Nghị định 97/2021/ND-CP

Decree No. 97/2021/ND-CP dated November 08, 2021 on amendment to Decree No. 23/2018/ND-CP on compulsory fire and explosion insurance

Nội dung toàn văn Decree 97/2021/ND-CP amendment to Decree 23/2018/ND-CP


GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

No. 97/2021/ND-CP

Hanoi, November 08, 2021

 

DECREE

AMENDMENT TO DECREE NO. 23/2018/ND-CP DATED FEBRUARY 23, 2018 OF THE GOVERNMENT ON COMPULSORY FIRE AND EXPLOSION INSURANCE

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on Insurance Business dated December 9, 2000; Law on amendments to Law on Insurance Business dated November 24, 2010;

Pursuant to Law on amendments to Law on Insurance Business, Law on Intellectual Property dated June 14, 2019;

Pursuant to Law on Fire Prevention and Firefighting dated June 29, 2001; Law on amendments to Law on Fire Prevention and Firefighting dated November 22, 2013;

At request of Minister of Finance;

 The Government promulgates Decree on amendment to Decree No. 23/2018/ND-CP dated February 23, 2018 of the Government on compulsory fire and explosion insurance.

Article 1. Amendment to Decree No. 23/2018/ND-CP dated February 23, 2018 of the Government on compulsory fire and explosion insurance

1. Amend Clause 1 Article 2 as follows:

“1. Agencies, organizations, and individuals having facilities facing a risk of conflagration according to regulations and law on fire prevention and firefighting”.

2. Amend Point b Clause 1 Article 7 as follows:

“b) If the total sum insured for all assets in a single location of facilities facing a risk of conflagration (except nuclear facilities) is at least VND 1,000 billion: Insurance enterprises and policyholders shall agree on insurance premiums on the basis of approval of reinsurers. In any case, insurance premiums must not be lower than the product of VND 1,000 billion multiplying with insurance rate specified under Clause 1 Section I Annex I attached hereto".

3. Add Point c after Point b Clause 1 Article 7 as follows:

“c) For nuclear facilities: Insurance enterprises and policyholders shall agree on insurance premiums on the basis of approval of reinsurers”.

4. Add Article 7a after Article 7 as follows:

“Article 7a. Certificate for compulsory fire and explosion insurance

1. Insurance enterprises must issue Certificate for compulsory fire and explosion insurance for the policyholders. Certificates for compulsory fire and explosion insurance shall be designed by insurance enterprises and include following details:

a) Name and address of insurance enterprises, policyholders, and the insured;

b) List of facilities (specify the list of facilities facing a risk of conflagration according to regulations and law on fire prevention and firefighting);

c) Address of insured property;

d) Insured property;

dd) Sum insured;

e) Deductible;

g) Insurance period;

h) Insurance rate, insurance premiums;

i) Name, address, and hotline number of insurance enterprise;

k) Date of issue of the Certificate of insurance.

2. In case electronic Certificate of insurance is issued, insurance enterprise must comply with Law on Electronic Transactions and guiding documents; electronic Certificate of insurance must comply with applicable laws and fully reflect details under Clause 1 of this Article”.

5. Amend Clause 3 Article 10 as follows:

“3. Revenues of compulsory fire and explosion insurance that serve fire prevention and firefighting shall be used as follows:

a) Funding for fire prevention and firefighting equipment and facilities for the Fire department. Spend no more than 65% of actual revenues of compulsory fire and explosion insurance collected by insurance enterprises for this purpose in a financial year.

b) Funding for publicizing, popularizing the law and knowledge regarding fire prevention, firefighting, and compulsory fire, explosion insurance. Spend no more than 15% of actual revenues of compulsory fire and explosion insurance collected by insurance enterprises for this purpose in a financial year.

c) Funding for the Fire department for implementation of: Investigating causes of fire; providing professional training, conducting fire safety and fire prevention inspection; supervising participation in compulsory fire and explosion insurance of facilities facing a risk of conflagration. Spend no more than 15% of actual revenues of compulsory fire and explosion insurance collected by insurance enterprises for this purpose in a financial year.

d) Funding for commending achievements of organizations and individuals directly participating and cooperating in fire prevention and firefighting operations. Spend no more than 5% of actual revenues of compulsory fire and explosion insurance collected by insurance enterprises for this purpose in a financial year.”

6. Add Clause 4 after Clause 3 Article 12 as follows:

“4. Specify level of risk of conflagration of industrial facilities with grade A, B, C, D, or E fire grade under Inspection record or Fire safety and firefighting inspection record when identifying level of risk of conflagration of agencies, organizations, and individuals having facilities facing risk of fire or explosion”.

7. Amend Clause 1 Article 15 as follows:

“1. Produce and send reports regarding compulsory fire and explosion insurance as follows:

a) Professional report: Insurance enterprise must produce annual professional report using form under Annex II attached hereto and send to Ministry of Finance, to be specific:

Data collection date: From January 1st to December 31st of the reporting year.

Report submission deadline: March 31st of the following financial year.

Methods of submission: In person or via postal service or via e-mail or via reporting system of Ministry of Finance (once the reporting system of Ministry of Finance is operational).

b) Report on revenues and expenditures that are made from compulsory fire and explosion insurance and serving fire prevention and firefighting activities: Insurance enterprise must produce report using form under Annex III attached hereto and submit to Ministry of Public Security, to be specific:

Data collection date: Report for the first 6 months of the year (from January1st to June 30th of the reporting year); Report for the whole year (from January 1st to December 31st inclusively of the reporting year).

Deadline for submission: Report for the first 6 months of the year (July 31st); Report for the whole year (January 31st of the next financial year).

Submission method: In person or via postal service to Ministry of Public Security (Central Department of Fire safety, Firefighting, and Rescue).

c) In addition to reports under Point a and Point b of this Clause, insurance enterprises are responsible for producing irregular reports and submitting at request of Ministry of Finance in the following cases: Submitting report at the request of the National Assembly, Standing Committee of the National Assembly, the Government, or the Prime Minister; submitting conclusive, assessment report to serve development of policies; submitting report upon receiving information on violation of regulations on compulsory fire and explosion insurance; submitting other reports in order to satisfy information demand of arising issues”.

8. Add Article 15b after Article 15 as follows:

“Article 15b. Responsibilities of agencies, organizations, and individuals having facilities facing risk of conflagration

Identify A, B, C, D, and E fire grade of industrial facilities in case of facilities facing risk of conflagration according to regulations and law on fire prevention and firefighting”.

Article 2. Replacement and annulment of regulations under Decree No. 23/2018/ND-CP dated February 2, 2018 of the Government

1. Replace the phrase “cơ quan Cảnh sát phòng cháy và chữa cháy” (the fire department) under Decree No. 23/2018/ND-CP with “cơ quan Công an có thẩm quyền” (competent police authority) under this Decree.

2. Replace and/or annul the following annexes:

a) Annul “Annex I: Model Certificate of compulsory fire and explosion insurance”, “Annex IV: Report on business results of compulsory fire and explosion insurance” of Decree No. 23/2018/ND-CP.

b) Replace “Annex II: Insurance premiums and deductible of compulsory fire and explosion insurance” under Decree No. 23/2018/ND-CP with “Annex I: Insurance premiums and deductible of compulsory fire and explosion insurance” under this Decree.

c) Replace “Annex III: Report on revenues and indemnity of compulsory fire and explosion insurance” under Decree No. 23/2018/ND-CP with “Annex II: Report on revenues and indemnity of compulsory fire and explosion insurance” under this Decree.

d) Replace “Annex V: Report on revenues and expenditure made from compulsory fire and explosion insurance” under Decree No. 23/2018/ND-CP with “Annex III: Report on revenues and expenditure made from compulsory fire and explosion insurance serving fire prevention and firefighting” under this Decree.

Article 3. Implementation

1. This Decree comes into force from December 23, 2021.

2. Contracts for compulsory fire and explosion insurance that have been signed before the effective date hereof shall conform to regulations and law at the time of signing. In case contracts for compulsory fire and explosion insurance are revised where revised details are mentioned under this Decree, comply with this Decree.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and regulated entities of this Decree are responsible for implementation of this Decree.

 

 

PP. GOVERNMENT
ACTING PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai

 

ANNEX I

INSURANCE PREMIUMS AND DEDUCTIBLE OF COMPULSORY FIRE AND EXPLOSION INSURANCE
 (Attached to Decree No. 97/2021/ND-CP dated November 08, 2021 of Government)

I. INSURANCE PREIUMS (VAT NOT INCLUDED)

1. In case total sum insured of all properties at the same location in facilities facing risk of conflagration (other than nuclear facilities) specified under Annex II attached to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government and Law on amendment to Law on Fire Prevention and Firefighting and documents on amendment and replacement (if any) are less than VND 1,000 billion, insurance premiums shall be determined by multiplying (x) minimum sum insured with insurance rate. Based on level of risk of each facility facing risk of conflagration, insurance enterprise and the policyholder shall agree on insurance rate which is not lower than the following insurance rate:

No.

List of facilities facing risk of conflagration

Deductible (category)

Insurance rate/year (%)

1

Head office of high-ranking government agencies having at least 10 storeys or having at least 25,000 m3 in volume of working blocks

M

0.05

2

Apartment buildings, tenement houses, dorms having at least 7 storeys or having at least 10,000 m3 in volume; multi-purpose houses having at least 5 storeys or having at least 5,000 m3 in volume

 

 

2.1

Apartment buildings, tenement houses, dorms, and multi-purpose houses installed with automatic sprinkler system

M

0.05

2.2

Apartment buildings, tenement houses, dorms, and multi-purpose houses not installed with automatic sprinkler system

M

0.1

3

Kindergartens and preschools providing education for at least 350 children or having at least 5,000 m3 in volume of buildings serving education purpose; primary schools, lower secondary schools, upper secondary schools, multi-level schools having at least 5,000 m3 in volume of buildings serving education purpose; colleges, universities, institutes, intermediate professional education institutions, vocational education facilities, and continuous education facilities having at least 7 storeys or having at least 10,000 m3 in volume of buildings serving education purpose; other education institutions established according to Law on Education and having at least 5,000 m3 in volume

M

0.05

4

Hospitals having at least 250 hospital beds; general medicine clinics, specialist consultation clinics, sanitariums, intensive care clinics, orthopaedic clinics, nursing homes, epidemic management centers, medical centers, and other medical establishments established under Law on Medical Examination and Treatment having at least 5 storeys or having at least 5,000 m3 in volume

M

0.05

5

Theaters, cinemas, and circuses having at least 600 seats; convention centers, event revenues having at least 5 storeys or having at least 10,000 m3 in volume of building serving convention and event; cultural houses, karaoke venues, dance clubs, bars, clubs, beauty salons, massage venues, recreational parks, zoos, and aquariums having at least 5,000 m3 in volume

 

 

5.1

Karaoke venues, dance clubs, bars

N

0.4

5.2

Theaters, cinemas, circuses; convention centers, event venues; cultural houses, clubs, beauty salons, massage venues

M

0.1

5.3

Recreational parks, zoos, aquariums

M

0.05

6

Class 1 market, class 2 market; shopping malls, electronic appliance store, supermarkets, department stores, convenient stores, restaurants, diners having at least 500 m2 in business area or having at least 5,000 m3 in volume

 

 

6.1

Shopping malls

M

0.06

6.2

Supermarkets, department stores, electronic appliance stores, and convenient stores

M

0.08

6.3

Restaurants, diners

M

0.15

6.4

Markets

N

0.5

7

Hotels, motels, and other accommodations established under Law on Tourism having at least 7 storeys or having at least 10,000 m3 in volume of buildings serving accommodation purpose

 

 

7.1

Hotels, motels, and other accommodations established under Law on Tourism installed with automatic sprinkler system

M

0.05

7.2

Hotels, motels, and other accommodations established under Law on Tourism not installed with automatic sprinkler system

M

0.1

8

Workplace of socio-political enterprises and organizations having at least 7 storeys or having at least 10,000 m3 in volume of working buildings

M

0.05

9

Museums, libraries, exhibitions, galleries, storage, bookstores, and fairs having at least 10,000 m3 in volume

 

 

9.1

Museums, libraries, galleries, storage

M

0.075

9.2

Exhibits, bookstores, fairs

M

0.12

10

Post offices, television stations, radio stations, telecommunication stations having at least 5 storeys or having at least 10,000 m3 in volume of primary building block; buildings where information equipment is installed, data management and storage centers having at least 5,000 m3 in volume

M

0.075

11

Stadiums having at least 40,000 in seat capacity; sports stadiums; indoor sports facilities having at least 500 in seat capacity; sports centers, racing tracks, shooting ranges having at least 10,000 m3 in volume of sports structure or having at least 5,000 in seat capacity; other sports facilities established according to Law on Sports having at least 5,000 m3 in volume

M

0.06

12

Airports; air traffic control towers; seaports; inland depots; type I and type II inland water port; type 1 and type 2 coach stations; type 1 rest stops; railway stations, passenger gondola lift stations having at least 5,000 m3 in volume; subway structures; motor vehicle registration facilities; automobile, motorbike, moped trading, servicing, maintaining facilities having at least 500 m2 in operation area or having at least 5,000 m3 in volume

 

 

12.1

Seaports; inland depots; inland water ports; coach stations; rest stops; passenger gondola lift stations; subway structures; motor vehicle registration facilities

M

0.1

12.2

Railway stations, subway structures

N

0.12

12.3

Airports; air traffic control towers

M

0.08

12.4

Automobile, motorbike, moped trading, servicing, maintaining facilities

N

0.15

13

Parking garages capable of storing at least 10 automobiles

N

0.12

14

Manufacturing, trading, maintaining, and using facilities of industrial explosive ordinances and explosive precursors; industrial explosive ordinance and explosive precursor storage; industrial explosive ordinance and explosive precursor import and export ports; weaponry and combat gear storage

N

0.5

15

Extracting, processing, manufacturing, transporting, trading, and preserving facilities of petroleum, petroleum products, and gas in land; petroleum, petroleum product, and gas storage; petroleum, petroleum product, and gas import, export ports; petroleum filling stations; filling stations of flammable liquid and gas having at least 200 kg of total amount of gas in stock

 

 

15.1

Extracting, processing, manufacturing, transporting, trading, and preserving facilities of petroleum, petroleum products, and gas in land

N

0.35

15.2

Petroleum, petroleum product, and gas storage; petroleum, petroleum product, and gas import, export ports; petroleum filling stations; filling stations of flammable liquid and gas

N

0.3

16

Industrial facilities with grade A or B risk of conflagration having at least 5,000 m3 in volume of buildings housing primary manufacturing technology; grade C risk of conflagration having at least 10,000 m3 in volume of buildings housing primary manufacturing technology; grade D or E risk of conflagration having at least 15,000 m3 in volume of buildings housing primary manufacturing technology

 

 

16.1

a) Industrial manufacturing facilities having grade A, B, or C risk of conflagration (other than wood, footwear, and paper manufacturing facilities)

N

0.2

 

In which:

 

 

 

Rubber vulcanization plant

N

0.2

 

Handicraft product manufacturing

N

0.2

 

Cardboard packaging and industrial packaging manufacturing

N

0.2

 

Carving workshops (to make broom, brush, paintbrush, excluding wood processing)

N

0.2

 

Ore smelting (except iron ore)

N

0.2

 

Coke smelting factories, coal briquette and lignite briquette manufacturing factories

N

0.2

 

Metal ore extraction

N

0.2

 

Fabric scrap processing facilities (classifying, cleaning, combing, trading)

N

0.2

 

Rope and wire manufacturing facilities except sewing thread (if the rope or wire is coated with plastic or asphalt)

N

0.2

 

Rope and wire manufacturing facilities except sewing thread (if the rope or wire is not coated with plastic or asphalt)

N

0.2

 

Knitting factories

N

0.2

 

Animal fur processing and hide textile factories

N

0.2

 

Fabric dyeing and printing

N

0.2

 

Textile factories for other types of fabric (cotton, viscose, linen, hemp, jute)

N

0.2

 

Textile spinning factories

N

0.2

 

Carpet and floor covering manufacturing factories

N

0.2

 

Sewing thread factories

N

0.2

 

Washing, ironing, bleaching, steaming, dyeing factories

N

0.2

 

Undergarment and lace textile

N

0.2

 

Clothing textile

N

0.2

 

Manufacturing of other unclassified textile products

N

0.2

 

Facilities manufacturing products from leather

N

0.2

 

Rubber band manufacturing factories

N

0.2

 

Leather manufacturing factories

N

0.2

 

Silk manufacturing

N

0.2

 

Silk, wool, and synthetic fiber textile factories

N

0.2

 

Brush manufacturing

N

0.2

 

Paint manufacturing

N

0.2

 

Inorganic and organic chemical factories for processing ingredients and semi-products of products such as fertilizers in form of pellets, powder, acid, salt, solvent, synthetic rubber

N

0.2

 

Raincoat, plastic sheet, table linen manufacturing facilities

N

0.2

 

Candle wax, polishing wax manufacturing

N

0.2

 

Molded plastic and plastic

N

0.2

 

Cork manufacturing facilities

N

0.2

 

Soap and cosmetics manufacturing

N

0.2

 

Manufacturing of plastic for assembly

N

0.2

 

Plastic and solid rubber manufacturing facilities

N

0.2

 

Rubber product manufacturing factories

N

0.2

 

Artificial flower manufacturing facilities

N

0.2

 

Printing factories and facilities (not including paper manufacturing and processing)

N

0.2

 

Printing ink manufacturing facilities

N

0.2

 

Book binding facilities

N

0.2

 

Cigarette and cigarette material manufacturing factories

N

0.2

 

Mixed fertilizer factories

N

0.2

 

Waste incineration plants

N

0.2

 

Painting facilities

N

0.2

 

Construction material manufacturing that involves wood, paper, flammable substances (not including manufacturing of wooden interior)

N

0.2

 

Alcohol and other flammable liquid manufacturing facilities (not including petroleum and gas)

N

0.2

 

Battery manufacturing facilities

N

0.2

 

Painting, backdrop, and advertisement panel manufacturing facilities

N

0.2

 

Funeral/cremation organization centers

N

0.2

 

Sandpaper manufacturing facilities

N

0.2

 

b) Wood manufacturing facilities

N

0.5

 

In which:

 

 

 

Coal manufacturing facilities

N

0.5

 

Wooden pencil manufacturing facilities

N

0.5

 

Facilities manufacturing baskets and products from rattan, bamboo, tropical bamboo

N

0.5

 

Matchstick, incense, joss paper manufacturing facilities

N

0.5

 

Sawmill products manufacturing and processing facilities

N

0.5

 

c) Footwear manufacturing facilities

N

0.35

 

d) Paper manufacturing and processing facilities

N

0.35

16.2

Industrial manufacturing facilities having grade D or E risk of conflagration

M

0.15

 

In which:

 

 

 

Iron, steel manufacturing facilities

M

0.15

 

Ore processing and manufacturing facilities

M

0.15

 

Processing gravel, chippings, coal slag and plastic mix with asphalt

M

0.15

 

Mineral manufacturing (sawing, sanding, polishing)

M

0.15

 

Manufacturing and processing hollow glassware, bottles, optical instrument, door glass, glass panel

M

0.15

 

Film studios, film processing facilities

M

0.15

 

Filming material manufacturing facilities

M

0.15

 

Rice, wheat, and agricultural product polishing and husking facilities

M

0.15

 

Cattle feed and other feeds manufacturing and processing facilities

M

0.15

 

Instant noodle and instant congee manufacturing facilities

M

0.15

 

Sugar factories

M

0.15

 

Confectionery manufacturing facilities

M

0.15

 

Cooking oil manufacturing facilities

M

0.15

 

Fish sauce and vinegar manufacturing facilities

M

0.15

 

Canned food manufacturing, fishery, meat, dairy product processing facilities

M

0.15

 

Malt manufacturing facilities

M

0.15

 

Spirits, alcohol, juice, sparkling water, drinking water manufacturing facilities, and beer breweries

M

0.15

 

Welding and cutting facilities

M

0.15

 

Manufacturing of regular and high-class ceramic wares namely floor tiles, porcelain wares, earthenwares, ceramic wares, etc.

M

0.15

 

Kilns

M

0.15

 

Cement factories

M

0.15

 

Electrical equipment manufacturing facilities

M

0.15

 

Pre-assembled metal structure and component manufacturing facilities

M

0.15

 

Metal can manufacturing facilities

M

0.15

 

Nut and bolt manufacturing and metal processing facilities

M

0.15

 

Water treatment plants

M

0.15

 

Solid waste processing facilities (not using furnace technology)

M

0.15

 

Water filter machine manufacturing facilities

M

0.15

 

Clock manufacturing facilities

M

0.15

 

Solar panel manufacturing facilities

M

0.15

 

Mechanical equipment manufacturing facilities

M

0.15

 

Automobile, bicycle, motorbike component manufacturing facilities, and other component manufacturing facilities

M

0.15

 

Automobile, motorbike, electric vehicle, and the likes manufacturing and assembling facilities

M

0.15

 

Gold, silver, and jewelry manufacturing and processing

M

0.15

 

Electronic component (printing machines, cameras, computers, household articles, etc.), telecommunication equipment, semi-conductor manufacturing and assembling facilities

M

0.15

 

Optical cable and copper cable manufacturing facilities

M

0.15

 

Aircraft component manufacturing facilities

M

0.15

 

Rolling bearing and washer manufacturing facilities

M

0.15

 

Metal zipper manufacturing facilities

M

0.15

 

Pharmaceutical manufacturing facilities

M

0.15

17

Power plants; electrical substations with at least 100 kv in voltage

 

 

17.1

Thermoelectric power plants

N

0.15

17.2

Hydroelectricity power plants; nuclear power plants, geothermal power plans, tidal power plants, waste-to-electricity plants, biomass power plants, biogas power plants, cogeneration power plants, and other power plants

N

0.12

17.3

Floating wind turbines and solar power plants

N

0.5

17.4

Electrical substations with at least 110 kv in voltage, power line

N

0.2

18

Tunnels where explosives and/or flammable substances are manufactured, preserved, or used with at least 5,000 m3 in total volume; storage of flammable commodities and materials or storage of non-flammable commodities and materials contained in flammable packaging with at least 5,000 m3 in total volume

 

 

18.1

Tunnels where explosives or flammable substances are manufactured, preserved, or used

N

0.5

18.2

Storage of flammable commodities and materials (stand-alone storage, not located within factories or facilities where manufacturing activities are conducted)

N

0.2

 

In which:

 

 

 

General commodity storage, commodity warehouses

N

0.2

 

Asphalt storage

N

0.2

 

Lipstick storage

N

0.2

 

Chemical storage

N

0.2

 

Plastic, rubber product and semi-finished product storage

N

0.2

 

Alcoholic beverage and flammable liquid storage

N

0.2

 

Cotton, wool, textile product storage

N

0.2

 

Paper, cover, and packaging storage

N

0.2

 

Sawmill product storage

N

0.2

 

Essential oil, flavoring, cooking oil storage

N

0.2

 

Cigarette storage

N

0.2

 

Pharmaceutical storage

N

0.2

 

Photography equipment storage

N

0.2

 

Electrical and electronic equipment storage

N

0.2

 

Agricultural product storage

N

0.2

 

Cold storage

N

0.2

 

Construction material storage

N

0.2

18.3

Storage of non-flammable commodities and materials contained in flammable packaging (stand-alone storage, not located within factories or facilities where manufacturing activities are conducted)

M

0.1

 

In which:

 

 

 

Brick, ceramic ware, cement, plaster

M

0.1

 

Metal, spare mechanical parts

M

0.1

 

Lubricating greases and oils

M

0.1

 

Sparkling water and drinks

M

0.1

In case insurance period is not 1 year specifically, insurance premiums shall be calculated on the basis of insurance premiums mentioned above corresponding to insurance period. To be specific:

 

Payable insurance premiums =

Annual insurance premiums based on list of facilities facing a risk of conflagration

 

x Insurance period (days)

365 (days)

Note:

M and N are symbols for type of deductible specified under Clause 1 Section II of this Annex.

For industrial facilities having A, B, C, D, or E fire, explosive grade (category 16): In case fire, explosion grade of industrial facilities under Inspection record or Fire safety and fire prevention inspection record is different from details under category 16 mentioned above, comply with Inspection record or Fire safety and firefighting inspection record.

2. If the total sum insured for all assets in a single location of facilities facing a risk of conflagration (except nuclear facilities) is at least VND 1,000 billion: Insurance enterprises and policyholders shall agree on insurance premiums on the basis of approval of reinsurers. In any case, insurance premiums must not be lower than the product of VND 1,000 billion multiplying with insurance rate specified under Clause 1 of this Section.

3. For nuclear facilities: Insurance enterprises and policyholders shall agree on insurance premiums on the basis of approval of reinsurers.

II. DEDUCTIBLE

1. For facilities facing a risk of conflagration (other than nuclear facilities) having total sum insured for all properties at any location under VND 1,000 billion:

a) For facilities facing risk of conflagration under category M according to Clause 1 Section I of this Annex: Maximum deductible is 1% of insured sum and is not lower than deductible under Point c of this Clause.

b) For facilities facing risk of conflagration under category N according to Clause 1 Section I of this Annex: Maximum deductible is 10% of insured sum and is not lower than deductible under Point c of this Clause.

c) In any case, deductible under Points a and b of this Clause must not be lower than the following values:

Unit: VND million

Insured sum

Deductible

Up to 2,000

4

Exceeding 2,000 to 10,000

10

Exceeding 10,000 to 50,000

20

Exceeding 50,000 to 100,000

40

Exceeding 100,000 to 200,000

60

Above 200,000

100

2. In case total sum insured for all assets in a single location of facilities facing a risk of conflagration is at least VND 1,000 billion and in case of nuclear facilities: Insurance enterprises and policyholders shall agree on insurance premiums on the basis of approval of reinsurers.

 

ANNEX II

REPORT ON REVENUES AND INDEMNITYS OF COMPULSORY FIRE AND EXPLOSION INSURANCE
 (Attached to Decree No. 97/2021/ND-CP dated November 08, 2021 of Government)

Insurance enterprise:

Reporting period: ………… year

Unit: VND

No.

List of facilities (*)

Insurance premiums

Indemnity

Principal insurance premiums

Retained insurance premiums

Indemnity of principal insurance premiums

Indemnity of retention

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

5

 

 

 

 

 

6

 

 

 

 

 

...

 

 

 

 

 

 

 

 

 

 

 

(*) Insurance enterprises shall submit report according to list of facilities under Clause 1 Section I Annex I attached hereto.

We hereby guarantee truthfulness of the information mentioned above.

 


SCHEDULE PRODUCER
(Signature and full name)

..., (Location and date)
LEGAL REPRESENTATIVE
(Signature and stamps)

 

ANNEX III

REPORT ON REVENUES AND EXPENDITURE FROM COMPULSORY FIRE AND EXPLOSION INSURANCE
 (Attached to Decree No. 97/2021/ND-CP dated November 08, 2021 of Government)

Insurance enterprise:

Reporting period: the first 6 months of ……… (year)/……… (year)

Unit: VND

No.

Report indicators

Amount

1

Total sum of compulsory fire and explosion insurance collected from original insurance contracts in the previous financial year

 

2

Amount submitted from compulsory fire and explosion insurance in the financial year

 

3

Amount submitted in the first 6 months

 

4

Amount submitted in the last 6 months

 

5

Amount submitted in the whole year

 

6

Remaining payable in the financial year

 

We hereby guarantee truthfulness of the information mentioned above.

 


SCHEDULE PRODUCER
(Signature and full name)

..., (Location and date)
LEGAL REPRESENTATIVE
(Signature and stamps)

 

 


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Thuộc tính Văn bản pháp luật 97/2021/ND-CP

Loại văn bảnNghị định
Số hiệu97/2021/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành08/11/2021
Ngày hiệu lực23/12/2021
Ngày công báo...
Số công báo
Lĩnh vựcBảo hiểm
Tình trạng hiệu lựcChưa có hiệu lực
Cập nhậtTuần trước
(19/11/2021)
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 97/2021/ND-CP

Lược đồ Decree 97/2021/ND-CP amendment to Decree 23/2018/ND-CP


Văn bản bị sửa đổi, bổ sung

    Văn bản liên quan ngôn ngữ

      Văn bản sửa đổi, bổ sung

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              Văn bản bị thay thế

                Văn bản hiện thời

                Decree 97/2021/ND-CP amendment to Decree 23/2018/ND-CP
                Loại văn bảnNghị định
                Số hiệu97/2021/ND-CP
                Cơ quan ban hànhChính phủ
                Người kýLê Minh Khái
                Ngày ban hành08/11/2021
                Ngày hiệu lực23/12/2021
                Ngày công báo...
                Số công báo
                Lĩnh vựcBảo hiểm
                Tình trạng hiệu lựcChưa có hiệu lực
                Cập nhậtTuần trước
                (19/11/2021)

                Văn bản thay thế

                  Văn bản được dẫn chiếu

                    Văn bản hướng dẫn

                      Văn bản được hợp nhất

                        Văn bản được căn cứ

                          Văn bản hợp nhất

                            Văn bản gốc Decree 97/2021/ND-CP amendment to Decree 23/2018/ND-CP

                            Lịch sử hiệu lực Decree 97/2021/ND-CP amendment to Decree 23/2018/ND-CP

                            • 08/11/2021

                              Văn bản được ban hành

                              Trạng thái: Chưa có hiệu lực

                            • 23/12/2021

                              Văn bản có hiệu lực

                              Trạng thái: Có hiệu lực