Nội dung toàn văn Circular No. 151/2012/TT-BTC on the amendments to the Circular No. 126/2008/TT-B
THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIETNAM |
No. 151/2012/TT-BTC | Hanoi, September 12th 2012 |
CIRCULAR
ON THE AMENDMENTS TO THE CIRCULAR NO. 126/2008/TT-BTC DATED DECEMBER 22nd 2008 OF THE MINISTRY OF FINANCE, ON THE PRINCILES, TERMS AND CONDITIONS, TARIFF, AND LEVEL OF COMPULSORY INSURANCE FOR CIVIL LIABILITY OF MOTOR VEHICLE ONWERS, AND THE CIRCULAR NO. 103/2009/TT-BTC DATED MAY 25th 2009 OF THE MINISTRY OF FINANCE ON THE MANAGEMENT, USE, AND PAYMENT FOR MOTOR VEHICLE INSURANCE FUNDS
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November 27th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance ;
Pursuant to the Government's Decree No. 103/2008/ND-CP dated September 16th 2008 on compulsory insurance for civil liability of motor vehicle owners;
At the request of the Director of the Department of Insurance Management and Supervision;
The Ministry of Finance issues a Circular on the amendments to the Circular No. 126/2008/TT-BTC dated December 22nd 2008 of the Ministry of Finance, on the principles, terms and conditions, tariff, and level of compulsory insurance for civil liability of motor vehicle owners (hereinafter referred to as the Circular No. 126/2008/TT-BTC) and the Circular No. 103/2009/TT-BTC dated May 25th 2009 of the Ministry of Finance on the management, use, and payment for motor vehicle insurance funds (hereinafter referred to as the Circular No. 103/2009/TT-BTC),
Article 1. Amendments to the Circular No. 126/2008/TT-BTC
1. Point 5.1 Clause 5 of Section I is amended as follows:
“5.1. Non-contractual bodily injuries, bodily suffering and loss of property of the third party caused by motor vehicles.”
2. Point 1.2 Clause 1 of Section II is amended as follows:
“1.2. Insurers only issue Certificates of insurance to motor vehicle owners after they have paid off the insurance premium. The full payment of insurance premium shall be certified by accounting documents of the insurer (receipts or other documents ad prescribed by relevant laws). In some special cases, the insurer and the motor vehicle owner may reach a written agreement on the deadline for the insurance premium payment, in particular:
- If the motor vehicle owner is an administrative agency or public service provider of the State, the insurance premium shall be paid within 10 days from the effective date of the Certificate of insurance.
If the motor vehicle owner is not an administrative agency or public service provider of the State and buys insurance for many motor vehicles at the same time and the total insurance premium payable is at least 100 million VND, the insurance premium shall be paid in 2 instalments:
+ First instalment: the motor vehicle owner shall pay 50% of the total insurance premium before the effective date of the Certificate of insurance;
+ Second instalment: the motor vehicle owner shall pay the remainder within 90 days from the effective date of the Certificate of insurance.
- If the motor vehicle owner fails to pay insurance premium before the deadlines above, the insurance contract shall be terminated on the day after such deadlines. Within 5 working days from the termination date of the insurance contract, the insurer shall notify the motor vehicle owner in writing of the termination of the insurance contract and refund the excess insurance premium (if any) to the motor vehicle owner, or request the motor vehicle owner to pay off the insurance premium by the termination date of the insurance contract. The insurer shall not refund the insurance premium if an insured event and a liability to provide indemnities occur before the insurance contract is terminated. The insurer is not liable to provide indemnities to the insured when an insured event occurs while the insurance contract is terminated. The insurance contract shall take effect again from the day on which the insurance premium is paid off and the insurer makes a written approval.”
3. Point 2.1 Clause 2 of Section II is amended as follows:
“2.1. The effective date of the Certificate of insurance is written on the Certificate of insurance. The Certificate of insurance shall not takes effect before the motor vehicle owner pays off the insurance premium, except for the special cases in which the insurer and the motor vehicle owner reaches a written agreement on the deadline for paying insurance premium as prescribed in Clause 2 Article 1 of this Circular.”
4. Point 2.2.d Clause 2 of Section II is added as follows:
“d) Where a motor vehicle owner buys insurance for many vehicles at various times in a year, and wishes to convert the dates of all insurance contracts into the date for management, the insurance period of these vehicles may be shorter than 01 year and equal the remaining period of the first insurance contract in that year. The insurance period of the succeeding year of all insurance contracts (converted) is 01 year”.
5. Clause 4 of Section II is amended as follows:
“Maximum liability is the maximum amount of money that an insurer shall pay for bodily injuries, bodily suffering and loss of property of a third party and passengers caused by motor vehicles in each accident covered by the insurance. In particular:
4.1. The maximum liability for a bodily suffering caused by motor vehicles is 70,000,000 VND/person/accident.
4.2. The maximum liability for a loss of property caused by 2-wheel or 3-wheel motorbikes and similar motor vehicles (including motor vehicles for the disabled) is 40,000,000 VND/accident.
4.3. The maximum liability for a loss of property caused by cars, tractors, heavy-duty vehicles, vehicles serving agriculture, forestry, and other specialized vehicles serving National defense and security (including trailers and semi-trailers pulled by cars or tractors) is 70,000,000/accident.”
6. Point 7.3 Clause 7 of Section II is amended as follows:
“Insurers shall not provide indemnities in the following cases:
7.3. The driver has no driver’s license or the driver’s license is not appropriate for the type of the motor vehicle for which a driver’s license is compulsory. The driver who has his or her driver’s license revoked for a period of time or indefinitely is considered having no driver’s license”
7. Point 8.3 and Point 8.4 of Section II is amended as follows:
“8.3. Levels of indemnities:
The indemnity against each kind of injuries and bodily suffering is determined according to the Table of indemnities against bodily suffering provided in Appendix 2 to this Circular, or according to the agreement between the motor vehicle owner and the victim or the legal representative of the victim (in case the victim is dead). Such indemnity shall not exceed the levels in Appendix 2 to this Circular. If the Court makes a decision, the indemnity shall comply with that decision but shall not exceed the levels in Appendix 2 to this Circular.
Where multiple motor vehicles cause an accident that lead to bodily suffering, the indemnity shall be determined according to the errors committed by the motor vehicle owners, but shall not exceed the maximum liability.
For accidents of which the causes are totally on account of the victims, the indemnity shall be 50% of the level in Appendix 2 to this Circular.
b) The specific indemnity against a loss of property in an accident is determined based on the actual damage and the errors committed by the motor vehicle owner, but shall not exceed the indemnity.
8.4. The insurer shall not provide indemnities for the excess of the insurance liability according to Appendix 2 to this Circular.
8. Appendix 1 on premiums of compulsory insurance for civil liability of motor vehicle owners enclosed herewith shall supersedes Appendix 5 to the Circular No. 126/2008/TT-BTC.
9. Appendix 2 on the indemnities against bodily suffering enclosed herewith shall supersede Appendix 6 to the Circular No. 126/2008/TT-BTC.
10. Appendix 3, Appendix 4, and Appendix 5 providing the templates of the Certificates of compulsory insurance for civil liability of motor vehicle owners enclosed here with shall supersede Appendix 1, Appendix 2, and Appendix 3 to the Circular No. 126/2008/TT-BTC.
11. Appendix 6 on Reports on compulsory insurance for civil liability of motor vehicle owners enclosed herewith shall supersede Appendix 7 to the Circular No. 126/2008/TT-BTC.
Article 2. Amendments to Clause 3 Article 6 of the Circular No. 103/2009/TT-BTC on support levels and subjects of support:
“3. Humanity aid: the expenditure must not exceed 15% of the annual payment to the fund, in particular:
The funeral support in case of bodily suffering and support for total permanent disability of a third person and car passengers caused by motor vehicles in case the motor vehicles that caused the accident are not identified, the vehicle has no insurance, except for the insurance prescribed in Article 13 of the Decree No. 103/2008/ND-CP The funeral support and total permanent disability support are 20,000,000 VND per person per accident”.
Article 3. Implementation
1. This Circular takes effect on November 01st 2012.
2. Difficulties arising during the course of implementation should be reported to the Ministry of Finance for consideration and settlement./.
| PP THE MINISTER |
APPENDIX 1
PREMIUMS OF COMPULSORY INSURANCE FOR CIVIL LIABILITIES OF MOTOR VEHICLE OWNERS
(To the Circular No. 151/2012/TT-BTC dated September 12th 2012 of the Ministry of Finance)
No. | Vehicle | Annual premium (VND) |
I | 2-wheel motorbikes |
|
1 | ≤ 50 cc | 55,000 |
2 | >50 cc | 60,000 |
II | 3-wheel motorbikes, mopeds, and similar motor vehicles | 290,000 |
III | Vehicles not being used for transport services |
|
1 | < 6 seats | 397,000 |
2 | 6 – 11 seats | 794,000 |
3 | 12 – 24 seats | 1,270,000 |
4 | > 24 seats | 1,825,000 |
5 | Pickup trucks, minivan | 933,000 |
IV | Vehicles used for transport services |
|
1 | < 6 seats according to registration | 756,000 |
2 | 6 seats according to registration | 929,000 |
3 | 7 seats according to registration | 1,080,000 |
4 | 8 seats according to registration | 1,253,000 |
5 | 9 seats according to registration | 1,404,000 |
6 | 10 seats according to registration | 1,512,000 |
7 | 11 seats according to registration | 1,656,000 |
8 | 12 seats according to registration | 1,822,000 |
9 | 13 seats according to registration | 2,049,000 |
10 | 14 seats according to registration | 2,221,000 |
11 | 15 seats according to registration | 2,394,000 |
12 | 16 seats according to registration | 2,545,000 |
13 | 17 seats according to registration | 2,718,000 |
14 | 18 seats according to registration | 2,869,000 |
15 | 19 seats according to registration | 3,041,000 |
16 | 20 seats according to registration | 3,191,000 |
17 | 21 seats according to registration | 3,364,000 |
18 | 22 seats according to registration | 3,515,000 |
19 | 23 seats according to registration | 3,688,000 |
20 | 24 seats according to registration | 3,860,000 |
21 | 25 seats according to registration | 4,011,000 |
22 | > 25 seats | 4,011,000 + 30,000 x (total seats minus 25) |
V | Cargo trucks |
|
1 | < 3 tonnes | 853,000 |
2 | 3 - 8 tonnes | 1,660,000 |
3 | 8 - 15 tonnes | 2,288,000 |
4 | > 15 tonnes | 2,916,000 |
VI. PREMIUMS IN OTHER CASES
1. Cars for driving practice
At 120% of the insurance premium of a car of the same type in Section III and Section V.
2. Taxis
At 150% of the insurance premium of a business vehicle with the same number of seats in Section IV.
3. Specialized vehicles
- Insurance premiums of ambulances are equal to that of pickup trucks
- Insurance premiums of money trucks are equal to that of cars with fewer than 6 seats as prescribed in Section III.
- Insurance premiums of other specialized vehicles are equal to that of cargo trucks with the same weight as prescribed in Section V.
4. Trailer-tractors
At 130% of the insurance premium of a vehicle heavier than 15 tonnes. The insurance premium of a trailer-tractor covers both the trailer and the tractor.
5. Specialized motorbikes
Equal to the insurance premium of a cargo truck lighter than 3 tonnes as prescribed in Section V.
6. Buses
Equal to the insurance premium of a vehicle not being used for transport services with the same number of seats as prescribed.
(The insurance premiums above are exclusive of VAT 10%)
APPENDIX 2
INDEMNITIES AGAINST BODILY SUFFERING
(To the Circular No. 151/2012/TT-BTC dated September 12th 2012 of the Ministry of Finance)
| A coverage of 70 million VND shall be paid in the following cases |
| |||||
01 | Death |
| |||||
02 | Blindness of loss of both eyes |
| |||||
03 | Incurable psychosis |
| |||||
04 | Total loss of chewing, and speaking functions, respiratory functions |
| |||||
05 | Loss or paralysis of both arms (fro the shoulders or elbows) or both legs (from the crotch or knees) |
| |||||
06 | Loss of both hands or feet, loss of 1 arm and 1 foot, or 1 arm and 1 leg, or 1 hand and 1 leg. |
| |||||
07 | Loss of ability to work (complete paralysis, injuries that lead to immobilization or total permanent disability) |
| |||||
08 | Total removal of a lung and partially removal of the other |
| |||||
| II- INJURIES OF BODY PARTS | Coverage (million VND) |
| ||||
|
| From | to |
| |||
| A. PECTORAL LIMBS |
|
|
| |||
09 | Loss of one arm from the shoulder (shoulder disarticulation) | 53 | 60 |
| |||
10 | Amputation of one arm from below the shoulder | 49 | 56 |
| |||
11 | Amputation of one arm from the elbow (elbow disarticulation) | 46 | 53 |
| |||
12 | Loss of a hand or all five fingers | 42 | 49 |
| |||
13 | Loss of 4 fingers on one hand (except for the thumb) | 28 | 35 |
| |||
14 | Loss of both index finger and thumb | 25 | 32 |
| |||
15 | Loss of the index finger, middle finger, and ring finger | 21 | 25 |
| |||
16 | Loss of 1 thumb and 2 other fingers | 25 | 28 |
| |||
17 | Loss of 1 thumb and 1 other finger | 21 | 25 |
| |||
18 | Loss of 1 index finger and 2 other fingers | 25 | 28 |
| |||
19 | Loss of 1 index finger and 1 middle finger | 21 | 25 |
| |||
20 | Loss of 1 thumb and metacarpal | 18 | 21 |
| |||
| Loss of 1 thumb | 14 | 18 |
| |||
| Loss of the distal phalange | 7 | 11 |
| |||
| Loss of ½ of the distal phalange | 5 | 7 |
| |||
21 | Loss of 1 thumb and metacarpal | 14 | 18 |
| |||
| Loss of 1 index finger | 13 | 15 |
| |||
| Loss of 2nd joint and 3rd joint | 7 | 8 |
| |||
| Loss of 3rd joint | 6 | 7 |
| |||
22 | Loss of 1 middle finger or ring finger (a whole metacarpal) | 13 | 15 |
| |||
| Loss of 1 middle finger or ring finger | 11 | 13 |
| |||
| Loss of 2nd joint and 3rd joint | 6 | 8 |
| |||
| Loss of 3rd joint | 3 | 5 |
| |||
23 | Loss of 1 pinky and metacarpal | 11 | 14 |
| |||
| Loss of the whole pinky | 7 | 11 |
| |||
| Loss of 2nd joint and 3rd joint | 6 | 7 |
| |||
| Loss of 3rd joint | 3 | 5 |
| |||
24 | Shoulder stiffness | 18 | 25 |
| |||
25 | Elbow stiffness | 18 | 25 |
| |||
26 | Wrist stiffness | 18 | 25 |
| |||
27 | Mal union or loss of bone that shortens the limb more than 3 cm and impede the rotation of the forearm. | 18 | 25 |
| |||
28 | Wrist bone fracture, mal union, limited movement of shoulder joints | 25 | 32 |
| |||
29 | Humerus fracture |
|
|
| |||
| - Good union, normal movement | 11 | 18 |
| |||
| - Mal union, atrophy | 18 | 21 |
| |||
30 | Fracture of the radius and ulna | 8 | 18 |
| |||
31 | Fracture of the radius or ulna | 7 | 14 |
| |||
32 | Artificial joint of 2 bones | 18 | 25 |
| |||
33 | Artificial joint of 1 bone | 11 | 14 |
| |||
34 | Fracture of the lower extremity of the radius | 7 | 13 |
| |||
35 | Fracture of the styloid process of the radius or ulna | 6 | 11 |
| |||
36 | Fracture of wrist bones | 7 | 13 |
| |||
37 | Fracture of metacarpals (1 or many metacarpals) | 6 | 11 |
| |||
38 | Fracture of collar bone: |
|
|
| |||
| - Good union | 6 | 8 |
| |||
| - Mal union, shoulder stiffness | 13 | 18 |
| |||
| - Compression of axilarry nerve | 21 | 25 |
| |||
39 | Fracture of scapula |
|
|
| |||
| - Bone body fracture | 7 | 11 |
| |||
| - Horizontal fracture | 12 | 15 |
| |||
| - Fracture of shoulder joint | 21 | 28 |
| |||
40 | Fracture of finger bones (one or many fingers) | 2 | 8 |
| |||
| B. PELVIC LIMBS |
|
|
| |||
41 | Loss of one leg from the crotch (hip disarticulation) | 53 | 60 |
| |||
42 | Amputation of 1 thigh: the upper 1/3 | 49 | 56 |
| |||
| -The middle or lower 1/3 | 39 | 53 |
| |||
43 | Amputation of 1 leg from the knee (knee disarticulation) | 42 | 49 |
| |||
44 | Ankle disarticulation or loss of 1 foot | 39 | 46 |
| |||
45 | Loss of talus | 25 | 28 |
| |||
46 | Loss of calcaneus | 25 | 32 |
| |||
47 | Loss of part of the tibia, | 25 | 32 |
| |||
48 | Loss of part of the fibula | 14 | 21 |
| |||
49 | Loss of malleolus - lateral malleolus | 7 | 11 |
| |||
| - Medial malleolus | 11 | 14 |
| |||
50 | Loss of all 5 toes | 32 | 39 |
| |||
51 | Loss of 4 toes including the big toe | 27 | 34 |
| |||
52 | Loss of 4 toes excluding the big toe | 25 | 32 |
| |||
53 | Loss of 3rd toe, 4th toe, and 5th toe | 18 | 21 |
| |||
54 | Loss of 1st toe, 2nd toe, and 3rd toe | 21 | 25 |
| |||
55 | Loss of the big toe and 2nd toe | 14 | 18 |
| |||
56 | Loss of 1 big toe | 11 | 14 |
| |||
57 | Loss of 1 toe excluding the big toe | 7 | 11 |
| |||
58 | Loss of 1 big toe | 6 | 8 |
| |||
59 | Hip stiffness | 32 | 39 |
| |||
60 | Knee stiffness | 21 | 28 |
| |||
61 | Loss of most of the patella and serious limitation to the ability to stretch the leg | 32 | 39 |
| |||
62 | Bone fracture or loss of bone that shortens limbs |
|
|
| |||
| - At least 5 cm | 28 | 32 |
| |||
| - 3 - 5 cm | 25 | 28 |
| |||
63 | Complete paralysis of lateral popliteal nerve | 25 | 32 |
| |||
64 | Complete paralysis of medial popliteal nerve | 18 | 25 |
| |||
65 | Fracture of middle or lower 1/3 of the femor (the surgery shall be paid at the highest level) |
|
|
| |||
| - Good union | 14 | 21 |
| |||
| - Mal union, varus or valgus, atrophy | 21 | 28 |
| |||
66 | Fracture of the upper 1/3 or femor neck (the surgery shall be paid at the highest level) |
|
|
| |||
| - Good union, straight axis | 18 | 25 |
| |||
| - Mal union, valgus, pain when walking, atrophy | 25 | 32 |
| |||
67 | Artificial joint of the femur neck | 32 | 39 |
| |||
68 | Fracture of the fibula and tibia | 14 | 21 |
| |||
69 | Fracture of the tibia | 11 | 15 |
| |||
70 | Fracture of the tibial plateau | 11 | 18 |
| |||
71 | Fracture of the fibula | 7 | 14 |
| |||
72 | Patellar tendon rupture | 11 | 18 |
| |||
73 | Fracture of the patella (the surgery shall be paid) | 7 | 14 |
| |||
74 | Fracture of the patella, knee stiffness, or quadriceps atrophy | 18 | 21 |
| |||
75 | Achilles tendon rupture (stitched) | 11 | 14 |
| |||
76 | Fracture of metacarpals (1 or many metacarpals) | 5 | 8 |
| |||
77 | Fracture of the calcaneus | 11 | 18 |
| |||
78 | Fracture of the navicular | 11 | 15 |
| |||
79 | Fracture of toe bones (1 or many joints) | 3 | 8 |
| |||
80 | Fracture of pubis | 18 | 22 |
| |||
81 | Fracture of the ischium | 18 | 21 |
| |||
82 | Fracture of 1 ilium | 14 | 21 |
| |||
83 | Fracture of 2 ilium, pelvic deformity (depending on the effect on reproduction) | 28 | 42 |
| |||
84 | Fracture of the sacrum: no sphincter disorder | 7 | 11 |
| |||
| - Sphincter disorder. | 18 | 25 |
| |||
| C. SPINE |
|
|
| |||
85 | Removal of the posterior arch: - Of 1 vertebra | 25 | 28 |
| |||
| - Of 2 vertebrae or more | 32 | 42 |
| |||
86 | 1 flattened vertebra (no paralysis of the spinal cord) | 21 | 28 |
| |||
87 | 2 flattened vertebrae or more (no paralysis of the spinal cord) | 32 | 42 |
| |||
88 | Fracture of the spinous process or transverse process |
|
|
| |||
| - of 1 vertebra | 7 | 12 |
| |||
| - of 2 – 3 vertebrae | 18 | 32 |
| |||
| D. SKULL AND BRAIN |
|
|
| |||
89 | Skull defect (no sign of psychiatric disorder) |
|
|
| |||
| - Diameter < 6 cm | 18 | 28 |
| |||
| - Diameter of 6 - 10 cm | 28 | 42 |
| |||
| - Diameter > 10 cm | 35 | 49 |
| |||
90 | Language disorder due to brain injuries |
|
|
| |||
| - Idioglossia or spasmophemia that affect communication | 21 | 28 |
| |||
| - Mutism due to injury to the Broca’s area | 42 | 49 |
| |||
| - Loss of ability to use written language (asphasia due to injury to the Wernicke’s area) | 39 | 49 |
| |||
91 | Total scalping | 32 | 39 |
| |||
92 | Open head injuries: |
|
|
| |||
| - Fracture of bones | 28 | 35 |
| |||
| - Depressed skull fracture | 21 | 28 |
| |||
| - Multiple bone fractures go into the brain | 35 | 42 |
| |||
93 | Closed head injury |
|
|
| |||
| - Fracture of calvaria (usual crack or depressed fracture) | 14 | 21 |
| |||
| - Bone fracture that spreads to the base of skull, no paralysis of nerve | 21 | 28 |
| |||
| - Bone fracture that spreads to the base of skull with paralysis of nerve | 28 | 35 |
| |||
94 | Brain injury |
|
|
| |||
| - Cerebral concussion | 6 | 11 |
| |||
| - Cerebral edema | 28 | 35 |
| |||
| - Cerebral contusion, | 35 | 42 |
| |||
| - Subarachnoid hemorrhage | 28 | 35 |
| |||
| - Intracranial haematoma (epidural, subdural, intracerebral) | 21 | 28 |
| |||
| E. CHEST |
|
|
| |||
95 | Removal of 1 – 2 ribs | 11 | 14 |
| |||
96 | Removal of 3 ribs or more | 18 | 25 |
| |||
97 | Removal of 1 – 2 ribs | 6 | 7 |
| |||
98 | Fracture of 1 – 2 ribs | 5 | 8 |
| |||
99 | Fracture of 3 ribs or more | 11 | 18 |
| |||
100 | Mere fracture of the sternum (cardiovascular and refractory functions are normal) | 11 | 14 |
| |||
101 | Fissure of the sternum | 7 | 11 |
| |||
102 | Complete removal of a lung | 49 | 56 |
| |||
103 | Removal of multiple lobes of 2 lungs, DTS is reduced by over 50% | 46 | 53 |
| |||
104 | Removal of multiple lobes of a lung | 35 | 42 |
| |||
105 | Removal of a lung lobe | 25 | 32 |
| |||
106 | Pleural effusion, pneumothorax, hemothorax (paracentesis only) | 3 | 7 |
| |||
107 | Pneumothorax, hemothorax (drainage) | 14 | 21 |
| |||
108 | Injuries to heart valves and heart cavity (no heart failure) | 35 | 42 |
| |||
109 | Pericardial sewing: |
|
|
| |||
| - Bad surgery result | 42 | 49 |
| |||
| - Good surgery result | 25 | 32 |
| |||
| G. ABDOMEN |
|
|
| |||
110 | Complete removal of the stomach | 53 | 60 |
| |||
111 | Segmental resection of the stomach | 35 | 42 |
| |||
112 | Removal of most of the small intestine (less than 1 m remaining) | 53 | 60 |
| |||
113 | Segmental resection of the small intestine | 28 | 35 |
| |||
114 | Complete removal of the large intestine | 53 | 60 |
| |||
115 | Segmental resection of the large intestine | 35 | 42 |
| |||
116 | Mere removal of the right liver | 49 | 56 | ||||
117 | Mere removal of the left liver | 42 | 49 | ||||
118 | Removal of liver lobes, depending on the position, number, and surgery results | 28 | 42 | ||||
119 | Removal of the gall bladder | 32 | 39 | ||||
120 | Removal of the spleen | 28 | 35 | ||||
121 | Removal of the tail of pancreas or spleen | 42 | 49 | ||||
122 | Gastric perforation sewing | 18 | 25 | ||||
123 | Small intestine perforation sewing (1 or multiple perforations) | 21 | 32 | ||||
124 | Large intestine perforation sewing | 21 | 28 | ||||
125 | Liver contusion, liver sewing | 25 | 32 | ||||
126 | Spleen capsule sewing | 18 | 25 | ||||
127 | Pancreas sewing | 21 | 25 | ||||
| H. UNIRARY AND REPRODUCTIVE ORGANS |
|
| ||||
128 | Removal of 1 kidney, the remaining kidney is functional | 35 | 42 | ||||
129 | Removal of 1 kidney, the remaining kidney is damaged or sick | 49 | 56 | ||||
130 | Segmental resection of the left or right kidney | 21 | 28 | ||||
131 | Kidney injury (depending on the seriousness and the number of kidneys injured) |
|
| ||||
| - Slight (not special treatment is required, shorter than 5 days of monitoring) | 3 | 6 | ||||
| - Medium (special medication is required, longer than 5 days of monitoring) | 7 | 11 | ||||
| - Serious (contusion, surgical intervention is required) | 33 | 39 | ||||
132 | Segmental resection of the bladder | 19 | 25 | ||||
133 | Permanent bladder stoma surgery | 49 | 56 | ||||
134 | Bladder perforation sewing | 21 | 25 | ||||
135 | Loss of the penis and 2 testicles of: |
|
| ||||
| - A man under 55 years of age without children | 49 | 56 | ||||
| - A man under 55 years of age with children | 39 | 46 | ||||
| - A man over 55 years of age with children | 25 | 28 | ||||
136 | Removal of the womb and one ovary of |
|
| ||||
| - A woman under 45 years of age without children | 42 | 49 | ||||
| - A women under 45 years of age with children | 21 | 28 | ||||
| - A women over 45 years of age | 18 | 21 | ||||
137 | Removal of 1 breast of a women under 45 years of age | 14 | 21 | ||||
| Removal of 2 breasts of a woman under 45 years of age. | 32 | 39 | ||||
| Removal of 1 breast of a women over 45 years of age | 11 | 14 | ||||
| Removal of 2 breasts of a woman over 45 years of age. | 21 | 28 | ||||
| I. EYES |
|
| ||||
138 | Loss or total blindness of 1 eye |
|
| ||||
| - The implantation of an artificial eye is not possible | 39 | 46 | ||||
| - The implantation of an artificial eye is possible | 35 | 42 | ||||
139 | The vision of one eye is 1/10 | 21 | 32 | ||||
140 | The vision of one eye is 2/10 – 4/10 | 8 | 14 | ||||
141 | The vision of one eye is 5/10 – 7/10 | 5 | 11 | ||||
142 | Loss or total blindness of 1 eye, but one eye is already lost or blind before the accident | 56 | 63 | ||||
| K. EAR – NOSE - THROAT |
|
| ||||
143 | Deafness of 2 ears: |
|
| ||||
| - Unrecoverable | 53 | 60 | ||||
| - Serious (able to hear when being screamed at) | 42 | 49 | ||||
| - Medium (able to hear loud voices at 1 – 2 m) | 25 | 32 | ||||
| - Slight (able to hear loud voices at 2 – 4 m) | 11 | 18 | ||||
144 | Deafness of 1 ear: unrecoverable | 21 | 28 | ||||
| Medium | 11 | 14 | ||||
| Slight | 6 | 11 | ||||
145 | Loss of both pinnae | 14 | 28 | ||||
146 | Loss of 1 pinna | 7 | 18 | ||||
147 | Shriveled pinnae, ear canal stenosis | 14 | 18 | ||||
148 | Loss of nose, nose deformity | 13 | 28 | ||||
149 | Esophageal stricture causing swallowing difficulties | 14 | 28 | ||||
| L. TEETH - MOUTH - FACE |
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150 | Lost of part of the upper jawbone and part of the lower jawbone from the ramus and under: |
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| - At different sides | 56 | 63 | ||||
| - at the same side | 49 | 56 | ||||
151 | Total loss of the upper jawbone or lower jawbone | 49 | 56 | ||||
152 | Loss of part of the upper jawbone or part of the lower jawbone (1/3 – 1/2 of the jawbone is lost) from the ramus and under | 25 | 32 | ||||
153 | Fracture of the upper jawbone and the lower jawbone, mal union, dislocation of temporomandibular joint which cause swallowing and chewing difficulties | 21 | 25 | ||||
154 | Fracture of the zygomatic bone, which causes slight the temporomandibular joint disorder and chewing difficulties | 11 | 18 | ||||
155 | Artificial temporomandibular joint due to nonunion or bone defects | 14 | 18 | ||||
156 | Loss of teeth: more than 08 teeth, implantation of false teeth is not possible | 21 | 28 | ||||
| 5 – 7 teeth | 11 | 18 | ||||
| 3 – 4 teeth | 6 | 8 | ||||
| 1 – 2 teeth | 2 | 4 | ||||
157 | Loss of 3/4 of the tongue without losing the root (from the V line outwards) | 53 | 60 | ||||
158 | Loss of 2/3 of the tongue from the tip | 35 | 42 | ||||
159 | Loss of 1/3 of the tongue that causes pronunciation difficulties | 11 | 18 | ||||
160 | Loss of less than 1/3 of the tongue that causes pronunciation difficulties | 7 | 11 | ||||
| M. SOFT TISSUE INJURIES, BURNS |
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161 | Soft tissue injuries include | 1 | 8 | ||||
162 | Soft tissue injuries that cause pain, numbness, convulsive movements (depending on the extent and seriousness), affect tendons, muscles, major blood vessels, and nerves. | 8 | 18 | ||||
163 | Chest and abdominal soft tissue injuries that affect respiration | 25 | 32 | ||||
164 | Soft tissue injuries that leave sclerosis and cause difficulties in eating, chewing, and neck movement | 28 | 42 | ||||
165 | Soft tissue injuries that cause large openings around the mouth cavity, lip and cheek injuries that seriously affect eating and drinking | 35 | 42 | ||||
166 | Loss of part of the palate that connect the nose and the mouth | 14 | 21 | ||||
167 | Superficial burn (first-degree, second-degree) |
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| - Less than 5% of skin area | 2 | 5 | ||||
| - 5-15% of skin area | 7 | 11 | ||||
| - More than 15% of skin area | 11 | 18 | ||||
168 | Deep burn (third-degree, fourth-degree, fifth-degree) |
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| - Less than 5% of skin area | 14 | 25 | ||||
| - 5-15% of skin area | 25 | 42 | ||||
| - More than 15% of skin area | 42 | 56 | ||||
Special cases:
1. When the joints of a finger or toe are stiff (except for the thumb, index finger, and big toe), the indemnity is 50% of that for the amputation of that finger.
2. The total loss of the function o
3. A victim who had only one healthy eye before the accident, and loses it in the accident is considered losing both eyes.
4. If a victim suffers from multiple injuries in an accident, the indemnity shall be the aggregated amount of indemnities for each injury. The total indemnity shall not exceed the maximum liability.
5. When an injury is not specified in the Table of indemnities against bodily suffering, it shall be indemnified based on the comparison of its seriousness with other cases in the list or based on the conclusion of the Medical Assessment Council.
6. When a person is dead and his or her body is not found or there is no legal inheritor, the coverage shall be given according to the actual cost of the funeral and the search for his or her body. The total coverage shall not exceed the indemnities against bodily suffering specified in Appendix 2 to this Circular.
APPENDIX 6
REPORT ON INSURANCE FOR CIVIL LIABILITY OF MOTOR VEHICLE ONWERS
(to the Circular No. 151/2012/TT-BTC dated September 12th 2012 of the Ministry of Finance)
- Name of insurer: ………………………………………………………………
- Report of ….. /………….. From ……………….. to ……………………
Type of vehicle | Quantity (vehicles) | Insurance premium (million VND) | Number of accidents | Fatalities (people) | Insurance coverage (million VND) | ||||||||||||||
For humans | For property | ||||||||||||||||||
| At the beginning | Arising | At the end | At the beginning | Arising | At the end | At the beginning | Arising | At the end | At the beginning | Arising | At the end | At the beginning | Arising | At the end | At the beginning | Arising | At the end | |
I | 2-wheel motorbikes |
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II | 3-wheel motorbikes, mopeds, and similar motor vehicles |
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III | Vehicles not being used for transport services (specify the type of vehicles according to the premium list) |
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IV | Vehicles used for transport services (specify the type of vehicles according to the premium list) |
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V | Cargo trucks (specify the type of vehicles according to the premium list) |
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| TOTAL |
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We hereby declare that the information provided above is truthful.
| [Location and date] |
