Motorcycle and car insurance is sold by people on the sidewalk. Illustration photo: Trung Nguyen/Tin Tuc Newspaper.
Accordingly, the Ministry of Transport said that the Ministry has received a petition from voters of Ho Chi Minh City transferred by the National Assembly's Petition Committee, the content of the petition is as follows:
"According to Point a, Clause 2, Article 21 of Decree No. 100/2019/ND-CP regulating administrative sanctions for violations in the field of road and railway traffic, the penalty for violations in the field of traffic is VND 150,000 for motorbikes and motorbikes that do not purchase voluntary insurance when violating traffic laws.
However, when people buy insurance for motorbikes and get into an accident, the unit (company) selling motorbike insurance is not responsible for resolving the rights of the people and avoids the responsibility of compensating the people when an accident occurs.
Therefore, it is recommended that the Ministry of Transport consider removing the regulation on penalties for traffic participants who must purchase voluntary insurance for motorbikes and scooters because if they do not purchase, they will be fined by the Traffic Police. If they purchase insurance and a risk occurs, the person with the right will not be properly compensated, and the unit (company) selling motorbike and scooter insurance will take advantage of the incident for personal gain.
Responding to this proposal, the Ministry of Transport said: Clause 2, Clause 3, Article 8 of the Law on Insurance Business 2022 stipulates as follows: "Article 8. Compulsory insurance is an insurance product aimed at protecting public interests, the environment and social security. Compulsory insurance includes: Compulsory civil liability insurance of motor vehicle owners; Compulsory fire and explosion insurance; Compulsory insurance in construction investment activities; Compulsory insurance prescribed in other laws that meet the provisions of Clause 1 of this Article. Organizations and individuals subject to compulsory insurance are obliged to purchase compulsory insurance and are allowed to choose to participate in compulsory insurance at insurance enterprises and branches of foreign non-life insurance enterprises permitted to implement...".
Based on the provisions of the law on insurance business, Clause 2, Article 58 of the Road Traffic Law stipulates: "Drivers must carry a certificate of civil liability insurance of the motor vehicle owner when operating a vehicle" and Point a, Clause 2, Article 21 of Decree No. 100/2019/ND-CP regulating administrative sanctions in the field of road and railway traffic stipulates: "Drivers of motorbikes, mopeds, motorbike-like vehicles and motorbike-like vehicles who do not have or do not carry a valid certificate of civil liability insurance of the motor vehicle owner will be fined from VND 100,000 to VND 200,000".
Thus, for this proposal, it is necessary to study and amend the Law on Insurance Business drafted by the Ministry of Finance . Therefore, in the coming time, the Ministry of Transport will closely coordinate with the Ministry of Finance and relevant ministries and branches to study and complete legal regulations on insurance for road motor vehicle owners to suit the reality, ensuring the rights of vehicle owners and road traffic participants.
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