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MARITIME · INSURANCE · INVESTMENT LAW IN VIETNAM

MARITIME • INSURANCE • INVESTMENT

Insurance Law · 15.11.2024

Insurance Law Lawyer in Vietnam

An insurance law lawyer in Vietnam works to one statute above all others: the Law on Insurance Business 2022. It sets who may sell cover, what an insurer must explain before it can rely on an exclusion, how indemnity is calculated, and where a dispute goes. This page maps that fr…

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An insurance law lawyer in Vietnam works to one statute above all others: the Law on Insurance Business 2022. It sets who may sell cover, what an insurer must explain before it can rely on an exclusion, how indemnity is calculated, and where a dispute goes. This page maps that framework and links to the parts of our practice that apply it.

   

Insurance Law Lawyer in Vietnam: Unilaw

An insurance law lawyer plays a pivotal role in safeguarding the interests of clients, ensuring compliance, and helping navigate complex insurance laws, which have been updated in recent years to reflect global standards and local economic dynamics. Unilaw, a premier law firm in Vietnam, provides highly specialized services in this field, primarily for domestic and international clients involved in investment, maritime, and insurance sectors.

Key roles of an insurance law lawyer in Vietnam

An insurance law lawyer in Vietnam guides clients through the regulatory landscape. In Vietnam, the updated Law on Insurance Business (2022) and other regulations require comprehensive legal expertise, especially for companies in need of thorough understanding and compliance with these laws.

Compliance and Risk Management

One primary role of an insurance law lawyer is to ensure client compliance with Vietnamese insurance laws. This involves advising on required policies, implementing internal controls for insurance compliance, and managing risk exposures. According to the 2023 decrees on compulsory civil liability insurance, companies must adhere to strict policies that protect third parties affected by their activities. Unilaw’s expertise ensures clients fully meet these compliance standards while minimizing legal risks.

Claims and Dispute Resolution

In situations where disputes arise, an insurance law lawyer becomes essential in managing claims and representing clients in court if necessary. Unilaw has a strong track record in dispute resolution, handling cases with precision and deep knowledge of the insurance law landscape. Disputes often involve understanding specific clauses in insurance contracts, liability issues, or claim denials.

Unilaw: Expertise in Insurance Law

Unilaw is recognized for its expertise in Vietnam’s insurance law field. Their lawyers are well-versed in both national and international insurance standards. Unilaw’s focus on key industries, including maritime and investment, allows them to provide clients with targeted legal strategies that address unique industry risks and regulatory requirements.

Comprehensive Legal Support

Unilaw’s insurance law lawyers support clients throughout the insurance lifecycle, from policy creation and contract drafting to claim management and dispute resolution. This level of service is essential for businesses seeking not only compliance but also proactive risk management in line with Vietnamese legal frameworks.

Insurance Certificates and Licensing

In Vietnam, holding proper insurance certifications is crucial for any enterprise offering insurance services. Unilaw assists clients in obtaining the necessary certificates, aligning with the recent amendments to insurance agent certifications. Unilaw ensures compliance and advises on legal obligations and the training of insurance professionals.

The landscape an insurance law lawyer in Vietnam navigates

The insurance industry in Vietnam is regulated by several comprehensive laws, including the Law on Insurance Business (2022) and various decrees like 67/2023 on compulsory insurance. These regulations cover key aspects of insurance operations, including the issuance of policies, liability coverage, and specific conditions for different types of insurance.

Compulsory Insurance Requirements

Vietnam mandates several compulsory insurance policies for businesses, especially in sectors involving public safety and construction. The 2023 decrees, such as Decree 67, outline minimum liability coverage for vehicles and industrial safety insurance requirements. An insurance law lawyer advises companies on meeting these compulsory requirements effectively.

Types of Insurance Covered

Vietnamese law categorizes insurance broadly into life insurance, non-life insurance, and health insurance. Non-life insurance, in particular, includes property and casualty insurance, which are essential for sectors like maritime, where Unilaw has extensive expertise. Furthermore, micro-insurance products are designed to support low-income groups, providing an additional layer of social security as per recent regulations on micro-insurance.

Why Choose Unilaw for Insurance Law in Vietnam?

With extensive experience and a deep understanding of both Vietnamese and international law, Unilaw’s team is highly equipped to handle complex insurance cases. Their proficiency in insurance law covers the full spectrum of advisory, transactional, and litigation services, making them the go-to firm for businesses in need of reliable legal support.

Client-Focused Solutions

Unilaw’s approach is tailored to each client, ensuring that legal solutions align with business objectives. The firm prioritizes ethical standards and transparency, focusing on building long-term relationships with clients based on trust and professional integrity.

Global and Local Expertise

Unilaw’s team possesses an in-depth understanding of both local Vietnamese regulations and international insurance standards, facilitating smooth cross-border insurance transactions. They work with a diverse client base, including multinational corporations, providing solutions that are effective across jurisdictions.

Working with an insurance law lawyer in Vietnam

For companies in Vietnam, securing an experienced insurance law lawyer is essential to navigate the legal complexities of the industry. Unilaw, with its specialized focus and reputable expertise, stands as a trusted partner in Vietnam for all insurance law needs. Whether handling claims, ensuring compliance, or advising on policy creation, Unilaw offers comprehensive legal services to safeguard client interests in the evolving insurance landscape.  

Insurers have their own lawyers from day one; the insured usually does not — see Unilaw’s insurance practice, or call +84 912266811 for a first assessment and a fee quote before any work starts.

Related notes are filed under our insurance notes, newest first.

The framework an insurance law lawyer in Vietnam works within

The Law on Insurance Business 2022 governs every policy written here. Article 7 divides the market into three types: life, health, and non-life. Article 8 then carves out compulsory cover, which exists to protect the public interest rather than the buyer.

The statute names three compulsory classes: motor vehicle owners’ civil liability, fire and explosion cover, and cover in construction investment activity. Other statutes may add to the list. Article 8(4) carries a point buyers rarely know: a licensed insurer may not refuse to sell compulsory cover to anyone who meets the conditions.

Article 9 lists the prohibited acts, and it cuts both ways. Colluding with a beneficiary to pay out unlawfully is fraud. So is forging documents to inflate a claim. So, equally, is forging documents or distorting information in order to refuse a claim once the insured event has happened.

Forming the contract

Article 18 requires the contract in writing. The evidence of it may be the contract itself, an insurance certificate, a policy, or another form the law permits. That matters in practice, because buyers often hold only a certificate and assume they have nothing.

Disclosure runs both ways under Article 22. The buyer must give full and honest information about the subject matter. The insurer must give complete and accurate information about the policy and explain its conditions. Where the policy carries exclusions, Article 19(2) requires the insurer to state them in the contract, explain them fully, and keep evidence that the buyer understood.

How much the insurer actually pays

The parties agree the sum insured, under Article 45. What the insurer actually pays is a different question, and four rules decide it.

  • Over-insurance (Article 47): neither side may deliberately insure above market value. Where the buyer did so carelessly, the insurer pays only the market value at the time of loss and refunds the excess premium.
  • Under-insurance (Article 48): the insurer pays in proportion to the ratio between the sum insured and market value. Insure a VND 10 billion warehouse for VND 5 billion and you recover half of any partial loss.
  • Double insurance (Article 49): where two or more policies cover the same risk and together exceed value, each pays its proportionate share, and the total may not exceed the actual loss.
  • Basis of indemnity (Article 51): market value at the time and place of the loss, capped at the sum insured unless agreed otherwise. The insurer also pays the cost of establishing that value.

Article 51(3) is worth claiming and often forgotten. Beyond the loss itself, the insurer must reimburse reasonable costs incurred to prevent or limit damage, and costs the insured ran up following the insurer’s own instructions.

Article 52 allows indemnity by repair, by replacement, or in money. Where the parties cannot agree, the insurer pays money. An insurer that replaces the item or pays its full market value may take the damaged property.

Survey, termination and disputes

Under Article 53 the insurer arranges the loss survey and pays for it. Disagree with the cause or the extent of loss and the parties may appoint an independent surveyor. Cannot agree on one? Either side may ask the competent court or the arbitral tribunal to appoint one, and that surveyor’s conclusion binds both parties.

Article 26 sets out when a policy may be terminated early: unpaid or underpaid premium, refusal to accept a change in the level of risk, failure to take required safety measures, or refusal to accept a portfolio transfer. Article 27 then protects accrued claims. Where termination follows non-payment, the insurer still indemnifies losses that occurred before the termination date, deducting premium owed.

Article 32 sets the dispute route: negotiation first, then mediation, arbitration or the courts, according to the policy. Choose that clause deliberately when the contract is signed, not after a loss.

The judgments behind this guidance sit in our case database.

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