WHO IS REQUIRED TO PURCHASE COMPULSORY APARTMENT FIRE INSURANCE ACCORDING TO THE 2023 HOUSING LAW?
Mandatory fire and explosion insurance for apartment buildings is intended to ensure the safety of residents’ property and lives while minimizing losses in case of fire or explosion incidents.
I. Entities Required to Purchase Fire and Explosion Insurance for Apartment Buildings
According to current regulations in Vietnam, the following entities are required to purchase fire and explosion insurance for apartment buildings:
- Project Developers: In cases where the apartment building project remains under the ownership of the developer.
- Apartment Owners: When the apartment has been handed over to the owner, they are responsible for purchasing insurance for their private property and contributing to the building’s general insurance fund.
Thus, individuals who own apartment units or developers of apartment projects must purchase fire and explosion insurance for the area under their ownership and are also responsible for contributing to the mandatory fire and explosion insurance for shared areas.
II. Scope of Insurance and Exclusions from Mandatory Fire and Explosion Insurance
(1) Scope of Insurance: The insurance company is responsible for compensating for damages to insured subjects as specified in Clause 1, Article 23 of Decree 67/2023/ND-CP arising from fire and explosion risks, except for cases outlined in (2) and (3) below.
(2) Exclusions of Liability for Fire and Explosion Risks at High-Risk Facilities (excluding nuclear facilities). The insurance company is not liable for compensation in the following cases:
- Earthquakes, volcanic eruptions, or other natural disasters.
- Damage caused by political, security, or public safety incidents.
- Property burned or exploded under a decision by a competent state authority.
- Property that self-ferments or generates heat; property affected by a heat-based treatment process.
- Lightning directly strikes insured property without causing fire or explosion.
- Nuclear weapon materials causing fire or explosion.
- Machinery, electrical equipment, or parts thereof damaged by overload, overpressure, short circuits, self-heating, electrical arcs, or electric leaks, regardless of cause, including lightning.
- Damage caused intentionally by the insured; deliberate violations of fire safety regulations that directly cause fire or explosion.
- Damage to data, software, or computer programs.
- Damage caused by forest, bush, or grass burning, or intentional fires for clearing fields or land.
(3) Exclusions of Liability for Nuclear Facilities: The insurance company and the policyholder shall agree on the exclusions of liability for nuclear facilities, subject to the approval of the reinsurance company.
III. Penalties for Non-Compliance with Mandatory Fire and Explosion Insurance
Under the regulations, failure to purchase mandatory fire and explosion insurance for facilities required to do so will result in administrative penalties, as follows:
- For individuals: A fine ranging from VND 30 million to VND 40 million.
- For organizations: A fine ranging from VND 60 million to VND 80 million.
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■ Hankuk Law Firm – Introduction
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