Do inmates serving death sentence receive insurance money in Vietnam?
In Vietnam, can inmates serving death sentence receive insurance money? Is it permissible to assign the insurance contract in Vietnam? Currently, I'm working in insurance business. I have a client, who is serving death sentence for selling drugs. Can my client receive insurance money?
<subquestion>In Vietnam, can inmates serving death sentence receive insurance money?</subquestion>
Pursuant to Article 39 of the Law on Insurance Business in 2000 stipulating cases of non-payment of insurance money as follows:
1. Insurance enterprises shall not have to pay the insurance money in the following cases:
a) The insured dies of suicide within two years counting from the date the first sum of insurance premium is paid or from the date the insurance contract continues to be effective;
b) The insured dies or suffers from infirmity due to the intentional fault of the insurance buyer or the intentional fault of the beneficiary;
c) The insured dies due to the execution of death sentence.
2. Where one or several beneficiaries intentionally cause death or infirmity to the insured, the insurance enterprise shall still have to pay the insurance money to other beneficiaries as agreed upon in the insurance contract.
3. For cases prescribed in Clause 1 of this Article, the insurance enterprises shall have to return to the insurance buyers the value of the insurance contracts or the entire paid premium amounts after subtracting the relevant reasonable expenses; if the insurance buyers die, the returned amount shall be handled according to the legislation on inheritance.
As regulations above, inmates serving death sentence are classified as a case of non-payment of insurance money. Therefore, insurance enterprises shall not have to pay the insurance money to him/her.
<subquestion>Is it permissible to assign the insurance contract in Vietnam?</subquestion>
Pursuant to Article 26 of the same Law stipulating as follows:
1. The insurance buyer may assign the insurance contract as agreed upon in the insurance contract.
2. The assignment of an insurance contract shall be valid only when the insurance buyer notify the assignment in writing to the insurance enterprise and the insurance enterprise accepts such assignment in writing, except where the assignment is effected according to international practices.
As above regulations, insurance contracts are permissible to be assigned based on agreements in the contracts
