SCHOOL OF ECONOMICS AND INTERNATIONAL BUSINESS RISK MANAGEMENT AND INSURANCE REPORT OVERVIEW OF LIFE INSURANCE AND RECOMMENDATIONS FOR LIFE INSURANCE ACTIVITIES CASE OF LIFE INSURANCE CONTRACT DIS.INTRODUCTION 1 1. Definition 1 2. Characteristics 1 3. Classification 1 4. Overview 2 5. Some current lawsuit on Life Insurance Dispute in Vietnam 2 CHAPTER 1: OVERVIEW OF BAO VIET INSURANCE 3 1. Overview of Bao Viet Holdings 3 2. Some outstanding lawsuits of Bao Viet 3 3. Bao Viet Life 4 4. Shortterm and longterm goals 5 5. Achievements of Bao Viet Life 5 CHAPTER 2: ANALYSIS OF THE INSURANCE CONTRACT DISPUTE NO. 192020DSPT (2) 6 1. Subjects of the case 6 2. Key point issues 7 3. Legal basis 8 CHAPTER 3: LESSONS AND RECOMMENDATIONS FOR THE INSURERS AND THE INSURED 16 1. Lessons 16 2. Recommendations 18 REFERENCES 20
FOREIGN TRADE UNIVERSITY SCHOOL OF ECONOMICS AND INTERNATIONAL BUSINESS - - RISK MANAGEMENT AND INSURANCE REPORT OVERVIEW OF LIFE INSURANCE AND RECOMMENDATIONS FOR LIFE INSURANCE ACTIVITIES: CASE OF LIFE INSURANCE CONTRACT DISPUTE NO.19/2020/DS-PT Instructor: PhD Hoang Thi Doan Trang Class: TMAE308(GD1-HK1-2223).1 Group: Ha Noi, September 2022 FOREIGN TRADE UNIVERSITY SCHOOL OF ECONOMICS AND INTERNATIONAL BUSINESS - - RISK MANAGEMENT AND INSURANCE REPORT OVERVIEW OF LIFE INSURANCE AND RECOMMENDATIONS FOR LIFE INSURANCE ACTIVITIES: CASE OF LIFE INSURANCE CONTRACT DISPUTE NO.19/2020/DS-PT GROUP: – CLASS: TMAE308(GD1-HK1-2223).1 Ha Noi, September 2022 Risk Management and Insurance – Midterm Report – Group 10 TABLE OF CONTENTS INTRODUCTION 1 Definition Characteristics Classification Overview Some current lawsuit on Life Insurance Dispute in Vietnam CHAPTER 1: OVERVIEW OF BAO VIET INSURANCE Overview of Bao Viet Holdings Some outstanding lawsuits of Bao Viet .3 Bao Viet Life 4 Short-term and long-term goals 5 Achievements of Bao Viet Life CHAPTER 2: ANALYSIS OF THE INSURANCE CONTRACT DISPUTE NO 19/2020/DS-PT (2) Subjects of the case Key point issues Legal basis CHAPTER 3: LESSONS AND RECOMMENDATIONS FOR THE INSURERS AND THE INSURED .16 Lessons .16 Recommendations 18 REFERENCES 20 Risk Management and Insurance– Midterm Report – Group INTRODUCTION Definition Life insurance is an insurance product that provides financial protection when the insured encounters risks related to health, body and life (2020) It is a contract between a person and an insurance business, in which the insurance company guarantees financial security to the policyholder in return for regular payments (known as premiums) In order to preserve the contract's legality and guarantee the participant's insurance benefits, the participant must pay a one-time or recurring premium (monthly, quarterly, or yearly) after signing the contract The insurance provider will process the benefits and fulfil its commitment to the beneficiary by paying the insured amount upon the occurrence of an insured event or the contract's expiration Characteristics Life insurance is a type of insurance that covers the life or death of the insured Consequently, life insurance contains the following fundamental qualities (Vietnam Legal System - Editorial Board, 2020): First, it is impossible to predict life expectancy, human life, or health Second, there is a partial risk component to the insured occurrence An objective occurrence is considered to be insurable if the parties have agreed to it or if it is required by law, in which case the insurer is required to reimburse the insured or pay the beneficiaries of the insurance premiums Third, only life insurance companies are offered The most fundamental characteristic that distinguishes life insurance from other types of insurance is that it is personal insurance For instance, you have to pay a premium to participate in insurance if you have life and health insurance If you experience an accident within the insurance period, like an accident, the insurance party will pay the costs associated with taking this risk Fourth, this form of long-term contract is frequently affordable Classification There are numerous types of life insurance nowadays over the world and in Vietnam According to Insurance Business Law (2022), basic ones can be named as: - Term life insurance: for the death of the insured within a certain period Whole life insurance: covers the death of the insured at any time during his or her life Annuity Insurance: an insurance business in case the insured lives up to a certain term After that time limit, the insurance enterprise must make periodic insurance payments to the beneficiaries as agreed in the insurance contract This type is also Risk Management and Insurance– Midterm Report – Group - - regarded as the most common in the Vietnamese market and is the kind of insurance in our researched case Mixed insurance: combines term life insurance and term insurance Investment-linked insurance: does not divide profits, premiums and insurance benefits into two parts, namely the insurance part and the investment part Retirement insurance: in case the insured reaches the specified age Overview After more than 20 years of establishment and development, the life insurance market in Vietnam now has 18 businesses, providing more than 500 life insurance products, with more than 11.6 million effective insurance policies resources, creating jobs for nearly 900,000 agents, the amount of insurance paid in 2020 is more than 25,000 billion VND (Nguyen, 2021) Life insurance is becoming more and more familiar to a large part of people Vietnam's insurance market is regarded as promising, owing to low penetration rates and average prices In addition, the number of life insurance policyholders is only about 10 million, equivalent to about 10% of the population The Ministry of Finance anticipates that this ratio will rise to 15% by 2025 (Nguyen, 2021) Although there have been long development steps, it can be seen that the Vietnamese life insurance market is also facing a number of challenges for its sustainable development (VietnamCredit Editorial Board, 2022) Among them, it can be mentioned that the legal environment regulating insurance business has not kept pace with the development of the industry, leading to many lawsuits, indirectly affecting the growth rate of the market According to some authorities, the provisions of the Law on Insurance Business are still insufficient, posing hazards to insurance participants and insurance enterprises In the insurance relationship, the buyer is at an inferior position (Hồ, 2022) If a contract has varied terms, it must be interpreted in accordance with the rules on contract interpretation such that the insurance buyer is benefited However, the contract is always lengthy, sometimes confusing, and behind that is a group of skilled consultants that operate under the mindset that maximising sales is more important than focusing on the interests of the client The back appendix contains terms regarding exclusion of liability of insurance businesses, many of which are difficult to understand Buyers frequently struggle to fully comprehend it as a result The insurance contract is a sample agreement that the customer cannot alter; only the duration and the amount of insurance are modifiable In addition, with high litigation costs and complicated processes, buyers often avoid litigation when disputes occur and insurance sellers often benefit from such disputes Some current lawsuit on Life Insurance Dispute in Vietnam Risk Management and Insurance– Midterm Report – Group Most common subjects of Life Insurance disputes are about the coverage of life Risk Management and Insurance– Midterm Report – Group insurance and the validity of the contract Contributing factors are often the lack or falseness in health information reports as the person directly filling out the information in the policy is not the insured one but the insurance salesperson The cases listed above are sharing the same issue as mentioned: - Nam Dinh Province Judgement 01/2021/DS-PT date 12/01/2021 on insurance contract disputes The Defendiff: AIA Life Insurance Company Limited (Vietnam) (2022) - Binh Thuan Province Judgement 240/2021/DS-PT date 16/03/2021 on insurance contract disputes The Defendiff: AIA Life Insurance Company Limited (Vietnam) (2022) - Quang Tri Province Judgement 19/2020/DS-PT date 12/11/2020 on insurance contract disputes The Defendiff: Bao Viet Insurance Company (2022) CHAPTER 1: OVERVIEW OF BAO VIET INSURANCE Overview of Bao Viet Holdings Bao Viet (also Bao Viet Holdings) is the largest Vietnamese insurance firm and Vietnam's seventh largest listed corporation by market value Bao Viet has expanded into stock market trading, fund management, and real estate in addition to numerous insurance products The Vietnamese government formed Bao Viet on December 17, 1964, and it began operations on January 15, 1965 Bao Viet is a state-owned corporation with international investment With its national headquarters in Hanoi, Bao Viet has more than 200 branches and member businesses spread over 63 provinces and towns Bao Viet Insurance is the oldest insurance company in Vietnam, having been established and growing for more than 50 years It dominates the market in terms of market share, original premiums, and charter capital Additionally, Bao Viet consistently strives to fulfill the roles and obligations of the insurer in assisting and resolving client claims as well as social security work; guarantee sustainable development; and enhance community quality of life Bao Viet is the parent company, while its 100% owned subsidiaries are: - Bao Viet Insurance Ltd - Bao Viet Life - Bao Viet Fund - Bao Viet Investment Some outstanding lawsuits of Bao Viet 2.1 Carinsurance contract dispute At the Bao Viet Company's Can Tho branch, Mr S purchased an insurance policy Risk Management and Insurance– Midterm Report – Group for Risk Management and Insurance– Midterm Report – Group all of his cars at the end of 2018 with an insured value of 600 million VND The driver of Mr S was involved in an accident in Dong Thap not long after that Following that, Mr S reported the event to Bao Viet and simultaneously requested that a special vehicle tow it to the Toyota Can Tho Service Center Following inspection, Toyota Can Tho estimated that the car had sustained damage worth more than 310 million VND Bao Viet, however, refused to accept this figure and instead only agreed to pay out more than 100 million VND Frustrated, Mr S filed a lawsuit against Bao Viet in Ninh Kieu District's People's Court, seeking damages calculated in accordance with Toyota Can Tho's damage estimate At the end of the trial, the People's Court of Can Tho City announced the decision to uphold the first-instance judgment, forcing the defendant Bao Viet to pay the plaintiff an amount of more than 307 million VND (Nguyễn, 2021) 2.2 Car insurance fraud In this case, only two days after purchasing insurance for a motor vehicle from Bao Viet, the insurance buyer in this instance, Mr Dinh Cong Hien, claimed an accident that happened on July 1, 2012 as a result of crashing into the wall of the operator of Nam Dat Company During the claim settlement process, the insurer noticed signs of profiteering from the untruthful declaration of the customer According to the investigation findings of the inspection agency under the Ministry of Public Security and the Criminal Technical Examination Division, a collision with the operator of Nam Dat Company's front wall, as he claimed, cannot have caused the traces of deformation, etching, and metal scratches on the right side of Mr Dinh Cong Hien's engine cover As a result, Baoviet feels it is not obligated to make amends when clients make dishonest claims The first-instance ruling, however, determined that both Bao Viet and Mr Dinh Cong Hien were at fault Particularly, Mr Dinh Cong Hien's fault is that he can't explain why the marks on the car and the marks on the wall of the Nam Dat company operator are not the same, while Bao Viet was unable to produce evidence to show that the accident scene occurred somewhere else In the conclusion, the trial panel ordered Mr Dinh Cong Hien to forfeit 30% of the damages and Bao Viet to pay 70% of the insurance policy value (Hoàng, 2013) This is a very typical instance of an insurance fraud issue Bao Viet Life Regarding the history backgound, Bao Viet introduced the first life insurance products to the market in August 1996, ushering in a new phase in life insurance growth in Vietnam (Bảo Việt Life Editorial Board) This is when Bao Viet Life was established In 1996, Bao Viet Life became a pioneer in the life insurance industry and is now a member firm of the Bao Viet Group with 100% of its capital under the Ministry of Finance As a pioneer, Bao Viet Life is aware of the demands of the Vietnamese people and is developing a superior solution to safeguard everyone's financial and physical well-being Bao Viet Life uses the Risk Management and Insurance– Midterm Report – Group demands of love, health, and finances as the inspiration for the introduction of world-class products that are in line with Vietnamese culture As of 2019, Bao Viet Life is the sole life insurance provider with a national distribution network that consists of 76 member firms, 323 regional offices, 240,000 investors, consultants, and 2,100 officers With the most reliable network of affiliate companies in the industry, Bao Viet Life has been able to give consumers the greatest guidance and service possible thanks to its reputation for excellence Short-term and long-term goals Expand network, develop multi-channel distribution system Recruiting new consultants with large quantities, strong quality and innovative training programs to meet the needs of bringing insurance products to all customers nationwide Cooperation with leading banks and financial institutions has also continued to be promoted New product development Bao Viet Life will continue to release new products in 2016, including products from the voluntary retirement lines and traditional product categories, to the market based on promoting market research, designing and developing diversified product packages, meeting market needs and customer segments, being highly competitive and in line with strategic directions, and concurrently suiting with those strategic directions of the Government and Ministry of Finance in reforming the social security system Effective investment strategy Bao Viet Life will employ a flexible investment strategy to successfully capitalize on investment possibilities when changes occur in the Vietnamese financial sector by aggressively reinvesting in the economy and entering the government bond market in order to provide the most benefits to consumers Improve the quality of customer service Continue to improve customer service by broadening the sorts of help offered and utilizing information technology to its fullest potential in order to rapidly address clients' consulting needs and boost customer satisfaction Achievements of Bao Viet Life The tremendous accomplishments that Bao Viet Life Corporation has made since its inception and growth are a source of pride for both the country and this particular insurer These accomplishments include: - In 2015, Bao Viet Life was honored to receive the Vietnam Trust & Use Award for its life product An Phat Lifetime Also in this year, Bao Viet Life continued Risk Management and Insurance– Midterm Report – Group insurance exclusions (2) Ms Tran Thi H (Ms C) - insurance consultant voluntarily declared all on the insurance claim form, all "no" answers were marked herself, then asked Ms Nguyen Thi H (Ms D) let Ms A to sign => The writing on the insurance claim form was not Ms A's handwriting (3) The incorrect declaration is not the insurance buyer's fault, but the insurance consultant’s fault who did not advise the insurance buyer and declare the information herself Therefore, Ms C's behavior is a violation of the obligation to provide information for the insurance buyer (4) Depending on the regulations and agreements on insurance exclusions and nonpayment of insurance under Clause 1, Article 39 of the Law on Insurance Business, Ms A's case did not belong to any cases of insurance exclusions and non-payment of insurance premiums To sum up, Ms B filed a lawsuit to force Bao Viet Life Insurance Corporation to compensate Ms Truong Nguyen Tu B an amount of 300,000,000 VND o Defendant's claim: Bao Viet Life Insurance Corporation On October 22, 2018, Bao Viet Life Insurance Corporation received a dossier to request settlement of insurance benefits for the risk of death of Ms A, however Bao Viet refused to compensate for the following reasons: (1) From May 26, 2015, until June 14, 2015, Ms A had undergone treatment for "Breast cancer (P) metastases to liver, spleen, armpit, and lung," before entering in the insurance (2) In the Insurance Claim Form No UVL/2015-0433583 dated December 15, 2015, Ms A answered "no" to the question: “Tumor (benign or malignant) cancer” and the question: “In the past year, have you had any medical examinations and/or tests (3) At the time of participating in insurance, if Ms A fully had declared information about the treatment of her disease, Bao Viet Life Insurance would have refused to accept insurance (4) In actuality, Ms A, the insurance purchaser, personally signed the Insurance Claim Form, meaning that she understood and agreed to be responsible for the accuracy and veracity of all the information included therein (5) Additionally, the insurance buyer did not obtain a second opinion throughout the request, acceptance, entry, and payment of the insurance premiums required under the contract (6) The insurer has the right to unilaterally suspend the insurance contract and collect premiums up until the point at which the insurance contract's performance was 11 Risk Management and Insurance– Midterm Report – Group terminated because the insured violated the requirement to provide information and provided false information in order to enter into an insurance contract and to receive insurance premiums or compensation As a result, Bao Viet Life Insurance canceled the contract, was exempt from liability for the insurance buyer's risks under the terms, and did not conflict with the circumstances in which insurance exclusions are allowed under Article 39 of the Law on Insurance Business Based on the evidence presented above, Bao Viet Life Insurance Corporation handled the case entirely and precisely, ensured conformity with the terms established by the Ministry of Finance and the insurance legislation o Persons with related rights and obligations: Ms Tran Thi H (Ms C), the insurance consultant’s presentation: (1) Ms C personally engaged with Ms A from December 2014 to December 2015 and complied with the consultant's sales process (2) Ms C provided comprehensive guidance on insurance contracts, insurance claims, insurance conditions, and the insurance buyer's rights and duties The insured was aware of the insurance liability and premium exclusions Ms A read, evaluated, and certified the required documents as well (3) Ms C asked Ms A to declare the information on the Insurance Claim Form but Ms A rejected due to her poor handwriting and fear of making mistakes Ms A requested Ms.C to declare it Ms C wrote for Ms A's personal information, only declared the content of height and weight in the health information area, then Ms A examined the information recorded, read the follow-up questions herself, marked an X, and signed Ms C then completed the Estimated Premium Payment Form, and Ms A paid the premium and signed the payment form o Witness: Ms Nguyen Thi H (Ms D)’s presentation: (1) Consultant Ms C self-declared all documents in this Insurance Contract before handing them over to Ms D for Ms A's signature Ms C did not meet Ms A personally (2) Ms D was the recipient of the Insurance Contract from Ms C and handed it over to Ms A two years later 3.1.2 Appellate court o Defendant's claim: Bao Viet Life Insurance Corporation After the trial court, on August 11, 2020, the defendant Bao Viet Life Insurance Corporation appealed the entire first-instance civil judgment According to Defendant, the first-instance judgment did not comprehensively and objectively consider the evidence to decide to force Bao Viet Life Corporation to pay 12 Risk Management and Insurance– Midterm Report – Group insurance premiums to the plaintiff: (1) Bao Viet assumed that the Consultant filled out the Insurance Claim Form based on the information given by the insurance buyer The insurance buyer placed a "X" in the "No" box of the health questions Following that, the insurance buyer examined and directly signed on the Insurance Claim Form, indicating that she agreed and was responsible for the accuracy and completeness of all declared information (2) The Consultant is not prohibited from declaring on behalf of the insurance buyer, but the insurance buyer is required to submit complete, honest information and is responsible for the information provided (3) Despite having known about the disease, Ms A also paid 06 premiums and had no further opinions on the contract As a result, Ms A had breached her commitment to provide accurate information o Persons with related rights and obligations: Ms Tran Thi H (Ms C), the insurance consultant’s appeal: On August 11, 2020, the person with related rights and obligations, Ms C appealed the entire first-instance civil judgment on the grounds that: (1) Although Ms C declared personal information on behalf of Ms A, in the health information section, Ms C asked Ms A to read the following questions and then put an "X" in the box Ms C explained that if there was a disease as in the questions, put an "X" in the "Yes" box, if no, then marked an "X" in the "No" box (2) After Bao Viet had accepted the insurance, Ms C handed over the entire Life Insurance Contract to Ms A and Ms A did not give any feedback Ms C had fully consulted and handed over the insurance contract to Ms A, only then Ms A knew to pay the premium periodically (3) Ms A's family members, including Ms D, wanted to blame Ms C after her death, so they purposefully contacted Ms C to record, made up the story that Ms C voluntarily bought insurance for Ms A, declared the Insurance Claim Form herself, and then gave it to Ms D to bring up for Ms A to sign Ms D's statements on the recording, however, contradicted her testimony in the first instance court (4) Ms C's check mark in the box "Yes" to the question "Have you witnessed the insurance buyer directly declare, sign, and write his/her full name on the Insurance Claim Form?" on Bao Viet's consultant report form is to ensure the accuracy of the insurance buyer's information and signature, not to prevent the consultant from declaring on behalf of her client As a result, there are no restrictions in Bao Viet forbidding insurance advisors from declaring on behalf of insurance customers Therefore, the identity of the first instance court was not correct 13 Risk Management and Insurance– Midterm Report – Group Therefore, Ms C proposed that the Appellate Court not accept the plaintiff's petition 14 Risk Management and Insurance– Midterm Report – Group 3.1.3 Appeal of the Procuracy On August 28, 2020, the Procuracy of Quang Tri province protested against the first- instance civil judgment for the following reasons: (1) From May 26, 2015 to June 14, 2015, Ms A was treated for "Breast cancer (P) metastases to liver, spleen, armpit, lung" but she did not report her medical condition or past treatment throughout the Insurance Contract negotiation process (2) The following is written in the Commitment and Authorization section: "We (Insurance Buyer) have been clearly explained by the Consultant (Insurance Agent) of Baoviet Life Insurance about the insurance claim procedure, illustrated documentation, insurance benefits, conditions, insurance terms We not conceal any information that might jeopardize acceptance and performance… We undersigned to certify that we have read, comprehended, and accepted the foregoing content " Ms A signed the Insurance Claim Form as the Insured and the Insurance Buyer (3) According to the results announced in the Insurance Claim Form, Ms A had broken the insured's commitment in the insurance contract No 568701090 Therefore, the Defendant has the right to refuse to pay the insurance and unilaterally terminate the contract (4) However, existing insurance legislation does not exclude the Consultant from declaring on behalf of the insurance customer The first-instance Court's reliance on the Consultant's Commitment in the Insurance Claim Form and a query in the Consultant's Report to argue that Baoviet Life Insurance includes a provision prohibiting the Consultant from declaring on behalf of the insurance buyer is unjustified It is against the law that the plaintiff's petition was accepted by the first instance court, forcing Bao Viet Life Corporation to pay Ms B's insurance 300,000,000VND As a conclusion, the Procuracy proposed that the Court modify the first-instance judgment by rejecting the plaintiff, Ms B's claim 3.1.4 Some judgments of the court (1) During the case settlement, the signature on the insurance documents was Ms A's signature (2) According to An Phat Hung Gia Insurance Terms, the Insurance Claim is only valid when Bao Viet accepts the insurance (3) In the commitment and authorization section of the insurance buyer, state that: "We undersigned hereby to commit that we have read, understood and accepted all of the above mentioned contents" 15 Risk Management and Insurance– Midterm Report – Group (4) In the commitment section of the Consultant: “We commit to having met the customer directly, fully and accurately advising the customer We not declare, conceal or guide the customer, create any information that may affect Bao Viet Life Insurance's decision to accept insurance for customers” (5) During the trial, both the defendant, Bao Viet Life Insurance Corporation, and Ms C said that Ms A's signature on the Insurance Claim Form is liable for the contents of her obligations, however the Consultant Insurance's declaration on behalf of the insurance buyer is not a violation However, Bao Viet has a regulation prohibiting insurance consultants from declaring for insurance buyers Therefore, the defendant's failure to clearly define the responsibility of the consultants for their commitment is not objective (6) Bao Viet had released an announcement that they would accept Ms A's insurance and asked the customer to examine the information in the contract, sign the contract, hand over the contract, and return it to the consultant However, because the contract delivery form was not signed by both the insurance buyer and the consultant, it was impossible to determine if the consultant personally delivered and received the insurance contract from the client Ms D stated that she got the insurance contract from Ms C and returned it to Ms A two years later This is a Bao Viet regulation, but the consultant did not follow it, affecting the interests of the insured As a consequence, the first-instance Court's approval of plaintiff Ms B's claim to compel defendant Bao Viet Life Insurance Corporation to pay the plaintiff's insurance premium of VND 300,000,000 was totally grounded 3.2 Verdict 3.2.1 Trial court At the first-instance civil judgment No 05/2020/DS-ST dated July 29, 2020 of the People's Court of D city, it was decided: Pursuant to Clause 3, Article 26, Point a, Clause 1, Article 35, Point b, Clause 1, Article 40, Clause 2, Article 92, Article 147, Article 227, Article 271 and Article 273 of the Civil Procedure Code; Article 405 Civil Code 2015; Article 15, Article 17, Article 21, Article 39 of the Law on Insurance Business; Clause 2, Article 26 of Resolution No 326/2016/UBTVQH14 of the National Assembly Standing Committee providing for the collection, exemption, reduction, collection, payment, management and use of court fees and charges Sentencing: Accepting claim of plaintiff Ms Truong Nguyen Tu Tr (Ms B) on insurance contract dispute Forcing Baoviet Nh Corporation to pay the insurance amount to Ms B VND 16 Risk Management and Insurance– Midterm Report – Group 300,000,000 (Three hundred million VND) under the life insurance contract An Phat Hung Gia (BV-NAUVL01), number 568701090 dated 21 December 2015, signed between Bao Viet Nh Corporation and Ms Nguyen Thi Thuy Tr Since the date the judgment or decision takes legal effect, Ms B has a request for judgment enforcement, if the General Corporation If Bao Viet Nha is late in performing its payment obligation, it must also pay interest, at the interest rate specified in Clause 2, Article 468 of the Civil Code, corresponding to the amount and time of delayed judgment enforcement Regarding court fees: Forcing Baoviet Nh Corporation to bear first-instance civil court costs 15,000,000 VND (Fifteen million VND) Refund to Ms B the paid court fee advance of 7,500,000 VND (Seven million five hundred thousand VND) according to the money collection receipt number AA/2018/0000301 dated December 5, 2019 of the Examination Bureau City civil judgment D In case a judgment or decision is enforced according to the provisions of Article of the Law on Civil Judgment Execution, the civil judgment creditor or civil judgment debtor has the right to agree on judgment enforcement, the right to request the enforcement execute judgments, voluntarily execute judgments or are forced to execute judgments according to the provisions of Articles 6, and of the Law on Civil Judgment Execution; The statute of limitations for judgment enforcement shall comply with the provisions of Article 30 of the Law on Civil Judgment Execution In addition, the first-instance judgment also declared the right to appeal of the involved parties according to the provisions of law 3.2.1 Appellate court After the first-instance trial, on August 11, 2020, the defendant Bao Viet Nh Corporation and the person with related interests and obligations, Ms Tran Thi H (Ms C), appealed the entire first-instance civil judgment No 05/2020 /DS-ST dated July 29, 2020 of the People's Court of D city, Quang Tri province Then, on August 28, 2020, the People's Procuracy of Quang Tri province also protested against the first-instance civil judgment No 05/2020/DS-ST However, considering all the court’s aforementioned findings in the section ‘Some judgments of the court’ (Litigation process), the Appellate Trial Panel considered that the appeal of the defendant, the appeal of the person with related interests and obligations, Ms C and the appeal of the Procuracy had no basis to accept The firstinstance judgment should be upheld Pursuant to Clause 1, Article 308 of the 2015 Civil Procedure Code; Not accepting the appeal of the defendant Bao Viet Nh Corporation, the appeal of the person with related interests and obligations, Ms C, and the protest of the People's 17