Nghị định 42/2001/ND-CP

Decree no. 42/2001/ND-CP of August 01, 2001 detailing the implementation of a number of articles of the law on insurance business

Decree no. 42/2001/ND-CP of August 01, 2001 detailing the implementation of a number of articles of the law on insurance business đã được thay thế bởi Decree No. 45/2007/ND-CP of March 27, 2007, providing guidelines for implementation of a number of articles of Law on Insurance Business và được áp dụng kể từ ngày 30/04/2007.

Nội dung toàn văn Decree no. 42/2001/ND-CP of August 01, 2001 detailing the implementation of a number of articles of the law on insurance business


THE GOVERNMENT
-----

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------

No: 42/2001/ND-CP

Hanoi, August 01, 2001

 

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON INSURANCE BUSINESS

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the December 9, 2000 Law on Insurance Business;
At the proposal of the Finance Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of application

1. This Decree details the implementation of a number of articles of the Law on Insurance Business.

2. This Law applies to insurance business, reinsurance business, insurance brokerage and insurance agency activities conducted by insurance enterprises, insurance brokerage enterprises and insurance agents.

3. This Decree does not apply to social insurance, health insurance, deposit insurance and other types of insurance which are provided by the State and bear a non-commercial nature.

Article 2.- The State’s policies towards the insurance program in service of the objectives of agricultural, forestry and fishery development

1. The State shall adopt mechanisms and polices on financial support for organizations and individuals participating in insurance.

2. The State shall give technical support for insurance enterprises in researching into and developing insurance products; create conditions for insurance enterprises to be established, broaden the contents, scopes and geographical areas of their operation.

3. The State shall adopt other preferential treatment policies according to law provisions.

Article 3.- The State’s policies towards State-run insurance enterprises

1. The State shall guarantee the provision of adequate charter capital for the enterprises’ operation.

2. The State shall invest various resources for the performance of insurance operations in service of the target programs on socio-economic development.

3. The State shall adopt other preferential treatment policies according to law provisions.

Article 4.- Principles for participation in insurance

1. Organizations and individuals that have insurance needs may only participate in insurance at insurance enterprises operating in Vietnam.

2. Organizations and individuals that have insurance needs may participate at insurance enterprises that have no head-offices in Vietnam in the following cases:

a/ Insurance enterprises which are operating in Vietnam have not yet provided those types of insurance products that organizations and individuals wish to participate in insurance;

b/ It is so provided for by international agreements which the Vietnamese Government has signed or acceded to.

3. Insurance contracts that are concluded between Vietnamese organizations or individuals and insurance enterprises that have no head-offices in Vietnam and in contravention of the provisions of Clause 2 of this Article shall be considered invalid.

Article 5.- Insurance products

1. The Ministry of Finance shall base itself on the types of insurance operation specified in Article 7 of the Law on Insurance Business to publicize a detailed list of insurance products.

2. Insurance enterprises may deal in the insurance products prescribed in their establishment and operation licenses, according to the insurance regulations, terms and premium tables, which have been registered with or have been approved and promulgated by, the Ministry of Finance.

Article 6.- Compulsory insurance

1. Insurance enterprises licensed to deal in compulsory insurance must not refuse to sell compulsory insurance.

2. Organizations and individuals subject to compulsory insurance shall be obliged to participate in compulsory insurance.

Chapter II

INSURANCE ENTERPRISES

Section I. ESTABLISHMENT AND OPERATION OF INSURANCE ENTERPRISES

Article 7.- Fees for granting of establishment and operation licenses of insurance enterprises

Insurance enterprises which are granted establishment and operation licenses shall have to pay a licensing fee; the fee level per licensing is equal to 0.1% of the insurance enterprises legal capital.

Article 8.- Procedures to be completed before insurance enterprises can inaugurate their operation

1. Within 12 months as from the date they are granted establishment and operation licenses, insurance enterprises must complete the necessary procedures according to law provisions to inaugurate their operation. Past this time limit, if insurance enterprises fail to commence their operation, their licenses shall be withdrawn.

2. Within 30 days after being granted establishment and operation licenses, insurance enterprises must publish for five consecutive issues of the central dailies and the dailies of the localities where they base their head offices the following principal contents:

a/ The names and addresses of their head office, branch(es) and/or representative office(s);

b/ The content, scope and duration of operation;

c/ The charter capital level and the amount of already contributed charter capital;

d/ The full name of the enterprise’s legal representative;

e/ The serial number and the date of granting of the establishment and operation license;

f/ Insurance products that the enterprise is permitted to deal in.

Article 9.- Sending of notices on the granting, withdrawal, amendment and/or supplement of establishment and operation licenses

Where the Ministry of Finance grants or withdraws establishment and operation licenses, gives approval for insurance enterprises to change one of the contents specified in Clause 1, Article 69 of the Law on Insurance Business, it shall immediately send written notices thereon, together with the copies of establishment and operation licenses, decisions to withdraw establishment and operation licenses, or decisions to approve the amendment and/or supplement to establishment and operation licenses, to the provincial-level business registration offices in the localities where the concerned enterprises base their head offices, branches or representative offices.

Article 10.- Organizational forms of operation of insurance enterprises

Insurance enterprises may be organized and operate in the following forms:

1. For State-run insurance corporations:

a/ The head offices of the Corporations;

b/ The head offices of member units;

c/ Representative offices.

2. For other State-run insurance enterprises, joint-stock insurance companies and foreign-invested insurance enterprises:

a/ The head offices of the companies;

b/ Branches;

c/ Representative offices.

3. The opening of overseas branches and/or representative offices of Vietnamese insurance enterprises must be approved by the Ministry of Finance and comply with relevant law provisions.

Article 11.- Branches of insurance enterprises

1. Branches of insurance enterprises are dependent units of insurance enterprises, operate under the provisions of this Decree and are prescribed in the charters of insurance enterprises. Insurance enterprises shall take responsibility for all activities of their branches.

2. Insurance enterprises may open branches outside the provinces or centrally-run cities where they base their head offices in order to carry out activities prescribed in their establishment and operation licenses.

3. A dossier of application for opening of a branch consists of:

a/ The application for opening of a branch;

b/ A report evaluating the situation of the enterprise’s operation in the previous fiscal year;

c/ A report on the survey of insurance demand in the locality where the insurance enterprise intends to open a branch;

d/ The branch’s business plan for the three years to come, clearly stating the contents and scope of operation, insurance products planned for business; the proposed organizational apparatus, personnel and location of the branch;

e/ The CV, diploma(s) and certificate(s) of the branch’s manager.

4. Within 30 days after receiving complete dossiers, the Ministry of Finance must reply in writing whether it accepts or refuses to accept the dossiers. In case of refusal, the Ministry of Finance must clearly explain in writing the reasons therefor.

Article 12.- Representative offices of insurance enterprises

1. Representative offices are dependent units of insurance enterprises and not allowed to conduct any business activities.

2. Insurance enterprises may open representative offices outside the provinces or centrally-run cities where they base their head offices or branches.

3. A dossier of application for opening a representative office consists of:

a/ An application for opening of a representative office;

b/ Documents explaining the necessity to open the representative office, its operation contents and location;

c/ The CV, diploma(s) and certificate(s) of the chief of the representative office.

4. Within 30 days after receiving complete dossiers, the Ministry of Finance must reply in writing whether it accepts or refuses to accept the dossiers. In case of refusal, the Ministry of Finance must clearly explain in writing the reasons therefor.

Article 13.- Changes of the operation contents, scopes and duration

1. Where insurance enterprises wish to change their operation contents, scopes and/or duration prescribed in their establishment and operation licenses, they shall have to send written requests for amendments and/or supplements to their licenses to the Ministry of Finance.

2. Where insurance enterprises wish to expand their operation contents and/or scopes prescribed in their establishment and operation licenses, they shall have to enclose the rules, terms and premium tables of their insurance products planned for business; and the business plans, clearly stating the customers’ demand, market forecasts, expected business results and technical and material foundations.

3. Within 30 days after receiving the insurance enterprises’ written requests for supplements and/or amendments to their establishment and operation licenses, the Ministry of Finance must reply the insurance enterprises whether it accepts or refuses to accept such requests. In case of refusal, it must clearly explain in writing the reasons therefor.

4. In cases where the Ministry of Finance gives its approval for the enterprises to change one of the contents prescribed in Article 69 of the Law on Insurance Business, the insurance enterprises shall announce such approved content on the newspapers under the provisions of Clause 2, Article 8 of this Decree.

Article 14.- Chairmen of the Managing Boards, general directors (directors)

1. Chairmen of the Managing Boards of insurance enterprises must be those who have professional prestige and ethics as well as experiences in insurance business activities.

2. General directors (directors) of insurance enterprises must be those who have professional prestige and ethics, at least three years’ practical experiences in business management or State management over insurance and must reside in Vietnam during their working time.

3. The appointment or change of chairmen of the Managing Board, general directors (directors) of insurance enterprises must be approved by the Ministry of Finance, except for cases where chairmen of the Managing Board and general directors of State-run insurance enterprises are appointed by the Prime Minister.

4. Within 30 days after receiving written requests of insurance enterprises, the Ministry of Finance must reply insurance enterprises whether it accepts or refuses to accept such requests. In case of refusal, the Ministry of Finance must clearly explain in writing the reasons therefor.

Section 2. INSURANCE EXPLOITATION

Article 15.- Sale of insurance

1. Insurance enterprises may invite customers to participate in insurance according to the contents and scopes of their operation prescribed in their establishment and operation licenses. The invitation of customers to participate in insurance may be effected directly or through their representatives.

2. Insurance enterprises must not press organizations and individuals to purchase insurance in any form.

Article 16.- Sale of insurance through insurance agents and insurance brokers

1. Insurance enterprises may authorize insurance agents to sell insurance products.

2. Insurance brokerage enterprises shall guide and counsel customers to participate in insurance at the latter’s requests.

3. Insurance brokerage enterprises and insurance agents shall have the obligations:

a/ To honestly explain information on insurance products to enable insurance buyers to clearly understand insurance products they intend to buy;

b/ Not to disclose nor supply information that may damage the legitimate rights and interests of the insurance buyers.

4. Insurance brokerage enterprises and insurance agents must not exert any influence that makes the insurance buyers to supply distorted information or refuse to supply necessary information to insurance enterprises.

Article 17.- Insurance through the form of bidding

1. The purchase and sale of insurance may be effected through the form of bidding.

2. The organization of bidding must comply with the following regulations:

a/ Ensuring publicity and that bid-soliciting conditions be generally applied to all insurance enterprises participating in bidding;

b/ Insurance enterprises’ bids must clearly indicate the insurance conditions, insurance durations, insurance regulations, insurance premiums and other regulations as required by bidding documents;

c/ Bases for bid consideration include bidding documents, insurance premium offer and other related care services.

3. Bidding procedures shall comply with the provisions of law.

Article 18.- Insurance regulations, terms and premium tables

1. The Ministry of Finance shall promulgate insurance regulations, terms and premium rates as well as the minimum insurance amount for each type of compulsory insurance.

2. For products of life insurance, health insurance and human accident insurance, insurance enterprises shall have to abide by the insurance regulations, terms and premium tables approved by the Ministry of Finance.

3. For other insurance products, insurance enterprises must register with the Ministry of Finance the insurance regulations, terms and premium tables under the latter’s guidance before they can apply them.

4. Where insurance enterprises conclude insurance contracts at variance with the regulations, terms and/or premium tables already promulgated or approved by, or registered with, the Ministry of Finance, they shall have to compensate damage incurred by the insurance buyers and the insurance buyers shall not have the responsibility to pay insurance premiums.

Article 19.- Procedures for approval of insurance products

1. For those types of insurance products with their regulations, terms and premium tables approved by the Ministry of Finance as prescribed in Clause 2, Article 18 of this Decree, insurance enterprises must send to the Ministry of Finance written requests enclosed with the following documents:

a/ Insurance regulations, terms, premium tables and commissions of insurance products planned for business;

b/ Formulas, methods and explanations of the bases for premium calculation, and professional reserves of insurance products planned for business.

2. Within 30 days after receiving complete dossiers, the Ministry of Finance must reply in writing whether it accepts or refuses to accept such dossiers. In case of refusal, the Ministry of Finance must explain in writing the reasons therefor.

Article 20.- Insurance commissions

1. Insurance enterprises may only pay insurance commissions from the actually collected amount of insurance premiums at the insurance commission rates set by the Ministry of Finance for each type of insurance operation.

2. Subjects entitled to insurance commissions include:

a/ Insurance brokerage enterprises;

b/ Insurance agents.

3. Insurance commissions must not be paid to the following subjects:

a/ Organizations and individuals that are not permitted to conduct insurance agency and insurance brokerage activities in Vietnam;

b/ Organizations and individuals that directly buy insurance, except for cases where insurance agents buy life insurance for themselves;

c/ Officials and employees of insurance enterprises.

Section 3. REINSURANCE ACTIVITIES

Article 21.- Reinsurance

Insurance enterprises may accept reinsurance for other insurance enterprises by effective mode and must ensure liabilities already committed to the insurance buyers.

Article 22.- Compulsory reinsurance

1. In cases of reinsurance for overseas insurance enterprises, insurance enterprises must reinsure at a rate of 20% liabilities of the already concluded insurance contracts at Vietnam National Reinsurance Company. The reduction of compulsory reinsurance rates shall accord with international agreements which Vietnam has signed or acceded to.

2. The rights and obligations of Vietnam National Reinsurance Company for every risk related to compulsory reinsurance acceptance contracts shall commence and terminate at the same time with original insurance contracts of insurance enterprises.

3. The Ministry of Finance shall prescribe the list of reinsurance operations and compulsory reinsurance commissions.

Article 23.- Assignment of reinsurance

Insurance enterprises may assign part of liability they have accepted to insure to one or several other insurance enterprises but must not assign the entire liability already accepted in an insurance contract to other insurance enterprises in order to enjoy reinsurance commission.

Article 24.- Acceptance of reinsurance

Insurance enterprises may accept to reinsure liabilities which other insurance enterprises have accepted to insure. When accepting reinsurance, insurance enterprises must assess risks in order to ensure suitability with their financial capability.

Section 4. OTHER ACTIVITIES OF INSURANCE ENTERPRISES

Article 25.- Prevention and restriction of damage

1. Insurance enterprises may apply preventive measures to ensure safety for the insured objects when it is so agreed by the insurance buyers or competent State bodies.

2. Measures to prevent and restrict damage include:

a/ Organizing propaganda and education;

b/ Financing and providing means and material support so as to prevent and restrict risks;

c/ Supporting the construction of projects for the purpose of preventing and mitigating risks for the insured objects.

3. Insurance enterprises may deduct part of the actually collected amount of insurance premiums according to regulations of the Ministry of Finance for applying measures to prevent and restrict damage.

Article 26.- Expertise of damage

1. The damage expertise shall comply with the provisions of Article 48 of the Law on Insurance Business. The expertising agencies shall be responsible for their expertise results.

2. The damage expertise must be honest, objective, scientific, timely and accurate.

3. The damage expertise results must be reflected in the expertise records.

Article 27.- Transfer of insurance contracts

1. The transfer of insurance contracts shall comply with the provisions of Articles 74, 75 and 76 of the Law on Insurance Business.

2. Where insurance enterprises transfer the whole insurance contracts for one or several insurance operations, they must send written requests to the Ministry of Finance for amendments and/or supplements to their establishment and operation licenses.

Chapter III

INSURANCE AGENTS, INSURANCE BROKERAGE ENTERPRISES

Section 1. INSURANCE AGENTS

Article 28.- Principles for insurance agency activities

1. Organizations and individuals that conduct insurance agency activities must meet all conditions for agency activities as provided for in Article 86 of the Law on Insurance Business and must sign insurance agency contracts under the provisions of Article 87 of the Law on Insurance Business.

2. Officials and employees of insurance enterprises must not work as insurance agents for their insurance enterprises.

3. Organizations and individuals must not work concurrently as insurance agents for other insurance enterprises unless they get the approval thereof from the insurance enterprises for which they are working as agents.

Article 29.- Rights and obligations of insurance enterprises in insurance agency activities

1. Insurance enterprises shall have the following rights:

a/ To select insurance agents and sign insurance agency contracts;

b/ To set the insurance commission levels in insurance agency contracts according to the provisions of law;

c/ To receive and manage deposits or pledged properties of insurance agents if it is so agreed upon in the insurance agency contracts;

d/ To request insurance agents to pay collected insurance premiums as agreed upon in insurance contracts;

e/ To inspect and supervise the performance of insurance agency contracts;

f/ To enjoy other legitimate interests from insurance agency activities.

2. Insurance enterprises shall have the following obligations:

a/ To organize training and issue agency training certificates in accordance with the provisions of law;

b/ To guide and supply fully and accurately necessary information related to insurance agency activities;

c/ To fulfill responsibilities arising from insurance agency contracts already signed;

d/ To pay commissions as agreed upon in insurance agency contracts;

e/ To return to insurance agents deposits or pledged properties as agreed upon;

f/ To take responsibility for damage or losses caused by activities of their insurance agents as agreed upon in insurance agency contracts;

g/ To submit to the competent State bodies’ inspection and supervision of activities carried out by their insurance agents.

Article 30.- Rights and obligations of insurance agents

1. Insurance agents shall have the following rights:

a/ To select and sign insurance agency contracts with insurance enterprises strictly according to the provisions of law;

b/ To attend training and fostering courses organized by insurance enterprises to raise their professional levels;

c/ To be provided with information needed for their activities and other conditions for performing insurance agency contracts;

d/ To enjoy commissions and other legitimate rights and interests from insurance agency activities;

e/ To request insurance enterprises to return their deposits or pledged properties as agreed upon in insurance agency contracts.

2. Insurance agents shall have the following obligations:

a/ To fulfill commitments made in insurance agency contracts already signed with insurance enterprises;

b/ To place deposits or mortgage their properties to insurance enterprises if it is so agreed upon in insurance agency contracts;

c/ To introduce, invite and sell insurance; to supply adequate and accurate information to the insurance buyers; to perform insurance contracts within the scope authorized in insurance agency contracts;

d/ To submit to the inspection and supervision by competent State bodies and fulfill all financial obligations according to the provisions of law.

Article 31.- Training of insurance agents

1. Organizations permitted to train insurance agents include insurance enterprises and Vietnam Insurance Association.

2. Conditions for training of insurance agents include:

a/ Having a training program as provided for in Article 32 of this Decree;

b/ Insurance agency trainers must have professional knowledge of insurance, law knowledge and pedagogic skills;

c/ Having adequate material foundations to ensure the training.

3. Insurance enterprises and Vietnam Insurance Association that wish to train insurance agents must send their written requests to the Ministry of Finance for approval of the insurance agent training programs, enclosed with documents explaining the knowledge of the trainers of insurance agents as well as material foundations to ensure the training. Within 30 days after receiving the written requests of insurance enterprises or Vietnam Insurance Association, the Ministry of Finance must reply in writing whether it accepts or refuses to accept such requests. In case of refusal, the Ministry of Finance must clearly explain in writing the reasons therefor.

Article 32.- Insurance agent-training program

The insurance agent-training program shall include the following principal contents:

1. General knowledge about insurance.

2. Responsibilities of agents, agency practicing ethics.

3. The legislation on business insurance.

4. Contents of insurance products that insurance enterprises are licensed to deal in.

5. Insurance sale skills.

6. Rights and obligations of insurance enterprises and insurance agents in insurance agency activities.

7. Practicing of insurance agency activities.

Article 33.- Management of insurance agent training

1. The Ministry of Finance shall have the responsibility to inspect and supervise insurance agent-training activities. Where insurance enterprises or Vietnam Insurance Association fails to meet all insurance agent-training conditions specified in Article 31 of this Decree, the Ministry of Finance shall suspend their insurance agent-training activities.

2. Annually, insurance enterprises and Vietnam Insurance Association shall have to report to the Ministry of Finance on the number of training courses already organized, the number of trained agents and the number of certificates already granted in the year.

Section 2. INSURANCE BROKERAGE ENTERPRISES

Article 34.- Types of insurance brokerage enterprises

The types of insurance brokerage enterprises include:

1. State-run insurance brokerage enterprises.

2. Joint-stock insurance brokerage companies.

3. Insurance brokerage limited liability companies.

4. Insurance brokerage partnerships.

5. Private insurance brokerage enterprises.

6. Joint-venture insurance brokerage enterprises.

7. Insurance brokerage enterprises with 100% foreign-invested capital.

Article 35.- Granting of establishment and operation licenses

1. Organizations and individuals that wish to conduct insurance brokerage activities under the provisions of Article 90 of the Law on Insurance Business shall have to establish insurance brokerage enterprises.

2. The granting of establishment and operation licenses of insurance brokerage enterprises shall comply with Article 93 of the Law on Insurance Business. Particularly, dossiers of application for establishment and operation licenses of insurance brokerage enterprises are not required to state the mode of deduction for setting up professional reserves, the reinsurance program, capital investment and the solvency in the business plan.

3. Insurance brokerage enterprises that are granted establishment and operation licenses must pay a fee therefor. The fee level per granting is equal to 0.1% of legal capital.

Article 36.- Principles for insurance brokerage activities

Insurance brokerage enterprises may only counsel and introduce to the buyers the regulations, terms and insurance premium tables already promulgated or approved by, or registered by insurance enterprises with, the Ministry of Finance.

Article 37.- Application of other regulations

The procedures to be completed before starting operation, the forms of organization of operations of insurance brokerage enterprises, changes in the operation contents, scopes and durations of insurance brokerage enterprises, and the regulations on chairmen of the Managing Boards, general directors (directors) shall comply with the provisions of Articles 8, 10, 13 and 14 of this Decree.

Chapter IV

FOREIGN-INVESTED INSURANCE ENTERPRISES AND INSURANCE BROKERAGE ENTERPRISES

Section I. FOREIGN-INVESTED INSURANCE ENTERPRISES AND INSURANCE BROKERAGE ENTERPRISES

Article 38.- Capital contribution percentages in joint-venture insurance enterprises and insurance brokerage enterprises

1. The percentages of capital contributed by the Vietnamese parties in joint- venture insurance enterprises or insurance brokerage enterprises must not be lower than 30% of the charter capital.

2. The parties in joint- venture insurance enterprises and insurance brokerage enterprises may agree on the transfer of the value of their contributed capital in the joint ventures but must give priority to the other parties within the joint-ventures.

Article 39.- Contents, scopes and geographical areas of operation

1. Foreign-invested insurance enterprises and insurance brokerage enterprises shall not face any restrictions on the contents and scopes of operation when selling insurance products to foreign-invested enterprises, foreign organizations and individuals; non-State enterprises; products in service of agricultural, forestry and fishery development programs, and financial risk insurance and occupational liability insurance.

2. Apart from the cases specified in Clause 1 of this Article, the expansion of the operation contents and scopes shall comply with the guidance of the Ministry of Finance, meet the market development demand and accord with international agreements which Vietnam has signed or acceded to.

3. In the first year of operation, foreign-invested insurance enterprises and insurance brokerage enterprises may open only one branch apart from their head offices so as to conduct insurance business and insurance brokerage activities.

4. After three years of operation, foreign-invested insurance enterprises and insurance brokerage enterprises may open two more branches to conduct insurance business and insurance brokerage activities.

5. After five years of operation, the opening of additional branches by foreign-invested insurance enterprises or insurance brokerage enterprises shall be based on the market development demand and accord with international agreements that Vietnam has signed or acceded to.

Article 40.- Application of other regulations

Other regulations on the establishment and operation, insurance exploitation, reinsurance and other activities of foreign-invested insurance enterprises and insurance brokerage enterprises shall be consistent with the provisions in Chapter II and Section 2 of Chapter III of this Decree.

Section 2. VIETNAM-BASED REPRESENTATIVE OFFICES OF FOREIGN INSURANCE ENTERPRISES AND INSURANCE BROKERAGE ENTERPRISES

Article 41.- Representative offices

Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises are dependent units of such enterprises.

Article 42.- Contents of operation of representative offices

1. Vietnam-based representative offices of foreign insurance enterprises and insurance brokerage enterprises may conduct the following activities:

a/ Acting as liaison offices;

b/ Conducting market research;

c/ Formulating investment projects of foreign insurance enterprises or insurance brokerage enterprises;

d/ Promoting and overseeing the implementation of Vietnam-based projects financed by foreign insurance enterprises or insurance brokerage enterprises;

e/ Other activities in accordance with Vietnamese laws.

2. Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises must not carry out business activities in Vietnam.

Article 43.- Licensing fees and publicization of operation contents

1. The fee level for a licensing or an extension of operation is VND one million.

2. Within 12 months after being granted licenses, representative offices must officially begin operating. Within 30 days after being licensed for their establishment, the representative offices must publicize the contents prescribed in the licenses.

Article 44.- Operating duration

1. The operating duration of Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises shall not exceed five years.

2. Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises that wish to extend their operating duration must file applications for extension.

3. Representative office-opening licenses shall be revoked in the following cases:

a/ The operating duration has expired but no extension thereof is applied for or the Ministry of Finance declines the extension thereof;

b/ The foreign insurance enterprises or insurance brokerage enterprises have their licenses revoked.

c/ The representative offices operate for wrong purposes or not according to the contents prescribed in the representative office-opening licenses.

4. Upon termination of their operation, the representative offices of foreign insurance enterprises or insurance brokerage enterprises shall have to fulfill all procedures and obligations prescribed by law.

Article 45.- Reporting on operation

Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises shall have to make periodical reports on their operation under the guidance of the Ministry of Finance.

Chapter V

STATE MANAGEMENT OVER INSURANCE BUSINESS ACTIVITIES

Article 46.- Responsibilities of the Ministry of Finance in the State management over insurance business

The Ministry of Finance shall have the responsibility to:

1. Guide the implementation of legal documents on insurance business; formulate policies and regimes related to insurance business activities, strategy, planning, plans and policies on the development of Vietnam’s insurance market.

2. Grant and revoke establishment and operation licenses of insurance enterprises and insurance brokerage enterprises; grant and revoke licenses for opening of Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises;

3. Promulgate, approve and guide the implementation of insurance regulations, terms, premium tables and commissions.

4. Apply necessary measures to ensure that insurance enterprises satisfy the financial requirements and fulfill their commitments to the insurance buyers.

5. Organize the sharing of information and forecasts on the situation of the insurance market.

6. Effect international cooperation in the insurance domain.

7. Give approval for insurance enterprises and/or insurance brokerage enterprises to operate abroad.

8. Manage the activities of Vietnam-based representative offices of insurance enterprises or insurance brokerage enterprises.

9. Organize the training and building of the contingent of managers and professionals specialized in insurance.

10. Inspect and supervise insurance business activities; settle complaints and denunciations and handle violations of the legislation on insurance business.

11. Organize the popularization of the legislation on insurance business.

12. Organize the apparatus and train personnel for the performance of the tasks of State management over insurance business.

Article 47.- Responsibilities of the ministries, the ministerial-level agencies and the agencies attached to the Government in the implementation of the legislation on insurance business

The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective tasks and powers, have the responsibility to:

1. Coordinate with the Ministry of Finance in formulating policies and regimes related to insurance business activities.

2. Coordinate with the Ministry of Finance in inspecting and supervising the implementation of the legislation on insurance business, settling complaints and denunciations and handling violations of the legislation on insurance business.

3. Perform other tasks under their respective competence as prescribed by law.

Article 48.- Responsibilities of the People’s Committees of the provinces and centrally-run cities in the implementation of the legislation on insurance business

The People’s Committees of the provinces and centrally-run cities shall, within the scope of their respective tasks and powers, have the responsibility to:

1. Settle procedures related to the establishment and operation of insurance enterprises, insurance brokerage enterprises and Vietnam-based representative offices of foreign insurance enterprises or insurance brokerage enterprises in the localities under their respective management after they are granted licenses by the Ministry of Finance.

2. Coordinate with the Ministry of Finance in settling complaints and denunciations and handling of violations of the legislation on insurance business within the localities under their respective management.

3. Perform other tasks under their respective competence as prescribed by law.

Article 49.- Inspection of insurance business activities

The inspection of insurance business activities shall comply with Article 122 of the Law on Insurance Business and law provisions on the inspection of enterprises.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 50.- Commendation

Organizations and individuals that make achievements in insurance business activities, thus contributing to socio-economic development, ensuring safety for the insurance market, and well abide by the provisions of law, or detect violations of the legislation on insurance business shall be commended and/or rewarded according to the provisions of law.

Article 51.- Handling of violations

1. Organizations and individuals that commit acts of violating the legislation on insurance business shall, depending on the nature and seriousness of their violations, be handled by the Ministry of Finance in the following forms:

a/ Warning;

b/ Temporary suspension of operation;

c/ Narrowing of the contents, scopes and geographical areas of operation;

d/ Withdrawal of licenses.

2. Handling decisions shall be notified in writing to the violating organizations and individuals, concerned agencies and made public.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 52.- Effect of the Decree

1. This Decree takes effect 15 days after its signing.

2. The Government’s Decree No. 100/CP of December 18, 1993 on insurance business and Decree No. 74/CP of June 14, 1997 on amendments and supplements to a number of articles of the Government’s Decree No. 100/CP of December 18, 1993 on insurance business shall cease to be effective as from the date this Decree takes effect.

Article 53.- Transitional provisions

Within one year after the effective date of this Decree, insurance enterprises that are doing business in both life insurance and non-life insurance must complete procedures to separate life insurance activities from non-life insurance activities.

Article 54.- Organization of implementation

1. The Minister of Finance shall guide the implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

 

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Số hiệu42/2001/ND-CP
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Ngày ban hành01/08/2001
Ngày hiệu lực16/08/2001
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Lĩnh vựcDoanh nghiệp, Thương mại, Bảo hiểm
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          Decree no. 42/2001/ND-CP of August 01, 2001 detailing the implementation of a number of articles of the law on insurance business
          Loại văn bảnNghị định
          Số hiệu42/2001/ND-CP
          Cơ quan ban hànhChính phủ
          Người kýPhan Văn Khải
          Ngày ban hành01/08/2001
          Ngày hiệu lực16/08/2001
          Ngày công báo...
          Số công báo
          Lĩnh vựcDoanh nghiệp, Thương mại, Bảo hiểm
          Tình trạng hiệu lựcHết hiệu lực 30/04/2007
          Cập nhật4 năm trước

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            Văn bản hợp nhất

              Văn bản gốc Decree no. 42/2001/ND-CP of August 01, 2001 detailing the implementation of a number of articles of the law on insurance business

              Lịch sử hiệu lực Decree no. 42/2001/ND-CP of August 01, 2001 detailing the implementation of a number of articles of the law on insurance business