People's Republic of China promulgated by Decree No. 629
The agricultural insurance Ordinance adopted executive meeting of the State Council on October 24, 2012 No. 222, are hereby promulgated and take effect on March 1, 2013.
Prime Minister Wen Jiabao
November 12, 2012 agriculture insurance
Chapter I General provisions article in order to regulate the activities of agricultural insurance, protect the legitimate rights and interests of the parties involved in agricultural insurance, improve agricultural production and ability to resist risks, and promote the healthy development of agricultural insurance, under the People's Republic of China insurance code, the People's Republic of China Law on agricultural law, this Ordinance is enacted.
Agricultural insurance referred to in article II of this Ordinance refers to insurance institutions under the agricultural insurance contract, the insured in farming, forestry, animal husbandry and fishery production in the agreed due to the insured's natural disasters, accidents, epidemics, diseases caused by the insured property losses, compensation insurance activities of the insurance liabilities.
Insurance companies mentioned in these regulations refers to the insurance company and the agricultural mutual insurance and other insurance organizations established according to law.
Third countries to support the development of various forms of agricultural insurance, a sound policy-oriented agricultural insurance system.
Government guidance, agricultural insurance market, the principle of voluntarism and collaboration to advance.
The provinces, autonomous regions and municipalities can determine the agricultural insurance business model for local area.
No unit or individual may make use of administrative power, position or occupation and other coercion, restricting peasants or agricultural production and operation organizations participate in agricultural insurance. Fourth insurance supervision and Administration Department under the State Council to supervise and administer the agricultural insurance business.
Finance, agriculture, forestry, the State Council development and reform, taxation, civil affairs and other relevant departments according to their respective duties, is responsible for the advanced management of agricultural insurance related work.
Supervision and administration of financial, insurance, land and natural resources, agriculture, forestry, meteorology and other related departments, agencies should establish information sharing mechanisms related to agriculture insurance. Fifth local people's Governments at or above the county level shall exercise unified leadership, organize and coordinate the administrative work of agricultural insurance, establish and improve the working mechanisms for the development of agricultural insurance in advance.
Local people's Governments at or above the county level responsibilities under the relevant departments under the people's Governments at the corresponding level, responsible for the administration of agricultural insurance promotion, management of related work.
Sixth State Council relevant departments, agencies and local people's Governments at all levels and relevant departments should take a variety of forms, strengthen the promotion of agricultural insurance, raise insurance awareness among peasants or agricultural production and operation organizations, organizations guide the peasants or agricultural production and operation organizations actively participate in agricultural insurance.
Article seventh peasants or agricultural production and operation organizations covered agricultural insurance belongs to the scope of financial subsidy for premiums, premium subsidy in accordance with the provisions given by the financial sector, and the specific measures shall be formulated by the State Council in consultation with the financial sector agriculture, forestry authorities and insurance supervision and regulatory bodies.
Countries encourage the local people to take local finance insurance subsidies and other measures to support the development of agricultural insurance.
Eighth State to establish agricultural insurance catastrophe risk dispersed mechanism of financial support, and the specific measures formulated by the financial Department of the State Council in conjunction with the relevant departments of the State Council.
State encourages local people to establish a local agricultural insurance catastrophe risk dispersed mechanism of financial support.
Nineth insurance agency insurance business of agricultural tax in accordance with law.
State support to insurance agencies to establish grass-roots service system of agricultural insurance business development.
Of agricultural insurance in the State encourages financial institutions to insure peasants or agricultural production and operation organizations increase credit support.
Chapter II agriculture insurance contracts
Tenth agricultural insurance may be effected by the peasants, agricultural production and operation organizations, or agricultural production and operation organizations, village committees organization of farmers insurance. From agricultural production and operation organizations, village committees organization of farmers insurance, insurance contracts should be made in agricultural insurance, developing insurance list, detailing the insured the insurance information, and confirmed by the signature of the insured.
Insurance institutions shall be public.
11th in agriculture within the validity of the insurance contract, the Contracting Parties shall not be the subject matter of the level of risk changes increase insurance premiums or terminate the agricultural insurance contracts. 12th insurance agency after receiving the notification of an insured, shall promptly conduct site survey, in conjunction with the approved subject matter of the insurance of insured damage.
From agricultural production and operation organizations, village committees organization of farmers insurance, insurance institutions shall be publicized the survey will damage result. Insurance Agency under the agriculture insurance contract, you can take a sample or otherwise approved for insured losses.
Using sampling methods authorized loss, shall conform to the relevant provisions of the sampling specifications.
13th law and administrative regulations on the damaged agricultural insurance provisions dealing with the subject-matter insured, claim damage insurance have been dealt with according to law shall be obtained when evidence or proof.
Insurance institution shall not claim rights of residual value insurance for damage, agriculture except as otherwise agreed in the insurance contract. 14th Insurance Office shall within 10th of the compensation agreement with the insured, should compensate the premiums paid to the insured.
Agricultural insurance indemnity period stipulated in the contract, Agency shall, in accordance with the contract of insurance indemnity obligations.
15th insurance institutions shall be in accordance with agricultural insurance contract, according to the approved levels should pay compensation for insured losses in insurance.
No unit or individual may unlawfully interfere with insurance institutions the obligation to indemnity shall not be restricted unless the insured have the right to insurance.
Agricultural production and operation organizations, village committees organization of farmers insurance, claim listing shall be confirmed by the signature of the insured and insurance institutions shall be publicized the claims result.
16th agricultural insurance contracts not specified in these regulations, reference to the application of the People's Republic of China insurance law in the relevant provisions of the insurance contract.
Chapter III rules
17th agricultural insurance business insurance institutions, shall comply with the following conditions, and approved by the insurance supervision and Administration Department under the State Council in accordance with:
(A) a sound primary health care services network;
(B) specialized agricultural insurance sector and are equipped with the appropriate professionals;
(C) have a sound internal control system of agricultural insurance;
(D) a robust agricultural reinsurance arrangements and disaster risk and risk response plan;
(V) solvency in accordance with insurance regulatory authority under the State Council;
(F) other requirements as prescribed by the insurance regulatory authority under the State Council.
Without approval, no entity or individual may engage in agricultural insurance business.
18th operating agricultural insurance business insurance agencies, independent business, self-financing.
Agricultural insurance business insurance institutions, should be separated from the other insurance business management, separate accounting profit or loss. Article 19th insurance institutions shall be fair and reasonable development of agricultural insurance clauses and insurance rates.
Belongs to the financial subsidy for premiums of insurance clauses and insurance rates, insurance institutions shall be fully listen to Governments of provinces, autonomous regions and municipalities directly under the finance, agriculture, and farmers ' representatives on the basis of the development of the forest sector.
Agricultural insurance clauses and premium rates should be submitted to insurance supervision and Administration Department for approval or for the record in accordance with law.
20th agricultural insurance business insurance institutions reserving and solvency of the preparation of the report, shall comply with the insurance regulatory authority under the State Council.
Agricultural insurance business financial management and accounting principles and require special methods, formulated by the financial Department of the State Council and the specific measures. 21st insurance agencies may authorize agencies such as grass-roots agricultural technology extension assist with agricultural insurance operations.
Insurance Agency shall, together with the Commission to assist the institutions of agricultural insurance business written contracts, specify the rights and obligations of both parties, contract payments, and assist with agricultural insurance business conducted operational guidance.
22nd insurance agency shall, in accordance with State Council's insurance regulatory authority requirements for keeping of agricultural insurance survey will damage the original information.
Any unit and individual is prohibited, forged, altered, concealed or destroyed survey will damage the original information specified in violation of.
Article 23rd acquisition and use of premium subsidies, should abide by in accordance with the provisions of this Ordinance, article seventh specific measures.
Prohibited in the following ways, or in any other way defraud agricultural insurance premium subsidy:
(A) the fictitious or inflated the subject or the subject multiple times to the same insurance cover;
(B) with false claims, false charges, false surrender or intercept or appropriate insurance, misappropriation of operating expenses, such as reversing the insured shall pay the insurance premium subsidy or financial.
24th article any unit and individual is prohibited misappropriation, interception, stolen insurance agency shall indemnify the insured in insurance.
25th article this is not stipulated regulations on agricultural insurance rules governed by the People's Republic of China Insurance Act insurance business rules and regulatory requirements.
The fourth chapter legal liability
26th article insurance institutions without approved business agricultural insurance business of, by insurance supervision management institutions ordered corrected, confiscated illegal proceeds, and at illegal proceeds 1 time times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, at 100,000 yuan above 500,000 yuan following of fine; late not corrected or caused serious consequences of, ordered closed reorganization or revoked business insurance business license.
Insurance organizations or individuals other than the illegal business of agricultural insurance, by the insurance supervision and Administration Department shall be banned, confiscated and illegal income more than 1 time fined not more than 5 times; no illegal income or the illegal income is less than 200,000 yuan, fined not more than between 1 million Yuan and 200,000 yuan.
27th agricultural insurance business insurance institutions, any of the following acts, by the insurance supervision and Administration Department shall order correction, fines of between 100,000 yuan and 500,000 yuan in serious, you can limit the scope of its business, is ordered to stop accepting new business or to cancel the insurance business of agriculture entitled:
(A) the preparation of reports, statements, documents, or provide false information;
(B) refuse or obstruct the supervision and inspection;
(C) is not used in accordance with the provisions of approved agricultural insurance clauses and insurance rates or filing.
28th operating agricultural insurance business insurance agencies, in violation of the provisions of this Ordinance, any of the following acts, by the insurance supervision and Administration Department shall order correction, fines of between 50,000 yuan and 300,000 yuan in serious, you can limit the scope of its business, is ordered to stop accepting new business or to cancel the insurance business of agriculture entitled:
(A) failing to separate the agricultural insurance and other insurance business management, accounting gains and losses;
(B) agricultural insurance operations for other agencies or individuals seeking improper interests;
(C) failing to apply for approved insurance clauses and insurance rates of agriculture.
Agricultural insurance business insurance institutions, is not submitted in accordance with the provisions of agricultural insurance clauses and insurance rates for the record, by the insurance supervision and Administration Department shall be ordered to rectify; fails, fined not more than between 100,000 yuan and 10,000 yuan.
29th insurance agency violates the provisions of this Ordinance, the insurance regulatory authority, in accordance with the provisions of this Ordinance the punishment, directly responsible to the person in charge and other direct liable persons given a warning, and a fine of less than 10,000 yuan and 100,000 yuan in serious cases, to obtain qualifications or qualifications of personnel to withdraw its qualified.
Article 23rd 30th in violation of this Ordinance, of obtaining premium subsidy by the financial sector in accordance with the relevant provisions of the financial regulations on penalties for offences to deal with case constitutes a crime, criminal responsibility shall be investigated according to law.
Violation of article 24th of this Ordinance, misappropriation, interception, misappropriation of premiums, dealt with by the relevant departments according to law constitutes a crime, criminal responsibility shall be investigated according to law.
31st insurance legal responsibility for violation of the provisions of this Ordinance, this Ordinance is not specified, application of the People's Republic of China relevant provisions of the Insurance Act.
The fifth chapter by-laws
32nd insurance agency management policy-supported agricultural insurance, mutatis mutandis, the relevant provisions of the regulations.
Agricultural insurance is a kind of agricultural insurance for farmers in agricultural production insurance protection of life insurance, including houses, farm equipment, boats and other property insurance, involving farmers ' lives and physical aspects of short-term accidental injury insurance. 33rd article of the regulations come into force on March 1, 2013.
