China Insurance Regulatory Commission On The Amendment Of The Measures For The Implementation Of Administrative Licensing Of China Insurance Regulatory Commission Decision

Original Language Title: 中国保险监督管理委员会关于修改《中国保险监督管理委员会行政许可实施办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398529.shtml

China insurance regulatory Commission on the amendment of the measures for the implementation of administrative licensing of China insurance regulatory Commission decision

(February 14, 2014 2014 of 2nd China insurance regulatory Commission issued as of the date of promulgation) China insurance regulatory Commission to decide on the measures for the implementation of administrative licensing of China insurance regulatory Commission as follows: The 23rd is revised as follows: "the China insurance regulatory Commission or agency to approve the decision on the administrative license needs to be issued certificate of insurance license, insurance license shall be issued to the applicant in accordance with the relevant provisions.



Purposes from the date of publication of this decision.

    The China insurance regulatory Commission on administrative license in accordance with this decision of the measures for the implementation of corresponding changes and republish.

    Attached: measures of China insurance regulatory Commission for the implementation of administrative licensing 2014 (revised)

    (June 30, 2004 2004 of 5th issue of China insurance regulatory Commission on February 14, 2014 2014 of 2nd issue of China insurance regulatory Commission, as of the date of promulgation of the China insurance regulatory Commission on the revised measures of China insurance regulatory Commission for the implementation of administrative licensing decision on amendments)

    First in order to regulate the Chinese insurance regulatory Committee (hereinafter referred to as the China insurance regulatory Commission) and the China insurance regulatory Commission Agency (hereinafter Agency) the implementation of administrative licensing, and improve the efficiency of insurance regulation, uphold civil, insurance agencies and other legal entities and the legitimate rights and interests of the Organization, in accordance with the People's Republic of China Law on administrative licensing, the People's Republic of China insurance, these measures are formulated.

    Second administrative licensing in these measures refers to the CIRC or its agent, in accordance with laws, administrative regulations or the State Council decided to authorize, for civil applications, insurance agencies, legal persons or other organizations, law review, grant acts engaged in specific activities.

    CIRC and its local agencies article III the implementation of administrative licensing shall be in accordance with legal authority, scope, conditions and procedures, following the principle of open, fair, just and convenient, efficient, and provide quality service. Article fourth Circ may establish regulations authorizing agency implementation of the administrative license.

Within the mandate of the Agency in the regulation, the implementation of administrative licensing in their own name. Development of normative documents of the CIRC, principal-agency implementation of the administrative license.

    The delegate agencies, according to China insurance regulatory Commission, the implementation of administrative licensing shall on behalf of the China insurance regulatory Commission, the China insurance regulatory Commission on the legal responsibility for the consequences of the Act. Fifth China insurance regulatory Commission to develop regulations and regulatory documents shall not set administrative permission.

    Agency of development of normative documents, may not be establishment of an administrative license, or specifically provide for the implementation of administrative licensing.

Article sixth of regulations and regulatory documents of the CIRC, in laws and administrative regulations and decisions of the State Council of the administrative license within the scope of the matters, specific provisions are made for the implementation of the administrative license, shall comply with the following requirements:

(A) shall not be an additional violation of laws, administrative regulations and other requirements as decided by the State Council;

(B) specifically enumerated conditions of administrative licensing;

(C) clearly cited information provided by the applicant;

    (D) shall not enumerate applications of administrative licensing items not directly related to conditions and materials.

    Article seventh China insurance regulatory Commission in formulating the standard document provided for in article sixth, should be made public, and the CIRC issued proclamations or national newspaper. Eighth insurance industry-specific qualification examinations, uniform implementation by the CIRC, held in public.

Agencies shall not be an additional examination. The CIRC shall publish in advance examination conditions, methods, subjects and syllabus.

Pass the other statutory conditions are met, CIRC shall issue with the China insurance regulatory Commission seal qualification.

    Insurance industry specific qualifications of licensing procedures otherwise provided by the China insurance regulatory Commission, from its provisions.

Nineth Agency of the China insurance regulatory Commission or the implementation of administrative license, the applicant needs to format text, shall provide the applicant with the format of administrative licensing applications text.

    Should be on the official website of the CIRC announced administrative licensing items and the format of administrative Licensing application form text to help applicants query downloads. Article tenth of China insurance regulatory Commission's Office and the Office of the Agency was unified institutions accept administrative licensing applications (hereinafter referred to as the Organization).

An accepting institution shall perform the following duties:

(A) receives belongs to the China insurance regulatory Commission or agency administrative licensing applications within the terms of reference;

(B) a preliminary review of the application materials are complete and may make a recommendation on whether to accept;

(C) the public about insurance administrative licensing issues related to consultation;

(D) supervising the handling of administrative licensing items;

    (E) serve insurance administrative license, insurance certificate of administrative license.

    11th CIRC and its local authority should be published on the official website accept the address and contact information.

    12th an accepting institution shall have full-time staff in a fixed office space within the unified accept administrative licensing applications.

13th an accepting institution shall accept administrative licensing applications within the premises of, exhibit the following materials available for public inspection:

(A) the basis for the implementation of administrative licensing;

(B) the conditions and procedures for the implementation of administrative licensing matters and terms of such stipulations;

(C) require the applicant to submit all materials directory;

(D) application for formatting model.

    Applicant requirements publicized description of the provisions of the preceding paragraph, an accepting institution shall explain, interpret, and provide accurate and reliable information.

14th accepting applications for administrative licensing of the applicant, should be dealt with separately according to the following conditions:

(A) the application does not need an administrative license in accordance with law, shall immediately inform the applicant is inadmissible;

(B) the application does not belong to the local Office of the China insurance regulatory Commission, or terms of reference in accordance with law, shall immediately make a decision inadmissible, and inform the applicant to apply to the relevant administrative authorities;

(C) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot, and signature confirmation requires the applicant to correct;

(D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot, or making corrections in the 5th materials notice inform all applicants need to supplement the content;

(V) application belongs to the local Office of the China insurance regulatory Commission, or terms of reference, application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept administrative licensing applications.

    Admissibility admissibility decisions of the agencies on the spot, after receipt of the applicant's application materials, shall issue a receipt to the applicant a receipt and set out the materials list of names.

Article 15th body's decision to accept or not to accept, should administrative license certificate with a special seal and dated written confirmation.

    An accepting institution shall receive a complete material as of the date indicated on the accepting voucher date.

16th an accepting institution shall correct material notice, the date of making of the decision on admissibility or inadmissibility decisions, inform the applicant of the written document.

    Applicant refused receiving, accepting institutions can be served by post.

17th the CIRC and its local agencies shall review the application materials submitted by the applicant. CIRC and its local agencies to review the administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, it shall inform the interested party. Applicant or interested party has the right to make statements and to defend themselves.

    CIRC and its local bodies should listen to the views of the applicant and interested party.

    18th applicants in administrative license application processing after the administrative license until a decision, submit a supplementary application materials, administrative license shall be a period of accepting institutions recalculated from the date of receiving the supplementary application materials.

    Article 19th administrative license application processing of the applicant after the administrative licensing decision, before, of withdrawal of an application for administrative license shall submit a written application to the Organization, the China insurance regulatory Commission or its agent shall promptly terminate the examination of administrative Licensing application and administrative Licensing application materials will be returned to the applicant.

20th China insurance regulatory Commission authorized or entrusted to send applications for administrative licensing of the applicant at first instance, shall authorize or entrust sent uniformly accept administrative licensing applications, unified decision on the administrative license and certificate of administrative license. Agencies should complete the initial review within the statutory time limit, application materials submitted to CIRC and set out its preliminary comments.

    Circ may not otherwise be required the applicant to provide application materials.

    Article 21st Agency of the China insurance regulatory Commission authorized or entrusted the implementation of administrative licensing shall not extend the statutory time limit of administrative license. 22nd of the applicant's application meets the legal conditions and standards, the China insurance regulatory Commission or agency shall make a written decision on approving an administrative license.

The CIRC or its agent shall make no written decision of administrative permission, it shall explain the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The CIRC or its agent should be made within the statutory time limit to grant or not the administrative licensing decision.

    23rd China insurance regulatory Commission or agency to approve the decision on the administrative license needs to be issued certificate of insurance license, insurance license shall be issued to the applicant in accordance with the relevant provisions.

Article 24th Circ or the Agency's licensing, insurance licensing, served centrally by the accepting institution. An accepting institution shall, on the date of the decision of an administrative license in the 10th, the applicant.

Agency of the China insurance regulatory Commission or the decision approving an administrative license is made, you need to issue insurance certificates, an accepting institution shall decide within 10th of the insurance license applicant.

    This period does not include transit time.
25th an accepting institution licensing, insurance licensing, shall be served directly, direct service with difficulty, can be served by post.

Directly to an accepting institution must have the certificate of service, on the certificate of service by the applicant received written dates, signatures or seals. Accepting institutions served by post, must retain proof of mailing.

    Indicated on the certificate of mailing date of receipt as the date of service.

26th an accepting institution could not be served directly or may be served by post licensing, service by public announcement. An accepting institution shall through the official website or newspapers, and service by publication.

    Spontaneous announcement date, after 60 days, the service shall be considered.

    27th CIRC and its local agency decide an administrative license is made, should open on the proclamation of the CIRC or its official website.

28th licensee changes the administrative licensing matters, shall apply to the licensing authorities; meets the statutory requirements, the China insurance regulatory Commission or agency shall go through the procedures of alteration according to law.

    CIRC and its local agencies shall, within the statutory time limit, go through the change procedures.

    Article 29th of China insurance regulatory Commission to develop the implementation of administrative licensing regulations or normative documents, involving significant public interests, shall be announced to the public, and hold a hearing.

    Article 30th administrative licensing directly related to the vital interests of relationship between the applicant and others, the China insurance regulatory Commission or agency before making a decision on the administrative license, it shall notify the applicant, interested parties have the right to request a hearing the applicant, interested parties are informed of the right to a hearing date of hearing an application made in the 5th, the China insurance regulatory Commission or agency shall organize hearings in the 20th.

31st the CIRC and its local agencies shall gradually establish and perfect the supervision system, through the verification of licensee engaged in the activities of the administrative licensing items relevant material, in discharging its oversight responsibilities. CIRC and its local agencies to be licensed to engage in the activities of administrative licensing items when conducting supervision and inspection, supervision and inspection of the circumstances and consequences should be filled in form, signed by the supervising personnel filed after.

    Right of public access to the records.

Articles 32nd to the CIRC and its local agencies shall, in accordance with regulatory responsibilities, to exercise effective supervision of the licensee.

Agencies should exercise effective supervision within the jurisdiction of the licensee. Licensee offsite insurance violations, violations of Agency in the investigation.

    The Agency licensee shall be responsible for investigating illegal facts and results copy the Licensing administrative organ and the local Office of the licensee is located.

    Article 33rd Agency of the China insurance regulatory Commission shall strengthen the supervision and inspection of the implementation of administrative license, corrected the implementation of administrative licensing violations.

34th under any of the following circumstances, the China insurance regulatory Commission or agency can legally change or withdraw the entry into force of the administrative licensing:

(A) the administrative licensing law, amendment or repeal of laws and regulations;

(B) the China insurance regulatory Commission regulations or normative documents adjusting conditions or standards of administrative licensing;

(C) approving an administrative license is based on the significant changes in the objective circumstances;

(D) the Act of approving an administrative license is of public interest or significant harm to the development of the insurance industry;

    (E) significant changes in the eligibility of the applicants, conditions, does not meet the statutory requirements or standards of administrative licensing.

35th under any of the following circumstances, the China insurance regulatory Commission or agency shall handle the cancellation of an administrative license:

(A) the expiry date of the permit is not renewed;

(B) granted the insurance industry specific qualifications, of the death or incapacity of the citizen;

(C) the licensed legal entity or organization is terminated according to law;

(D) administrative license revocation of administrative licensing qualification is revoked, withdrawn or;

    (E) the implementation of administrative licensing matters cannot be due to force majeure.

    Article 36th term of implementation of the administrative license as provided herein to working days, excluding holidays.

    37th article of the rules take effect on July 1, 2004.

Annex: administrative licensing activities records
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