The China Insurance Regulatory Commission On Amendments To The China Insurance Regulatory Commission Decision Work Of Letters And Calls

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信访工作办法》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393564.shtml

The China insurance regulatory Commission on amendments to the China insurance regulatory Commission decision work of letters and calls

    (July 4, 2013, China insurance regulatory Commission order [2013] 9th number released since November 1, 2013) China insurance regulatory Commission decides on the measures of China insurance regulatory Commission petition work as follows: First, modify the article to "the petition mentioned in these measures refers to citizens, legal persons or other organizations with letters, emails, faxes, phone calls and visits and other forms, to the China insurance regulatory Commission and its agencies reflect the situation, presented with requests for comments, suggestions or complaints related to insurance supervision according to law should be dealt with by the local Office of the China insurance regulatory Commission, or activities.

    ” Addition of a paragraph, as the third paragraph: "the insurance consumer complaints on the application of the measures for the administration of insurance consumer complaint handling. Insurance reporting violations shall be determined separately by the China insurance regulatory Commission.

    ” Second, the article is changed to: "the insurance should adhere to territorial management, graded and responsible work of letters and calls, who's in charge and who is responsible for, according to law, and solve problems in a timely manner the principle of combining education of and guidance.

    ” Three, fourth addition of a paragraph, as the first paragraph: "the China insurance regulatory Commission and its agencies should be scientific and democratic decision-making, and shall perform their duties, from the source to prevent contradictions and disputes that led to petitions.

    ” Article four, the sixth is amended as: "the complainant reflect the situation, suggestions and recommendations, and outstanding contributions to improve insurance supervision, rewards by CIRC in accordance with the relevant provisions.

    ”

    Eighth amendment to article v, the eighth: "(VIII) assist relevant units and departments dealing with insurance related complaint." Six, the tenth article is changed to: "the CIRC and its local agencies should publicize the petition work institution mailing address, electronic mail, faxes, letters and calls telephone, complaint letters and calls reception, such as the time and place-related matters.

    ” Seven, the 12th is amended as: "the China insurance regulatory Commission and its agencies should establish and improve the insurance system of letters and calls, for the complainant to query letters and visits a matter of convenience.

    ” Eight, 14th paragraph modified as follows: "the complainants submitted petitions shall, in General, by letter, e-mail, fax and other written forms, and shall record the complainant's name or company name, address and contact information. Complaint with the complainant requested, shall clearly state the complaint unit, also the name of the person or name, complaint, facts and reasons for the request, accompanied by relevant supporting documents.

    ”

    Ninth, 18th article is revised as follows: "(a) the views, advice on insurance supervision".

    By deleting the third, the fourth.

    19th article ten, be modified to read: "(a) comments, recommendations on the area of insurance supervision".

    Second is revised as follows: "(b) objected to the agency responsible for staff outside of the official conduct."

    By deleting the third, fourth, sixth, and seventh.

    XI by deleting article 20th.

    The third to the second item, amended to read: "(ii) reflect the insurance companies and insurance asset management companies, insurance intermediaries of internal management problems".

    Fifth to the fourth item, amended to read: "(d) should be determined by the insurance company or insurance asset management company or insurance intermediary agencies dealing with matters".

    21st article 12, be modified to read: "(iii) reflect the insurance training, practice, flow and disciplinary problems, can be dealt with by the insurance trade association".

    13, by deleting the 24th sixth.

    Paragraph two of article 14, 25th, as the second and third paragraphs: "People in dealing with complaint letters and visits the same complaint has been accepted within the time limit proposed new facts and reasons need to be verified, can be combined.

    Petition processing period from the China insurance regulatory Commission or agency recalculated from the date of receipt of the materials, and advise the complainant in writing. "The complaint has been concluded, no new facts and reasons for complainant again raised the same complaint, agency of the China insurance regulatory Commission or inadmissible.

    ”

    Section XV, the 27th is amended as: "the CIRC and its local institutions should develop the insurance industry a major complaint reporting system and emergency plan, increase the intensity of the disposal of grave and urgent petitions, and duties according to law, to take timely measures to prevent adverse effects, expanded. "Complaint and petition may cause significant social impact information, agencies shall promptly report to the China insurance regulatory Commission and the local people's Government, and in accordance with the relevant provisions and emergency requirements to take urgent measures to prevent the escalation of incidents.

    ”

    Article 16, by deleting 29th.

    32nd article 17, be modified to: "(a) the complainant expressly, the reported content and provide clues to clear, and accompanied by the appropriate documentation, host Department should investigate."

    Paragraph 18, by deleting article 38th. 41st article 19, be modified to: "CIRC and its local agency complaint reporting agency petition materials should be analyzed, and to establish regular reporting system of letters and calls.

    ” Third paragraph amended as: "the Agency complaint reporting agency shall periodically summarize the work of letters and calls, and according to the CIRC's request for a report on the work of letters and calls.

    ”

    20, by deleting section 48th.

    This decision shall take effect on November 1, 2013.

    The China insurance regulatory Commission complaint reporting procedures be revised according to this decision, republished.

    Attached: measures of China insurance regulatory Commission the complaint reporting handling Office 2013 (revised) (May 26, 2005, China's insurance regulatory Commission released 2005 of 1th June 25, 2013, Chairman of the China insurance regulatory Commission Office of the China insurance regulatory Commission on amendments to the China insurance regulatory Commission decided to amend the work of letters and calls)

    Chapter I General provisions

    First in order to regulate the Chinese insurance regulatory Committee (hereinafter referred to as the China insurance regulatory Commission) and its agencies work of letters and calls, maintain insurance violated the order, protecting the legitimate rights and interests of the complainant, in accordance with the petition regulations and other relevant laws, administrative regulations, and these measures are formulated.

    Article the petition mentioned in these measures refers to citizens, legal persons or other organizations with letters, emails, faxes, phone calls and visits and other forms, to the China insurance regulatory Commission and its agencies reflect the situation, presented with requests for comments, suggestions or complaints related to insurance supervision according to law should be dealt with by the local Office of the China insurance regulatory Commission, or activities.

    The complainants in these measures refers to form provided for in the preceding paragraph, reflect the situation, requests for comments, suggestions or complaints of citizens, legal persons or other organizations. Insurance consumer complaints on the application of the measures for the administration of insurance consumer complaint handling.

    Insurance reporting violations shall be determined separately by the China insurance regulatory Commission.

    Insurance article should stick to the territorial management, graded and responsible work of letters and calls, who's in charge and who is responsible for, according to law, and solve problems in a timely manner the principle of combining education of and guidance.

    Fourth China insurance regulatory Commission and its agencies should be scientific and democratic decision-making, perform their duties according to law, from the source to prevent contradictions and disputes that led to petitions.

    CIRC and its local agencies shall establish a unified leadership, coordination, an integrated and responsible insurance petition work, open channels of complaint letters and visits, establish and improve the transfer ban supervision, investigation and mediation, complaint reporting mechanisms such as the joint meeting, resolve contradictions and disputes in a timely manner.

    Head of the CIRC and its local agencies should attach great importance to insurance petition work, adhere to read an important letter for important visitors, listen to the complaint report, study and solve outstanding problems in the work of letters and calls.

    Article fifth CIRC and its local agencies should establish and improve the responsibility system of letters and calls, misfeasance, malfeasance in the petition work, strictly in accordance with laws, administrative regulations and the regulations to hold people accountable.

    CIRC and its local agency petition work performance should be incorporated into the annual staff appraisal system.

    Sixth complainant reflect the situation, suggestions and recommendations, and outstanding contributions to improve insurance supervision, rewards by CIRC in accordance with the relevant provisions.

    Chapter petition work organization and function

    Article seventh work of the petition Office of the China insurance regulatory Commission for the national insurance administration, set up special petition work agencies staffed with full-time staff of letters and calls, responsible for guiding the national insurance petition work, inspection, supervision and assessment. Agency insurance petition work within the jurisdiction of the Office of administration.

    Petition the Agency shall determine the jurisdiction of the Office of insurance institutions and personnel.

    Eighth insurance complaint reporting agency shall perform the following duties:

    (A) receiving, assigned, transferred to the insurance complaint;

    (B) undertake the tasks assigned by the superior authorities, other units or sectors transferred the insurance complaint;

    (C) supervise insurance complaint handling and implementation to verify the important insurance complaint complaints or participate in verification;

    (D) to coordinate the handling of major and urgent insurance complaint;

    (E) supervise and examine the jurisdiction of the local Office of the China insurance regulatory Commission, complaint reporting;

    (F) establishing insurance system of letters and calls, establish petition file repository;

    (G) to conduct research, analyze work of letters and calls, reflecting the insurance problems found in the work of letters and calls, and make recommendations for improving policies and improvements;

    (VIII) assist relevant units and departments dealing with insurance regulation related to the complaint;

    (IX) to help promote the insurance laws, regulations, rules and policies;

    (J) undertaking other petition work on insurance matters.

    Nineth CIRC and its local agencies shall petition work for insurance agencies and staff to provide the necessary conditions of work, set up special petition reception site insurance insurance petition work and personnel business knowledge and training of legal knowledge.
Chapter petition

    Article tenth of China insurance regulatory Commission and its agencies should publicize the petition work institution mailing address, e-mail, faxes, letters and calls telephone, complaint letters and calls reception, such as the time and place-related matters.

    CIRC and its local agencies shall, complaint letters and calls reception site or posted on the website with the laws, rules and regulations relevant to the work of letters and calls, complaint handling procedures, and other matters for the convenience of the complainant. 11th head of Agency shall establish reception day system of letters and calls, heard the complainant reflect the situation on a regular basis, and handle petitions.

    Complainants announced in open houses and heads of Agency of the receiving stations to reflect the complaint face to face.

    12th China insurance regulatory Commission and its agencies should establish and improve the insurance system of letters and calls, for the complainant to query letters and visits a matter of convenience.

    Fourth chapter proposed complaint

    13th complainant under this approach to the China insurance regulatory Commission or agency to submit an insurance complaint. 14th the complainants submitted petitions shall, in General, by letter, e-mail, fax and other written forms, and shall record the complainant's name or company name, address and contact information.

    Complaint with the complainant requested, shall clearly state the complaint unit, also the name of the person or name, complaint, facts and reasons for the request, accompanied by relevant supporting documents.

    The verbal complaint, insurance complaint reporting staff should document the complainant's name or company name, address, contact information and request, facts and reasons. Visit form of complaint, the complainants shall present to the CIRC or its agent designated reception site for registration.

    Many people have used visits to form a common complaint, should be the nominee, on behalf of not more than 5 persons.

    15th the complainants submitted petitions should be objective, responsible for the material that it provides content authenticity, shall not fabricate statements, distort truth, or falsely accuse or frame other persons.

    16th complainant shall abide by the laws and regulations in the process of the petition, and consciously safeguard social and public order and violated the order of insurance shall not be any of the following acts:

    (A) Agency of the China insurance regulatory Commission or office space surrounding the illegal gathering, containment, and impact of the Office space, intercept service vehicle, or blocking, blocking traffic;

    (Ii) threatening, humiliating, beating local Office of the China insurance regulatory Commission, staff, or illegal restriction of personal freedom;

    (C) complaint letters and calls reception places remaining, trouble, or unable to take care of his abandoned in place of complaint letters and calls reception;

    (Iv) incitement, tandem, intimidation, property to entice, behind the petition or the petition in the name of others seized the opportunity to amass wealth;

    (E) carrying dangerous goods, control apparatus;

    (F) disturbing public order, prevent insurance violated the order of other acts. 17th complainant disrupt, obstruct public order and violated the order of insurance, insurance petition can be discouraging, criticism, or education of staff.

    Complainant of violating public security regulations, insurance staff can petition will be handed over to the public security organs according to law.

    Chapter fifth complaint acceptance

    18th Circ in accordance with accepted the following petitions:

    (A) the views, advice on insurance supervision;

    (B) the authority of the CIRC and its staff, heads of agencies and the behavior of objects;

    (Iii) insurance social groups challenged the duties of its staff, or reflect the situation, comments, recommendations, in accordance with the relevant provisions should be handled by the China insurance regulatory Commission;

    (D) other complaint dealt with according to law by the Circ.

    19th sending Agency shall accept the following petitions:

    (A) comments on the area of insurance supervision, advice;

    (B) objection to the agency responsible for staff outside of the official conduct;

    (C) on the area of insurance societies challenged the duties of its staff, or reflect the situation, comments, recommendations, should be dealt with by the Agency in accordance with the relevant provisions;

    (D) the Agency handle the other petitions.

    20th one of the complainants made the following, the China insurance regulatory Commission and its agencies not to accept, but should be transferred to the insurance company or insurance asset management company or insurance intermediary dealing with:

    (A) reflection of the insurance company or insurance asset management company or insurance intermediary staff disciplinary issues, but does not involve the insurance regulatory law provisions, administrative regulations, and the China insurance regulatory Commission;

    (B) reflect the insurance companies and insurance asset management companies, insurance intermediaries of internal management issues;

    (C) interpretation of insurance products as well as the insurance companies and insurance asset management companies, insurance intermediaries management consulting;

    (D) should be determined by the insurance company or insurance asset management company or insurance intermediary agencies dealing with matters.

    21st one of the complainants made the following, the China insurance regulatory Commission and its agencies not to accept, but should be transferred to the insurance industry associations:

    (A) consult the insurance industry association member units and insurance knowledge;

    (B) reflect the insurance industry association of practitioners ethical issues;

    (C) reflect the insurance training, practice, flow and disciplinary problems, can be dealt with by the insurance trade association;

    (D) reflect damage the image of the insurance industry's problems can be dealt with by the insurance trade association;

    (E) the insurance industry association member units, between Member and insurance, insurance and other industries the relationship between can be dealt with by the insurance trade association;

    (Vi) other matters can be dealt with by the insurance trade association.

    22nd article for one of the complainants made the following, the China insurance regulatory Commission and its agencies not to accept, but shall advise the complainant, in accordance with the relevant laws and administrative regulations submitted to the authorities:

    (A) in accordance with the relevant provisions should be dealt with by the other units;

    (B) has or according to law should be resolved through litigation, arbitration, administrative reviews and other legal solutions;

    (C) the State has the complainant reflect the final decision on the issue.

    23rd complaint by complaint reporting institutions accepted.

    24th the CIRC and its local agency complaint reporting agency received a complaint, shall be registered, and to distinguish between, and 15th respectively in the following manner: (A) are part of our scope for complaint, it shall accept vouchers issued by the complainant, and in accordance with the relevant procedures.

    Name, name or address of the complainant is not clear except; (B) the matters specified in this article 22nd, shall advise the complainant in writing in accordance with the relevant laws and administrative regulations submitted to the authorities.

    Materials related to written petition shall be transmitted to the authorities in a timely manner or return the complainants; (C) the matters stipulated in the article 20th and 21st, should be transmitted to the insurance companies and insurance asset management companies, insurance agencies or insurance social groups. The receiving unit shall, in accordance with the China insurance regulatory Commission or agency requiring reporting on acceptance and processing the results.

    Unable to report in a timely manner, the receiving unit should be cause to the local Office of the China insurance regulatory Commission, or in writing; (D) for matters on the article 19th, CIRC shall be transmitted to the relevant agencies. Agency shall, from the date of receipt of the petition transmitted material within 15th admissibility and advise the complainant in writing. Agencies shall promptly report to the China insurance regulatory Commission complaint processing and handling results.

    Fails to settle a complaint, agencies shall promptly provide written explanation of the Circ; (E) matters on the article 18th, agencies should be transferred to the China insurance regulatory Commission.

    Circ shall from the date of receipt of the petition materials transmitted within 15th admissibility and advise the complainant in writing.

    25th the complainant's complaint has been accepted by the Agency, complainants in the processing period within the same complaint to the China insurance regulatory Commission, the China insurance regulatory Commission was inadmissible. People in dealing with complaint letters and visits the same complaint has been accepted within the time limit proposed new facts and reasons need to be verified, can be combined.

    Petition processing period from the China insurance regulatory Commission or agency recalculated from the date of receipt of the materials, and advise the complainant in writing.

    Petitions have been concluded, no new facts and reasons for complainant again raised the same complaint, agency of the China insurance regulatory Commission or inadmissible.

    Article 26th involves two or more agency complaint, accepted by the local Office of the China insurance regulatory Commission to specify a, related agencies cope with handling.

    27th the CIRC and its local institutions should develop the insurance industry a major complaint reporting system and emergency plan, increase the intensity of the disposal of grave and urgent petitions, and duties according to law, to take timely measures to prevent adverse effects, expanded.

    May cause significant social impact of complaint and petition information, agencies shall promptly report to the China insurance regulatory Commission and the local people's Government, and in accordance with the relevant provisions and emergency requirements to take urgent measures to prevent the escalation of incidents.

    Sixth chapter for complaint management and handling

    28th the CIRC and its local staff handling petitions shall ascertain the facts impartially, without prevarication, perfunctory, delay.

    Article 29th Circ Division of labour and its agencies should establish complaint handling rules, clear petitions hosted departments implementation responsibilities, ensure the successful work of letters and calls. Article 30th hosting sector docking ban petitions shall be registered individually, classification shall be followed. For comments, suggestions such petitions should be carefully studied.
To solve the problem and report such complaint shall, in accordance with national laws, administrative regulations and these rules and regulations, organized investigation and treatment.

    Host departments may require the complainant, the organizations and the staff to explain the situation, providing related materials, or directly carry out investigation to verify. Major difficult complaint, hosting departments can hold a hearing. The hearing shall be held in public, through questions, debate, deliberation, collegial manner, ascertain the facts and responsibility.

    Specific hearing procedure shall be separately formulated by the Circ.

    31st belonging to the China insurance regulatory Commission or anonymous complaint of agency scope should be different according to the following procedures:

    (A) the complainant expressly, the reported content and provide clues to clear, and accompanied by the appropriate documentation, host Department should be investigated;

    (B) been reported statements by the complainant or the fuzzy, or lack of clear clues and evidence, hosting departments can act accordingly.

    Article 32nd after investigation and verification, the complaint, host departments shall make the following handling and complaint reporting agency a written reply to the complainant:

    (A) the facts are clear, the petition requests in line with laws, administrative regulations and the relevant regulations of the China insurance regulatory Commission, to support it, and urge the units concerned;

    (B) of the request reasonable but lacked a legal basis, the complainant should be explained;

    (C) request the lack of facts or not in compliance with laws, administrative regulations and the relevant regulations of the China insurance regulatory Commission, not to support it. Article 33rd important petitions to the tasks assigned by the superior authorities, CIRC and its local agency complaint reporting agency shall promptly submit the charge lead or mainly responsible for the instruction and in accordance with the requirement within the specified time limit to submit results.

    Report should be specific, clear, clear the text is accurate, concluding observations. 34th petitions should be concluded within 60 days from the date of acceptance.

    Complex, approved by the head of the unit, and may extend processing time limit, but extend the deadline shall not be later than 30th, and advise the complainant in writing an extension on the grounds. 35th complainants not satisfied with the Agency comments, since the written replies received within 30th of request Circ review.

    Circ shall from the date of receipt of the request for review within the 30th review comments, and reply to the complainant in writing.

    Article 36th work of letters and calls of the CIRC and its local bodies found complaint handling any of the following circumstances shall promptly handling, and recommendations for improvement:

    (A) no justification for not complying with the provisions of the processing time limit originally petitions;

    (B) report on Petitions admissible and not according to stipulations result;

    (C) procedures for complaint not according to stipulations;

    (Iv) handling petitions prevarication, perfunctory, delay and deception;

    (E) does the petition process;

    (Vi) other circumstances that need supervision. 37th shall receive recommendations for improvement of the host department within the 30th to the CIRC or agency the complaint reporting handling petition work agency in writing.

    Did not accept the recommendations for improvement and shall state the reasons in writing.

    38th CIRC and its local agencies to deal with a complaint of the staff and the complaint or the complainant, the complainant has direct interest should be avoided.

    39th on the petition failed to perform their duties, shifted saize, fraud staff the complaint reporting handling Office Agency can recommend their work units or departments to give criticism and education, causing serious consequences, may appeal to the relevant discipline inspection and supervision departments and personnel departments administrative sanctions proposal.

    40th CIRC and its local agency complaint reporting agency petition materials should be analyzed, and to establish regular reporting system of letters and calls.

    For complainants, centered on policy issues, CIRC and its local agency complaint reporting agency shall promptly to higher authorities and the reports of the unit holders and, jointly with relevant departments of in-depth research, to improve policy, proposals for solving the problem.

    Agency complaint reporting agency shall periodically summarize the work of letters and calls, and according to the CIRC's request for a report on the work of letters and calls.

    The seventh chapter legal liability

    41st CIRC and its local agencies to deal with staff did not comply with the confidentiality provisions of the complaint, the complainant to report and expose material or information disclosed to report and expose personnel or units, provided by his or her employer sanctions.

    42nd CIRC and its local agencies to deal with a complaint of the staff and the complaint or the complainant, the complainant has direct interest, not in accordance with these rules to avoid, by their work units shall be ordered to correct serious disciplinary sanction.

    Article 43rd complaint due to one of the following situations occur, resulting in serious consequences, by the China insurance regulatory Commission or agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) exceed or abuse against the legal rights of the complainant;

    (B) the acts and omissions, against the legal rights of the complainant;

    (Iii) error of law or violation of legal procedures against legal rights of the complainant;

    (D) refuse to support petition requests to the executive authorities.

    44th in processing petitions, one of the following circumstances, by the China insurance regulatory Commission or agency ordered corrective action, causing serious consequences, for dealing with a complaint related to the staff shall be given administrative sanctions:

    (A) received a complaint is not required to register and address;

    (B) are part of our scope for complaint was inadmissible;

    (C) failure to advise the complainant in writing, within the time stipulated in the admissibility of petitions;

    (D) the prevarication, perfunctory, delays in complaint processing, fraud or not within the statutory time limit for complaint;

    (E) in dealing with petitions, style rough, may escalate and cause serious consequences;

    (F) the facts are clearly in line with laws, administrative regulations and relevant regulations of the China insurance regulatory Commission petition complaint did not support the request.

    Article 45th China insurance regulatory Commission, the Agency and its staff to the possible social impact of major and urgent petitions and petition information hiding, lying about, and delaying the report, or incite others to conceal, misrepresent, and delaying the report, causing serious consequences, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 46th CIRC and its local agency staff or retaliate against the complainant, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws

    47th to foreigners, stateless persons or foreign organizations involved in commercial insurance for complaint handling, in accordance with the measures implemented.

    Insurance intermediaries in 48th article of the rules, was approved by the China insurance regulatory Commission or agency established by the insurance agency, for concurrent-business insurance agencies, insurance brokerage and insurance assessment institutions.

    49th article of the approach by the China insurance regulatory Commission is responsible for the interpretation. 50th article of the rules take effect on July 1, 2005. March 7, 2002, issued by the China insurance regulatory Commission Circ abrogated petition work methods.