Provisions On Administration Of Insurance Agents

Original Language Title: 保险营销员管理规定

Read the untranslated law here: https://www.global-regulation.com/law/china/160571/.html

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(April 6, 2006, China insurance regulatory Commission promulgated as of July 1, 2006, 2006 3rd) Chapter I General provisions article in order to standardize the insurance marketing marketing campaign, maintaining market order, protect the lawful rights and interests of policyholders and insured persons, promote the healthy development of the insurance industry, these provisions are formulated.
    Article insurance salesman in these rules refers to the China insurance regulatory Commission (hereinafter referred to as the China insurance regulatory Commission) issued a certificate of qualification, for insurance companies to sell insurance products and services, and to charge a fee or Commission.
    Article marketing activities in these rules refers to the insurance agents authorized by the insurance company for insurance product sales and related service activities.
    Fourth insurance company in these rules refers to the insurance regulatory authority approved the establishment, and legally registered commercial insurance company and its affiliates.
    Fifth China insurance regulatory Commission authorized by the State Council, insurance salesmen to perform supervisory duties.
    Agency of the China insurance regulatory Commission, the China insurance regulatory Commission exercises its powers within the scope of authority.
    Sixth chapter entitled management personnel engaged in marketing activities should be in China through the China insurance regulatory Commission for insurance agents qualifying examination (hereinafter examination), achieved the certificate of qualification of employees of insurance agents (hereinafter referred to as the certificate of eligibility).
    Seventh of the certificate of qualification is the CIRC has engaged in marketing activities to personal qualifications identified.
    The qualifications uniformly printed by the China insurance regulatory Commission.
    Article eighth taking qualifying examinations staff should have a junior or above.
    Nineth entered for the examination staff shall submit the following materials: (a) the insurance agent professionals qualification examinations application form, (ii) copy of the identity document, (iii) copies of degree certificates; (d) the last 3 months 3 two-inch bareheaded coloured photos (v) handwritten signatures without the circumstances prescribed in the provisions of article 11th statement.
    Through the collective registration of insurance companies, the insurance company shall verify the application materials submitted by the candidates.
    Article tenth qualifying examination, possess the following qualifications and without the circumstances prescribed in the provisions of article 11th personnel, since test scores published in the 20th, CIRC shall issue the certificate of eligibility: (I) has full civil capacity, (ii) good.
    11th article has following case one of of personnel, not issued qualification certificate: (a) for deliberately crime was sentenced to penalty, implementation expires not over 5 years of; (ii) for fraud, not integrity behavior by administrative punishment not over 3 years of; (three) was financial regulatory institutions announced in must term within for industry ban into who, ban into term still not expires of. 12th the certificate is valid for 3 years, calculated from the date of issue.
    Holders should apply for renewal before expiration of validity of the qualification certificate of the 30th.
    13th article application renewal qualification certificate, holds people should has following conditions: (a) annual accept follow-up education time cumulative many Yu 36 hours, which accept insurance legal knowledge, and ethics and integrity education time cumulative many Yu 12 hours; (ii) Qian 3 years within not for fraud and serious financial, and insurance illegal violations behavior by criminal or administrative punishment; (three) no deliberately not perform amounts larger personal debt of behavior.
    14th article application renewal qualification certificate, holds people should make restore qualification certificate, and submitted following material: (a) insurance agent practitioners qualification certificate renewal application table; (ii) Qian 3 years within annual accept follow-up education situation of about proved; (three) recently 3 months positive Hat small two inch color photos 2 Zhang; (four) autograph signature no 13th article subsection (ii) items and subsection (three) items provides case of personal statement. Section 15th of the holder to apply for renewal of the certificate of eligibility, CIRC shall from the date of accepting an application for renewal in the 20th, the decision to approve or not to approve.
    Approved renewal, issue a new certificate of qualification and decided not to reissue, shall state the reasons in writing.
    16th article qualification certificate of registration items are changed, the holder shall take the proof of change material and original of the certificate of eligibility, to go through the relevant procedures of the Circ. The damage affect the use of the certificate, the holder may apply to the China insurance regulatory Commission replaced.
    Holder to request replacement of the CIRC, shall submit the certificate of eligibility was destroyed the originals. The qualification certificate of the lost, the holder should notice in the CIRC on the specified media and websites.
    Holder to apply for a replacement of the CIRC, shall submit a signed statement of loss and loss notice is published evidence.
    Circ shall from the date of acceptance of such application in the 20th, to alter, replace or reissue.
    17th the kept by the holder of the certificate, insurance companies and other organizations and individuals of the qualification certificate shall not be withheld for any reason.
    18th article of the qualification certificate of the following circumstances, the CIRC will be cancelled: (a) shall not issue a, (ii) revoked.
    Chapter outreach registration article 19th belongs shall be obtained the qualification certificate of the holder of the insurance company issuing the insurance marketing business development certificate (hereinafter certificate of exhibition industry), before engaging in marketing activities.
    Belongs to the insurance company referred to in the preceding paragraph refers directly with insurance salesmen and sign an agency agreement, authorize on behalf of insurance companies engaged in marketing activities.
    Article 20th business certificate of insurance salesmen being engaged by an insurance company on behalf of its marketing activities in insurance certificate.
    Insurance agent professionals practising certificate has been made, the insurance brokerage practitioners practising certificate or certificate of insurance adjuster practitioners practicing personnel shall not be eligible for the certificate of exhibition industry.
    Article 21st of the exhibition business card produced by the China insurance regulatory Commission.
    Insurance issued to the holder of the certificate before the certificate of exhibition industry, should be handled at the local insurance industry association of the holders of the certificate of business registration.
    The business card management system and audit system shall be separately formulated by the Circ.
    22nd insurance companies only to obtain the qualification certificate and insurance associations registered staff of the business card.
    23rd article insurance marketing member to belongs insurance company application received exhibition industry card, should submitted following material: (a) insurance marketing Member exhibition industry card application table; (ii) identity proved file copies; (three) qualification certificate copies; (four) insurance marketing member training certificate copies; (five) recently 3 months positive Hat small two inch color photos 1 Zhang.
    Insurance companies shall verify the material submitted by the insurance salesman.
    24th article exhibition industry card should including following content: (a) name, and gender, and identity proved and the number; (ii) qualification certificate number; (three) exhibition industry card number; (four) business range and sales regional; (five) insurance company name; (six) insurance marketing member number; (seven) insurance company, and insurance industry association complaints phone; (eight) sent card date and validity.
    The business card of business and sales area is not beyond the permit belongs to the insurance company's business scope and business area.
    25th article of the certificate of change of registered particulars in the exhibition industry, the respective insurance Association of insurance shall be submitted for registration procedures.
    26th article of the business card is lost or damaged effects using the respective insurance company to reissue or replacement.
    27th article insurance marketing Member has following case one of of, should will exhibition industry card returned belongs insurance company, insurance company should timely to insurance industry association cancellation the insurance marketing member of exhibition industry card registration: (a) and belongs insurance company lifted delegate agreement of; (ii) exhibition industry card not through annual audit of; (three) qualification certificate was cancellation of.
    Fourth chapter business management article 28th insurance agents insurance marketing activities shall abide by the laws, administrative regulations and the relevant provisions of the China insurance regulatory Commission.
    29th insurance salesmen should be in their respective insurance companies engaged in marketing activities within the scope of authority, and consciously accept their insurance company management, fulfilment of obligations stipulated in the trust agreement.
    Article 30th insurance agents insurance marketing activities, shall produce the certificate of exhibition industry.
    31st insurance salesmen should be objective, comprehensive and accurate disclosure of information on insurance products and services to customers, customers should be expressly stated exclusions, uncertainty in the insurance contract, health insurance waiting period, surrender and other important information.
    Article 32nd insurance salesmen selling participating insurance, investment-linked insurance, universal life insurance and other insurance products shall expressly inform the customer that the deduction of such products and prompt investment risk of buying such products.
    Article 33rd insurance marketing, insurance policies and other important documents should be handed over to the policyholder or the insured signed confirmation.
    34th insurance salesmen may not be illegal to engage in insurance business, insurance intermediary business, institution or individual insurance business.
    35th insurance salesmen Transact insurance business on behalf, not at the same time with two or more insurance companies signed a trust agreement. 36th article insurance marketing member engaged in insurance marketing activities, shall not has following behavior: (a) do false or misleading sex description, and publicity; (ii) unauthorized printed, and issued, and spread insurance products publicity material; (three) on different insurance products content do not fair or not completely compared; (four) hide and insurance contract about of important situation; (five) on insurance products of bonus, and surplus distribution or future not determine returns made beyond contract guarantee of commitment;

    (Six) on insurance company of financial status and paid capacity made false or misleading sex statement; (seven) using administrative punishment results or fabricated, and spread false facts, denigrated other insurance company, and insurance intermediary institutions or personal of reputation; (eight) using executive force, and industry advantage status or career convenience and other not due means forced, and lure or limit policyholders made insurance contract; (nine) give or commitment give policyholders, and was insurer or beneficiaries insurance contract provides yiwai of other interests; (10) to policyholders, and was insurer or beneficiaries charged premium yiwai of costs; (11) hinder policyholders perform truthfully told obligations or induced its not perform truthfully told obligations; (12) without insurance company agreed or authorized unauthorized change insurance terms and premium rate; (13) without insurance contract party agreed or authorized unauthorized fill in, and change insurance contract and file content; (14) without policyholders or was insurer agreed, instead of or instigated others instead of policyholders, and Was insurer signed insurance single card and the related important file; (15) induced, and instigated policyholders terminated, and gave up effective of insurance contract, purchase new of insurance products, and damage policyholders interests; (16) leaked policyholders, and was insurer, and beneficiaries, and insurance company of commercial secret or personal privacy; (17) beyond exhibition industry card contains ming of business range, and sales regional engaged in insurance marketing activities; (18) misappropriated, and interception, and occupation premium, and insurance reparations or insurance; (19) collusion policyholders, and
    The insured or a beneficiary defrauds insurance money or insurance payouts (20) forging, altering, transferring the certificate or the certificate of exhibition industry (21), privately printed, forged, altered, profiteering, conceal, destroy, insurance documents, (22) China insurance regulatory Commission under other acts that disturb the market order.
    37th CIRC on designated media and disclose insurance salesmen on the website of the certificate, the certificate of exhibition industry information, as well as insurance salesman's credit record.
    The fifth chapter pre-job training and continuing education article 38th insurance marketing applications for a business card, annual review of the business card and issue a certificate of qualification, and shall meet the requirements of the China insurance regulatory Commission about pre-service training and follow-up education conditions.
    Pre-job training refers to the insurance agents engaged in marketing activities for the first time ahead of the cross, by the China insurance regulatory Commission approved training organization of professional training.
    Continuing education refers to the insurance agents engaged in marketing activities during the year, organized by the China insurance regulatory Commission approved training institutions of professional training.
    39th an insurance salesman before first engaged in marketing activities, today shall be subject to not less than 80 hours of pre-service training, which accepts insurance law knowledge, work ethic and honesty education time shall not be less than 12 hours.
    40th insurance agents insurance marketing activities per year not less than 36 hours of continuing education shall be subject to the cumulative, which accepts insurance law knowledge, work ethic and honesty education time shall not be less than 12 hours. 41st insurance company shall, before January 31 of each year, to the China insurance regulatory Commission to submit its annual report on training.
    Reports should include the year pre-service training and follow-up education content, ways and times, and this year's training program.
    42nd insurance salesmen should be produced by the China insurance regulatory Commission on your certificate of insurance marketing personnel training.
    Article 43rd on the sixth chapter of the insurer's management responsibility insurance may not authorize without obtaining the certificate of qualification personnel engaged in marketing activities.
    Commissioned insurance agents insurance marketing activities of insurance companies, and insurance salesmen should be under a written trust agreement, trust agreement shall not exceed the insurance company's business scope of the authorization and business area.
    44th insurance agents based on the behavior of authorized insurance activities of the insurance company by insurance companies accountable.
    Insurance salesmen in the insurance marketing campaigns beyond the mandate in the process, the insured person has reason to believe that the proxy and enter into an insurance contract, the insurance company shall be liable for insurance, but insurance companies shall be subject to unauthorized insurance salesmen responsible.
    45th insurance company shall strengthen the training and management of insurance agents, improve professional ethics and quality of insurance salesmen, not instigate, misleading activities in breach of fiduciary duty insurance salesman.
    Insurance companies shall publish the information insurance salesmen commissions or fees for advertising, not to purchase insurance products as a condition for become insurance salesmen.
    46th insurance company insurance agents should be organized to participate in pre-job training and continuing education training.
    Commissioned insurance agents insurance companies sell life insurance products, insurance salesman should be specially trained.
    47th insurance companies shall establish sound insurance agents management system and insurance marketing management, timely, accurate and complete registration insurance agents basic information, training, education, business, reward and punishment, and so on.
    Insurance insurance marketing personnel training should be responsible for the legitimacy and authenticity of the content.
    48th insurance salesman was sentenced for intentional crimes, or illegal economic activities subject to administrative penalties or industry self-regulatory organizations dispose of, belongs to the insurance company knows that the date should be within the 5th report to the China insurance regulatory Commission.
    49th insurance insurance agents insurance marketing activities of the company in violation of disciplinary action, 5th report to the local insurance industry associations within.
    The seventh chapter legal liability article 50th to apply for qualification examinations false exam registration materials available to the inadmissible to apply for the exam or declared invalid, the applicant shall participate in the examination in 1 year.
    51st taking qualifying examinations of people cheating, disturb the order of exam discipline violations, such as an exam, cease its continued to take the test, announced its test scores are invalid, the applicant shall participate in the examination within 3 years constitutes a crime, criminal responsibility shall be investigated according to law.
    52nd holders of the certificate of eligibility on behalf of others taking qualifying examinations, or assisting others in the qualification, participation, organization of cheating in the exam, the China insurance regulatory Commission warning and fines of between 10,000 yuan.
    53rd of the qualification of the applicant to hide relevant information or provides false information to apply for a certificate, CIRC inadmissible or not to issue the certificate of eligibility, and give a warning; the applicant within 1 year of the qualification certificate shall not be again applied to the China insurance regulatory Commission.
    54th the holder of the certificate by fraud, bribery or other improper means to obtain the certificate of eligibility, the China insurance regulatory Commission revoked and revoke their certificate of qualification and give a warning; the holder of 3 years shall not apply to the China insurance regulatory Commission certificate of qualification.
    55th insurance agents in violation of the provisions of article 29th to article 36 of, given by the CIRC warned, fined 10,000 yuan fine. 56th insurance organization, participation, assistance insurance salesmen cheat, given a warning by the CIRC, and fines of between 30,000 yuan; the insurance company senior managers directly responsible and other persons, shall be ordered to replace, and a fine of 10,000 yuan fine.
    Constitute a crime, shall be investigated for criminal responsibility by judicial organs. Article 57th delegate did not obtain the certificate and the certificate of business personnel engaged in marketing activities, pay their fees or commissions, by the China insurance regulatory Commission ordered corrective action and given a warning and a fine of up to 30,000 yuan; the insurance company senior managers directly responsible and other persons given a warning and a fine of up to 10,000 yuan.
    In serious cases, be ordered by the China insurance regulatory Commission replaced the insurance companies directly responsible for senior managers and other responsible personnel, and the establishment of its branch offices to apply for no permission.
    58th by an insurance company in violation of the provisions of article Nineth, 17th, 22nd, 23rd, 25th, 27th, 43rd, 45th to 49th article, by the China insurance regulatory Commission ordered corrective action and give a warning, and a 30,000 yuan fine; the insurance company directly to senior management staff and other persons responsible for and give a warning, and a 10,000 yuan fine.
    Eighth chapter supplementary articles article 59th CIRC to the insurance salesman in rural areas of the qualification and the industry otherwise provided in the certificate, to apply its provisions.
    Circ granted directly otherwise provided in the certificate of qualification, to apply its provisions.
    60th on pre-service training and continuing education training institutions under reference to the implementation of the interim measures for the continuing education of employees of insurance intermediaries.
    61st the materials required in these provisions, the Chinese text shall prevail.
    62nd article of the CIRC is responsible for interpretation and amendment.
    63rd the provisions in the relevant period divided by years, months, and other, are based on working days, excluding holidays.
    64th of these provisions come into force on July 1, 2006. Annex a: insurance agent practitioners Qualification exam registration table annex II: insurance agent practitioners qualification certificate renewal application table annex three: insurance agent practitioners qualification certificate (change, and replaced, and replacement) application table annex four: insurance marketing Member exhibition industry card application table annex a: insurance agent practitioners Qualification exam registration table = number:----– –------(years times) ┌-the-the ┬-the-the-the-the-the-the ┬-the-the-the ┬-the-the ─┬──────┬────┬───┬──┬─────┐
│姓名│            │ 性别 │      │  出生日期  │        │ 民族 │    │          │

├──┴──────┼───┴───┴──────┴─┬──┴┬──┴──┤          │
│ 身份证件名称号码 │                                │ 学历 │          │          │
├─────────┼────────────────┴───┴─────┤          │
│     毕业学校     │ │          │
├─────────┼──────────────────────────┤    照    │
│     通讯地址     │                                                    │          │
├─────────┼──────────────┬───────                      ────┤    片    │
│                  │            个人            │                      │          │
│     报名方式     ├──────────────┼───────────┤          │
│                  │  集体(注明拟属保险公司)  │ │          │
├─────────┼──────────────┼────┬──────┤          │
│     联系电话     │                            │ 邮 编  │            │          │
├─────────┴──────────────┴────┴──────┴─────┤
│    本人同意将考试报名和《保险代理从 Qualification certificate of disclosure to the China insurance regulatory Commission │ │, insurance associations and their designated institutions, as the data verification and duty purposes. I agree the │ │ the insurance agents who disclose personal information to your certificate of membership specified by the China insurance regulatory Commission on the relevant social media │ │ as public queries.                                                                      Declare. │
│                                                                                    │
│            申请人签名:                 年    月    日                             │
├───────┬─────────────────────────────────
┤││-(A) for an intentional crime is sentenced, execution expires not more than 5 years │ │ │ () No () │ │ shut │ (b) dishonest behavior subject to administrative punishment for cheating is not more than 3 years ¦ │ │ () No () │ │ │ (c) is within a certain period for the industry, financial regulators announced ban, ban period has not yet expired.    │
│      声      │                         有(    ),无(    )                     │
│      明      │                                                                    │
│              │申请人签名:                 年                                                                    月    日                         │
├───────┼──────────────────────────────────┤
│              │经办人签字:                                                        │
│ 考点审核意见 │ │││ Years day │ └-the-the-the-the-the-the-the ┴-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┘ =tbl/> Note: 1, and ID Ming and degree proved copies attached in this table back; 2, and registration number Qian 1-4 bit for institutions unified code

    And 5-10 for the registration officers after serial order number.                          附件二:保险代理从业人员资格证书换发申请表
=
┌───┬────┬───┬───┬─────┬──────┬───┬───┬─────┐
│ 姓名 │        │ 性别 │      │ 出生日期 │            │ 民族 │      │          │
├───┴────┼───┴───┴─────┼──────┼───┴───┤          │
│身份证件名称号码│ │    学历    │              │    照    │
├────────┼─────────────┼──────┼───────┤          │
│    通讯地址    │                          │    联系    │              │    片    │
├────────┼─────────────  ┤            ├───────┤          │
│    邮    编    │                          │    电话    │              │          │
├────────┼─────────────┼──────┼───────┴─────┤
│    证书编号    │                          │  发放时间    │                          │
├────────┼─────────────┴──────┴─────────────┤
│    所属公司    │                                                                    │
├────────┴──────────────────────────────────┤
│ I agree the exam registration and insurance agent practitioners qualification certificate of disclosure for the China insurance regulatory Commission, │ │ specified by the insurance industry associations, and agencies, as the data verification and duty purposes. I agree that the certificate of insurance agents in China Chinese │ │ disclose personal information to related social media designated by the China insurance regulatory Commission, as a public use.                                                                              │ │ This statement. │
│                                                                                      │
│           申请人签名:                年    月    日                                 │
├────────┬────────────────────────────           ------┤││ (A) the annual continuing education in the first 3 years of no less than 36 hours, which accepted insurance law │ │ │ education, professional ethics and integrity the cumulative time of not less than 12 hours │ │ Guan │ is () No ()                          │ │ │ (B) is not within the first 3 years for fraud and serious financial or insurance violations subject to criminal or administrative penalties │ │ │; is () No () │ │ │ (c) intentional failure to perform a large amount of personal debt-free.                     │
│       明       │                                   是(    ),否(    )           │
│                │                                                                    │
│                │申请人签名: 年    月    日                     │
├────────┼──────────────────────────────────┤

│   审核人签名   │                                                                    │
│                │                                                                    │
│                │      年    月    日                     │
└────────┴──────────────────────────────────┘
=tbl/>

    附件三:保险代理从业人员资格证书(变更、更换、补发)申请表
=
┌───┬────┬───┬───┬─────┬──────┬───┬───┬─────┐
│ 姓名 │        │ 性别 │ │ 出生日期 │            │ 民族 │      │          │
├───┴────┼───┴───┴─────┼──────┼───┴───┤          │
│身份证件名称号码│                          │    学历    │              │    照    │
├────────┼─────────────┼──────┼───────              ┤          │
│    通讯地址    │                          │    联系    │              │    片    │
├────────┼─────────────┤            ├───────┤          │
│    邮    编    │                          │    电话    │                                                                    │          │
├────────┼─────────────┼──────┼───────┴─────┤
│    证书编号    │                          │  发放时间  │                          │
├────────┼─────────────┴──────┴─────────────┤
│    所属公司    │                                        │ ├--------┼----------------------------------------------┤││ I am an insurance agent practitioners qualifications (content changed, damaged or lost), applications (│││ to change, replace, replacement) qualification.                │
│    有关事项    │                                                                    │
│      说明      │                                                                    │
│                │                            申请人签名:                            │
│                │                                             年    月    日         │
├────────┼───────────────┬──────────────────┤
│                                    │          变更前情况          │             变更后情况             │
│       变       ├───────────────┼──────────────────┤
│       更       │                              │                              │
│       事       │                              │                                    │
│       项       │                              │                                    │
│       说       │                                    │                                    │
│       明       │                              │                                    │
│                │                              │                                                                    │
├────────┼───────────────┴──────────────────┤
│                │                                                                    │
│   审核人签名   │

    │
│                │                                           年    月    日           │
└────────┴──────────────────────────────────┘
=tbl/>
    注:请将相关证明材料附在申请表后。 附件四:保险营销员展业证申请表
=
┌───┬─────┬───┬─────┬────────┬───────────┐
│ 姓名 │          │ 性别 │          │  身份证件名称  │                      │
│      │          │      │          │      号码      │                      │
├─── ┼─────┼───┼─────┼────────┼───────────┤
│ 学历 │          │ 民族 │          │  《资格证书》  │                      │
│      │          │      │          │    编    号    │                      │
├───┴─────┴───┴─────┴─────                                --┴-----------┤ │ Agreed to my business card information and credit records of information disclosure for the China insurance regulatory Commission │ │ specified by the Association and its bodies, insurance industry, as the data verification and duty purposes.                                          │ │ Agreed to my business card information and integrity of personal information disclosure of records to the China insurance regulatory Commission │ │ specified related to social media, as a public use.                                                                  │ │ Declare.                                │
│                                                                                │
│                                                                                │
│    申请人签字:                  年    月    日                                    │ ├ And ┬------------------------------------------------│ │ ┤ (a) did not sign an agency agreement with other insurers; │ │ │ people (b) is not served on the professional insurance intermediaries.    │
│  声  │                                                                        │
│  明  │                       申请人签字:                年    月    日       │
├───┼────────────────────────────────────┤
│      │            (A) in China has passed the insurance agents qualifying examination, and obtained the certificate of qualification.                           │ │ │ Insurance Yes () No () │ │ │ (b) receive pre-job training up to 80 hours, which accepts insurance law knowledge, work ethic and honesty to teach │ │ │ audit time of not less than 12 hours. 是(  )  否(  )       │
│ 意见 │                                                                        │

│      │       审核人签名:                       年    月    日                │
└───┴────────────────────────────────────┘
=tbl/>
                                                                              

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