Advanced Search

Major Emergency Handling Of Insurance Provisions

Original Language Title: 保险业重大突发事件应急处理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(2003, 3rd of December 18, 2003, the China insurance regulatory Commission announced as of February 1, 2004) Chapter I General provisions article in order to be effective prevention, timely response to major emergencies of the insurance industry (hereinafter "major emergencies"), to maintain social stability to ensure normal operation of the insurance industry, timely implementation of economic compensation and social management functions, these provisions are formulated.
    Major incidents referred to in the provisions of article, refers to the associated with the insurance industry, all of a sudden happened, could seriously affect or endanger the insurance industry the normal run, solvency and stability of natural disasters, major accidents and other insurance supervision authority shall take emergency mechanism of major incidents.
    Third article China insurance supervision Management Committee (following referred to "China CIRC") for major burst event emergency processing of competent organ, is responsible for Guide China Circ sent institutions (following referred to "CIRC sent institutions"), and insurance company established major burst event emergency report system and developed major burst event emergency plans (following referred to "report system" and "emergency plans"), is responsible for supervision, and check Circ sent institutions, and insurance company major burst event of prevention, and report and emergency processing work.
    The fourth China insurance regulatory Commission, the China insurance regulatory Commission agency, insurance company and insurance company-owned branches (hereinafter the "units") shall follow the principle of prevention first, standing, align leadership and graded responsibility, response time, measures in place, the principle of enhanced cooperation, combined with the unit or local conditions, lawfully, scientifically and rationally establish reporting systems and develop contingency plans.
    The fifth insurance agency of jurisdiction should be combined with the actual situation and is responsible for directing area insurance company branches established reporting systems, contingency plans and to supervise and inspect the insurance company branches within the jurisdiction to deal with major emergencies prevention, reporting and emergency response work.
    Sixth insurance company shall, according to the actual situation and is responsible for directing their branches established reporting systems and develop contingency plans, management and coordination of their respective branches handle major emergency treatment.
    Article seventh units should strengthen the early warning and monitoring of major emergencies.
    Circ supports insurers and insurance agencies to establish emergency warning and monitoring and reaction system, emergency technical exchanges and cooperation.
    Chapter II reports eighth-and information Office of the China insurance regulatory Commission Circ standing bodies dealing with emergency information, responsible for insurance agencies, insurance companies, major incident information reported receiving and processing work.
    Insurance agencies, insurance companies and their branches shall be in the reporting system, define its Office or the General Administration for the specialized, responsible for major incidents reported.
    Nineth major incident occurred, insurance agencies, insurance companies and their branches shall take the initiative to implement the reporting system. X article meet following provides case one of of major burst event, CIRC sent institutions, and insurance company should timely to China Circ Office report: (a) occurred flood, and typhoon, and earthquake, serious of natural disasters or major fire, and production, and traffic security, serious accidents, caused insurance property loss 50 million Yuan above or personal casualties lost pay 30 million Yuan above of; (ii) occurred group disease, and major food poisoning, public health event, caused major social effect,
    May raised big area insurance claims of; (three) insurance company cash flow appeared paid crisis, or paid capacity suddenly deterioration may led to bankruptcy of; (four) insurance company computer systems occurred systemic fault, caused large customer data information lost; (five) 100 name above of policyholders or insurance marketing Member collective petition, and sit or take other radical behavior, or although insufficient 100 people but effect bad of; (six) 100 name above policyholders collective back insurance or prosecution insurance company of; (Seven) insurance company in bearing insurance or funds using process in the occurred serious illegal violations behavior, was news media and public widely concern of; (eight) foreign insurance company outside mother company appeared serious crisis, serious effect its in China territory business carried out of; (nine) insurance company senior management personnel suddenly collective resigned, and missing, and occurred major accident accident or suspected crime was judicial organ take forced measures of; (ten) other serious endanger insurance, or and insurance related of, and on social effect big, and
    High degree of hazard of major emergencies.
    Culture major emergencies and the scope of the standard, set by the insurance agencies according to the situation on the ground.
    11th major emergencies outside the General reports of major accidents, in accordance with the relevant regulations by the Circ.
    Report on major emergencies under the State Council, reporting units shall in accordance with the relevant regulations.
    12th major incidents reported should include the following main elements: (a) big time, nature and scope of the incident; (b) effect on insurance company has caused or threatens to cause loss or (iii) have been, or emergency response measures to be taken and (iv) other reports.
    13th after a major emergency, insurance companies should report to the General Office of the China insurance regulatory Commission at the first major emergency situations and developments and of the supplementary report at any time to verify the situation.
    Insurance company shall, according to the specific circumstances of major emergencies, and promptly report to the local government and related departments.
    14th after the occurrence of major emergencies, and branches of insurance companies should be in accordance with the provisions of article 11th reporting requirements, timely reports to the head office, and where the report insurance agency.
    15th insurance agency after receiving the insurance branch report, shall communicate information with related departments, to know more about major events, summary after the incident report to the General Office of the China insurance regulatory Commission, and supplementary reports of major events at any time of the nature, extent and developments.
    Insurance Agency shall, in accordance with the nature and extent of the emergency, to the local provinces (municipalities) people's Government report.
    16th Circ in accordance with developments in major emergencies, some or all of the local Office of the China insurance regulatory Commission, insurance companies are required to implement the reporting system.
    17th insurance agencies, insurance companies and their branches reporting system is the Chief person responsible.
    18th insurance agency, insurance company and its subsidiaries should seek truth from facts to report major unexpected events, may conceal, delaying the report false.
    19th major incident occurred, China insurance regulatory Commission, the relevant insurance agencies, insurance companies imposed on emergency information dissemination system. Information published should be designated spokesman, unified public information.
    Someone else without permission are not allowed to release the information.
    Information should be timely, accurate and comprehensive.
    20th China insurance regulatory Committee according to the emergency severity and developments, decide whether to report to the State Council.
    Chapter III emergency response plan and emergency preparedness units of the 21st major emergencies emergency response command structure should be established, command authority should carry out the accountability of Heads of unit.
    22nd units shall establish stringent emergency prevention and emergency response system to develop strict emergency, ensuring that emergency work normal.
    23rd emergency response plan for an insurance company branch office should be reported owning company, while local insurance agencies; insurance agencies, insurance companies, emergency plans should be reported to the China insurance regulatory Commission.
    China insurance regulatory Commission is responsible for the development of China's insurance industry emergency response plan for major incidents and released.
    24th insurance company and its branch of the emergency mechanisms and contingency plans is an important part of the internal control system, local Office of the China insurance regulatory Commission, the China insurance regulatory Commission shall conduct supervision and inspection.
    25th article units emergency plans should including following content: (a) major burst event emergency processing command institutions of composition and related sector duties; (ii) major burst event of monitoring and warning; (three) major burst event of prevention and emergency prepared; (four) major burst event information collection, and analysis, and report system; (five) major burst event of grading and emergency processing work programme; (six) other should including of content.
    26th units should be based on significant incidents and problems found in the implementation, timely amendment of emergency plans, enrich the content of emergency plans, improve emergency operation.
    Units of the 27th communication mechanism should be established to coordinate with the relevant departments, set up emergency monitoring and early-warning information network, ensuring that emergency early discovery, early reporting, early treatment, try to avoid or minimize losses due to major emergencies.
    Units of the 28th major emergency drills should be carried out and the strengthening of emergency personnel training, improve emergency response capabilities, look for deficiencies and loopholes in the emergency, ensuring that after the dramatic events of the normal development of the emergency work.
    Emergency response plan for the fourth chapter of start, stop and emergency processing of the 29th received the Office of the China insurance regulatory Commission Circ agencies, insurance companies, major incident reports, shall organize the relevant departments to check and confirm the major emergencies, to the relevant units understand Advisory major events, comprehensive assessment and analysis of relevant information, put forward opinions, Chairman of the China insurance regulatory Commission is in charge of the report.
    30th at the General Office of the China insurance regulatory Commission deems necessary, should recommend to the Chairman of the China insurance regulatory Commission to start emergency response plan for major emergencies of the CIRC, Chairman of the China insurance regulatory Commission to decide whether to activate contingency plans.
    31st, Chairman of the China insurance regulatory Commission according to the development trend of major emergencies, and decide whether to set up a major incident and emergency command center (hereinafter the "command center").
    Article 32nd command center is the lead agency responsible for the major emergency handling, accept the unified arrangements of the State Council and coordination.
    Article 33rd commanding Center members include insurance companies, local Office of the China insurance regulatory Commission and China insurance regulatory Commission Department.
    Command center members members of the unit primarily responsible for command centers, according to the command center's commands to work.
    Command center personnel in dealing with major emergencies during travel, going abroad must leave to the command center, without a legitimate reason to leave work. 34th Commandant command center chaired by the Chairman of the China insurance regulatory Commission. Commander when necessary, you can specify a number of Deputy Commander.
    Under special circumstances, CIRC Chairman may appoint a Deputy Chairman to serve as command center Coordinator.
    Bodies working in the Office of the China insurance regulatory Commission is the command center, is responsible for specific services command center. 35th article command center of duties is: (a) collection, and analysis, and released major burst event about information; (ii) survey, and verified, and analysis major burst event; (three) led, and command, and coordination major burst event processing work; (four) proposed disaster, and mitigation, promote insurance stable continued development of policy recommends; (five) necessary Shi can requirements insurance company mobilization funds, and material and deployment related staff; (six) developed major burst event emergency action programme, and enabled insurance guarantees Fund, and
    Catastrophe funds or other special financing options.
    Article 36th Circ decided to start after a major emergency plan, General Office of the China insurance regulatory Commission should timely release relevant information, including: (a) start emergency response plan for the China insurance regulatory Commission, (ii) command center Commander, Deputy Commander, (c) command center members and officers, (iv) command center primary responsibility (v) other matters related to emergency work.
    37th command center Commander depending on the nature of major events, specify Circ departments or personnel emergency response working group, and, if necessary, mobilize officers in emergency work.
    38th command centers can require insurance agency, insurance companies implementing reporting systems and emergency plans.
    39th Circ can be adjusted according to the major events will determine the command center duty, termination of emergency response plan for major emergencies and dissolution of the command center.
    40th after a major emergency, insurance agency under the emergency situation to the China insurance regulatory Commission or the beginning of the emergency command center, or request of the China insurance regulatory Commission, the command center launched emergency response plans.
    41st Insurance Agency launched the emergency plan at the same time, significant emergency command center set up areas under their jurisdiction and responsibilities under the emergency work.
    Insurance Agency of major insurance companies within the unified leadership of the emergency command center area branch offices of major emergencies emergency response work, you can ask the insurance company branches in the area to start reporting systems and emergency plans.
    42nd insurance agency on significant emergency situation, or command center and is subject to approval by the CIRC, terminate the emergency and the dissolution of the local Office of the China insurance regulatory Commission major emergency command center.
    The 43rd after a major emergency, insurance companies or branch offices can be based on significant emergency situation, decide whether to start a major emergency plan, or its parent company, insurance agency, the CIRC or command center requirements to activate the emergency plan.
    44th after launching emergency insurance companies or branch offices shall be strictly in accordance with the emergency plan the emergency requirements, at any time, command centers, the China insurance regulatory Commission CIRC to send bodies major emergency command center or local Office of the China insurance regulatory Commission report on its work.
    45th insurance companies or branch offices can be considered major emergency development, reported by the China insurance regulatory Commission, the command center or a local insurance agency agreement, termination of emergency and dissolution of the emergency agencies.
    Article 46th report system and start the emergency units of major emergency 24-hour duty system should be made to ensure that after the occurrence of major emergencies and information flow to ensure promptly, and views.
    47th article after a major emergency units in major emergencies emergency agencies should strengthen communication with the media timely and unified publishing-related information.
    48th on units and individuals in violation of these provisions, in accordance with the relevant provisions of the CIRC and its local agencies to punishment.
                                                                                                                          The fifth chapter supplementary articles the 49th article of the regulations come into force on February 1, 2004.