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Measures Of China Insurance Regulatory Commission Visits Work

Original Language Title: 中国保险监督管理委员会信访工作办法

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(May 26, 2005, the China insurance regulatory Commission in 2005 released 1th come into force on July 1, 2005) Chapter I General provisions article in order to regulate the Chinese insurance regulatory Commission (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, visits and other forms, to the China insurance regulatory Commission and its agencies reflect the situation, put forward requests for comments, suggestions or complaints associated with the insurance industry, the 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 petition article work should be guided by the following principles: (a) to protect the legitimate rights and interests of the complainant and (ii) by law, objective, impartial and timely disposition of insurance complaint; (c) is responsible for territorial management, grading, who is in charge and who is responsible for (iv) combining law and educational guidance.
    Fourth China insurance regulatory Commission and its agencies should 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.
    Fifth China insurance regulatory Commission and its 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, comments and suggestions made, insurance supervision to promote reform of the insurance industry, or to protect the legal rights and interests of the insured has made outstanding contributions to, and rewarded by the Circ.
    Specific incentive measures shall be formulated separately by the China insurance regulatory Commission.
    Chapter petition work institutions and responsibilities 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 article insurance petition work institutions should perform following duties: (a) accepted, and assigned by, and transferred insurance petition matters; (ii) hosted superior organ assigned by, and other units or sector transferred of insurance petition matters; (three) supervision insurance petition matters of processing and implementation situation, on important of insurance petition complaints for verification or participation verification; (four) coordination processing major, and emergency of insurance petition matters; (five) Guide and check China CIRC, and sent institutions by's units of petition work;
    (Six) established sound insurance petition system, established petition archives information library; (seven) carried out investigation, analysis insurance petition work situation, reflect insurance petition work in the found of problem, proposed perfect policy and improved work of recommends; (eight) assist about units, and sector processing and insurance related of petition matters; (nine) assist publicity insurance legal, and regulations, and regulations and related policy; (ten) hosted other about insurance of petition work 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.
    Tenth chapter petition channel CIRC and its local agencies should publicize the petition work institution mailing address, electronic mail, fax, telephone, complaint letters and calls reception, time and place of progress and results of the query, complaint handling and other 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. The 11th heads of agencies should establish reception day system of letters and calls, and 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 set up insurance information system of letters and calls, the complainants submitted petitions, query, complaint handling convenience.
    The 13th chapter fourth complaint 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 copies of the 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 article petition people in petition process in the should comply with legal, and regulations, consciously maintenance social public order and insurance petition order, shall not has following behavior: (a) in China Circ or sent institutions Office places around illegal gathered, containment, and impact Office places, intercept corporate vehicles, or jam, and blocking traffic of; (ii) threat, and insult, and beat China CIRC, and sent institutions staff, or illegal limit others liberty of; (three) in petition reception places stranded, and trouble,
    Or unable to take care of his abandoned in place of complaint letters and calls reception, (iv) incitement, series, coercion, property induces, behind the petition or the petition in the name of others seized the opportunity to accumulate wealth; (v) carrying dangerous goods, control apparatus, and (vi) 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. Fifth chapter petition matters of accepted 18th article China Circ law accepted following petition matters: (a) on insurance development reform and insurance regulatory work proposed views, and recommends of; (ii) on China Circ organ and staff, and sent institutions and head of positions behavior proposed objections of; (three) reflect China Circ organ staff and sent institutions Deputy at level above staff dereliction of, and malfeasance, illegal, and disciplinary behavior of; (four) reflect insurance company, and
    Insurance asset management Corporation and senior managers of insurance violations, (v) for national 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, (vi) other complaint dealt with according to law by the Circ.
    19th article sent institutions law accepted following petition matters: (a) on area within insurance development reform and insurance regulatory work proposed views, and recommends of; (ii) on sent institutions head yiwai staff of positions behavior proposed objections, or reflect its dereliction of, and malfeasance, illegal, and disciplinary behavior of; (three) reflect area within insurance company, and insurance assets management company branch institutions and senior management personnel of insurance violations of; (Four) reflect area within insurance intermediary institutions and senior management personnel of insurance violations of; (five) on area within insurance social groups and staff of positions behavior proposed objections, or reflect its about situation, proposed views, and recommends, in accordance with about provides should by sent institutions processing of; (six) reflect area within insurance company, and insurance assets management company, and insurance intermediary institutions general staff of insurance violations of; (seven) reflect area within unauthorized established insurance company, and insurance assets management company, and
    Insurance intermediaries and the insurance community group, or illegal to carry on insurance business and insurance intermediary business; (h) the Agency handle the other petitions. 20th article petition people proposed following matters one of of, China CIRC and sent institutions not accepted, but should turned by insurance company, and insurance assets management company or insurance intermediary institutions processing: (a) reflect insurance company, and insurance assets management company or insurance intermediary institutions staff disciplinary problem, but not involved about insurance regulatory of legal, and administrative regulations and China Circ provides of; (ii) reflect insurance contract disputes, and insured disputes, and
    Marketing and after-sales service disputes and other for insurance business behavior caused of civil disputes of; (three) reflect insurance company, and insurance assets management company, and insurance intermediary institutions and its employees or marketing member of labor contract disputes, and Agent contract disputes, internal management problem of; (four) on insurance products of explained matters and on insurance company, and insurance assets management company, and insurance intermediary institutions business status Advisory of; (five) other can by insurance company, and insurance assets management company or insurance intermediary institutions processing of matters.
    21st article petition people proposed following matters one of of, China CIRC and sent institutions not accepted, but should turned by insurance industry association processing: (a) Advisory insurance industry association members units basic situation and insurance knowledge of; (ii) reflect insurance industry association members units practitioners ethics problem of; (three) reflect insurance practitioners of training, and practice industry, and flow and rewards and punishments problem of; (four) reflect damage insurance industry image of problem, can by insurance industry association processing of;
    (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 on petition people proposed following matters one of of, China CIRC and sent institutions not accepted, but should told petition people in accordance with about legal, and administrative regulations of provides to units proposed: (a) in accordance with about provides should by other units processing of; (ii) has or law should through litigation, and arbitration, and administrative reconsideration, statutory way solution of; (three) about State has on petition people reflect of problem made eventually processing decided of.
    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) fall within the accepted 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 that (b) the matters provided for 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 refund the complainant and (iii) on matters provided for in this way to the 20th, 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, (iv) 19th matters under these measures, China insurance regulatory Committee should be transmitted to the relevant agencies. Agency shall transmit the received complaint letters and visits within 15th of deciding whether to accept the material 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; (v) the 18th matters under these measures, agencies should be transferred to the China insurance regulatory Commission.
    Circ shall from the date of receipt of the petition materials transmitted 15th, deciding whether to accept and advise the complainant in writing within (vi) relates to the China insurance regulatory Commission of discipline inspection and supervision departments or personnel department responsibility for complaint, should be transferred to relative Department on time 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.
    26th deals with 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 contingency plans.
    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.
    Chapter Sixth complaint handling and overseeing the 28th CIRC and its local staff handling petitions shall ascertain the facts impartially, without prevarication, perfunctory, delay.
    29th to reflect the insurance companies and insurance asset management companies, insurance intermediaries, insurance of a complaint of an offence, or sending bodies accepted shall be handled directly by the CIRC, shall not be the complainant referred to the parent organization.
    Article 30th 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. 31st 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.
    32nd article on belongs to China Circ or sent institutions accepted range of anonymous petition matters should difference situation, by following way handle: (a) was petition people clear, by reported content and provides of clues specific clear, and with must proved material of, hosted sector should survey processing; (ii) was petition people and by reported content statement fuzzy, or lack clear clues and corresponding proved material of, hosted sector can discretion.
    33rd article petition matters by survey verified Hou, hosted sector should made following processing, and by petition work institutions written replies petition people: (a) facts clear, petition requests meet legal, and administrative regulations and China Circ about provides of, be support, and urged about units implementation; (ii) requests causes reasonable but lack legal according to of, should on petition people do explained work; (three) requests lack facts according to or not meet legal, and administrative regulations and China Circ about provides of, not support. Article 34th 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. 35th 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 the extension period shall not exceed 30th, and advise the complainant in writing an extension on the grounds. 36th 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.
    37th article China CIRC and sent institutions of petition work institutions found petition matters processing has following case one of of, should timely supervising, and proposed improved recommends: (a) no due reason not by provides of handle term settles petition matters of; (ii) not by provides report petition matters accepted situation and handle results of; (three) not by provides program handle petition matters of; (four) handle petition matters shuffle, and perfunctory, and delay, and fraud of; (five) not implementation petition processing views of;
    (Vi) other circumstances that need supervision. Article 38th 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.
    Receive suggestions for improvement of the host Department's handling of the complaint does not comply with the relevant regulations of the China insurance regulatory Commission, the China insurance regulatory Commission petition work organizations or agencies may request processing and writing it again.
    39th 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.
    40th 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.
    41st CIRC and its local agency complaint reporting agency petition materials should be analyzed, and to establish regular reporting system of letters and calls in the industry.
    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.
    CIRC and its local agency complaint reporting agency shall summarize the work of letters and calls on a regular basis, and at the end of each quarter petition work report to the higher authorities.
    Seventh chapter legal liability article 42nd CIRC and its local agency 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.
    43rd 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.
    44th article for following case one of led to petition matters occurred, caused serious consequences of, by China Circ or sent institutions ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) beyond or abuse, against petition people lawful rights and interests of of; (ii) should as and not as, against petition people lawful rights and interests of of; (three) applies legal errors or violation statutory program, against petition people lawful rights and interests of of;
    (D) refuse to support petition requests to the executive authorities. 45th article processing petition matters process in the has following case one of of, by China Circ or sent institutions ordered corrected; caused serious consequences of, on processing petition matters of related staff law give administrative sanctions: (a) on received of petition matters not by provides registration and processing of; (ii) on belongs to accepted range of petition matters not accepted of; (three) not in provides term within written told petition people whether accepted petition matters of; (four) shuffle, and perfunctory, and delay petition matters handle,
    Fake or not within the statutory time limit for complaint; (v) in dealing with petitions, style rough, may escalate and cause serious consequences, and (vi) the facts are clear, in line with laws, administrative regulations and relevant regulations of the China insurance regulatory Commission petition complaint did not support the request.
    46th China insurance regulatory Commission, the Agency and its staff on the potential 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.
    47th article 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.
    48th article on in accordance with this approach referred to the handle of matters, insurance company, and insurance assets management company, and insurance intermediary institutions, and insurance industry association in processing process in the shuffle, and perfunctory, and delay, and fraud, or refused to implementation China CIRC, and sent institutions related processing views of, China Circ or sent institutions can through regulatory talk, way ordered corrected; caused serious consequences of, in accordance with about provides give administrative punishment.
    Eighth chapter supplementary articles the 49th to foreigners, stateless persons or foreign organizations involved in commercial insurance for complaint handling, in accordance with the measures implemented.
    Insurance intermediaries in 50th article of the rules, was approved by the China insurance regulatory Commission or agency established by the insurance agencies, concurrent-business insurance agencies, insurance brokerage and insurance assessment institutions.
    51st explain these measures by the China insurance regulatory Commission. 52nd these measures come into force on July 1, 2005.
                                                                    On March 7, 2002, issued by the China insurance regulatory Commission Circ abrogated petition work methods.