Circular No. 194/2014/tt-Btc: Amendments And Supplements To Some Articles Of The Circular No. 124/2012/tt-Btc Dated 30/7/2012 Of The Ministry Of Finance Shall Guide The Implementation Of A Number Of Articles Of Decree No. 45/2007/nd-Cp On 27/3/2007 C ...

Original Language Title: Thông tư 194/2014/TT-BTC: Sửa đổi, bổ sung một số điều của Thông tư số 124/2012/TT-BTC ngày 30/7/2012 của Bộ Tài chính hướng dẫn thi hành một số điều của Nghị định số 45/2007/NĐ-CP ngày 27/3/2007 c...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
FINANCE MINISTRY
Number: 194 /2014/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 17, 2014

IT ' S SMART

Edit, add some of the stats of the Digital 124 /2012/TT-BTC July 30, 2012

Guidelines for the implementation of some of the provisions of the Digital Protocol 45 /2007/NĐ-CP April 27, 2007

of the Government that regulates the implementation of certain provisions of the Insurance Business Law

And the digital decree. 123 /2011/NĐ-CP December 28, 2011 by the Government Regulation

a number of the provisions of the Amendment Law, the addition of some of the Insurance Business Law and

Digital 125 /2012/TT-BTC July 30, 2012 of the Treasury Department Guide to Financial Mode

for the insurance business, the reinsurance business, the brokerage business

insurance and branch of the foreign life insurance business.

__________________________

The Insurance Business Base in 2000; The Amendment Law, which complements some of the provisions of the Insurance Business Law of 2010;

Base of Protocol 45 /2007/NĐ-CP March 27, 2007 of the Government Regulation details of certain provisions of the Insurance Business Law;

Base of Protocol 46 /2007/ND-CP March 27, 2007 of the Government regulates the financial regime for the insurance business and the insurance brokerage;

Base of Protocol 123 /2011/NĐ-CP December 28, 2011 of the Government Regulation details the implementation of several provisions of the Amendment Law, which adds some of the provisions of the Insurance Business Law and the amendment, adding some of the provisions of the Protocol. 45 /2007/NĐ-CP March 27, 2007 of the Government Regulation details of certain provisions of the Insurance Business Law;

Base of Protocol 68 /2014/ND-CP 09/7/2014 of the Government amended, adding some of the provisions of the Digital Protocol 45 /2007/NĐ-CP March 27, 2007 of the Government Regulation details of certain provisions of the Insurance Business Law;

Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Finance;

On the recommendation of the Director of the Bureau of Management, surveillance of insurance,

The Minister of Finance issued the revised Notice, adding some of the provisions of the Digital Information. 124 /2012/TT-BTC July 30, 2012 of the Ministry of Finance guided the implementation of some of the provisions of the Digital Protocol 45 /2007/NĐ-CP March 27, 2007 of the Government Regulation details the implementation of some of the provisions of the Insurance Business Law and Numbers Protocol 123 /2011/NĐ-CP December 28, 2011 of the Government rules the details of the implementation of certain provisions of the Amendment Law, complements some of the provisions of the Insurance Business Law (later called "Digital News"). 124 /2012/TT-BTC " ) and Digital News 125 /2012/TT-BTC July 30, 2012 of the Ministry of Finance guided the financial regime to insurance business, reinsurance business, insurance brokerage business and foreign-life insurance enterprise subsidiary (later called "Digital Private Information"). 125 /2012/TT-BTC ").

What? 1. Modified, supplement some of the provisions of the Digital 124 /2012/TT-BTC

1. Add to the 1.2 paragraph 1 Article 5 as follows:

"e.) Regulation a, b and c point 1.2 This paragraph does not apply to the insurance brokerage holding company."

2. Fix 7 Article 7 as follows:

" Seven. Proof of proof of use of the site is expected to place the headquarters and branches of the business (if any) be established. "

3. Corrects Section 3 Article 11 as follows:

" 3. In the sixti-60 (60) days from the date of receiving the full record and the validity of the investment holder, the Ministry of Finance granted the establishment and operation for the insurance business, the foreign branch under the prescribed pattern at Annex 2 issued by the Government. Hey. "

4. Plugin for 2 Article 12 as follows:

"g) Set up infrastructure systems, equipment, information technology software that meets enterprise management requirements and state management of insurance business operations."

5. Fix 2 Article 13 as follows:

" 2. In the time of fourteen (14) days from the full date of receiving the prescribed profile at Clause 1 Article, the Ministry of Finance issued a prescribed license under the prescribed form at Appendix 7. In the case of refusal to accept, the Ministry of Finance must clarify the reason in writing. "

6. Fix 1 and point b 2 Article 15 as follows:

a) Edit the 1 paragraph point 1 as follows:

" c) For a period of fourteen (14) days since receiving eligible valid records at the point b 1 Article, the Ministry of Finance has a written approval or refused to approve the license. In the case of refusal to accept, the Ministry of Finance must specify a reason. In the case of approval, the Ministry of Finance issued a prescribed license under the prescribed form at Annex 7 issued by this message. "

b) Modip b point 2 as follows:

" b) For a duration of fourteen (14) days from the date of receiving eligible valid records at the point of this a clause, the Ministry of Finance has a written approval or refused approval. In the case of refusal to accept, the Ministry of Finance must specify a reason. In the case of approval, the Ministry of Finance issued a prescribed license under the prescribed form at Annex 7 issued by this message. "

7. Fix 2 Article 16 as follows:

" 2. In the period of fourteen (14) days from the date of receiving eligible valid records at clause 1 Article, the Ministry of Finance has a written approval or refused approval. In the event of refusal to accept the reason. "

8. edit Article 5 Article 17 as follows:

" 5. In the time of fourteen (14) days from the date of receiving valid valid records at Section 3 This Article (for the insurance business) and Article 4 This Article (for foreign branch), the Ministry of Finance has an answer to the approval or refusal to accept it. The offer of the business, the foreign branch. The refusal of the agreement should be clear. In the case of approval, the Ministry of Finance issued a prescribed license under the prescribed form at Annex 7 issued by this message. "

9. Corrects Section 3 Article 21 as follows:

" 3. In the time of fourteen (14) days from the date of receiving valid valid records under the provisions of Article 2, the Ministry of Finance has a written approval or refused approval. In the case of rejection, the Ministry of Finance must specify a reason. If too long on the Ministry of Finance does not have the text of reply, the offer to change the Chair, General Manager (Director) of the insurance business, changes the General Manager (Director) of the foreign branch of the foreign branch to be approved. "

10. Modified, add paragraph 4 Article 28 as follows:

" 4. There are a minimum of three (03) years of experience working in the insurance sector. "

11. edit paragraph 4 Article 32 as follows:

" 4. In the time of seven (07) days, since the date of receiving eligible valid records at the point b 1 or point b 2 This, the Ministry of Finance has an approved text or refused to approve the appointment, changing the calculation expert of the insurance business. Life. In the case of refusal to accept, the Ministry of Finance must specify a reason. If too long on the Ministry of Finance does not have an answer text, the appointment, changing the calculation expert of the natural life insurance business is approved. "

12. Modified, add Article 34 as follows:

" Article 34. The standard and utilizable use of the backup and payment capacity of the nonprofit insurance business, the business that specializes in health insurance business, foreign branch, and industry.

1. The expert standard calculation of the backup and the ability to pay:

a) As Member (fellow) of the Council of Insurance Mathematicians who are an official member of the International Council of Insurance Insurers; or

b) There is a minimum of five (05) years of experience working in the field of non-life insurance (for non-life insurance business, foreign branches) or in the field of health insurance (for businesses that specialize in health insurance business), and has a minimum of 2 calculation certificates issued by one of the following assemblies: the UK Insurance Accountant Association, the Scottish Insurance Association, the American Society of Insurance Insurers, the Australian Insurance Accountant Association, the Conference of Chartered Mathematicians. And the fire of Canaan,

c) There is no criminal responsibility for criminal charges related to his duties;

d) Not in violation of the code of conduct of insurance calculation (for the case of professional planning and payment of the business, the foreign branch is a member of the Board of Insurance Mathematicians who are an official member of the Society). International insurance operators.

2. The form of specialist use of the backup and payment capacity:

Non-human life insurance business, business insurance business, foreign branch is used as a backup computing expert and the ability to pay in accordance with the following forms:

a) Using the workers of the non-human life insurance business, the business that specializes in health insurance business, foreign branches;

b) The organization's computational expert provides an insurance calculation service;

c) Hire or use an investment accountant or a parent company or company in the same corporate life insurance business, business insurance business, foreign branch.

3. Since 01/01/2016, non-human life insurance business, business insurance business, foreign branch must use a business reserve accounting expert and the ability to pay a regulatory response specified at Clap 1 Article 1. Hey. "

13. Modified, add 1 Article 35 as follows:

" 1. Non-human life insurance business, business health insurance business, foreign branch filing Finance One (01) a professional registration filing calculable business reserve and the ability to pay includes the following documents:

a) The case of using the worker of the non-life insurance business, the business that specializes in health insurance business, foreign branch:

-A professional registration application calculation and the ability to pay the signatures of the President or General Manager (Director) of the life insurance business, the business expert health insurance business, foreign branch;

-Diploma, certificate (a copy of the witness), the expected preliminary of the expected person to be appointed as a career planning specialist and the ability to pay for the life insurance business, the business that specializes in health insurance, details, etc. the foreign branch;

-the judicial theory (original) of the intended person appointed as a career in the accounting and payment capacity of the non-human life insurance business, the business expert in health insurance, foreign branch;

-The membership certificate (endorsement copy) and the confirmation text of the Security Council of Insurance Accountants about not violating the code of conduct of the insurance calculation (originals) as of the expected time appointed in the case is the case. It ' s a member of the Security Council.

-The contract for labor (endorsement copy) or principle contract (original) signed between non-life insurance business, business insurance business, foreign branch with the person expected to appoint a backup calculation specialist. business and ability to pay.

b) The organization's computational professional lease provides an insurance calculation service:

-The prescribed documents from the first-line brick to the top of the first line are 1 Article 1 of this.

-The principle contract (original) to provide a signing service between the life insurance business, the business insurance business, the foreign branch, and the organization that provides insurance services;

-The foundation's founding license provides insurance computing (endorsement copy).

c) The lease or use of an investment accountant or parent company or company in the same corporation of the non-human life insurance business, business insurance business, foreign branch:

-The documents stipulate at the point of one thing.

-Office of agreement or approval (original) on allowing non-life-life insurance business, business insurance business professionals, foreign affiliates hired or used either an investment owner or a parent company or company. in the same consortium of the nonprofit insurance business, the business insurance business, the foreign branch. "

14. Add to 2 Article 37 as follows:

" 2. In the case of non-human life insurance businesses, business professionals who specialize in health insurance, the foreign branch co-insurance for an insurance subject, the insurance contract must make clear the name of the life insurance business, the company said. The health insurance business, the foreign branch heads, the co-insurance rate of every single-life insurance business, the health insurance business, the foreign branch. Businesses, foreign branches of the same insurance, are responsible for the commitments in the insurance contract with the insurance buyer. "

15. Corrects 5 Articles 39 as follows:

" 5. The deadline for the approval of life insurance products, health insurance

In the twenty-one (21) days, since the date of receiving a valid valid date of Article 3, the Ministry of Finance has a written approval or refused approval. In the event of a refusal to accept, the Ministry of Finance must specify the reason. "

16. Modified, add 2 Article 40 as follows:

" 2. The case of the resulting insurance business of the insurance business is lost in two (02) years of consecutive fiscal year and affecting the rights of the insurance buyer, the nonprofit insurance business, the foreign branch must report to the Ministry of Finance. In terms of the status quo, the cause, the remedied method of that kind of insurance case and execution at the request of the Ministry of Finance. "

17. Add to point 3.6 paragraph 3 and paragraph 6 Article 41 as follows:

a) Add to point 3.6 paragraph 3 as follows:

" 3.6. The maximum insurance agent for insurance contracts is 10%. "

b) Additional 6 as follows:

" 6. The life insurance business is consistent with the cost of the commission and the management of the insurance agent between the insurance agent working at the business and the insurance agent recruited from another life insurance business. "

18. Modified, add Article 49 as follows:

" Article 49. Training, exams, insurance agents.

1. The insurance agent training facility implementation of the insurance agent training under regulation at Article 31 and Article 32 of the number of countries 45 /2007/NĐ-CP March 27, 2007, of the Government, the government rules out certain provisions of the Insurance Business Law.

2. The Ministry of Finance (Bureau of Management, Insurance monitoring) directly or in coordination with organizational insurance agent training facilities, the proposal is consistent with the law enforcement regulation of the existing insurance business and approx the results of the insurance agent.

3. The results of the results of the insurance agent are approved by the Department of Finance (Bureau of Management, Insurance Insurance), the basis of the insurance agent granting the insurance agent under the prescribed form at Appendix 12 issued by this message.

4. Business insurance business, foreign branch of the card level for the insurance agents of the business, foreign branch. The insurance agent card must specify a name, the agent code attached to the agent. The insurance agent is responsible for wearing the card while performing an insurance agent. "

19. Modified Clap 3 Article 57 as follows:

" 3. In the time of the seven (07) days from the full date of the complete adoption of the specified valid profile at Clause 2 This, the Ministry of Finance issued a prescribed license under the provisions of the Annex 20 issued by this message. In the case of rejection, the Ministry of Finance has the text of reply and stating the reason. "

20. Corrects 4 Article 59 as follows:

" 4. In the period of fourteen (14) days, since the full day of receiving the filing of the operation extension, the Ministry of Finance has written approval or refused approval. The case refused to accept the reason. "

21. Abolition of 6 Articles 4.

22. Repeal Article 48.

What? 2. Modified, add some of the provisions of the Digital Information 125 /2012/TT-BTC

1. Modified, add a point 3.1 and save a point 3.2 paragraph 3 Article 4 as follows:

a) Modified, plugin to add a point 3.1 as follows:

"a) About the operational site: The insurance business is opened within the territory of Vietnam."

b) Modified, plugin for a point 3.2 as follows:

"a) The opening of the branch outside the territory of Vietnam, the insurance business must follow the provisions of this Article 2 Article 12."

2. Modified, add a 3-and second-line second line to save 4.1 Clap 4 Article 8 as follows:

a) Modified, add Clap 3 as follows:

" 3. The life insurance business is not changed in the way of the insurance business in the financial year. In the case of changing the method and the basis of the insurance business plan for the next fiscal year, the life insurance business must offer and be approved by the Treasury Department prior to the application.

In the event of a risk of loss of payment or when there is a major volatility in mortality rates, technical interest rates, the Ministry of Finance may require or at the recommendation of the life insurance business that allows for changes in the methodology and facilities extraction. The insurance business fits. "

b) Modifixes, adding a second line of the second line to save 4.1 paragraph 4 as follows:

"-Facility of Extraction: CSO1980 Death Rate Table, maximum technical interest not exceeding 80% of the average interest rate of 10-year Government bonds issued in the last six (06) months ahead of the time of the forecosure and technical facilities. It is consistent with the insurance rights that the life insurance business committed to the customer at the insurance product has been approved by the Ministry of Finance. The absence of a 10-year-term Government bond issued in the last six (06) of the last month uses a 10-year Government bond interest rate issued at the closest point before the forecosure period. "

3. Edit the first line bricks save b point 1.1 paragraph 1 and save the 2.4 paragraph 2 Article 12 as follows:

a) Edit the first line-line tile to save the 1.1 Clap 1 as follows:

"-Non-life insurance business, business health insurance business, reinsurance business, foreign branch implementing investment in accordance with provisions at Clause 1 Article 14 Decree. 46 /2007/NĐ-CP; "

b) Edit the 2.5-paragraph 2 as follows:

" b) During the period of fourteen (14) days from the date received full valid records, the Ministry of Finance has an answer to the approval or rejection of approval. In the event of a refusal to accept the reason. "

4. Modified, add-and-add-to-add, save the 1 Article 18 Article 18 as follows:

a) Modified, plugin c as follows:

" c) When the insurance contract has been reached, the non-human life insurance business, the health insurance business, the foreign branch has a deal with the insurance buyer on the deadline for payment of premiums (including the extension time). The deadline for payment of premiums must be specified in the insurance contract, namely as follows:

-The case of a one-time premiums: The deadline for payment of premiums does not exceed 30 days from the date the insurance contract is valid. In case of an insurance deadline of less than 30 days, the premium payment deadline does not exceed the insurance deadline.

Non-human life insurance business, the health insurance business, the foreign branch accounting for an insurance tax on the insurance buyer must close the deal at the insurance contract when the insurance contract comes into effect.

-The case of a period of insurance premiums: The deadline for payment of the premiums of the first insurance charge does not exceed 30 days from the date the insurance contract is in effect. This regulation does not apply to the subsequent charges.

Non-human life insurance business, the health insurance business, the foreign branch accounting for the premiums of the first term premiums when the insurance contract comes into effect and only the sales of the insurance revenues. The premiums of the next insurance premiums when the insurance party has closed enough insurance premiums under the insurance contract.

-The case of the insurance party does not close enough insurance charges under the premium payment deadline, the insurance contract will effectively end the force at the end of the premium payment.

If the insurance event does not occur in the deadline of payment of premiums, non-human life insurance business, business insurance business, foreign branch enjoy the same insurance toll that corresponds to the deadline payment of a fee. Insurance, the sales decline in the same time that the insurance contract does not give birth to insurance.

If the insurance event in the deadline for payment of premiums, non-life insurance business, business insurance business, the foreign branch is responsible for restitution of insurance, paid insurance and is allowed to collect all of the insurance. the number of premiums must be closed under an agreement at the insurance contract.

-The case of a freight insurance delivery case for customers with multiple insurance participation in the year and travel insurance for customers who have more travel to the insurance coverage of the year, if the life insurance business is life insurance, the business specializes. Health insurance business, foreign branches and insurance buyers have a principle insurance policy (or insurance policy) on how to participate in insurance and the method of payment costs the premiums of insurance contracts. The end of this month is not slower than the 25th of the next month. "

b) Additional details are as follows:

" d) When the insurance contract has been conserved and the non-human life insurance business, the business that specializes in health insurance business, the foreign branch has a deal for the insurance party to buy insurance premiums. The fee debt must be specified in the insurance contract and is only applicable when the insurance party has a guaranteed asset or insurance payment payment.

In the event of a guaranteed asset, the life insurance business, the business insurance business, the foreign branch, and the insurance buyer implement the law of the guarantee transaction.

In the event that the cost of a fee is insured, the organization performs the payment of premiums that must have the function to provide a bail service and must have a contract for the maintenance of the insurance charges. "

c) Additional following:

" As long as the insurance contract has been settled and the life insurance business has a deal for the buyer's insurance on the cost of premiums under the term insurance policy. The life insurance business costs the amount of insurance premiums corresponding to the term or the premiums that have been born, not accounting for the amount of premiums that have not yet reached the insurance buyer's term, which must be closed under the insurance contract. "

5. Modified, add a second line, point h 1 Article 19 as follows:

"-The reward, which supports non-life insurance agents, health insurance that corresponds to the insurance contracts that have exploited in the fiscal year does not exceed 50% of the proportion of commissions belonging to each type of insurance business according to regulation at points 3.1, 3.3. And 3.4 Articles 41. 124 /2012/TT-BTC. "

6. Additional Section 7a after Section 7 as follows:

"SEPARATION OF EQUITY AND PREMIUMS IN NON-HUMAN LIFE INSURANCE, HEALTH INSURANCE,"

Article 27a. The responsibility of the nonprofit insurance business, the business that specializes in health insurance business, foreign branch and ...

1. Since January 1, 2016, non-human life insurance business, business insurance business, foreign branches must separate the equity and insurance costs of the insurance buyer. Specifically as follows:

a) In particular, the cost of the sales, the cost of the insurance business according to the kind of insurance business.

b) Records, track of private equity from equity and investment assets from idle capital from the business reserve.

c) The revenue of the revenue, the cost of financial activity related to the investment assets from the equity and investment assets from the source of idle capital from the business reserve.

d) Revenue, direct-related expense to the operation of non-human life insurance business, the business of health insurance business, the foreign branch is directly credited to that operation. Revenues, general costs must be allocated in accordance with the principle of rational, consistent principles.

2. The Board of Directors (Member Council, President of the Company) is responsible for the construction of the statute, the principle of revenue allocation, the general cost of regulation at the point of Article 1 This article and the oversight of the implementation of the process, this principle.

3. The quarterly periodic, the nonprofit insurance business, the health insurance business, the foreign branch is responsible for reporting the Department of Finance to separate the source of equity and the cost of insurance premiums at Clause 1. This. "

7. Add to 1.6 paragraph 1 Article 29 as follows:

" 1.6. The regulations at point 1.1, 1.2, 1.3 and 1.4 are not applicable to the insurance brokerage firm. "

8. Disorder 3. 3.2.

9. Repeal Section 4 Article 11.

What? 3. Organization to execute

1. This message has been in effect since 1 February 2015.

2. In the course of execution if there is an entangrium, the offer reflects in time for the Ministry of Finance to review, resolve.

KT. MINISTER.
Chief.

(signed)

Chen Xuân