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Decree 18/2005/nd-Cp: About Regulating The Establishment, Organization And Operation Of The Insurance Organization Reciprocity

Original Language Title: Nghị định 18/2005/NĐ-CP: Về quy định việc thành lập, tổ chức và hoạt động của tổ chức bảo hiểm tương hỗ

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The GOVERNMENT DECREE regulating the establishment, organization and operation of the insurance organization reciprocity Law base GOVERNMENT government organizations on December 25, 2001;
Pursuant to the law on insurance business 9 December 2000;
According to the recommendation of the Minister of finance DECREE: chapter I GENERAL PROVISIONS article 1. Subject to this Decree regulates the establishment, organization and operation of the insurance organizations active in the field of mutual insurance business.
Article 2. Principles of organization and activity of the insurance institutions of insurance institutions reciprocity reciprocity is organized and operates according to the following rules: 1. mutual insurance organization is the organization with legal personality established for insurance business aim, mutual help among members is organizations personal Vietnam, operating in the same field, industry or live on the same location and with the same type of risk. Name of mutual insurance must show clearly the nature and to have the term "mutual insurance", abbreviated as "BHTH".
2. members of the organization is both parties mutually insurance buy insurance just as the owner of the insurance organization.
3. The members of the Organization were reciprocity insurance have the right to participate in management, inspection and monitoring activities of the insurance organization.
4. mutual insurance organization responsible for results of business activities within the capital and its property.
Article 3. The right of the insurance institutions of insurance institutions reciprocity reciprocity have the following rights: 1. Possession, use, dispose of properties in its ownership.
2. Conducting insurance business under the provisions of the law.
3. Decide on the premiums that the Organization's members must contribute; accept or reject insurance as prescribed in the Charter insurance organization and the provisions of relevant laws.
4. Proactive insurance professional selection, operation, scale and organization structure accordingly.
ư5. Decide on the distribution of income, handle the losses of the insurance organization reciprocity according to the insurance organization Charter and the provisions of relevant laws.
6. Other rights prescribed by law.
Article 4. The obligation of insurance institutions insurance institutions reciprocity reciprocity have the following obligations: 1. business scope, geographical and services set forth in the license and operation.
2. In compliance with the provisions of the law on accounting, financial regime.
3. Preserve and grow business capital in accordance with the law.
4. Responsibility for the debts and other financial obligations of the Organization in the range of property insurance organization.
5. Guarantee of the rights of members and make the commitments with respect to members of the insurance organization.
6. Pay taxes and perform other financial obligations prescribed by law.
7. other obligations prescribed by law.
CHAPTER II MEMBERS article 5. The minimum number of members of organized reciprocity insurance 1. The minimum number of members of the organization not reciprocity insurance is lower than 10 members.
2. where the number of members of the mutual insurance organization is lower than the minimum number of members prescribed in paragraph 1 of this article, mutual insurance organization must immediately report the Finance Ministry about the status, causes and remedies.
In the case of mutual insurance institutions are not able to increase the number of members under the plan has been approved by the Ministry of finance, the Ministry of finance will based on the specific situation to decide to terminate the operation of the insurance organizations or insurance organization reciprocity to other forms of insurance business under the provisions of the law.
Article 6. Founders insurance organization reciprocity 1. Founders insurance organization reciprocity is the Organization, individuals with conditions prescribed by law, join the established insurance organization and committed to the Organization's insurance mutual insurance immediately after this organization was granted a license to establish and operate.
2. the founding members do not enjoy any preferential treatment would compare with the other members of the Organization of mutual insurance unless the Charter of the Organization of mutual insurance otherwise.
Article 7. Members of the insurance organization organized reciprocity, individuals are eligible for contracts covered under the provisions of the law and have insurance contracts with the insurance institutions are members of the mutual insurance organization.
Article 8. Rights of insurance membership reciprocity members of organized reciprocity insurance has the following rights: 1. To enjoy the rights under the contract of insurance to which the participant has committed with insurance organizations.
2. Enjoying the results of operations of the insurance organization reciprocity as prescribed in the Charter of the Organization of insurance.
3. Participate or authorize another person to attend the Congress of Member of the insurance organization reciprocity; nomination, election to the Administration and other elected positions of organized reciprocity insurance according to the terms of the insurance organization.
4. Other rights prescribed by law.
Article 9. Obligations of insurance organizations membership reciprocity members of organized reciprocity insurance has the following obligations: 1. to implement the obligations of the buyer of insurance as defined in the contract of insurance and the law on insurance business.
2. Observance of the Statute, the rules and regulations of the insurance organizations and the resolutions adopted at the general meeting of members.
3. Responsible for the debts, losses of the insurance organization reciprocity in the scope of insurance premiums for insurance organizations have closed.
4. Founding members of the Organization must commit to mutual insurance insurance insurance organization of reciprocity as soon as this organization was granted a license to establish and operate.
5. other obligations prescribed by law.
Article 10. Terminate the membership organization of mutual insurance 1. The membership organization of mutual insurance ended when one of the following cases: a) the insurance contract between the Member and the Organization, the insurance terminates reciprocity, be transferable according to the rule of law;
b) insurance organization membership reciprocity is the individual died; or institutional member is dissolved, insolvency, merger, consolidation or termination of activities;
c) other cases due to the insurance organization Charter reciprocity provisions.
2. Unless the Charter reciprocity or insurance institutions insurance otherwise, founding members not be unilaterally terminated the membership within 3 years, since mutual insurance institutions are established and licensed activities.
3. The resolution of the rights and obligations for members in the case prescribed in clause 1 of this article is made according to the provisions of the Charter and organization of the insurance contract of insurance has been assigned to the insurance organization.
CHAPTER III ESTABLISHMENT and LICENSING of ACTIVITIES article 11. License the establishment and operations of insurance organization licensing reciprocity established and organized activities for the mutual insurance be made according to the relevant regulations of the insurance business law and other documents guiding the implementation. The Ministry of finance instructed the specific content related to the granting of licenses for establishment and operations of insurance organizations.
Article 12. The contract was signed before the licensed establishment and operation

1. The contract of service for the establishment of mutual insurance organization can be the founder members signed.
2. in case the insurance organization reciprocity is established, then that organization is the person receiving the rights and obligations arising from a contract signed the provisions in clause 1 of this article unless agreed otherwise.
3. Cases of non-reciprocity insurance organization was formed, the founder member is responsible for the implementation of the contract.
Article 13. Which established security organizations show reciprocity Which established mutual insurance organizations will be contributed by money, papers have been converted into price money open sanctioning account at a bank is allowed to operate in Vietnam. The blocked account will terminate as soon as the insurance organization license reciprocity established and functioning.
Article 14. The Charter of the Organization of mutual insurance 1. The Charter of the Organization of mutual insurance is consistent with the provisions of this Decree and the provisions of relevant laws.
2. The Charter of the Organization of insurance result the founders built when preparing the insurance organizations and must be signed by the founding members.
3. the insurance organization Charter reciprocity includes the following principal contents: a) the name and the estimated location headquartered insurance organization of reciprocity; logo of the insurance organization (if any).
b) purpose insurance organization established reciprocity;
c) field, the range, the area of operation; operating time;
d) define the membership, rights and obligations of the insurance organization membership reciprocity;
DD) mechanism of voting of members;
e) name, address, the rights and obligations of the founders insurance organization reciprocity; representatives before the law;
f) Which established the Organization's mutual insurance; the method of contribution, capital repayment and the costs related to the establishment of mutual insurance organization;
g) financial regulation; the principles, the basis of reduced insurance premiums; the method of dividing the results of business activities;
h) organizational structure, apparatus, the working mode of the Congress members, the Board, the Board of Directors, Board of supervisors; the mode of remuneration, Executive Administrator; election practices, through the decision; principles of internal dispute resolution;
I) The content of the Charter held by the mutual insurance agreement but not members are opposed to the rule of law.
4. Cancellation, replace, Supplement, amend the Charter held by the mutual insurance of all Congress members decided.
Article 15. Branch offices, the opening of branches, representative offices of insurance organization reciprocity is done according to the legal provisions applicable to the types of business insurance.
CHAPTER IV the ORGANIZATION, management and OPERATION of article 16. Organizational structure, management of insurance institutions insurance institutions reciprocity reciprocity includes: Congress members, the Board, the Director (ceo) and the Board of control.
Article 17. Members of Congress held mutual insurance 1. The General Assembly of members is the highest decision-making organization of mutual insurance. Members of Congress held relative support coverage includes: Congress established the annual general meeting, and extraordinary Congress.
2. The General Assembly established an insurance organization reciprocity is conducted according to the rules below: a) the slowest time in 3 (three) months, counting from the day the Finance Ministry granted a license to establish and operate, the founders must convene the Congress established organizing mutual insurance with participants including the founding members.
b) the founding Congress will discuss and vote on the following basic issues:-Organization of mutual insurance;
-Organization structure, management of insurance institutions.
c) The decisions to be adopted at the founding Congress is only valid when the entire founding members through and have the approval of the Ministry of finance.
3. the annual general meeting by the Board convened to be held at least once a year, within 3 (three) months from the date of the end of the financial year.
4. The extraordinary Congress of the Organization of mutual insurance is held in the trưêng case: a) extraordinary Congress because the Board or Supervisory Board of an insurance organization mutually convened to decide matters of necessity, beyond the powers of the Board or Control Board under the provisions of this Decree and the corresponding insurance organization Charter providing support.
b) in the case of at least 1/3 (one third) of the number of members required to convene the Congress of member submitted the Board or Control Board, then within 15 (fifteen), from the date of receipt of a valid application, the full Board must convene the Congress members. If this deadline that the Board did not convene the Congress, the Control Board must convene an extraordinary Congress to resolve the issues outlined in the application.
Article 18. Program and meeting members of Congress contents 1. The convening of the meeting of the Congress members to prepare the programme and content of the meeting.
2. In the case of an extraordinary Congress in accordance with point b paragraph 4 Article 17 of this Decree, the group members represent at least 1/3 (one third) of the total membership of the Organization over reciprocity insurance has the right to petition the issue put on the agenda of the Congress members. Petitions must be in writing and be sent to the insurance organization slow reciprocity for 3 (three) days prior to opening day. Recommendations must specify the name of the members supported the proposals and recommendations of issues to put content into the meeting.
3. The convening of the meeting of the Congress members only have the right to reject the recommendations stipulated in paragraph 2 of this Article if one of the following cases: a) the petitions are sent to incorrect or insufficient, incorrect content;
b) issue recommendations that are not under the control of decision of the General Assembly of members;
c) other circumstances stipulated in the Charter insurance organization.
Article 19. The notice convening the Congress of Member 1. The latest is 10 (ten) days before the opening of the Congress members, who convened to send invitations to announce the time, location of the meeting to each Member. Attached to the invitation of the meeting must have the agenda, the discussion document as a basis for deciding.
2. The Congress members only discussion and decided the problem was noted in the agenda and the issues that arise when there is at least 1/3 (one third) of the total number of members of the Organization of insurance proposed reciprocity.
Article 20. The right part of members 1. Members can direct or authorize in writing another person part of members.
2. where the contract of insurance is the transfer of time from the date of establishment of the list of members to the opening day of the meeting the General Assembly members then the assignee has the right part for members.
Article 21. The content of the Congress of Member Congress members discuss and decide the following matters: 1. Report the results of business activities in the year of the insurance organization, report on activities of the Board, the Board of Directors and Board of supervisors.
2. operational projects, financial and business plans for the next year of insurance organizations.
3. capital repayment; cite established the Fund in accordance with the law; reduced insurance premiums for members in the next financial year as proposed by the Board.

4. The decision to mobilize additional capital.
5. Election, dismissed the members of the Management Board and the Supervisory Board.
6. the consolidation, splitting, merging the insurance organization.
7. additional amendments of the insurance organization.
8. Remuneration for the members of the Board, the Board of Directors, Board of supervisors and other titles (if any) of the insurance organization.
9. The other issue as proposed by the Board or by at least 1/3 (one third) of the total insurance organization members.
Article 22. Regulations on the number of people attending and voting in the General Assembly of members 1. Members of Congress held relative to support insurance have sufficient number of members attending the minimum prescribed in the Charter of the Organization of insurance. If not specified, then the amount of enough to postpone the Congress; The Board or Control Board is summoned back to the Congress. The case of a meeting convened for the second time that still do not have sufficient number of members to conduct the meetings of the Congress members was conducted does not depend on the number of members attended the meeting.
2. Decides to amend the Charter, merging, splitting, merging, dissolving mutual insurance organization adopted when at least 3/4 (three-fourths) of the number of members present at the Congress voted approval. The decision on the issue was passed when there too 1/2 (second part) of the number of members present at the Congress voted approval.
3. The voting at the general meeting of members is done in accordance with the Charter of the Organization of insurance.
Article 23. The Board of the insurance organization reciprocity 1. The Board is the governing body of the insurance organization, has the right to the name of the insurance organizations to decide all matters relating to the purposes, benefits of the insurance organization, except for the issues under the jurisdiction of the Congress members.
2. The Board has the following rights and duties: a) the strategic decision to develop mutual insurance organization;
b) petitioning the Congress members decided the reduction of premiums for members in the next financial year; decision or handled the losses incurred in the course of business;
c) decides investment projects;
d) decided to develop market solutions, marketing and technology; through the contract to buy, sell, loan, loans, and other contract has a value equal to or greater than 50% of the total value of assets are recorded in the accounting books of the insurance organizations or other smaller rate specified in the Charter reciprocity insurance organization;
DD) appointment, dismissal, resignation of Directors (General Director) and other key managers of mutual insurance organization; decide on the salary and other benefits of the managers;
e) decide the organizational structure, internal management regulation the insurance organization reciprocity; Open, ending the operation of branches, representative offices and the capital contribution, purchase of shares of the other enterprise;
f) report annual financial report up the Congress members;
g) to browse content, program documents of the meeting of the Congress members, convene a meeting of the Congress members or perform the procedure to consult to the Congress members through the decision;
h) recommended the reorganization, transformation business or organization covered reciprocity;
I) the rights and duties under the provisions of the laws and regulations of insurance organizations.
3. The Board adopted the decision by voting at the meeting, opinions written or other form by the insurance organization Charter reciprocity provisions. Each Board Member has one voting.
4. The Board consists of not more than eleven members. The terms, criteria, specific numbers, the elected and dismissed by the Board Member Charter insurance organization reciprocity provisions. Members of the Board are not at the same time as the Chief Accountant, Treasurer of the insurance organizations and not the father, mother, wife, husband, son or brother, their siblings.
Article 24. Chairman of the Management Board 1. The Board elected the Chairman of the Board among the Board members. Chairman of the Management Board of the insurance organization reciprocity must be reputable, professional ethics and experience of insurance business activities. The appointment, change of Chairman of the Management Board of the insurance organization reciprocity must have the approval of the Ministry of finance. Chairman of the Board of Directors may (General Manager) Organization of insurance, except insurance organization Charter reciprocity provisions.
2. The Chairman of the Management Board has the following rights and duties: a) programming, the plan of activities of the Board;
b) preparation program, the content, the documents of the meeting; convene and preside the meetings of the Board;
c) on behalf of the Board to sign the resolution, the text of the Board through; the Organization adopted a decision of the Board under a different form;
d) track the process of implementation of the decisions of the Board;
DD) preside meetings of the Congress members;
e) the rights and duties stipulated in this Decree and the Charter insurance organization.
3. where the Chairman of the Board is absent or inability to perform duties, the members to be Chairman of the Board of the authorization will perform the rights and duties of the Chairman of the Board. Case no person is authorized, then the remaining members select one of them to temporarily hold the chairmanship of the Board.
Article 25. The meeting of the Management Board 1. Chairman of the Management Board have the right to convene meetings of the Board: a) per quarter are meeting at least once, in the case of necessity may extraordinary session;
b) as proposed by the Board of supervisors or others specified in the Charter insurance organization.
2. Meetings of the Board are conducted when there are from 2/3 (two thirds) of the total number of members to attend. The decision of the Board is adopted if the majority of members approved. Peer vote case, the final decision belongs to the comments of the Chairman of the Board.
3. procedure for convening and organizing the meeting of the Board by statute or regulation of the internal management of the insurance organization reciprocity provisions.
4. The meeting of the Board must be recorded in full in the record book. Preside and Secretary must jointly take responsibility for the accuracy and honesty of Board meeting minutes.
Article 26. Dismissed, the papacy and the additional members of the Board 1. Members of the Board of Trustees was dismissed in the following cases: a) is lost or is limited capacity for civil acts;
b) resigns;
c) other cases due to the insurance organization Charter reciprocity provisions.
2. members of the Board of removal by decision of the General Council members.
3. where the number of Management Board members is dropping too 1/3 (one third) compared to the number of provisions in the Charter reciprocity insurance organizations, the Board must convene a meeting of the Congress members within a period not exceeding 60 (sixty) days to elect additional Board members.
In other cases, the most recent meeting of the Congress members will elect new members to replace members of the Board have been dismissed, the papacy.

Article 27. Director (Director General) insurance organization reciprocity 1. The Board appoints one of them or others as Director (General Manager). Chairman of the Board of Directors may (Director General) insurance organization. The case of the insurance organization Charter reciprocity does not rule the Board Chairman is representative according to the law, the directors (General Director) is the legal representative of the insurance organization.
Director (ceo) who is operating the daily activities of insurance organizations and responsible to the Board on the implementation of the rights and duties assigned.
Director (ceo) of the insurance organization reciprocity must be reputable, professional ethics have business management practices or the administration of insurance for at least 10 years and are resident in Vietnam in the current time.
The appointment, change of Directors (General Director) of the insurance organization reciprocity must have the approval of the Ministry of finance.
2. The Director (ceo) has the following rights and duties: a) decide on all issues related to the day-to-day operations of the insurance organization, including the contract to buy, sell, loan, loans, and other contracts worth below 50% of the total value of assets are recorded in the accounting books of the mutual insurance organization;
b) implementation of the decisions of the Board;
c) organized the implementation of the business plan and the investment plan of insurance organization reciprocity;
d) petitioning the layout VARIANT structure, internal management regulation the insurance organization reciprocity;
DD) appointment, resignation, held management positions in the Organization of insurance, except the titles due to the Board the appointment, dismissal, resignation;
e) decided to pay and allowances (if any) for workers in the insurance organization, including administration officials appointed under the authority of the directors (General Director);
f) the rights and duties prescribed by the law, the insurance organization Charter and decisions of the Board.
Article 28. Obligations of the insurance organization management board reciprocity, Director (General Manager) and other managers of mutual insurance organizations in the scope of their powers and responsibilities have the following obligations: 1. Perform the rights and duties honestly rolling introspection, for the benefit of the insurance organizations and members of the insurance organization.
2. do not abuse the position and powers, using the assets of the mutual insurance organization to profit for themselves, for others; not bring the assets of insurance organizations reciprocity to others; not to reveal the secret of the insurance organization, except with the approval of the Board.
3. When mutual insurance institutions are not enough payment debts and other assets the obligation to limit pay, then: a) Must inform the financial situation of the insurance organization reciprocity to all known creditors;
b) not increase salaries, not to pay bonuses to employees of the insurance organization, including for the Manager;
c) incur personal responsibility about damages xèy out for creditors do not perform the obligation prescribed in the point a and b of this paragraph;
d) recommendations to remedy the financial difficulties of the Organization covered reciprocity;
4. The obligation to the other due to legal and insurance organization Charter reciprocity provisions.
Article 29. The rights and duties of the Supervisory Board 1. Mutual insurance organization must have the Control Board consists of three to five members elected by the members of Congress, including at least one Member has accounting expertise. Control Board members elect a Chairman; Head of supervisory board members the insurance organization. The rights and duties of the Secretary of the Board of control due to the insurance organization Charter reciprocity provisions.
2. Control Board has the following rights and duties: a) check reasonableness, legitimate in management, business operations, in the accounting records and financial reports;
b) appraisal of the annual financial statements of mutual insurance organization; check each specific issues related to operating activities, management of insurance institutions reciprocity when it deems necessary, or by decision of the general meeting of members, at the request of the members specified in paragraph 3 of article 21 of this Decree;
c) regularly inform the Board about results of activity; the consultation of the Board before the reports, conclusions and recommendations up the Congress members;
d) report the Congress members for the accuracy, truthfulness, legality of the recording, storing and accounting documents, financial statements, other reports of the Organization covered reciprocity; truthfulness, legitimacy in management, business operations of insurance organization reciprocity;
DD) proposed additional measures, modify, improve organizational management, business operations of insurance organization reciprocity;
e) the rights and duties under the provisions of this law and the Statute insurance organization.
The test prescribed in point a and b of this clause not hinder normal operation of the Board, does not cause disruption in business operations of insurance organizations.
Article 30. Those who are not doing the Control Board members 1. Member, Board of Directors (General Director); wife, husband, father, fathers, mothers, adoptive mothers, children, adopted children, siblings of the members of the Board of Directors (General Director), Chief Accountant of the organization that support future coverage.
2. People are suffering prejudice criminal liability or penalty is imprisonment or be deprived of the right to practice courts for the crime of smuggling, making counterfeiting, trafficking in counterfeit, unauthorized trading, tax evasion, cheating customers and other crimes under the provisions of the law.
Article 31. Other problems related to control board control board tenure, mode of work and remuneration for supervisory board members by the insurance organization Charter reciprocity provisions or by the Congress members to decide.
Control Board responsible to the members of Congress about violations which cause damage to the insurance organization reciprocity in performing the task.
Chapter V financial, ACCOUNTING and FINANCIAL REPORTING Article 32. Capital 1. Capital of the insurance organization reciprocity not less than 10 billion. Level of own capital of the mutual insurance organizations active in the field of agricultural insurance is lower than the level above, made by a private guide.
2. The Ministry of finance to specific instructions about the level of capital of the insurance organization reciprocity according to each sector, trades.
Article 33. Sources of capital funds into mutual insurance organization included: 1. The contribution of the founder members.
2. The advance premiums of the Member;
3. other legal sources as prescribed by law.
Article 34. Deposit 1. Within a period of 60 (sixty) days from the date of establishment licensing and operation of insurance organizations, reciprocity must use part of their capital to deposit in a commercial bank to operate in Vietnam. Deposit interest rate enjoyed by agreement with the bank where the escrow.
2. Deposit Rates by 5% of the capital.
Article 35. Professional backup

1. mutual insurance organizations to excerpt up professional backup from the premiums of individual insurance business for the most part responsible for holding back the insurance organization.
2. Prevention of organized reciprocity insurance include: a) reserve unearned premiums, to be used to compensate for the liability will arise during the validity of the contract of insurance in the next year;
b) redundancy compensation for unresolved complaints, that is used to compensate for losses that have arisen in liability insurance claims or have yet to complain but to the end of the financial year have not been resolved;
c) redundancy compensation for the huge losses, agitated, used to compensate when there is great agitation about the loss or major loss happen that the total premium to retain in the fiscal year after the excerpts set up contingency fees have not been affected and the compensation reserve for claims not yet settled enough not to pay compensation for the responsible hold insurance organization of reciprocity;
d) kinds of professional backup according to the instructions of the Ministry of finance.
3. The Ministry of finance specifies the levels of extract, extract method, establish professional backup for insurance organizations.
Article 36. Division of business results 1. The profits of the insurance organization reciprocity is defined the difference between total revenue minus total costs of insurance organizations.
2. Profitability of the organizing mutual insurance is used for the following purposes: a) repaid the loan capital insurance institutions established reciprocity;
b) established mandatory reserve fund and other funds under the provisions of the law;
c) as a basis for reducing premiums for insurance contracts are renewed in the next financial year;
d) other purposes as defined in the Charter of the Organization of insurance and the relevant legal texts.
Article 37. Financial and accounting regime, reports The rules of management, use of capital, assets, capital investment, liquidity, revenue and expenses, the mandatory reserve fund, accounting, statistics, auditing and financial reporting of insurance organization reciprocity is made according to the provisions of Decree No. 48/2001/ND-CP on 1st August 2001 of the Government regulations financial regime for insurers and insurance brokers and business direction of the Ministry of finance.
CHAPTER VI STATE MANAGEMENT for MUTUAL INSURANCE ORGANIZATION Article 38. State management for mutual insurance organization 1. The Ministry of finance implement state management for the establishment, organization and operation of the insurance organization, include the following: a) guide the implementation of the legal text of the insurance organization reciprocity; build the policies, regarding mode of insurance organization reciprocity;
b) Granted and revoked the licenses of establishment and operations of insurance organization reciprocity;
c) issued, approved, guidelines, rules, terms, fees, commissions the insurance that the insurance organization expected reciprocity applies;
d) apply the necessary measures to organize mutual insurance ensures financial requirements and make the commitment to buy insurance;
DD) assistance training, team building and professional managers, professional insurance for insurance organization reciprocity;
e) inspection, check insurance business operations, Executive financial mode of organizing mutual insurance; complaints, accusations and processed in violation of the law concerning organization of mutual insurance;
2. Ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible governance for the Organization and operation of the insurance organization reciprocity as prescribed by law.
3. the people's Committee in the scope of its powers, duties performed in State management for the Organization and activities of the Organization in local mutual insurance as prescribed by law.
Article 39. Merge, split, merge, convert the corporate form, dissolution, bankruptcy insurance organization reciprocity 1. The merge, split, merger, transformation of enterprises, organization of insurance reciprocity is made according to the provisions of relevant laws.
2. Bankruptcy insurance organization reciprocity is done according to the provisions of the law on bankruptcy insurance business.
Article 40. Commended and rewarded and violation processing handling offense during the establishment, organization and activities of the Organization were reciprocity insurance made under the provisions of Chapter VIII of the insurance business law.
CHAPTER VII ENFORCEMENT PROVISIONS to article 41. The effect of Decree 1. The Decree has effect after 15 days from the date The report.
2. for matters not regulated by this Decree shall apply the legal provisions on the insurance business and the legal provisions concerned.
Article 42. Guiding the implementation of the Minister of Finance within the functions, duties, his powers have a responsibility to guide this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.