Pursuant to the law on insurance business no. 24/2000/QH10 on 9/12/2000 and the text guiding the implementation;

Basing the Ordinance on administrative violations processing 2/7/2002;

Pursuant to Decree No. 134/2003/ND-CP dated November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002;

Pursuant to Decree No. 77/2003/ND-CP dated 1/7/2003 of government functions, tasks, powers and organizational structure of the Ministry of finance;

Pursuant to Decree No. 118/2003/ND-CP dated 13/10/2003 of the Government sanctioning administrative violations in the field of insurance business;

The Ministry of finance instructed as follows: i. GENERAL PROVISIONS 1. Adjustable object and scope 1.1. Sanctioning administrative violations in the field of business insurance are applicable to individuals, agencies and organizations (hereinafter referred to as "individual, organization") acts intentionally or unintentionally violating the provisions of the law on insurance business which is not a crime and as required by law must be sanctioned administratively.

1.2. This circular apply to: a) individual, organization of administrative violations in the field of insurance business specified in chapter II, Decree No. 118/2003/ND-CP dated 13/10/2003 (Decree No. 118/2003/ND-CP). 

b) individuals, foreign organizations active on the territory of Vietnam have administrative violations in the field of insurance business specified in Decree 118/2003/ND-CP, except in the case of international treaties to which Vietnam signed or have other rules.

2. The sanctioning administrative violations in the field of insurance business are subject to the General provisions on sanctioning administrative violations outlined in Ordinance on handling administrative violations on 2/7/2002 (the Ordinance), Decree No. 134/2003/ND-CP dated November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 (Decree No. 134/2003/ND-CP) and the text of the relevant law.

3. In case of violations that signs constitute crimes, the competent person sanctioning administrative violations set roaming profile for the competent bodies to investigate, settle according to the provisions of the law.

4. Fines for administrative violations in the field of business insurance obtained must submit to the State budget through the open account in the State Treasury. Receipts management mode fine and forfeit money made according to the provisions of the current law.

II-PRINCIPLES For DETERMINING The RIGHT SANCTIONS 1. Only those who have the authority to sanction administrative violations specified in article 25 of Decree 118/2003/ND-CP authorized new decision sanctioning administrative violations in the field of insurance business, with forms and fines within the jurisdiction rules. Not allowed to split a breach into many small violations or more minor transgressions into a bigger offense aims to change the jurisdiction to sanction.

2. In the course of the inspection, test, if detected has the administrative violations in the field of insurance business but not under the control of its sanctions, the relevant authorities must transfer the offending profile for authority sanctioning administrative violations in the field of insurance business to consider punishments under the provisions of Decree No. 118/2003/ND-CP.

3. In the case of administrative violation under sanctions by many people, the first person case will decide sanctions. 

4. In this case, the violations under the authority of a person who sanctions that the General sanction decision, but must specify each of the violations, the form and the level of sanctions for each behavior. 

5. In the event, one of the violations can be dealt with according to the form and the level of sanctions is not the jurisdiction or beyond the jurisdiction of the sanctions, that person must transfer the entire filing authority to review the decision within 15 working days from the date of establishment of the minutes of administrative violations.

6. the right of sanction Silently Chairman provincial people's Committee, Chairman of the people's committees at district level, the Chief Inspector of the Department of finance for administrative violations in the field of insurance business prescribed in article 25 of Decree 118/2003/ND-CP are specified as follows : 6.1. Chairman of the provincial people's Committee has the right to: a) caution;

b) a fine of up to 70 million;

c) apply remedial measures stipulated in paragraph 6 article 5, paragraph 4, point a article 6 paragraph 3 article 8, paragraph 2, point a article 9, point a paragraph 2 to article 10, paragraph 2, point a article 11, paragraph 3 article 15, paragraph 2, point a article 17, paragraph 2 Article 18 of Decree No. 118/2003/ND-CP.

6.2. The President of the district-level people's committees have the right to: a) caution;

b) a fine of up to 20 million.

c) apply remedial measures stipulated in paragraph 6 article 5, paragraph 4, point a article 6 paragraph 3 article 8, paragraph 2, point a article 9, point a paragraph 2 to article 10, paragraph 2, point a article 11, paragraph 3 article 15, paragraph 2, point a article 17, paragraph 2 Article 18 of Decree No. 118/2003/ND-CP.

6.3. The Chief Inspector of the Department of Finance has the right to: a) caution;

b) a fine of up to 20 million.

c) apply remedial measures stipulated in paragraph 6 article 5, paragraph 4, point a article 6 paragraph 3 article 8, paragraph 2, point a article 9, point a paragraph 2 to article 10, paragraph 2, point a article 11, paragraph 3 article 15, paragraph 2, point a article 17, paragraph 2 Article 18 of Decree No. 118/2003/ND-CP.

III-APPLICATION Of SANCTIONS 1. The decision to sanction must be based on the level, the nature of the violations set forth in chapter II of Decree 118/2003/ND-CP to decide the application of appropriate sanctions.

2. The application of fines, including when to apply the extenuating circumstances, aggravation, is lower or exceeds the specified fine frame.

3. The level of the fine authorized by specific sanctioning decisions in each case based on the frame of the fines specified in Decree No. 118/2003/ND-CP, the nature and extent of the violation and the possible violations.  

4. The minimum level of framing a fine be imposed for violations of the first administration, due to unintended errors and there are extenuating circumstances the provisions of article 8 of the Ordinance.

5. The determination of the average of the frame of the fines made under the provisions of article 24 of Decree 135/2003/ND-CP.

6. the maximum level of fine frame be applied for violations are more aggravating to the provisions in article 9 of the Ordinance.

7. Only apply one of the two main sanctions is warned or fine for an administrative violation.

8. The additional sanctions not be imposed independently which are attached applying sanctions.

IV. PROCEDURE Of SANCTIONS 1. Procedure for sanctioning of administrative violations in the field of insurance business are made according to the provisions of Chapter IV of Decree No. 134/2003/ND-CP templates thereon, and decided to use in sanctioning administrative violations in the field of business insurance attached to this circular. 

2. Due to the specific nature of insurance business operations should: 2.1. Simple sanctioned procedure according to the provisions of article 54 of the Ordinance and article 19 of Decree 135/2003/ND-CP will not apply for administrative violations in the field of insurance business.  Event sanctioning administrative violations in the field of insurance business must be based on the minutes of administrative violations by the Agency and the authority established by the content and the form prescribed by law.


2.2. The time limit for a decision sanctioning administrative violations in the field of insurance business apply as defined in paragraph 2, paragraph 3, clause 4 and clause 5, article 21 of Decree No. 134/2003/ND-CP.

3. The coercive enforcement of the decision sanctioning administrative violations are made according to the provisions of article 66 and article 67 of the Ordinance.

V. VIOLATIONS of A number of violations of the provisions of Decree No. 118/2003/ND-CP are specific instructions as follows: 1. Violation of the regulations on the management, use and operation license, license latest Representative Office (hereinafter referred to as "permits") in accordance with article 5 of Decree 118/2003/ND-CP of 1.1. Not published or published untrue active content according to the provisions of the relevant legislation is the insurer, the insurance broker business does not comply with posted rules on the content of the license as specified in paragraph 2, article 8 of Decree 42/2001/ND-CP of the Government on 1/8/2001 detailing the implementation of a number of things of the insurance business law. 

1.2. Not working after 12 months from the date of license is the insurers do not engage in any activity that is prescribed in paragraph 1 Article 60 of law on insurance business; business insurance brokers do not conduct any activity that is regulated in article 90 of the law on insurance business.

1.3. Slow announced than the term stipulated the changing regulatory content is the after 30 days from the date the Ministry of finance to approve the change, insurers still have not announced the content of the change has been approved under the provisions of the law.

1.4. The business or proper operation with the contents stated in the license is the insurers, the insurance brokerage business, representatives of insurance companies, insurance brokers or foreign operations in addition to the contents specified in the licence related to operating activities business operations, was allowed to proceed, the area of operation, the client object and active period.  

1.5. Getting the insurance brokerage services by enterprises on foreign insurance brokers are not allowed to operate in Vietnam provided the insurance business in the country to receive the insurance brokerage service for the risks incurred in Vietnam by business insurance brokerage based in foreign countries and are not allowed to operate a business in Vietnam to offer.  

2. illegal promotion as defined in point c, paragraph 1 article 10 of Decree 118/2003/ND-CP is the business-use promotional forms that trade Laws and other legal texts containing prohibitions, including: a) the promotion of insurance products not yet registered Yet, the Ministry of Finance issued, approved;

b) dishonesty promotional or misleading about the insurance services to deceive client;

c) promos affect environmental landscape;

d) promising products, awards but not done or done incorrectly;

DD) other promotional forms is prohibited under the provisions of the law.

3. Force insurance contracts is unlawful as defined in article 11 of Decree 118/2003/ND-CP is the organs, organizations, enterprises and individuals utilize the influence, administrative measures, or in the form of pressed to force the insurance needs are insured in an insurance business , or the insurer must get insurance brokerage services, Reinsurance broker, contrary to their wishes. 

4. axial behavior in the insured, the insurance compensation, pay insurance and insurance complaints under the provisions of article 15 of Decree 118/2003/ND-CP is the deliberate acts of deception of the organization or individual to profit when the nefarious insured, ask resolution, the insurance compensation, pay the insurance complaints, insurance.

Complicity with your passive h similar coverage under the provisions of point b, paragraph 2, article 15 of Decree 118/2003/ND-CP is the structural behavior with the person who is the beneficiary of insurance forged papers, provided false information, building the scene or other unlawful acts in the process of resolution , resolve insurance claims and pay a premium.

5. Violation of the regulations on the inspection, testing, supervision of the competent State Agency as defined in article 24 of Decree 118/2003/ND-CP of 5.1. Delayed behavior, hiding or have the tricks of coping include: a) does not provide or deliberately prolonged the time to provide the records and documents at the request of the inspection, the Inspector.

b) Not the layout, the layout is not timely or who do not have the responsibility to work with the check, the Inspector.

c) does not provide true information, reports, vouchers, accounting books and records, other documents at the request of the inspection, the Inspector.

d) acts of delaying, evading or tricks other deal as required by law.

5.2. Intervention in the processing of the inspection agency, the competent State agencies include: a) provided incorrect information to the administrative agency superior to pressured the authorities responsible for processing.

b) provide true information for the mass media aimed at pushing impede processing.

c) threats and fallen or use other forms to hinder the handling agency.

VI. COORDINATION BETWEEN The RELEVANT AUTHORITIES In The SANCTIONS 1. In the process of implementing State management functionality locally, if the detected administrative violations in the field of insurance business, before taking the decision, the competent sanctions penalizing responsible exchange of ideas in writing to the Ministry of finance. 

Within 10 working days from the date of the text, the Ministry of finance is responsible to reply in writing to the person who has the authority to sanction their opinions about the sanctions.

Base my opinion of the Ministry of Finance Authority in local sanction decision sanctioning administrative violations in the field of insurance business.

2. The administrative violations related to the insurance business and contrary to the rules of governance in other areas such as tax, accounting regime, business registration, etc. will be handled according to the Decree on sanctioning administrative violations in the field of specialization concerned.

3. in cases of violations of an organization or individual that occurs on many different local, then the Agency uncovered violations must establish the minutes of administrative violations, suspension of the violation and notice to the Inspector of the Ministry of finance to jointly handle the offense.

4. The decision of the Inspector of the Department of Treasury and Finance Ministry inspectors about sanctioning administrative violations in the field of insurance business must be submitted to the local people's Committee where administrative violations are detected and processed in order to monitor and ensure implementation.

5. within 7 working days from when the punishment decision, decision sanctioning administrative violations in the field of insurance business are responsible for sending a copy of the decision to the Ministry of finance to monitor and coordinate resolution.

VII. IMPLEMENTATION 1. This circular effect after 15 days from the Post Gazette.

2. The Chief Inspector of the Ministry of Finance directs, guides the individual units in the system of financial inspector master and taken seriously the sanctioning administrative violations in the field of insurance business.

3. in the implementation process, if there are difficulties and obstacles to timely reflect the recommendation of the Ministry of finance to consider the guidelines,./.

 

 

Bi MÉu ª n b ¶ n m h µ ¹ ph vi nh chÝnh


(Ban h µ nh pliers according Th «ng/2004/TT-BTC ng will spend µ t y th ¸ ¨ n 3 m 2004 ng Baby T µ i chÝnh obligations)

 





The NAME of the GOVERNING BODY of the SOCIALIST REPUBLIC of VIETNAM ESTABLISHED THEREON AUTHORITY NAME independence-freedom-happiness no.:/BB-VPHC A [1]........, on ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....





 

                                                                        

 

MINUTES of ADMINISTRATIVE VIOLATIONS in the FIELD of INSURANCE BUSINESS today................................ ....... tại ................

 

We include [2]: 1..............................:..............;

2. ........................... Position:..............;

3. ........................... Position:..............;

 

With the presence of: [3] 1. Ông/Bà                                ...............         Occupation/position........;

Permanent address (shelter):......................;

The paper identification number: ... .... Date of issue:........;                             Issuer:........;

2............... Occupation/position:........ permanent address:........;

The paper identification number: ... .... Date of issue:.......;                             Issuer:.......;

............................................................., proceed up the minutes of administrative violations in the field of business insurance for: He (she)/Organization [4]:........ Careers (field operations):........;

Address:.............;

Zone population/BUSINESS REGISTRATION or establishment decision.......               

On................;

Had the administrative violations as follows [6]:.............;

The above behavior has violated on the Article........................ by Decree No. 118/2003/ND-Cp 13/10/2003 of the Government sanctioning administrative violations in the field of insurance business The loss/damaged Organization (if any): FullName:....................;  

Địa chỉ: .................... ;

 

Zone population/BUSINESS REGISTRATION or establishment decision........;

On.................

Opinion presentation of the administrative violations, the representative organization of administrative infringement: opinions presented by witnesses: the opinion presented by the person/organization representative damage due to administrative violations caused (if any): authorized person requested sanction He (she)/organization suspended right violations.

Measures to prevent administrative violations are applied are:........

We hold these exhibits, media, administrative violations and the following papers to move to: ... ... ... ... to have jurisdiction.

 

 





STT Name exhibits, media, paperwork is temporarily keep the number of categories, brands, origin, condition [6] note [7] in addition to the exhibits, the media, the papers mentioned above, we do not add anything else custody.

Ask Mr. (Ms.), represented the Organization in breach of [8]....................................... in order to resolve the violations.

The minutes are made........ a has content and of equal value, and was delivered to violators, represents a violation of organization and........ [9] after reading back the minutes, those present agreed on the content of the report, no idea what the other and of the same sign or have other comments thereon as follows: additional comments (if any) [10]: this record include........, page was the same person signed on each page.

 

 





Who VIOLATE (or OFFENDING ORGANIZATION REPRESENTATIVE) (Signed, specify the name) who SUFFERS damage (IF AVAILABLE) (or DAMAGED ORGANIZATION REPRESENTATIVE) (Signed, specify the name) who WITNESSED (IF any) (Signed, inscribed râ hä t ª n) GOVERNMENT REPRESENTATIVES (IF any) (Signed, inscribed râ hä t ª n) who SET the MINUTES (Signed , specify the name) who HAS the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS (sign, stating the full name) the reason the person violating, offending organization representative does not sign (1) reasons of the victims, represented the Organization damage not sign [2]: model decision sanctioning administrative violations (attached to circular No./2004/TT-BTC on May 3, 2004 by the Ministry of Finance), [ 1], 17 people formed thereon must specify the reason these people refused to sign.



 



 

 





The NAME of the GOVERNING BODY of the SOCIALIST REPUBLIC of VIETNAM AGENCY NAME DECISION-MAKING independence-freedom-happiness. ... QD XPHC/A [13]........, on ... ... ... ... ... ... ... ... ... ... ....





 

 

 

The DECISION SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of INSURANCE BUSINESS based Ordinance handling administrative violations on 02 July 2002;

The base thing........... Decree No. 118/2003/ND-Cp 13/10/2003 of the Government sanctioning administrative violations in the field of insurance business;

 

Based thereon by the administrative infringement [15]...........................................................................;

 

Tôi, ........... [15];              Chức vụ:......................;

 

The unit......................, decision: article 1. Sanctioning administrative violations against: He (she)/organizations [16]:..........;

 

Careers (field operations):...........;

 

Địa chỉ: ......................;

 

Zone population/BUSINESS REGISTRATION or establishment decision...........;

 

On.................................;

 

With the following form: 1. the main sanctions: warnings/a fine fine levels are:....................... (Written in words:...............).

 

2. Form of the additional penalty (if any): 1. Stripped of the right to use the license, certificate of practice:............

 

2. the confiscated exhibits, the means used to administrative violations are:............

 

3. The remedial measures (if any): reason: there were administrative infringements: [17]...........

Specified in point................................ by Decree No. 118/2003/ND-CP dated 13/10/2003 of the Government sanctioning administrative violations in the field of insurance business.

Details concerning the violations resolved................. Article 2. He (she)/Organization........... to strictly obey the decision to sanction within ten days from the date of delivery of the decision on is sanctions................................. except with postponement or........... [18] this term Too, if He (she)/Organization........... intentionally fail the sanction decision comply.

 

The amount of a fine specified in article 1 to be paid to account number:........... of Treasury State........... [19] within ten days from the date of delivery of the decision to sanction.

 

He (she)/Organization........... complaint, sue for infringement sanction decisions this administration under the provisions of the law.

 

Article 3. This decision is effective from the day................................ [20]. within three days, this decision is addressed to: 1. He (she)/organizations:........... to obey;

 

2. Treasury........... to collect fines;

 

3....................... .

This includes decisions..........., page is stamped between the pages.

 

The DECISION (to sign, stating the name and seal)