THE MINISTRY
OF FINANCE
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
----------
|
No. 78/1998/TT-BTC
|
Hanoi, June 09,
1998
|
CIRCULAR
STIPULATING
REINSURANCE BUSINESS OPERATION
In
furtherance of Decree No.100-CP of December 18, 1993 of the Government on the
insurance business and Decree No.74-CP of June 14, 1997 of the Government on
the amendments and supplements to a number of articles of Decree No.100-CP of
December 18, 1993 of the Government on the insurance business; in order to
enhance the State management over reinsurance business operation and increase
the retention rate on Vietnam's insurance market;
The Ministry of Finance hereby stipulates reinsurance business operation as
follows:
I.
GENERAL PROVISIONS
1. This Circular shall apply to the Vietnam
National Reinsurance Company and insurance enterprises which are lawfully
established and operate in Vietnam, in order to regulate reinsurance operation
on the basis of reinsurance contracts and reinsurance-ceding contracts.
2. In this Circular, the following definitions
shall be understood as follows:
- Insurance enterprises are enterprises licensed
to conduct insurance and reinsurance business operation under the specific
stipulation in the certificates of full qualifications for insurance business
activities granted by the Ministry of Finance.
- Reinsurance business operation includes
reinsurance and reinsurance ceding.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Reinsurance ceding means the transfer by an
insurance enterprise or the National Reinsurance Company of Vietnam of a part
or whole of the reinsured risk to another insurance enterprise or a foreign
insurance organization.
- Designated reinsurance means reinsurance
activities of an insurance enterprise according to the designation by its
clients or persons who offer insurance services to such insurance enterprise.
3. The principles for reinsurance business
operation:
- The insurance enterprise is the only
organization that takes liability to its clients who participate in the
insurance, even in cases where the reinsurance of insured risks is ceded.
- The insurance enterprises and the Vietnam
National Reinsurance Company shall have to arrange reinsurance first for
insurance enterprises licensed to operate in Vietnam before ceding reinsurance
abroad.
II.
SPECIFIC PROVISIONS
1. Provisions on compulsory reinsurance:
a/ In cases where they undertake reinsurance for
foreign insurance organizations, the insurance enterprises shall have to
reinsure part of the liabilities under the original insurance policies or
applications to the Vietnam National Reinsurance Company.
b/ The compulsory reinsurance shall be effected
as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
In case of co-insurance, the compulsory
reinsurance rate shall be calculated on the insured value for which the
concerned insurance enterprise is liable under the original insurance policy or
application.
c/ The Vietnam National Reinsurance Company
shall have to assume compulsory reinsurance from insurance enterprises with the
prescribed minimum rates.
In cases where it can prove that the risk
insured by an insurance enterprise is not in conformity with the practices on
the international insurance market in terms of insurance clauses, premium
levels ..., the Vietnam National Reinsurance Company may refuse to reinsure
part or whole of such insured risk.
d/ Before ceding abroad the compulsory
reinsurance liability, the Vietnam National Reinsurance Company shall have to
cede the reinsurance first to insurance enterprises licensed to operate in
Vietnam at the maximum level possible and arrange its reinsurance ceding abroad
in the most effective way. In cases of necessity, the Ministry of Finance shall
request the Vietnam National Reinsurance Company to prove the ceding of
reinsurance of the part of liability it has assumed under such compulsory
reinsurance.
e/ The interests and obligations of the Vietnam
National Reinsurance Company in respect of each risk assumed under the
compulsory reinsurance contracts shall arise and terminate together with the
original insurance policies or applications of the insurance enterprises.
f/ The payment of reinsurance premium,
reinsurance commission and reinsurance indemnity in relation to the liability
arising out of a compulsory reinsurance contract between an insurance
enterprise and the Vietnam National Reinsurance Company shall be made quarterly
on the basis of the statistical sheet prepared by the original insurance
enterprise in accordance with the reinsurance contract.
g/ In cases where it fails to make payment
within the above-said time limit, an insurance enterprise or the Vietnam
National Reinsurance Company shall have to pay a fine for the period of delayed
payment as prescribed by the State Bank of Vietnam.
h/ The insurance enterprises and the Vietnam
National Reinsurance Company may agree to include other provisions in the
compulsory reinsurance contracts, provided that such provisions are not
contrary to the stipulations of this Circular.
2. Provisions on non-compulsory reinsurance:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ In cases of designated reinsurance, the
insurance enterprises shall have to abide by the following stipulations, unless
otherwise permitted by the Ministry of Finance:
- The maximum rate of designated reinsurance
prescribed for foreign insurance organizations shall be 50% of the value of the
original insurance policy or application (except for cases where the Vietnam
National Reinsurance Company refuses to undertake reinsurance as stipulated in
Item c, Clause 1 of this Chapter).
- The maximum rate of designated reinsurance
prescribed for a single foreign insurance organization shall be 40 % of the
value of the original insurance policy or application.
c/ An insurance enterprise shall not be allowed
to cede the reinsurance of the whole (100%) of the liability it has insured in
an insurance service to another insurance enterprise or an insurance
organization abroad (even after its compulsory reinsurance to the Vietnam
National Reinsurance Company) to get reinsurance commission.
3. Provisions on the reinsurance acceptance:
The Ministry of Finance encourages insurance
enterprises to accept reinsurance from other insurance enterprises or from
foreign insurance organizations. Before accepting the reinsurance, an insurance
enterprise must carefully assess risks to be reinsured, its own financial
capability to indemnify against such risks and take into account the business
efficiency of the reinsurance operation.
III.
IMPLEMENTATION PROVISIONS
1. This Circular takes effect from July 1st,
1998. All previous stipulations which are contrary to this Circular are now
annulled.
2. Any insurance enterprise or the Vietnam
National Reinsurance Company that violates provisions of this Circular shall be
handled according to the provisions of Clause 10, Article 1 of Decree No.74-CP
of June 14, 1997 of the Government on the amendments and supplements to a
number of articles of Decree No.100-CP of December 18, 1993 of the Government
on the insurance business.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
THE MINISTRY OF
FINANCE
VICE MINISTER
Tran Van Ta
APPENDIX
PRESCRIBING THE
COMPULSORY REINSURANCE RATES, COMPULSORY REINSURANCE COMMISSION RATES AND THE
LIST OF OPERATIONS SUBJECT TO COMPULSORY REINSURANCE
(Issued together with Circular No.
78/1998/TT-BTC of June 9, 1998 of the Ministry of Finance)
1. The compulsory reinsurance rates
The compulsory reinsurance rates shall be set
equal to 20% of the value of the original insurance policies or applications
2. List of operations subject to compulsory
reinsurance and the compulsory reinsurance commission rates:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The operations The compulsory subject to
compulsory reinsurance reinsurance commission rates (%)
- Land, sea, river, railway and air transport insurance
22
- Hull and shipowners' civil liability insurance
22
- Fire insurance 25
- Property and casualty insurance:
+ Technical insurance (construction and/or installation
insurance) 26
+ Petroleum insurance 15
+ Other types of insurance for foreign
investment projects 24
- Aviation insurance 85% of the reinsurance
commission rate applicable to the same type of service on the
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ For temporary reinsurance contracts: The
compulsory reinsurance commission rates shall be equal to 85% of the
reinsurance commission rates applicable to the same type of services on the
international market.
THE MINISTRY OF
FINANCE
VICE MINISTER
Tran Van Ta