THE
NATIONAL ASSEMBLY
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
61/2010/QH12
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Hanoi,
November 24, 2010
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LAW
ADMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLE OF THE INSURANCE BUSINESS LAW
Pursuant to the
Constitution of the Socialist Republic of Vietnam in 1992 amended and
supplemented a number of articles under the Resolution No.51/2001/QH10;
The National Assembly promulgates the Law on amending and supplementing a
number of articles of Law on insurance business No. 24/2000/QH10.
Article 1. Amending and supplementing a number of articles of Law on
insurance business.
1. Amend Clause 19 and Clause 20, Article 3 as follows:
'19. Pension
insurance means a class of insurance in case where the insured person reaches a
determined age shall be paid insurance money by insurance enterprise as agreed
in the insurance contract.
20. Health
insurance means a class of insurance in case the insured person is injured, in
an accident, illness, disease or health-care is paid insurance by insurance
enterprise as agreed in the insurance contract.
2. Clause
1, Article 6 is amended and supplemented as follows:
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3. Article
7 is amended and supplemented as follows:
"Article
7. The types of insurance operation
1. Life
insurance includes:
a) Whole life
insurance;
b) Endowment
insurance;
c) Term
insurance;
d) Combined
insurance;
e) Recurring
paid Insurance;
f) investment-linked
insurance;
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2. Non-life
insurance includes:
a) Property
insurance and damage insurance;
b) Land, marine, river,
railway and air cargo transport insurance;
c) Aviation
insurance;
d) Motor
vehicle insurance;
e) Fire and
explosion Insurance;
e) Hull
insurance and ship-owners ‘civil liability insurance;
g) Liability
Insurance;
h) Credit and
financial risk insurance;
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k)
Agriculture insurance.
3. Health
insurance includes:
a) Human accident
insurance;
b) Medical
insurance;
c)
Health-care insurance.
4. Other
insurance operations regulated by the Government.
5. The
Ministry of Finance shall issue a list of insurance products. "
4. Article
9 is amended and supplemented as follows
"Article
9. Reinsurance
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5. Article
10 is amended and supplemented as follows:
"Article
10. Cooperation, competition and bidding in insurance business
1. Insurance enterprises, insurance brokerage enterprise may engage in
cooperate in reinsurance, co-insurance, damage assessment, settlement of
insurance’s benefits , precaution and loss limit, human resource development,
insurance product development, training and management of insurance agents,
sharing information for risk management.
2. Insurance enterprises are able to compete on the conditions, scope,
level of responsibility, cost, service quality, and insurance capacity and
financial capability.
The
competition must be complied with provisions of law on competition and finance
safety guarantee of insurance enterprise; the premium rates must be in
accordance with the conditions, scope and level of liability insurance.
3. Projects
using State capital and assets of State-owned or of State enterprises must make
tender on conditions, scope, level of responsibility, cost, service quality,
insurance capacity and financial capacity of insurance enterprises.
The bidding
must be open and transparent in accordance with this Law and the law on
bidding.
4. Strictly
prohibit the following acts:
a) Collusion
between insurance enterprises or between insurance enterprise and insurance
buyer to divide insurance market, close insurance services;
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c) Abusing
positions and powers in order to assign, require, force, and prevent
organizations and individuals engaged in insurance;
d) Providing untruthful information or advertisement on insurance
contents, operation scope and terms, which cause harms to the legitimate rights
and interests of the insurance buyers;
e) Competing for customers by means of obstructing, inducing, buying off
or intimidating employees or customers of other insurance enterprises, agents
or brokerage enterprises;
f) Illegal sales promotion;
g) Other illegal acts in cooperation, competition and bidding"
6. Article 15 is amended and supplemented as follows:
"Article 15. The time of arising insurance liability
Liability of insurance arises when having one of the following cases:
1. Insurance
contract has been concluded and the insurance buyer has fully paid premiums;
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3. Having
evidence of the insurance contract concluded and the insurance buyer has fully
paid insurance premiums. “
7. Article
59 is amended and supplemented as follows:
"Article
59. The insurance business organizations
The insurance
business organizations including:
1. Insurance
Joint stock;
2. Insurance
limited Liability Company;
3. Insurance
Cooperative;
4. Mutual
insurance organization. "
8. Amend
paragraph 5 of Article 63 as follows:
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9. Point g
and h, Clause 1, Article 69 is amended and supplemented as follows:
"G)
Chairman of the Managing Board, General Director (Director), and calculating
expert;
h) Division,
separation, merger, consolidation, dissolution, and transform of enterprise,
investment abroad. “
10. Point
c, Clause 1, Article 86 is amended and supplemented as follows:
c) Having
certificate of Insurance agent issued by training institutions that the
Ministry of Finance has approved.
The Ministry
of Finance regulates on program, content, training form, issuing of insurance
agent certificate. “
11.
Article 97 is amended and supplemented as follows:
"Article
97. Reserve Fund and insured person protection fund
1. Insurance
enterprises, insurance brokerage enterprises must make a mandatory reserve fund
to supplement the charter capital and ensure their solvency in cash. Mandatory
reserve fund required to be deducted each year by 5% after tax profit. Maximum
rate of this fund will be regulated by the Government.
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3. Insured
person protection fund was set up to protect the interests of insured person in
case of insurance enterprise’s bankruptcy or illiquidity.
The resource to
set up insured person protection fund is established by the percentage on the
premium applicable to all insurance contracts.
The
Government provides for the establishment, management, and use of insured
person protection fund.”
12.
Article 105 is amended and supplemented as follows:
"Article
105. Form of operation
1. Insurance
enterprises, foreign insurance brokerage enterprise are permitted to operate in
Vietnam under the following forms:
a) Limited
liability insurance company, limited liability insurance brokerage company;
b) Branch of
foreign non-life insurance enterprise.
2. Insurance
enterprises, foreign insurance brokerage enterprise provides cross border
insurance services as stipulated by the Government.
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13.
Article 108 is amended and supplemented as follows:
"Article
108. Competence for licensing
The Ministry
of Finance grant establishment and operation licenses for insurance
enterprises, insurance brokerage enterprise with foreign capital investment,
branch of foreign non-life insurance enterprise, licenses for locating
representative offices of insurance enterprises, and foreign insurance
brokerage enterprises in Vietnam. “
14.
Paragraph 4 of Article 120 is amended and supplemented as follows:
"4.To
supervise insurance business activities through professional activities,
financial status, enterprise administration, risk management and the law
observance of insurance enterprises, insurance brokerage enterprises; to apply
measures so that insurance enterprise ensure financial requirements and perform
commitments to insurance buyer; "
15.
Article 122 is amended and supplemented as follows:
"Article
122. Specialized inspection for insurance business
1. State
management agency on insurance business shall perform the function of
specialized inspection for insurance business.
2.
Organization and operation of specialized inspection for insurance business in
accordance with provisions of this Law and laws on inspection. "
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"3.
Training certificate of insurance agent have been issued before the effective
date of this Law is still valid for use, it is not to make procedures to
converter into certificate of insurance agent.”
Article 2
1. This Law
takes effect from July 01, 2011.
2. The
Government shall detail and guide the articles and clauses in Law assigned;
guide other necessary content of this law to meet requirements of state
management.
This law
was adopted by the seventh National Assembly of Socialist Republic of Vietnam,
at its session 8, on November 24, 2010.
CHAIRMAN
OF NATIONAL ASSEMBLY
Nguyen Phu Trong