THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 174/2024/ND-CP
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Hanoi, December
30, 2024
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DECREE
PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INSURANCE
BUSINESS
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law providing amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on penalties for
administrative violations dated June 20, 2012; the Law providing amendments to
the Law on penalties for administrative violations No. 67/2020/QH14 dated
November 13, 2020;
Pursuant to the Law on Insurance Business dated
December 09, 2000; the Law providing amendments to the Law on Insurance
Business dated November 24, 2010; the Law providing amendments to the Law on
Insurance Business and the Law on Intellectual Property dated June 14, 2019;
Pursuant to the Law on Business Insurance dated
June 16, 2022;
Pursuant to the Law on Anti-money Laundering
dated November 15, 2022;
Pursuant to the Law on Anti-terrorism dated June
12, 2013;
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The Government promulgates a Decree prescribing
penalties for administrative violations against regulations on insurance
business.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative
violations, terminated and ongoing administrative violations; penalties, fines,
remedial measures for each administrative violation; entities incurring
penalties; power to impose penalties, specific fines to be imposed by each
title holder and power to record administrative violations in insurance
business sector.
2. Penalties for insurance business-related
administrative violations in other fields which are not prescribed in this
Decree shall be imposed according to the documents prescribing such fields.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and
individuals (hereinafter referred to as “entities”) that commit the
administrative violations against regulations on insurance business as
prescribed herein.
2. The organizations mentioned in Clause 1 of this
Article include:
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b) Representative offices of foreign insurance
companies, foreign reinsurance companies, foreign insurance brokerage companies
or foreign finance and insurance corporations in Vietnam (hereinafter referred
to as “foreign representative office in Vietnam”);
c) Organizations operating as insurance agents;
d) Mutual microinsurance organizations;
dd) Organizations providing auxiliary insurance
services (including insurance companies, insurance brokerage companies and other
organizations that have juridical person status);
e) Other relevant organizations as prescribed
herein.
3. Persons that have the power to impose
administrative penalties, persons that have the power to make records of
administrative violations, and other relevant authorities and entities as
prescribed herein.
Article 3. Penalties and remedial measures
1. Fine shall be the primary penalty imposed upon
an entity for committing an administrative violation in insurance business
sector.
2. Warnings shall be given to the individuals aged
from 14 to under 16 for committing the administrative violations prescribed
herein.
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a) The fines for the administrative violations
prescribed herein are imposed upon individuals, except the fines in Article 9,
Article 10, clause 2 Article 11, Article 12, Article 14, clause 2 Article 15,
Article 16, clause 2 Article 18, Article 20, Article 21, clause 2 Article 22,
Article 24, Article 25, point b, point c clause 1 and point c clause 2 Article
27, Article 28, Article 33, clause 1 Article 38, Article 40 hereof which are
imposed upon organizations;
b) The fine imposed upon an organization is twice
as much as that imposed upon an individual for committing the same
administrative violation;
c) The maximum fine for an administrative violation
in insurance business sector imposed upon an individual is VND 100.000.000;
that imposed upon an organization is VND 200.000.000.
4. Additional penalties: Suspension of operations
for a fixed period.
5. Remedial measures:
a) Enforced restoration to the initial state as
prescribed in point a clauses 1 Article 28 of the Law on penalties for
administrative violations;
b) Enforced announcement or compliance with
regulations on announcement or notification or correction of information;
c) Actuaries are compelled to fulfill all tasks as
prescribed in law; insurance companies, reinsurance companies, foreign branches
in Vietnam, or mutual microinsurance organizations that employ actuaries are
compelled to fulfill all tasks as prescribed in law;
d) Enforced provision of documents used for
concluding insurance policies which are still unexpired at the time of
violation detection for the relevant policyholders;
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e) Enforced provision of the proof of conclusion of
the insurance policies which are still unexpired at the time of violation
detection for the relevant policyholders;
g) Enforced notification of provision of insurance
services and products online to the Ministry of Finance of Vietnam;
h) Enforced strict compliance with regulations of
law;
i) Enforced termination of employment of persons
directly perform insurance brokerage or insurance agent activities;
k) Enforced return of License for establishment and
operation or License for establishment of foreign representative office in
Vietnam;
l) Enforced return of illegally obtained amounts of
money.
Article 4. Prescriptive periods
1. The prescriptive periods for imposition of
penalties for administrative violations in insurance business sector shall
comply with provisions of Article 6 of the Law on penalties for administrative
violations.
2. Determination of prescriptive periods of
administrative violations in insurance business sector:
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b) The prescriptive period of a terminated
administrative violation shall commence to run from the day on which the
commission of violation ends.
3. The ending date of a violation in insurance
business sector which is used for determining the prescriptive period of that
violation is the date on which regulations of law are strictly obeyed, except
those cases specified in clause 4 of this Article. Where it is impossible to
determine the date on which regulations of law are strictly obeyed, the ending
date of a violation in insurance business sector which is used for determining
the prescriptive period of that violation shall be the date of detection of
that violation.
4. Ending dates of some violations in Chapter II
hereof, which are used for determining the prescriptive periods of such
violations, are provided for as follows:
a) Regarding the act of forging the documents
included in an application for License for establishment and operation which
has been issued as prescribed in Article 6 hereof, the ending date of the
violation shall be the date on which such documents are found to be forged;
b) Regarding the act of failing to issue
procedures/regulations, or failing to approve reinsurance/retrocession scheme,
or failing to formulate policies/internal regulations in risk management
prescribed in point b clause 1 Article 9, point a clause 1 Article 13, point b
clause 1 Article 33 hereof, the ending date of the violation shall be the date
on which the procedures/regulations are issued, or the reinsurance/retrocession
scheme is approved, or policies/internal regulations in risk management are
formulated as prescribed by laws;
c) Regarding the violations against regulations on
reporting prescribed in point b clause 2 Article 8, clause 1 Article 12, point
b clause 1 Article 20, point b clause 2 Article 32, point d clause 1 Article
33, point b clause 1 Article 34, point c clause 1 Article 35, point d clause 1
Article 36, Article 37 and Article 39, the ending date of the violation shall
be the date on which the report is submitted in accordance with regulations of
law;
d) Regarding violations against regulations on
announcement of information prescribed in Article 39 hereof, the ending date of
the violation shall be the date on which the announcement is made or the
announcement with adequate contents and correct format is made as prescribed.
Article 5. Principles for determining fines and
suspension periods in case of aggravating and mitigating factors; repeated
administrative violations
1. When determining the fine amounts imposed on the
entities that commit violations under both aggravating and mitigating
circumstances, the aggravating circumstance shall be reduced or relieved
according to the one-for-one rule under which a mitigating circumstance is
offset against an aggravating circumstance.
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a) If none of mitigating and aggravating
circumstances exists, the average fine in the fine range for that violation
shall be imposed;
b) In case 01 mitigating circumstance exists, the
average of the average fine and the minimum fine in the fine range for that
violation shall be imposed;
c) In case 02 or more mitigating circumstance
exist, the minimum fine in the fine range for that violation shall be imposed;
d) In case 01 aggravating circumstance exists, the
average of the average fine and the maximum fine in the fine range for that
violation shall be imposed;
dd) In case 02 or more aggravating circumstance
exist, the maximum fine in the fine range for that violation shall be imposed.
3. In case fixed-period suspension of operation is
imposed as an additional penalty, the specific suspension period is provided
for as follows:
a) If none of mitigating and aggravating
circumstances exists, the average suspension period in the range of suspension
periods for that violation shall be imposed;
b) In case 01 mitigating circumstance exists, the
average of the average suspension period and the minimum suspension period in
the range of suspension periods for that violation shall be imposed;
c) In case 02 or more mitigating circumstance
exist, the minimum suspension period in the range of suspension periods for
that violation shall be imposed;
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dd) In case 02 or more aggravating circumstance
exist, the maximum suspension period in the range of suspension periods for
that violation shall be imposed.
4. Repeated administrative violations:
An entity that repeatedly commits an administrative
violation shall incur penalties for each commission or repetition of that
violation, unless such repeated commission of a violation is considered an
aggravating circumstance as prescribed in Article 13, clause 2 Article 16,
Article 17, Article 18, Article 19, clause 3 Article 20, Article 23, Article
24, Article 25, Article 27, clause 3 Article 30, Article 31 hereof.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL
MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON
ESTABLISHMENT AND OPERATION
Article 6. Penalties for violations against
regulations on applications in case license has been issued
A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
1. An application for issuance or renewal of a
License for establishment of foreign representative office in Vietnam contains
fraudulent information provided with the aim of satisfying eligibility
conditions for issuance or renewal of the license.
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Article 7. Penalties for violations against
regulations on License for establishment and operation, License for
establishment of foreign representative office in Vietnam
1. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to announce information on a foreign
representative office in Vietnam or making such announcement in contravention
of regulations of law and/or provisions of clause 4 Article 76 of the Law on
Insurance Business No. 08/2022/QH15;
b) Failing to publicly announce contents of the
issued License or License for establishment and operation and the official date
of business commencement or making such announcement in contravention of
regulations of law and/or provisions of clause 2 Article 72, Article 135 of the
Law on Insurance Business No. 08/2022/QH15;
c) Failing to notify the satisfaction of
requirements for official commencement of business or failing to give such
notification by the deadline prescribed by law and/or in clause 3 Article 73 of
the Law on Insurance Business No. 08/2022/QH15;
2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for the act of altering the License for
establishment and operation or License for establishment of foreign
representative office in Vietnam.
3. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for changing the charter capital or allocated capital
before obtaining a written approval for such change from the Ministry of
Finance as prescribed by law and/or in point b, clause 1 Article 74, point b
clause 1 Article 136 of the Law on Insurance Business No. 08/2022/QH15.
4. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Performing insurance business, reinsurance or
retrocession activities before the official date of business commencement as
prescribed in clause 2 Article 72, clause 4 Article 73 of the Law on Insurance
Business No. 08/2022/QH15;
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c) Engaging in insurance business, reinsurance,
retrocession or insurance brokerage against the issued License for
establishment and operation;
d) Doing activities or business directly related to
the contents and/or scope of an administrative violation resulting in
suspension of operation of the violating entity which is still unexpired or
while the License for establishment and operation has been revoked or has
expired;
dd) Doing business activities against the issued
License for establishment of foreign representative office in Vietnam or while this
License has been revoked as prescribed by law and/or in Article 61 of the
Decree No. 46/2023/ND-CP or has expired.
5. Remedial measures:
a) The entity that commits the violation in clause
1 or 2 of this Article is compelled to announce or comply with regulations on
announcement or notify or correct information;
b) The entity that commits the violation in clause
2 of this Article is compelled to return the issued License for establishment
and operation or License for establishment of foreign representative office in
Vietnam;
c) Enforced restoration of the initial state which
has been altered due to the violation in clause 3 or 4 of this Article.
Article 8. Penalties for violations against
regulations on split-off, split-up, consolidation, merger, conversion of
business type, dissolution of enterprises and shutdown of foreign branches in
Vietnam
1. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for carrying out dissolution of an insurance
company, reinsurance company or insurance brokerage company or shutdown of a
foreign branch in Vietnam in contravention of law and/or provisions of Article
115, point e clause 1 Article 136 of the Law on Insurance Business No.
08/2022/QH15, clause 5 Article 17, Article 55, Article 72 of the Decree No.
46/2023/ND-CP.
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a) Carrying out split-off, split-up, consolidation,
merger or conversion of business type before obtaining a written approval from
the Ministry of Finance as prescribed by law and/or in point e clause 1 Article
74, point e clause 1 Article 136 of the Law on Insurance Business No.
08/2022/QH15;
b) Failing to provide the Ministry of Finance with
a report on the results of the split-off, split-up, consolidation, merger or
conversion of business type which is carried out according to the plan approved
by the Ministry of Finance as prescribed by law and in clause 4 Article 23,
clause 4 Article 71 of the Decree No. 46/2023/ND-CP.
3. Remedial measures:
Enforced restoration of the initial state which has
been altered due to the violation in clause 1 or point a 2 of this Article.
Section 2. VIOLATIONS AGAINST REGULATIONS ON
OPERATION ORGANIZATION
Article 9. Penalties for violations against
regulations on operation organization of insurance companies, reinsurance
companies, foreign branches in Vietnam, and mutual microinsurance organizations
1. A fine ranging from VND 60.000.000 to VND
100.000.000 shall be imposed upon an insurance company, reinsurance company,
foreign branch in Vietnam, or mutual microinsurance organization for committing
one of the following violations:
a) The corporate organizational structure of the
insurance company, reinsurance company, foreign branch in Vietnam, or mutual
microinsurance organization fails to comply with regulations of law and/or
provisions of Article 79 of the Law on Insurance Business No. 08/2022/QH15,
Article 20 of the Decree No. 21/2023/ND-CP;
b) The insurance company, reinsurance company,
foreign branch in Vietnam, or mutual microinsurance organization fails to issue
its rules, regulations and procedures as prescribed by law and/or in point c
clause 2 Article 73 of the Law on Insurance Business No. 08/2022/QH15, clause 2
Article 26, clause 4 Article 39 of the Decree No. 21/2023/ND-CP;
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2. A fine ranging from VND 140.000.000 to VND
180.000.000 shall be imposed upon an insurance company, reinsurance company,
foreign branch in Vietnam, or mutual microinsurance organization for committing
one of the following violations:
a) The insurance company, reinsurance company, or
foreign branch in Vietnam fails to keep General Director (Director) and/or
Actuary as prescribed by law and/or in clause 4 Article 80 of the Law on
Insurance Business No. 08/2022/QH15.
b) Manager(s) and/or controller(s) of the insurance
company, reinsurance company, or foreign branch in Vietnam fail(s) to meet
eligibility requirements and standards laid down in law and/or in Article 81 of
the Law on Insurance Business No. 08/2022/QH15, Article 26, Article 27, Article
28, Article 29, Article 30 of the Decree 46/2023/ND-CP;
c) Chairperson of the Management Board, General
Director (Director) and/or Actuary(ies) of the mutual microinsurance
organization fails to meet eligibility requirements and standards laid down in
law and/or in Article 24, clause 1, clause 2, clause 3 Article 25 of the Decree
No. 21/2023/ND-CP;
d) Breaking the office-holding principles laid down
in Article 82 of the Law on Insurance Business No. 08/2022/QH15;
dd) Replacing the Chairperson of the Management
Board (Chairperson of the Board of Members), General Director (Director) and/or
Actuary(ies) before obtaining a written approval from the Ministry of Finance
of Vietnam as prescribed by law and/or in point dd clause 1 Article 74 of the
Law on Insurance Business No. 08/2022/QH15.
3. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in Clause 1 or Clause 2 of this Article.
Article 10. Penalties for violations against
regulations on managers of insurance brokerage companies
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a) Deputy Director or Deputy General Director,
Chief Accountant, or head of operations department of the insurance brokerage
company fails to satisfy eligibility standards laid down in law and/or in
clause 1 Article 138 of the Law on Insurance Business No. 08/2022/QH15, Article
79, Article 80 of the Decree No. 46/2023/ND-CP.
b) Chairperson of the Management Board or Chairperson
of the Board of Members, Director or General Director fails to satisfy
eligibility standards laid down in law and/or in Article 77, Article 78 of the
Decree No. 46/2023/ND-CP;
c) Replacing Chairperson of the Management Board or
Chairperson of the Board of Members, Director or General Director before
obtaining a written approval from the Ministry of Finance of Vietnam as
prescribed by law and/or in point dd clause 1 Article 136 of the Law on
Insurance Business No. 08/2022/QH15.
2. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in Clause 1 of this Article.
Article 11. Penalties for violations against
regulations on actuaries
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon an actuary for:
a) Failing to perform his/her duties as assigned by
the insurance company, reinsurance company, foreign branch in Vietnam, or
mutual microinsurance organization as prescribed by law and/or in point c
clause 4 Article 82 of the Law on Insurance Business No. 08/2022/QH15, clause 3
Article 25 of the Decree No. 21/2023/ND-CP;
b) Failing to adequately perform his/her duties as
assigned by the insurance company, reinsurance company, or foreign branch in
Vietnam as prescribed by law and/or in clause 4 Article 82 of the Law on
Insurance Business No. 08/2022/QH15, clause 3 Article 25 of the Decree No.
21/2023/ND-CP;
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3. Remedial measures:
a) Enforced strict compliance with regulations of
law in case of commission of the violation in point a clause 1 of this Article;
b) The actuary who commits the violation in point b
clause 1 of this Article is compelled to adequately perform his/her duties as
prescribed by law;
c) The insurance company, reinsurance company, or
foreign branch in Vietnam that commits the violation in clause 2 of this
Article is compelled to employ actuary(ies) to perform all duties as prescribed
by law.
Article 12. Penalties for violations against
regulations on changes requiring approval or notification
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon an insurance company, reinsurance company,
insurance brokerage company, or foreign branch in Vietnam for committing one of
the following violations: failing to give notification to the Ministry of
Finance or failing to give such notification by the deadline prescribed by law
and/or in clause 3 Article 74, clause 2 Article 136 of the Law on Insurance
Business No. 08/2022/QH15;
2. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed upon an insurance company, insurance brokerage
company, reinsurance company, or foreign branch in Vietnam for changing its
name and/or relocating its headquarters address before obtaining a written
approval from the Ministry of Finance of Vietnam as prescribed by law and/or in
point a clause 1 Article 74, point a clause 1 Article 136 of the Law on
Insurance Business No. 08/2022/QH15.
3. A fine ranging from VND 160.000.000 to VND
200.000.000 shall be imposed upon an insurance company, reinsurance company,
insurance brokerage company, or foreign branch in Vietnam for approval from the
Ministry of Finance of Vietnam for committing any violation against regulations
on changes requiring written approval from the Ministry of Finance as prescribed
by law and/or in point d, point g clause 1 Article 74, point c, point d clause
1 Article 136 of the Law on Insurance Business No. 08/2022/QH15.
4. Remedial measures:
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b) Enforced restoration of the initial state which
has been altered due to the violation in clause 3 of this Article.
Article 13. Penalties for violations against
regulations on engagement in reinsurance, retrocession by insurance companies,
reinsurance companies, foreign branches in Vietnam, and mutual microinsurance
organizations
1. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for committing one of the following violations:
a) Failing to approve the reinsurance or
retrocession scheme as prescribed by law;
b) Using a reinsurance or retrocession scheme which
does not have adequate contents as prescribed by law;
c) Organizing the implementation of a reinsurance
or retrocession scheme in contravention of regulations of law.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Reinsuring or retroceding all of the insured or
reinsured liabilities under an insurance policy or reinsurance contract to one
or some domestic and foreign insurance companies, reinsurance companies, or
foreign insurance companies accepting retrocession, and other foreign branches
in Vietnam;
b) The applied retention fails to comply with regulations
of law;
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d) Reinsuring or retroceding to a foreign insurance
company or foreign reinsurance company that fails to meet relevant eligibility
requirements as prescribed by law;
dd) Accepting reinsurance of the same risks which
have been retroceded against regulations of law.
3. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1, or clause 2 of this Article
(for unexpired insurance policies or contracts);
Article 14. Penalties for violations against
regulations on transfer of insurance policy portfolios
1. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed upon an insurance company or branch of foreign
non-life insurance company for committing one of the following violations:
a) Carrying out the transfer of the portfolio of
insurance policies before obtaining a written approval from the Ministry of
Finance as prescribed in clause 1 Article 93 of the Law on Insurance Business
No. 08/2022/QH15;
b) Failing to transfer the portfolio of insurance
policies as prescribed by law and/or in Article 91 of the Law on Insurance
Business No. 08/2022/QH15;
c) The transferor continues entering into new
insurance policies in the transferred line of insurance as prescribed in clause
4 Article 34 of the Decree No. 46/2023/ND-CP.
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a) Enforced strict compliance with regulations of
law in case of commission of the violation in clause 1 of this Article;
b) Enforced restoration of the initial state which
has been altered due to the violation in clause 1 of this Article.
Article 15. Penalties for violations against
regulations on insurance claims, insurance payout
1. The following fines shall be imposed for
colluding with insurance policies in settling insurance claims and/or paying
out claims against regulations of law; forging documents or deliberately
falsifying information to reject insurance claims or payment for claims when
insurable events occur; forging documents or deliberately falsifying
information shown in documents required for filing claims for insurance
coverage and payout; causing self-harm or self-injury or deliberately
self-inflicted loss or damage to property to claim insurance benefits, unless
otherwise prescribed in laws and if not liable to criminal prosecution:
a) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if any of the abovementioned violations results in
the illegally obtained amount of less than VND 10.000.000 or causes damage
assessed at less than VND 20.000.000;
b) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if any of the abovementioned violations results in
the illegally obtained amount of from VND 10.000.000 to less than VND
15.000.000 or causes damage assessed at from VND 20.000.000 to less than VND
30.000.000;
c) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed if any of the abovementioned violations results in
the illegally obtained amount of from VND 15.000.000 to less than VND
20.000.000 or causes damage assessed at from VND 30.000.000 to less than VND
50.000.000.
2. A fine ranging from VND 160.000.000 to VND
200.000.000 shall be imposed upon a corporate legal entity for performing any
act of frauds described in clause 1 Article 213 of the 2015 Criminal Code (as
amended in 2017) if the violation involves an illegally obtained amount of less
than VND 200.000.000 or causes damage assessed at less than VND 400.000.000 or
is not serious to the extent that a criminal prosecution is brought.
3. Remedial measure:
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Section 3. VIOLATIONS AGAINST REGULATIONS ON
PROVISION OF INSURANCE PRODUCTS
Article 16. Penalties for violations against
regulations on provision of insurance products
1. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon an insurance company, branch of foreign non-life
insurance company, mutual microinsurance organization or insurance brokerage
company for failing to notify the Ministry of Finance within 07 working days
from the day on which it provides insurance services/products online of the
information on its profiles, insurance services/products, method of providing
insurance services/products, and other information concerning its provision of
insurance services/products online.
2. A fine ranging from VND 60.000.000 to VND
100.000.000 shall be imposed upon an insurance company or branch of foreign
non-life insurance company for committing one of the following violations:
a) Failing to provide the policyholder with
documents necessary for conclusion of the insurance policy as prescribed by law
and/or in point a clause 2 Article 20 of the Law on Insurance Business No.
08/2022/QH15;
b) Failing to give the policyholder with explicit
and adequate explanations about insurance benefits, disclaimer clause, rights
and obligations of the policyholder when concluding the insurance policy as
prescribed by law and/or in point b clause 2 Article 20 of the Law on Insurance
Business No. 08/2022/QH15;
c) Failing to provide the policyholder with the
proof of conclusion of the insurance policy as prescribed by law and/or in
Article 18 of the Law on Insurance Business No. 08/2022/QH15;
d) Using threats and force to obtain the consent to
an insurance policy, as prescribed in clause 5 Article 9 of the Law on
Insurance Business No. 08/2022/QH15.
3. Remedial measures:
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b) Enforced provision of documents necessary for
concluding insurance policies which are still unexpired at the time of
violation detection for the relevant policyholders in case of commission of the
violation in point a clause 2 of this Article;
c) Enforced provision of explicit and adequate
explanations about insurance benefits, disclaimer clause, rights and
obligations of the policyholder covered by the insurance policies which are
still unexpired at the time of violation detection for the relevant
policyholders in case of commission of the violation in point b clause 2 of
this Article;
d) Enforced provision of the proof of conclusion of
insurance policies which are still unexpired at the time of violation detection
for the relevant policyholders in case of commission of the violation in point
c clause 2 of this Article.
Article 17. Penalties for violations against
regulations on provision of life insurance, health insurance by insurance
companies, branches of foreign non-life insurance companies, and mutual
microinsurance organizations
1. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Rules, terms and conditions of insurance do not
comply with regulations of law;
b) Summaries of rules, terms and conditions of
insurance of life insurance/health insurance products do not comply with regulations
of law;
c) Sales illustration materials of life insurance
products do not comply with regulations of law;
d) Insurance application form, questionnaire
related to the insured risks, insured subject matters of life insurance/health
insurance products do not comply with regulations of law;
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e) Information, advertising on life insurance
products do not comply with regulations of law;
g) Failing to strictly comply with regulations of
law on investment-linked insurance, retirement insurance and/or health
insurance products.
2. Additional penalty:
The entity that commits the violation in point g
clause 1 of this Article shall be suspended from performing a part of
contents/scope of business specified in the issued License for establishment
and operation which is directly related to the violation for a fixed period of
01 - 03 months.
3. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 of this Article.
Article 18. Penalties for violations against
regulations on insurance products, insurance commissions of insurance
companies, branches of foreign non-life insurance companies, and mutual
microinsurance organizations
1. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Providing insurance products in the lines of
life insurance, health insurance, motor vehicle insurance or microinsurance
before obtaining the Ministry of Finance’s approval of the premium calculation
methods and bases or modifications thereto as prescribed by law and/or in
clause 3 Article 87, clause 2 Article 145 of the Law on Insurance Business No.
08/2022/QH15, Article 32 of the Decree No. 46/2023/ND-CP, Article 6 of the
Decree No. 21/2023/ND-CP;
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2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed upon an insurance company, branch of foreign
non-life insurance company, or mutual microinsurance organization for settling
or paying insurance agent commissions, rewards, grants for insurance agents and
other interests specified in insurance agent agreements against regulations of
law.
3. Additional penalty:
The entity that commits the violation in clause 1
or clause 2 of this Article shall be suspended from performing a part of
contents/scope of business specified in the issued License for establishment
and operation which is directly related to such administrative violation for a
fixed period of 01 - 03 months.
4. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 or clause 2 of this Article.
Article 19. Penalties for violations against
regulations on compulsory insurance of non-life insurance companies, branches
of foreign non-life insurance companies
1. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Refusing to sell compulsory insurance to
individuals/organizations, unless otherwise prescribed by law;
b) Failing to comply with the scope of insurance
coverage, disclaimer of insured liabilities, insurance premiums, deductibles,
limit of liability and/or minimum sum insured for compulsory insurance as
prescribed by law and/or in Article 6, Article 7, Article 8, Article 24,
Article 25, Article 26, Article 33, Article 34, Article 37, Article 42, Article
43, Article 45, clause 2 Article 48, Article 49, Article 51, Article 55,
Article 56, Article 58 of the Decree No. 67/2023/ND-CP;
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d) Offering promotion or discount on compulsory
civil liability insurance of motor vehicle owners, as prescribed in clause 1
Article 75 of the Decree No. 67/2023/ND-CP;
dd) Failing to set up and maintain 24/7
availability of hotlines to receive information on accidents and loss, instruct
and reply to policyholders, the insured and relevant parties with issues
concerning compulsory insurance as prescribed by law and/or in clause 3 Article
75 of the Decree No. 67/2023/ND-CP;
e) Failing to integrate the feature of searching
for Certificate of compulsory civil liability insurance of motor vehicle owner
on the website/web portal of the insurance company as prescribed by law
and/or in clause 4 Article 75 of the Decree No. 67/2023/ND-CP;
g) Granting insurance certificates which do not
have adequate contents as prescribed by law and/or in clause 2 Article 10,
clause 1 Article 27 of the Decree No. 67/2023/ND-CP;
h) Making contributions to the Motor vehicle
insurance fund against regulations of law and/or provisions of clause 11
Article 75 of the Decree No. 67/2023/ND-CP;
i) Failing to provide and/or update information to
the database of compulsory civil liability insurance of motor vehicle owners as
prescribed by law and/or in clause 13 Article 75 of the Decree No.
67/2023/ND-CP;
k) Failing to record calls to the hotlines as
prescribed by law and/or in clause 3 Article 75 of the Decree No.
67/2023/ND-CP;
l) Failing to comply with regulations on coverage
period as prescribed by law and/or in Article 9, Article 36, Article 44,
Article 50, Article 57 of the Decree No. 67/2023/ND-CP;
m) Paying, advancing indemnity against regulations
of law and/or provisions of Article 12, Article 13, Article 28, Article 29,
Article 39, Article 40, Article 46, Article 47, Article 52, Article 53, Article
59, Article 60 of the Decree No. 67/2023/ND-CP.
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The entity that commits the violation in point b
clause 1 of this Article shall be suspended from performing a part of
contents/scope of business specified in the issued License for establishment
and operation which is directly related to such administrative violation for a
fixed period of 01 - 03 months.
3. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 of this Article.
Article 20. Penalties for violations against
regulations on methods for provision of cross-border insurance services
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed upon an insurance company, foreign branch, or
insurance brokerage company that is issued with a License in Vietnam for
committing one of the following violations:
a) Failing to retain and providing the documents
proving that the provider of cross-border insurance services in Vietnam
satisfies the eligibility requirements as prescribed by law and/or in clause 1
Article 90 of the Decree No. 46/2023/ND-CP;
b) Failing to submit reports on engagement in
provision of cross-border insurance services to the Ministry of Finance or
submitting such reports against regulations of law and/or provisions of clause
2 Article 90 of the Decree No. 46/2023/ND-CP;
2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon a foreign-invested economic organization or
foreigner working in Vietnam for committing one of the following violations:
a) Participating in insurance schemes abroad
without using services rendered by insurance brokerage companies that are duly
issued with the License for establishment and operation in Vietnam as
prescribed by law and/or in Article 6 of the Law on Insurance Business No.
08/2022/QH15.
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3. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed upon an insurance company, foreign branch, or
insurance brokerage company that is issued with a License in Vietnam for
committing one of the following violations:
a) Using foreign insurance/insurance brokerage
companies providing cross-border insurance/insurance brokerage services in
Vietnam that fail to satisfy all of the eligibility requirements for rendering
cross-border insurance services as prescribed by law and/or in Article 86 of
the Decree No. 46/2023/ND-CP;
b) Using foreign organizations providing
cross-border insurance auxiliary services in Vietnam that fail to satisfy all
of the eligibility requirements for rendering cross-border insurance auxiliary
services as prescribed by law and/or in Article 87 of the Decree No.
46/2023/ND-CP;
c) Using an organization providing cross-border
insurance/insurance brokerage services that is not headquartered in the country
or territory of which the Government has entered into an international trade
convention containing specific agreements on provision of cross-border
insurance services in Vietnam with the Government of Vietnam as prescribed by
law and/or in clause 1 Article 85 of the Decree No. 46/2023/ND-CP.
d) Using an organization providing cross-border
insurance services not through an insurance brokerage company that is issued
with a License for establishment and operation in Vietnam as prescribed by law
and/or in clause 1 Article 88 of the Decree No. 46/2023/ND-CP.
4. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 of this Article.
Section 4. VIOLATIONS AGAINST REGULATIONS ON
INSURANCE BROKERAGE, INSURANCE AGENT, INSURANCE AUXILIARY SERVICES AND FOREIGN
REPRESENTATIVE OFFICES IN VIETNAM
Article 21. Penalties for violations against
regulations on purchase of professional liability insurance by insurance
brokerage companies
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Article 22. Penalties for violations against
regulations on purchase of professional liability insurance by insurance
auxiliary service providers
1. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed upon an individual providing consulting services
for failing to purchase professional liability insurance providing coverage and
protection for his/her provision of consulting services as prescribed by law
and/or in clause 4 Article 142 of the Law on Insurance Business No.
08/2022/QH15.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon an organization providing insurance auxiliary
services for failing to purchase professional liability insurance specific to
type of insurance auxiliary services it renders as prescribed by law and/or in
clause 4 Article 142 of the Law on Insurance Business No. 08/2022/QH15.
Article 23. Penalties for violations against
regulations on insurance brokerage
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to enter into written agreements with
clients when rendering insurance brokerage services or entering into written
agreements which do not clearly indicate the insurance brokerage service
provided, validity of the agreement, rights and obligations of each party as
prescribed by law;
b) Preventing policyholders or insured persons from
providing information related to insurance policies or inciting policyholders
or insured persons not to give details about insurance policies; doing
promotion in the form of promises to provide illegal benefits to incite clients
to enter into insurance policies; inciting policyholders to nullify insurance
policies remaining in effect to purchase new insurance policies, as prescribed
in point a, point b, point c clause 3 Article 137 of the Law on Insurance
Business No. 08/2022/QH15;
c) Failing to ensure privacy and security for
information provided by clients, insurance companies, reinsurance companies and
foreign branches in Vietnam, except as requested by the competent regulatory
authority or agreed by clients, insurance companies, reinsurance companies and
foreign branches in Vietnam as prescribed by law and/or in point a clause 2
Article 137 of the Law on Insurance Business No. 08/2022/QH15;
d) Failing to pay clients compensation for any loss
or damage caused during the process of rendering insurance brokerage services
as prescribed by law and/or in point b clause 2 Article 137 of the Law on
Insurance Business No. 08/2022/QH15;
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2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Advising clients to conclude insurance policies
with an insurer or branch of foreign non-life insurance company whose insurance
terms and conditions are less competitive than those of another insurer or
branch of foreign non-life insurance company with the aim of earning a higher
broking commission, as prescribed in point d clause 3 Article 137 of the Law on
Insurance Business No. 08/2022/QH15;
b) Providing clients with false information or
information irrelevant to insurance terms and conditions imposed by insurance
companies or branches of foreign non-life insurance companies, as prescribed in
point dd clause 3 Article 137 of the Law on Insurance Business No.
08/2022/QH15.
3. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for using persons who directly providing insurance
brokerage services but do not meet relevant eligibility requirements as
prescribed by law and/or in clause 2 Article 138 of the Law on Insurance
Business No. 08/2022/QH15.
4. Additional penalty:
The entity that commits one of the violations in
clause 2 of this Article shall be suspended from providing insurance services
which are directly related to such administrative violation for a fixed period
of 01 - 03 months.
5. Remedial measures:
a) Enforced strict compliance with regulations of
law in case of commission of the violation in Clause 1 or Clause 2 of this
Article;
b) The insurance brokerage company is compelled to
stop using persons who directly provide insurance brokerage services in
contravention of regulations as prescribed in clause 3 of this Article for a
period of 12 months from its receipt of the decision on imposition of
administrative penalties.
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1. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed upon an insurance company, branch of foreign
non-life insurance company, or mutual microinsurance organization for
committing one of the following violations:
a) Using a person who is acting as an insurance
agent for another insurance company or branch of foreign non-life insurance
company operating in the same line of insurance as that of the insurance
company or branch of foreign non-life insurance company for which he/she is
acting as an insurance agent against regulations of law and/or provisions of
clause 1 Article 127 of the Law on Insurance Business No. 08/2022/QH15;
b) Using a person who is acting as an insurance
agent for another mutual microinsurance organization against regulations of law
and/or provisions of clause 1 Article 127 of the Law on Insurance Business No.
08/2022/QH15;
c) Using an organization as an insurance agent
without obtaining the written approval from the insurance company, branch of
foreign non-life insurance company, or mutual microinsurance organization for
which this organization is acting as an insurance agent against regulations of
law and/or provisions of clause 2 Article 127 of the Law on Insurance Business
No. 08/2022/QH15;
d) Using organizations/persons that do not meet
eligibility requirements for insurance agents as prescribed by law and/or in
Article 125 of the Law on Insurance Business No. 08/2022/QH15, Article 62 of
the Decree No. 46/2023/ND-CP;
dd) Issuing an insurance policy in case the
recording, which is made as prescribed by law, does not contain the
policyholder’s certification that the policyholder voluntarily participates in
insurance and that the insurance policy is appropriate to their financial
capacity and insurance demands;
e) Entering into an additional individual agent
contract with an employee of the organization rendering insurance agent
services in order to market the same insurance policy;
g) Failing to organize training and knowledge
updating sessions to be provided for insurance agents as prescribed by law
and/or in point b clause 2 Article 128 of the Law on Insurance Business No.
08/2022/QH15.
2. A fine ranging from VND 60.000.000 to VND 100.000.000
shall be imposed upon an insurance company, branch of foreign non-life
insurance company, or mutual microinsurance organization for failing to adopt
measures for inspecting and supervising execution of insurance agent contracts,
and measuring the performance in insurance product consulting and offering
activities of insurance agents and staff members of organizations rendering
insurance agent services as prescribed by law; detecting but failing to take
actions against insurance agents that commit one of the following violations:
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b) Preventing policyholders from providing
information about insurance policies, or inciting policyholders or insured
persons not to declare information relating the insurance policies, as
prescribed in point b clause 3 Article 129 of the Law on Insurance Business No.
08/2022/QH15;
c) Competing for clients by precluding, enticing,
bribing and threatening employees or clients of other insurance companies,
branches of foreign non-life insurance companies, mutual microinsurance
organizations, insurance agents or insurance brokerage companies, as prescribed
in point c clause 3 Article 129 of the Law on Insurance Business No.
08/2022/QH15;
d) Inciting clients to nullify insurance policies
that are in effect in any form, as prescribed in point d clause 3 Article 129
of the Law on Insurance Business No. 08/2022/QH15;
dd) Failing to provide insurance product
consulting, offering and marketing services and/or information about insurance
products, insurance companies, branches of foreign non-life insurance companies
or mutual microinsurance organizations to policyholders in an adequate and
accurate manner as prescribed by law and/or in point d clause 2 Article 129 of
the Law on Insurance Business No. 08/2022/QH15;
e) Failing to give policyholders with explicit and
adequate explanations about insurance benefits, disclaimer clause, rights and
obligations of the policyholder as prescribed by law and/or in point d clause 2
Article 129 of the Law on Insurance Business No. 08/2022/QH15;
g) Declaring information for policyholders without
obtaining approval from policyholders, as prescribed in point d clause 2
Article 129 of the Law on Insurance Business No. 08/2022/QH15;
h) Failing to explain to policyholders that
purchase of insurance products is not a prerequisite for using other
products/services of the organization rendering insurance agent services as prescribed
by law;
i) Providing consulting and offering services, and
arranging for conclusion of investment-linked insurance policy for a client
within 60 days before or after disbursement of the loan amount in full;
k) Failing to comply with regulations on provision
of investment-linked insurance products through insurance agents as prescribed
by law.
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a) Enforced strict compliance with regulations of
law in case of commission of the violation in clause 1 or clause 2 of this
Article;
b) The insurance company, branch of foreign
non-life insurance company or mutual microinsurance organization is compelled
to stop using the insurance agents directly involved in any of the violations
in clause 1 and clause 2 of this Article for a period of 12 months from its
receipt of the decision on imposition of administrative penalties.
Article 25. Penalties for violations against
regulations on issuance and revocation of insurance practicing certificates,
insurance agent practicing certificates, insurance brokerage practicing
certificates and practicing certificates in insurance auxiliary services
1. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed upon an insurance company, branch of foreign
non-life insurance company or mutual microinsurance organization for providing
training programs for insurance agent practicing certificates which fail to
comprise adequate training contents as prescribed by law and/or in clause 2
Article 130 of the Law on Insurance Business No. 08/2022/QH15.
2. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed upon a domestic insurance training institution for
issuing and revoking insurance practicing certificates, insurance brokerage
practicing certificates and/or practicing certificates in insurance auxiliary
services against regulations of law and/or provisions of clause 6 Article 81,
clause 2 Article 139, clause 4 Article 143 of the Law on Insurance Business No.
08/2022/QH15.
3. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 or clause 2 of this Article.
Article 26. Penalties for violations committed
by foreign representative offices in Vietnam
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
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b) Failing to notify changes as prescribed by law
and/or in clause 4 Article 76 of the Law on Insurance Business No.
08/2022/QH15.
2. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 of this Article (except
changes in registered business lines of a foreign representative office in
Vietnam).
Article 27. Penalties for violations against
regulations on provision of insurance auxiliary services of insurance auxiliary
service providers
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations
committed during provision of insurance auxiliary services:
a) Failing to protect client privacy and personal
information of clients or using client’s information to serve purposes other
than permitted ones or providing information for any third party without
client's consent, unless such information is provided as prescribed by law;
b) An organization providing insurance auxiliary
services provides loss assessment services and support for payment of insurance
claims against insurance policies whereunder this organization is also the
policyholder, insured or beneficiary;
c) An insurance brokerage company provides loss
assessment services for insurance policies that it has arranged to conclude;
d) Failing to use written contracts for provision
of insurance auxiliary services.
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a) Providing types of insurance auxiliary services
other than the permitted ones;
b) Providing insurance auxiliary services while
failing to satisfy eligibility requirements for provision of insurance
auxiliary services as prescribed by law;
c) An organization that does not have juridical
person status provides one of the following insurance auxiliary services:
insurance risk assessment, insurance actuarial service, loss assessment or
support for payment of insurance claims.
3. Additional penalties:
a) The individual who commits the violation in
point b clause 2 of this Article shall be suspended from provision of insurance
auxiliary services for a fixed period of 01 – 03 months;
b) The organization that commits the violation in
point a or b clause 2 of this Article shall be suspended from provision of
insurance auxiliary services for a fixed period of 01 – 03 months.
Article 28. Penalties for violations against
regulations on capital
1. A fine ranging from VND 160.000.000 to VND
200.000.000 shall be imposed upon an insurance company, reinsurance company,
insurance brokerage company, foreign branch in Vietnam, or mutual
microinsurance organization for committing one of the following violations:
a) Maintaining the owner's equity lower than the
legal capital as prescribed by law and/or in clause 2 Article 94 of the Law on
Insurance Business No. 24/2000/QH10;
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c) Maintaining the charter capital and owner's
equity lower than the minimum required amount of charter capital as prescribed
by law and/or in clause 3 Article 138 of the Law on Insurance Business No.
08/2022/QH15; maintaining the working capital lower than the minimum required
amount of establishment capital as prescribed in clause 2 Article 36 of the
Decree No. 21/2023/ND-CP;
d) Failing to maintain the capital adequacy ratio
as prescribed by law and/or in clause 2 Article 95 of the Law on Insurance
Business No. 08/2022/QH15.
2. Additional penalty:
The entity that commits the violation in clause 1
of this Article shall be suspended from performing a part or all of
contents/scope of business specified in the issued License for establishment
and operation which is directly related to such administrative violation for a
fixed period of 01 - 03 months.
3. Remedial measure:
Enforced strict compliance with regulations of law
on capital and capital adequacy ratio in case of commission of the violation in
Clause 1 of this Article.
Article 29. Penalties for violations against
regulations on compulsory deposit
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Making deposit against regulations of law and/or
provisions of clause 1, clause 2 Article 96 of the Law on Insurance Business
No. 08/2022/QH15, Article 37 of the Decree No. 21/2023/ND-CP;
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2. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1 of this Article.
Article 30. Penalties for violations against
regulations on technical provisions and compulsory reserves
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for setting aside the compulsory reserve fund
against regulations of law and/or provisions of clause 1, clause 2 Article 98
of the Law on Insurance Business No. 08/2022/QH15, clause 1 Article 42 of the
Decree No. 21/2023/ND-CP.
2. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
a) Failing to register technical provisioning
methods and bases with the Ministry of Finance of Vietnam or setting aside
technical provisions before obtaining approval from the Ministry of Finance of
Vietnam as prescribed by law and/or in clause 3 Article 97 of the Law on
Insurance Business No. 08/2022/QH15, Article 45 of the Decree No.
46/2023/ND-CP;
b) Using the compulsory reserve fund against
regulations of law.
3. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Setting aside technical provisions against the
methods and bases registered with the Ministry of Finance of Vietnam as
prescribed by law and/or in Article 45 of the Decree No. 46/2023/ND-CP;
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c) Setting aside technical provisions without
certification given by actuaries as prescribed by law and/or in clause 1
Article 38 of the Decree No. 46/2023/ND-CP;
d) Setting aside technical provisions against
regulations of law and/or provisions of clause 2 Article 97 of the Law on
Insurance Business No. 08/2022/QH15; Article 38 of the Decree No.
21/2023/ND-CP.
4. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1, clause 2, point a, point b
or point d clause 3 of this Article.
Article 31. Penalties for violations against
regulations on investment of funds
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to separately record and monitor assets
invested in using the owner's equity and those assets invested in using the
idle capital derived from technical provisions;
b) A reinsurance company that concurrently engages
in life reinsurance, non-life reinsurance and health reinsurance fails to
separately record and monitor assets invested in using the idle capital derived
from technical provision for each type of its reinsurance services.
2. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for committing one of the following violations
against investment rules:
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b) Making investment using idle capital derived
from technical provision against regulations of law and/or provisions of
Article 61, Article 62 of the Decree No. 73/2016/ND-CP; clause 3 Article 39 of
the Decree No. 21/2023/ND-CP;
c) Making investment accounting for more than 30%
of total investment fund in companies belonging to the same group of companies
having mutual ownership relationship as prescribed by law and/or in point d
clause 2 Article 99 of the Law on Insurance Business No. 08/2022/QH15;
d) Making investments using the owner's equity
against regulations of law and/or provisions of Article 46 of the Decree No.
46/2023/ND-CP; making investments using the establishment capital, compulsory
reserve fund and idle capital derived from technical provision of a mutual
microinsurance organization against regulations of law and/or provisions of
clause 3 Article 39 of the Decree No. 21/2023/ND-CP;
dd) Making fiduciary investment through a trustee
that fails to obtain a license to perform fiduciary investment activities
falling within the scope of such fiduciary investment as prescribed by law
and/or in point g clause 2 Article 99 of the Law on Insurance Business No.
08/2022/QH15.
3. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Using borrowed funds for making direct
investment or fiduciary investment in securities, real estate business or
contribution of capital to other enterprises against regulations of law and/or
provisions of point c clause 2 Article 99 of the Law on Insurance Business No.
08/2022/QH15;
b) Making investments in any form in return for
those of shareholders, capital-contributing members or their related persons as
prescribed in the Law on enterprises, except in case of deposits made at such
shareholders or members that are credit institutions, against regulations of
law and/or provisions of point dd clause 2 Article 99 of the Law on Insurance
Business No. 08/2022/QH15;
c) Using technical provisions for making outward
investments in any form against regulations of law and/or provisions of point b
clause 2 Article 99 of the Law on Insurance Business No. 08/2022/QH15;
d) Purchasing corporate bonds issued to serve
certain purposes of restructuring of debts of the issuer against regulations of
law and/or provisions of point e clause 2 Article 99 of the Law on Insurance Business
No. 08/2022/QH15;
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e) Making outward investment against regulations of
law and/or provisions of Article 100 of the Law on Insurance Business No.
08/2022/QH15, except the cases prescribed in clause 3 Article 12 of this
Decree.
4. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 2 or clause 3 of this Article.
Section 5. VIOLATIONS AGAINST REGULATIONS ON
SOLVENCY, RISK MANAGEMENT, INTERNAL CONTROL AND INTERNAL AUDIT
Article 32. Penalties for violations against
regulations on financial safety requirements to be satisfied during operation
of enterprises
1. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for failing to submit reports on
current financial status and causes of insolvency risk in a timely manner as
prescribed by law and/or in clause 2 Article 78 of the Law on Insurance
Business No. 24/2000/QH10.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Failing to implement or improperly implementing
one or some of the plans for restoring the solvency and strengthening
organization and operation of the insurance company facing insolvency risk as
approved by the Ministry of Finance as prescribed by law and/or in clause 1
Article 79 of the Law on Insurance Business No. 24/2000/QH10;
b) Failing to send a written notification to the
Ministry of Finance of the actual status, causes and remedial measures taken as
prescribed by law and/or in clause 1 Article 67 of the Decree No.
73/2016/ND-CP;
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d) Remitting profits abroad without satisfying the
capital adequacy and solvency requirements as prescribed by law and/or in point
a clause 1 Article 107 of the Law on Insurance Business No. 08/2022/QH15.
3. Remedial measures:
a) Enforced strict compliance with regulations of
law in case of commission of the violation in clause 1, point a, point b or
point c clause 2 of this Article;
b) Enforced restoration of the initial state which
has been altered due to the violation in point d clause 2 of this Article.
Article 33. Penalties for violations against
regulations on risk management, internal control and internal audit
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon an insurance company, reinsurance company, or
foreign branch in Vietnam for committing one of the following violations
against regulations on risk management:
a) Failing to organize risk management as
prescribed by law;
b) Failing to formulate policies or internal
regulations on risk management as prescribed by law;
c) Failing to check risk tolerance in terms of
capital and solvency as prescribed by law;
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dd) Submitting risk management reports which do not
have adequate contents as prescribed by law.
2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon an insurance company, reinsurance company, or
foreign branch in Vietnam for committing one of the following violations
against regulations on internal control:
a) Performing internal control activities without
complying with internal control rules as prescribed by law;
b) Their compliance department fails to perform or
insufficiently performing its duties as prescribed by law.
3. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon an insurance company, reinsurance company, or
foreign branch in Vietnam for committing one of the following violations
against regulations on internal audit:
a) Failing to carry out annual assessment of
internal control activities as prescribed by law.
b) Failing to carry out annual internal audit as
prescribed by law.
4. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1, clause 2, or clause 3 of
this Article.
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1. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations in
case of compulsory implementation of remedial measures:
a) Failing to select and carry out or improperly
carrying out one or some remedial measures as prescribed by law and/or in
clause 1, clause 2 Article 111 of the Law on Insurance Business No.
08/2022/QH15;
b) Failing to send a written notification to the
Ministry of Finance of the actual status, causes and remedial measures taken as
prescribed by law and/or in clause 1 Article 111 of the Law on Insurance
Business No. 08/2022/QH15.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations
committed during the implementation of remedial measures:
a) Remitting profits abroad, distributing profits
and/or paying dividends, as prescribed in point a clause 3 Article 111 of the
Law on Insurance Business No. 08/2022/QH15;
b) Increasing acceptance of reinsurance, as
prescribed in point b clause 3 Article 111 of the Law on Insurance Business No.
08/2022/QH15.
3. Remedial measures:
a) Enforced strict compliance with regulations of
law in case of commission of the violation in clause 1 or clause 2 of this
Article;
b) Enforced restoration of the initial state which
has been altered due to the violation in point a clause 2 of this Article.
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1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Failing to formulate a plan for correction of
the capital adequacy ratio or failing to formulate such a plan within the prescribed
time limit as prescribed by law and/or in clause 2 Article 112 of the Law on
Insurance Business No. 08/2022/QH15;
b) Failing to organize implementation of the plan
for correction of the capital adequacy ratio or failing to organize
implementation of such plan within the prescribed time limit as prescribed by
law and/or in clause 2, clause 3 Article 112 of the Law on Insurance Business
No. 08/2022/QH15;
c) Failing to submit report on the actual status,
causes and the plan for correction of the capital adequacy ratio to the
Ministry of Finance or failing to submit such a report by the prescribed
deadline as prescribed by law and/or in clause 2 Article 112 of the Law on
Insurance Business No. 08/2022/QH15.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations
committed during the implementation of early intervention measures:
a) Remitting profits abroad, distributing profits
and/or paying dividends, as prescribed in point a clause 5 Article 112 of the
Law on Insurance Business No. 08/2022/QH15;
b) Increasing acceptance of reinsurance, as
prescribed in point a clause 5 Article 112 of the Law on Insurance Business No.
08/2022/QH15;
c) Purchasing treasury stocks, as prescribed in
point b clause 5 Article 112 of the Law on Insurance Business No. 08/2022/QH15;
d) Expanding lines, scope and duration of business,
as prescribed in point c clause 5 Article 112 of the Law on Insurance Business
No. 08/2022/QH15.
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a) Enforced strict compliance with regulations of
law in case of commission of the violation in clause 1 or clause 2 of this
Article;
b) Enforced restoration of the initial state which
has been altered due to the violation in point a clause 2 of this Article.
Article 36. Penalties for violations against
regulations on implementation of control measures
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Failing to hire a qualified independent audit organization
to review and assess the current financial status, determine the real value of
charter capital, allocated capital and solvency, or failing to do so within the
prescribed time limit as prescribed by law and/or in clause 3 Article 113 of
the Law on Insurance Business No. 08/2022/QH15;
b) Failing to formulate a plan for correction of
the capital adequacy ratio or failing to formulate such a plan within the
prescribed time limit as prescribed by law and/or in clause 4 Article 113 of
the Law on Insurance Business No. 08/2022/QH15;
c) Failing to organize implementation of the plan
for correction of the capital adequacy ratio or failing to organize
implementation of such plan within the prescribed time limit as prescribed by
law and/or in clause 4, clause 5 Article 113 of the Law on Insurance Business
No. 08/2022/QH15;
d) Failing to submit report on the actual status,
causes and the plan for correction of the capital adequacy ratio to the
Ministry of Finance or failing to submit such a report by the prescribed
deadline as prescribed by law and/or in clause 4 Article 113 of the Law on
Insurance Business No. 08/2022/QH15.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for one of the following violations committed
during the implementation of a control measure:
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b) Increasing acceptance of reinsurance, as prescribed
in point a clause 7 Article 113 of the Law on Insurance Business No.
08/2022/QH15;
c) Purchasing treasury stocks, as prescribed in
point a clause 7 Article 113 of the Law on Insurance Business No. 08/2022/QH15;
d) Expanding lines, scope and duration of business,
as prescribed in point a clause 7 Article 113 of the Law on Insurance Business
No. 08/2022/QH15;
dd) Contributing capital to establish an
enterprise; purchasing real property as business office or working location or
vault facility for direct provision of services, as prescribed in point b
clause 7 Article 113 of the Law on Insurance Business No. 08/2022/QH15;
e) Investing in high-risk assets or performing
business activities causing any reduction in the capital adequacy ratio, as
prescribed in point c clause 7 Article 113 of the Law on Insurance Business No.
08/2022/QH15.
3. Remedial measures:
a) Enforced strict compliance with regulations of
law in case of commission of the violation in clause 1 or clause 2 of this
Article;
b) Enforced restoration of the initial state which
has been altered due to the violation in point a clause 2 of this Article.
Article 37. Penalties for violations against
regulations on fulfillment of responsibilities in case of implementation of
remedial, early intervention or control measures
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Article 38. Penalties for violations against
regulations on separate management of owner’s equity and insurance premiums,
distribution of surpluses
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon an insurance company, reinsurance company, or
foreign branch in Vietnam for committing one of the following violations:
a) Failing to register the principles for separate
management of the owner's equity and insurance premiums with the Ministry of
Finance as prescribed by law and/or in clause 1 Article 101 of the Law on
Insurance Business No. 08/2022/QH15, clause 1 Article 51 of the Decree No.
46/2023/ND-CP;
b) Carrying out the separate management of the
owner's equity and insurance premiums against the principles registered with
and approved by the Ministry of Finance as prescribed by law and/or in clause 1
Article 101 of the Law on Insurance Business No. 08/2022/QH15;
c) Failing to register the method for distribution
of surpluses of dividend-paying life insurance policyholder fund with the
Ministry of Finance before application as prescribed by law and/or in clause 4
Article 101 of the Law on Insurance Business No. 08/2022/QH15;
d) Failing to properly apply the methods for
distribution of surpluses approved by the Ministry of Finance as prescribed by
law and/or in clause 2, clause 4 Article 101 of the Law on Insurance Business
No. 08/2022/QH15.
2. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
a) A life insurance company fails to separately
manage, individually record and monitor assets, capital sources, revenues,
expenses and incomes of dividend-paying life insurance policies according to
the method approved by the Ministry of Finance as prescribed by law and/or in
clause 2 Article 101 of the Law on Insurance Business No. 08/2022/QH15;
b) A life insurance company transfers assets and
offsetting deficits of the policyholder fund against regulations of law and/or
provisions of Article 101 of the Law on Insurance Business No. 08/2022/QH15.
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a) Failing to carry out the separate management of
the owner's equity and insurance premiums as prescribed by law and/or in clause
1 Article 101 of the Law on Insurance Business No. 08/2022/QH15;
b) Failing to carry out distribution of surpluses
as prescribed by law and/or in clause 2, clause 4 Article 101 of the Law on
Insurance Business No. 08/2022/QH15.
4. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1, clause 2, or clause 3 of
this Article;
Section 6. VIOLATIONS AGAINST REGULATIONS ON
REPORTING AND INFORMATION DISCLOSURE
Article 39. Penalties for violations against
regulations on reporting and information disclosure, updating of information on
agents
1. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to submit reports by the deadline
prescribed by law;
b) Failing to adequately submit all types of
reports as prescribed by law and/or in clause 1 Article 106 and clause 5
Article 138 of the Law on Insurance Business No. 08/2022/QH15, Article 34 of
the Decree No. 21/2023/ND-CP prescribing microinsurance products, clause 2
Article 75 of the Decree No. 67/2023/ND-CP prescribing compulsory civil
liability insurance of motor vehicle owners, compulsory fire and explosion
insurance, and compulsory insurance in construction investment sector;
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2. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Information/figures included in submitted reports
is inadequate or inaccurate as prescribed by law;
b) Disclosing information in an inaccurate or
inadequate manner as prescribed by law and/or in clause 1 Article 117, clause 8
Article 138 of the Law on Insurance Business No. 08/2022/QH15, Article 45 of
the Decree No. 21/2023/ND-CP;
c) Failing to disclose information in the form and
by the deadline prescribed by law and/or in clause 2 Article 117, clause 8
Article 138 of the Law on Insurance Business No. 08/2022/QH15, Article 44 of
the Decree No. 21/2023/ND-CP.
3. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Failing to submit required reports as prescribed
by law and/or in Article 106, Article 138 of the Law on Insurance Business No.
08/2022/QH15, Article 34 of the Decree No. 21/2023/ND-CP;
b) Submitting annual financial statements which do
not bear confirmatory opinions given by independent auditor as prescribed by
law and/or in clause 1, clause 2 Article 105 of the Law on Insurance Business
No. 08/2022/QH15;
c) Failing to carry out disclosure of information
as prescribed by law and/or in clause 1 Article 117, Article 138 of the Law on
Insurance Business No. 08/2022/QH15; Article 44, Article 45 of the Decree No.
21/2023/ND-CP;
d) Failing to notify the Ministry of Finance of
disclosed pieces of information as prescribed by law and/or in clause 3 Article
117, clause 8 Article 138 of the Law on Insurance Business No. 08/2022/QH15.
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Section 7. VIOLATIONS AGAINST REGULATIONS ON
ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, COUNTER TO FINANCING OF
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION IN LIFE INSURANCE BUSINESS
Article 40. Penalties for violations against
regulations on anti-money laundering, anti-terrorism financing, counter to
financing of proliferation of weapons of mass destruction in life insurance
business
1. The following fines shall be imposed upon a life
insurance company for committing violations against regulations on customer
identification, collection, updating and verification of customer's identity;
responsibility to formulate internal regulations and report, provide and retain
information/documents:
a) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for failing to identify customers or failing to
update and verify customer’s identity as prescribed by law and/or in Article 9,
Article 10, Article 11, Article 12, Article 13, Article 14 of the Law on
anti-money laundering, clause 1 Article 34 of the Law on anti-terrorism, point
a clause 2 Article 22 of the Decree No. 81/2019/ND-CP;
b) A fine ranging from VND 30.000.000 to VND
60.000.000 shall be imposed for failing to carry out special supervision of
certain unusual transactions as prescribed by law and/or in Article 20 of the
Law on anti-money laundering;
c) A fine ranging from VND 30.000.000 to VND
60.000.000 shall be imposed for failing to strictly comply with regulations on
retention, protection of confidentiality of information, documents, records and
reports on anti-money laundering and anti-terrorism financing as prescribed by law
and/or in Article 38, Article 40 of the Law on anti-money laundering, Article
34 of the Law on anti-terrorism;
d) A fine ranging from VND 40.000.000 to VND
80.000.000 shall be imposed for failing to promulgate and comply with internal
regulations on anti-money laundering, anti-terrorism financing, and counter to
proliferation of weapons of mass destruction and proliferation financing as
prescribed by law and/or in Article 24 of the Law on anti-money laundering,
Article 34 of Law on anti-terrorism, and Article 22 of the Decree No.
81/2019/ND-CP;
dd) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for failing to carry out assessment of risks of
money laundering, terrorism financing or financing of proliferation of weapons
of mass destruction; failing to update annual risk assessment results, failing
to submit risk assessment results and updates or failing to submit them by the
prescribed deadline, failing to disseminate risk assessment results and updates
in the entire system of each reporting entity according to regulations of law
on anti-money laundering, anti-terrorism and counter to financing of
proliferation of weapons of mass destruction;
e) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for failing to formulate regulations on
classification of customers, failing to carry out classification of customers
by risk level, or failing to develop the procedures for managing risks of money
laundering, terrorism financing, and financing of proliferation of weapons of
mass destruction according to regulations of law on anti-money laundering,
anti-terrorism and counter to financing of proliferation of weapons of mass
destruction;
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h) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing any violation against regulations
on responsibilities relating to foreign politically exposed persons (PEPs) as
prescribed by law and/or in Article 17 of the Law on anti-money laundering.
2. The following fines shall be imposed upon a life
insurance company for committing violations against regulations on provision of
anti-money laundering information, prohibited acts in anti-money laundering,
reporting on large-value transactions, suspicious transactions and electronic
funds transfer:
a) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for failing to strictly comply with regulations on
reporting on large-value transactions, suspicious transactions and electronic
funds transfer as prescribed by law and/or in Article 25, Article 26, Article
34 of the Law on anti-money laundering;
b) A fine ranging from VND 30.000.000 to VND
60.000.000 shall be imposed for obstructing the provision of information
serving the performance of anti-money laundering tasks as prescribed by law
and/or in Article 8 of the Law on anti-money laundering;
c) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for failing to report and provide information,
documents, records and reports to serve the performance of anti-money
laundering, anti-terrorism financing, and counter to proliferation of weapons
of mass destruction at the request of competent authorities as prescribed by
law and/or in Article 39 of the Law on anti-money laundering, Article 33 of Law
on anti-terrorism, and Article 22 of the Decree No. 81/2019/ND-CP;
d) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for the act of organizing, participating in or
facilitating, assisting in the conduct of money laundering which is not serious
to the extent that a criminal prosecution is brought as prescribed by law
and/or in Article 8 of the Law on anti-money laundering;
dd) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for failing to take transaction postponement
measures, or failing to submit reports to competent authorities as prescribed
by law and/or in Article 44 of the Law on anti-money laundering; failing to
freeze accounts, seal or confiscate assets as prescribed by law and/or in
Article 45 of the Law on anti-money laundering.
3. The following fines shall be imposed upon a life
insurance company for committing violations against regulations on
anti-terrorism financing:
a) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for failing to submit reports to anti-terrorism
forces upon detection of any terrorism financing signs or acts as prescribed by
law and/or in Article 33 of the Law on anti-terrorism;
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4. The following fine shall be imposed upon a life
insurance company for committing any violation against regulations on counter to
proliferation of weapons of mass destruction:
A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for failing to notify competent authorities upon
its detection of any act of proliferating weapons of mass destruction and
financing such proliferation or any other act of violating regulations of law
on weapons of mass destruction as prescribed by law and/or in Article 25 of the
Decree No. 81/2019/ND-CP.
5. Remedial measure:
Enforced strict compliance with regulations of law
in case of commission of the violation in clause 1, clause 2, clause 3 or
clause 4 of this Article.
6. If a life insurance company commits any
violation against regulations on anti-money laundering, anti-terrorism
financing or counter to financing of proliferation of weapons of mass
destruction in the insurance sector which is not yet prescribed in this Decree,
it shall incur penalties for such a violation in accordance with the
Government’s Decree on penalties for administrative violations in money and
banking sector.
Section 8. POWER TO IMPOSE PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INSURANCE BUSINESS
Article 41. Power to impose penalties for
administrative violations against regulations on insurance business
1. Persons assigned to perform specialized
inspection tasks of the Insurance Supervisory Authority affiliated to the
Ministry of Finance shall have the power to:
a) Issue warning;
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c) Impose the remedial measures specified in clause
5 Article 3 hereof.
2. Heads of specialized inspection teams
established by the Insurance Supervisory Authority affiliated to the Ministry
of Finance shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000;
c) Suspend operations for a fixed period;
d) Impose the remedial measures specified in clause
5 Article 3 hereof.
3. Director of the Insurance Supervisory Authority
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
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d) Impose the remedial measures specified in clause
5 Article 3 hereof.
4. Directors of Provincial-level Police Departments
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000;
c) Impose the remedial measures mentioned in clause
5 Article 3 hereof.
5. Directors of the Economic Security Department,
Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Police Department for Administrative Management of
Social Order, Investigation Police Department for Social Order Crimes, and Fire
and Rescue Police Department shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
c) Impose the remedial measures mentioned in clause
5 Article 3 hereof.
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a) Issue warning;
b) Impose a fine up to VND 500.000;
c) Impose the remedial measures mentioned in clause
5 Article 3 hereof.
7. Directors of Branches of SBV Banking Supervision
Agency shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 70.000.000;
c) Impose the remedial measures mentioned in clause
5 Article 3 hereof.
8. The Head of the SBV Banking Supervision Agency
shall have the power to impose the following penalties for the violations
prescribed in clause 2 Article 40 hereof:
a) Issue warning;
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c) Impose the remedial measures mentioned in clause
5 Article 3 hereof.
Article 42. Rules for determination and division
of power to impose penalties for administrative violations against regulations
on insurance business
1. Heads of specialized inspection teams shall have
the power to impose penalties for administrative violations determined as part
of the scope and contents of inspections within the inspection time limits as prescribed
in law on inspection. When the inspection time limit expires according to
regulations of law on inspection but no penalty imposition decision is made due
to objective reasons, the violation must be transferred to the person competent
to impose penalties.
2. In case an administrative violation in the
insurance business sector falls under the jurisdiction of multiple title
holders, the title holder who handles the case first shall be responsible for
handling with such administrative violation.
3. If penalties, fines, additional penalties and
remedial measures that need to be imposed for a violation go beyond the
authority prescribed herein, the person that has the power to impose penalties
for the violation and is currently handling the violation shall immediately
transfer the case to the competent authority or person for imposing penalties.
4. The penalties for administrative violations
imposed by the title holders prescribed in Article 41 herein are incurred by
individuals. In case of fines, a title holder who has the power to impose
penalties may impose a fine which is twice as much as that imposed upon an
individual upon an organization for committing the same violation.
5. Division of power to impose penalties for
administrative violations to title holders prescribed in Article 41 hereof:
a) The title holders specified in clause 1, clause
2, clause 3 Article 41 hereof shall have the power to impose penalties for the
administrative violations prescribed herein, except those violations prescribed
in clause 2, clause 3, clause 4 Article 40 hereof;
b) The title holders of people’s public security
forces specified in clause 4, clause 5 Article 41 hereof shall have the power
to impose penalties for the administrative violations prescribed in Article 15,
point d clause 2 Article 16, point b clause 1 Article 39, Article 40 hereof;
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Article 43. Power to make records of
administrative violations against regulations on insurance business
1. When detecting any violations against
regulations on insurance business, the title holders specified in Article 41
hereof are entitled to make records of administrative violations as prescribed.
2. People’s police officers, competent persons who
are performing their duties as assigned in legislative documents or
administrative documents promulgated by competent authorities or officers are
entitled to make records of administrative violations in accordance with
regulations of law.
Article 44. Implementation of penalties and
remedial measures
1. Implementation of decisions on imposition of
penalties for administrative violations shall be subject to provisions of
Section 2 Chapter III Part 2 of the Law on penalties for administrative
violations and the Government’s Decree No. 118/2021/ND-CP dated December 23,
2021 elaborating and providing guidelines for implementation of the Law on
penalties for administrative violations.
2. Any records, documents, instruments or papers
recording the enforcement or execution of penalties and/or remedial measures
must be included in the dossiers on imposition of penalties for administrative
violations as prescribed in Article 57 of the Law on penalties for
administrative violations.
Chapter III
IMPLEMENTATION
Article 45. Effect
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2. Provisions on penalties for administrative
violations against regulations on insurance business in Article 1 through
Article 33 of the Government’s Decree No. 98/2013/ND-CP dated August 28, 2013
prescribing penalties for administrative violations against regulations on
insurance and lottery business, as amended in the Government’s Decree No.
48/2018/ND-CP dated March 21, 2018, Government’s Decree No. 80/2019/ND-CP dated
November 01, 2019 and Government’s Decree No. 102/2021/ND-CP dated November 16,
2021 are abrogated.
3. Point a clause 1 Article 28, clause 1,
point a, point b, point c clause 2 Article 32 hereof take effect until December
31, 2027 inclusively.
4. Point d clause 1 Article 28, point dd clause 3
Article 31, Article 34, Article 35, Article 36, Article 37 hereof come
into force from January 01, 2028.
5. If any legislative documents referred to in this
Decree are amended or superseded, the new ones shall apply.
Article 46. Transition
1. If, after the effective date of this Decree, a
violating entity files a complaint against the administrative penalty
imposition decision which has been issued before the effective date of this
Decree, such a complaint shall be settled in accordance with the Decree
prescribing penalties for administrative violations against regulations on
insurance business in effect at the time of commission of the violation.
2. The administrative violations which have been
committed and terminated before the effective date of this Decree but have been
detected afterwards or are put under consideration shall be handled in
accordance with the Decrees prescribing penalties for administrative violations
against regulations on insurance business in effect at the time of commission
of the violation, except the cases where this Decree does not provide for legal
liability or impose less serious legal liability, regulations herein shall
apply.
Article 47. Implementation organization
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People’s Committees of provinces or
central-affiliated cities, and regulated entities of this Decree are
responsible for the implementation of this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc