THE
MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
101/2012/TT-BTC
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Hanoi, June 20, 2012
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CIRCULAR
STIPULATING SOME ISSUES ON FINANCE FOR INSURANCE ENTERPRISES,
REINSURANCE ENTERPRISES IMPLEMENTING PILOT OF AGRICULTURAL INSURANCE UNDER THE
DECISION NO. 315/QD-TTG ON THE PILOT PROVISION OF AGRICULTURAL INSURANCE DURING
2011- 2013
Pursuant to the
2000 Law on Insurance Business;Law amending and supplementing a number of
articles of Law on Insurance Business and documents guiding implementation;
Pursuant to the
Government’s Decree No. 118/2008/ND-CP, of November 27, 2008 defining the
functions, tasks, powers and organizational structure of the Ministry of
Finance;
Pursuant to the
Decision No. 315/QD-TTg, of March 01, 2011 of the Prime Minister on
implementing the pilot provision of agricultural insurance during 2011- 2013;
At the proposal of
the Director of the Insurance management and supervision Department;
The Minister of
Finance promulgates the Circular stipulating some issues on finance for
insurance enterprises, reinsurance enterprises selected to implement pilot of
agricultural insurance under the Decision No. 315/QD-TTg on the pilot provision
of agricultural insurance during 2011- 2013 (the Decision No. 315/QD-TTg),
Chapter 1.
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Article 1. Scope
of regulation
The Circular
stipulates some issues on finance for insurance enterprises, reinsurance
enterprises implementing pilot of agricultural insurance under the Decision No.
315/QD-TTg relating to the following contens:
1. Making out of an
invoice for agricultural insurance premium of insurance enterprises;
2. Expenses of insurance enterprise, reinsurance enterprise participating in the
pilot of agricultural insurance;
3. Accounting
turnover, expenses from pilot operation of agricultural insurance of insurance
enterprise participating in coinsurance;
4. Annually handling
losses for the pilot of agricultural insurance of insurance enterprise,
reinsurance enterprise;
Article 2.
Subjects of application
The insurance
enterprises, reinsurance enterprises selected to implement the agricultural
insurance pilot under Decision of the Ministry of Finance and other
organizations, individuals related to implementation of the agricultural
insurance pilot under the Decision No. 315/QD-TTg have responsibility for
obeying provisions in this Circular and other relevant law.
Chapter 2.
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Article 3. The
invoice for agricultural insurance premium of insurance enterprise
1. Insurance
enterprises implement printing, issuance and use of agricultural insurance
premium invoices as prescribed by law.
2. The invoice for
agricultural insurance premium included the following contents:
Total of insurance
premium under insurance contract, including:
- The insurance
premium being supported by the State budget;
- The insurance
premium being paid by the insurance buyer.
The total insurance
premium which the insurance buyer must pay being written in number and in word
on the invoice means insurance premium which insurance buyer must pay.
Article 4.
Expenditures of insurance enterprises
For sale expenses,
management expenses, insurance commission expenses, support expenses, agricultural
insurance pilot, insurance enterprises are permitted to use not exceeding 30%
of turnover of agricultural insurance premium ; Including:
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In which, the
insurance enterprises may pay supports, remunerations for the following
objects:
- The support
expenses for activities of the steering board at levels
where implement the agricultural insurance pilot. Meetings, propagation,
trainings for farmer households.
- Remuneration
expenses for officers directly participating in deployment of agricultural
insurance pilot: Amounts of remuneration expenses are paid
based on contributed merit and result of collecting insurance premium.
- Amounts of support
expenses, remuneration expenses are specified for activities and officers took
part in as follows: The insurance enterprises consult the head of steering
board for agricultural insurance in provinces, cities under the Decision No.
315/QD-TTg in order to decide in conformity with actual localities.
2. Sale expenses, management expenses for implementation of the agricultural
insurance pilot of insurance enterprises: The insurance enterprises may pay,
make accounting in management expense of deployment of the agricultural insurance
pilot and may make settlement ensuring not exceeding 15% of turnover of
agricultural insurance premium.
Article 5. Sale
expenses, management expenses for implementation of the agricultural insurance
pilot of reinsurance enterprises:
The reinsurance
enterprises may pay for management, sale and make accounting in expenses not
exceeding 3.5% of turnover of pilot agricultural reinsurance premium.
Article 6.
Principle of coinsurance
1. When concluding
insurance contracts with the insurance buyer, insurance enterprises
participating in coinsurance may have their name in the insurance contract in
common or authorize for an insurance enterprise to have name in the insurance
contract (the leading insurance enterprise).
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Article 7.
Accounting turnover, expenses of insurance enterprise participating in
coinsurance
1. Accounting
turnover
a) If insurance enterprises participating in coinsurance have their name in insurance contract in common When collect insurance
premium, each insurance enterprise participating in coinsurance shall issue
invoice of insurance premium collection for insurance buyer in correspondence
to its liability.
b) If insurance
enterprises participating in coinsurance authorize for a heading insurance
enterprise to implement authorized collection of insurance premium:
- When collect
insurance premium amounts, the leading insurance enterprise shall make invoice
of insurance premium collection to hand over for insurance buyer, enterprise
participating in coinsurance is not filled in the invoice.
- Based on percentage
of liability in coinsurance agreement, the leading insurance enterprise does
accounting in its turnover for insurance premium correspondence to its rate of
liability. The rest of insurance premium in correspondence to percentage of
liability of other enterprises participating in coinsurance shall be done
accounting such as amounts of authorized collection.
- Periodically as
prescribed in coinsurance agreement, the leading insurance enterprise shall
make a list of insurance premium turnover and send it to coinsurance
enterprises.
- After receiving the
list of insurance premium turnover and insurance premium amounts from the
leading insurance enterprise, the coinsurance enterprise makes an invoice to the leading insurance enterprise, the invoice are written
clearly that receiving insurance premium amounts being collected under
authorization by the leading insurance enterprise (name, address, tax
identification number of enterprise) in according to the list of insurance
premium turnover (number, date of the list). This invoice is stated as grounds for the coinsurance enterprise to make accounting
for its turnover.
2. Accounting
expenses
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b) The expense
apportion is implemented as follows:
- For commission
expenses, support expenses, remuneration expenses, management expenses, sale
expenses, the leading insurance enterprise may apportion to insurance
enterprise participating in coinsurance in maximum of 35% turnover of original
insurance premium of enterprise participating in coinsurance, of which
commission expenses, support expenses, remuneration expenses in maximum are
20%; and management expenses, sale expenses in maximum are 15% of turnover of
original insurance premium.
- The direct expenses
for insurance business (expenses for indemnity, assessment, loss prevention and
reduction, risk evaluation before accepting insurance …) being
apportioned in percentage of liability in coinsurance agreement and actual
expense arising.
- The leading
insurance enterprise shall arrange reinsurance for entire of liability of
insurance contract. The reinsurance premium and amounts of turnovers, expense
for transfer of reinsurance are apportioned to enterprise participating in
coinsurance in according to percentage of liability in coinsurance agreement.
c) Periodically as
prescribed in coinsurance agreement, the leading insurance enterprise shall
make a list enclosed the payment sheet and send them to insurance enterprise
participating in coinsurance. After receiving confirmation of insurance
enterprise participating in coinsurance, the leading insurance enterprise shall
make an invoice to hand over it for insurance enterprise
participating in coinsurance. This invoice is stated grounds for accouting of
expenses of enterprise participating in coinsurance and accounting for reducing
expenses of the leading insurance enterprise.
Article 8.
Annually handling losses for the pilot of agricultural insurance
1. The insurance
enterprises, reinsurance enterprises shall do accounting separately for the
annual losses from their agricultural insurance pilot.
2. In financial year,
insurance enterprise or reinsurance enterprise suffering loss from operation of agricultural insurance pilot shall do accounting
for this loss in its general result of business operation.
If suffering loss due to losses from operation of agricultural insurance pilot,
may carry forward losses to the subsequent year as prescribed by law.
Chapter 3.
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Article 9. Effect
1. Other issues
relating to financial regime, accounting regime of insurance enterprises,
reinsurance enterprises deploying the agricultural insurance pilot are
implemented in according to the current laws.
2. This Circular
effects on August 06, 2012 and applies to agricultural insurance contracts
deployed under the Decision No. 315/QD-TTg and the Circular No. 121/2011/TT-BTC
, of August 17, 2011 of the the Ministry of Finance guiding a number of
articles of the Decision No. 315/QD-TTg.
3. The insurance
enterprises, reinsurance enterprises selected to implement the agricultural
insurance pilot have responsibility for management of collection and
expenditure in strictness, saving, effectiveness. During the course of
implementation, if have any difficulties, should be reported timely to the
Ministry of Finance for consideration, settlement.
FOR THE MINISTER OF FINANCE
DEPUTY MINISTER
Tran Xuan Ha