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MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 69/2022/TT-BTC
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Hanoi, November
16, 2022
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CIRCULAR
DETAILED
REGULATIONS ON CERTIFICATE IN INSURANCE, CERTIFICATE OF INSURANCE AGENT,
CERTIFICATE OF INSURANCE BROKER, AND CERTIFICATE IN INSURANCE AUXILIARY
SERVICES
Pursuant to the Law on Insurance Business dated
June 16, 2022;
Pursuant to the Government's Decree No.
87/2017/ND-CP dated July 26, 2017, defining the functions, tasks, powers and
organizational structure of the Ministry of Finance;
Upon the request of the Director of the
Department of Insurance Management and Supervision;
The Minister of Finance herein promulgates the
Circular setting down detailed regulations on the Certificate in Insurance, the
Certificate of Insurance Agent, the Certificate of Insurance Broker, and the
Certificate in Insurance Auxiliary Services.
Chapter I
GENERAL PROVISIONS
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1. This Circular specifies
clause 6 of Article 81, clause 3 of Article 130, clause 2 of Article 138,
clause 2 of Article 139, clause 4 of Article 143 and clause 2 of Article 157 in
the Law on Insurance Business dated June 16, 2022.
Article
2. Subjects of Application
This Circular applies to:
1. Department of Insurance
Management and Supervision (Ministry of Finance);
2. Life insurance companies,
non-life insurance companies, health insurance companies (hereinafter referred to
as insurance company(ies)), branches of foreign non-life insurance companies,
or mutuals providing microinsurance;
3. Domestic insurance
training institutions specified in Article 7 herein (briefly defined as
training institution(s));
4. Candidates for insurance,
insurance agent, insurance broker or insurance auxiliary service certification
exams (briefly defined as candidate(s));
5. Individuals holding the
Certificate in Insurance or the Certificate of Insurance Agent awarded before
January 1, 2023;
6. Individuals holding the
Certificate in Insurance, the Certificate of Insurance Broker, the Certificate
in Insurance Auxiliary Services awarded by foreign insurance training
institutions as referred to in Article 8 herein;
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Article
3. Conduct of Exams to be Taken to Get the Certificate in Insurance, the
Certificate of Insurance Agent, the Certificate of Insurance Broker and the
Certificate in Insurance Auxiliary Services (briefly referred to as
Certification Exam(s)); Conferral, Withdrawal or Revocation and Conversion of
the Certificate of Insurance Agent
1. Procedures for
applications for certification exams, approval or review of exam results;
procedures for conferral, revocation or withdrawal, replacement and conversion
of the Certificate of Insurance Agent shall be carried out via the
Certification Exam Management System under the Department of Insurance
Management and Supervision (hereinafter referred to as CEMS).
2. Certification exams shall
be held in the computer-based or paper-based multiple-choice format. When a
computer-based exam is held, all computers used in the exam must be connected
to CEMS.
3. Department of Insurance
Management and Supervision shall develop the question bank and design exam
questions with the aim of ensuring that these questions are aligned with
training contents or programs specific to certification types defined herein.
Chapter
II
CERTIFICATE IN
INSURANCE, CERTIFICATE OF INSURANCE AGENT, CERTIFICATE IN INSURANCE AUXILIARY
SERVICES
Section 1.
TYPES OF CERTIFICATE IN INSURANCE, CERTIFICATE OF INSURANCE BROKER, CERTIFICATE
IN INSURANCE AUXILIARY SERVICES; INSURANCE TRAINING CONTENT, DOMESTIC AND
FOREIGN INSURANCE TRAINING INSTITUTIONS
Article
4. Certificate in Insurance
The Certificate in Insurance
defined in point b of clause 3, point b of clause 4 of Article 81 in the Law on
Insurance Business dated June 16, 2022 may be one of the following
certificates:
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a) Certificate in Life
Insurance;
b) Certificate in Non-life
Insurance;
c) Certificate in Health
Insurance.
2. A foreign insurance
training institution may confer:
a) Professional/Practising
Certificate in Life Insurance;
b) Professional/Practising
Certificate in Non-life Insurance;
c) Professional/Practising
Certificate in Health Insurance.
3. Continued use of
certificates in insurance awarded by domestic or foreign insurance training
institutions prior to January 1, 2023 shall be allowed as follows:
a) The Certificate in Basic
Life Insurance; the Professional/Practising Certificate in Life Insurance shall
have the same value as the Certificate in Insurance defined in point a of
clause 1 of this Article;
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c) The Certificate in Basic
Health Insurance; the Professional/Practising Certificate in Life Insurance shall
have the same value as the Certificate in Insurance defined in point c of
clause 1 of this Article;
Article
5. Certificate of Insurance Broker
The Certificate of Insurance
Broker defined in clause 2 of Article 138 in the Law on Insurance Business dated
June 16, 2022 may be one of the following certificates:
1. Certificate of Insurance
Broker conferred by domestic insurance training institutions;
2. Certificate of Insurance
Broker conferred by foreign insurance training institutions.
Article
6. Certificate in Insurance Auxiliary Services
The Certificate in Insurance
Auxiliary Services defined in point b of clause 1, point b of clause 2 of
Article 143 in the Law on Insurance Business dated June 16, 2022 may be one of
the following certificates:
1. A domestic insurance
training institution may confer the following types of Certificate in Insurance
Consulting:
a) Certificate in Life
Insurance Consulting;
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c) Certificate in Health
Insurance Consulting.
2. A domestic insurance
training institution may confer the following types of Certificate in Insurance
Underwriting:
a) Certificate in Life
Insurance Underwriting;
b) Certificate in Non-life
Insurance Underwriting;
c) Certificate in Health
Insurance Underwriting.
3. A domestic insurance
training institution may confer the following types of Certificate in Loss
Adjusting:
a) Certificate in Adjusting
or Assessment of Ship Loss or Damage or Ship Owner’s Civil Liability, Marine
and Inland Transit Cargo Insurance (hereinafter referred to as Certificate in
Loss Adjusting in Marine Insurance);
b) Certificate in Loss
Adjusting in Aviation Insurance;
c) Certificate in Loss
Adjusting in Non-life Insurance (except Marine Insurance, Aviation Insurance).
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a) Certificate in Life
Insurance Claims Assistance;
b) Certificate in Non-life
Insurance Claims Assistance;
c) Certificate in Health
Insurance Claims Assistance.
5. Certificates of this sort
awarded by foreign insurance training institutions shall be prescribed as
follows:
a) The Certificate in
Insurance specified in point a of clause 2 of Article 4 herein shall have the
same validity as those Certificates specified in point a of clause 1, point a
of clause 2 and point a of clause 4 of this Article;
b) The Certificate in
Insurance specified in point b of clause 2 of Article 4 herein shall have the
same validity as those Certificates specified in point b of clause 1, point b
of clause 2 and point b of clause 4 of this Article;
c) The Certificate in
Insurance specified in point c of clause 2 of Article 4 herein shall have the
same validity as those Certificates specified in point c of clause 1, point c
of clause 2 and point c of clause 4 of this Article;
d) The Certificate in Loss
Adjusting in Non-life Insurance awarded by foreign insurance training
institutions shall have the same validity as those Certificates defined in
clause 3 of this Article;
Article 7.
Domestic Insurance Training Institutions
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1. Training institutions established
by state agencies, such as Institutes, academies or higher education
institutions;
2. Training institutions
directly or indirectly under entities instituted by state agencies;
3. Other training
institutions having legal personality that are set up and operated legally in
Vietnam.
Article
8. Foreign Insurance Training Institutions
Foreign insurance training
institution(s) referred to herein may be the entity(ies) having competence in
providing insurance training courses, including:
1. Training institutions put
under the direct or indirect control of an insurance management and supervision
agency; or training institutions authorized to provide insurance training
courses and award certificates in insurance by an insurance management and
supervision agency;
2. ASEAN Insurance Training
and Research Institute (AITRI); Societies of Actuaries that are official
members of the International Society of Actuaries;
3. Training organizations of
countries entering into agreements on mutual recognition of certificates in
insurance with Vietnam;
4. Training institutions
under foreign insurance groups and foreign reinsurance groups;
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Article
9. Content of Courses on Certificate in Insurance
A course on the Certificate
in Insurance provided by a domestic insurance training institution should
contain the following:
1. For the courses on the
Certificate in Life Insurance:
a) General knowledge about
insurance and reinsurance;
b) Basic knowledge about
lines or sublines of life and health insurance;
c) Vietnam’s domestic law on
life and health insurance business.
2. For the courses on the
Certificate in Non-life Insurance:
a) General knowledge about
insurance and reinsurance;
b) Basic knowledge about
lines or sublines of non-life and health insurance;
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3. For the courses on
Certificate in Life Insurance:
a) General knowledge about
insurance and reinsurance;
b) Basic knowledge about
lines or sublines of health insurance;
c) Vietnam’s domestic law on
health insurance business.
Article
10. Content of Courses on Certificate of Insurance Broker
A course on the Certificate
of Insurance Broker provided by a domestic insurance training institution
should contain the following:
1. General knowledge about
insurance and lines of insurance:
a) Concepts of insurance and
reinsurance;
b) Basic knowledge about
lines or sublines of life, non-life and health insurance.
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3. Rules, responsibilities
and code of ethics for practising as an insurance broker.
4. Professional skills and
practising as an insurance broker.
Article
11. Content of Courses on Certificate in Insurance Auxiliary Services
1. A course on the
Certificate in Insurance Auxiliary Services provided by a domestic insurance
training institution should contain the following:
a) Vietnam’s domestic law on
insurance and insurance auxiliary service business;
b) Fundamentals of insurance;
c) Knowledge about lines of
insurance;
d) Procedures for conduct of
insurance auxiliary services.
2. Those courses defined in
clause 1 of this Article in lines and sublines of insurance shall be designed
for training in certificates in insurance auxiliary services specified in Article
6 herein.
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Article
12. Conducting Exams in Certificate in Insurance, Certificate of Insurance
Broker, Certificate in Insurance Auxiliary Services
All exams in the Certificate
in Insurance, Certificate of Insurance Broker, and Certificate in Insurance
Auxiliary Services shall be conducted subject to the following regulations:
1. Department of Insurance
Management and Supervision shall act as the organizer.
2. These exams shall take
place at designated exam centres informed by the Department of Insurance
Management and Supervision.
3. By December 31 each year
at the latest, the Department of Insurance Management and Supervision shall
announce the time and venue when and where the certification exam will take
place on the CEMS.
Article
13. Application Requirements, Processes and Procedures for Certification Exams
1. All application forms for
certification exams shall be submitted online via the CEMS at least 10 days
before the start of an exam. For candidates submitting application forms for
the exam through a training institution, upon receipt of these forms, the
receiving training institution shall register a list of candidates whose
information are defined in clause 2 of this Article on the CEMS, and pay exam
fees.
2. Information to be
completed to apply for participation in a certification exam:
a) Candidate’s personal
information (including full name, birth date, Citizen ID card/ID card/Passport
number);
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c) Type of the certificate in
question (required in case of the Certificate in Insurance or the Certificate
in Insurance Auxiliary Services);
d) Exam date and venue;
dd) Other relevant
information.
3. 03 days before the exam
takes place, Department of Insurance Management and Supervision shall publish
the list of candidates on the CEMS (if these candidates have submitted all
required documents and paid exam fees in full).
Article
14. Exam Papers (or Question Sheets), Exam Duration and Conditions for Passing
Exams on Certificate in Insurance, Certificate of Insurance Broker or
Certificate in Insurance Auxiliary Services
1. Each question paper
designed for the exam in the Certificate in Insurance or the Certificate of Insurance
Broker shall consist of 60 quizzes to be answered within 90 minutes while, for
the exam in the Certificate in Insurance Auxiliary Services, 80 quizzes to be
answered within 120 minutes.
2. Any candidate correctly
answering at least 70% of total number of exam questions shall be deemed as
passing the exam in which he/she participates.
Article
15. Approval and Notification of Certification Exam Results
The Department of Insurance
Management and Supervision shall issue the Decision on approval of certification
exam results; inform exam results in order for the training institutions where
candidates apply for participation in exams to notify such results to these
candidates (via CEMS) within 05 working days from the exam day (for paper-based
exams), or 03 working days from the exam day (for computer-based exams).
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1. Based on the Decision on
approval of exam results from the Department of Insurance Management and
Supervision, domestic insurance training institutions shall confer the
Certificate in Insurance, Certificate of Insurance Broker or Certificate in
Insurance Auxiliary Services on the candidates passing the exams who have
registered their participation in these exams with these training institutions.
2. Certificate conferral
shall be completed within 10 days of receipt of the Decision on approval of
exam results. Awarded certificates shall be in the forms prescribed in the
Appendices hereto, including Appendix 1 (Form of Certificate in Insurance),
Appendix 2 (Form of Certificate of Insurance Broker), Appendix 3 (Form of
Certificate in Insurance Auxiliary Services).
3. Within 05 working days
following the award of these certification types, training institutions shall
update the list of certificates that they have awarded on CEMS by using the
Form defined in Appendix 4 hereto, including the following information:
a) Certificate holder’s
personal information (including full name, birth date, Citizen ID card/ID
card/Passport number);
b) Name/type of certificate;
c) Date of conferral;
d) Certificate reference
number.
Article
17. Review of Exam Results and Handling of Review Results
1. Only results of
paper-based exams may be reviewed. Candidates may submit review appeals to
training institutions for the attention of the Department of Insurance
Management and Supervision (via CEMS) within 20 days after the Department
approves exam results. The appeal form shall be as stipulated in Appendix 5 to
this Circular.
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3. Based on review results,
the Department of Insurance Management and Supervision shall consider issuing
the Decision to change exam results (if relevant), notify this to the training
institution in order for it to confer the certificate as prescribed by Article
16 herein.
Article
18. Withdrawal or Revocation and Replacement or Reissuance of the Certificate
in Insurance, Certificate of Insurance Broker, Certificate in Insurance
Auxiliary Services
Domestic insurance training
institutions can withdraw (or revoke), replace (or reissue) the Certificate in
Insurance, Certificate of Insurance Broker, and Certificate in Insurance
Auxiliary Services subject to the following regulations:
1. The certificate shall be
withdrawn or revoked if:
a) Persons neither participating
in nor passing the certification exam are awarded the aforesaid certificate;
b) Candidates falsified, fake
or fraudulent personal identity papers (including Citizen ID/ID card/Passport)
to be eligible to take the certification exam;
c) Candidates are
impersonated to pass the exam;
d) Such withdrawal or
revocation is requested by competent state authorities in accordance with law.
2. The certificate may be
replaced or reissued when one of the holder’s personal information mentioned
hereunder is wrong or contains any errors:
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b) Date (day, month, year) of
birth;
c) Citizen ID card/ID
card/Passport number.
3. Within 05 working days
after the training institution has established that the awarded certificate
falls into the situations prescribed in clause 1 or 2 of this Article, the
training institution shall carry out the process of revoking and reissuing the
awarded certificate.
4. Within 03 working days
after revocation or reissuance as mentioned above, the training institution
shall inform the Department of Insurance Management and Supervision of the list
of certificates subject to revocation and reissuance requirements as defined in
clause 1 and 2 of this Article; publish the list of certificates subject to the
withdrawal or revocation requirement on its website. Within 03 working days of
receipt of the forgoing notice from the training institution, the Department of
Insurance Management and Supervision shall make information about the revoked
certificates available to the public on CEMS.
5. Persons whose certificates
are revoked as stipulated in clause 1 of this Article shall be disqualified
from participating in exams on Certificate in Insurance, Certificate of
Insurance Broker or Certificate in Insurance Auxiliary Services in the next 12
months after withdrawal or revocation.
6. Training institutions
violating regulations on the award of certificates as prescribed in point a of
clause 1 of this Article shall be prohibited from registering plans to conduct
exams and award the Certificate in Insurance, Certificate of Insurance Broker
or Certificate in Insurance Auxiliary Services in the next 03 years following
the day on which their violation (specifically, first violation) is discovered.
If such violation recurs, prohibition from registering plans to conduct exams
and award the Certificate in Insurance, Certificate of Insurance Broker or
Certificate in Insurance Auxiliary Services shall continue.
Chapter
III
CERTIFICATE OF
INSURANCE AGENT
Section
1. Content of Courses on Certificate of Insurance Agent
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1. This type of certificate
is classified into the followings:
a) Certificate of Basic Life
Insurance Agent;
b) Certificate of Unit-linked
Life Insurance Agent;
c) Certificate of Basic
Non-Life Insurance Agent;
d) Certificate of Marine
Insurance Agent;
dd) Certificate of Aviation
Insurance Agent;
e) Certificate of Health
Insurance Agent.
2. The Certificate of
Insurance Agent issued before January 1, 2023 shall remain in use by December
31, 2025 at the latest. When the transition or conversion to the Certificate of
Insurance Agent defined herein is pending, the Certificate of Insurance Agent
issued before January 1, 2023 may be converted as follows:
a) The Certificate of
Insurance Agent awarded by life insurance training institutions shall have the
same validity as the Certificate defined in point a of clause 1 of this
Article;
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a) The Certificate of
Insurance Agent awarded by non-life insurance training institutions shall have
the same validity as the Certificate defined in point c, d and dd of clause 1
of this Article.
3. Those Certificates of
Insurance Agent defined in clause 1 of this Article may be used as follows:
a) The Certificate of Basic
Life Insurance Agent may be used for representing as an agent for life
insurance products (except unit-linked insurance product) and health insurance
products;
b) The Certificate of
Unit-linked Insurance Agent may be used for representing as an agent for
unit-linked insurance products;
c) The Certificate of Basic
Non-Life Insurance Agent may be used for representing as an agent for non-life
insurance products (except marine insurance products, aviation insurance
products), products classified into health insurance lines, each of which has
the maximum insurance term of 01 year; and casualty insurance products, each of
which has the maximum insurance term of 01 year;
d) The Certificate of Marine
Insurance Agent may be used for representing as an agent for marine insurance
products;
d) The Certificate of
Aviation Insurance Agent may be used for representing as an agent for aviation
insurance products;
e) The Certificate of Life
Insurance Agent may be used for representing as an agent for health insurance
products and casualty insurance products, each of which has the maximum
insurance term of 01 year.
Article
20. Content of Courses on Certificate of Insurance Agent
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1. General knowledge about
insurance; principles of professional insurance practising specific to types of
Certificate of Insurance Agent:
a) For Certificate of Basic
Life Insurance Agent: General knowledge about insurance, fundamentals, basic
concepts and professional knowledge about lines or sublines of life insurance
(except unit-linked insurance), health insurance;
b) For Certificate of
Unit-linked Life Insurance Agent: General knowledge about financial market;
basic knowledge about investment; general knowledge about insurance,
principles, basic professional knowledge about lines or sublines of unit-linked
insurance;
c) For Certificate of Basic
Non-Life Insurance Agent: General knowledge about insurance, fundamentals,
basic concepts and professional knowledge about lines or sublines of non-life
insurance (except marine insurance, aviation insurance), products classified
into lines of health insurance, each of which has the maximum insurance term of
01 year; and casualty insurance products, each of which has the maximum
insurance term of 01 year;
d) For Certificate of Marine
Insurance Agent: General knowledge about insurance, fundamentals, basic
concepts and professional knowledge about lines or sublines of marine
insurance;
dd) For Certificate of
Aviation Insurance Agent: General knowledge about insurance, fundamentals,
basic concepts and professional knowledge about lines or sublines of aviation
insurance;
e) For Certificate of Health
Insurance Agent: General knowledge about insurance, fundamentals, basic
concepts and professional knowledge about lines or sublines of health
insurance.
2. Professional ethics or
standards of conduct of insurance agents shall be published by
socio-professional organizations.
3. Rights and obligations of
insurance companies, branches of foreign non-life insurance companies, mutuals
providing microinsurance and insurance agents to be exercised and undertaken
when carrying out insurance agent activities.
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5. Professional skills and
practicing as insurance agents.
6. Content of courses on the
Certificate of Unit-linked Insurance Agent to be taught to trainees who have
held the Certificate of Basic Life Insurance Agent, including those specified
in point b of clause 1 and 4 of this Article.
7. Content
of courses on the Certificate of Marine Insurance Agent to be taught to
trainees who have held the Certificate of Basic Non-Life Insurance Agent,
including those specified in point d of clause 1 and 4 of this Article.
8. Content
of courses on the Certificate of Marine Insurance Agent to be taught to
trainees who have held the Certificate of Basic Non-Life Insurance Agent,
including those specified in point d of clause 1 and 4 of this Article.
Section
2. DOCUMENTATION REQUIREMENTS, APPLICATION PROCEDURES AND PROCESSES FOR EXAM IN
CERTIFICATE OF INSURANCE AGENT (CERTIFICATION EXAM), AWARD, REVOCATION (OR
WITHDRAWAL) OR REPLACEMENT (OR REISSUANCE) OF CERTIFICATE OF INSURANCE AGENT
Article
21. Conducting the Certification Exam
1. Exam venue:
Certification exams shall
take place at the following venues:
a) at designated exam centres
in provinces or cities informed by the Department of Insurance Management and
Supervision;
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c) Exam venues that are
offices located in provincial-level administrative divisions of organizations
providing insurance agent services; socio-political organizations entering into
agreements on cooperation in insurance agent services with insurance companies,
branches of foreign non-life insurance companies, or mutuals providing
microinsurance.
2. When exams take place at
the venues specified in point a of clause 1 of this Article, the Department of
Insurance Management and Supervision shall hold the role of an exam organizer.
3. When exams take place at
the venues defined in point b of clause 1 of this Article, insurance companies,
branches of foreign non-life insurance companies, or mutuals providing
microinsurance shall conduct an exam as follows:
a) No more than one exam
shall be allowed to take place in each province or city, and shall be attended
by at least 10 candidates;
b) The adequate number of facilities
and separate rooms used for each exam shall be kept in place. Each exam room
must be equipped with at least 02 sets of technical equipment used for
audio-visual recording of exam activities and Internet network lines in good
working condition needed for technological app-based proctoring purposes. For
computer-based exams, computers must be in good condition and connected to
CEMS, and can accommodate the needs of the minimum of 25% of total candidate;
c) Nominating proctors and
markers;
d) Bearing responsibility for
protecting confidentiality and security of exam papers and answer sheets during
the entire period from receipt and use. Having the burden of complying with
rules and regulations imposed during the exam conducting process;
dd) Reporting on exam results
as provided in clause 1 of Article 24 herein;
e) Depositing the original
paper-based answer sheets and exam files with Insurance companies, branches of
foreign non-life insurance companies and mutuals providing microinsurance in at
least 05 years; audio and/or visual records in at least 03 years following the
exam date;
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4. Where exams are held at
the venues specified in point c of clause 1 of this Article, the Department of
Insurance Management and Supervision shall be responsible for organizing them
subject to the following regulations:
a) These exams shall be
conducted on a quarterly basis; in each city or province, no more than 01 exam shall
be held in each quarter and attended by at least 70 candidates;
b) Insurance companies,
branches of foreign non-life insurance companies, or mutuals providing
microinsurance shall provide technical infrastructure meeting exam conducting
requirements as prescribed in point b of clause 3 of this Article (except
requirements imposed on technical equipment used for IT app-based proctoring
purposes and audio and/or visual recording of each exam).
5. By October 31 at the
latest each year, the Department of Insurance Management and Supervision shall
announce the dates of exams to be conducted at the exam centres defined in
point a of clause 1 of this Article in the following year.
Article
22. Documentation Requirements, Procedures and Processes for Registration of
Certification Exam Plans
1. Registering the exam plan:
a) For exams to be held at
the venues specified in point a and b of clause 1 of Article 21 herein, by the
25th day each month, insurance companies, branches of foreign
non-life insurance companies, or mutuals providing microinsurance shall
register the plan for certification exam in the immediately following month;
b) For exams to be held at
the venues specified in point c of clause 1 of Article 21 herein, not later
than 15 days before the quarter in question ends, insurance companies, branches
of foreign non-life insurance companies, or mutuals providing microinsurance
shall register the plan for certification exam in the immediately following
quarter.
c) Documents required for
such registration shall be as required in Appendix 6 hereto.
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a) For exams to be held at
the venues specified in point a and b of clause 1 of Article 21 herein:
Department of Insurance Management and Supervision shall notify insurance
companies, branches of foreign non-life insurance companies, or mutuals
providing microinsurance of the exam conducting plan (including such
information as exam format and venue) no later than 02 working days before the
month in question ends;
b) For exams to be held at
the venues specified in point c of clause 1 of Article 21 herein: Department of
Insurance Management and Supervision shall notify insurance companies, branches
of foreign non-life insurance companies, or mutuals providing microinsurance of
the exam conducting plan (including such information as exam format and venue)
no later than 10 working days before the quarter in question ends.
3. For exams to be held at
the venues specified in point b of clause 1 of Article 21 herein, where
insurance companies, branches of foreign non-life insurance companies, or
mutuals providing microinsurance intend to change the exam conducting plan
after receiving the notice of exam venue, time and dismissal from the
Department of Insurance Management and Supervision, they shall be required to
notify such intention of change to the Department of Insurance Management and
Supervision (via CEMS) at least 01 working day prior to the exam date. By
reason of failing to comply with the foregoing, insurance companies, branches
of foreign non-life insurance companies, or mutuals providing microinsurance
shall be prohibited from organizing exams at the venues specified in point b of
clause 1 of Article 21 herein in 03 months (for first violation) or 06 months
(for recurring violation).
4. For exams to be held at
the venues specified in point c of clause 1 of Article 21 herein, where
insurance companies, branches of foreign non-life insurance companies, or
mutuals providing microinsurance intend to change the exam conducting plan
after receiving the notice of exam venue, time and dismissal from the
Department of Insurance Management and Supervision, they shall be required to
notify such intention of change to the Department of Insurance Management and
Supervision (via CEMS) at least 05 working day prior to the exam date. By
reason of failing to comply with the foregoing, the Department of Insurance
Management and Supervision shall not hold these exams at the venues specified
in point c of clause 1 of Article 21 herein in 01 quarter (for first violation)
or 02 months (for recurring violation).
5. In at least 01 working day
before the exam date, insurance companies, branches of foreign non-life
insurance companies, or mutuals providing microinsurance shall publish the
updated list of candidates of each certification exam on CEMS by using the Form
prescribed in Appendix 7 hereto.
6. Insurance companies,
branches of foreign non-life insurance companies, or mutuals providing
microinsurance shall be requested to pay exam fees of candidates according to
the list of candidates published on CEMS as provided by clause 5 of this
Article. In case of failing to pay these fees in full, insurance companies,
branches of foreign non-life insurance companies, or mutuals providing
microinsurance shall be disqualified from registering their exam plans in the
next month (for the exam to be held at the venues specified in point a and b of
clause 1 of Article 21 herein), or in the next quarter (for the exam to be held
at the venues specified in point c of clause 1 of Article 21 herein).
Article
23. Exam Papers (or Question Sheets), Exam Duration and Conditions for Passing
Certification Exams
1. For the exam papers used
in exams in the Certificate of Insurance Agent as prescribed in clause 1 of Article
19 herein, each of these exam paper shall contain 40 quizzes to be answered
within 60 minutes.
2. For the exam papers used
in the exams in Certificate of Unit-linked Insurance Agent to be taken by the
candidates that have held the Certificate of Basic Life Insurance Agent; for
the exam papers used in exams in Certificate of Marine Insurance Agent,
Certificate of Aviation Insurance Agent to be taken by the candidates that have
held Certificate of Basic Non-Life Insurance Agent, each of these exam paper
shall be comprised of 20 quizzes about the corresponding courses that they have
taken as stipulated in clause 6, 7 and 8 of Article 20 herein and these quizzes
shall be completely answered within 40 minutes.
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Article
24. Approval and Notification of Certification Exam Results
1. Within 05 working days
from the exam date, insurance companies, branches of foreign non-life insurance
companies, or mutuals providing microinsurance must send reports on results of
the paper-based exams held at the venues specified in point b of clause 1 of
Article 21 herein to the Department of Insurance Management and Supervision (via
CEMS) by using the Form given in the Appendix No. 8 hereto. Insurance
companies, branches of foreign non-life insurance companies, or mutuals
providing microinsurance shall bear responsibility for accuracy and
authenticity of these reports.
2. Department of Insurance
Management and Supervision shall issue its Decision on approval of
certification exam results, and inform insurance companies, branches of foreign
non-life insurance companies, or mutuals providing microinsurance of that
Decision (via CEMS):
a) within 03 working days
from the exam date in case of the computer-based exams.
b) within 05 working days
from the exam date in case of the paper-based exams to be held at the venues
specified in point a and c of clause 1 of Article 21 herein;
c) within 03 working days
after receiving exam results from CEMS in case of the paper-based exams to be
held at the venues specified in point b of clause 1 of Article 21 herein.
Article
25. Review of Exam Results and Handling of Review Results
1. Only results of
paper-based exams may be reviewed. Candidates can file their review appeals to
the Department of Insurance Management and Supervision (via CEMS) with
insurance companies, branches of foreign non-life insurance companies, or
mutuals providing microinsurance acting as conduits of these appeals within 20
days from the day on which the Department of Insurance Management and
Supervision approves the exam results. The appeal form shall be as stipulated
in Appendix 5 to this Circular.
2. In case of appeal for
review of results of the exams to be held at the venues specified in point b of
clause 1 of Article 21 herein, insurance companies, branches of foreign
non-life insurance companies, or mutuals providing microinsurance shall lodge
appeals, enclosing duplicated copies of answer sheets, with the Department of
Insurance Management and Supervision (via CEMS).
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4. Based on review results,
the Department of Insurance Management and Supervision shall consider issuing
the Decision to change exam results (if relevant), and award the Certificate of
Insurance Agent as prescribed in Article 26 herein.
Article
26. Conferral of Certificate of Insurance Agent
1. Within the duration of 02
working days after issuing the Decision on approval of exam results, the
Department of Insurance Management and Supervision shall confer the Certificate
of Insurance Agent upon candidates passing certification exams.
2. Certificate of Insurance
Agent shall be electrically awarded via CEMS. The Form of the Certificate of
Insurance Agent is displayed in the Appendix No. 9 hereto.
3. Insurance companies,
branches of foreign non-life insurance companies, or mutuals providing
microinsurance shall receive the list of Certificates of Insurance Agent via
CEMS by logging in the accounts that they have been granted when registering
the plans to conduct exams in the Certificate of Insurance Agent.
4. Persons and entities may
examine the Certificate of Insurance Agent via CEMS by entering the certificate
reference number or personal information of the certificate holder, including:
Full name, birth date, Citizen ID card/ID card/Passport number.
Article
27. Revocation (or Withdrawal) and replacement (or Reissuance) of Certificate
of Insurance Agent
Department of Insurance
Management and Supervision may carry out the certificate revocation or
replacement process subject to the following regulations:
1. A Certificate of Insurance
Agent shall be revoked or withdrawn if
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b) exam post-check results
prove that a candidate does not satisfy the conditions for passing the exam in
the Certificate of Insurance Agent as set forth in this Circular;
c) a candidate provides
falsified, fake or fraudulent personal identity papers (including Citizen ID/ID
card/Passport) to be eligible to take the certification exam;
d) a candidate is impersonated
to pass the certification exam;
dd) an insurance company,
branch of foreign non-life insurance company, mutual providing microinsurance
or person has cheated at the conversion of the Certificate of Insurance Agent;
e) Such withdrawal or
revocation is requested by competent state authorities in accordance with law.
2. A Certificate of Insurance
Agent may be reissued or replaced as prescribed in clause 2 of Article 18
herein.
3. Within 03 working days
after the training institution has established that the awarded certificate
falls into the situations prescribed in clause 1 or 2 of this Article, the
Department of Insurance Management and Supervision shall carry out the process
of revoking and reissuing the awarded certificate by removing information shown
in the electronic certificate (in case of withdrawal or revocation), or
rectifying information shown in the electronic certificate (in case of
reissuance or replacement) on CEMS.
4. Within 03 working days
after withdrawing or revoking the Certificate of Insurance Agent, the
Department of Insurance Management and Supervision shall make the list of
certificates subject to the withdrawal or revocation requirement as prescribed
in clause 1 of this Article available to the public on CEMS.
5. Persons whose certificates
are revoked or withdrawn as stipulated in point c, d, dd and e of clause 1 of
this Article shall be disqualified from participating in exams in the
Certificate of Insurance Agent in the next 12 months after revocation or
withdrawal.
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Article
28. Conversion Principles
Conversion of the Certificate
of Insurance Agent issued before January 1, 2023 into the Certificate of
Insurance Agent defined in this Circular shall adhere to the following principles:
1. Certificate of Insurance
Agent awarded by life insurance training institutions may be converted into the
Certificate of Basic Life Insurance Agent.
2. Certificate of Unit-linked
Insurance Agent awarded by life insurance training institutions may be
converted into the Certificate of Unit-linked Insurance Agent.
3. Certificate of Insurance
Agent awarded by non-life insurance training institutions shall be converted
into the Certificate of Basic Non-Life Insurance Agent.
4. Conversion of the Certificate
of Insurance Agent will be completed by December 31, 2025 at the latest.
Certificate of Insurance Agent issued before January 1, 2023 shall be invalid
as from the date of conversion into the Certificate of Insurance Agent defined
herein or January 1, 2026, whichever occurs first.
5. Certificate of Insurance
Agent shall be electrically converted and the electronic version thereof shall
be deposited on CEMS.
Article
29. Documentation Requirements, Procedures and Processes for Conversion of
Certificate of Insurance Agent
1. By June 30, 2025 at the
latest, insurance companies, branches of foreign non-life insurance companies,
or mutuals providing microinsurance shall send the Department of Insurance
Management and Supervision (via CEMS) the request for conversion of the
Certificate of Insurance Agent issued before January 1, 2023 into the
Certificate of Insurance Agent specified in this Circular to be held by their
insurance agents that remain active.
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a) Written request form for
conversion (enclosing the list of insurance agents that send the request for
conversion of their certificate) defined in Appendix 10 hereto;
b) Authenticated copy of the
Certificate of Insurance Agent issued before January 1, 2023 of the insurance
agent in question;
c) Authenticated copy of
Citizen ID card/ID card/Passport number of the insurance agent in question.
Where the information system for handling of administrative formalities of the
Ministry of Finance has successfully connected and shared citizen information
with the national population database, the Department of Insurance Management
and Supervision shall obtain such information from that database in accordance
with law.
3. Within 15 days of receipt
of the request package for conversion of the certificate, where that request
package is not adequate and valid, the Department of Insurance Management and
Supervision shall send insurance companies, branches of foreign non-life
insurance companies or mutuals providing microinsurance the written request for
modification and perfection of their request package for conversion.
With 60 days of receipt of
the adequate and valid request package, the Department of Insurance Management
and Supervision shall carry out the conversion of the certificate issued
January 1, 2023 into the certificate defined in this Circular. The Form of the
converted Certificate of Insurance Agent shall be as specified in Appendix No.
9 hereto.
Chapter
IV
RESPONSIBILITIES
OF ENTITIES AND PERSONS FOR CONDUCTING CERTIFICATION EXAMS, CONFERRAL,
REVOCATION AND REPLACEMENT OF CERTIFICATE IN INSURANCE, THE CERTIFICATE OF
INSURANCE AGENT, THE CERTIFICATE OF INSURANCE BROKER AND THE CERTIFICATE IN
INSURANCE AUXILIARY SERVICES
Article
30. Responsibilities of the Department of Insurance Management and Supervision
1. Issue the Regulations on
certification exams.
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3. Announce the exam time,
date and venue prior to October 31 each year (for the exams in Certificate of
Insurance Agent to be held at the venues specified in point a of clause 1 of
Article 21 herein), or prior to December 31 each year (for the exams in
Certificate in Insurance, Certificate of Insurance Agent, Certificate in
Insurance Auxiliary Services).
4. Announce the monthly plan
to hold the exams in Certificate of Insurance Agent at the venues specified in
point a and b of clause 1 of Article 21 herein, or the quarterly plan to
conduct the exams at the venues specified in point c of clause 1 of Article 21
herein to insurance companies, branches of foreign non-life insurance
companies, and mutuals providing microinsurance.
5. Design exam papers or
question sheets; conduct exams; approve and announce results of the exams in
Certificate in Insurance, Certificate of Insurance Agent, Certificate of
Insurance Broker or Certificate in Insurance Auxiliary Services.
6. Carry out the post-exam
checking of results of the paper-based exams; examine and manage the exams in
Certificate of Insurance Agent to be held at the revenues specified in point b
of clause 1 of Article 21 herein.
7. Carry out the review of
the results of the paper-based exams in Certificate in Insurance, Certificate
of Insurance Agent, Certificate of Insurance Broker or Certificate in Insurance
Auxiliary Services.
8. Award, revoke, withdraw,
reissue or replace Certificate in Insurance; convert Certificate of Insurance
Agent issued prior to January 1, 2023 into the Certificate specified herein.
9. Announce the list of
individual holders subject to revocation of Certificate in Insurance, the
Certificate of Insurance Agent, the Certificate of Insurance Broker and the
Certificate in Insurance Auxiliary Services.
Article
31. Responsibilities of Insurance Companies, Branches of Foreign Non-life
Insurance Companies, and Mutuals Providing Microinsurance
1. Provide the courses
defined in Article 20 herein to insurance agents.
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3. Hold exams in Certificate
of Insurance Agent (for the exams to be held at the venues specified in point b
of clause 1 of Article 21 herein).
4. Send the Department of
Insurance Management and Supervision the request package for conversion of
Certificate of Insurance Agent issued before January 1, 2023 into the one
specified in this Circular for the benefit of insurance agents of insurance
companies, branches of foreign non-life insurance companies, and mutuals
providing microinsurance in accordance with clause 1 and 2 of Article 29
herein.
5. Protect confidentiality
and security of audio-visual data of the exams to be held at the venues
specified in point b of clause 1 of Article 21 herein as provided by law.
Article
32. Responsibilities of Domestic Insurance Training Institutions
1. Provide the courses on
Certificate in Insurance, Certificate of Insurance Broker, Certificate in
Insurance Auxiliary Services as referred to in Article 9, 10 and 11 herein.
2. Register the list of
candidate with the Department of Insurance Management and Supervision, and pay
exam fees on behalf of candidates applying for exams at their offices.
3. Issue, reissue, withdraw
or revoke the Certificate in Insurance, Certificate of Insurance Broker,
Certificate in Insurance Auxiliary Services.
4. Notify the list of
individual holders of Certificate in Insurance, Certificate of Insurance Broker
or Certificate in Insurance Auxiliary Services that they have issued, reissued,
withdrawn or revoked to the Department of Insurance Management and Supervision;
publish the list of individual holders of Certificate in Insurance, Certificate
of Insurance Broker or Certificate in Insurance Auxiliary Services subject to
revocation or withdrawal requirements on their websites.
5. Deposit documents and
records on issuance, revocation or reissuance of Certificate in Insurance,
Certificate of Insurance Broker, and Certificate in Insurance Auxiliary
Services within the range of their responsibilities as defined under law on
archiving.
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1. As regards candidates:
a) Bear responsibility for
completeness, truthfulness and accuracy of information provided in the exam
application;
b) Comply with Rules and
Regulations on certification exams.
2. Responsibilities of
proctors and graders:
Proctor exams and mark answer
sheets under the Rules and Regulations on certification exams.
Chapter
V
IMPLEMENTATION
PROVISIONS
Article
34. Entry into force
1. This Circular shall enter
into force as from January 1, 2023.
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3. In the course of
implementation of this Circular, if there is any issue or difficulty that
arises, it should be promptly informed to the Ministry of Finance to seek
solutions./.
PP. MINISTER
DEPUTY MINISTER
Cao Anh Tuan