THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
43/2001/ND-CP
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Hanoi,
August 01, 2001
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DECREE
PRESCRIBING THE FINANCIAL REGIME APPLICABLE TO INSURANCE
ENTERPRISES AND INSURANCE BROKERAGE ENTERPRISES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Insurance Business of December 9, 2000;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. This Decree shall not apply to mutual support
insurance organizations.
Article 2.- Financial
management principles
Insurance enterprises and insurance brokerage
enterprises shall enjoy financial autonomy, take self-responsibility for their
own business operation results and fulfill their obligations and commitments
according to the provisions of law.
Article 3.- State
management agencies
The Finance Ministry shall perform the function
of State management over finance, guide and inspect the observance of the
financial regime by insurance enterprises and insurance brokerage enterprises
according to the provisions of law.
Chapter II
MANAGEMENT AND USE OF
CAPITAL AND ASSETS
Section 1. LEGAL CAPITAL,
CHARTER CAPITAL, DEPOSITS AND MANAGEMENT
OF ASSETS
Article 4.- Legal
capital
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a/ For non-life insurance business: VND
70,000,000,000 or USD 5,000,000;
b/ For life insurance business: VND
140,000,000,000 or USD 10,000,000.
2. The legal capital level of insurance brokerage
enterprises: VND 4,000,000,000 or USD 300,000.
Article 5.- Charter
capital
1. Charter capital of an insurance enterprise or
insurance brokerage enterprise is the capital inscribed in such enterprise’s
charter.
2. In the course of operation, insurance enterprises
and insurance brokerage enterprises shall have to maintain the already
contributed charter capital at a level not lower than the legal capital level
prescribed in Article 4 of this Decree.
3. In cases where an insurance enterprise or
insurance brokerage enterprise changes its charter capital already inscribed in
its charter or where the transfer of shares of shareholders or contributed
capital proportions of joint-venture parties accounts for 10% of the charter
capital or more, such insurance enterprise or insurance brokerage enterprise
shall have to file an application therefor and a written exposition to the
Finance Ministry. Within 30 days after receiving the application and
exposition, the Finance Ministry shall reply in writing on its approval or
disapproval. In case of disapproval, the Finance Ministry shall have to explain
the reasons therefor in writing.
4. Insurance enterprises and insurance brokerage
enterprises, which had been established, organized and operating before the
Insurance Business Law took effect, had their charter capital lower than the
legal capital level prescribed in Article 4 of this Decree shall, within 3
years from the effective date of this Decree, have to fully supplement their
charter capital according to regulations.
Article 6.- Deposits
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2. The deposit level of an insurance enterprise
shall be equal to 5% of its legal capital prescribed in Clause 1, Article 4 of
this Decree.
3. Insurance enterprises may only use deposits
to fulfill their commitments toward insurance purchasers when their solvency
falls short and the Finance Ministry’s written consents thereto are obtained.
Within 90 days after the deposits are used, insurance enterprises shall have to
supplement the already used deposit amounts.
4. Insurance enterprises shall be entitled to
withdraw the whole deposit amount upon the termination of their operation.
Article 7.- Other
regulations on management of the use of capital and assets
Apart from the provisions of this Decree,
insurance enterprises and insurance brokerage enterprises shall have to comply
with the regulations on management of the use of capital and assets according
to the relevant law provisions applicable to each type of enterprises.
Section 2. INSURANCE
OPERATION RESERVES
Article 8.- Operation
reserves for non-life insurance
1. Enterprises engaged in non-life insurance
business shall have to deduct part of insurance premium of each insurance
operation to set up operation reserve for their retained liability proportions.
2. Operation reserves include:
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b/ Reserve for indemnities to unsettled claims,
which shall be used to compensate for damage arising under insurance liability
for which claims have not yet been made or have already been made but remain
unsettled until the end of the fiscal year;
c/ Reserve for indemnities to great damage
amplitudes, which shall be used to make compensations when a large damage
amplitude occurs or a great damage is caused but the total insurance premium
retained in the fiscal year after making deductions for setting up the reserve
for premiums not yet enjoyed and the reserve for indemnities to unsettled
claims is not enough to pay indemnity for the retained liability proportions of
insurance enterprises.
Article 9.- Operation
reserves for life insurance
1. Enterprises engaged in life insurance
business shall have to deduct part of insurance premium of each insurance
contract for setting up operation reserves for their retained liability
proportions.
2. Operation reserves include:
a/ Mathematical reserve, which is the difference
between the present value of insurance sum and the present value of insurance
premiums to be collected in the future, and shall be used to pay insurance sum
for already committed liabilities upon the occurrence of insurance events;
b/ Reserve for premiums not yet enjoyed, which
is applicable to life insurance contracts with a term of under one year, and
shall be used to pay insurance sums, which are likely to arise in the remaining
valid duration of the insurance contracts in the subsequent year;
c/ Indemnity reserve, which shall be used to pay
insurance sums when the insurance events occur but remain unsettled until the
end of the fiscal year;
d/ Reserve for interest sharing, which shall be
used to pay interests upon which insurance enterprises have agreed with
insurance purchasers in insurance contracts;
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Article 10.- Levels and
methods of deduction for setting up operation reserves
The Finance Ministry shall specify the level and
method of deduction for setting up operation reserve for each insurance
operation prescribed in Articles 8 and 9 of this Decree.
Section 3. CAPITAL INVESTMENT
Article 11.- Investment
capital sources
Investment capital sources of an insurance
enterprise include:
1. Charter capital;
2. Compulsory reserve fund;
3. Voluntary reserve fund;
4. Unused interest amounts of previous years and
funds used for investment, which are formed from its retained profit;
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Article 12.- Idle
capital source from insurance operation reserve
1. Idle capital source from insurance operation reserve
of an insurance enterprise is the total insurance operation reserve minus
amounts used by such insurance enterprise to pay regular insurance indemnities
in a period, for non-life insurance, or pay regular insurance sums in a period,
for life insurance.
2. Money amounts used by a non-life insurance
business enterprise to pay regular insurance indemnities in a period shall not
be lower than 25% of the total insurance operation reserve and may be deposited
at credit institutions operating in Vietnam.
3. Money amounts used by a life insurance
business enterprise to pay regular insurance sums in a period shall not be
lower than 5% of the total insurance operation reserve and may be deposited at
credit institutions operating in Vietnam.
Article 13.- Investment
of idle capital from insurance operation reserve
1. Idle capital from insurance operation reserve
of an insurance enterprise as defined in Clause 1, Article 12 of this Decree
shall only be invested in Vietnam in the following fields:
a/ For enterprises engaged in non-life insurance
business:
- Purchase of Government bonds and/or enterprise
bonds with underwriting, deposits at credit institutions with unlimited
amounts;
- Purchase of enterprise shares and/or bonds
without underwriting, capital contribution to other enterprises with 35% of
idle capital from insurance operation reserve at most;
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b/ For enterprises engaged in life insurance
business:
- Purchase of Government bonds and/or enterprise
bonds with underwriting, deposits at credit institutions with unlimited
amounts;
- Purchase of enterprise shares and/or bonds
without underwriting, capital contribution to other enterprises with 50% of
idle capital from insurance operation reserve at most;
- Real estate business, loan provision,
entrusted investment through financial-credit organizations with 40% of idle
capital from insurance professional operation reserve at most.
2. Insurance enterprises, which had been
established before the effective date of the Insurance Business Law and have
made investment at rates higher than those prescribed in Clause 1 of this
Article, shall, within one year from the effective date of this Decree, have to
readjust such rates as appropriate.
3. The investment from capital sources defined
in Clauses 1, 2, 3 and 4, Article 11 of this Decree shall be made according to
the provisions of law.
Chapter III
SOLVENCY AND RESTORATION
THEREOF
Article 14.- Solvency
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2. Insurance enterprises shall be considered
solvent when they fully make deductions for setting up insurance operation
reserves and have a solvency amplitude not lower than the minimum solvency
amplitude prescribed in Article 15 of this Decree.
Article 15.- Minimum
solvency amplitude
1. The minimum solvency amplitude of a non-life
insurance business enterprise shall be equal to 20% of the total premium amount
actually retained at the time of determining its solvency amplitude.
2. The minimum solvency amplitude of a life
insurance business enterprise:
a/ For life insurance contracts with a term of
10 years or less, it shall be equal to 4% of the insurance operation reserve
plus 0.1% of the insurance sum at risk;
b/ For life insurance contracts with a term of
over 10 years, it shall be equal to 4% of the insurance operation reserve plus
0.3% of the insurance sum at risk.
Article 16.- The
solvency amplitude of insurance enterprises
1. The solvency amplitude of a non-life
insurance enterprise shall be calculated on the basis of capital source for
determining solvency amplitude divided by the total insurance premium
corresponding to the liability proportion actually retained at the time of
determining solvency amplitude.
2. The solvency amplitude of a life insurance enterprise
shall be calculated on the basis of capital source for determining solvency
amplitude divided by the total insurance operation reserve and the insurance
sum at risk at the time of determining the solvency amplitude.
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Article 17.- Danger of
insolvency
Insurance enterprises shall be considered being
in danger of insolvency when the amplitude of their solvency is lower than the
minimum solvency amplitude.
Article 18.- Plans for
solvency restoration
1. When facing the danger of insolvency, an
insurance enterprise shall have to immediately report to the Finance Ministry
on its real financial status, cause(s) leading to the danger of insolvency as
well as plans for solvency restoration, including the following measures:
a/ Plan for supplement of its own capital
source;
b/ Plan for reinsurance; narrowing of operation
contents and scope;
c/ Plan for consolidation of organizational
structure and expected change of its Managing Board�s Chairman and/or its General Director
(Director);
d/ Plan for transfer of insurance contract(s);
e/ Other measures.
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3. Within 90 days after the Finance Ministry
decides on the implementation of the solvency restoration plans, if the
insurance enterprise still fails to restore its solvency as prescribed, it
shall be put into the state of the special control. The Finance Ministry shall
decide to set up the solvency control board to apply solvency restoration
measures according to the provisions of Article 80 of the Insurance Business
Law.
Chapter IV
TURNOVER AND EXPENSES
Section 1. TURNOVER AND
EXPENSES OF INSURANCE ENTERPRISES
Article 19.- Turnover
of insurance enterprises
Turnover of an insurance enterprise is the collectible
amount of money arising in a period and includes:
1. Turnover from insurance business activities,
which is the collectible amount arising in a period after subtracting payable
amounts for reducing revenues arising in a period.
a/ The collectible amounts arising in a period
include:
- Original insurance premium;
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- Re-insurance ceding commission;
- Charges for agency services, including: damage
assessment, consideration for indemnity payment, request for the third party’s
compensation, handling of cargo eligible for 100% indemnity;
- Damage assessment charge, excluding
free-of-charge assessment among internal cost-accounting member units of the
same independent cost-accounting insurance enterprise.
b/ Payable amounts for reducing revenues arising
in a period include:
- Refunded insurance premium;
- Reduced insurance premium;
- Re-insurance assignment charge;
- Refunded re-insurance undertaking charge;
- Reduced re-insurance undertaking charge;
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- Reduced re-insurance ceding commission.
2. Turnover from financial activities:
a/ Revenue from investment activities as defined
in Section 3, Chapter II of this Decree;
b/ Revenue from securities purchasing and selling
activities;
c/ Revenue being interest on deposits;
d/ Revenue from asset leasing;
e/ Re-entried balance of securities price
decrease reserve;
f/ Other revenues as prescribed by law.
3. Revenues from other activities:
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b/ Bad debts, which have been written off but
are now recovered;
c/ Fines for contract breaches;
d/ Other revenues as prescribed by law.
Article 20.- Expenses
of insurance enterprises
Expenses of an insurance enterprise are payable
and deductible amounts arising in a period, including:
1. Insurance business expenses, which are
payable and/or deductible amounts arising in a period, after subtracting
collectible amounts for purpose of reducing expenses arising in such period.
a/ Payable and deductible amounts arising in a
period include:
- Original insurance indemnities for non-life
insurance, or insurance sums for life insurance;
- Re-insurance indemnities;
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- Insurance commission;
- Damage assessment expense;
- Charges for agency services, including damage
assessment, consideration for payment of indemnities, claim for compensations
by the third party;
- Expense for handling of cargo subject to 100%
indemnity;
- Expense for management of insurance agents;
- Expense for risk and damage prevention and
minimization;
- Expense for assessment of risks of the
insured;
- Wage, remuneration, bonus, severance and amounts
of wage and remuneration character as provided for by law for each type of
enterprises;
- Payable social insurance and medical insurance
premiums as prescribed by law;
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b/ Amounts, which must be collected to reduce
expenses arising in a period, including:
- Re-insurance ceding indemnity;
- Compensations from the third party under
claims;
- Proceeds from the handling of cargo subject to
100% indemnity.
2. Expenses for financial activities:
a/ Expenses for investment activities according
to the provisions of Section 3, Chapter II of this Decree;
b/ Interests to be paid to life insurance policy
holders;
c/ Asset leasing expenses;
d/ Banking fees, loan interests;
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f/ Other expenses as prescribed by law.
3. Expenses for other activities:
a/ Expenses for assignment, sale and/or
liquidation of fixed assets;
b/ Expenses for recovery of bad debts, which
have been written off but are now recovered;
c/ Expenses paid as fines for contract breaches;
d/ Other expenses as prescribed by law.
Article 21.- Excluded
expenses
Insurance enterprises shall not be allowed to
account into their expenses the following:
1. Fines that must be paid by collectives or
individuals for their law violations;
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3. Public-service expenses, rewards, welfare
allowances, regular and irregular hard-life allowances and other expenses
covered by other funding sources;
4. Other unreasonable expenses as prescribed by
law.
Section 2. TURNOVER AND
EXPENSES OF INSURANCE BROKERAGE ENTERPRISES
Article 22.- Turnover
of insurance brokerage enterprises
Turnover of an insurance enterprise is the
collectible amount of money arising in a period and includes:
1. Turnover from insurance brokerage activities:
a/ Insurance brokerage commissions, after
subtracting reimbursed or reduced insurance brokerage commission amounts;
b/ Other revenues as prescribed by law.
2. Turnover from financial activities:
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b/ Interests on deposits, interests on loans;
c/ Asset rental;
d/ Re-entried balance of securities price
decrease reserve;
e/ Other revenues as specified by law.
3. Income from other activities:
a/ Proceeds from the assignment, sale and/or
liquidation of fixed assets;
b/ Bad debts, which have been written off but
are now recovered;
c/ Fines for contract breaches;
d/ Other revenues as prescribed by law.
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Expenses of an insurance brokerage enterprise are
payable amounts arising in a period, including:
1. Expenses for insurance brokerage activities:
a/ Expense for insurance brokerage activities;
b/ Expense for purchase of occupational
liability insurance;
c/ Wage, remuneration, bonus, severance and
amounts of wage and remuneration character as provided for by law for each type
of enterprise;
d/ Payable social insurance and medical
insurance premiums as prescribed by law;
e/ Other expenses as prescribed by law for each
type of enterprise.
2. Expenses for financial activities:
a/ Asset leasing expenses;
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c/ Deductions for setting up securities price
decrease reserve;
d/ Other expenses as prescribed by law.
3. Expenses for other activities:
a/ Expenses for assignment, sale and/or
liquidation of fixed assets;
b/ Expenses for recovery of bad debts, which
have been written off but are now recovered;
c/ Expenses paid as fines for contract breaches;
d/ Other expenses as prescribed by law.
Article 24.- Excluded
expenses
Insurance brokerage enterprises shall not be
allowed to account into their business operation expenses those specified in
Article 21 of this Decree.
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PROFIT AND PROFIT
DISTRIBUTION
Article 25.- Profit of
insurance enterprises
1. Profit actually earned in a year is the
business result of an insurance enterprise, including profit from insurance
business activities, profit from financial activities and profit from other
activities.
2. Profit of an insurance enterprise is the difference
determined between the total turnover and the total expenses of such insurance
enterprise.
Article 26.- Profit of
insurance brokerage enterprises
1. Profit actually earned in a year is the
business result of an insurance brokerage enterprise, including profit from
insurance brokerage business activities, profit from financial activities and
profit from other activities.
2. Profit of an insurance brokerage enterprise
is the difference determined between the total turnover and the total expenses
of such insurance brokerage enterprise.
Article 27.-
Obligations toward the State budget
Insurance enterprises and insurance brokerage
enterprises shall have to fulfill their obligations toward the State budget
according to the provisions of law.
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After paying enterprise income tax as prescribed
by law and making deductions for setting up the compulsory reserve fund,
insurance enterprises and insurance brokerage enterprises shall be entitled to
distribute the remaining profit according to the provisions of law.
Article 29.- The
compulsory reserve fund
Insurance enterprises and insurance brokerage
enterprises shall have to deduct 5% of their annual after-tax profit for
setting up the compulsory reserve fund. The maximum level of the compulsory
reserve fund shall be equal to 10% of the enterprise�s charter capital.
Chapter VI
ACCOUNTING, STATISTICAL
AND AUDITING REGIMES AND FINANCIAL REPORTS
Article 30.- Accounting
regime
Insurance enterprises and insurance brokerage
enterprises shall have to make full inscriptions on initial vouchers, update
accounting books and reflect their economic and financial activities in a
comprehensive, prompt, truthful, accurate and objective manner.
Article 31.- Fiscal
year
A fiscal year of an insurance enterprise or
insurance brokerage enterprise starts on January 1 and ends on December 31 of
the same calendar year. The first fiscal year of an insurance enterprise or
insurance brokerage enterprise starts on the date it is granted the
establishment and operation license and ends on the last day of the same year.
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1. Insurance enterprises and insurance brokerage
enterprises shall have to make and send their financial reports, statistical
reports, periodical and extraordinary professional operation reports according
to the provisions of the current laws and the Finance Ministry’s guidance.
2. Annual financial reports of insurance
enterprises and insurance brokerage enterprises must be audited and certified by
independent auditing organizations lawfully operating in Vietnam before being
submitted to the Finance Ministry.
3. Besides reports prescribed in Clauses 1 and 2
of this Article, foreign-invested insurance enterprises and insurance brokerage
enterprises shall, within 180 days after the end of a fiscal year, have to send
their annual financial reports of foreign insurance enterprises and foreign
insurance brokerage enterprises to the Finance Ministry.
Article 33.-
Publicizing financial reports
Within 120 days after the end of a fiscal year,
insurance enterprises and insurance brokerage enterprises shall have to
publicize their financial reports according to the provisions of law.
Article 34.- Financial
examination and inspection
The Finance Ministry shall conduct the
examination and inspection of the observance of the financial regime by
insurance enterprises and insurance brokerage enterprises.
Chapter VII
IMPLEMENTATION
PROVISIONS
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1. This Decree takes effect 15 days after its
signing.
2. All previous regulations on the financial
regime applicable to insurance enterprises and insurance brokerage enterprises
shall cease to be effective as from the effective date of this Decree.
Article 36.-
Organization of implementation
1. The Finance Minister shall guide the
implementation of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the provinces and centrally-run cities shall
have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai