Chương VI Luật kinh doanh bảo hiểm 2022: Quản lý nhà nước về hoạt động kinh doanh bảo hiểm

Chapter VI

STATE MANAGEMENT OF INSURANCE BUSINESS

Article 151. State management of insurance business

1. The Government shall carry out its uniform state management of insurance business.

2. The Ministry of Finance shall be held accountable to the Government for its state management of insurance business and shall have the following duties and entitlements:

a) Promulgate or seek competent authorities’ approval of promulgation and instructions on implementation of legislative documents on insurance business, formulation of strategies, projects and policies for development of Vietnam’s insurance market;

b) Conduct statistics and forecast of the insurance market;

c) Supervise insurance companies, reinsurance companies and foreign branches in Vietnam, mutuals providing microinsurance products and insurance brokerage companies through their rendering of services, financial status, corporate management, risk management and compliance with law on insurance business; supervise performance of foreign representative offices in Vietnam;

d) Supervise performance of insurance agents and insurance ancillary services through insurance companies, reinsurance companies and foreign branches in Vietnam;

dd) Examine and inspect insurance companies, reinsurance companies and foreign branches in Vietnam, mutuals providing microinsurance products and insurance brokerage companies; examine performance of foreign representative offices in Vietnam;

e) Ensure international cooperation in the insurance sector;

g) Settle disputes, claims and impose sanctions against administrative violations arising in the insurance business.

Article 152. Mechanism for cooperation in state management of insurance business

1. The Ministry of Finance shall cooperate with state foreign insurance authorities on management, supervision, inspection and examination of foreign branches in Vietnam in accordance with the Government’s regulations.

2. The Ministry of Finance shall establish the mechanism for sharing of administrative and supervisory information with the State Bank of Vietnam, Ministries, other central authorities and socio-professional organization in the insurance industry.

3. The Ministry of Finance shall cooperate with relevant Ministries and central authorities on affiliation and cooperation between the insurance sector and the social or health insurance sector under the state control.

4. Business registration agencies shall not be allowed to accept the use of the phrase or term “insurance", "reinsurance" or the like in a company’s name if such use can result in the confusion to such an extent that the company is wrongly considered an insurance company, reinsurance company or foreign branch in Vietnam.

5. Business registration agencies shall not be allowed to accept the use of the phrase or term “insurance brokerage", "reinsurance brokerage" or the like in a company’s name if such use can result in the confusion to such an extent that the company is wrongly considered an insurance brokerage company.

Article 153. Rights to request provision of information of Ministry of Finance for use in examination, inspection and handling of administrative offences arising in the insurance business

1. During the process of examination, inspection and handling of administrative offences arising in the insurance business, in addition to the duties and powers prescribed in law on inspection, law on handling of administrative offences and other regulatory provisions of relevant law, the Ministry of Finance shall have the following duties and powers:

a) Request shareholders, capital-contributing members, managers, controllers, staff members of insurance companies, reinsurance companies, foreign branches in Vietnam or insurance brokerage companies to give explanations about and provide information, documents and data related to the scope of inspection and examination activities;

b) Request entities and persons possessing information, documents and data related to the scope of inspection and examination of the insurance business to provide these information, documents and data, or request entities or persons to give explanations about and contact it to deal with issues related to the scope of examination and inspection;

c) Request credit institutions or foreign bank branches to provide information related to accounts of insurance companies, reinsurance companies, foreign branches in Vietnam, insurance agents, insurance brokerage companies, insurance ancillary service providers, fund management companies of insurance companies, foreign representative offices in Vietnam and entities or persons suspected of committing the prohibited acts specified in Article 9 herein, or committing violations against regulations on capital adequacy ratios, investment of insurance companies, reinsurance companies, foreign branches in Vietnam, financial safety and solvency referred to in Article 95, 99, 100, 109 and 110 herein. Procedures and processes for requesting and providing information shall be subject to regulatory provisions on banking.

2. Requesting entities and persons to cooperate and provide information, documents, data, explanation, or contact it to deal with issues concerned, as per this Article must be expressed in written documents specifying purposes, bases, content and scope of each request.

3. Information provided by credit institutions, foreign bank branches, entities and persons as per this Article must be secured as per regulatory provisions and can only serve the purposes of inspection, examination and sanctioning of administrative offences of related entities or persons.

Article 154. Insurance business inspection

1. State insurance business authorities shall perform the functions of specialized inspection of insurance business.

2. Where necessary, in order to carry out the specialized inspection of insurance business, those authorities specified in clause 1 of this Article can hire independent audit bodies, consulting companies or specialists to assess and give professional comments on several matters that are alleged to cause any impacts on inspectees’ safety and health where necessary, including:

a) Technical provisions;

b) Solvency;

c) Reinsurance;

d) Investment;

dd) Separate management of equity and insurance premiums, and distribution of surpluses;

e) Rules, terms and conditions and tariff of insurance premiums.

3. Independent audit bodies, consulting companies or experts hired to bear legal responsibilities for accuracy, truthfulness and impartiality of assessment data, documents and opinions on matters in question.

4. Organization and operation of insurance business inspectorates shall be subject to regulations of this Law and legislation on inspection.