Chương V Thông tư 69/2022/TT-BTC: Điều khoản thi hành

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

Article 1. Scope of Application

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;

7. Entities and persons involved in certificate training programs, management of certification exams and award of the Certificate in Insurance, the Certificate of Insurance Agent, the Certificate of Insurance Broker and the Certificate in Insurance Auxiliary Services.

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:

1. A domestic insurance training institution may confer:

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;

b) The Certificate in Basic Non-life Insurance; the Professional/Practising Certificate in Non-life Insurance shall have the same value as the Certificate in Insurance defined in point b of clause 1 of this Article;

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;

b) Certificate in Non-life Insurance Consulting;

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).

4. A domestic insurance training institution may confer the following types of Certificate in Insurance Claims Assistance:

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

Domestic insurance training institution(s) referred to herein shall be the entity(ies) having competence in providing insurance training courses, including:

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;

5. Other international training organizations, including: Australian and New Zealand Institute of Insurance and Finance (ANZIIF); Chartered Insurance Institute (CII); Insurance Institute of Canada (IIC); Institute of Risk Management (IRM); Risk Management Institute of Australia (RMIA); Chartered Institute of Loss Adjusters (CILA); Australian Institute of Chartered Loss Adjusters (AICLA); Lloyd's Maritime Institute; Life Office Management Association (LOMA); Life Insurance Marketing and Research Association (LIMRA).

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;

c) Vietnam’s domestic law on non-life and health insurance business.

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.

2. Vietnam’s domestic law on insurance business and insurance brokerage.

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.

Section 2. APPLICATION REQUIREMENTS, PROCESSES AND PROCEDURES FOR CERTIFICATION EXAMS, CONFERRAL OF CERTIFICATE IN INSURANCE, CERTIFICATE OF INSURANCE BROKER, CERTIFICATE IN INSURANCE AUXILIARY SERVICES BY DOMESTIC INSURANCE TRAINING INSTITUTIONS

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);

b) Name of the certificate exam (specifying the corresponding type of Certificate in Insurance and Certificate in Insurance Auxiliary Services);

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).

Article 16. Award or Conferral of Certificate in Insurance, Certificate of Insurance Broker, Certificate in Insurance Auxiliary Services

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.

2. The Department of Insurance Management and Supervision shall carry out the review marking and notify review results on CEMS within 05 working days after the Department receives review appeals from candidates.

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:

a) Last name/Middle name/First name;

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

Article 19. Certificate of Insurance Agent (or Certificate of Practising as Insurance Agent)

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;

b) The Certificate of Unit-linked Insurance Agent awarded by life insurance training institutions shall have the same validity as the Certificate defined in point b of clause 1 of this Article;

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

Each course on the Certificate of Insurance Agent shall cover the following:

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.

4. Domestic or national law of Vietnam on insurance business that relevantly governs types of insurance, lines or sublines of insurance coverage with respect to specific courses on Certificates of Insurance Agent.

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;

b) Exam venues other than those prescribed in point a of clause 1 of this Article not in provinces or cities. In order to conduct exams in these venues, insurance companies, branches of foreign non-life insurance companies, or mutuals providing microinsurance shall be required to get them registered;

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;

g) By reason of failing to comply with point b, d, dd or e of this clause, insurance companies, branches of foreign non-life insurance companies, or mutuals providing microinsurance shall be prohibited from registering plans to conduct their certification exams within 01 month (for first violation) or 03 months (for recurring violation).

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 25^th 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.

2. Notifying 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: 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.

3. Any candidate answering at least 75% of total quizzes in the exam paper shall be deemed as passing the exam in the Certificate of Insurance Agent.

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).

3. Department of Insurance Management and Supervision shall carry out remarking and post remarking results availably on CEMS within 05 working days after receiving appeals from candidates; or within 05 working days after receiving appeals, enclosing duplicated copies of answer sheets of candidates (for the paper-based exams to be held at the venues specified in point b of clause 1 of Article 21 herein).

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 03 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

a) despite the fact that a person does not participate or fails in the exam in the Certificate of Insurance Agent held at the venues specified in point b of clause 1 of Article 21 herein, an insurance company, branches of foreign non-life insurance company or mutual providing microinsurance has reported that he/she passes that exam;

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.

Section 3. CONVERSION OF CERTIFICATE OF INSURANCE AGENT

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.

2. Request package for conversion of the Certificate of Insurance Agent defined in clause 1 of this Article shall comprise the following:

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.

2. Develop the question bank used for certification exams aligned with courses specific to certification types defined herein.

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.

2. Register plans to hold exams, update the list of candidates and pay fees for participation in exams in Certificate of Insurance Agent to the Department of Insurance Management and Supervision in accordance with clause 1, 3, 4, 5 and 6 of Article 22 herein.

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.

Article 33. Responsibilities of Candidates, Proctors and Graders

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.

2. This Circular shall replace the Circular No. 125/2018/TT-BTC dated December 24, 2018 of the Ministry of Finance on award of Certificate of Insurance Agent and the Circular No. 65/2019/TT-BTC dated September 16, 2019 of the Ministry of Finance on content of courses, exams, conferral and recognition of Certificate in Insurance Auxiliary Services.

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./.