In the framework of the 3rd session of the UBTVQH, the morning of September 13-9, UBTVQH heard, giving comments to the revised insurance business law project. The Law is expected to take effect from July 1, 2023. Vice President of the National Assembly Nguyen Duc Hai operates the meeting session 09: 00/5: 02 South Southern Ministry of Finance Minister Ho Duc Phuong presented the report At the Subsidiary session, the subjects applied and supplemented regulations on the contract of life 20 years ago, when the insurance market was still young, the management agency was also newly established, small market size and products , Distribution channels are not diverse, the current insurance business law is considered to reveal certain shortcomings, no longer unified and synchronous with new regulations amended and supplemented at the Civil Code. Some contents of the law have not yet been applied in practice as the authority and process of handling insurance enterprises in financial difficulties; The application or integration of technology in insurance business; Requirements on internal control, internal audit, independent auditing; Affiliate between management agencies in the implementation of government insurance programs .
.. Some of the current provisions of the current insurance business law have not kept up with international such as: regulations on axial prevention Insurance, money laundering, incomplete terrorism funding; Conditions for foreign investors are limited; Backward financial management model; There is no risk management requirement. At the meeting, the Government shall submit to the UBTVQH to consider the draft Insurance Business Law (amended) consisting of 8 chapters, 156 articles
The National Assembly Chairman Nguyen Duc Hai operates the session Note, the applicable object is expanded from the old Law, adding "mutual organizations to provide micro-insurance". The draft law also amends and supplements the interpretation of words to match the relevant practices and laws; Specify the principle of providing and using amended insurance services to comply with current law provisions, international practices and international commitments of Vietnam participating (EVFTA, CPTPP) ... noteworthy, Many contents of insurance contracts are completed in the direction of strengthening the responsibilities of insurance enterprises and insured people in these tasks and orienting dispute settlement. Thao also supplements regulations on stool Type of contract, modifying the contents of the insurance contract (BBH), Terms of Excluding Insurance Responsibility and unilaterally terminate the Council, Disadvantaged BBH, responsibility to provide information of insurance buyers and enterprises Insurance, the deadline for submission of insurance payment requirements, payment term ... to facilitate insurance enterprises, reinsurance enterprises to complete the system, training cadres and draft regulations In the direction after 5 years from the date of this Law, the Insurance Enterprise, the Reinsurance Enterprise must apply the regulations on capital and payment capabilities. Insurance has been assigned before the effective date of this Law and is still valid and continuing to comply with the provisions of the law at the time of contractual assignment, unless the parties have agreement on amendments and supplements Contract to comply with this Law and to apply the provisions of this Law
From when this law takes effect, the insurance enterprise stops to pay the Insured Protection Fund, the balance of the Protection Fund At the time of this Law takes effect (about VND 900 billion) used to protect the rights of the insured if the enterprise bankrupt or loses the ability to pay; The Ministry of Finance manages and uses the balance of the Insurance Protection Fund to ensure safety and proper purposes according to the provisions of law. Insurance agent certificates are granted before the effective date of this Law to continue used until the end of December 31, 2025.In the time limit of 2 years from the date of this Law takes effect, insurance enterprises must register for enterprises and business registration, not to carry out procedures Licenses for establishment and operation, unless requested by the requirement. Precautions when interfering with the business freedom of insurance enterprises in the discussion session, many opinions in the UBTVQH Note the Drafting Board In accordance with the current legal system, especially the Civil Code. The Law Commission Hoang Thanh Tung expresses interests in information collection regulations (including information between the seller, Insurance buyers and beneficiaries) To do not create overlapping, conflicting with the Constitution and Civil Code. "Many regulations in the relevant law draft Tesule with Bankruptcy Law, Enterprise Law, Securities Law ... Enterprise Law allows a number of specific business types with other regulations, but if different, it is very clear why. Similar to the bankruptcy law, the Securities Law ... ", Mr. Hoang Thanh Tung speech. The leading Committee of the Law also asked to fully and comprehensively the impact of some new policies in the draft law like The establishment of mutual organizations, special control for a number of insurance business organizations. According to him, it is necessary to be extremely cautious and tight when the state intervenes with the business freedom of business . Dịch vụ:
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