On the afternoon of September 28, the National Assembly Economic Committee met the second total session, verified the insurance business law project (amended). Many comments focus on tables on insurance contracts, the proposal needs to create a brief, easy-to-understand insurance contract, near the people. State management agencies need to control the sample contract to ensure the rights of insurance buyers, especially life insurance are more than 10 million participants while the contract is too long, sometimes more than hundred Page, unknown who buyers have enough time to read to understand ". Vu Tien Loc, Nguyen Chairman of VCCI suggests open, in the case of a long contract, it is necessary to make a regulation so that the readers are understood." term, insurance requirements, insurance certificates, dossiers of guidance to resolve insurance payments when losses are notified, what documents are required, and if they do not pay How to refuse
... right in the law ", Mr
Loc said. Evaluation of insurance business law is a massive, difficult, complex, intensive, well-prepared, well-prepared law, schedule Tiews are concerned about the complexity of the insurance contract, and the desire to create an insurance contract must harmonize the benefits between businesses with insured people, avoid losing to the insured. There should be regulations on framework contracts, sample contracts and mechanisms to monitor the insurance contract of the state management agency to ensure the right to the insured. Before that, at the report No. 340 / BC- CP Receiving and explaining the opinions of the National Assembly Standing Committee on the Insurance Business Law Project (amended) on September 24, the Government has explained a number of terms of the draft law, including Content of insurance policies (Chapter II). About the principle of assigning and implementing insurance contracts (Article 13), according to the opinion of the National Assembly Chairman of Vuong Dinh Hue, the Contract Principle is a satisfying principle Voluntary prosperity in the viewpoint of the Civil Code and the whole world "voluntarily, equal, public, transparent". Therefore, any content does not voluntarily equal, not transparent publicity that is imposed to be taken to the state management, cannot be attached to the contract. Before the above view, the government has also given Comments keep the draft. Specifically, according to the provisions of Article 13 of the Draft Law, the allocation and implementation of insurance contracts must comply with the basic principles of civil law, which are voluntary, equal and public principles , Transparent. However, the insurance contract is a kind of partial contract, arising obligations between the parties to the contract
In the content of this type of contract, the civil rights of this party corresponds to the obligation of the other party and vice versa. According to Article 274 of the 2015 Civil Code, the performance of obligations is for the sake of the party have the right to. Therefore, in the paralial contract, the performance of this party's obligations will be for the other party's benefit and vice versa. Therefore, the regulation of the rights and obligations of insurance enterprises and insurance purchasers at the contract is not contrary to the principle of the Civil Code. At the meeting, Vice Chairman of the National Assembly Nguyen Duc Hai also evaluated High initiative, timely acquiring, explaining and completing the insurance business law project (amendments) on the basis of opinions of the National Assembly Standing Committee at the last 3 session. National Chairman Nguyen Duc Hai Association recognizes, this is a massive law project, with a great impact, related to social security, risk prevention and getting the attention of people and parliamentary delegates. Mr. Hai also stated that the view to thunderation was grasped when developing the law to develop the insurance market, creating capital for development and risk sharing, ensuring social security and safety; Creating a breakthrough for insurance enterprises, ensuring benefits for insurance participants, while mobilizing capital into the market, while An Dan. At the meeting, Minister of Finance Ho Duc Phiem clarified some internal The content that delegates comments and said, it will be studied to absorb to complete the draft. Literature related to the insurance contract, Mr. Phiem said that the draft detailed the contents of the contract. Vu Hong Thanh Economic Commission, on the basis of discussion opinions at the session, the Economic Commission will complete the official verification report to submit to the National Assembly at the next session. Change) will be submitted to the National Assembly for comments on the second session, opening on October 20, is expected to take effect from 1/7 / 2023.Kim Lan . Dịch vụ:
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