Circular 85/2024/TT-BTC amend Circular 69/2022/TT-BTC on insurance certificates, insurance agent certificates, insurance brokerage certificates and insurance auxiliary operations certificates

CIRCULAR

Amending and supplementing a number of articles of the Minister of Finance's Circular No. 69/2022/TT-BTC dated November 16, 2022, detailing regulations on insurance certificates, insurance agent certificates, insurance brokerage certificates and insurance auxiliary operations certificates

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Pursuant to the Law on Insurance Business dated June 16, 2022;

Pursuant to the Government’s Decree No. 14/2023/ND-CP dated April 20, 2023, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At proposal of the Director of the Insurance Supervisory Authority;

The Minister of Finance hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Finance's Circular No. 69/2022/TT-BTC dated November 16, 2022, detailing regulations on insurance certificates, insurance agent certificates, insurance brokerage certificates and insurance auxiliary operations certificates (hereinafter referred to as Circular No. 69/2022/TT-BTC).

Article 1. To amend and supplement a number of articles of Circular No. 69/2022/TT-BTC

1. To amend and supplement Article 3 as follows:

“Article 3. Organization of exams for insurance certificates, insurance agent certificates, insurance brokerage certificates, insurance auxiliary operations certificates; issuance, revocation, renewal and conversion insurance agent certificates

1. Procedures for registration of exams, result approval and remark of exams for insurance certificates, insurance agent certificates, insurance brokerage certificates, and insurance auxiliary operations certificates; procedures for issuance, revocation, renewal and conversion of insurance agent certificates shall be carried out through the Certificate Examination Management System accessible at the website https://vidi-e.mof.gov.vn (hereinafter referred to as the Certificate Examination Management System).

2. Exams for insurance certificates, insurance agent certificates, insurance brokerage certificates, and insurance auxiliary operations certificates shall be carried out in the form of multiple-choice exams on computers or on paper. In cases of computer-based exams, computers must be connected to the Certificate Examination Management System.

3. The Vietnam Insurance Development Institute (a public non-business unit under the Insurance Supervisory Authority) is the unit that organizes examinations for insurance certificates, insurance brokerage certificates and insurance auxiliary operations certificates, and organizes examinations, grants, revokes, renews, and converts insurance agent certificates in accordance with this Circular.”.

2. To amend and supplement the first paragraph of Article 4 as follows:

“Article 4. Insurance certificates

The insurance certificates specified at Point b, Clause 3; Point b, Clause 4, Article 81 and Clause 2, Article 138 of the Law on Insurance Business include the following types of certificates:”.

3. To amend and supplement a number of Clauses of Article 8 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Training institutions belonging to or directly under foreign insurance supervisory agencies; or training institutions assigned by foreign insurance supervisory agencies or prescribed by the laws of that country to conduct training and grant certificates in the insurance field;”.

b) To amend and supplement Article 4 as follows:

“4. Training institutions belonging to foreign insurance groups, foreign reinsurance groups, and foreign insurance brokerage groups. These training institutions must have the function of providing insurance training in accordance with the law where the groups are headquartered or where the insurance training institutions belonging to the groups are headquartered;”.

c) To amend and supplement Clause 5 as follows:

“5. Other international training organizations: The Australian and New Zealand Institute of Insurance and Finance (ANZIIF), Chartered Insurance Institute (CII), Insurance Institute of Canada (IIC), Institute of Risk Management (IRM), the Institutes Knowledge Group (the Institutes), Risk Management Institute of Australasia (RMIA), Chartered Institute of Loss Adjusters (CILA), Australasian Institute of Chartered Loss Adjusters (AICLA), Lloyd's Maritime Academy, Life Office Management Association (LOMA), Life Insurance Marketing and Research Association (LIMRA) and other international training institutions that are foreign insurance training institutions with training programs for insurance certificates, insurance brokerage certificates, insurance auxiliary operations certificates corresponding to the training programs for insurance certificates, insurance brokerage certificates, and insurance auxiliary operations certificates prescribed in this Circular.”.

4. To amend and supplement Article 12 as follows:

“Article 12. Organization of exams for insurance certificates, insurance brokerage certificates, insurance auxiliary operations certificates

1. Exams shall be held at concentrated exam venues as announced by the exam-organizing unit.

2. Before December 31 every year, the exam-organizing unit shall notify in detail the time and venues of exams for insurance certificates, insurance brokerage certificate, and insurance auxiliary operations certificates of the following year on the Certificate Examination Management System.”.

5. To amend and supplement Article 13 as follows:

“Article 13. Dossier, order and procedures for registration for exams for insurance certificates, insurance brokerage certificates and insurance auxiliary operations certificates

1. Candidates shall register and pay the fee for the exam through their training institutions or directly through the Certificate Examination Management System. Training institutions and candidates shall register for the exam through the Certification Exam Management System at least 10 days before the exam date.

2. An exam registration dossier must comprise: An exam registration form, made according to the form specified in Appendix No. 1a to this Circular.

3. 03 working days before the exam date, the exam-organizing unit shall notify the list of candidates on the Certificate Examination Management System (for candidates who have submitted their complete dossiers and fully paid exam fees).”.

6. To amend and supplement Article 15 as follows:

“Article 15. Approval and notification of exam results for insurance certificates, insurance brokerage certificates and insurance auxiliary operations certificates

The exam-organizing unit shall issue a decision approving the examination results for insurance certificates, insurance brokerage certificates and insurance auxiliary operations certificates, and notify the exam results to the candidates and training institutions (via the Certificate Examination Management System) within 05 working days from the exam date (for paper-based exams) or 03 working days from the exam date (for computer-based exams).”.

7. To amend and supplement Clause 1 Article 16 as follow:

“1. Based on decisions approving the exam results, domestic insurance training institutions shall issue insurance certificates, insurance brokerage certificates and insurance auxiliary operations certificates for candidates passing the exam for which they have registered through the training institutions. The exam-organizing unit shall grant insurance certificates, insurance brokerage certificates and insurance auxiliary operations certificates to candidates passing the exam directly through the Certificate Examination Management System.”.

8. To amend and supplement Article 17 as follows:

“Article 17. Remark and processing of remark results of exams for insurance certificates, insurance brokerage certificates, and insurance auxiliary operations certificates

1. The remark only applies to paper-based exams. Within 20 days from the date the exam-organizing unit approves the exam results, the candidate shall submit an application for exam remark to the training institution for the latter to submit to the exam-organizing unit (via the Certificate Examination Management System), or submit an application for exam remark directly via the Certificate Examination Management System (for candidates who directly register for the examination on the Certificate Examination Management System). The application form for exam remark is specified in Appendices 5 and 5a to this Circular.

2. Within 05 working days from the date of receiving the application form for exam remark, the exam-organizing unit shall remark the exam and publish the remark results on the Certificate Examination Management System.

3. Based on the remark results, the exam-organizing unit shall issue a decision to adjust the exam results (if any) and grant a certificate to the candidate passing the exam who has directly registered through the Certificate Examination Management System, or notify the training institution to grant the certificate as prescribed in Article 16 of this Circular.”.

9. To amend and supplement Clause 4 Article 18 as follow:

“4. Within 03 working days from the date of revocation or renewal of the certificate, the certificate-issuing unit shall notify the exam-organizing unit of the list of revoked or renewed insurance certificates, insurance brokerage certificates, and insurance auxiliary operations certificates in accordance with Clauses 1 and 2 of this Article; and publish the list of revoked certificates on its websites. Within 03 working days from the date of receiving the notice from the certificate-issuing unit, the exam-organizing unit shall publish information about the revoked certificates on the Certificate Examination Management System.”.

10. To amend and supplement Article 21 as follows:

“Article 21. Organization of exams for insurance agent certificates

1. Exam venues:

Exams for insurance agent certificates shall be held at the following venues:

a) Concentrated exam venues in provinces or cities as announced by the exam-organizing units;

b) Exam venues being the headquarters located in provincial-level administrative units of organizations conducting insurance agency activities and socio-political organizations that have cooperation agreements on insurance agency activities with insurance enterprises, foreign non-life insurance enterprises’ branches, mutual organizations providing micro-insurance.

2. In cases of exams held at the venues specified at Point b, Clause 1 of this Article, the examination shall be organized according to the following regulations:

a) Exams are held quarterly; no more than 01 exam with at least 70 candidates is held in 01 quarter in each province and city;

b) Insurance enterprises, foreign non-life insurance enterprises’ branches, mutual organizations providing micro-insurance must ensure material and technical facilities and arrange separate examination rooms to serve the organization of the examination. With regard to computer-based exams, computers must work properly and are connected to the Certificate Examination Management System, and the number of computers must be at least 25% of the number of candidates sitting in the exams.

3. Before October 31 every year, the exam-organizing unit shall notify the time and venues of organizing the exams at the concentrated exam venues specified at Point a, Clause 1 of this Article of the following year on the Certificate Examination Management System.”.

11. To amend and supplement Article 22 as follows:

“Article 22. Dossiers, order and procedures for registration of examination for insurance agent certificates

1. Registration for examination:

a) With regard to the exams held at the venues specified at Points a, Clause 1, Article 21 of this Circular: before the 25^th of every month, insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance shall make registration of the following month’s examination for insurance agent certificates via the Certificate Examination Management System. The exam-organizing unit shall announce the exam list no later than 02 working days before the end of the month;

b) With regard to the exams held at the venues specified at Points b, Clause 1, Article 21 of this Circular: at least 15 days before the end of the quarter, insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance shall make registration of the following quarter’s examination for insurance agent certificates through the Certificate Examination Management System. The exam-organizing unit shall announce the exam list no later than 10 days before the end of the quarter;

c) A dossier for examination registration must comprise: A registration form, made according to the form specified in Appendices No. 6a, 6b and 6c to this Circular.

2. With regard to the exams held at the venues specified at Point b, Clause 1, Article 21 of this Circular, in cases where insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance plan to change the exam information after the exam-organizing unit has made announcement (exam venues and time or exam cancellation), they must notify the exam-organizing unit (via the Certificate Examination Management System) at least 05 working day before the exam date.
 In case of failing to do so, the exam-organizing unit shall not hold exams at the venues specified at Point b, Clause 1, Article 21 of this Circular for a period of 01 quarter (for the first violation) or 02 quarters (in case of recidivism).

3. At least 01 working day before the exam date, insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance shall update the list of candidates registered to participate in the exams for insurance agent certificates according to each exam to the Certificate Examination Management System, using the form specified in Appendix 7 to this Circular.

4. Insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance must pay exam fees for candidates according to the list of candidates registered on the Certificate Examination Management System as prescribed in Clause 3 of this Article. In case of failing to make full payment of exam fees, insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance are not allowed to register for the following month’s examination for insurance agent certificates (for the exams held at the venues specified at Point a, Clause 1, Article 21 of this Circular) or for the next quarter’s examination for insurance agent certificates (for the exams held at the venues specified at Point b, Clause 1, Article 21 of this Circular).”.

12. To amend and supplement Article 24 as follows:

“Article 24. Approval and notification of exam results for insurance agent certificates

The exam-organizing unit shall approve the results of exam results for insurance agent certificates and notify insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance (via the Certificate Examination Management System) within 03 working days from the exam date for computer-based exams or 05 working days from the exam date for paper-based exams.”.

13. To amend and supplement Article 25 as follows:

“Article 25. Remark and processing of remark results of exams for insurance agent certificates

1. The remark only applies to paper-based exams. Within 20 days from the date the exam-organizing unit approves the exam results, the candidate shall submit an application for exam remark through an insurance enterprise, foreign non-life insurance enterprise’s branch or mutual organizations providing micro-insurance for the latter to submit to the exam-organizing unit (via the Certificate Examination Management System). The application form for exam remark is specified in Appendices 5 and 5a to this Circular.

2. Within 05 working days from the date of receiving the candidate's application form for exam remark, the exam-organizing unit shall remark the exam and publish the remark results on the Certificate Examination Management System.

3. Based on the remark results, the exam-organizing unit shall adjust the exam results (if any) and grant the insurance agent certificate in accordance with Article 26 of this Circular.”.

14. To amend and supplement Clause 1 Article 26 as follow:

“1. Within 03 working days from the date of approving the exam results, the exam-organizing unit shall grant insurance agent certificates to the candidates who pass the exam for insurance agent certificates.”.

15. To amend and supplement Article 27 as follows:

“Article 27. Revocation and renewal of insurance agent certificates

The exam-organizing unit shall revoke and renew insurance agent certificates in accordance with the following regulations:

1. Insurance agent certificates shall be revoked in the following cases:

a) Candidates modify, falsify or forge their personal papers (identity card/citizen’s identity card/passport) when taking the exams;

b) Individuals ask others to take the exams for them;

c) Insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance and individuals committed fraud in converting insurance agent certificates;

d) Insurance agent certificates are revoked at the request of competent state agencies in accordance with the law.

2. Insurance agent certificates shall be renewed in the cases specified in Clause 2, Article 18 of this Circular.

3. Within 03 working days from the date the exam-organizing unit has an evidence proving that the granted insurance agent certificate falls under one of the cases specified in Clauses 1 and 2 of this Article, the exam-organizing unit shall revoke and renew the granted certificate by removing information on the e-certificate (in case of certificate revocation) or correcting information on the e-certificate (in case of certificate renewal) on the Certificate Examination Management System.

4. Within 03 working days from the date of certificate revocation, the exam-organizing unit shall notify the list and information of revoked certificates specified in Clause 1 of this Article on the Certificate Examination Management System.

5. Individuals who have certificates revoked in the cases specified in Clause 1 of this Article are not allowed to participate in exams for insurance agent insurance certificates for the next 12 months from the date of certificate revocation.”.

16. To amend and supplement Article 29 as follows:

“Article 29. Dossier, order and procedures for conversion of insurance agent certificates

1. Before September 30, 2025, insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance shall send the conversion unit dossiers of request for conversion of insurance agent certificates granted before January 1, 2023 into the insurance agent certificates specified in this Circular for insurance agents operating at the insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance.

2. A dossier of request for conversion of the insurance agent certificate specified in Clause 1 of this Article must comprise:

a) A written request for conversion of the certificate (enclosed with a list of insurance agents having certificates requested for conversion), made according to the form specified in Appendices 10a and 10b to this Circular;

b) A certified copy or an electronic copy with valid digital signature or a copy from the original book of the insurance agent certificate granted before January 1, 2023. A copy from the original book is a copy of the insurance agent certificate from the original book certified by the legal representative and stamped by the insurance agent training institution that granted the insurance agent certificate;

c) A certified copy of the insurance agent's valid identity card/citizen’s identity card/Passport. In case where the Ministry of Finance’s information system for handling administrative procedures has completed the connection, sharing and authentication of citizen information with the national population database, the conversion unit shall exploit such information in the national population database in accordance with the law.

3. Within 15 days from the date of receiving a dossier of request for certificate conversion, if the dossier is incomplete and invalid, the conversion unit shall send a written request to the insurance agent training institution for completing the dossier.

Within 90 days from the date of receiving a complete and valid dossier, the conversion unit shall convert the certificate granted before January 1, 2023, into the certificate specified in this Circular. The form of converted insurance agent certificates shall comply with the provisions provided in Appendix 9 to this Circular.”.

17. To amend and supplement Article 30 as follows:

“Article 30. Responsibility of the Insurance Supervisory Authority

1. To develop a system of exam questions for insurance certificates, insurance agent certificates, insurance brokerage certificates and insurance auxiliary operations certificates in accordance with the training contents for each type of certificate specified in this Circular (excluding content on skills and practice, and service implementation processes).

2. To manage and supervise the organization of examination, grant, revocation, and renewal of insurance certificates, insurance agent certificates, insurance brokerage certificates, insurance auxiliary operations certificates, and the conversion of insurance agent certificates.”.

18. To add Article 30a after Article 30 as follows:

“Article 30a. Responsibility of Vietnam Insurance Development Institute

1. To promulgate Regulations on exams for insurance certificates, insurance agent certificates, insurance brokerage certificates and insurance auxiliary operations certificates.

2. To notify the exam time, venues and list of exams to domestic insurance training institutions, insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance.

3. To prepare exam questions, organize examination, approve and announce exam results for insurance certificates, insurance agent certificates, insurance brokerage certificates and insurance auxiliary operations certificates.

4. To organize the remark of exam results for insurance certificates, insurance agent certificates, insurance brokerage certificates, and insurance auxiliary operations certificates for paper-based exams.

5. To grant insurance certificates, insurance brokerage certificates, and insurance auxiliary operations certificates to candidates who pass the exams registered directly through the Certificate Examination Management System; to grant, revoke and renew insurance agent certificates; to convert insurance agent certificates granted before January 1, 2023, into insurance agent certificates specified in this Circular.

6. To announce the list of individuals having their insurance certificates, insurance agent certificates, insurance brokerage certificates or insurance auxiliary operations certificates revoked on the Certificate Examination Management System.

7. To develop, manage, administer, operate, maintain, and upgrade the Certificate Examination Management System.

8. To collect, manage, and use examination fees for insurance certificates, insurance agent certificates, insurance brokerage certificates, and insurance auxiliary operations certificates in accordance with the law, for public non-business units.”.

19. To amend and supplement Article 31 as follows:

“Article 31. Responsibility of insurance enterprises, foreign non-life insurance enterprises’ branches, and mutual organizations providing micro-insurance

1. To provide training for insurance agents according to the contents specified in Article 20 of this Circular.

2. To register for the exams, update the list of candidates, and pay the exam fees for insurance agent certificates in accordance with Article 22 of this Circular.”.

20. To amend and supplement a number of clauses of Article 32 as follows:

a) To amend and supplement Clause 2 as follow:

“2. To register the list of candidates, and pay the exam fees through the training institutions according to the announcement of the exam-organizing unit.”.

b) To amend and supplement Article 4 as follows:

“4. To announce the list of individuals having insurance certificates, insurance brokerage certificates, and insurance auxiliary operations certificates granted, renewed and revoked by the training institution to the exam-organizing unit; to announce the list of individuals having insurance certificates, insurance brokerage certificates, and insurance auxiliary operations certificates revoked on the training institution's website.”.

Article 2. To supplement, replace and annul a number of provisions of Circular No. 69/2022/TT-BTC

1. To replace a number of phrases in the following articles, clauses and points:

a) To replace the phrase “insurance training institutions” with the phrase “insurance agent training institution” at Points a, b and c, Clause 2, Article 19 and Clauses 1, 2 and 3, Article 28;

b) To replace the phrase “citizen’s identity card/people’s identity card/passport” with the phrase “identity card/citizen’s identity card/passport” at Point a, Clause 3, Article 16; Point b, Clause 1 and Point c, Clause 2, Article 18l Clause 4, Article 26.

2. To add, replace and annul a number of appendices as follows:

a) To add Appendix No. 1a before Appendix No. 1; Appendix No. 5a after Appendix No. 5;

b) To replace Appendices No. 1, 2, 3, 4, 5, 6a, 6b, 6c, 7, 9, No. 10a and 10b with Appendices No. 1, 2, 3, 4, 5, 6a, 6b, 6c, 7, 9, 10a and 10b to this Circular;

c) To annul Appendix No. 8.

3. To annul Clause 3, Article 4.

Article 3. Effect

1. This Circular takes effect from January 15, 2025.

2. Any difficulty arising in the course of implementation should be reported to the Ministry of Finance for promptly handling./.

* All Appendices are not translated herein.