Circular 65/2019/TT-BTC training, examination, grant and recognition of insurance auxiliary certificates

CIRCULAR

Prescribing the contents of training, examination, grant and recognition of insurance auxiliary certificates

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Pursuant to the Law on Insurance Business No. 24/2000/QH10 dated December 09, 2000;

Pursuant to the Law on amending and supplementing a number of Articles of the Law on Insurance Business No. 61/2010/QH12 dated September 24, 2010;

Pursuant to the Law on amending and supplementing a number of Articles of the Law on Insurance Business and the Law on Intellectual Property No. 42/2019/QH14 dated June 14, 2019;

Pursuant to the Decree No. 73/2016/ND-CP dated July 01, 2016 of the Government on details of implementation of the Law on Insurance business and the Law on amendments to certain articles of the Law on Insurance business;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2019 defining functions, tasks, powers and organizational structure of Ministry of Finance;

At the request of the Director of the Insurance Supervisory Authority Department;

The Minister of Finance issues the Circular prescribing the contents of training, examination, grant and recognition of insurance auxiliary certificates.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular prescribes the contents of training, examination, grant and recognition of insurance auxiliary certificates for training institutions in Vietnam; and provides for the recognition of insurance auxiliary certificates issued by foreign training institutions.

2. This Circular shall not prescribe the regulations on the training, grant and recognition of insurance actuarial certificates.

Article 2. Subjects of application

Subjects of application of this Circular include:

1. The Insurance Supervisory Authority Department (the Ministry of Finance); the Insurance Research and Training Center (directly under the Insurance Supervisory Authority Department).

2. Training institutions legally established and run in Vietnam with functions of Insurance training (hereinafter referred to as training institutions).

3. Individuals who participate in exams for insurance auxiliary certificates (hereinafter referred to as candidates)

4. Individuals who possess insurance auxiliary certificates granted by foreign training institutions and are in need of certificate recognition in Vietnam.

5. Organizations and individuals involved in the training, exam organization, grant and recognition of insurance auxiliary certificates.

                                                 CHAPTER II                                                                    

CONTENTS OF TRAINING, EXAMINATION, GRANT AND RECOGNITION OF INSURANCE AUXILIARY CERTIFICATES GRANTED BY DOMESTIC TRAINING INSTITUTIONS

Article 3. Types of insurance auxiliary certificates

1. Types of insurance auxiliary certificates provided in this Circular include:

a) Insurance consultancy certificate.

b) Insurance risk assessment certificate.

c) Insurance loss assessment certificate.

d) Insurance claim settlement certificate.

2. Cerificates prescribed at Point a, b, d, Paragraph 1 of this Article shall be specified according to their professional practices of life insurance, non-life insurance and health insurance.

3. Certificates prescribed at Point c, Paragraph 1 of this Article shall be specified according to: Non-life insurance (except marine and aviation insurance); marine insurance; aviation insurance.

Article 4. Insurance auxiliary certificate training

1. Forms of training:

a) At training institutions.

b) Self-study.

2. Contents of training include:

a) General acknowledgment:

- Vietnam’s laws on insurance business;

- Basic principles of insurance.

b) Professional acknowledgment:

- For insurance consultancy certificate: Knowledge of eligible insurance beneficiaries; knowledge of insurance provisions and conditions; consultancy procedures on insurance programs, insurance products, insurance risk management and prevention.

- For insurance risk assessment certificate: Knowledge of eligible insurance beneficiaries; knowledge of risk management and risk assessment.

- For insurance loss assessment certificate: Knowledge of eligible insurance beneficiaries; knowledge of insurance provisions and conditions and insurance loss assessment procedures.

- For insurance claim settlement certificate: Knowledge of eligible insurance beneficiaries; knowledge of insurance provisions and conditions; and insurance claim settlement procedures.

Article 5. Examination

1. The Insurance Research and Training Center (hereinafter referred to as the Center) is in charge of organizing exams for insurance auxiliary certificates defined in Paragraph 1, Article 3 of this Circular.

2. Method and form of examination: predetermined

3. . Exams for insurance auxiliary ceritificates shall be organized monthly. By December 31 of every year, the Center must announce dates and places of exams organized in the coming year on its portal website.

Article 6. Enrollment procedure for insurance auxiliary certificates

1. Online enrollment on the Center’s portal website at https://irt.mof.gov.vn shall be made at least 10 days before the exam.

Training institutions must be responsible for enrollment procedures of their students. Free candidates shall directly register in the Center. The exam enrollment dossier is specified in Paragraph 2 of this Article.

2. Exam enrollment dossier include:

a) Candidate’s personal information;

b) Name of the exam for insurance auxiliary certificates;

c) Desired form of insurance auxiliary certificate;

d) Date and place of the enrolled exam;

dd) Other information related to the exam.

3. Exam fee:

Candidates shall incur exam fees. Exam fees must be informed by the Center. Candidates whose enrollment procedures are conducted by their training institutions shall pay for the exam fees through their training institutions, free candidates shall submit the exam fees directly to the Center.

4. 03 working days before the exam, the Center must publicize the list of candidates on its portal websites (only for candidates who complete the enrollment dossiers and exam fee).

Article 7. Multiple-choice questions

1. The test for insurance auxiliary certificates shall be formatted as multiple-choice questions. Each test shall include sessions of general knowledge and professional knowledge. The ratio of questions related to these two sections shall be 40%-60% respectively.

2. The test for insurance auxiliary certificates must be chosen from the Question Bank developed by the Insurance Supervisory Authority Department. Questions in the Question Bank shall be categorized according to types of insurance auxiliary certificates as specified in Article 3 of this Circular and according to the contents of training as specified in Paragraph 2, Article 4 of this Circular.

Article 8. Announcement of exam results

1. Based on the exam results, the Center must ratify results of the exam for insurance auxiliary certificates. Candidates who score 70% or above of the total test score shall pass the exam. The Center is responsible for issuing the Decision on exam result ratification according to the form specified in Appendix 1 of this Circular.

2. Within 05 working days from the exam completion day, exam results shall be announced on portal websites of the Insurance Supervisory Authority Department and the Center.

Article 9. Granting of insurance auxiliary certificates

1. Based on the Decision on exam result ratification of the Center:

a) Training institutions must grant insurance auxiliary certificates to candidates who are students of their institutions and pass the exam.

b) The Center shall grant insurance auxiliary certificates only to free candidates.

2. The granting of insurance auxiliary certificates must be conducted within 10 days from the day on which the Decision on exam result ratification takes effect.

3. The format of an insurance auxiliary certificate is defined in Appendix 2 of this Circular.

Article 10. Exam remark and handling of exam remark

1. Candidates have the right to apply for an inquiry on test results. Application forms for remark must follow the fornat specified in Appendix 3 of this Circular and be submitted to the Center within 20 days from the day on which exam results are announced in the Center’s portal websites.

2. The Center shall conduct the exam re-mark and issue a document in reply to the exam re-mark to candidates within 05 working days from the day on which the exam re-mark request is submitted.

3. Based on the re-mark results, the Center shall ratify the exam result adjustments (if any). Training institutions and the Center, then, shall conduct the granting of insurance auxiliary certificates as specified in Article 9 of this Circular or conduct the revocation of insurance auxiliary certificates as specified in Article 11 of this Circular.

Article 11. Revocation and re-granting of insurance auxiliary certificates

1. Training institutions and the Center must revoke or re-grant insurance auxiliary certificates they did grant in any of the cases specified in Clause 2 of this Article.

2. Cases of revoking and re-granting insurance auxiliary certificates:

a) Insurance auxiliary certificates shall be invalid and be revoked when:

- Individuals who receive certificates but did not attend the exam for insurance auxiliary certificates or did fail the exam organized by the Center according to provisions of this Circular.

- Individuals who receive certicates but did falsify information in the enrollment procedures specified in Point a, Clause 1, Article 6 of this Circular;

- Certificate receiver has another person taken part in the enrollment exam illegally;

- Individuals whose exam re-checked results are below the exam passing score as prescribed in this Circular;

- Individuals who let other people use his/her certificates.

b) Individuals whose insurance auxiliary certificates are revoked as defined at Point a, Clause 2 of this Article (except cases of revocation due to the exam re-checked result), shall not be eligible for attending any exams for insurance auxiliary certificates within 12 months, starting from the issuance date of the Decision to revoke his/her certificates.

c) Insurance auxiliary certificates shall be re-granted when any of the following personal information of candidates is mistaken:

- Family name/middle name/ lastname;

- Date of birth;

- Identity card number/ Passport numbers ;

- Date and place of issuance of Identity card/ Passport.

3. Competent facilities in charge of granting insurance auxiliary certificates must be responsible for revoking invalid certificates under the Decision on the revocation of insurance auxiliary certificates. The form of this Decision is specified in Appendix 4 of this Circular.

4. Within 10 days from the issuance date of the Decision, competent facilities in charge of granting certificates must announce a list of invalid and revoked insurance auxiliary certificates on its portal website and inform the Center of this list. Information on invalid and revoked insurance auxiliary certificates shall be made public on portal websites of the Center and the Insurance Supervisory Authority.

CHAPTER III

RECOGNITION OF INSURANCE AUXILIARY CERTIFICATES GRANTED BY FOREIGN TRAINING INSTITUTIONS

Article 12. Principles for the recognition of insurance auxiliary certificates granted by foreign institutions

Individuals whose insurance auxiliary certificates granted by foreign training institutions need to be recognized in Vietnam must fully meet the following provisions:

1. Possessing insurance auxiliary certificates:

a) Certificates granted by training institutions to recognize individuals who have passed exams organized by foreign insurance supervisory authorities or by State-run agencies set to conduct certification exams; or

b) Insurance auxiliary certificates granted by foreign training institutions, including: Australian and New Zealand Institute of Insurance and Finance (ANZIIF), Chartered Insurance Institute (CII), The 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 Marinetime Academy; or

c) Certificates granted by training institutions in countries that have established agreements on the mutual recognition of insurance auxiliary certificates with Vietnam.

2. The contents of training of insurance auxiliary certificates of foreign training institutions must be on par with each type of insurance auxiliary certificates recognized in Vietnam.

3. Dossiers of application for the recognition of insurance auxiliary certificates are specified in Clause 2, Article 13 of this Circular.

Article 13. Procedures for recognition of insurance auxiliary certificates granted by foreign institutions

1. Individuals whose insurance auxiliary certificates granted by foreign training institutions need to be recognized in Vietnam must submit a dossier of application for the recognition of insurance auxiliary certificates to Ministry of Finance (The Insurance Supervisory Authority) as precribed in Clause 2 of this Article.

2. A dossier of application for the recognition of insurance auxiliary certificates must include:

a) An application form for the recognition of insurance auxiliary certificates granted by foreign institutions according to the form provided in Appendix 5 of this Circular;

b) 01 notarized translation into Vietnamese of the proposed certificate for recognition.

c) The foreign training institution‘s training content or a list of subjects taught in the training program for insurance auxiliary certificates;

d) Evidence indicating that the individual has passed the exam for insurance auxiliary certificates organized by foreign insurance supervisory authorities or by State-run agencies set to conduct certification exams (for certificates defined in Point a, Paragraph 1, Article 12 of this Circular); organized by international insurance training institutions as stated in Point b, Paragraph 1, Article 12 of this Circular (for certificates specified in Point b, Paragraph 1, Article 12 of this Circular); organized by training institutions in countries that have established agreements on the mutual recognition of insurance auxiliary certificates with Vietnam;

dd) A notarized copy of Citizen Identity Card/ Passport of the individual whose insurance auxiliary certificate granted by foreign training institutions needs to be recognized.

3. Within 14 days from the day on which a full dossier, as specified in Clause 2 of this Article, is received, the Insurance Supervisory Authority must issue a document in recognition of insurance auxiliary certificates granted by foreign training institutions according to the provided form in Appendix 6 of this Circular. In cases of rejection, the Insurance Supervisory Authority Department must issue a document with clealy-stated reasons for this rejection. The list of individuals whose insurance auxiliary certificates granted by foreign training institutions are recognized in Vietnam shall be made public on portal websites of the Insurance Supervisory Authority Department and the Center.

CHAPTER IV

IMPLEMENTATION PROVISIONS

Điều 14. Responsibilities of the Insurance Supervisory Department        

1. Issuing the Regulations for exams for insurance auxiliary certificates.

2. Developing a Question Bank for exams for insurance auxiliary certificates as prescribed in this Circular.

3. Inspecting and supervising the exam organization, the granting and revocation of insurance auxiliary certificates.

4. Recognizing insurance auxiliary certificates granted by foreign institutions and announcing lists of individuals whose insurance auxiliary certificates granted by foreign training institutions are recognized in Vietnam on its portal website.

5. Maintaining records of dossiers for the recognition of insurance auxiliary certificates under legal provisions of archives.

Article 15. Responsibilities of Insurance Research and Training Center

1. Announcing the date and place of their exams, lists of candidates, exam results, and lists of candidates whose insurance auxiliary certificates are invalid and revoked on the portal website of the Center.

2. Conducting exam creation and ratification of results of exams for insurance auxiliary certificates.

3. Organizing exam re-mark in exams for insurance auxiliary certificates.

4. Granting and revoking insurance auxiliary certificates for independent candidates.

5. Maintaining records of the exam organization, granting and revocation of insurance auxiliary certificates within the Center’s authority under legal provisions of archives.

Article 16. Responsibilities of training institutions

1. Conduct the certification training for insurance auxiliary services according to provisions in Article 4 of this Circular.

2. Conducting enrollment procedures for candidates who are students of their institutions.

3. Granting, re-granting and revoking insurance auxiliary certificates.

4. Announcing lists of individuals whose insurance auxiliary services are invalid and revoked on their portal websites.

5. Complying with regulations on the training, examination, granting, re-granting and revocation of insurance auxiliary certificates as prescribed in this Circular.

6. Maintaining records of the granting, re-granting and revocation of insurance auxiliary certificates within their authority under legal provisions of archives.

Article 17. Responsibilities of candidates, exam invigilators and examiners

1. Responsibilities of candidates

a) Taking responsibility for the completeness, truthfulness and accuracy of the information in the enrollment dossiers;

b) Incurring fees for exams for insurance auxiliary certificates;

c) Complying with Regulations for exams for insurance auxiliary certificates.

2. Responsibilities of exam invigilators and examiners: Complying with Regulations for exams for insurance auxiliary certificates

Article 18. Implementation effect

1. This Circular takes effect from November 01, 2019.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for consideration and settlement./.

For the Minister of Finance

The Deputy Minister

Huynh Quang Hai