Circular No. 89/2020/TT-BTC amending Circular 50/2017/TT-BTC guiding insurance business

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Circular No. 89/2020/TT-BTC dated November 11, 2020 of the Ministry of Finance on amending and supplementing a number of articles of Circular No. 50/2017/TT-BTC dated May 15, 2017 guiding Decree No. 73/2016/ND-CP detailing the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business; Circular No. 105/2016/TT-BTC dated June 29, 2016 guiding offshore indirect investment activities of securities trading institutions, securities investment funds, securities investment companies and insurance businesses; Circular No. 195/2014/TT-BTC dated December 17, 2014 guiding the assessment and classification of insurance businesses; Circular No. 115/2014/TT-BTC dated August 20, 2014 guiding insurance policy specified in Decree No. 67/2014/ND-CP on fisheries development policies and repealing Circular No. 116/2014/TT-BTC dated August 20, 2014 on guiding financial issues for insurance businesses and Circular No. 43/2016/TT-BTC dated March 03, 2016
Issuing body: Ministry of FinanceEffective date:
Known

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Official number:89/2020/TT-BTCSigner:Huynh Quang Hai
Type:CircularExpiry date:Updating
Issuing date:11/11/2020Effect status:
Known

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Fields:Agriculture - Forestry , Enterprise , Finance - Banking , Insurance , Policy

SUMMARY

Health insurance contracts: Agents may be rewarded up to 100% of commissions

On November 11, 2020, the Ministry of Finance issues the Circular No. 89/2020/TT-BTC on amending and supplementing a number of articles of the Circular No.  50/2017/TT-BTC dated May 15, 2017, the Circular No. 105/2016/TT-BTC dated June 29, 2016, the Circular No. 195/2014/TT-BTC dated December 17, 2014, the Circular No. 115/2014/TT-BTC dated August 20, 2014 and repealing the Circular No. 116/2014/TT-BTC dated August 20, 2014 and the Circular No. 43/2016/TT-BTC dated March 03, 2016 on amending Article 5 of the Circular No. 116/2014/TT-BTC.

According to new provisions, non-life insurance businesses and foreign branches shall spend a maximum amount of 50% of insurance commission of insurance contracts exploited in the fiscal year on agent commendation and agent financial aid. For health insurance operations, a maximum amount of 100% of insurance commission of health insurance contracts exploited in the fiscal year shall be spent on agent commendation and agent financial aid.

With regards to revenues from the provision of insurance auxiliary services, insurance businesses, foreign branches and insurance brokerage businesses shall account into their revenue after finishing the service provision or after completing each part of the service provision, regardless such money amount has been paid or not.

Besides, the Circular also amends provisions on the reporting regimes for insurance businesses as prescribed in the Circular No. 105/2016/TT-BTC, the Circular No. 195/2014/TT-BTC and the Circular No. 115/2014/TT-BTC, etc.

This Circular takes effect on December 26, 2020.

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Effect status: Known

THE MINISTRY OF FINANCE
________

No. 89/2020/TT-BTC

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
_______________________

Hanoi, November 11, 2020

 


CIRCULAR

On amending and supplementing a number of articles of the Ministry of Finance’s Circular No.  50/2017/TT-BTC dated May 15, 2017 on guiding the Government’s Decree No. 73/2016/ND-CP dated July 01, 2016, detailing the implementation of the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business, the Ministry of Finance’s Circular No. 105/2016/TT-BTC dated June 29, 2016 guiding offshore indirect investment activities of securities trading institutions, securities investment funds, securities investment companies and insurance businesses, the Ministry of Finance’s Circular No. 195/2014/TT-BTC dated December 17, 2014 on guiding the assessment and classification of insurance businesses, the Ministry of Finance’s Circular No. 115/2014/TT-BTC dated August 20, 2014 on guiding the implementation of insurance policy specified in the Government’s Decree No. 67/2014/ND-CP dated July 07, 2014 on a number of fisheries development policies and repealing the Ministry of Finance’s Circular No. 116/2014/TT-BTC dated August 20, 2014 on guiding a number of financial issues for insurance businesses carrying out insurance activities under the Government’s Decree No. 67/2014/ND-CP dated July 07, 2014 on a number of fisheries development policies and the Ministry of Finance’s Circular No. 43/2016/TT-BTC dated March 03, 2016 on amending Article 5 of the Ministry of Finance’s Circular No. 116/2014/TT-BTC dated August 20, 2014 on guiding a number of financial issues for insurance businesses carrying out insurance activities under the Government’s Decree No. 67/2014/ND-CP dated July 07, 2014 on a number of fisheries development policies

____________

 

Pursuant to the Law on Insurance Business dated December 09, 2000;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business dated November 24, 2010;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019;

Pursuant to the Government’s Decree No. 73/2016/ND-CP dated July 01, 2016, detailing the implementation of the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business;

Pursuant to the Government’s Decree No. 80/2019/ND-CP dated November 01, 2019, amending and supplementing a number of articles of the Government’s Decree No. 73/2016/ND-CP of July 01, 2016, detailing the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business, and the Government’s Decree No. 98/2013/ND-CP of August 28, 2013, on sanctioning of administrative violations in insurance business and lottery business, which had a number of articles amended and supplemented under the Government’s Decree No. 48/2018/ND-CP of March 21, 2018;

Pursuant to the Government's Decree No. 09/2019/ND-CP dated January 24, 2019, prescribing reporting regimes applicable to state administrative agencies;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017, on 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 on amending and supplementing a number of articles of the Ministry of Finance’s Circular No.  50/2017/TT-BTC dated May 15, 2017 on guiding the Government's Decree No. 73/2016/ND-CP dated July 01, 2016, detailing the implementation of the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business, the Ministry of Finance’s Circular No. 105/2016/TT-BTC dated June 29, 2016 guiding offshore indirect investment activities of securities trading institutions, securities investment funds, securities investment companies and insurance businesses, the Ministry of Finance’s Circular No. 195/2014/TT-BTC dated December 17, 2014 on guiding the assessment and classification of insurance businesses, the Ministry of Finance’s Circular No. 115/2014/TT-BTC dated August 20, 2014 on guiding the implementation of insurance policy specified in the Government’s Decree No. 67/2014/ND-CP dated July 07, 2014 on a number of fisheries development policies, repealing the Ministry of Finance’s Circular No. 116/2014/TT-BTC dated August 20, 2014 on guiding a number of financial issues for insurance businesses carrying out insurance activities under the Government’s Decree No. 67/2014/ND-CP dated July 07, 2014 on a number of fisheries development policies and the Ministry of Finance’s Circular No. 43/2016/TT-BTC dated March 03, 2016 on amending Article 5 of the Ministry of Finance’s Circular No. 116/2014/TT-BTC dated August 20, 2014 on guiding a number of financial issues for insurance businesses carrying out insurance activities under the Government’s Decree No. 67/2014/ND-CP dated July 07, 2014 on a number of fisheries development policies.

 

Article 1. To amend and supplement the Ministry of Finance’s Circular No.  50/2017/TT-BTC dated May 15, 2017 on guiding the Government's Decree No. 73/2016/ND-CP dated July 01, 2016, detailing the implementation of the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business:

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Circular guides the implementation of the Government's Decree No. 73/2016/ND-CP dated July 01, 2016, detailing the implementation of the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business (hereinafter referred to as the Decree No. 73/2016/ND-CP) and the Government’s Decree No. 80/2019/ND-CP dated November 01, 2019, amending and supplementing a number of articles of the Government’s Decree No. 73/2016/ND-CP of July 01, 2016, detailing the Law on Insurance Business and the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business, and the Government’s Decree No. 98/2013/ND-CP of August 28, 2013, on sanctioning of administrative violations in insurance business and lottery business, which had a number of articles amended and supplemented under the Government’s Decree No. 48/2018/ND-CP of March 21, 2018, including operations of insurance businesses, branches of foreign non-life insurance businesses; insurance brokerage businesses; insurance agents and training insurance agents; regimes of reporting and information disclosure of insurance businesses, branches of foreign non-life insurance businesses; insurance brokerage businesses, organizations and individuals providing insurance auxiliary service, representative offices and forms; establishment and operation of the Solvency Control Board”. 

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