The State Council Legislative Affairs Office comments on the Agricultural Insurance Ordinance (Full Text)
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WASHINGTON, May 8 According to the news website of the State Council Legislative Affairs Office, recently, the China Insurance Regulatory Commission drafted the Agricultural Insurance Act (draft) “and published in full consultation with the community. Draft regulations, agricultural insurance, the implementation of government guidance, policy support, market operation, voluntarism, and collaboration to the principles.
draft
Chapter I General Provisions as follows:
Agricultural Insurance Act (draft)
Article II of this Ordinance, the term “agricultural insurance is the insurance company in the agricultural insurance contract, the insured person in the agricultural production process has been agreed due to the subject matter insured natural disasters, accidents, epidemics or disease The accident caused property damage bear the compensation for the insurance liabilities of the insurance activities.
The term agriculture, refers to the farming, forestry, animal husbandry and fisheries industry.
third countries to support the development of agricultural insurance business. Practiced in agricultural insurance and government guidance, policy support, market operation, voluntarism, and collaboration to the principles.
the provinces, autonomous regions and municipalities exploring the realities of this region’s agricultural insurance business model.
under the State Council to establish by the National Development and Reform Commission, Ministry of Civil Affairs, the tax department of the State Council, the water conservancy department of the State Council, the State Council administrative department of agriculture, forestry administration of the State Council department in charge of the meteorological department of the State Council and the State insurance supervision and administration institutions agricultural insurance sector to participate in coordination mechanisms, guidance and coordination of the national agricultural insurance work.
Ministry of Civil Affairs to participate in organizing agricultural insurance disaster prevention and mitigation, disaster relief work.
the tax department of the State Council to develop agricultural insurance and taxation policy to support the development of agricultural insurance, financial management and accounting system.
water conservancy department of the State Council, the meteorological department to participate in agricultural risk and disaster prevention and mitigation work.
the department of agriculture, forestry administrative department in charge of the development needs of the agricultural insurance, participation in agricultural risk research, disaster prevention and mitigation work.
State insurance regulatory authority to supervise and administer the agricultural insurance business, to participate in the organization of agricultural risk research.
fifth above the county level, local people’s governments unified leadership, organizing, coordinating the development of the management of the administrative district of agricultural insurance, establish a sound to promote the development of agricultural insurance mechanism.
local people’s governments above the county level in accordance with the regulations and prescribed by the State Council to determine the level of department of civil affairs, taxation, agriculture, forestry and other management responsibilities. All relevant departments should strengthen communication, close coordination, do promote the management of agricultural insurance in accordance with their respective division of responsibilities in accordance with the law in their respective administrative areas.
local people’s governments at all levels should increase the propaganda of the agricultural insurance, improve agricultural production and operation of insurance awareness, organizing and guiding agricultural production and management to actively participate in agricultural insurance.
Sixth People’s Government, insurance companies, agricultural production organizations at all levels, institutions and individuals shall participate in the agricultural insurance activities.
The term organization of agricultural production, refers to the rural collective economic organizations, farmers’ production and specialized cooperative economic organizations and other organizations engaged in agricultural production.
the second chapter of the policy support
Article 7 countries meet the conditions of agricultural insurance implementation of the financial premium subsidy policy, the specific measures of financial and insurance premium subsidies enacted by the State Council financial departments.
Article 8 of agricultural insurance in accordance with the law of the state’s tax incentives. A specific approach to tax incentives enacted by the State Council financial, tax authorities.
Article IX to encourage local people’s governments to take the premium subsidy, operating expenses subsidies and reinsurance fees subsidies and other forms of support the development of agricultural insurance.
the Articleencourage the organization of agricultural production through the promotion, organization, assistance and a variety of ways to participate in agricultural insurance premium subsidies.
Article 11 The state financial support of the agricultural insurance a major natural disaster risk spreading mechanism, specific management measures established by the financial department of the State Council jointly with relevant departments.
encourage the provinces, autonomous regions and municipalities directly under the Central Government according to local conditions, to explore the establishment of local financial support agricultural insurance disaster risk diversification mechanism.
Article 12 The State establishes the land resources, agricultural meteorology, agricultural production of basic information, disaster prevention and reduction of agricultural insurance related information sharing mechanism, strengthen the agricultural risk basic research.
Article 13 Local people’s governments shall support the insurance companies to establish basic services need to adapt to the development of agricultural insurance business network system.
Article 14 to encourage financial institutions to insurance agricultural insurance agricultural production organizations and individuals to increase credit support.
the thirdagricultural insurance contract
the fifteenth
agricultural insurance contracts entered into, the insured and the insured should be the same person.
agricultural insurance contracts the insurer in the conclusion of the contract and insurance accident occurs, it should be the subject matter insured having an insurable interest.
agricultural insurance contracts transfer of the subject matter insured, the assignee of the subject matter insured inherited the rights and obligations of the insurer, the insured or the assignee shall promptly notify the insurance company.
Article 16organization of agricultural production, village committees and other units, collective organization farmers to purchase agricultural insurance, the insurance company shall be entered into the agricultural insurance contract to develop a list of households insured, detailing the insured insurance information by the insured to sign it.
insurance company of agricultural insurance contracts entered into in accordance with the provisions of the preceding paragraph shall take appropriate way to underwriting the situation for publicity.
the seventeenthany unit or individual shall not use their administrative power in the agricultural insurance activities, duties or professional convenience as well as other illicit means to force, induce or restrict the insured to the insurance contract.
Article 18 The validity period of the agricultural insurance contracts, the parties to a contract may not change to increase or reduce insurance premiums, due to the degree of risk of the subject matter insured shall not terminate the agricultural insurance contracts.
Article 19 insurance companies can take a sampling method approved by the degree of the subject matter insured losses. The sampling approach should be taken to comply with the requirements and standards of the agricultural sector.
need to take other special means of approved losses, it should be agreed in the insurance contract.
Article 20 The state laws and regulations damaged the subject of processing of agricultural insurance expressly provided, shall be processed. Claims, shall obtain evidence of damage to the subject of processing or other supporting materials.
insurance company may not claim the damage to the residue value of the subject matter insured, the insurance contract, except as otherwise agreed.
Article 21 An insurance company shall, within ten days to reach a compensation agreement with the insured person, the agricultural insurance claims paid to the insured. Agricultural insurance contracts agreed upon compensation insurance benefits, the insurance company shall, in accordance with the contract to fulfill the obligation to compensate the insurance money.
organize farmers collective insured, claims the list should be confirmed by the signature of the insured, and take the appropriate way to be publicized.
Article 22 Any unit or individual may illegally interfere with the insurance company paid the agricultural insurance indemnity obligations, shall not be restricted by the insurer to obtain the right to compensation by the agricultural insurance.
Chapter business rules
Article 23 insurance companies operating agricultural insurance business, shall be approved by the insurance regulatory authority of the State Council. Without approval, no unit or individual shall not engage in agricultural insurance business.
insurance companies operating agricultural insurance business management approach developed by the insurance regulatory authority of the State Council.
Article 24 of the insurance company engaged in agricultural insurance business autonomy and self-financing principle.
insurance companies to operate agricultural insurance business, and other insurance business should be managed separately, a separate accounting profit or loss.
Article 25 The insurance company should be fair and rational development of agricultural insurance clauses and premium rates shall be without prejudice to the insured, the insured person’s legitimate rights and interests.
agricultural insurance clauses and premium rates shall be reported to the insurance regulatory authority of the State Council for approval or filing.
any unit or individual may illegally interfere with agricultural insurance clauses and premium rates of the formulation.
Article 26 insurance companies operating agricultural insurance business, reserve valuation and solvency reports prepared need to take special principles and methods, shall comply with the provisions of the insurance regulatory authority of the State Council.
agricultural insurance business financial management and accounting, you need to take special principles and methods, from the financial department of the State Council shall formulate specific measures.
Article 27 of the insurance company can be entrusted to agricultural economics, agricultural technology, farm machinery, and township-level and township level and below primary agriculture-related agencies to assist in the agricultural insurance business.
insurance company shall, with primary agriculture-related agencies to assist with agricultural insurance business entered into a written contract, the definition of the rights and obligations, and the payment of the costs associated with the contract.
insurance company shall strengthen the guidance of the primary agriculture-related agencies to help handle the business of agricultural insurance business, to develop the legal, scientific and effective business management system.
Article 28 The agricultural insurance survey to assess the damage of the original claims files necessary materials, insurance companies should be properly preserved.
No unit or individual altered, falsified, concealed or illegal destruction of the raw data that survey to assess the damage.
Article 29 Any unit or individual shall misappropriate, withholding, occupation agricultural insurance claims.
Article 30 prohibits financial premium subsidies for agricultural insurance fraud in the following manner:
(a) fictitious or inflated the subject matter insured, or a number of insured in the same subject matter insured;
(b) the taking of funds by false claims, or interception, misappropriation of insurance money to write off insured premiums payable or related financial premium subsidies;
(c) is based on fictitious intermediary business, falsifying cost way to obtain funds or misappropriation of normal operating expenses written off insured premiums payable or financial premium subsidies;
(d) taking of a false surrender, etc. capital write-off policyholder premium payable or related financial premium subsidies;
(5) otherwise defrauding a financial premium subsidies.
Chapter V Penalty Provisions Article 31 insurance companies in
unauthorized operation of agricultural insurance business by the insurance regulatory authority shall order rectification, confiscate the illegal income and impose illegal income a fine of one times more than five times; no illegal proceeds or the illegal income is less than 10 million yuan, 100,000 yuan but not more than 50 million fine; it fails to do or cause serious consequences, shall be ordered to suspend business for rectification or revoke the license of insurance business .
Article 32 insurance company other than the other organizations and individuals without insurance regulatory authority approval, illegally engaged in agricultural insurance business to be banned by the insurance regulatory authority, confiscate the illegal income and impose illegal income 1 times more than five times the penalty; no illegal proceeds or the illegal income is less than 200,000 yuan, 200,000 yuan at more than one million yuan shall be imposed.
Article 33 insurance companies engaged in agricultural insurance business, one of the following acts by the insurance supervision and administration shall be ordered warning, a fine of not less than 10 million yuan to 500,000 yuan shall be imposed; plot serious, and can limit the scope of business shall be ordered to stop accepting new business or revoke the license of insurance business:
(a) the preparation of false reports, statements, documents and information;
(b) refuse or obstruct the supervision and inspection in accordance with the law.
Article 34 insurance companies operating agricultural insurance business, in violation of the provisions of this Ordinance, one of the following acts by the insurance regulatory authority shall order rectification and distinguish between different situations give a warning, a fine of not less than 50,000 yuan or more a fine of 300,000 yuan; in serious cases, can limit the scope of business shall be ordered to stop accepting new business or revoke the license of insurance business:
(a) are not managed separately in accordance with the provisions of the agricultural insurance business accounted for separately. profit or loss;
(b) to carry out agricultural insurance business to other organizations or individuals seek illegitimate interests;
(c) in accordance with the provisions for approval or filing of the terms of the agricultural insurance and premium rate.
Article 35 insurance companies in violation of the provisions of Article 29 of this Ordinance, be ordered to correct by the insurance regulatory authority, more than 10,000 yuan to 100,000 yuan shall be imposed.
Article 36 insurance companies in violation of the provisions of this Ordinance, the insurance regulatory authority to be punished in accordance with the provisions of this Ordinance, the company, its executives directly responsible and other directly responsible personnel be given a warning, a fine of more than $ 20,000 10 million fine; in serious cases, revocation of qualifications or qualifications.
Article 37 violation of the provisions of Article 30 of this Ordinance, a variety of ways to cheat the financial premium subsidy shall be punished by the financial departments.
Article 38 insurance company other than the other organizations and individuals involved in agricultural insurance, and other unlawful acts in violation of the provisions of this Ordinance, the relevant departments under the relevant provisions of the order rectification and punishment.
Article 39 violation of these regulations constitutes a crime shall be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
Article 40 insurance companies operating agriculture-related insurance business, reference to the application of this Ordinance.
agriculture-related insurance is the addition to the agricultural insurance, the state should give policy support to provide farmers with insurance insurance, including the farm house, farm machinery and other property insurance, involving the farmers’ lives and physical aspects of short-term accident insurance and short-term health insurance.
under the State Council shall insurance regulatory authority approved the establishment of other insurance organizations, and operation of agricultural insurance business, the application of this Ordinance.
before the enforcement of this Ordinance, the insurance company has been in operation for agricultural insurance business other than insurance organization to the effective date of this Ordinance within 2 years, in line with the State Council, the insurance regulatory authority under the conditions, may continue to operate agricultural insurance business.
Article 42 The operation of agricultural insurance business, this Ordinance is not provided for the specification of agricultural insurance contracts with reference to the application of the relevant provisions of the Insurance Law of the People’s Republic of China “in the insurance contract for agricultural insurance business supervision and management for the Insurance Law of the People’s Republic of China.
Article 43 of this Ordinance shall enter into force as of date.
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