Thông tư 65/2019/TT-BTC quy định về nội dung đào tạo, thi, cấp chứng chỉ về phụ trợ bảo hiểm do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

ON TRAINING CONTENT, EXAMINATION, GRANT AND RECOGNITION OF CERTIFICATES

Pursuant to the Law on Insurance Business No. 24/2000/QH10 dated December 9, 2000;

Pursuant to Law on amendments to the Law on Insurance Business No. 61/2010/QH12 dated November 24, 2010;

Pursuant to Law on amendments to the Law on Insurance Business and the Law on Intellectual Property 42/2019/QH14 dated June 14, 2019;

Pursuant to Government’s Decree No. 73/2016/ND-CP dated July 1, 2016 on guidelines for the Law on Insurance Business and Law on amendments to the Law on Insurance Business;

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

At the request of Director of the Department of Insurance Management and Supervision,

The Minister of Finance promulgates a Circular on training content, examination, grant and recognition of certificates.

Chapter I:

GENERAL PROVISIONS

Article 1. Scope

1. This Circular sets forth training content, examination, and grant of certificates of eligibility for insurance auxiliary service (hereinafter referred to as certificates) applicable to domestic training institutions; recognition of certificates granted by foreign training institutions.

2. This Circular does not apply to training, examination, grant and recognition of actuary certificates.

Article 2. Regulated entities

Regulated entities in this Circular:

1. Department of Insurance Management and Supervision affiliated to the Ministry of Finance; the Insurance Research and Training Center affiliated to the Department of Insurance Management and Supervision (hereinafter referred to as IRT).

2. Training institutions incorporated and lawfully operating in Vietnam providing training in insurance (hereinafter referred to as training institutions).

3. Individuals taking examination to obtain certificates (hereinafter referred to as examinees).

4. Individuals obtaining certificates granted by foreign training institutions seeking for recognition in Vietnam.

5. Entities relevant to training, examination administration, grant, and recognition of certificates.

Chapter II

TRAINING CONTENT, EXAMINATION, GRANT OF CERTIFICATES APPLICABLE TO DOMESTIC TRAINING INSTITUTIONS

Article 3. Types of certificates

1. For the purpose of this Circular, certificates consist of:

a) Insurance consultant certificate.

b) Insurance underwriter certificate.

c) Insurance surveyor and loss assessor certificate.

d) Insurance claims adjuster certificate.

2. Certificates set out in Point a, b, d Clause 1 of this Article shall be specified according to types of insurance: life insurance, non-life insurance, health insurance.

3. Certificates set out in Point a Clause 1 of this Article shall be specified according to: non-life insurance (except for marine insurance, aviation insurance); marine insurance; aviation insurance.

Article 4. Training to obtain certificates

1. Training methods:

a) At training institutions.

b) Self-learning.

2. Training content of certificates:

a) General knowledge:

- Vietnamese regulations and laws on insurance business;

- Fundamentals of insurance.

b) Specialized knowledge:

- Insurance consultant certificate: Knowledge about subject insured; terms and conditions of insurance; consulting process of insurance plan, insurance products, risk management and loss limitation and loss prevention.

- Insurance underwriter certificate: Knowledge about subject insured; risk management; risk assessment process.

- Insurance surveyor and loss assessor certificate: Knowledge about subject insured; terms and conditions of insurance; survey and loss assessment process.

- Insurance claims adjuster certificate: Knowledge about subject insured; terms and conditions of insurance; claim adjusting process.

Article 5. Examination administration

1. IRT is the test center of certificates prescribed in Clause 1 Article 3 of this Circular.

2. Administration method: at the center.

3. The examination to obtain certificates (hereinafter referred to as certification exams) shall be administered on a monthly basis. Before December 31, IRT shall notify time and places of certification exams of the subsequent year on its website.

Article 6. Procedures for application for certification exams

1. The application for examination shall be made on IRT’s website: https://irt.mof.gov.vn at least 10 days before the examination date.

The training institution shall apply for examination on behalf of its trainees. Examinees outside training institutions shall apply for examination to IRT. The application for examination is specified in Clause 2 of this Article.

2. An application for examination shall contain:

a) Personal details of the examinee;

b) Name of certification exam;

c) Type of expected certificate;

d) Examination date and place;

dd) Other details regarding the examination.

3. Examination fee:

The examinee shall submit examination fee. The examination fee shall be notified by IRT. Examinees whose applications are submitted by training institutions shall also pay examination fees to the training institutions; examinees outside training institutions shall pay examination fees to IRT.

4. 3 working days before the examination date, IRT shall post a list of examinees on its website (those who submitted complete applications and paid full examination fees).

Article 7. Preparation of test papers

1. Test papers of certificates shall be prepared as objective test. Each test paper shall contain general knowledge and specialized knowledge. Number of questions relating to general knowledge accounts for 40%, number of questions relating to specialized knowledge accounts for 60% of total number of questions of each test paper.

2. Test papers of certificates shall be sourced from the question bank established by the Department of Insurance Management and Supervision. The question bank shall be established according to every type of certificates prescribed in Article 3 of this Circular  and the training content prescribed in Clause 2 Article 4 of this Circular.

Article 8. Notification of examination results

1. According to the examination results, IRT shall approve the examination results to obtain certificates. An examinee achieving at least 70% of overall score shall be considered passing the examination to obtain the certificate.  IRT shall issue a decision on approval for examination results using the form prescribed in Appendix 1 issued herewith.

2. Within 5 working days from the completion date of examination, the examination results shall be posted on website of IRT and website of the Department of Insurance Management and Supervision.

Article 9. Grant of certificates

1. Pursuant to the decision on approval for examination results to obtain certificates made by IRT:

a) The training institution shall grant certificates to passing examinees who are trainees of the training institution.

b) IRT shall grant certificates to passing examinees who are persons outside training institutions.

2. The certificate must be granted within 10 days from the day on which the decision on approval for examination results becomes effective.

3. Samples of certificates are specified in the Appendix 2 issued herewith.

Article 10. Secondary check and further actions after secondary check

1. An examinee is entitled to have his/her score undergone secondary check. A request for secondary check shall be submitted to IRT using the form in Appendix 3 issued herewith within 20 days from the date on which the official examination results are posted on IRT’s website.

2. IRT shall regrade the test paper under secondary check and send a written response to the examinee concerned within 5 working days from the date on which the request for secondary check is received.

3. According to the secondary check result, IRT shall approve the revised examination result (if any). The training institutions and IRT shall grant the certificate as prescribed in Article 9 of this Circular or revoke the certificate as prescribed in Article 11 of this Circular.

Article 11. Revocation and replacement of certificates

1. The training institution and IRT shall revoke and replace certificates which they granted in the cases prescribed in Clause 2 of this Article.

2. Cases of revocation and replacement of certificates:

a) The certificate shall not become effective and be revoked in the following cases:

- The certificate holder did not sit or failed such an examination to obtain certificate administered by IRT as prescribed in this Circular;

- The certificate holder forged and falsified the application prescribed in Point a Clause 2 Article 6 of this Circular;

- The certificate holder asked another person to take his/her examination;

- The secondary check result showed that the examinee failed the examination as prescribed in this Circular;

- The certificate holder gave his/her certificate to other people for use.

b) A person whose certificate is revoked as prescribed in Point a Clause 2 of this Article (unless his/her certificate is revoked due to secondary check result) may not sit a certification exam within 12 months from the date on which the decision on revocation of certificate is made.

c) A certificate may be replaced if there is any error or mistake in the following details of the certificate holder:

- Surname/middle name/first name;

- Date of birth;

- Number of citizen identification card/identification card/passport;

- Date of issue, place of issue of citizen identification card/identification card/passport.

3. The licensing authority shall revoke certificates according to decisions on revocation of certificates. The form of decision on revocation of certificates is specified in the Appendix 4 issued herewith.

4. Within 10 days from the date on which the decision on revocation of certificates is made, the licensing authority shall post a list of certificates which do not become effective and are revoked on the website of the licensing authority and notify IRT of such list. The details of certificates which do not become effective and are revoked shall be publicly posted on the website of IRT and website of the Department of Insurance Management and Supervision.

Chapter III

RECOGNITION OF CERTIFICATES GRANTED BY FOREIGN TRAINING INSTITUTIONS

Article 12. Rules for recognition of certificates granted by foreign training institutions

A holder of certificate granted by a foreign training institution must meet the following requirements to have his/her certificate recognized in Vietnam:

1. Obtaining a certificate:

a) The certificate is granted after the holder passed an examination administered by a foreign insurance authority or a competent regulatory agency; or

b) The certificate is granted by one of the following international insurance training institutions: 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), Risk Management Institute of Australia (RMIA), Chartered Institute of Loss Adjusters (CILA), the Australian Institute of Chartered Loss Adjusters (AICLA), Lloyd's Maritime Academy; or

c) The certificate is granted by a training institution of a country to which Vietnam enters into an agreement on mutual recognition of certificates.

2. The training content of certificates of foreign training institutions shall correspond to each type of certificates proposed for recognition in Vietnam.

3. The application for recognition of certificates is specified in Clause 2 Article 13 of this Circular.

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

1. Holders of certificates granted by foreign training institutions seeking for recognition in Vietnam shall submit 1 application for recognition of certificate to the Department of Insurance Management and Supervision affiliated to the Ministry of Finance as prescribed in Clause 2 of this Article.

2. The application for recognition of certificate granted by foreign training institution shall include:

a) An application form for recognition of certificate granted by foreign training institution is specified in Appendix 5 issued herewith;

b) An (01) notarized Vietnamese translation of the certificate concerned;

c) The training curriculum or list of learned subjects in the training program of certificate at the foreign training institution;

d) The evidence demonstrating that the certificate holder passed the examination to obtain certificate administered by a foreign insurance authority or a competent regulatory agency (in case of certificate prescribed in Point a Clause 1 Article 12 hereof); or administered by the international insurance training institution prescribed in Point b Clause 1 Article 12 hereof (in case of certificate prescribed in Point b Clause 1 Article 12 hereof); administered by the training institution of a country to which Vietnam enters into an agreement on mutual recognition of certificates (in case of certificate prescribed in Point c Clause 1 Article 12 hereof);

dd) Citizen identification card/identification card/passport of the applicant for recognition of to which Vietnam enters into an agreement on mutual recognition of certificate granted by the foreign training institution (notarized copy).

3. Within 14 days after receiving the complete application prescribed in Clause 2 of this Article, the Department of Insurance Management and Supervision shall grant a written recognition of certificate granted by the foreign training institution using the form in Appendix 6 issued herewith. If the application is rejected, the Department of Insurance Management and Supervision must provide explanation in writing. The list of holders of certificates granted by the foreign training institutions recognized in Vietnam shall be publicly posted on the website of the Department of Insurance Management and Supervision and the website of IRT.

Chapter IV:

IMPLEMENTATION

Article 14. Responsibilities of the Department of Insurance Management and Supervision

1. Promulgate regulations on certification exams.

2. Establish the test question bank related to certificates as prescribed in this Circular.

3. Inspect and monitor the examination administration, grant, and revocation of certificates.

4. Recognize the certificates granted by foreign training institutions and publicly post the list of holders of certificates granted by foreign training institutions recognized in Vietnam on the website of the Department of Insurance Management and Supervisions.

5. Keep records of documents on recognition of certificates as prescribed in law on record keeping.

Article 15. Responsibilities of IRT

1. Post examination date, time and place, list of examinees, examination results to obtain certificates and list of holders of certificates which do not become effective and are revoked on the website of IRT.

2. Prepare test papers, administer examination, and approve the examination results to obtain certificates.

3. Conduct secondary check of examination results to obtain certificates.

4. Grant and revoke certificates of examinees outside training institutions.

5. Keep records of documents related to examination administration, grant and revocation of certificates under responsibilities of IRT as prescribed in law on record keeping.

Article 16. Responsibilities of training institutions

1. The training institution shall provide training to obtain certificates as prescribed in Article 4 of this Circular.

2. Register a list of examinees with IRT (applicable to those who are trainees of the training institution).

3. Grant, replace, revoke certificates

4. Post the list of holders of certificates which do not become effective and are revoked on the website of the training institution.

5. Comply with requirements pertaining to training, examination, grant, replacement and revocation of certificates as prescribed in this Circular. If the training institution violates regulations on grant, replacement and revocation of certificates, it may not grant certificates.

6. Keep records of documents related to grant and revocation of certificates under responsibilities of the training institution as prescribed in law on record keeping.

Article 17. Responsibilities of examinees, proctors, examiners

1. Responsibilities of examinees:

a) Take responsibility for the completeness, truthfulness, and accuracy of the details in the applications for examination;

b) Pay fees to take certification exams;

c) Abide by regulations on certification exams.

2. Responsibilities of proctors, examiners: Abide by regulations on certification exams.

Article 18. Entry into force

1. This Circular comes into force as of November 1, 2019.

2. The difficulties that arise during the implementation must be reported to the Ministry of Finance for consideration./.

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