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Notice of the China Insurance Regulatory Commission on Further Enhancing the Sales Management of Personal Insurance Companies [Effective]
中国保监会关于进一步加强人身保险公司销售管理工作的通知 [现行有效]
【法宝引证码】

Notice of the China Insurance Regulatory Commission on Further Enhancing the Sales Management of Personal Insurance Companies 

中国保监会关于进一步加强人身保险公司销售管理工作的通知

(No. 136 [2017] of the China Insurance Regulatory Commission) (保监人身险〔2017〕136号)

All local CIRC offices and all personal insurance companies: 各保监局、各人身保险公司:
For the purposes of further regulating the order of the personal insurance market, addressing market irregularities, enhancing the sales management of personal insurance companies, cracking down on violations of laws and regulations, and protecting the lawful rights and interests of insurance consumers, you are hereby notified of the relevant issues as follows: 为进一步规范人身保险市场秩序、整治市场乱象,加强人身保险公司销售管理工作,严厉打击违法违规行为,保护保险消费者合法权益,现就有关事项通知如下:
I. All personal insurance companies shall attach great importance to sales management, diligently implement the requirement that “the insurance industry should focus on providing insurance services,” insist on the correct operation philosophy, reinforce companies' responsibilities, place compliance management and prevention and control of risks in a more important position, further strengthen internal management and control and personnel education and training, and provide quality insurance products and services for insurance consumers.   一、各人身保险公司应当高度重视销售管理工作,认真贯彻落实“保险业姓保”要求,坚持正确经营理念,强化公司主体责任,把合规经营和防控风险摆在更加重要的位置,进一步加强内部管控和人员教育培训,为保险消费者提供优质的保险产品和服务。
II. Upon issuance of this Notice, all personal insurance companies shall immediately conduct self-examination and rectification in respect of their sales management and compliance from 2016, focusing on whether the relevant operations are in compliance with laws and regulations, whether the internal control system is adequate and effective, whether information and materials are true and complete in terms of, among others, product management, information disclosure, sales promotion, customer follow-up, renewal services, and complaint handling, and comprehensively investigate and enforce accountability for fake news such as fabricating and spreading “a halt on refund-type health insurance” and “exclusion of certain critical diseases from liability” and unlawful sales activities such as inducing insurance applicants to enter into insurance contracts by misrepresentation. The head offices of all personal insurance companies shall, before June 30, 2017, report the self-examination and rectification and enforcement of accountability to the China Insurance Regulatory Commission (“CIRC”), and their provincial branches shall report to the local CIRC offices.   二、自本通知下发之日起,各人身保险公司应当立即对2016年以来公司销售管理合规情况开展自查自纠,重点针对产品管理、信息披露、销售宣传、客户回访、续期服务和投诉处理等业务环节,排查相关经营行为是否依法合规、内控制度是否健全有效、信息资料是否真实完整,对捏造散布“返还型健康险被叫停”、“部分重大疾病将列为免责病种”等虚假信息的炒作行为和通过虚假宣传引诱投保人订立保险合同等违规销售问题开展全面清查和责任追究。各人身保险公司总公司应于2017年6月30日前将自查整改和责任追究情况向中国保监会报告,省级分公司应向当地保监局进行报告。
The CIRC will extensively review the self-examination and rectification. Where a company has taken corrective action in a timely manner for minor violations of the law, without any harmful consequences, the CIRC will not impose punishment on it. Where a company has carefully conducted self-examination and rectification and voluntarily eliminated or reduced the harmful consequences of its violations of the law, the CIRC will imposed lighter or mitigated punishment on it. Where a company conducts the self-examination and rectification only as a formality, fails to conduct the self-examination and rectification in a truthful manner, delays in reporting, or withholds information in reporting, the CIRC will impose harsh punishment on it according to the law and take measures against it such as ordering cessation of accepting new business.
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 中国保监会将对公司自查整改情况进行全面核查。对违法行为轻微并及时纠正,没有造成危害后果的,中国保监会将免于处理。对认真自查自纠,主动消除或减轻违法行为危害后果的,中国保监会将依法从轻或减轻处理。对自查自纠走过场、不真查实改以及迟报、瞒报的公司,中国保监会将依法严肃处理,采取责令停止接受新业务等措施。
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