Decree No. 68/2014/ND-CP amends and supplements certain articles of Decree No. 45/2007/NĐ-CP on insurance operations and non-life insurance products, particularly specifying the provisions regarding suretyship operations in insurance business. This document takes effect from August 25, 2014.
Đối tượng áp dụng
Non-life insurance companies, branches of foreign non-life insurance companies
Các điểm cốt lõi
- Non-life insurance companies, branches of foreign non-life insurance companies may engage in suretyship operations (Article 4).
- Suretyship is an insurance business activity whereby the insurance company undertakes the risk of the insured to fulfill the obligation on behalf of the principal if the principal fails to perform or performs incorrectly the obligation at the due date (Article 4).
- The principal must accept the debt and repay the insurance company according to the agreement stipulated in the insurance contract (Article 4).
- The parties may agree that the insurance company will only fulfill its obligation when the principal is unable to fulfill its obligation (Article 4).
- This Decree takes effect from August 25, 2014.
🌐 Tác động xã hội từ văn bản này
- To help insurance companies expand their business scope and diversify products.
- To provide additional options for the parties in managing financial risks.
- To enhance the responsibility of the principal in fulfilling obligations under the contract.
❓ Câu hỏi thường gặp
From which date does this Decree take effect?
Decree No. 68/2014/ND-CP takes effect from August 25, 2014.
How can insurance companies conduct suretyship operations?
Non-life insurance companies, branches of foreign non-life insurance companies may undertake the risk of the insured to fulfill the obligation on behalf of the principal if the principal fails to perform or performs incorrectly the obligation at the due date (Article 4).
What responsibilities does the principal have?
The principal must accept the debt and repay the insurance company according to the agreement stipulated in the insurance contract.
Toàn văn
DECREE
Amending and supplementing certain Articles of
Decree No. 45/2007/NĐ-CP dated March 27, 2007 of the Government
detailing the implementation of certain provisions of the Law on Insurance Business
---------------
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Camendn cứ Information Access (Amendment)t TKinh doanh bảo hiểmn lo hidevelopmentdated December 9amendm 2000;
Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Insurance Business dated November 24, 2010;
At the proposal of the Minister of Finance,
The Government promulgates this Decree amending and supplementing certain provisions of Decree No. 45/2007/NĐ-CP dated March 27, 2007 of the Government detailing the implementation of certain provisions of the Law on Insurance Business.
Article 1. Amend and supplement certain provisions of Decree No. 45/2007/NĐ-CP dated March 27, 2007 of the Government detailing the implementation of certain provisions of the Law on Insurance Business as follows:
"Article 4. Insurance operations and products
1. Non-life insurance includes the operations specified in Clause 3, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Insurance Business and surety insurance. Surety insurance is an insurance business operation under which the insurer, branch of a foreign non-life insurance company accepts the risk of the principal based on the principal paying the insurance premium for the insurer, branch of a foreign non-life insurance company to fulfill the obligation on behalf of the principal if at maturity the principal does not perform or performs incorrectly its obligation. The principal must accept the debt and repay the insurer, branch of a foreign non-life insurance company according to the agreement in the insurance contract. The parties may also agree that the insurer, branch of a foreign non-life insurance company only fulfills the obligation when the principal is unable to fulfill its obligation."
Article 2. Effective Date
This Decree takes effect from August 25, 2014.
This Circular takes effect from December 25, 2025/.
1. The Ministry of Finance shall provide guidance on the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.
PRIME MINISTER
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