Protection, Supervision and Development [2015] No. 91
Government departments, insurance regulatory bureaus, Training Centers, Insurance Industry Association of China, Insurance Society of China, Association of Actuaries of China, Insurance Asset Management Association of China, Insurance Protection Fund of China, Insurance Information Technology Management Company of China, Insurance Companies and Insurance intermediaries:
Insurance intermediary is an important bridge and link of insurance trading activities,After years of development,China's insurance intermediary market has become an important part of the insurance market,It has played an important role in selling insurance products, improving insurance services, improving market efficiency and popularizing insurance knowledge,It promotes the healthy and rapid development of the insurance market。But overall, the insurance intermediary market is still in the initial stage of development, and there is still a certain gap compared with the requirements of accelerating the development of modern insurance service industry and the expectations of the majority of insurance consumers。In order to further promote the healthy and standardized development of the insurance intermediary market, the following suggestions are put forward on the reform of the insurance intermediary market。
1. Guiding ideology, overall objectives and basic principles
(1) Guiding ideology and overall objectives。
We will fully implement the guiding principles of the 18th CPC National Congress and the second, third and fourth plenary sessions of the 18th CPC Central Committee,Implement the strategic deployment of Several Opinions of The State Council on Accelerating the Development of Modern Insurance Service Industry (Guo Fa (2014) No.29) and the overall requirements of CIRC on deepening the reform of insurance industry,Release the front end,Take care of the back end,健全支持鼓励行业创新变革的体制机制;培育一批具有专业特色和国际竞争力的龙头型保险中介机构,Develop a large number of small and micro, community-based, store-based regional professional agencies,形成一个自主创业、自我负责、体现大众创业、万众创新精神的独立个人代理人群体;建成功能定位清晰、准入退出顺畅、要素流动有序的保险中介市场体系;形成主体管控有效、行政监管有力、行业自律充分、社会监督到位的四位一体保险中介监管体系,We will encourage insurance intermediaries to better play their role in supporting the insurance industry,The service insurance industry is developing well and rapidly。
Basic Principles。
First, we will streamline administration and delegate more power。全面落实中央深化改革精神,尊重市场经济规律,加快转变政府职能,该放的大胆放、放到位、放到底,把经营自主权还给市场;该管的大胆管、管到位、管到底,不折不扣履行监管职责。
Second, the overall planning, step by step implementation。加强顶层设计,着眼长远发展,增强改革工作的系统性、整体性、协同性;分清轻重缓急,着力解决当前主要问题和矛盾,制定实施的路线图和时间表,渐次推进。
Third, we will support trials and encourage innovation。We will encourage regions and units where conditions permit to experiment first and make innovations in reform, and continue to review and popularize successful experiences and practices in reform。
Ii. Main Tasks
1. We will improve access and exit management and establish a multi-tiered service system。
Clear function positioning。Adhere to the basic function positioning of insurance intermediaries to accept the entrustment of the parties in insurance transactions, provide services and get remuneration in the conclusion and fulfillment of insurance contracts。Adhere to the insurance intermediary in the insurance market to play an important role of unblocking information, reducing costs, promoting efficiency。Adhere to the development of multi-level, multi-component and multi-form insurance intermediary market system。
Improving access management。To professional intermediary agencies,The implementation of the first license after the access procedures,Lower the standards for registered capital,实行公估机构注册资本认缴制;推行专业代理机构许可证分类制度,Distinguish between two types of national and regional institutions,建立相应准入要求;适时推进专业代理和公估机构对外开放,We will expand the business scope of foreign brokerage institutions。For concurrent agency agencies, we will adhere to the access standards of commercial enterprise, window convenience, concurrent business and main business relevance, implement the industry access list and agency insurance category catalogue, and implement the unified registration system of legal person institution qualification declaration, legal person institution certificate holding, and business network。We will improve the practice registration system for personal agents。
Strengthen exit management。We will improve the standards and procedures for insurance intermediaries to withdraw from the market, and gradually form an exit mechanism that combines the voluntary withdrawal of insurance intermediaries with compulsory withdrawal by supervision。We will enrich policy tools for withdrawing from the market, carry out business continuity reviews, standardize review of renewal of licenses when they expire, tighten hard constraints on exit standards, and strengthen law enforcement and investigation. We will ensure that all enterprises withdraw from the market when they should, and that the inferior ones are limited and the superior ones are supported。
2. We will encourage and promote reform and innovation and improve the capacity of intermediary services。
We will support the innovative development of specialized intermediary agencies。Professional intermediary institutions are encouraged to improve their professional and technical capabilities and take the initiative to provide value-added services in risk pricing, product development, disaster prevention and loss prevention, risk consultancy, loss assessment, claims settlement service, anti-insurance fraud investigation and other aspects。Professional intermediary institutions are encouraged to take the road of differentiated development, specializing in reinsurance brokerage, life insurance brokerage, auto insurance public valuation and other businesses。Professional intermediaries are encouraged to actively serve China's "going global" strategy and provide risk management and insurance arrangement services for the Belt and Road Initiative and overseas projects。We will support professional intermediary institutions in setting up offices overseas。
Encourage diversification of insurance sales。Insurance companies are encouraged to develop new channels and models of insurance sales such as cross-selling, telephone selling and Internet selling in an orderly manner。Professional intermediary institutions are encouraged to explore effective forms of "Internet + insurance intermediary" and form new business platforms through Internet development。In accordance with the principle of consistency between online and offline supervision, the insurance intermediary services of Internet enterprises such as e-commerce platforms will be regulated。
We will promote the system of independent personal agents。Adhere to the principle of conducive to the career planning of personal agents, conducive to the development of insurance business and conducive to effective supervision, support insurance companies and insurance regulatory bureau to boldly take the lead in pioneering, explore and encourage existing outstanding personal agents to start their own businesses and develop independently。Insurance companies are encouraged to actively reform the current personal agent model, reduce the level of management team, and improve the commission system and assessment mechanism based on business quality。
We will promote the orderly flow of market factors。We will encourage mergers and reorganizations of professional intermediary institutions。Support professional intermediaries to raise funds and trade equity through capital markets。Professional intermediaries are allowed to explore incentive mechanisms such as management equity, options and employee stock ownership plans on the premise of controllable risks。
3. Strengthening self-regulation to improve the quality and upgrading of industries。
Strengthen internal governance control of professional intermediary institutions。With the focus on national institutions, we will formulate guidelines on corporate governance and internal control, establish a corporate governance system with a complete structure, clear responsibilities and powers, and effective operation, and improve the business and financial internal control systems。Strengthen the responsibility of corporate bodies and senior managers。
Strengthen insurance business management of concurrent agency agencies。Establish internal control system and guidance of control mechanism for insurance business of concurrent agencies, clarify the main responsibility of legal persons, and implement written compliance commitment and compliance person system。
Strengthen the management of intermediary business of insurance companies。Clarify the regulatory standards and requirements for insurance companies to implement the responsibility of controlling intermediary business, and promote insurance companies to improve the organizational structure and rules and regulations for controlling intermediary business from top to bottom。Strengthen the supervision on the authenticity of basic information of insurance policies, promote insurance companies to standardize the content and format of insurance policies, and truthfully and completely reflect business channel information in insurance policies。Gradually implement the centralized payment of intermediary fees。
We will strengthen institutional informatization。To study and put forward informatization standards and requirements for the operation and management of insurance intermediaries, promote the docking and automatic data verification between insurance intermediaries and insurance companies' business and financial management systems, and strengthen the information system control of the whole process of insurance companies' intermediary business。
4. Focusing on strengthening oversight and management and comprehensively improving administrative efficiency。
We will strengthen off-site supervision。We will improve the information registration and reporting system for professional intermediary agencies, establish a system for reporting insurance business data of part-time agencies, and strengthen risk monitoring in the intermediary market。We will improve category-based oversight and improve the index system。A registration and filing system shall be implemented for insurance intermediary accounts collecting premiums and commission accounts。The system of professional intermediary agencies and part-time agencies paying earnest money and taking out professional liability insurance will be fully implemented。Promote the establishment of specialized mutual insurance organizations, which are responsible for professional liability insurance protection and risk prevention in the insurance intermediary industry。
Improved site inspection。We will speed up the establishment of a "double random" on-site inspection system, in which inspection objects and inspectors are randomly selected, and carry out regular comprehensive inspections, irregular special inspections, and temporary supervision and inspections。
Enhanced regulatory tools。We will use big data, cloud computing and other technologies to develop and apply a new type of regulatory information platform to effectively connect regulatory authorities, insurance companies, intermediaries and employees, so as to achieve unified personnel, clear transactions in real time, timely and effective supervision, and open and transparent services on the platform。
Improve the supervision system。We will improve the regulatory system, comprehensively revise regulatory rules and regulations, clean up normative documents, establish as soon as possible a regulatory system of insurance intermediaries based on the Insurance Law, with departmental rules as the main body and normative documents as the supplement, and establish a long-term mechanism for the development and supervision of the insurance intermediary market。
Strengthening supervision mechanism。Local supervision shall be fully implemented, and all insurance regulatory bureaus shall fully perform their supervisory duties on insurance intermediary institutions, personnel and insurance intermediary business within their jurisdiction。Comprehensively strengthen the linkage of the system, with the Local insurance regulatory Bureau as the hub, improve the sharing system of regulatory information, and strengthen the coordination of major regulatory actions。
(5) Focus on strengthening organizational construction, pay attention to the role of industry self-discipline。
We will support the development of insurance intermediary organizations。We will promote the establishment of China Insurance Intermediary Industry Association as soon as possible, and encourage qualified and willing areas to establish local insurance intermediary industry organizations in light of local conditions and market needs。
Support industry organizations to play their role。We will establish a classified and stratified testing system for practitioners, carry out continuing education and training, and improve a unified practice registration system for the whole industry。We will establish a service evaluation system for insurance intermediaries and a comprehensive rating system for independent personal agents, and improve and perfect mechanisms for insurance intermediaries and employees to record honesty and punish them for dishonesty。
We will encourage industry organizations to build platforms。Establish information platforms for major risk projects and industrial talents, and develop equity registration and transfer systems for professional intermediaries。
(6) Strengthen information disclosure and bring into play the effectiveness of public supervision。
Strengthen institutional information disclosure obligations。Establish and improve insurance intermediaries' regular disclosure of basic information and irregular disclosure of major information, and strengthen information disclosure in product sales, claims services and other links。Strengthen the information disclosure obligation of insurance intermediary employees。Establish a system of disclosing the way and proportion of brokerage commissions to clients。
We will improve the regulatory information disclosure system。We will establish diversified information disclosure channels and platforms, and increase the disclosure of regulatory government information such as organization profiles, industry information, administrative licensing, and administrative penalties, so as to facilitate public inquiries and play a role in social supervision。
Iii. Safeguard measures
1. Strengthening organizational leadership。Deepening the reform of insurance intermediary market involves the transformation of regulatory concept and adjustment of market mechanism, and is closely linked to the reform of insurance market marketization and the reform of insurance market operation mechanism. All units should strengthen overall planning and implement and promote the work in a key, step-by-step and orderly way。The CIRC set up a leading group on insurance intermediary market reform。The leading group is headed by Huang Hong, a member of the CIRC Party Committee and vice Chairman. The members include the principal leaders of the General Office, property insurance Department, Life insurance Department, Intermediary Department, International Department, Regulations Department, Information Technology Department, inspection Bureau and other departments。Each insurance supervision bureau shall set up the corresponding working organization led by the main person in charge according to the local situation。
(2) Strengthening internal coordination。Protect concerned branch of circ and each protect inspect bureau to want to set out from overall situation,With a strong sense of responsibility, mission and a spirit of reform and innovation,Effective performance of duties,Strengthen coordination and cooperation,Reform of property insurance, life insurance and insurance intermediaries should be closely integrated,Work together to deepen the reform of insurance intermediary market,We will ensure smooth implementation of reform and tangible results。
3. Close external coordination。Strictly comply with the direction and requirements of the reform of commercial system and the reform of administrative examination and approval system set by the CPC Central Committee and The State Council, pay close attention to the reform measures and progress of commercial system and tax system of industry and commerce, tax and other departments, actively strengthen communication and coordination, and strive for a harmonious and smooth external policy environment。
4. Strengthening publicity and guidance。Relevant departments of cirC and all cirC bureaus shall attach great importance to the publicity and public opinion of reform measures, timely interpret policies, correctly guide industry expectations, maximize industry consensus, form industry reform synergy, and jointly promote the reform of insurance intermediary market。
China Insurance Regulatory Commission
September 17, 2015