Legal Framework for Insurance Business Activities

Beneficiary : An organization or individual designated by the Insurance Buyer to receive insurance benefits according to the provisions of the insurance contract. In case the Insurance Buyer is also the Insured in the main product contract, the Insurance Buyer can designate anyone as the Beneficiary according to his/her wishes. If the Insurance Buyer is different from the Insured in the main product contract, the Beneficiary must have an insurance relationship with the Insured in the main product contract.

Insurance relationship : Is the relationship between insurance subjects accepted by the insurance company or in other words, the risk of this subject (Insured) will cause loss (emotional, financial) to another subject. There are 3 subjects in an insurance contract:

- Insurance buyer

- Insured person

- Beneficiary

Contract Expiration Date : The date the contract ends (expires).

Contract maturity date : The annual anniversary of the effective date of the insurance contract during the insurance period.

Due date for payment : The date for the next payment period, according to the payment period chosen by the participant.

Insurance premium receipt : Is the receipt that the agent gives to the customer when receiving the first premium along with the insurance claim file.

Premium payment extension period : Is the premium payment extension period from the contract payment due date. According to current regulations, the premium payment extension period is 60 days.

Premium payment period : Is the period between 2 premium payments. Premium payment period can be: Monthly, or quarterly (3 months), or semi-annual (6 months), or annually.

Total and permanent disability : Is a condition where the Insured Person loses or is completely paralyzed and cannot recover the function of:

- Two hands, or

- Two legs, or

- One arm and one leg, or

- Two eyes, or

- One hand and one eye, or

- One leg and one eye.

Dividend : Is the income (interest) distributed by Prudential to the Insurance Buyer in the form of dividend, if the Insurance Buyer's insurance contract participates in the profit sharing from Prudential's life insurance business activities. Dividend will be notified to the Insurance Buyer at the beginning of each calendar year and is the amount that the customer will only receive in full when Prudential pays insurance benefits according to the Rules and Terms of the contract.

Accumulated dividend : Is the dividend that has been announced and accumulated (combined) before the date Prudential starts paying Periodic Insurance Benefits/ Benefits upon contract maturity, or before the occurrence of an insurance event, depending on the case.

Surrender value : The amount that the Insured will receive back when there is a request to cancel the contract during the effective period of the insurance contract. The insurance contract will have a surrender value after the Insured has paid 2 years of insurance premium.

In the early years, the surrender value is often lower than the premiums paid by the customer. This is because, in reality, the administrative costs incurred are not equal from year to year. In the early years of an insurance contract, the costs associated with issuing and servicing the contract (also known as initial operating costs), such as: appraisal costs, medical testing costs, contract execution and printing costs as well as agent commission costs, etc., are much larger than the costs of maintaining the contract in the following years.

Insurance benefits in case of risk occurrence : These are the benefits that the Insurance Buyer (or Beneficiary) is entitled to when the insured event occurs, depending on the type of product.

Insurance benefits upon contract expiration : Are the benefits that the insurance buyer receives when the contract expires.

Insurance amount : Is the contract value chosen by the insurance buyer when participating in insurance.

Reinstatement of insurance contracts : Is the reinstatement of contracts that have lapsed within a certain period of time by Prudential Company, the reinstatement period is 24 months from the date the contract lapses.

Cooling off period : This is a period of time (21 days) from the date of contract issuance. During this period, the Insured may withdraw his/her decision to participate in the insurance and the company will refund the insurance premium after deducting the medical examination and testing fee (if any).

Contract term : Is the period of time the company accepts insurance on the condition that the insured pays the full premium.

Insurance premium payment period : Is the period of time during which the customer must fulfill the obligation to pay the full premium for the insurance contract he/she has participated in. The premium payment period may be shorter or equal to the contract term, depending on the type of product.

b. Rights and obligations of the insurance buyer The insurance buyer has the right to:

- Choose an insurance company operating in Vietnam.

- Require the insurance company to explain the terms and conditions of insurance, issue an insurance certificate or insurance policy.

- Unilaterally suspend the implementation of insurance contracts according to the provisions of the Law on Insurance.

- Require the insurance company to pay insurance money to the Beneficiary or compensate the Insured according to the agreement in the insurance contract when an insured event occurs.

- Transfer of insurance contracts according to the agreement in the insurance contract or according to the provisions of law.

- Other rights as prescribed by law.

The insured has the obligation to:

- Pay insurance premiums in full, on time and in the manner agreed upon in the insurance contract.

- Fully and honestly declare all details related to the insurance contract as required by the insurance company.

- Notify cases that may increase risks or give rise to additional responsibilities of the insurance company during the implementation of the insurance contract at the request of the insurance company.

- Notify the insurance company of the occurrence of an insured event as agreed in the insurance contract.

- Apply preventive measures and limit losses according to the provisions of this law and other provisions as prescribed by law.

c. Rights and obligations of insurance companies Insurance companies have the right to:

- Collect insurance premiums as agreed in the insurance contract.

- Require the Insured to provide complete and honest information related to the conclusion and implementation of the insurance contract.

- Unilaterally suspend the implementation of insurance contracts according to the provisions of the Law on Insurance.

- Refuse to pay insurance money to the Beneficiary or refuse to compensate the Insured in cases not covered by insurance liability or cases excluded from insurance liability as agreed in the insurance contract.

- Require the Insured to apply preventive measures and limit losses according to the provisions of the Law on Insurance and other relevant provisions of insurance law.

Insurance companies have the obligation to:

- Explain to the Insured the insurance terms and conditions, rights and obligations of the Insured.

- Issue insurance certificate to the Insured and insurance policy immediately after signing the insurance contract.

- Coordinate with the Insured to resolve third party claims for compensation for damages covered by insurance when an insured event occurs.

- Explain in writing the reasons for refusing to pay insurance or refusing compensation.

- Other obligations as prescribed by law.

3.2.4. Legal framework for insurance business activities

- Vietnamese law clearly stipulates the establishment, operation and dissolution of insurance companies as well as regulations on the rights and obligations of the insurance buyer and the insurer in the Law on Insurance Business.

- Currently, the Ministry of Finance grants licenses to establish insurance enterprises with many types of enterprises: state-owned insurance enterprises, joint stock companies, mutual insurance organizations, joint ventures, and 100% foreign-invested insurance enterprises.

- In case an insurance company becomes insolvent, the Ministry of Finance is the management agency responsible for directing and closely monitoring the implementation of measures to restore solvency, requiring the insurance company to transfer all insurance contracts to another insurance company, restricting the scope and field of operation of the insurance company or deciding to dissolve the insurance company.

3.3. Research method

The thesis is written based on descriptive statistics, data collection, comparison and reference methods of documents and expert opinions on issues related to the topic.

3.3.1. Descriptive statistical method

Systematize and process data on Excel software to evaluate the general situation of participating in Prudential life insurance of people in Thu Duc district, Ho Chi Minh City. At the same time, systematize customer opinions on Prudential life insurance products, thereby having a comprehensive view of customers to provide appropriate customer service solutions.

3.3.2. Data collection method

The topic conducts primary data investigation from customers through prepared customer survey forms, collects secondary data at Prudential company branches in Thu Duc district, Ho Chi Minh City and the website of the Vietnam Insurance Association. At the same time, refer to documents related to the research issue.

3.3.3. SWOT matrix analysis method

Identify the company's strengths, weaknesses, opportunities and risks through the SWOT matrix to see the company's position in the life insurance market to come up with appropriate solutions.

SWOT Matrix:

- Internal strengths (Strengths).

- Internal weaknesses (Weaknesses).

- Opportunities from outside (Opportunities).

- External threats (Threat).


Figure 3.2. SWOT Matrix Image


SWOT

Strengths (S)

Weakness (W)

Opportunity (O)

S/O combination

W/O Combination

Risk (T)

S/T combination

W/T Combination

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Legal Framework for Insurance Business Activities

Source: Business Administration book series.

For society, the study also clearly analyzes the role and necessity of life insurance for people in today's life. In addition, the thesis also uses the method of referring to documents related to the research topic in the spirit of selecting the opinions of experts and the theses of previous students.


CHAPTER 4

RESULTS AND DISCUSSION


4.1. The role of life insurance

4.1.1. Role for each individual and family

Along with physiological needs: the need to eat, sleep, wear, ... necessary for daily life, the need to be protected is one of the important basic needs in every human life. From the worry of "full food, warm clothes" has now changed to "delicious food, beautiful clothes". These needs change with the development of the human world. However, the need to be protected, to be safe to live happily and comfortably is an inevitable need that cannot be replaced by anything.

In the life of each individual and family, there are dreams and plans for themselves and their families. That dream can be the future of children's education, a house with full amenities, traveling here and there or a future of retirement without depending on children and grandchildren when they are old,... However, in life there are always unpredictable risks and they can happen to anyone, at any age, they can be:

- Disease

- Accident

- Early death

- Or even living too long without adequate financial preparation is also a type of risk.

Life insurance is a very effective tool to help each individual and family ensure financial security in the above unexpected situations. Life insurance is not simply to protect against losses when risks occur to customers, although we know that if unfortunately the customer or their relatives encounter risks, for their family nothing can compensate for those losses in terms of material and spirit. However, if there is financial preparation, behind that loss will be somewhat lighter.

And if the customer is lucky enough not to encounter any risks until the contract expires, life insurance becomes a significant savings to help customers and their families realize their dreams and plans, for example:

- Ensure your children's educational future, help them achieve their educational aspirations or have some capital when entering adulthood.

- Ensure future personal and family plans, such as getting married, having children, buying a house, creating business capital, showing filial piety to parents, etc.

- Ensure retirement future: have a financially independent life, travel, qualify for health care, not depend on children, etc.

- Providing medical expenses: When participating in health insurance products, customers can rest assured about: hospital and surgical costs, medical expenses in case of serious illness.

4.1.2. Role in society

For society, on a macro level, life insurance with its role of protecting the financial security of each individual and family contributes greatly to building a stable and civilized society. In addition, life insurance is an effective tool to mobilize idle capital in society to invest in developing the country's economy.

4.2. Research sample information

The thesis conducted a survey of 60 random research samples in Thu Duc district, Ho Chi Minh City through a prepared questionnaire. The survey sample was individuals aged between 22 and 50 years old. These are people of working age and most of them have income, it can be said that in some families they play the role of economic pillars, so they are potential customers of the life insurance market. The survey content mainly focuses on customers' opinions and behaviors regarding participating in life insurance of Prudential Life Insurance Company. Table 4.1 below is the result after the customer opinion survey.

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