人身保险产品审批和备案管理办法Administrative Measures on Examination, Approval and Filing of Personal Insurance Pro

on and approval according to different circumstances as follows：

　　1. In case that a product belongs to the category subject to filing， the CIRC shall notify the insurance company in writing to reapply for filing；

　　2. In case of incompleteness of the application materials， the CIRC shall， within 5 days， inform the insurance company of the materials to be supplemented all at once.

　　3. In case the application materials are complete or the insurance company has supplemented all the materials according to the requirement of the CIRC， the CIRC shall accept the application and provide the insurance company with a written certificate with a seal for the exclusive use of accepting.

　　Article 22

　　Within 20 days after accepting an application for product examination and approval， the CIRC shall make the decision to or not to approve the application. In case the decision cannot be made within 20 days， the examination and approval time limit， subject to approval by the person-in-charge of the CIRC， may be extended by 10 days. The CIRC shall inform the insurance company of the reason for extension.

　　In case that an approval is granted， the CIRC shall publicize the decision in the CIRC proclamations or on its official website. In case of disapproval， the CIRC shall notify the insurance company in writing to explain the reasons for the disapproval， and inform it of the right to apply for administrative reconsideration or start administrative proceedings according to law.

　　Article 23

　　The CIRC may organize an expert assessment of a product and inform an insurance company of the time needed for such assessment.

　　The CIRC may organize a public hearing on a product concerning the public interest and shall implement the hearing in accordance with relevant stipulations of the Administrative Licensing Law of the People‘s Republic of China.

　　The time needed for an expert assessment and for a hearing is not counted in the time limit of examination and approval specified in Article 22 of these Measures.

　　Article 24

　　Where an insurance company intends to withdraw an application after the CIRC has accepted it and before a decision is made， the insurance company shall submit a written

application to the CIRC for the withdrawal. The CIRC shall terminate the examination of the application for product examination and approval and return the application materials to the insurance company.

　　Article 25

　　Where an insurance company intends to make changes to a product after the CIRC has accepted the application and before a decision is made， the insurance company shall apply to the CIRC for withdrawal of the examination and approval application.

　　In case that an insurance company withdraws its application for product examination and approval， the time limit of examination and approval shall be calculated from the date on which the CIRC receives the revised application materials.

　　Article 26

　　For a product disapproved by the CIRC， an insurance company may reapply for product examination and approval after making changes to the product.

　　Article 27

　　For a product subject to filing， an insurance company shall submit the filing materials to the CIRC no later than 7 days after the product is sold.

　　Article 28

　　Upon receiving filing materials， the CIRC shall handle the filing according to different circumstances as follows：

　　1. In case of incompleteness of the filing materials， the CIRC shall inform the insurance company to supplement all materials needed within 10 days.

　　2. Upon receiving complete filing materials or all materials needed are supplemented by an insurance company according to the requirement of the CIRC， the CIRC shall keep the filing materials in the archives and issue a receipt to the insurance company.

　　Chapter 5 Responsible Actuary and Legally Responsible Person

　　Article 29

　　An insurance company shall appoint a responsible actuary and a legally responsible person to be responsible for product actuarial affairs and legal affairs respectively.

　　The insurance company shall provide the responsible actuary and legally responsible person with sufficient information necessary for them to undertake their duties， and shall show due respect to the professional opinions of the responsible actuary and legally responsible person.

　　Article 30

　　A responsible actuary appointed by an insurance company is subject to examination and confirmation by the CIRC. Statement provided by a responsible actuary not confirmed and other relevant reports signed by a responsible actuary not confirmed will not be accepted by the CIRC.

　　Article 31

　　A responsible actuary appointed by an insurance company shall satisfy the following requirements：

　　1. Having a domicile within the territory of the People‘s Republic of China；

　　2. Having Chinese actuary qualification；

　　3. Having more than 3 years‘ experience in actuarial service；

　　4. Having no record of criminal punishment；

　　5. Having no record of intentional fraud in actuarial practice.

　　In special cases， the CIRC may confirm people with other actuary qualifications as responsible actuaries.

　　Article 32

　　The responsible actuary is responsible for signing actuarial report and providing statement of responsible actuary， and shall take the following responsibilities for the products：

　　1. The actuarial report of the product is complete；

　　2. The actuarial report of the product accords with the presentation of the clauses；

　　3. The actuarial assumptions and methods of the products comply with the general actuarial principles and relevant actuarial stipulations of the CIRC；

　　4. For a product with benefit presentation， the benefit measurement and calculation methods comply with the general actuarial principles and relevant stipulations of the CIRC；

　　5. The result of calculation is accurate；

　　6. Other responsibilities in product actuarial services as specified by the CIRC.

　　Article 33

　　A leg

ally responsible person appointed by an insurance company is subject to examination and confirmation by the CIRC. Statement provided by a legally responsible person not confirmed and other relevant reports signed by a legally responsible person not confirmed will not be accepted by the CIRC.

　　Article 34

　　A legally responsible person appointed by an insurance company shall satisfy the following requirements：

　　1. Having a domicile within the territory of the People‘s Republic of China；

　　2. Having undergraduate educational background of Law or above， or having a Chinese lawyer qualification certificate or a law practitioner certificate；

　　3. Having more than 3 years‘ experience in domestic insurance or legal service；

　　4. Having no record of criminal punishment；

　　5. Having no record of intentional fraud in law practice.

　　Article 35

　　A legally responsible person is responsible for providing statement of legally responsible person， and shall take the following responsibilities for the product：

　　1. The insurance clauses comply with the Insurance Law of the People‘s Republic of China， other laws and administrative rules and relevant stipulations of the CIRC；

　　2. Insurance clauses do not infringe upon the public interest or to the legitimate rights and interests of the policyholder， the insured and the beneficiary；

　　3. The insurance contract contains all essential elements with accurate wording；

　　4. For a product with a product description， the description shall accord with the presentation of the clauses； the contents are complete and authentic and comply with relevant stipulations of the CIRC.

　　5. Other legal responsibilities for the product specified by the CIRC.

　　Article 36

　　When applying for confirmation of the qualifications of a responsible actuary and a legally responsible person， an insurance company shall submit the following materials to the CIRC in duplicate：

　　1. “Application Form for Examination and Confirmation of the Qualifications of Responsible Actuary” or “Application Form for Examination and Confirmation of the Qualifications of Legally Responsible Person”；

　　2. Copies of identity certificate and domicile certificate of the proposed responsible actuary or legally responsible person；

　　3. Copies of diploma and professional qualification certificate；

　　4. Certificate of professional experience；

　　5. Other materials specified by the CIRC.

　　Article 37

　　Upon receiving the application materials for confirmation of qualifications of a responsible actuary or a legally responsible person， the CIRC shall handle the application according to different circumstances as follows：

　　1. In case of incompleteness of the application materials， the CIRC shall， within 5 days， inform the insurance company of the materials to be supplemented all at once.

　　2. In case the application materials are complete or the insurance company has supplemented all the materials according to the requirement of the CIRC， the CIRC shall accept the application and provide the insurance company with a written certificate with a seal for the exclusive use of accepting.

　　Article 38

　　Within 20 days after accepting an application， the CIRC shall make the decision to or not to approve the application. In case of disapproval， the CI

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