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The Standing Committee of the National People’s Congress
Insurance Law of the People’s Republic of China
October 28, 2002
(Adopted at the 14th meeting of the Standing Committee of the Eighth National People’s Congress on June 30, 1995, Amended in accordance
with the Decision on Modifying the Insurance Law of the People’s Republic of China adopted at the 30th Meeting of the Standing Committee
of the Ninth People’s Congress)
ContentChapter I General Provisions
Chapter II Insurance Contract
Section 1 General Provisions
Section 2 Property Insurance Contract
Section 3 Life Insurance Contract
Chapter III Insurance Company
Chapter IV Insurance Operational Rules
Chapter V Supervision and Administration of the Insurance Business
Chapter VI Insurance Agents and Insurance Brokers
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This law has been formulated with a view to standardizing the insurance activities, protecting the legitimate rights and interests
of parties to insurance activities, strengthening the supervision and administration of the insurance business and promoting its
healthy development.
Article 2
Insurance used in this law refers to the act of payment of premiums by the insurants to insurers and the responsibility of the insurers
to give indemnity to the insurants in case of losses to property of the insurants caused by a specific contingency or perils of death,
injury, sickness of the insured upon the stipulated age according to terms as set in the contracts.
Article 3
All insurance activities within the territory of the People’s Republic of China shall be governed by this law.
Article 4
Insurance activities shall be subject to the rule of laws and administrative regulations, be in compliance with the social ethics
and the principle of free will.
Article 5
The parties concerned in insurance activities shall abide by the principle of good faith in the exercise of rights and performance
of obligations.
Article 6
Insurance companies shall be set up according to this law to engage in commercial insurance business. No other entity or individual
is allowed to engage in such business.
Article 7
Legal persons and other organizations which want to be insured within the territory of the People’s Republic of China shall enter
into insurance policy documents with the insurance companies within the territory of the People’s Republic of China.
Article 8
In carrying out business, insurance companies shall follow the principle of fair competition. Illicit competition is not allowed.
Article 9
Insurance supervisory and regulatory body under the State Council shall exercise supervision and administration of the insurance business
according to the provisions of this law.
Chapter II Insurance Contract Section 1 General Provisions
Article 10
An insurance contract is an agreement for defining insurance rights and obligations of the insurants and the insurers.
An insurant refers to a person who has signed insurance contract with an insurer and undertakes the obligation of paying insurance
premiums according to the amount stipulated in the insurance contract.
An insurer refers to an insurance company which has signed insurance contracts with the insurant and undertakes the responsibility
to pay indemnity or insurance money to the latter.
Article 11
In signing an insurance contract, the insurant and the insurer shall observe the principle of fairness, mutual benefit, reaching agreements
through consultation and free will without harming the public interest.
Insurance companies or other entities are not allowed to sign insurance contracts with others by coercion except otherwise provided
by law or administrative decrees or regulations.
Article 12
An insurant shall own the insurable interest in the objects of insurance.
If an insurant has no insurable interest in the objects of insurance, the insurance contract shall be invalid.
Insurable interest refers to the interest of the insurant in the objects of insurance recognized by law.
Objects of insurance refer to property or related interest insured or life and health of a person insured.
Article 13
An insurance contract shall hold after the insurant applies for insurance and the insurer agrees to underwrite the insurance and the
two sides have reached agreement on the clauses of the contract.
The insurer shall issue insurance policies or other insurance certificates to the insurant in a timely manner and specify on the insurance
policies or other insurance documents the contents of the contracts agreed by the two sides. The insurant and the insurer, upon agreement,
may also conclude insurance contracts in the form of written agreement other than those provided for in the preceding paragraph.
Article 14
After an insurance contract is concluded, the insurant shall pay premium as agreed upon in the contract and the insurer shall start
to undertake insurance liabilities at the time agreed upon.
Article 15
The insurant may terminate the insurance contract after the contract is signed except otherwise provided for by this law or by the
insurance contract.
Article 16
The insurer is not allowed to terminate the insurance contract after the contract is signed except otherwise provided for by this
law or by the insurance contract.
Article 17
In concluding an insurance contract, the insurer should explain the contents of the clauses of the insurance contract and may raise
inquiries on matters concerning the objects of insurance or the insurant, and the insurant shall make true representations.
If the insurant conceals facts deliberately and refuses to perform the obligations of making true representations or fails to perform
the obligations of making representations due to negligence that would be enough to affect the insurer from making the decision of
whether or not to agree to accept the insurance or raise the insurance premium, the insurer has the right to terminate the insurance
contract.
If the insurant deliberately refuses to perform the obligations of making true representations, the insurer shall not undertake to
pay indemnity or insurance money for insured risks that occurs before the contract is terminated and shall not return the insurance
premium.
If the insurant fails to perform the obligations of making representations due to negligence, thereby seriously affecting the occurrence
of insured risks, the insurer shall not undertake to pay indemnity or insurance money for contingency that occurs before the contract
terminates but may return the insurance premium.
Insured risks refer to the contingencies or perils covered by the insurance as agreed upon in the insurance contract.
Article 18
If an insurance contract provides for the exemption of liabilities for the insurer, the insure shall clearly state in before signing
the insurance contract. If no clear statement is made about it, the clause shall not be binding.
Article 19
An insurance contract shall contain the following:
1.
Name and domicile of the insurer;
2.
Names and residences of the insurant and the insured and the name and residence of the beneficiaries of life insurance.
3.
Objects of insurance;
4.
Insurance liability and liability exemption;
5.
Insurance term and the starting time of insurance liabilities;
6.
Insured value;
7.
Insured amount;
8.
Premium and the method of payment;
9.
The method of payment of insurance indemnity or insurance money;
10.
Liabilities for breach of contract and the handling of disputes;
11.
The year, month and date in which the contract is signed.
Article 20
The insurant and the insurer may reach agreement on related matters other than those stated in the preceding paragraph.
Article 21
The insurant and the insurer, after consultation, may alter the contents of the insurance contract within the valid period of the
insurance contract.
In altering the contents of an insurance contract, the insurer shall take notes on the original insurance policies or other insurance
documents or attach a rider or a written agreement on the alteration signed by the insurant and the insurer.
Article 22
The insurant, the insured or beneficiaries shall notify the insurer of the occurrence of the insured risks in time after they have
learned about them.
The insured refers to a person who is protected by the property or life insurance contract and who enjoys the right to insurance claims.
An insurant may be an insured.
A beneficiary refers to a person who has been designated by the insured or the insurant to enjoy the right to insurance claims. The
insurant or the insured may be the beneficiary.
Article 23
In claiming for indemnity or payment according to an insurance contract after an insured risk occurs, the insurant, the insured or
the beneficiaries are obliged to provide evidence or materials to prove the nature and causes of the contingency and losses caused
by it.
If the insurer deems the evidence or materials provided incomplete according to the agreement in the insurance contract, the insurer
shall notify the insurant, the insured or the beneficiaries and demand for additional evidence or materials.
Article 24
After receiving the claim by the insured or beneficiaries for compensation or payment of insurance money, the insurer shall make a
timely verification and notify the insured or beneficiary of the verification results; perform the obligations of compensation or
payment within ten days after reaching an agreement on the compensation or payment with the insured or beneficiaries if the case
is of insured liability. The insurer shall make compensation or payment according to the insured amount and according to the time
limit for compensation or payment as agreed in the insurance contract.
If an insurer has failed to perform the obligations provided for in the preceding paragraph, the insurer shall compensate for the
losses arising therefrom in addition to the payment of insurance money.
No entity or individual is allowed to illegally interfere in the performance by the insurer of the liabilities to compensation or
payment; nor shall it limit the right of the insured or beneficiaries from obtaining the insurance money.
The insured amount refers to the maximum amount for compensation or insurance money payment to be paid by the insurer.
Article 25
If the insurer does not deem a contingency as insured liability after receiving the claims for compensation or insurance money from
the insured or beneficiaries, the insurer shall issue a notice to insured or beneficiaries of the refusal of the claim.
Article 26
The insurer shall pay in advance according to the minimum amount determined by the evidence or materials if the amount for compensation
or payment cannot be determined within 60 days starting from the date of receiving the insurance claims and related evidence and
materials. The differences shall be made up for after the insurer finally determines the amount of compensation or payment.
Article 27
The right to claims for compensation or insurance payment by the insured or beneficiaries covered by insurance other than life insurance
shall cease to exist if it is not exercised within two years starting from the date when the insured risk is known.
The right to claims for compensation or insurance payment by the insured or beneficiaries covered by life insurance shall cease to
exist if it is not exercised within five years starting from the date of the occurrence of the insured risks.
Article 28
If the insured or beneficiaries falsify the occurrence of insured risks which have not occurred and claim for compensation or insurance
payment, the insurer has the right to terminate the insurance contract, with the insurance premiums not to be returned.
If the insurant, the insured or beneficiaries deliberately fabricate the occurrence of the insured risks, the insurer has the right
to terminate the insurance contract and shall refuse to perform the obligations of compensation or insurance payment, except otherwise
provided for in the first paragraph of Article 64 of this law, with the insurance premiums not to be returned.
If, after an insured contingency occurs, the insurant, the insured or beneficiaries are found to have forged or fabricated related
certificates, materials or other evidence to prove the causes of the insured risks or for exaggerating the losses, the insurer shall
not compensate or pay for the part falsified.
If the insurant, the insured or beneficiaries are found to have committed one of the acts listed in the preceding three paragraphs
that have caused the insurer to pay the insurance money or other expenses, the payment shall be returned or compensated for.
Article 29
If an insurer transfers part of a liability assumed to another insurer, it is re-insurance.
At the request of the re-insurance underwriter, the re-insurer shall make representations of its own liabilities or the related information
of the original insurance to the re-insurance underwriter.
Article 30
The re-insurance underwriter shall not claim for the payment of premium from the insurant of the original insurance contract.
The insured or beneficiaries of the original insurance contract shall not claim for compensation or insurance money from the re-insurance
underwriters.
The re-insurer shall not refuse to perform or delay the performance of the originally insured liability on the pretext of non-performance
of the re-insurance liability by the re-insurance underwriter.
Article 31
If the clauses of an insurance contract are in dispute among the insurer and the insurant, the insured or beneficiaries, the people’s
court or arbitration organizations shall make interpretations favorable to the insured and beneficiaries.
Article 32
The insurer or re-insurance underwriter shall be obliged to keep confidential the information about the operations and property as
well as the privacy of the insurant, the insured, the beneficiary or the re-insurer it has got to know in handling the insurance
business.
Section 2 Property Insurance Contract
Article 33
A property insurance contract is an insurance contract with the property or related interests as the object of insurance.
The property insurance contract that appears in this section is called “contract” for short, except otherwise specified.
Article 34
The insurer shall be notified of the transfer of the objects of insurance and the insurance contract shall be altered with the consent
of the insurer to continue to underwrite the policy. But the transport insurance contracts and contracts with otherwise agreements
are exceptions.
Article 35
When the insured liability starts for the transport insurance contract and the voyage insurance for means of transport, the parties
to the contract may not terminate the contract.
Article 36
The insured shall observe the relevant regulations on fire, safety, production operations and labor protection and protect the objects
insured.
According to the contract, the insurer may carry out safety checks of the objects insured and timely put forward written proposals
to the insurant or the insured to eliminate unsafe factors or hidden dangers.
If the insurant or the insured has failed to perform its due obligations concerning the safety of the objects insured, the insurer
has the right to demand additional insurance premiums or terminate the contract.
The insurer may, with the consent of the insured, adopt precautionary measures in order to safeguard the objects insured.
Article 37
If within the validity period of the contract, the risks of the objects of insurance have increased, the insured shall notify the
insurer in good time according to the contract and the insurer has the right to claim for additional insurance premiums or terminate
the contract.
If the insured fails to perform the obligation of notifying the insurer of the increased risks, the insurer shall not undertake to
compensation for the occurrence of the insured contingencies that occur due to the increase in the risks of the objects insured.
Article 38
The insurer shall reduce insurance premiums and return the corresponding premiums on the daily basis if any of the following cases
occurs, except otherwise provided for:
1.
The circumstances on which the premium rating is based have changed and the risks concerning the objects insured have markedly been
reduced.
2.
The insured value of the objects of insurance has markedly been reduced.
Article 39
If, before the insured liability starts, the insurant demands termination of the contract, the insurant shall pay commissions to the
insurer and the insurer shall return the premiums paid. If, after the insured liability starts, the insurant demands the termination
of the contract, the insurer may collect the insurance premiums due for the period from the date when the insured liability starts
to the date of the termination of the contract, with the remaining returned to the insurant.
Article 40
The insured value of the objects insured shall be agreed upon between the insurant and the insurer and specified in the contract or
determined according to the actual value of the objects of insurance at the time when the insured risks occur.
The insured amount shall not exceed the insured value. If it exceeds the insured value, the part in excess shall be invalid.
If the insured amount is less than the insured value, except otherwise provided for, the insurer shall undertake to compensation according
to the proportion between the insured amount and the insured value.
Article 41
The insurant of double insurance shall notify all the insurers of the double insurance.
If the insured amount of double insurance exceeds the insured value, the total amount of compensation made by all insurers shall not
exceed the insured value. Except otherwise provided for in the contract, each insurer shall undertake to compensation according to
the proportion of its insured amount in the total insured amount.
Double insurance refers to insurance contracts signed by an insurant with more than two insurers for the same objects of insurance,
the same insurable interest and the same insured risks.
Article 42
When an insured risk occurs, the insured shall be obliged to adopt all necessary measures to prevent or mitigate losses.
After an insured risk occurs, all the necessary and reasonable cost paid by the insured to prevent or mitigate the losses of the objects
insured shall be covered by the insurer. The amount undertaken by the insurer shall be calculated separately from the compensation
for the losses of the objects insured, with the maximum amount not exceeding the insured amount.
Article 43
If part of the objects insured sustains losses, the insurant may terminate the contract within 30 days after the insurer pays the
indemnities. Except otherwise provided for, the insurer may also terminate the contract. In the case in which the insurer terminates
the contract, the insurer shall notify the insured 15 days in advance and return the premiums on the part not sustaining losses to
the insured after deducting the part receivable from the date when the insured liability starts to the date when the contract is
terminated.
Article 44
If, after an insured risk occurs, the insurer has paid up all the insured amount and the insured amount is equal to the insured value,
all the rights of the objects insured sustaining losses shall be in the possession of the insurer. If the insured amount is less
than the insured value, the insurer shall retain part of the rights according to the proportion between the insured amount and the
insured value.
Article 45
If an insured risk occurs due to the damage of the objects insured by a third party, the insurer shall, starting from the date of
paying the indemnities, subrogate the insured to exercise the right to indemnities from the liable third party.
If, after the insured risk occurs as provided for in the preceding paragraph, the insured has already obtained indemnities from the
third party, the insurers may pay the indemnities in the amount after the indemnities paid by the third party to the insured are
deducted.
The subrogation of the insurer to exercise the right to claim for indemnities according to the provisions of the first paragraph of
this article shall not affect the right of the insured to claim for indemnity from the third party on the part not compensated for.
Article 46
If, after an insured risk occurs, the insured has forfeited the right to claim for indemnities from the third party before the insurer
pays the insurance money, the insurer shall not undertake to indemnities.
If, after the insurer has paid indemnities to the insured, the insured forfeits the right to indemnities from the third party, without
the insurer’s consent, the act is invalid.
If, due to the fault of the insured, the insurer cannot subrogate the insured to exercise the right to claim for indemnities, the
insurer shall reduce the payment of insurance money correspondingly.
Article 47
Except the family members or other members of the insured deliberately cause the insured risk to occur as provided for in the first
paragraph of Article 44 of this law, the insurer shall not subrogate the family members or other members of the insured to exercise
the right to indemnity claims.
Article 48
When the insurer exercises the right of subrogation to indemnity claims, the insured shall provide the insurer with necessary documents
and the related information in its knowledge.
Article 49
The necessary and reasonable expenses paid by the insurer and the insured for investigating and establishing the nature and the causes
of the insured risks and the losses of the objects of insurance shall be covered by the insurer.
Article 50
The insurer shall, according to the provisions of law or the agreement in the contract, directly pay insurance money to the third
party if damages are caused by the insured covered by the liability insurance.
Liability insurance refers to insurance that makes the liability to indemnities of the insured to the third party as the object.
Article 51
If the insured risk that has caused harm to the third party due to the insured is brought for arbitration or before the court, the
necessary and reasonable expenses as arbitration fees or the litigation expenses paid by the insured shall be covered by the insurer.
Section 3 Life Insurance Contract
Article 52
A life insurance contract is an insurance contract that takes the life and body of persons as the objects of insurance.
The life insurance contract is called “contract” for short except otherwise specified.
Article 53
An insurant shall have the insurable interest for the following people:
1.
The insurant himself;
2.
Spouse, children and parents;
3.
Other members of the family or blood relatives other than those specified in the preceding paragraph for whom the insurant has or
shares the obligations of support.
Except the provisions of the preceding paragraph, if the insured agrees to let the insurant to sign the contract for him, the case
shall be regarded as the insurant having insurable interest in the insured.
Article 54
If the age of the insured stated by the insurant is not true and the true age does not conform to the age limit agreed in the contract,
the insurer may void the contract and return the insurance premium after deducting the commissions, except when the time has exceeded
two years starting from the date of the conclusion of the contract.
If the insurance premium paid by the insurant is less than what is payable due to the misstatement of age on the part of the insurant,
the insurer has the right to correct and demand retroactive payment of premiums from the insured or pay the insurance money according
to the proportion of the premiums actually paid and the premiums payable.
If the insurance premium paid by the insurant is more than what is payable due to the misstatement of age on the part of the insurant,
the insurer shall return the premiums in excess of the due amount.
Article 55
The insurant is not allowed to take out the whole life policies for people incapable of civil acts; neither shall the insurer underwrite
such policies.
But the cases in which parents take out life insurance policies for their children not coming of age are not limited by the preceding
provisions. But the lump sum settlement upon the death of the insured shall not exceed the limit set by the insurance supervision
and administration department.
Article 56
A contract that makes death as the conditions for payment of proceeds shall be invalid without the written approval of the insured
for the contract and the insured amount.
The insurance policies issued according to the contract that makes death as the conditions for payment of proceeds shall not be transferred
or used as mortgage without the written approval of the insured.
But the life insurance taken by parents for their children not coming of age is not limited by the provisions in the first paragraph
of this article.
Article 57
After a contract comes into effect, the insurant may pay the insurance premium by a lump sum or by installments as agreed upon in
the contract.
If a contract provides for the payment of premium in installments, the insurant shall pay the first payment of premiums at the time
when the contract is signed and pay the rest according to the time limit set in the contract.
Article 58
After the insurant pays the first payment of premiums according to contract that provides for premium payment in installments, but
the insurant fails to pay the premium of the period within 60 days of the prescribed period, the contract shall become void or the
insurer shall reduce the insured amount according to the conditions provided for in the contract.
Article 59
In the case of the void of the contract as provided for in the preceding article, the effect of the contract may be restored after
the insurer and the insured reach agreement through consultation and the insurant pays the premium retroactively. However, in the
case when the two sides fail to reach agreement within two years after the termination of the contract, the insurer has the right
to terminate the contract.
If the contract is terminated as provided for in the preceding paragraph, the insurer shall return the cash value of the insurance
policies as agreed upon in the contract if the insurant has paid up insurance premium for more than two full years. If the insurant
has not paid up the premium for two years, the insurer shall return the premium paid after deducting the commissions.
Article 60
The insurer shall not demand payment of premiums for life insurance by taking legal actions.
Article 61
The beneficiaries of life insurance shall be designated by the insured or the insurant.
In appointing beneficiaries, the insurant shall get the approval of the insured.
If the insured is a person incapable of civil acts or whose capability of civil acts is restricted, the guardian shall appoint the
beneficiaries.
Article 62
The insured or the insurant may appoint one or several persons as beneficiaries.
In the case of several beneficiaries, the insured or the insurant may determine the order and shares of the benefit among them. If
the share of benefit is not determined, the beneficiaries shall share the benefit equally.
Article 63
The insured or the insurant may change the beneficiaries and notify the insurer in writing.
The insurer shall take notes on the insurance policies after receiving the written notice on the change of the beneficiaries. In changing
the beneficiaries, the insurant shall get the consent of the insured.
Article 64
After the death of the insured, the insurance money shall be treated as the legacy of the insured and the insurant shall perform the
obligation of paying the insurance money to the inheritors of the insured if any of the following cases occurs:
1.
Beneficiaries are not appointed;
2.
The beneficiaries die before the insured and there are no other appointed beneficiaries;
3.
The beneficiaries lose the right to the insurance benefit according to law or forfeit the right to benefit and there are no other
beneficiaries.
Article 65
If the insurant or the beneficiaries deliberately cause the death, injury or sickness of the insured, the insurer shall not undertake
to pay the insurance money.
If the insurant has paid up insurance premiums for more than two full years, the insurer shall, according to the provisions of the
contract, return the cash value of the policies to the other beneficiaries enjoying the right to benefit. If a beneficiary deliberately
causes the death or injury of the insured or deliberately and unsuccessfully murders the insured, the beneficiary shall lose the
right to the benefit.
Article 66
If the insured to the contract that takes the death of the insured as the condition of payment commits suicide, the insurer shall
not undertake to pay the insurance, except the cases provided for in the second paragraph of this article, but the insurer shall
return the insurance premiums paid by the insurant according to the cash value of the policy.
If the insured commits suicide two years after the contract that takes death as the condition of payment is signed, the insurer shall
pay the insurance according to contract.
Article 67
If the insured deliberately commits crimes that lead to its own injury or death, the insurer shall not undertake to insurance payment.
If the insurance premium has been paid for more than two full years, the insurer may return the cash value according to the policy.
Article 68
If a person covered by life insurance dies, is injured or sick due to the acts of any third party, the insurer shall not be enpost_titled
to recover from the third party after paying insurance to the insured or beneficiaries. But the insured or the beneficiaries shall
have the right to claim compensation against the third party.
Article 69
If a contract is terminated by the insurant, who has paid up premiums for more than two full years, the insurer shall return the cash
value of the policies within 30 days starting from the date of receiving the notice of contract termination. If the premium has been
paid for less than two full years, the insurer shall return the premium after deducting the commissions according to the provisions
of the contract.
Chapter III Insurance Company
Article 70
Insurance companies shall adopt the following organizational forms:
1.
Joint stock company;
2.
Wholly state-owned company.
Article 71
The opening of an insurance company shall get the approval of the insurance supervision and administration department.
Article 72
The opening of an insurance company shall meet the following requirements:
1.
It shall have articles of association as provided for by this law and the company law;
2.
It shall have the minimum registered capital provided for in this law;
The State Administration of Taxation
Official Reply of the State Administration of Taxation on Tax Treatment towards Income from Relocation Compensation Received by Enterprises
with Foreign Investment and Foreign Enterprises
The State Administration of Taxation
January 29, 2003
Guangdong State Tax Bureau:
Your Request for Exemption of Enterprise Income Tax on the Income of Relocation Compensation Received by ShanWeiJianSheng Abalone
Company Ltd (YueGuoShuiFa [2002] No.321) has been duly received. The Official Reply is hereby made, after discussion, on tax treatment
towards the income from relocation compensation received by an enterprise with foreign investment or a foreign enterprise (hereinafter
referred to as the “Enterprise”) for relocation due to various reasons:
I.
For the Enterprise receiving income from relocation compensation, where after relocation, which will re-purchases or builds fixed
assets same or similar to those before relocation (hereinafter referred to as the “replacement fixed assets”), the surplus reached
after deducting depreciated net value of the various dismantled fixed assets and disposal expenses thereof from the amount of above
income of relocation compensation plus proceeds realized in sales of the various dismantled fixed assets shall be used to set-off
the original price of the replacement fixed assets of the Enterprise.
II.
For the Enterprise receiving income of relocation compensation, where after relocation, which will no longer re-purchases or builds
fixed assets same or similar to those before relocation, then the surplus reached after deducting depreciated net value of the various
dismantled fixed assets and disposal expenses thereof from the amount of above income of relocation compensation plus proceeds realized
in sales of the various dismantled fixed assets shall be listed in the taxable income of the Enterprise in current period, upon which
Enterprise income tax shall be paid after calculation, according to Article 44 of the Rules of Implementation of the Income Tax
Law of the Enterprises with Foreign Investment and Foreign Enterprises of the People’s Republic of China.
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