中国保险与风险管理研究中心 China Center for Insurance and Risk Management Development and Regulation of China's Insurance Market Bingzheng Chen Sharon Tennyson Maoqi Wang Haizhen Zhou Content • 1. Introduction • 2. China’s Insurance Market •2.1 Market Size and Development •2.2 Insurance Market Structure • 3. China’s Insurance Regulatory System • 4. Evolution of Insurance Regulation and Supervision •4.1 Capital utilization regulations •4.2 Solvency Regulation •4.3 The Insurance Protection Fund •4.4 Market Surveillance •4.5 Disclosure and Consumer Protection • 5. New Perspectives of Insurance Regulation in China 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation Introduction • A fast-developing market • An opening, modernizing regulatory system • A special Political-Economic Scheme • Why is China regulating Insurance Industry like this? • How should we study China’s Insurance Regulation • What is the future of China’s Insurance Regulation 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation China’s Insurance Market Annual Insurance Premiums, yuan, billion GDP Growth, nominal, % 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 0.00 1996 0.00 1995 200.00 1994 0.10 1993 400.00 1992 0.20 1991 600.00 1990 0.30 1989 800.00 1988 0.40 1987 1000.00 1986 0.50 1985 1200.00 1984 0.60 1983 1400.00 1982 0.70 1981 1600.00 1980 0.80 Premium Growth Rate, nominal, % • Rapid Growth Rate nominal insurance premiums increased from 460 million yuan in 1980 to 1.45 trillion yuan in 2010, an average annual premium growth rate of over 30%, compared to a nominal GDP growth rate of 16%. 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation China’s Insurance Market 25.00 X: insurance density Y: insurance penetration Size: insurance premium 20.00 15.00 10.00 China 5.00 0.00 0.00 1000.00 2000.00 3000.00 4000.00 5000.00 6000.00 7000.00 8000.00 Insurance Market of Each Country • Still Un-Developed China ranked 61st in insurance density and 39th in insurance penetration among world economies in 2010. 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation China’s Insurance Market Year Insurance Provincial Companies Subsidiaries Branches HHI of China’s HHI of China’s Non-life Insurance Life Insurance Market Market 2001 36 - - 5700 4150 2004 60 - - 3900 3200 2007 102 941 57191 2400 2400 2010 126 1294 68061 1850 1800 • Relatively Concentrated In 2010 the non-life insurance HHI was 1850 and the HHI for life insurance was 1800. U.S. Department of Justice merger guidelines categorize markets with HHI greater than 1800 as “concentrated” (DOJ/FTC 1997). 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation China’s Insurance Regulatory System People's Bank of China 1949 Ministry of Finance 1952 1979 People's Bank of China People's Bank of China-Insurance Division 1995 China Insurance Regulatory Committee 2009 1998 The Insurance Law of People's Republic of China 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation The New Insurance Law of People's Republic of China China’s Insurance Regulatory System The National People's Congress Government The State Council China Insurance Regulatory Commission Regulator Branch Offices Branch Offices Branch Offices Branch Offices Insurance Companies Insurance Intermediaries Consumers Legal Supervision Social Monitoring Market Players Self-discipline Mechanism 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation Evolution of Insurance Regulation and Supervision • 4.1 Capital utilization regulations “Insurance Law” “Temporary Regulations on the Securities Investment Fund of Insurance Companies ” “Temporary Regulations on Securities Investment of Insurance Institutes” “Administrative Measures on Indirect Investment in Infrastructure Projects Pilot of Insurance Capital” “Temporary Administrative Measures of Overseas Investment of Insurance Capital” the Second Revision of the “Insurance Law” 1995 Only in bank deposits, government bonds, financial bonds and other funds stipulated by the State Council 1999 Could in security funds, but the proportion and qualification of these investment should be approved by the CIRC. 2004 Could invest in securities through market subscription and the secondary market transactions. 2006 Infrastructure projects. The balance of investment should not exceed5% the total assets in the last quarter of a life insurance company, while 2% for a property insurance company. 2007 Could make foreign investment with the foreign reserves of its own or purchased from banks. 2009 Insurance companies could invest in real estate. “Temporary Administrative Measures of Utilization of Insurance 2010 Capital” Security and security funds investment should not exceed 20%; the proportion of real estate investment should not exceed 10%; The sum of real estate related securities investment should not exceed 3%; the proportion of real estate and real estate related securities investment should not exceed 10%, etc. 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation Evolution of Insurance Regulation and Supervision • 4.2 Solvency Regulation “Insurance Law” 1995 Entry into WTO 2001 The Insurance Law modification 2002 2008 only basic guidelines regarding minimum solvency requirements for insurance companies A ratio-based solvency monitoring system, specifying the calculation of ratios, and standards for recognizing assets. It also established measures for dealing with distressed or insolvent insurance companies Additional strengthening of this system by revising the solvency ratios and requiring insurers to submit a periodic report on solvency ratios a dynamic risk-based solvency regulatory framework consistent with international standards. 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation Evolution of Insurance Regulation and Supervision • 4.3 The Insurance Protection Fund 2005 China established an insurance guaranty fund (the Insurance Protection Fund, IPF) in January 2005. The fund was initially managed by CIRC under the oversight of an IPF Council consisting of representatives of insurance companies, the Legislative Affairs Office of the State Council, Ministry of Finance, the People’s Bank of China and others. 2007 China Insurance Protection Fund Ltd. Co. was established. 2008 established rules for the major business operations, governance structure, financing and information sharing activities of the Protection Fund management company. 2011 •Xinhua Life Insurance Company, CEO fraud problem, 22% percent of its shares, successful rescue action •China United Insurance Company, historical poor performance, 57%, not completed yet 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation Evolution of Insurance Regulation and Supervision • The trend of regulatory evolution: • Modernized • Internationalized • Consumer-based “the regulators used to be the coaches of the industry, who are concerned with building the market; but in the new era, insurance regulators should act more like judges, whose efforts should change from market construction to market supervision” -- Dingfu Wu, former president of CIRC, 2010 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation New Perspectives of Insurance Reg. in China 1. How should we position China’s Insurance Regulator? • Public Interest Theory (Social Planner) • Private Interest Theory (Rent Seeking, Capture or special interest?) 2. Does the Regulator have Institutional Weakness? • Limited Regulatory Capacity • Limited Accountability • Limited Commitment • Limited Fiscal Efficiency 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation 率先获得AACSB和EQUIS两大全球管理教育顶级认证的中国内地商学院 The first school on the Chinese mainland to attain both AACSB and EQUIS accreditation