The People's Procuracy of Ha Nam province has just approved the decision to prosecute the accused, the arrest warrant for temporary detention, and the search warrant for the residence and workplace of Nguyen Trung Kien (born in 1978), Head of Sales Department No. 1 of Bao Viet Ha Nam Company, for the crime of "Abusing position and power while performing official duties" as prescribed in Clause 2, Article 356 of the Penal Code.
Accordingly, taking advantage of the regulations on agents being paid commissions and support money when participating in insurance sales, in 2019, 2020, and 2021, Nguyen Trung Kien declared insurance contracts directly sold by Kien as insurance contracts sold by agents of Bao Viet Ha Nam Company.
The investigation agency executed an arrest warrant to detain Nguyen Trung Kien.
Kien then directed his staff to process commission payments, support payments, and sign false receipts for agents. Kien used the payment to discount insurance prices for customers to increase insurance sales, resulting in higher revenue.
Initial investigation documents determined that Kien declared and made payment procedures for commissions and support money for a number of agents who did not participate in selling insurance, causing damage to Bao Viet Insurance Corporation totaling nearly 687 million VND.
It is known that Bao Viet Ha Nam Company, located in Quang Trung Ward, Phu Ly City (Ha Nam Province), is a unit under Bao Viet Insurance Corporation, a one-member LLC with 100% charter capital invested by Bao Viet Group.
During the business process, Bao Viet Ha Nam Company has the right to sign contracts with individuals (who meet the requirements) to act as insurance agents for the Company to carry out activities including selling insurance.
According to the provisions of Article 85 of the Law on Insurance Business 2000, Article 85 of Decree No. 73/2016/ND-CP dated July 1, 2016 of the Government and the Insurance Agency Contract signed between Bao Viet Ha Nam Company and insurance agents, insurance agents are entitled to commissions and support money when performing the following activities: Introducing and offering insurance; arranging the conclusion of insurance contracts; collecting insurance premiums; arranging for insurance compensation when an insurance event occurs; performing other activities related to the implementation of insurance contracts.
For sales staff of Bao Viet Ha Nam Company, when selling insurance, they do not receive commission or support money like agents.
The case is currently under investigation to clarify the criminal acts of the accused and the responsibilities of related individuals and organizations for handling according to the provisions of law.
(Source: Tien Phong)
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