人身保险销售将迎新规 重点解决行业痛点

Life insurance sales will meet the new regulations and focus on solving the pain points of the industry

近日，银保监会向保险机构下发《人身保险销售行为管理办法（征求意见稿）》（下称“意见稿”）。该意见稿共8章，细分为85条，合计超过1.5万字，涵盖了人身险销售行为的方方面面。

Recently, China Banking and Insurance Regulatory Commission issued the Measures for the Administration of Life Insurance Sales Behavior (Draft for Soliciting Opinions) to insurance institutions (hereinafter referred to as the "Draft for Opinions"). The opinion draft consists of 8 chapters, subdivided into 85 articles, totaling more than 15,000 words, covering all aspects of personal insurance sales behavior.

目前人身险贡献了保险业超七成保费收入，从业人员数量巨大。统计数据显示，2021年人身险保费收入达3.3万亿元；截至2021年末，全国保险销售人员达641.9万人。在险企人士看来，意见稿一旦正式落地，将对行业和从业人员产生深刻且广泛的影响。

At present, personal insurance contributes over 70% of the premium income of the insurance industry, and the number of employees is huge. Statistics show that the personal insurance premium income in 2021 reached 3.3 trillion yuan; By the end of 2021, there were 6.419 million insurance salespeople nationwide. In the eyes of insurance companies, once the opinion draft is officially put into practice, it will have a profound and extensive impact on the industry and employees.

首提销售人员及产品分级

First mention sales personnel and product classification

意见稿首次提及保险销售人员及保险产品要分级管理。

For the first time, the opinion draft mentioned that insurance salespeople and insurance products should be managed at different levels.

人力分级方面，意见稿提到，“保险公司、保险中介机构应按照中国保险行业协会发布的保险销售人员销售能力资质标准，建立保险销售人员分级管理机制，对保险销售人员实施分级管理。”

In terms of manpower classification, the opinion draft mentioned that "insurance companies and insurance intermediaries should establish a hierarchical management mechanism for insurance sales personnel in accordance with the qualification standards for insurance sales personnel issued by Insurance Association of China, and implement hierarchical management for insurance sales personnel."

产品分级方面，意见稿提到，保险公司应根据人身保险产品的不同类型、复杂程度和风险水平，进行分级分类管理，按照风险从低到高的顺序依次为：第一类，意外险，健康险（除第二类列明险种外），普通型人寿保险；第二类，分红型、万能型人寿保险，年金保险，税优健康保险，费率可调的长期健康保险、长期护理险，税收递延养老保险、专属商业养老保险；第三类，投资连结型保险，变额年金保险。

In terms of product classification, the opinion draft mentioned that insurance companies should carry out classified management according to different types, complexity and risk levels of life insurance products. According to the order of risks from low to high, they are: the first category, accident insurance, health insurance (except for the second category), ordinary life insurance; The second category is dividend-paying, universal life insurance, annuity insurance, tax-excellent health insurance, long-term health insurance with adjustable rates, long-term care insurance, tax deferred pension insurance and exclusive commercial pension insurance; The third category is investment-linked insurance and variable annuity insurance.

中国精算师协会创始会员、资深精算师徐昱琛告诉记者，分级很有必要。保险销售需要掌握保险、医学等方面的专业知识，且寿险、医疗险、分红险等产品具有一定的专业门槛，若没有专业知识作为支撑，仅依靠“话术”，很容易误导投保人。意见稿的目的是引导“专业的人做专业的事”，有利于保险业健康发展。

Xu Yuchen, a founding member and senior Actuary of China Association of actuaries, told reporters that grading is very necessary. Insurance sales need to master professional knowledge in insurance, medicine and other aspects, and life insurance, medical insurance, dividend insurance and other products have a certain professional threshold. If there is no professional knowledge as a support, relying only on "script" is easy to mislead the policyholder. The purpose of the draft is to guide "professional people to do professional things", which is conducive to the healthy development of the insurance industry.

记者注意到，意见稿为保险机构留出了“缓冲时间”。意见稿规定，保险公司、保险中介机构应逐步按照中国保险行业协会制定的标准实施保险销售人员分级管理，新增保险销售人员于2023年12月31日前达到要求，现有保险销售人员于2024年12月31日前全部达到本规定要求。

The reporter noted that the opinion draft set aside a "buffer time" for insurance institutions. According to the opinion draft, insurance companies and insurance intermediaries should gradually implement hierarchical management of insurance sales personnel according to the standards formulated by Insurance Association of China, with new insurance sales personnel meeting the requirements before December 31, 2023 and existing insurance sales personnel meeting the requirements of these Regulations before December 31, 2024.

规范自保件与互保件

Standardize self-insurance parts and mutual insurance parts

除分级制度之外，意见稿还对自保件与互保件着墨较多。

In addition to the grading system, the opinion draft also has more ink on self-insurance parts and mutual insurance parts.

意见稿提到，保险公司、保险中介机构应建立自保件和互保件管理机制，防止保险销售人员通过自保件或互保件套利。“保险公司、保险中介机构不得以购买人身保险产品作为保险销售人员入司、转正或晋级的条件，不得允许自保件和互保件参与任何形式的业绩考核和业务竞赛。”

According to the opinion draft, insurance companies and insurance intermediaries should establish a management mechanism for self-insurance and mutual insurance to prevent insurance salespeople from arbitraging through self-insurance or mutual insurance. "Insurance companies and insurance intermediaries shall not purchase life insurance products as a condition for insurance sales personnel to enter the company, turn positive or advance, and shall not allow self-insurance and mutual insurance to participate in any form of performance appraisal and business competition."

对此，徐昱琛对记者表示，目前寿险业自保件、互保件规模不小，在一些极端情况下，一些业务员为完成业绩或达成业务奖励，会一年交几十万元甚至上百万元购买自家公司的保险产品。部分业务员购买自保件并非出自本意，更多来自保险公司的压力，且部分自保件的保费支出已超出保险业务员的经济承受能力。一旦业务员离职，这些自保件的继续率难以保证。

In this regard, Xu Yuchen told reporters that at present, the scale of self-insurance and mutual insurance in the life insurance industry is not small. In some extreme cases, some salesmen will pay hundreds of thousands or even millions of yuan a year to buy insurance products of their own companies in order to complete their performance or achieve business rewards. Some salesmen do not buy self-insurance parts from their original intention, but more from the pressure of insurance companies, and the premium expenditure of some self-insurance parts has exceeded the economic affordability of insurance salesmen. Once the salesman leaves, it is difficult to guarantee the continuation rate of these self-insurance parts.

强化销售适当性管理

Strengthen the management of sales appropriateness

意见稿还设置了诸多前置性制度，力图从根本上降低销售误导的行为，引导保险从业者“将合适的保险卖给合适的人”。

The opinion draft also sets up many pre-system, trying to fundamentally reduce misleading sales behavior and guide insurance practitioners to "sell the right insurance to the right people".

意见稿提到，消费者购买长期人身保险产品时，保险机构应当在投保前开展投保人保险需求分析、风险承受能力与缴费能力评估，依据分析和评估结果推介与之相适合的保险产品，使产品特点与客户需求、风险承受能力和缴费能力相匹配。

According to the opinion draft, when consumers buy long-term life insurance products, insurance institutions should carry out insurance demand analysis, risk tolerance and payment ability evaluation of policyholders before insurance, and recommend insurance products suitable for them according to the analysis and evaluation results, so as to match the product characteristics with customer needs, risk tolerance and payment ability.

意见稿列明，下列情形应建议投保人终止投保：投保人投保趸缴长期人身保险产品，支付人身保险保费超过其家庭年收入5倍的；投保人投保期缴长期人身保险产品，包括拟投保产品在内，每年支付人身保险保费的总额超过其家庭年收入50%的；投保人投保时年龄超过60岁，投保投资连结型及变额年金保险的。

According to the opinion draft, the insured should be advised to terminate the insurance under the following circumstances: the insured pays long-term life insurance products and pays life insurance premiums that exceed 5 times the annual income of his family; The insured pays long-term life insurance products during the insurance period, including the products to be insured, and the total amount of life insurance premiums paid every year exceeds 50% of the annual income of his family; The applicant is over 60 years old at the time of insurance, and is insured with investment-linked and variable annuity insurance.

规范佣金管理制度

Standardize the commission management system

意见稿还从制度层面规范了险企佣金管理制度。

The opinion draft also regulates the commission management system of insurance companies from the institutional level.

意见稿提到，佣金占总保费的比例以所售产品定价时的附加费用率为上限。“保险机构应当将佣金管理嵌入销售品质管理流程，根据销售品质管理情况、持续服务水平和质量，合理调节佣金年度支付比例及期限，提升销售规范性和服务长期性，促进可持续发展。”

According to the opinion draft, the ratio of commission to total premium is capped at the surcharge rate when pricing the products sold. "Insurance institutions should embed commission management into the sales quality management process, rationally adjust the annual payment ratio and period of commissions according to the sales quality management situation, continuous service level and quality, improve sales standardization and long-term service, and promote sustainable development."

记者了解到，过去几年，寿险公司经常被不法分子的“薅佣金”行为困扰。险企员工通过虚构人力或虚假增员，完成规定业绩量，以骗取佣金奖励；拿到佣金后，营销团伙便会退保，尽管会损失一部分保费，但佣金及管理奖励可以覆盖损失，且有盈余，产生套利空间。此次意见稿从制度层面堵住了这类漏洞。

The reporter learned that in the past few years, life insurance companies have often been troubled by the "commission" behavior of criminals. Employees of insurance companies complete the prescribed performance through fictitious manpower or false staff increase to defraud commission rewards; After getting the commission, the marketing gang will surrender its insurance. Although it will lose part of the premium, the commission and management reward can cover the loss, and there is surplus, resulting in arbitrage space. This opinion draft has blocked such loopholes from the institutional level.

意见稿直指行业痛点

The opinion draft directly points to the pain points of the industry

除上述重点之外，意见稿还提到诸多新内容，比如：鼓励银行建立专业化保险销售人员队伍，取消此前规定的险企驻点销售规定；任何机构、组织或个人不得主动向保险消费者邀约开展人身保险退保业务咨询、代办等经营活动和服务；禁止以停售为由进行宣传销售实际并未停售的产品；通过直播、自媒体账号、互联网群组等新型网络渠道开展人身保险销售的人员，应当是经保险公司、保险中介机构授权的保险销售人员等。这都是行业关注的热点。

In addition to the above key points, the opinion draft also mentioned many new contents, such as: encouraging banks to establish a professional insurance sales team and canceling the previously stipulated insurance company stagnation sales regulations; No institution, organization or individual may take the initiative to invite insurance consumers to carry out business activities and services such as personal insurance surrender business consultation and agency; It is forbidden to publicize and sell products that have not actually stopped selling on the grounds of stopping selling; Personnel who carry out life insurance sales through new network channels such as live broadcast, We Media account and Internet group should be insurance sales personnel authorized by insurance companies and insurance intermediaries. This is the focus of the industry.

多位险企人士表示，意见稿将对人身险业务产生长远的积极影响。

Many people from insurance companies said that the opinion draft will have a long-term positive impact on the personal insurance business.

北京德和衡律师事务所金融监管与合规部门主任陈劲松对记者表示，意见稿涵盖人身保险销售行为“全流程、全覆盖”，内容极其丰富。意见稿给保险机构传递的经营理念是：以消费者为中心。险企员工在展业时，需要遵循平等自愿、诚实信用原则，尊重社会公德，恪守职业道德和行为规范，充分保障保险消费者的知情权、自主选择权、公平交易权等合法权益。

Chen Jinsong, director of the Financial Supervision and Compliance Department of Beijing Deheheng Law Firm, told reporters that the opinion draft covers the "whole process and full coverage" of life insurance sales, which is extremely rich in content. The business philosophy conveyed by the opinion draft to insurance institutions is: consumer-centered. Employees of insurance companies need to follow the principles of equality, voluntariness, honesty and credit, respect social morality, abide by professional ethics and behavioral norms, and fully protect the legitimate rights and interests of insurance consumers such as the right to know, the right to choose independently and the right to fair trade.

普华永道中国金融行业管理咨询合伙人周瑾对《证券日报》记者表示，人身险业务之前存在各种销售乱象，是引发客户投诉率高、险企恶性竞争、代理人归属感不强、行业口碑不佳等问题的主要因素之一。新规旨在规范行业销售行为，对产品和销售人员进行分级管理，强化销售适当性要求，规范销售佣金和搭配销售等行为，确保保险产品与消费者的需求相匹配，禁止代理退保，以及针对潜在的不当销售情形提出了终止投保条款要求，从而建立一套覆盖销售前、中、后各环节的全链条管理标准，有利于行业长期健康发展。

Zhou Jin, management consulting partner of PricewaterhouseCoopers in China's financial industry, told Securities Daily that there were various sales chaos before the personal insurance business, which was one of the main factors causing problems such as high customer complaint rate, vicious competition among insurance companies, weak sense of belonging of agents and poor reputation of the industry. The new regulations aim to regulate the sales behavior of the industry, Manage products and sales personnel at different levels, Strengthen the requirements of sales appropriateness, Standardize sales commissions and matching sales, ensure that insurance products match the needs of consumers, prohibit agent surrender, and put forward the requirement of termination of insurance clauses for potential improper sales, so as to establish a set of whole chain management standards covering all links before, during and after sales, which is conducive to the long-term healthy development of the industry.