Trong khi đó, các chế tài xử phạt hành chính, chế tài dân sự chưa đủ mạnh để răn đe, phòng ngừa. Vì vậy, với tư cách là đơn vị cầu nối giữa doanh nghiệp bảo hiểm với cơ quan quản lý, giữa doanh nghiệp bảo hiểm và khách hàng, Hiệp hội Bảo hiểm Việt Nam (AVI) kiến nghị đưa tội danh trục lợi bảo hiểm vào Bộ luật Hình sự sửa đổi, bổ sung.
Mr. Phung Dac Loc, Tổng Thư ký Hiệp hội Bảo hiểm Việt Nam
5 differences between insurance fraud charges of fraudulent appropriation of property.
The current Criminal Code provisions, fraud, appropriation of property is an act using deceitful tricks to earn illicit profits. However, unlike the fraudulent appropriation acts, insurance fraud has new forms, expressed mainly in five acts.
First, buy insurance when the loss occurred. Typically, insurers will be based on the written request of the person insured insured, which requires honest and declare the exact reality of history or additional insured object , to accept insurance. However, in order to profit insurance, the insured person can find ways to streamline records required insurers to pay for insurance.
Typically in this case is the case of insurance for 16 tonnes of frozen shrimp export company Taifun $ 144,000 worth of goods, which are transported on the Hanjin from Vietnam to Germany. Date 11/11/2012, while cargo, Hanjin burnt. After the incident, Pham Hong T - wife Taifun Director and Director of Vietnam Thai Phong Company Limited has purchased insurance for the shipment on and claims 3.8 billion. Ms. T had committed to him V - General Director insurance companies, with 50% sharing ratio if compensation. When this behavior is brought to trial, the court had treated Ms T and Mr V with two different offenses, but not insurance fraud
Second, change the status quo, to legitimize the field of time, place, causes and extent of damage from the range not covered under the scope of liability of insurers to pay for insurance. Those are acts die from the disease declared accidental death or replace the driver, boating accidents without a license or under the influence of alcohol by others ... Typically, stroke crash of singer Le Dung, Prudential has rejected payment of insurance and spending only humanitarian assistance.
Third, there is no loss, but declared to compensate losses. Typically, the owner cum driver service Vu Dinh Q in the city. Ninh Binh do not buy insurance for trucks BKS 35N - in 7747 accidents at 21/11/2009 10:30 Day Hoa Lu (Ninh Binh) as one who died. With a clean record, full, vehicle owners have a claim on the insurance company's 5: BMI, PJICO, BIC, VASS and ABIC. However, before paying insurance, ABIC going verification of newly discovered victims, deaths due to motorcycle accident happened and how tools in the record day for 3 months. From this content, ABIC detect vehicle owner, driver deliberately insurance profiteering at 5 insurers and put 1 traffic accident causing death happened before the crash 3 months new to demand indemnify.
Or as in the case of Trade and Tourism Company in Hai Phong insurance for ships Tsikoniya 2 (2 machines) hybrid towing Shantar (broken all 4 machines) from Vlovostoc of Haiphong to scrap. Journey to the South China Sea storms do Shantar ship sank. The Court of First Instance concluded Haiphong, Bao Long to compensation rules because no insurance coverage tugboats pulling, but Bao Long has sold insurance on the vessel.
Consultation of the Vietnam Insurance Association for the appellate court to review the proposal actually Shantar ships sank or not (real loss or not). If two tugboats pulling together to meet storms, both 2 and sink. If the storm did not hear any more tugs, the damage is the responsibility of tugboats pulled. Interpol investigation results showed that the ship was sunk actual declarations are still active in the Korean waters.
Fourth, increase or major declaration to claim compensation for damage, as is the case with cough, common cold still has records inpatient hospitalization from 10-20 days; Car crashes into repair replacement parts for damaged caused by accident; declaring the value of goods burnt due to not leave traces ...
Fifth, the self-destruction of property, and the body to be compensated, such as self-incendiary case of automobiles, the car plunged into the region, deliberately incendiary electrical goods warehouse lose value or target sold in the market. Typical is the case of Mr. K in Hung Yen elephantiasis sick to buy insurance, then create traffic accident in the hospital cut elephantiasis proposal is not accepted, the final implementation 5 Ninh Hospital Binh to claim compensation
Harmful effects of insurance fraud
Status of insurance fraud are increasingly common in many services. According to the insurer, in 2007 - 2014 were 64,000 cases detected insurance fraud totaling 850 billion profit, the average of 110 billion / year, an increase of 31.5% on average /male. The harmful effects of insurance fraud has a direct impact to the insurer, the insured and the whole economy.
For the insured, will have to contribute an amount of premium for insurance fraud behavior undetected to claim settlement. This also makes the Fund's insurance businesses are socialized by premium income does not comply with the principle of the fresh leaves (the insured person is not lost) hub torn leaves (the insured person does not garment risk, losses).
For insurers. The increase in the prevention of insurance fraud (inspection, verification, investigation records questionable documents) lengthen the time of compensation, increase the "suspicion" required records compensation should be sent. From there to discredit the customer for the delay.
For the economy - social, insurance fraud weakening economic shield of the Fund from an insurer has been socialized to contribute to the social welfare policies of the State compensation for organizations and individuals to risks of natural disasters, accidents happen. Channel to attract investment and long-term insurance, especially life insurance, with premium contracts and idle for years been investing in the social economy were drawn by the pay increase for consequences of insurance fraud.
There should be criminal charges : insurance fraud
These acts of insurance fraud are very sophisticated as above for the full accident records , legitimized by time , place, cause, extent of damage and other documents matching content compensation insurance .
The claimant himself can not legitimize the whole dossier , which must have inadvertently abetting ( trusted relatives for reasons other than the reasons insurance fraud ) or intentionally provide necessary documents in the claim file ( such as from doctors , hospitals , authorities , inspection bodies ... , even from the agent and insurance agent )
This makes it difficult for the investigation, difficult to find to prosecute crimes investigation. There are profiteering cases including charges of using fake stamp papers, provide false papers (abuse of power), the scene tampering, fraud, self-destructive health properties. .., it is difficult to investigate prosecute insurance fraud people, forcing them a crime in the Criminal Code applicable to the survey.
The inclusion of an offense in the Criminal Code amendments are tough measures and the most efficient way to prevent insurance fraud. Meanwhile, insurance fraud detection does not need to consider the elements of the other crimes provided for in the current Criminal Code (fraud, misappropriating, abusing positions and powers, counterfeiting seals papers. ..), as many as vultures do not get offense on synthetic or acquired many different crimes.
Counts of insurance fraud , " to gain illicit profits from insurance operations " are easy to identify, easy closing groundless charges of insurers to propose prosecution investigation , authorities easily to the .
There are charges of insurance fraud to the public as easily criticize , condemn , or even to denounce it . This conviction makes vultures insurance awareness level of treatment as violations , contributed to deter , prevent insurance fraud