People's Republic of China 35th President
People's Republic of China Law on social insurance by the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 17th meeting on October 28, 2010, are hereby promulgated and take effect on July 1, 2011.
People's Republic of China President Hu Jintao
The October 28, 2010
People's Republic of China social security law
(October 28, 2010, adopted at the 17th meeting of the Standing Committee of the 11th NPC)
Directory
Chapter I General provisions
Chapter II basic old-age insurance
Chapter III basic medical insurance
The fourth chapter of industrial injury insurance
The fifth chapter of unemployment insurance
The sixth chapter of birth insurance
Seventh chapter, collection and payment of social security
The eighth chapter of social insurance funds
Nineth chapter social insurance
The tenth chapter social security supervision
The 11th chapter legal liability
12th chapter supplementary articles
Chapter I General provisions
First in order to regulate the relationship between social security, safeguarding citizens ' legitimate rights and interests of social insurance and social security treatment, enabling citizens to share the fruits of development, promoting social harmony and stability, according to the Constitution, this law is enacted.
State shall establish a basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance, maternity insurance and other social security systems to protect citizens in old age, sickness, employment injury, unemployment and child case law such as the right to material assistance from the State and society.
Article adhere to the broad coverage of the social security system, security, multi-layer, sustainable approach, the level of social insurance should be commensurate with the level of economic and social development.
Fourth People's Republic of China territory of employers and individuals pay social insurance fees, record the right to seek payment records, personal interests, social insurance agencies provide insurance consulting and other related services.
Individuals enjoy social insurance treatment according to law the authority to supervise the unit for its payment.
Fifth people's Governments above the county level will social security project into the national economy and social development plan. States to raise social security funds through various channels.
The people's Governments above the county level shall give the necessary financial resources to social insurance support.
Countries through preferential tax policies to support social security.
The sixth State shall exercise strict supervision of social insurance funds.
State Council and provinces, autonomous regions and municipalities to establish a sound social insurance fund supervision and management system to ensure safe and effective operation of social insurance fund.
The people's Governments above the county level shall take measures to encourage and support all aspects of community participation in the supervision of social security funds.
The seventh Social Security Administration Department under the State Council is responsible for the national social security administration, and other relevant departments of the State Council of social insurance work is undertaken within their respective areas of responsibility.
Local Social Security Administration Department of the people's Government at or above the county level responsible for the administration of the social security administration, local people's Governments at or above the county level in other relevant sectors within the scope of their respective duties and responsibilities relating to social insurance work.
Eighth, social insurance agencies provide social insurance services, responsible for social insurance registration, record personal interests, insurance payments, and so on.
The Nineth trade unions shall safeguard the legitimate rights and interests of workers, the right to participate in social security research on major issues of, social security supervision committees on matters relating to the social security rights of workers to supervise.
Chapter II basic old-age insurance
Tenth worker should be participating in the basic old-age insurance, jointly by employers and employees pay the basic old-age insurance premiums.
No employee of individual businesses, not employers participating in the basic old-age insurance for part-time employees and other flexible employment personnel participating in the basic old-age insurance, individual pay basic old-age insurance premiums.
Civil servants and civil service management staff of endowment insurance approach formulated by the State Council.
11th basic old-age insurance practice combines social pool and personal accounts.
The basic old-age insurance fund by the employer and individual contributions and Government subsidies and so on.
12th the employer shall, in accordance with the proportion of employees ' wages in the State pay the basic old-age insurance premiums credited to basic old-age insurance fund.
Employees shall be paid the percentage of wages in accordance with State regulations the basic old-age insurance, credited to the individual account.
No employee of individual businesses, not employers participating in the basic old-age insurance for part-time employees and other flexible employment personnel participating in the basic old-age insurance, basic endowment insurance shall be paid in accordance with State regulations, respectively, to the basic old-age insurance fund and individual accounts.
The 13th before the State-owned enterprises, and workers participating in the basic old-age insurance, with the basic old-age insurance during the period of contributions shall be paid by the Government.
Basic old-age insurance funds pay low, subsidies from the Government. 14th personal account shall not be paid in advance, account shall not be lower than fixed-term deposit rates, shall be exempt from tax on interest.
Death, personal account balances can be inherited.
15th basic pension composed of pensions and personal pension accounts.
Basic pension based on individual cumulative period of contributions, payment of wages, local worker wages, personal account factors such as average life expectancy, urban population.
Individuals participating in the basic old-age insurance of the 16th article, cumulative payment upon reaching the statutory retirement age for 15 years, receiving a monthly pension.
Individuals participating in the basic old-age insurance, today payment upon reaching the statutory retirement age less than 15 years, 15 years ' contributions to, monthly basic pension payments can also be transferred to the new type of rural social old-age insurance or endowment insurance system for urban residents, under the State Council shall enjoy the old-age insurance benefits. 17th participating in the basic old-age insurance of individuals, due to sickness or death, survivors can receive funeral benefits and pensions; without reaching the legal retirement age because of illness or non-work-disabled completely incapacitated, are eligible for disability allowance.
The funds paid from the basic old-age insurance fund. 18th national basic pension adjustment mechanism.
According to the workers ' average wage growth, rising prices, raise the level of basic old-age insurance benefits at the right time. Article 19th cross-employment and Manpower, its basic old-age insurance as I transfer period of contributions accumulated. When the individual reaches the statutory retirement age, calculation, unified payment of basic pensions segment.
Specific measures shall be formulated by the State Council.
20th State shall establish and improve the new rural social pension insurance system.
New type of rural social old-age insurance personal contributions combined, collective benefits and Government subsidies.
21st new rural social old-age insurance benefits basic pension and personal account form.
Participate in the new rural social pension insurance in rural residents in line with conditions set by the State, receiving a monthly new type of rural social old-age insurance benefits.
The 22nd State to establish and improve the system of social old-age insurance for urban residents.
According to the actual situation of the provinces, autonomous regions and municipalities, urban social endowment insurance and the new type of rural social old-age insurance implementation of the merger.
Chapter III basic medical insurance
23rd workers participating in basic medical insurance, paid jointly by employers and employees in accordance with State regulations basic medical insurance premiums.
No employees self-employed, not employers ' participation in the part-time employee's basic medical insurance in China and other flexible employment personnel's participation in employees ' medical insurance, basic health insurance paid by individuals in accordance with State regulations.
24th State establishment and perfection of new rural cooperative medical care system.
New rural cooperative medical management, stipulated by the State Council.
25th State to establish and improve the system of basic medical insurance for urban residents.
Basic medical insurance for urban residents to implement combining individual contributions and Government subsidies.
Enjoy minimum living guarantee, loss of ability to work for persons with disabilities and low-income families, 60 years of age or older and personal contributions required for minors, subsidized by the Government.
26th employee basic medical insurance and new rural cooperative medical care and treatment standards for basic medical insurance for urban residents in accordance with the national regulations.
27th to participate in employee basic medical insurance individual cumulative payment upon reaching the statutory retirement age reaches age prescribed by the State, no longer pay basic medical insurance premiums after retirement, enjoy basic medical insurance treatment according to state regulations; did not reach the national period, contributions to national life.
28th in line with basic medical insurance drug list, medical projects, standards for health services and emergency care, rescue medical costs, paid from the funds of basic medical insurance according to state regulations.
29th insured medical expenses should be paid by the basic medical insurance fund in part by the social insurance agency and drug management in medical institutions, direct settlement.
Social Security Administration Department and the administrative departments for public health shall establish remote medical care system to facilitate treatment of insured persons covered by basic medical insurance.
30th the following range of medical expenses not covered by the basic medical insurance fund:
(A) shall be paid from the work injury insurance fund;
(B) shall be borne by the third party;
(C) shall be borne by the public health;
(D) overseas for medical treatment. Medical costs that shall be borne by the third party, third party does not pay or cannot determine a third party, paid by the basic medical insurance fund.
After the advance payment of the basic medical insurance fund, shall be entitled to recourse against the third party.
31st, social insurance agencies according to service needs, signed a service agreement with medical institutions, pharmaceutical trade units, to standardize medical service behavior.
A medical institution shall for the insured person to provide reasonable and necessary medical services.
Article 32nd TRANS-employment and Manpower, the basic medical insurance as I transfer period of contributions accumulated.
The fourth chapter of industrial injury insurance
Article 33rd employees should participate in the work-related injury insurance, industrial injury insurance fee paid by the employer, employees do not pay workers ' compensation insurance costs. 34th State according to the different sectors of occupational risk degree of differential rates, and use the work injury insurance fund, work-related injury rates within each industry identify rate brackets.
Differences between rates and rate levels set by the Social Security Administration Department under the State Council, after the approval of the State Council for implementation.
Employers by the social insurance agency uses the work injury insurance fund, incidence of work-related injuries and the industry rate brackets and so on, determine the employer contribution rate.
35th an employer shall, in accordance with the workers ' wages, rates paid by the social insurance agencies to determine work-related injury insurance fees.
36th employee by accident due to work injury or occupational disease, and industrial injury, work-related injury insurance benefits which identified by the work incapacity, enjoyment of disability benefits.
Identification of ascertainment and the ability to work should be simple and convenient.
37th employee because of any of the following circumstances result in casualties at work, not as a work-related injury:
(A) an intentional crime;
(B) drunk or drug abuse;
(C) self-harm or suicide;
(D) other circumstances as stipulated by laws and administrative regulations.
38th due to injuries the following costs incurred, paid from the work injury insurance fund according to state regulations:
(A) in the treatment of work-related medical and rehabilitation costs;
(B) the hospital food allowances;
(C) to co-ordinate traffic accommodation areas for medical treatment;
(D) install the configuration requirements for disability AIDS;
(E) unable to take care of after work confirmed by the Identification Commission has a nursing fee;
(Vi) a one-time disability benefits and one to four injured workers ' monthly disability allowance;
(VII) termination or termination of labor contracts, should enjoy medical benefits;
(VIII) who died and their survivors receive funeral grant, dependent relatives and fatal benefits;
(I) the work appraisal fee.
39th due to injury the following costs, paid by the employer in accordance with country:
(A) wages and benefits during the treatment of work-related injuries;
(B) grade five or grade six disabled workers receiving a monthly disability allowance;
(C) termination or termination of labor contracts, should enjoy a one-time disability employment grant. 40th injured workers eligible for pension conditions, suspension of disability allowance, access to basic old-age insurance benefits.
Basic old-age insurance benefits under the disability allowance, and make up the difference from the work injury insurance fund. 41st employee where the employer fails to pay industrial injury insurance, industrial accident, by the employers to pay employees ' insurance benefits.
The employer does not pay, paid from the work injury insurance fund. Paid from the work injury insurance fund's work-related injury insurance benefits should be reimbursed by the employer.
Employers do not pay, social insurance agencies may, in accordance with the provisions of article 63rd recovery. 42nd due to causes injury to a third person, third party does not pay employees ' health care costs or third party cannot be determined and paid from the work injury insurance fund.
The work injury insurance fund after the advance payment has the right to recourse against the third party.
43rd injured workers have one of the following, stop the work-related injury insurance benefits:
(A) loss of right to treatment conditions;
(B) refuses to accept work competency expertise;
(C) to refuse treatment.
The fifth chapter of unemployment insurance
44th employees should participate in the unemployment insurance, jointly by employers and employees in accordance with State regulations insurance premium has been paid.
45th unemployed in accordance with the following conditions, receiving unemployment insurance benefits from the unemployment insurance fund:
(A) the unemployed former employer and I have paid unemployment insurance premiums for one year;
(B) the employment of non-interrupted their own willingness;
(C) has been unemployment registration and have requested new jobs. Article 46th unemployed former employer and today I pay one full year of less than five years of receiving unemployment insurance benefits for a maximum period of 12 months total less than ten years five years ' contributions, receiving unemployment insurance benefits for a maximum period of 18 months; today pay more of receiving unemployment insurance benefits for a maximum period of 24 months.
After the re-employment, unemployed again, payment time recalculation of receiving unemployment insurance compensation period and the previous unemployment duration of unemployment insurance benefits should be received but has not yet obtained the consolidation, maximum of 24 months.
47th unemployment insurance criteria, determined by the people's Governments of provinces, autonomous regions and municipalities, shall not be lower than the minimum living standards for urban residents.
48th unemployed during the period of receiving unemployment insurance compensation, participating in basic medical insurance, access to basic medical insurance treatment.
Unemployed persons shall pay the basic medical insurance premiums paid from the unemployment insurance fund, individuals do not pay medical insurance premiums. The 49th death of unemployed during the period of receiving unemployment insurance compensation, refer to local regulations on workers death, sent to lump-sum funeral allowance and pensions to their survivors.
The funds paid from the unemployment insurance fund.
Death at the same time qualify for basic old-age insurance funeral grant funeral benefits and unemployment insurance, industrial injury insurance funeral grant conditions, survivors can opt for one of the.
50th an employer shall promptly provide for workers terminated or proof of termination of labor relations, and lists of the unemployed from the end or termination of labor relations within 15th of inform the social insurance agency.
Unemployed persons shall hold this unit issued by the termination or termination of labor relations shows that time to specify the public employment service agency for registration. Unemployed persons unemployment registration and personal identity, social insurance agencies go through the formalities of receiving unemployment insurance compensation.
Unemployment insurance duration of unemployment registration since the date of calculation.
51st the unemployed during the period of receiving unemployment insurance compensation under any of the following circumstances, ceased to receive unemployment insurance benefits, and at the same time stop enjoying other unemployment insurance benefits:
(A) employment;
(B) recruitment for military service;
(C) moved to foreign countries;
(D) access to basic old-age insurance benefits;
(E) without good reason, refuses to accept the local people's Governments to specify departments or agencies on the appropriate work or provide training.
52nd employee cross-employment and Manpower, the unemployment insurance relationships with my transfer period of contributions accumulated.
The sixth chapter of birth insurance
53rd employees should participate in the maternity insurance, pay a maternity insurance in accordance with the national regulations by the employer, employees do not pay maternity insurance premiums. 54th employer had made the childbirth insurance, workers enjoyed maternity insurance benefits; unemployed spouses of workers enjoy maternity medical treatment according to state regulations.
Funding from paid maternity insurance fund.
Maternity insurance benefits including maternity medical care and maternity benefits.
55th birth medical expenses include the following:
(A) reproductive health-care costs;
(B) family planning medical expenses;
(C) the laws, regulations and other project costs.
56th workers have one of the following, you can enjoy maternity benefits according to state regulations:
(A) childbirth, female workers shall enjoy maternity leave;
(B) access to family planning operations leave;
(C) other circumstances as stipulated by laws and regulations.
Annual employee on a maternity allowance in accordance with the employer where the employee salary calculation.
Seventh chapter, collection and payment of social security 57th employing unit shall be established within 30th of licence, registration certificate or seal, to register with the local social insurance agency to apply for social security.
Social insurance agencies shall from the date of receipt of the application within the 15th to audits, issuance of social insurance registration documents.
Change of registered particulars of employer social security or employer terminated according to law, shall from the date of modification or termination in the 30th, to social insurance agencies go through the modification or cancellation of social insurance registration.
Administration for industry and commerce, civil affairs departments and agencies staffing management organ shall promptly communicate to the social insurance agency the employer's establishment, termination, the public security organ shall promptly communicate to the social insurance agency of birth, death, migration and household registration, cancellation, and so on. 58th the employing unit shall, from the date of employment in the 30th for its employees to register with the social insurance agency to apply for social security.
Do not register with the social security, approved by the social insurance agency shall pay social insurance fees.
No employee of the voluntary social insurance of self-employed, part-time not employers ' participation in social security practitioners and other flexible employment personnel, shall be registered to the social insurance agency to apply for social security. Country to establish a unified national personal social security number.
Personal social security number identification number for citizens.
59th the people's Governments above the county level shall strengthen the collection of social insurance contributions.
Social insurance fee is imposed by the implementation of an integrated, implementation procedures and the specific measures formulated by the State Council. Employer shall declare the 60th article, in full and on time payment of social insurance premiums, not due to force majeure such as statutory subject matter shall not be held over, relief.
Social insurance contributions shall be paid by the employer on behalf of employees withholding, employer shall pay social insurance fees on a monthly breakdown of the I.
Self-employed with no employees, not employers ' participation in social security of part-time workers, as well as other flexible employment, social insurance contributions directly to the collection agency to pay social insurance fees.
The 61st is imposed by the social insurance institution shall impose social insurance contributions in full and on time, and will be fees regularly inform employers and individuals.
62nd employers not complying with the obligation to declare the payment of social insurance premium amount, determined in accordance with 110% of the contributions last month shall pay the amount after the units go through the formalities of payment and collected by the social insurance institution in accordance with the provisions of the settlement.
63rd the employer fails to pay the social insurance premium, paid or collected by the social insurance institution order the deadline up. Employer tax overdue of payment of social insurance contributions or make up, is imposed by the social insurance agency can provide banks and other financial institutions to query their account and allocation of social insurance contributions apply to the relevant administrative departments at and above the county level for decision, written notice to the Bank or other financial institution to transfer social insurance contributions.
Employer account balance is less than the payment of social security contributions, is imposed by the social insurance institution may require the employer to provide security, enter into a deferred payment agreement.
Employer fails to pay the social insurance premiums and are not guaranteed, is imposed by the social insurance institution may request the people's Court seizure, seizure, auction property of their worth should pay social insurance fees, proceeds from the sale against payment of social insurance.
The eighth chapter of social insurance funds 64th social insurance funds, including the basic old-age insurance, basic medical insurance fund, employment injury insurance, unemployment insurance and maternity insurance fund.
The social insurance fund according to the social insurance establish accounts, income accounts, implementation of the national unified accounting system.
Social insurance funds earmarked, no organization or individual may seize or divert.
Basic old-age insurance fund the progressive introduction of the national co-ordination of other social security funds progressive provincial, time, steps stipulated by the State Council.
The 65th through the budget of the social insurance fund balance.
The people's Government above the county level in the social security funds paid out, subsidize it. 66th social insurance fund was established in line with the level of the budget.
Social Insurance Fund's budget presentation in the social insurance program, respectively.
67th draft social insurance fund's budget and final accounts of the preparation, review and approval, in accordance with the laws and regulations of the State Council.
68th social insurance fund into a financial account, specific measures formulated by the State Council.
69th under the prerequisite of ensuring the safety of the social insurance fund, in accordance with the provisions of the State Council investment operation and increase their value.
May not be violations of the social security fund investment operation, shall not be used to balance the Government budget, may not be used for construction, rebuilding office space and personnel expenses and operating expenses, administrative costs, or violation of laws, administrative regulations, diverted to other uses.
70th social insurance agency shall be announced to the public on a regular basis to participate in the social insurance and social security income, expenditures, savings and income situation of the Fund. The 71st country to establish a national social security fund from the central budget funds as well as funds raised by other methods approved by the State Council, and used to supplement social security expenditures, transfers.
National Social Security Fund is administered by the national social security fund management operations is responsible for the management and operation, and achieved under the prerequisite of ensuring the safety and increase their value. The national social security fund will be announced to the public on a regular basis, expenditure, management and investment operations.
Financial departments of the State, social security administration and auditing organs of the national social security fund income and expenditure monitoring implementation, management and investment operations.
Nineth chapter social insurance 72nd overall set up social insurance agencies.
Insurance agencies in accordance with the needs of society, social security administrations and agencies, where approval of the regulatory authorities, in the co-ordination area to set up branches and service outlets.
Social insurance agency assistance funds and operate social security the basic operating costs, administrative costs, be guaranteed by financial in accordance with State regulations.
73rd, social insurance agencies shall establish a sound business, financial, security, and risk management systems.
Social insurance agencies shall pay the social insurance benefits are paid on time.
74th social insurance agency business manager, statistics and surveys to obtain data required for social security, relevant units and individuals shall faithfully and promptly provided.
Social insurance agencies shall establish archives for employers in a timely manner, complete and accurate record of insured people, paying for social security data, keep the original certificate of registration, reporting and payment and settlement of accounting documents.
Social insurance agencies shall be timely, complete, accurate record of individuals participating in the social insurance contributions and the employer to pay for it, record, and enjoy social insurance benefits and other personal interests, personal interests on a regular basis records sent free himself.
Free for employers and individuals to social insurance agencies, check their contributions and to enjoy social insurance treatment records, social insurance agencies provide insurance consulting and other related services.
The 75th national social insurance information system in accordance with the unified State plan, organized by the people's Governments above the county level in accordance with the classification of the principles of the common building.
The tenth chapter social security supervision
76th levels of Standing Committee of the national people's Congress to hear and consider the people's Governments at the corresponding level of social insurance fund payments, management, investment and operation, as well as the supervision and inspection of special work reports, organized law enforcement inspection on the implementation of this law, the supervisory power according to the law.
77th Social Security Administration Department of the people's Governments above the county level shall strengthen the employer and individual compliance with the laws and regulations on social security of supervision and inspection.
Social Security Administration Department when conducting supervision and inspection, check employer and individual shall provide insurance-related information may not refuse the inspection, or misrepresent, conceal.
78th fiscal departments, auditing organs in accordance with their respective responsibilities, to social security payments, management and investment operations of the Fund supervision. 79th administrative sector to the social insurance fund of the social insurance payments, supervise and inspect the management and investment operations, problems, should come up with recommendations and make a decision according to law or make recommendations to the relevant administrative departments.
Inspection results should be announced to the public on a regular basis of social insurance funds.
Social Security Administration Department of social insurance fund supervision and inspection, the right to take the following measures:
(A) access, record, copy and the social insurance fund payments, management and investment-related information, may be transferred, concealed or destroyed information be sealed;
(B) subjects relating to the inquiry and investigation units and individuals, requiring them to investigating issues related to the clarification, provided the relevant supporting documents;
(C) conceals, transfers, embezzlement, misappropriation of social security funds be stopped and ordered to correct it.
80th overall district people's Government set up by the employer representatives, representatives of insured persons, as well as Union representatives social security Supervisory Committee, composed of experts, mastering, analysis, expenditure, management and investment operations of the Fund of social insurance, advice and recommendations for social security, the implementation of social supervision. Social insurance agencies shall regularly to the Oversight Committee report on social insurance fund of the social insurance budget, management and investment operations. Social Security Supervisory Committee can hire accounting firms to the social insurance fund payments, administrative and investment operations for annual audits and special audits.
Audit results should be open to the public.
Oversight Committee found that the Social Security Fund of social insurance expenditure, management and investment problems in the operation of, and right to correction suggestions; violations of the social insurance agencies and their staff is entitled to according to the recommendations to the authorities.
81st social security administration and other relevant administrative departments, is imposed by the social insurance agency, the social insurance institution and its staff, it should be by law, the employer and the confidentiality of personal information, and shall not in any way divulge.
82nd article of any organization or individual has the right to violate social insurance legal reports, complaints, regulatory actions. Social Security Administration, health administration, social insurance agencies, is imposed by the social insurance institutions and the financial sector, audit institutions belonging to the Department, the scope of responsibilities of this body reports, complaints should be dealt with according to law; do not belong to this sector, the terms of reference of this body, shall be notified in writing and hand over power to handle departments, agencies.
Power to handle departments, agencies should be processed in a timely manner, no excuse.
83rd employing unit or individual that is imposed by the social insurance institution acts against their own legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.
The employer or individual social insurance agencies are not in accordance with the law approved by the social insurance registration, social security contributions, payment of social insurance benefits, insurance for transferring procedures or infringement of other social insurance rights act, may apply for administrative reconsideration or bring an administrative suit. Personal social security disputes with the host employer, can apply for mediation, arbitration, litigation.
Of employer infringement of individual social security rights, individuals can also ask the social security administration or is imposed by the social insurance institution.
The 11th chapter legal liability
84th an employer does not apply for social insurance registration, by the social security administration a rectification; fails, the employer should pay social security fees 1 time more than three times the amount of a fine, directly responsible to the charge and the other persons of less than 500 Yuan and 3,000 yuan fine.
85th employer refused to provide proof of termination or termination of labor relations in accordance with the People's Republic of China stipulated in the labor contract law. 86th employer fails to pay the social insurance premiums, and collected by the social insurance institutions ordered to pay or make up, and from the date of default of payment, plus five out of 10,000 late fee on a daily basis; still fails to pay the overdue by the relevant Administrative Department of not paying 1 time more than three times the amount of a fine.
87th article social security handling institutions and medical institutions, and drug business units, social security service institutions to fraud, and forged proved material or other means cheat social security fund spending of, by social security administrative sector ordered returned cheat of social insurance, at cheat amount twice times above five times times following of fine; belongs to social security service institutions of, lifted service agreement; directly is responsible for of competent personnel and other directly responsibility personnel has practice industry qualification of, law revoked its practice industry qualification.
88th through fraud or forged documents or other means of obtaining social security benefits from the social security administration the social insurance authority shall order return fraud, fined not more than the amount defrauded more than twice times five times.
89th, social insurance agencies and their staff, one of the following acts, by the Social Security Administration Department shall order rectification causes losses to the social insurance fund, the employer or individual, legally undertake the compensation responsibility directly responsible in charge and other direct liable persons shall be given administrative sanctions:
(A) fails to perform statutory duties of social insurance;
(B) the social insurance funds are not deposited into the financial accounts;
(Iii) deducted or refuses to pay the social security benefits;
(D) the lost or altered, payment records, enjoy social insurance treatment records, record security data, personal interests;
(E) other acts in violation of the laws and regulations on social security.
90th levying institution of social insurance premiums without changing the social insurance contribution base, rates, resulting in less or more of social insurance contributions, the relevant administrative departments to order recovery of the payment of social insurance premiums or refund should not pay social insurance fees; directly responsible in charge and other direct liable persons shall be given administrative sanctions.
91st article violates the provisions of this law, conceals, transfers, embezzlement, misappropriation or illegal investment operations of the Fund of social insurance, by the Social Security Administration Department, financial Department, Audit Office ordered recovered; has illegally obtained, confiscation of illegal income; directly responsible in charge and other direct liable persons shall be given administrative sanctions.
92nd social security administration and other relevant administrative departments, the social insurance agency, is imposed by the social insurance institution and its staff unit and leaking of personal information, directly responsible in charge and other direct liable persons shall be given disciplinary actions or personal loss to the employer shall be liable.
93rd national staff in social security management, supervision, abuse their powers, neglect their duties, engage in the work, shall be subject to punishment.
The 94th in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.
12th chapter supplementary articles
95th migrant rural residents in accordance with the provisions of this law, to participate in social security.
96th collection of rural collective-owned land, landless peasants social security contributions should be in full arrangements, in accordance with the provisions of the State Council landless peasants into the social security system.
97th of foreigners ' employment in China, reference to the provisions of this law, to participate in social security. The 98th this law shall come into force on July 1, 2011.
