Department Of Human Resources And Social Security, The Implementation Of The People's Republic Of China Law On Social Insurance Number Requirements

Original Language Title: 人力资源和社会保障部实施《中华人民共和国社会保险法》若干规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349560.shtml

Department of human resources and social security, the implementation of the People's Republic of China Law on social insurance number requirements

    (June 29, 2011 13th the Department of human resources and social security announced come into force July 1, 2011) in order to implement the People's Republic of China Law on social insurance (hereinafter referred to as the Social Security Act), these provisions are formulated.

    Chapter on the basic old-age insurance

    15th first social security law provides pensions, in accordance with the pension plan method of calculation and the basis of the provisions of the State Council. Article individuals participating in the basic old-age insurance for employees reaching the legal retirement age, the cumulative toll of less than 15 years, you can extend the payment to less than 15 years.

    Before the implementation of the social insurance law insured, extending payment five years after less than 15 years, you can make a one-time payment to less than 15 years.

Article individuals participating in the basic old-age insurance for employees upon reaching the statutory retirement age, total fee less than 15 years (including extended payment in accordance with article), it may apply to transfer to the domicile of the new rural social pension insurance or old-age insurance for urban residents, enjoy the old-age insurance benefits. Individuals participating in the basic old-age insurance for employees upon reaching the statutory retirement age, total fee less than 15 years (including extended payment in accordance with article), and is not transferred to the new type of rural social old-age insurance or old-age insurance for urban residents, individuals may apply in writing to terminate workers ' basic old-age insurance.

    Social insurance agency upon receipt of the application and shall notify them to transfer to the new type of rural social endowment insurance or endowment insurance of urban residents rights and the consequences of termination of workers ' basic old-age insurance, after written confirmation by, terminates its basic old-age insurance for employees, and individual accounts stored once paid to himself.

    Fourth personal mobility across provinces participating in the basic old-age insurance for employees employment accumulated payment upon reaching the statutory retirement age less than 15 years, forwarded in accordance with the circular of the Ministry of human resources and Social Security Ministry of urban basic old-age insurance for enterprise employees relationship transfer and renewal notice of interim measures (State [2009]66) relating to the treatment received provisions continue after payment, in accordance with the provisions of article shall be followed.

    Article fifth personal mobility across provinces participating in the basic old-age insurance for employees employment, in line with the monthly basic pension conditions, basic old-age pension calculated, unified payment of specific measures forwarded in accordance with the circular of the Ministry of human resources and Social Security Ministry of urban basic old-age insurance for enterprise employees relationship transfer and renewal notice of interim measures (State [2009]66). Sixth individual account in basic pension insurance of employees shall not be paid in advance. Individual departure settled before reaching the statutory basic pension conditions, retained their personal accounts, statutory received conditions are met, in accordance with relevant State regulations, enjoy the old-age insurance benefits. Among them, the loss of People's Republic of China nationality, within its departure or leave a written request to terminate workers ' basic old-age insurance.

Social insurance agency upon receipt of the application, shall inform in writing the keep personal accounts of right and the consequences of termination of workers ' basic old-age insurance, upon his own written confirmation to terminate workers ' basic old-age insurance, and personal accounts store one-time payment to himself.

    After the death of individuals participating in the basic old-age insurance for employees, and all of its personal account balances can be inherited according to law.

    Chapter on basic medical insurance

The seventh social insurance law article 27th retirees covered by basic medical insurance treatment throughout the period of contributions in accordance with the regulations.

    Individuals participating in basic medical insurance, basic medical insurance relationship transfer and renewal time, the basic medical insurance payment years accumulated.

Eighth insurance medical expenses for the personnel in the medical institutions of the agreement, comply with the basic health insurance drug list projects, medical services, medical facilities, and paid out of the funds of basic medical insurance according to state regulations. Insured person needs emergency care, rescue, and medical institution in the non-agreement; rescue must use a range of medicines can be relaxed.

    Insured persons in emergency medical services, rescue area according to local conditions to develop specific management measures for the co-ordination.

    Chapter III concerning industrial injury insurance Nineth employees (including part-time employees) where two or more employers as well as employment, the employer shall pay industrial injury insurance for the employees, respectively.

    Employee work-related injuries, by workers hurt when work units shall assume responsibility for work-related injury insurance. Tenth drunk in the 37th article of social insurance law standards, vehicles driving personnel, in accordance with the blood and breath alcohol content threshold and inspection (GB19522-2004).

    The public security organs traffic management departments test conclusion issued by the relevant departments, medical institutions according to law, proving the material, can serve as the basis for the basis of drunkenness.

The 11th social security article 38th of law arising in the eighth death benefit refers to the regulations of the work-related injury insurance article 39th of the one-time death benefit, standard last year when an injury occurs 20 times times the national per capita disposable income of urban residents.

    Last year the per capita disposable income of urban residents is subject to data released by the National Bureau of.

    The 12th social security wages and benefits during the 39th article treatment of work-related injuries, according to the regulations of the work-related injury insurance relating to the 33rd of employees during the shutdown leaves pay period should enjoy the wages and benefits provisions of that treatment and care.

    The fourth chapter on unemployment insurance Article 45th 13th the unemployed in line with social insurance conditions, you can apply for unemployment insurance money and enjoying other unemployment insurance benefits.

Among them, not because of my willingness to interrupt employment include the following situations:

(A) in accordance with the labor contract law, the 44th article, the fourth the fifth rule terminates the labor contract;

(B) by the employer in accordance with the labor contract law, the 39th, 40th, 41st, stipulates that discharges the labor contract;

(C) the employer to the worker in accordance with the labor contract law article 36th labor contracts and negotiate a labor contract with workers;

(D) the employer proposes to terminate the employment contract or dismissal, removal, dismissal of the employer;

(E) the worker himself terminates the labor contract in accordance with labor contracts 38th article;

    (Vi) other circumstances as stipulated by laws, rules and regulations. 14th unemployed return to the workforce after receiving unemployment insurance, once again out of work, payment time is recalculated.

    Unemployed person does not meet the conditions for unemployment insurance recipients in the current period, previous payment time shall be maintained and re-employment and insurance contributions accumulated. 15th the unemployed during the period of receiving unemployment insurance compensation, should be actively seeking work, access to employment and vocational training.

    Unemployed persons received employment agencies, vocational training allowances paid as prescribed by the unemployment insurance fund.

    The fifth chapter on the management of the Fund and operate the service

    16th social insurance fund's budget preparation, review and approval of the draft and final accounts in accordance with the opinions of the State Council concerning the pilot social insurance fund's budget (guofa [2010]2) shall apply. 17th social insurance agency shall at least once a year to record the personal interests of insured by mail sent to himself.

    Meanwhile, social insurance agency by mobile phone text message or e-mail, to the insured person record sending personal interests.

18th social security administration, social insurance agencies and their staff should, by law, the employer and the confidentiality of personal information, and shall not be an offence to disclose the following information to others:

(A) involve employer business secrets or information that may damage the legitimate interests of the employer after the public;

    (B) information relating to individual rights.

    The sixth chapter on liability

    19th the employer terminated or terminates the labor contract, refused to issue a termination or termination of labor relations to trade unions show that cause the workers to enjoy social insurance benefits, the employer shall bear the compensation liability. 20th employee social insurance contributions shall be paid by the employer withhold pay. Employers failing to withhold payment, collected by the social insurance institution shall order the employer to pay within, and from the date of default of payment plus five out of 10,000 late fee to the employer by the day.

    The employer shall not require the employee to take a late fee. 21st the employing unit production run into serious difficulties due to force majeure, upon approval by the Social Security Administration Department of the people's Government at the provincial level, and helps them pay social insurance contributions of the term, the term is generally not more than a year. During the suspension of payment, waiving late fees.

    Expired, the employer shall pay social insurance fees.

    63rd 22nd an employer in accordance with the social insurance provisions, guarantee and sign the payment agreement is imposed by the social insurance institution, during the tax waived late fees.

    23rd the employing units in accordance with the provisions of article 21st, 22nd, during the slow payment of social insurance, without prejudice to its workers shall enjoy social insurance benefits.

    24th the employer does not pay social insurance fees on a monthly breakdown of the informed worker himself, by the Social Security Administration Department shall order rectification fails to reform, in accordance with the provisions of the regulation on labor security supervision article 30th. 25th medical institutions, pharmaceutical trade units and other social service organizations with fraud, forged documents or other means of obtaining the Social Security Fund, by 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. Signed a service agreement with the social insurance medical institutions, pharmaceutical trade units, and accountability by the social insurance agency in accordance with the agreement, if the circumstances are serious, may terminate the service agreement with them.

    Directly responsible for the licensing of managers and other persons, and by the social security administration proposal to give its licensing authorities revoked its licensing.

26th, social insurance agencies, is imposed by the social insurance institution, the social security fund investment operation, to open accounts of the social security fund institutions and bank account management and their staff have the following illegal cases in the 91st by the Social Security Administration Department in accordance with the social insurance law section investigated:

(A) recruitment and has obtained the social security funds, hiding place, illegal means such as collection, recording not according to stipulations;

(B) the violation will be transferred to the social insurance fund of the social insurance fund account other than the account;

(C) of the embezzled social security fund;

(D) social security funds could be diverted or crowding out other social security funds social security funds to each other;

(E) social security funds to balance the budget, construction, alteration of office space and paying staff, operating costs, management fees;

    (Vi) investment policies violate state regulations.

    The seventh chapter

27th of employee and employer social security disputes, may, in accordance with the People's Republic of China on mediation and arbitration of labor disputes Act, the provisions of the rules of labor dispute arbitration case, apply for mediation, arbitration, litigation. Employees that your employer has not been paid on time and for its payment of social insurance premiums, and other acts of infringement of their social security rights, can ask the social security administration or is imposed by the social insurance institution. Social security administration or is imposed by the social insurance agency shall, in accordance with the Social Security Act and the regulations on labor security supervision and other relevant provisions.

    In the process, challenging the employer labor relations and social security administrative departments shall identify relevant facts and continue processing.

    28th in the areas of social insurance institution social insurance, social security social insurance administration shall perform the 63rd relating the responsibilities of the Executive.

    29th after July 1, 2011, the employer fails to pay the social insurance premiums, under the Social Security Act and the regulations; occurred before July 1, 2011 in the employer fails to pay the social insurance premiums, in accordance with the relevant provisions of national and local people's Governments. 30th article of the regulations come into force on July 1, 2011.