Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200912/20091200145467.shtml
Business archive management of social insurance (for trial implementation)
(July 23, 2009 human resources and Social Security Department, the national archives released 3rd come into force on September 1, 2009) the first to regulate social insurance file management, authenticity, integrity and security of maintaining social security business archives, Archives Services role to play, in accordance with the People's Republic of China archive law and social security regulations, these provisions are formulated.
Second law to handling pension, medical, unemployment, work injury and maternity social insurance institutions (hereinafter referred to as the social insurance agency), social security files, these provisions shall apply.
The provisions of article III of the said social security business archives, refers to the social insurance agency in the insurance business process, direct formation of preservation and utilization value of professional text, electronic documents, graphics, audio and video carriers, such as history.
Fourth human resources and social security administrative departments responsible for social security business archives management in organizational leadership.
Social insurance agencies responsible for social security business archives management work, and accept the guidance of archives Administration Department.
Social insurance records kept by the social insurance authorities above the county level.
Article fifth social insurance agency is equipped with a dedicated Manager and the necessary facilities and sites, ensuring the safety of files, and optionally equipped with the adapt to the requirements of modernization of archives management of technical equipment.
Sixth social insurance agency should seriously implement archivists, privacy, use, transfer, identification and destruction of management requirements to ensure that social security files for safe keeping and orderly storage to prevent damage, losses and leaks.
Article seventh social insurance agency insurance business processes in the form of records, evidence, evidence, in accordance with the social insurance business material archiving and retention (see annex) for collecting, processing, filing, archiving, ensure archive integrity, security of material, shall not be forged, tampered with. Eighth business filing shall, in accordance with the social insurance business run by the social security rules and characteristics, for easy filing and retrieval criteria, using the "-business of the year" or "year-insurance-business" approach to social security business classified materials, finishing, and the timely preparation of the archive directory, volume, directory, file directory, test tables, and so on.
Responsible for file management of institutions receive dossiers should be carried out inspection, classification, sorting, number, warehouse storage, and indexed directories. Nineth social insurance business records retention are divided into permanent and regular categories.
Regular period is divided into 10, 30, 50, 100 years, various social insurance business records retention in accordance with the social insurance business archive material scope and period of implementation. Social security service file storage on a regular basis for a period of minimum retention period.
Archives of social insurance period, calculated since the formation of the day on January 1 the following year.
Tenth, social insurance agencies, by law, the insurance and the insured person provides archival information inquiry service.
11th social insurance agency should be to identify social insurance records that have expired.
Identification shall be by the social insurance agency officials, business and management personnel, as well as the composition of the human resources and social security administrative departments of the stock of the group is responsible for identifying and handling.
Identification of business archives storage age breakdown is found in short, it is necessary to continue to save should redefine the retention.
12th social insurance agency for certified destruction of files, preparing destruction list, human resources and social security administration departments at the same level, and approved by the social insurance agency chief after use.
Without approval of the appraisal and may not destroy any records. Social insurance agencies shall send two or more supervised the destruction of files. Supervisor to sign the destruction list, and indicate how and when destroyed.
Destroy inventory persisted.
Social insurance agencies in accordance with the relevant provisions of article 13th, will be permanently saved social security service file transfer to the national General Archives at the same level.
14th social insurance agency has one of the following actions, rectify, and are directly responsible for staff, managers and other persons directly responsible shall be disciplined; insured losses caused by units or individuals shall bear liability for:
(A) by transferring files is not filed or not in accordance with the regulations;
(B) forge, alter, conceal or unauthorized destruction of files of the archives;
(C) negligence caused archives lost, damage;
(D) illegal offers, copy files, employer or personal information leakage;
(E) violation of the laws and regulations on social security business archives and the national archives of other acts.
15th in the files of various types of social insurance business involving accounting, electronic documents and other archival material, there are special provisions of the State, from its provisions.
16th article of the regulations come into force on September 1, 2009.
Appendix: social insurance filing range of material and retention
, Social security administration (A) registration of insured materials.
Includes insurance handling insurance registration, registration, cancellation of registration, fill out registration forms and related audit materials (permanent) (B) the insured persons registration materials.
Include paying employees and retirees, family units or individual capacity to participate in social security of unemployed urban residents and rural residents, individual businesses, cities and towns of flexible employment personnel to be insured changes, changes in social security, basic information such as registration formalities, registration forms and related audit materials furnished by (100 years) (C) social security individual account management material.
Including pension, medical insurance individual account reconciliations, personal account modifications, and other related materials (100) (D) the social insurance registration materials.
Include the social insurance agency insurance unit issued social insurance registration certificate, the issuance of social insurance registration certificate verify recertification, the loss of social insurance registration certificate when evidence of registration forms and related testing materials (10) (E) social security card (cards, manuals) management material.
For insured persons apply for social security card (cards, manuals) first, replacement, recovery management of registration forms and related materials (50) (F) insurance eligibility verification materials.
Including eligibility check verification to enjoy social insurance treatment personnel-related audit materials (10) (G) the retiree socialized management and service materials.
Includes retirees of socialized management service for information collection, transfer, and management service enrollment form and related materials (50) (H) the relocation of registration materials.
Includes relocation shall enjoy social insurance treatment staff and resident insurance personnel working off-site, handle settlement or residency to enjoy social insurance benefits provided by the approved form, application form and related materials (50) (I) the service agreement management material.
Include Bank of funds payment agreements, designated medical institutions, appointed retail drugstores, injury Protocol, medical rehabilitation institutions, industrial Protocol assistive devices configured agencies, network operators, additional insurance underwriting unit, signed the agreement, appraisal materials, termination materials (10)
Second, collection and payment of social insurance classes (A) the collection and payment of social insurance approved materials.
Include base pay and injury rates approved identification, payment, recovery is aborted, fill the payment, payment (s) payment, refund, plus late fee, plus interest and other business forms and related audit materials approved by the Declaration (100 years)
(B) receipts, account books, accounting statements according to the accounting archives management determine the retention period.
(C) the collection and payment of social insurance funds and the schedule summary table (50)
(D) the collection and payment of social insurance fund annual summary (permanent) (E) payment information.
Including notice of social insurance to pay, pay agreement (10) (F) proof of payment.
Including for the payer, the payment proof of payment and related materials (10)
Third, the old-age insurance benefits class (A) old-age insurance benefits approved materials.
Insurance basic pension, pension officers provide for immediate family members after the death and pension benefits, pension funeral, endowment insurance other one-time treatment approved correction, adjustment of old-age insurance benefits, old-age insurance benefits, old-age insurance benefits supplement pay, old-age insurance benefits pay reduction Declaration approved business forms and related audit materials (50)
(B) lump sum payment pension personal accounts declared approved business forms and related audit materials (50) (C) work competency expertise on material.
Included insured persons work competency expertise conclusion notices and related documents and audit materials (50)
(D) old-age insurance payment vouchers, accounting books and statements of, established in accordance with the accounting archives management of retention.
(E) pension payments schedule and summary tables (30)
(F) pension funds pay annual summary (permanent)
Four, medical insurance treatment class (A) outpatient special registration materials.
Includes outpatient special sickness insured persons registration forms and related audit materials (10) (B) the medical registration materials.
Included insured persons register, home care, referral referral registration forms and related audit materials (10) (C) medical insurance in-patient treatment approved materials.
Including hospitalization expenses declared approved business forms and related audit materials (10) (D) the health-insurance approved materials for outpatient treatment.
Including outpatient declared approved business forms and related audit materials (10)
(E) medical insurance payment vouchers, account books, financial statements, as identified in the accounting archives management retention.
(F) the Medicare payment schedule and summary table (30)
(G) the health insurance fund pays annual summary (permanent)
Five category, unemployment insurance benefits (A) filing of unemployment.
Includes unemployment insurance eligibility review registration forms, lists of unemployed persons and unemployment documentation (10)
(B) the unemployed insurance relationship transfer and material.
Including duration, treatment standards, and other related materials (10) (C) unemployment insurance benefits approved materials.
Include unemployment insurance benefits approved declaration forms and related audit materials (10) (Iv) employment promotion subsidies approved materials.
Includes unemployed persons vocational training, employment subsidies declared approved business forms and related materials (10)
(E) unemployment insurance payment vouchers, accounting books and financial statements, as identified in the accounting archives management retention.
(F) unemployment insurance payment schedules and summary table (30)
(VII) the unemployment insurance fund to pay annual summary (permanent)
Six, the treatment of work-related injury insurance categories (A) the injury record.
Including accidents at work registration form and related materials (10) (B) work-related injury certification materials.
Include work-related injury certification decision and related documents and audit materials (50) (C) the industrial changes in the registration materials.
Include changes in the registration of injured workers, industrial injury insurance information registration forms and related materials (50) (D) the work injury disability insurance death benefits approved materials.
Including one-time disability benefits, disability benefits, life care fees, a one-time death benefit, a surviving officer funeral grant, worker death to support immediate family members and their spouse's work-related injury insurance benefits filing approved forms and related materials (50) (V) material approved by the work injury insurance and medical benefits.
Including staff employees injured configuration of medical, rehabilitation, assistive devices, work competency expertise costs declared approved business forms and related materials (10) (F) the cost of injury prevention approved materials.
Including insurance costs of injury prevention Declaration approved business forms and related materials (10)
(G) employment injury insurance payment vouchers, accounting books and statements of, established in accordance with the accounting archives management of retention.
(VIII) workers ' compensation insurance schedule of payments and summary tables (30)
(I) the work injury insurance fund paying annual summary (permanent)
Seven, maternity insurance benefits class (A) pregnancy registration materials.
Including women for pregnancy registration Declaration approved business forms and related materials (10) (B) complication of registration materials.
Including family planning complications Declaration approved business forms and related materials (10) (C) maternity insurance benefits approved materials.
Include the insured person due to childbirth, family planning, treatment of complications of medical expenses and maternity benefits Declaration approved business forms and related audit materials (10)
(D) maternity insurance payment vouchers, accounting books and statements according to the accounting archives management determine the retention period.
(E) maternity insurance payment schedules and summary table (30)
(F) maternity insurance fund paying annual summary (permanent)
Eight, the social insurance business statistics class
(A) the annual statistical report of social insurance (permanent)
(B) social insurance data and analysis, reports and other materials (30)
(C) social insurance monthly/quarterly statistical reports (10)
(D) the annual budget of the social insurance funds set out in the table in accordance with the accounting archives management retention.
Nine, auditing supervision of social insurance classes (A) social security audit materials.
Include the audit plan, audit notice, work records, evidence, audit notification or rectification opinions, punishment proposal, audit reports and other specialized instruments and related materials (30) (B) social security surveillance material.
Human resources and social security administrative departments in accordance with the relevant provisions of the social insurance law of social insurance institutions to deal with documents and other materials and related administrative law enforcement (30) (C) the social insurance agency's internal control material.
Including internal control and supervision work programme, internal control checking notifications, records and related evidence, notification or the rectification, internal control reports and other specialized instruments and related materials (30) (D) the social insurance cases, major cases, special-case auditing materials (permanent)
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