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Chengdu To Investigate Cheating The Social Security Fund Provides

Original Language Title: 成都市查处骗取社会保险基金规定

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Medalism from the Social Insurance Fund

(Summit 24th Standing Meeting of Metropolitan Governments, 25 November 2013, to discuss the adoption of Decree No. 180 of 29 November 2013, No. 180 of the Order of the Metropolitan People and Government of 29 November 2014.

Article 1

In order to strengthen the management of the Social Insurance Fund, regulating the supervision of social insurance, safeguarding the security of the Social Insurance Fund, and in accordance with the laws, regulations, such as the Social Insurance Act of the People's Republic of China, the Labour Contracts Act of the People's Republic of China, this provision is drawn up in conjunction with urban practice.

Article 2

This provision is applied in the supervision of the deception of the Social Insurance Fund within the city's administration.

Article 3

The Social Insurance Administration is responsible for supervision of the Social Insurance Fund throughout the city and is responsible for the identification of organizations, guidance and coordination that are deceived to the work of the Social Insurance Fund, and for the supervision of the Social Insurance Fund in this administrative area.

The social security agencies in the municipalities and districts (markets) are assisting the social security administration in monitoring the Social Insurance Fund.

Within their respective responsibilities, the health, food pharmacies, civil affairs, population counts, public safety, business, medical care, financial, price, audit, inspection services are assisting the Social Insurance Administration in monitoring the behaviour of the unit and individuals of the Social Insurance Fund.

Article IV

The following acts are in the hands of the Social Insurance Fund:

(i) Restructuring labour relations or providing false evidence to deceive social insurance eligibility;

(ii) Constrainting, preparing history of illnesses, forfeiture, conversion, unlawful modification of personal identity certificates and archival material, as well as other fraudulent social insurance treatment conditions, and forfeiture social insurance treatment;

(iii) A change in the enjoyment of social insurance treatment or the loss of eligibility for social insurance treatment, without genuine notification to the social insurance agencies and the continued enjoyment of social insurance treatment;

(iv) Fering or taking possession of social insurance documents or paying vouchers;

(v) The social security document or the payment of the voucher to others forfeiture the treatment of social insurance;

(vi) Restatements, overstatements, social insurance services projects and amounts to deceive expenditures from the Social Insurance Fund;

(vii) Restructivate labour relations or provide false evidence or validate opinions to help others to deceive social insurance or to receive social insurance entitlements;

(viii) Receive other acts of the Social Insurance Fund.

Article 5

The Social Insurance Administration has the right to take the following measures:

(i) An investigation, inspection, inspection, by law, of places relating to investigation, inspection matters, and the investigation, inspection of the person concerned;

(ii) Access to accounting vouchers, accounting books, accounting statements, and other information relating to the management of the Social Insurance Fund;

(iii) To request the investigation, inspection units and individuals to provide documentation relevant to investigations, inspection matters, and to provide explanations and clarifications that, if necessary, may be sent to the inquiry;

(iv) Collection of information and information, including recording, recording, video, photography or reproduction;

(v) Authorize social intermediaries to conduct audits of investigations, inspections;

(vi) Other investigations, inspection measures taken by law.

Article 6 (Modalities of investigation)

The officers of the social insurance administration conduct investigations, inspections, inspections shall not be less than two and shall present administrative law enforcement documents and produce a survey.

The members of the social insurance administration have a direct stake with the units or individuals investigated and should be avoided.

Article 7

The Social Insurance Administration should make a decision to reorganize or administrative sanctions under the law, based on the findings of the investigation, inspection, and the transfer of the judiciary by law.

Article 8

The Social Insurance Administration was found to be deceptive of the Social Insurance Fund and should be completed within sixty days of the date of the complaint; the complexity of the case could be extended 30 days, with the approval of the head of the social security administration.

The duration of the case set out in the previous paragraph shall not be taken into account in order to ascertain the facts and the time of the audit.

Article 9

The Social Insurance Agency's practice of decepting the Social Insurance Fund, which conducts social security inspections under the law, and provides that units and individuals who refuse to accept the inspectorate or do not cooperate with the inspection of nuclear work, shall be promptly reported to the Social Insurance Administration to be treated by law. The Social Insurance Agency, in accordance with the audit of nuclear results, may make a decision to suspend, cease payment of social insurance treatment or related expenses, and be entrusted by the Social Insurance Administration to refund the social insurance payments that have been defaulted; to grant administrative penalties under the law, the Social Insurance Administration is requested to make administrative sanctions decisions in accordance with the law.

In violation of the targeted medical institutions, the retail pharmacies service agreement, the agreement is under way.

Unlike the law, the Social Insurance Agency shall supplement, supplement the social insurance treatment or the related cost procedures within five working days.

Article 10 (right relief)

Before the Social Insurance Administration decides to impose administrative penalties on units or individuals for the purposes of the Social Insurance Fund, statements, petitions should be heard by units or individuals; legal, regulatory provisions should be communicated to the unit or the individual in accordance with the law; units or individuals require hearings; and the social security administration should organize hearings.

A unit or an individual decides not to suspend, cease payment of social insurance treatment or related expenses, shall be entitled to apply for review or application for administrative review or for administrative proceedings before the People's Court.

Article 11

Governments of municipalities and districts (markets) should establish a system of reporting incentives, and any unit and individual have the right to report to the Social Insurance Administration and its social insurance agencies on the use of social insurance funds. An incentive should be given to the reporting of fraud in the Social Insurance Fund and the identification of the author. Specific incentives are developed by the Municipal Social Insurance Administration with the municipal financial sector.

Article 12

The following provisions should be observed when the Social Insurance Administration and the Social Insurance Agency and its staff receive and conduct the reporting cases:

(i) To close the disclosure of the names, units, sites, etc.;

(ii) No reporting material shall be submitted to the investigation unit or to the surveyor;

(iii) The coverage or incentive of the reporting person, with the consent of the reporting person, shall not be disclosed in an express or implied manner to the name, unit, place of residence.

Article 13

The Social Insurance Administration and the Social Insurance Service should establish the integrity of the integrity of the IRS and individuals, focusing on units and individuals with poor records. In cases where the social insurance funds are severely abused, the social insurance administration should be made public after administrative sanctions are imposed by law, and the Unit should be included in the urban corporate credit information system.

Article 14.

The social insurance agencies should immediately cease payment of their old insurance treatment, which is entrusted by the social insurance administration to return to the old-age insurance pension that has been deceited and receive a fine of up to five times the amount of the social insurance administration:

(i) Resistance and non-compliance with retirement procedures;

(ii) Concluding the fact that old-age insurance treatment has been received, with malicious repayment of pensions;

(iii) After the death of retired persons, their relatives or others have been charged with basic pensions;

(iv) Concluding the fact that old-age treatment has been received and repeating the payment of hardship benefits for the welfare.

Article 15

The Medical Insurance Unit or other personnel have one of the following acts, and the Medical Insurance Agency is entrusted by the Social Insurance Administration to deceive the medical insurance fund, while suspending its 12 months to twenty-four months of medical cost networking and fined by the Social Insurance Administration for more than five times:

(i) The social insurance card of another person takes the place of hospitalization or the treatment of special diseases, family beds;

(ii) Contrary or inpatient social insurance cards of another person or in the treatment of special diseases, family beds;

(iii) Exhibition of the history of charging, rehabilitating medical instruments, vouchers, etc., and breaking out the treatment of basic health insurance;

(iv) To deceive other acts of the basic health insurance fund.

The medical expenses incurred during the suspension were mattressed by himself and were then reimbursed by the Medical Insurance Institute at the place of insurance.

Article 16

The medical institutions and their staff have one of the following acts, and the health insurance agencies are entrusted by the Social Insurance Administration to the medical insurance administration for the payment of the medical insurance premium, which is redirected by the Social Insurance Administration, which is subject to a fine of more than five times the amount; in exceptional circumstances, the dismissal of the qualifications of their targeted medical institutions by the Social Insurance Administration and the non-receivability of the application of their targeted medical institutions within five years:

(i) Disadvantages, provision of false reports and diagnostics;

(ii) Failing financial instruments or vouchers;

(iii) The collection of SPS cards and the repayment of information;

(iv) Serious violations of the management provisions of human resources, health, pharmacies, prices, which have a negative impact;

(v) Other violations that have serious consequences or have a significant impact.

Article 17

The pharmacies and their staff have one of the following acts, and the health insurance agencies are entrusted by the Social Insurance Administration to deceive their medical insurance funds and are redirected by the Social Insurance Administration to receive a fine of up to five times the amount; in the event of serious circumstances, the dismissal by the Social Insurance Administration of its fixed-point retail pharmacies and the non-receivability of their pharmacies in five years:

(i) In violation of drug price policies, misleading breaks, resulting in loss of the basic health insurance fund;

(ii) The cost of private self-tranet settlement or the inclusion of non-determined retail pharmacies in health insurance coverage;

(iii) To deceive the individual account cash to the insured person;

(iv) Other violations that have serious consequences or have a significant impact.

Article 18

The work injury insurance agency found one of the following acts by the agent's unit, the worker or his close family, and should immediately cease the payment of work injury insurance, and be charged by the social insurance administration to the payment of the worker injury insurance premium, which it was charged to it, and be charged with a fine of up to five times the amount of the social insurance administration:

(i) Contrary to the findings of the injury determination and the identification of the labour capacity, by means of a person's unit, a worker's fault, falsification, conversion, unlawful modification of the original certificate;

(ii) The worker of the worker for the maintenance of his/her family retreat, forfeiture, conversion, unlawful modification of the original certificate and forfeiture the eligibility to receive a pension for the dependent family;

(iii) After a change in the conditions of treatment of workers and injury insurance treatment or loss of entitlement to treatment, the person or other person continues to receive treatment or other forms of fraudulent treatment for work injury insurance;

(iv) The social insurance card of the person was transferred to another person for medical treatment, forcible equipment;

v.

Article 19

The work injury insurance agencies have found that the medical agencies of the agreement on work injury insurance, the structure of the subsidiary body of the work injury insurance agreement, the rehabilitation body of the work injury insurance agreement, shall immediately cease the payment of the work injury insurance and be charged by the social security administration to cover the work injury insurance premiums that they have returned, and shall receive a fine of more than five times the amount charged by the Social Insurance Administration:

(i) Failure to certify the identity of the injured persons of the agreement, resulting in the use of medical, equipped and supporting devices by others;

(ii) To deceive the work injury insurance fund through, for example, the preparation of sickness, false testimony or vouchers;

(iii) To deceive other acts of the work injury insurance fund.

Article 20

The maternity insurance agency found that one of the following acts was committed by the agent's units, the insured person and the medical agency should immediately cease the payment of maternity insurance treatment, be charged by the social insurance administration to pay for the maternity insurance insurance premium, and be charged to the Social Insurance Administration for more than five times the amount:

(i) To deceive the treatment of maternity insurance through, inter alia, the use of a person's unit or an agent of the insured person's fault, falsification, conversion, unlawful modification of raw materials;

(ii) By borrowing from the social insurance card to another person;

(iii) Medical institutions do not certify the identity of the insured person as prescribed, leading to the use of medical care by others;

(iv) The medical institutions have developed vectors, forged evidence or vacated the maternity insurance fund;

v.

Article 21

The unemployment insurance agency found that the unemployment insurance treatment was lost by the person or by another person to continue to receive or otherwise deceas the treatment of the unemployment insurance, should immediately cease the payment of the unemployment insurance and be charged by the social insurance administration to pay for the unemployment insurance insurance scheme; the refusal to return to the backward; and a fine of up to one thousand yen from the Social Insurance Administration.

Without the conditions for the treatment of unemployment insurance, the falsification of the relevant proof materials, the deception of units and individuals for the treatment of unemployment insurance, the Social Insurance Agency has been charged by the social insurance administration to deceive the unemployment insurance scheme and has been charged with a fine of up to five times the amount.

Article 2 (Conference of other offences)

The Human Resources Service and the relevant organizations and individuals have conceptualized labour relations or provided false proofs, decepting social insurance eligibility or decepting eligibility for social insurance treatment, and the Social Insurance Agency shall suspend its registration eligibility for social insurance, ascertain the eligibility for social security for the person concerned or receive social insurance treatment, be entrusted by the Social Insurance Administration to commission social insurance payments for the social insurance administration and receive a fine of up to five times the amount of the social insurance service; and, in serious circumstances, the Social Insurance Agency shall revoke its registration eligibility.

The Social Insurance Administration has led the regular conduct of special inspections by human resources services institutions and relevant organizations and individuals in the public security, business, civil affairs, etc., to find violations of the laws, regulations, regulations and regulations of the People's Republic of China, the Social Insurance Act of the People's Republic of China, and the laws, regulations, regulations and regulations and circumstances of the People's Republic of China, which should be revoked in accordance with the law.

The competent and other persons directly responsible for violations of article 16, subparagraph (a) of this provision are qualified by the health sector in accordance with the provisions of the Social Insurance Act of the People's Republic of China, the Law on the Law on Social Security of the People's Republic of China, the Law on the ruling of the People's Republic of China, the President of the State medical institution responsible for breaching article 16 of this provision, and are vested and disposed of by its competent authorities in accordance with the provisional provisions of the Care Unit's staff.

Other acts in violation of this provision are governed by the relevant laws, regulations and regulations.

Article 23 ( Safeguards)

One of the following acts has been rectified by the Social Insurance Administration; one of the acts of subparagraphs (i) to (iii) is fined by over two thousand dollars:

(i) Unwarranted refusal and obstruction of access by the Social Insurance Administration to the Social Insurance Fund in accordance with this provision;

(ii) Not to conceal the facts, false or hidden, destructive evidence, as requested by the Social Insurance Administration;

(iii) Restructuring by a social insurance administrative order or refusing to comply with the administrative procedures of the social security administration;

(iv) Combating retaliation reportingers, complainants.

In violation of the preceding paragraph, this constitutes a violation of the management of the security sector, which is punishable by law by public security authorities.

The Social Insurance Administration may take administrative coercive measures against property covered by the Social Insurance Fund, in accordance with the legislative mandate.

Article 24

The Social Insurance Administration, the Social Insurance Agency or the staff of the street, the town social security service agencies are deceptive or complicit in the Social Insurance Fund or one of the following acts in the screening of the Social Insurance Fund cases is granted administrative disposal by the inspector in accordance with the relevant provisions; constitute criminal liability by law:

(i) Non-implementation or failure to perform their duties under the law, with serious implications for the proper conduct of the investigation;

(ii) To receive bribery, abuse of authority, misappropriation, sterilization and provocative fraud;

(iii) Disclosure of information or privacy known to the identification units and individuals in the performance of their duties;

(iv) Disclosure of information that affects the proper conduct of the investigation or reprisals against the reporting person;

(v) The absence of a system of avoidance, resulting in a lack of justice in the conduct of investigations;

(vi) Other acts that should be subject to administrative disposal in violation of the provisions.

Article 25

The Social Insurance Fund recovered shall be transferred in full to the corresponding Social Insurance Fund's financial specifics within ten working days and subject to oversight in the audit sector.

Article 26

The MAHR and the Social Security Service may establish implementation rules in accordance with this provision.

Article 27

This provision has been implemented effective 1 January 2014. The Social Insurance Fund (No. 165 of the Municipal Government Order) was also repealed by the Government of the Metropolitan People on 21 December 2009.