Interim Measures For The Xinjiang Uyghur Autonomous Region, Construction Of Social Insurance Management

Original Language Title: 新疆维吾尔自治区建筑工程社会保险费统筹管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387186.shtml

Interim measures for the Xinjiang Uyghur autonomous region, construction of social insurance management

    (December 7, 2012 the 11th Xinjiang Uyghur autonomous region people's Government, the 35th Executive Meeting December 19, 2012, people's Government of Xinjiang Uygur Autonomous Region to 180th published since March 1, 2013) first in order to strengthen the construction of social insurance management, ensure that building construction enterprises are paid on time and pay social insurance fees, safeguard the legitimate rights and interests of employees of construction enterprises in accordance with the relevant laws and regulations, combined with State practice, these measures are formulated.

    The second autonomous region within the administrative area of construction of social insurance contributions paid, allocate, allocation, use, supervision and management, application of this approach.

    Article construction in these measures, including housing and associated facilities construction, decoration and accessory lines, piping, equipment installation, as well as construction permits for municipal infrastructure, landscaping and other projects.

    Building social insurance in these measures refers to include construction costs, for the employees of construction enterprises pay basic endowment insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance expenses collectively.

    Fourth construction of social insurance contributions under unified leadership and manpower management, classification management system, adhere to receivable collected, in order to set up transfers, science, the principle of openness and transparency to ensure that social insurance payments to the building industry against market risks. Article fifth County (City) over housing and urban-rural construction administrative departments in charge of construction supervision and management of social insurance contributions and Manpower, delegate specific construction of its social insurance administration Agency (hereinafter Agency) implementation not established coordination bodies of counties (cities), by State and city () the integrated operators.

    Agency funds budget management, financial safeguards.

    Counties (cities) in human resources and social security, finance, auditing and supervision departments in accordance with their statutory duties and building social insurance management work.

    Units of the sixth construction project (hereinafter referred to as the employer) shall, in accordance with the regulations, social insurance contributions, to pay the building works in a timely manner.

    No units or individuals may, misappropriation, interception building social insurance relief.

    Seventh construction implemented before construction of social insurance premiums paid, completed settlement.

    Units to the housing and urban-rural construction Administrative Department application for a construction permit, the Authority accepting the application shall inform the co-ordinating agency for construction of social insurance payment handling.

    After the completion of a construction project, the construction unit shall submit to the Agency construction projects completion settlement filing, by the coordinating body for social insurance contributions paid for construction work accounted for back fill less.

    Eighth construction standards of payment of social insurance contributions, by the State Department of housing and urban-rural construction administration measure, develop, autonomous region people's Government announced after the execution.

    Construction payment of social insurance premium standard according to the autonomous regional construction industry output, employment and payment of social insurance premiums total risk, such as changes in the price level adjusted.

    Nineth construction social insurance into financial accounts, the two lines of income and expenditure management. Tenth Plan construction of a charge of social insurance is divided into basic insurance transfers and payments.

    Structure of basic insurance transfers and payments, by State Agency reasonably determine and adjust, and reported to the State Department of housing and urban-rural construction administration announced approval of the implementation.

    Basic insurance premium in China for construction enterprises to pay the social insurance premiums payable; transfer payments to subsidize the building construction enterprises, with the fundamental balance of insurance premiums in China to pay social insurance contributions.

    Coordinating body shall, in accordance with State regulations retained the basic premium, solution on transfer payments.

    11th coordinating body should be according to scale of construction investment to develop basic premiums paid into the plan, quarterly report of the financial department; State Agency should be based on the solutions of transfer payments, and elaboration of transfer payments paid into the plan, according to the semiannual report of the Finance Department.

    Finance Department shall audit is completed within 5 working days, and basic insurance, transfer payments allocated coordinating body.

    12th construction enterprises have been registered according to the social insurance registration, and contractors of construction projects of social insurance fees have been paid by the unit in accordance with the regulations, to the provisions of the second paragraph of this article seventh co-ordinating body for allocation of the basic premium.

    Applications for the allocation of basic premiums shall submit the following materials:

    (A) the business license, qualification certificate;

    (B) the enterprises social insurance registration certificate and certificate of employee social insurance number;

    (C) the construction enterprise storage account account opening bank building social insurance;

    (D) construction contract and filing documents.

    Construction enterprises should also be submitted in another area, State housing and urban-rural development in Xinjiang issued by the administrative departments for the record certificate; subcontracting company shall also submit the contract.

    After the 13th body receiving the basic insurance premiums paid to the application shall be approved within 5 business days, and to store the basic insurance premiums paid to the applicant to the bank account; the disbursement conditions are not met, it shall state the reasons in writing.

    Article 14th sub-construction and General Contracting enterprise of basic insurance premiums have been paid in full, by General Contracting Company to the company allocated the appropriate share of the basic premium.

    Disbursement of General Contracting Company to the company, subcontractor enterprises can complain to the Agency received complaints body should be processed in a timely manner.

    15th construction enterprises in China to co-ordinate the agencies allocated by basic insurance premiums paid social insurance premium balance may be carried forward for the next year, in China but must not be used to pay expenses of social insurance fees.

    16th Agency the allocation of basic insurance premiums is insufficient to pay social insurance contributions of employees of construction enterprises, construction companies can register with the business of the State, the city (ground) and manpower agencies transfer payment applications, and submit the following materials:

    (A) the autonomous region within the administrative area of social insurance payment vouchers issued by the social insurance institution;

    (B) allocation of construction of the basic premiums and the actual payment of social insurance premium, there is a difference between correlation proof material.

    General contractor not adequate funds and basic insurance, causing company in China is not enough to pay social insurance contributions and contract professional works in accordance with the regulations to calculate social insurance premium in China to pay social insurance contributions, may not apply for transfer payments.

    17th article building construction Enterprise proposed of transfers grants application, by accepted application of and manpower institutions audit Hou, reported autonomous regions and manpower institutions; autonomous regions and manpower institutions should according to application allocated Dang period full district transfers subventions accumulated balances, developed transfers grants programme; transfers grants programme should according to autonomous regions provides of proportion retained risk reserves, for make up transfers grants of insufficient, and reported autonomous regions housing and urban and rural construction administrative competent sector approved Hou implementation.

    18th Administrative Department of housing and urban-rural construction should be for construction units and payment of social insurance contributions, the use of construction works for construction enterprises conduct supervision and inspection.

    Human resources and Social Security Department of construction enterprises social insurance registration and payment of social insurance premiums the implementation of labor security supervision.

    And auditing and supervision of the financial sector should be on the construction of social insurance contributions collection, disbursement, transfers and other activities supervision and inspection.

    No units or individuals for violations of the Act are entitled to submit complaints, reporting as provided herein.

    Article 19th agency should work with the social insurance agency establish an information sharing system to inform the building receive, allocate, allocation of social insurance premiums.

    Article 20th housing and urban-rural construction Administrative Department of construction works to the public social insurance every six months to receive, allocate, allocation, subject to public supervision.

    Construction work of construction enterprises and their workers have the right to query the enterprises social insurance payment, allocation, allocation subsidies and the balances.

    21st construction units shall not be implemented the following behavior:

    (A) construction works with social insurance into competitive bidding costs;

    (B) the requirements in engineering cost in construction enterprises without taking or less take building social insurance premiums;

    (C) require advance construction work of construction enterprises social insurance premiums;

    (D) to pay the social security contributions to offset construction construction works advance, recipe cards and other payments;

    (V) building social insurance contributions paid directly to the construction company.

    22nd construction company may implement the following behavior:

    (A) fraud defrauding building social insurance premiums;

    (B) misappropriation of construction works for the allocation of social insurance premiums;

    (C) social insurance premiums charged to the unit itself building works;

    (D) the social insurance contributions to advance construction as a means of undertaking construction of competition.

    Article 23rd Agency has violated these rules, interception, misappropriation of relief, construction of social insurance contributions, administrative supervisory organs or the upper-level people's Government criticized a rectification; directly responsible and other persons directly responsible shall be given administrative sanctions.

    Article 24th housing and urban-rural construction administrative department or agency violates these rules, any of the following acts, the upper-level housing and urban-rural construction administrative department or State Agency a rectification; directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) failure to receive social insurance contributions paid in the construction of financial accounts and earmarked, two lines of income and expenditure management;

    (B) timely solution on transfer payments not according to stipulations;
(C) not according to regulations on allocation of construction enterprises in a timely manner the basic insurance, transfer payments.

    25th article violate the provisions of the article 21st, 22nd, by County (City) above a rectification by the Administrative Department of housing and urban-rural construction; it fails, a fine of between 10,000 yuan and 30,000 yuan; for fraud, misappropriation of construction of social insurance and should be recovered.

    26th other acts in violation of these rules, shall bear legal responsibility in accordance with the provisions of relevant laws and regulations. 27th article this way come into force on March 1, 2013.