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Obtaining Social Security Funds, Chongqing Approach

Original Language Title: 重庆市骗取社会保险基金处理办法

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Remuratification of the treatment of the Social Insurance Fund

(Health of 23 November 2009 at the 55th Annual Meeting of the Government of the People of the city to consider the adoption of Order No. 231 of 30 November 2009, of the Ordinance of the Government of the People of the Republic of the Greater Jurisdiction, which came into force on 1 February 2010)

Article 1 protects the security of the Social Insurance Fund for the purpose of preventing and detecting the use of social insurance funds and establishes this approach in line with the Labour Code of the People's Republic of China, the Labour Guarantee Monitoring Regulations and the relevant laws, administrative regulations.

The Social Insurance Fund referred to in this approach includes the Social Insurance Fund, the Medical Insurance Fund, the Unemployment Insurance Fund, the Work injury Insurance Fund and the Reproductive Insurance Fund.

This approach refers to the fact that the Social Insurance Fund refers to the fact that a unit or individual receives or provides relevant documents, such as the concealment of facts, the treasury-related conditions, the falsification of the relevant materials, and the payment of vouchers to assist others in receiving the Social Insurance Fund.

Article 3 of the present city's administrative system is used to detect the activities of the Social Insurance Fund.

Article IV Human resources and social security executive heads in the city are charged with the work of the Social Insurance Fund, which has a significant impact in the area of the screening of social insurance funds; human resources and social security administration in the District (Autonomous Region) are responsible for the vetting of the Social Insurance Fund within this administrative area; and the Social Insurance Agency is responsible for the auditing of social insurance.

Departments such as public security, civil affairs, health, business, geo taxes, audit, inspection, finance and treasury are jointly charged with the work of the Social Insurance Fund in accordance with their respective responsibilities.

Relevant units such as the residence of the social insurance target's home location or place of residence, the commune government, should assist the human resources and social security administration and its social insurance agencies in identifying the Social Insurance Fund.

Article 5

Individuals should be informed of social insurance institutions in accordance with the provisions; social insurance agencies should promptly clean the treatment of social insurance for individuals and refrain from granting social insurance treatment in accordance with the provisions.

Article 6.

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

(ii) Stimulating, changing, unlawfully altering personal identity certificates and archival material to obtain eligibility for social insurance treatment;

(iii) Consistency in the enjoyment of social security;

(iv) Fering, transforming, taking advantage of social security documents or paying vouchers;

(v) Bring social insurance documents or payment of vouchers to others forfeiture from the Social Insurance Fund;

(vi) Excellencies, retreats, retreats of social insurance services projects and amounts;

(vii) Distinguished material or validate opinions to help others to extract social insurance funds;

(viii) Be used in other ways by the Social Insurance Fund.

Article 7 reports to the Human Resources and Social Security Administration and its social insurance agencies or public security authorities for acts of fraud against the Social Insurance Fund.

The units that receive the report should be confidential; the reporting is true and the main lines and evidence should be rewarded.

Article 8. The human resources and social security administration and its social insurance agencies are entitled to conduct investigations, inspections:

(i) Access to a person's unit, a social insurance service agency to inspect places related to investigation, inspection matters under the law;

(ii) Inquired persons on investigation, inspection matters;

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

(iv) 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;

(v) Collection of information and information, including recording, recording, video, photographing or reproduction;

(vi) Authorize the relevant bodies to carry out their audits and validation in accordance with the law;

(vii) Other investigations, inspection measures that may be taken by law.

Article 9. The Human Resources and Social Security Administration and its Social Insurance Agency shall be subject to the following provisions:

(i) In conducting investigations, inspections, law enforcement officials shall not be less than two and present administrative law enforcement documents;

(ii) Be suspected of having been a direct stake between law enforcement officials or their close relatives;

(iii) If the facts of the investigation are recorded and the investigation is recorded, the law enforcement officials and the subject of the investigation are signatories or chapters thereof, the subject of the investigation shall be recorded in the record;

(iv) The work of the Office should be completed within 60 working days from the date of the submission; the complexity of the case, with the approval of the head of the unit, could extend 30 working days;

(v) Prior to the decision to impose administrative penalties (processing), the facts, rationales and the basis for the parties' administrative sanctions (responding) decisions should be communicated to the parties, in accordance with the law, to the rights to make statements, to the defence and to the hearings;

(vi) The non-administrative punishment (resolving) should be communicated to the parties; the conduct of the investigation in accordance with the report should also be communicated to the author;

(vii) The right of the parties to apply for administrative review or to initiate administrative proceedings shall be informed by law.

Article 10. The Human Resources and Social Security Administration, in the process of detecting the actions of the Social Insurance Fund, has taken the following decisions in the light of the survey, inspection findings:

(i) Remove the eligibility for social insurance by deceasing eligibility for social insurance treatment, and by virtue of its mandate, the social insurance funds for which they are invoked;

(ii) To impose administrative penalties in accordance with the law;

(iii) Restructuring or making appropriate administrative decisions on the need to be corrected;

(iv) Removal of cases with minor circumstances and changes.

The law should be dealt with by other departments and should be transferred in a timely manner; the transfer of public security authorities suspected of violating the management of the law; and the transfer of the judiciary to the law.

Article 11. The Social Insurance Agency carries out its work on social security inspections, making the following decisions according to the nuclear results:

(i) Be suspected of being fraudulently charged with the Social Insurance Fund, which may be suspended;

(ii) To receive social insurance funds by decepting social insurance eligibility or eligibility for social insurance treatment, and to dispense with the Social Insurance Fund, by virtue of its mandate, the eligibility for unlawful social insurance or the eligibility for social insurance treatment, to stop payment of social insurance funds, to refund the vapious social insurance fund; and to report to the Executive Office for Human Resources and Social Security for the removal of eligibility for social security;

(iii) In order to impose administrative penalties, the human resources and the social security administration are required to make administrative sanctions decisions in accordance with the law.

Inadequate acts, social insurance agencies should supplement social insurance treatment within five working days.

Article 12, subparagraphs (i), (ii), (iii) and (viii) of this approach, are subject to administrative sanctions by the human resources and social security administration in accordance with the relevant provisions of the Labour Safety Monitoring Regulations.

Article 13 Social Insurance services have one of the circumstances of article 6 (vi), subparagraphs (vii) and (viii) of this scheme, which is returned by a human resources and social security executive order to the vetted social insurance fund, which is fined below US$ 20000; in exceptional circumstances, the fine of up to 300,000 dollars in the amount of US$ 00,000 in 2000 and the removal of social security services and the removal of service agreements.

Article 14. Individuals have one of the conditions under article 6, subparagraphs (i), (ii), (iii), (iv), (v) and (viii), of this scheme, and are returned to the Fund for Social Insurance, which is charged by a human resources and social security administration order, with a fine of up to $500,000.

Individuals receive changes in the conditions of social security treatment or after their loss, are not informed by the provisions of the Social Insurance Agency and continue to receive or receive social insurance treatment, and the Social Insurance Fund, which has been repaid by the Social Insurance Agency.

Individuals are deceptive of social insurance eligibility or eligibility for social insurance treatment, but they have not been granted social insurance funds, which are criticized by the human resources and social security administration or by the social insurance agencies, and have dismissed the eligibility for unlawful social insurance or eligibility for social security.

Article 15 is one of the following acts, which is being modified by the time limit for the executive heads of human resources and social security; fines for subparagraphs (i), (ii) and (iii) with the exception of H$ 500 million for individuals; and for the unit for the year 2000 up to US$0.

(i) Disadvantaged rejection, obstruction of the human resources and social security administration or the screening of social insurance funds by social insurance agencies;

(ii) To conceal the facts, conceal, simulate, redirect or destroy the relevant evidence, in accordance with the request of the Human Resources and Social Security Administration or the Social Insurance Agency;

(iii) Other impediments to the administration of human resources and social security, or social insurance agencies, are charged by law to the Social Insurance Fund;

(iv) Combating retaliation reportingers.

Article 16 contains one of the following acts by the Human Resources and Social Security Administration and the staff of its Social Insurance Agency, which are subject to administrative disposition by law; the alleged offence is transferred to the judiciary by law:

(i) To deceive or engage with others in the Social Insurance Fund;

(ii) Inadvertently perform their duties in accordance with the law and make use of their functions for private gain;

(iii) Disclosure of the commercial secrets and personal privacy of units or individuals known to participate in social insurance in the performance of their duties;

(iv) Disclosure of information, resulting in the regular conduct of the investigation by the reporting person against retaliation or influence;

(v) No derogation under the provisions;

(vi) Other abuses of authority, omissions, provocative fraud.

Article 17 may be brought into the social credit information-related system for companies or individuals that are deceived to the Social Insurance Fund.

The Social Insurance Fund recovered by article 18 shall be transferred in full within 15 working days to the corresponding funds for social insurance.

Article 19 states that social security services are covered by a social insurance service agency that provides social insurance services for insured persons and beneficiaries, in accordance with policy provisions or contractual agreements, or by a person, including the Social Insurance Generation Agency, a targeted medical institution, a targeted medical rehabilitation institution, a targeted pharmacies, a subsidiary body for workers and injured persons, and a labour capacity identification body.

Article 20