Shandong Provincial Social Security Audit Approach

Original Language Title: 山东省社会保险稽查办法

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(May 26, 2003 6th meeting consideration of Shandong province by Shandong provincial people's Government on June 6, 2003, 158th published) first in order to strengthen and regulate the auditing of social insurance, maintaining the lawful rights and interests of workers, according to the People's Republic of China labor law and of the interim regulations on the collection and payment of social insurance under the State Council and other relevant legal provisions and regulations, these measures are formulated.
    Article social security check in these measures refers to the labor and social security departments to participate in the social security units or individuals to comply with laws and regulations on social security, pay the treatment of social insurance and social security recipients, as well as to social security funds, pay checks, management, operations, and other situations and violations of the social security laws and regulations according to law to deal with the administrative law enforcement activities.
    Article where in the provincial administrative areas of pension, unemployment, medical treatment, work injury and maternity insurance examiner, shall apply to these measures.
    Fourth social security audit shall follow the openness, fairness and the principle of combining education with punishment.
    The fifth people's Governments above the county level labor and social security administrative departments of social security audit work in their respective administrative areas.
    Labour and social security administrative departments may delegate within the social insurance agencies to undertake the co-ordination of social security audit. Sixth article labor and social security administrative sector or its delegate of social insurance handling institutions (following collectively social security inspection institutions) for social security inspection, can exercise following terms: (a) on participate in social security units or personal of and social security about of employing situation, and financial account book, and remember account voucher, and wage report, and financial report, and statistics report, for check; (ii) on and social security about of problem and situation for survey; (three) on and social security about of information for records, and recording, and video
    , Photographed and copied and (iv) for violations of the social security laws and regulations, be dealt with according to law.
    The seventh social security check to social security check, shall undertake the following obligations: (a) shall perform their duties, and shall not take advantage of their positions for personal gain, (ii) conservative in the examiner knows social security entity or individual business secrets, (iii) the informer confidential and (d) other obligations under the laws and regulations.
    Eighth insurance inspectors should possess the appropriate expertise and knowledge of the law, dedicated, honest, enforce laws impartially. Nineth social insurance inspectors powers according to the law, protected by the law.
    No unit or individual may refuse or obstruct the inspectors powers according to the law.
    Tenth social insurance inspectors and inspection units or individuals have one of the following should be avoided: (a) Inspection Unit or individual has an interest; (b) concerned with the Inspection Unit staff or check personal of close kinship and (iii) have other relations with inspection units or individuals, may affect the impartiality in performing their duties.
    11th article social security inspection of content including: (a) social security registration, and change registration and registration validation situation; (ii) social premium declared and generation buckle generation paid situation; (three) workers number, and wage base, and financial status and payment capacity, situation; (four) social premium paid and payment rates implementation situation; (five) owes paid social security fee of, its fill paid plans of developed and implementation situation; (six) social security treatment enjoy who of qualification conditions and received of treatment project, and standard situation;
    (VII) social insurance fund raising, pay, management, operation, and so on; (VIII) implementation of laws and regulations need to check other.
    12th levels of inspection should be based on social security the social security units or individuals to determine social security audit, preparation of the annual audit plan and organize the implementation of social insurance.
    13th social security check can take submit inspection, field inspection carried out. 14th social security audit office shall audit the implementation of 3rd, to be issued by the inspection entity or individual audit notices.
    But there are reports or if there are grounds to believe that entity or individual suspected of wrongdoing or illegal except. 15th when social security Inspection Agency inspection shall comply with the following provisions: (a) 2 or more inspectors work together, and to produce a certificate of administrative law enforcement, (ii) to inform the audit scope, content and requirements, (iii) a record shall be kept of inspection or investigation.
    Record shall be by the inspectors and the Inspection Unit staff or sign or seal is checked.
    16th social insurance inspection bodies was found in the audit inspection unit or individual wrongdoing, it should be ordered to rectify; should be given administrative punishment, the labour and social security administrative departments shall punish constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    17th article was inspection units or personal has following behavior one of of, by labor and social security administrative sector be warning, and can sentenced 1000 Yuan above 10,000 yuan following of fine: (a) not by provides handle social security registration, and change registration or cancellation registration of; (ii) forged, and variable made social security registration card of; (three) not by provides declared social security fee should paid amounts of; (four) not by provides to workers announced this units social premium paid situation of.
    18th article was inspection units or personal violation legal, and regulations provides, delay paid social security fee of, by labor and social security administrative sector ordered its deadline paid; late still not paid of, except Fill paid owes paid amounts outside, from owes paid of day up by day added received 2 ‰ of late fees, and can on directly is responsible for of competent personnel and other directly responsibility personnel sentenced 5000 Yuan above 20,000 yuan following of fine.
    19th to enjoy social insurance treatment conditions are not met, obtain social security benefits or other social security benefits, the social insurance inspection agencies ordered to return the money within; the circumstances are serious, the labor and social security administration fined not more than the amount defrauded more than 1 time times 3 times.
    20th of labour and social security administrative departments when dealing with social security law cases, that should be investigated for illegal administrative responsibilities related to personnel, can contribute to their unit or its parent bodies, administrative supervisory authorities give the person concerned an administrative sanction proposals.
    21st refuse or obstruct social security audit staff perform their duties according to law, and constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime shall be given administrative penalties for public security, the public security organs shall be punished.
    The 22nd party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    23rd article social security check staff abuse their powers, neglect their duties, engage in the inspection, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions.
            24th article this way come into force August 1, 2003.