(Summit No. 78 of the Fifth People's Government of North and South Province 14 May 2012 to consider the adoption of the Decree No. 238 of 29 May 2012.

The Government of the Provincial People decides to amend the Rules for the Implementation of the Unemployment Insurance Regulations for Urban Deptants in the Province of Sea as follows:

Article 4, paragraph 3, was amended to read: “A foreigner who is admitted by law within the territorial administration shall participate in unemployment insurance in accordance with the provisions of the Regulations. However, persons who have entered into social insurance bilateral or multilateral agreements with China have employed their units in their towns in my province, according to the agreement.”

Amend Article 5 as follows: “The registration and payment of unemployment insurance shall be carried out as follows:

“(i) After the approval of the Social Insurance Agency for the registration and payment of unemployment insurance in the province, the following units pay unemployment insurance premiums to institutions charged with social insurance premiums at the sea level:

“1. The central, provincial and territorial authorities, the public service units, registered in the above-mentioned sectors of civil affairs, non-commercial units, social groups, foundations, lawyers services, accountants, etc., registered enterprises registered in the business administration at the provincial level to recruit units owned by non-military practitioners;

“2. Voluntary requests for participation in unemployment insurance in provincial social insurance institutions and for cross-regional, remote ocean transport, etc., approved by the Provincial Social Insurance Administration, to produce more mobile businesses.

“(ii) After the approval of the Occidental Social Insurance Agency for the registration and payment of unemployment insurance in the area of the development of the Oceanoe economy, an agency charged with the payment of unemployment insurance contributions to the social insurance premiums in the area of the development of the Oceano economy.

“(iii) Other user units pay unemployment insurance contributions to local social insurance insurance institutions after the approval of the unemployment insurance registration and the amount of contributions by the social insurance agencies in the city, the district, the autonomous district.

Article 6 was amended to read: “The pay and the amount of contributions paid by a person unit and its practitioners shall be approved by the Social Insurance Agency in accordance with the provisions of the Regulations.

“The list of practitioners of a human rights unit shall be disclosed in this unit and the total number of contributions to this unit, as well as the personal contributions base, shall be confirmed by the legal representative and the practitioners respectively.”

Article 7: “The Social Insurance Agency has the right to verify the information required for the work of the practitioners' Roster, the salary distribution schedule, the financial accounting books, etc., to investigate and inspect the payment units and the payment of personal contributions, and to impose penalties under the law for violations committed by the contributory units and the payer.

V. Reclassify Article 8 to Article 9 and amend the article “State organs under Article 2 of the Regulations and other organs, units governed by the national civil service” as “State organs under Article 2 of the Regulations and units, social groups, in the light of the administration of the law of the State civil service”.

Article 11 should be changed to Article 12 to read as follows:

“Educator movements across regions within this province, the transfer of unemployment insurance relations and the non-transfer of unemployment insurance contributions.

“In cases where practitioners transfer unemployment insurance relationships, the referral of home-based unemployment insurance agencies should provide practitioners with employment insurance treatment that they have enjoyed.”

Reclassification of Article 13 to Article 14 as follows:

“(i) To terminate the labour contract in accordance with article 44, paragraph 1, article 4, paragraph 4, and article 5 of the labour contract law;

“(ii) The removal of labour contracts by a user unit in accordance with article 39 of the labour contract, article 40 and article 41;

“(iii) In accordance with article 36 of the Labour Contracts Act, the user unit proposes to the worker the removal of the labour contract and the dismissal of the labour contract by consensus;

“(iv) Excluding, de-listing and releasing by a user unit for the dismissal of a contract or by a user unit;

“(v) The dismissal of labour contracts by workers themselves in accordance with article 38 of the labour contract law;

“(vi) Other circumstances under the law, regulations and regulations.”

In addition, article 15 is added to read: “In-service staff members are removed from the labour contract by a person's unit because of the execution of a sentenced detainee's custody or forced separation, after the expiry of their sentence, the completion of the labour corrections, the forced removal or release of a baby's release, in accordance with the conditions for the payment of unemployment insurance payments, and the unemployment insurance is calculated from the date of the unemployment registration.

“The unemployed persons cease to receive unemployment insurance payments during the period of unemployment insurance payments due to the execution of the prison, the correction of the labour force or the imposition of solitary confinement, as well as the rehabilitation of unemployment insurance payments and other unemployment insurance benefits after the expiry of their sentences, the completion of the labour penitentiary system, the forced sequestration of poisoning or dismissal.

Article 14 should be replaced with article 16 and the amendment to the Regulation “Article 23 of Regulation 23”.

Reclassification of article 15 to Article 17 reads as follows: Retiring military personnel are allowed to participate in the unemployment insurance of urban practitioners according to the State, and their military service is limited to the payment period.

“Emerging unemployed persons who were re-employed and paid for recalculation”.

Article 16 shall be replaced with article 18 and the article shall be amended to read “Article 18 of the Regulations”.

Article 18 is changed to article 20 and amend paragraph 2 of this article to read as follows: “The unemployment insurance scheme, calculated according to the previous criteria, is higher or equal to the minimum monthly wage of the employee in such areas of the province, which is distributed according to 98 per cent of the minimum monthly salary standards in such areas; less than or equal to 50% of the minimum standard of living for the urban population of the sea, and is distributed by 50 per cent of the minimum standard of living for the urban inhabitants of the sea”.

In addition, article 21 reads as follows: “Every unemployed persons are self-enterated during the receipt of unemployment insurance payments, which may be certified by the unemployment insurance agency, such as business licences and tax registration certificates, for a one-time unemployment insurance pension for the unemployment insurance agency.”

Article 19 was replaced with article 22, which reads as follows:

“The basic health insurance fees to be paid by the unemployed are paid from the unemployment insurance fund, with the annual average monthly salary of the full-status in the province and the rate of contributions paid by the user units and practitioners. Individuals do not pay basic health insurance fees.

“The unemployed persons cease to receive unemployment insurance payments due to statutory circumstances and the unemployment insurance fund no longer pays their basic health insurance expenses.

“The specific scheme for the payment of unemployment insurance workers to participate in the basic health insurance for urban practitioners is developed by the Provincial Social Insurance Administration with the provincial financial sector.”

Articles 20, 22 and 23 were deleted.

Article 21 was replaced with article 23 and replaced the term “in the city, the district, the autonomous district” in that article as “the province”.

Article 24: “The payment method and specific criteria for the following subsidy projects shall be developed by the Provincial Social Insurance Administration in conjunction with the relevant departments, such as provincial finances:

“(i) Employees receive vocational training, vocational skills identification, occupational presentation of subsidies and pro-initiative micro-guarantee loans during receipt of unemployment insurance payments;

“(ii) The cost of social insurance benefits or social insurance benefits for persons who are employed during the payment of unemployment insurance payments;

“(iii) Sistance of employment-based training subsidies or social insurance subsidies.

“The former subsidy project and re-employment funds are not subject to repeated benefits.”

Article 25 should be replaced with article 26, which reads as follows: “The unemployment insurance agencies shall prepare annual expenditure plans, in accordance with the scope of expenditure of the unemployment insurance fund provided for in the Regulations, to include the unemployment insurance fund budget after approval by the social insurance administration and the financial sector.

“The social insurance administration and the financial sector may make provision for a one third of the budget allocated to the unemployment insurance agency, which is subject to the requirement of the examination after the examination.”

Article 27 was replaced with article 28 and a change in the term “the executive branch of labour security” in the article was made “the Social Insurance Administration”.

“The Regulations” in other provisions of the Rules for the Implementation of the Unemployment Insurance Regulations for Urban Economies in the Province of the Sea have been amended to read “The Regulations”, and the “Obductive organ” has been amended as “the institution for social insurance”.

This decision is implemented since the date of publication.

The Rules for the Implementation of the Unemployment Insurance Regulations for Towns in the Province of the Sea are re-published in accordance with this decision and adjusted accordingly.

Annex: Rules for the implementation of unemployment insurance regulations for urban practitioners in the Southern Province (as amended in 2012)

(Act of Decision No. 158 of 22 July 2002 of the People's Government of the Southern Province, pursuant to the Decision of the Government of the People of the Southern Province of the Sea dated 29 May 2012 to amend the application of the rules for the regulation of unemployment insurance for urban practitioners in the Province of the sea)

Article 1 establishes this rule in accordance with the Regulations on Unemployment Insurance for Tropical Workers in Southern Province (hereinafter referred to as the Regulations).

Practitioners within the scope of article 2 of the Regulations, irrespective of their place of origin or the specific form of payment of wages, shall participate in unemployment insurance in accordance with the Regulations.

Article 3 practitioners from outside the province should participate in unemployment insurance as stipulated in the Regulations, except for those who have been involved in unemployment insurance outside the province.

Article IV provides for participation in unemployment insurance in accordance with the provisions of the Regulations by foreign organizations established within the administrative region of the province and Hong Kong, Macao, Taiwan region's representative body and the Chinese practitioners employed therein.

Chinese citizens from Taiwan, Hong Kong and Macao residents of the province's administration should participate in unemployment insurance in accordance with the Regulations.

Foreigners who have been admitted by law within the territorial administration should participate in unemployment insurance in accordance with the provisions of the Regulations. However, persons who have entered into social insurance bilateral or multilateral agreements with China have employed their units in towns in my province and are governed by the agreement.

Article 5

(i) After the approval of the Social Insurance Agency for the registration of unemployment insurance and the amount of contributions, the following units pay the cost of unemployment in the institutions charged with social insurance premiums at sea:

The central, provincial and provincial authorities, the cause units, registered in the above-mentioned sectors of civil affairs, non-commercial units, social groups, foundations, lawyers' services, and accountants, registered enterprises registered in the business administration at the provincial level to recruit units owned by military practitioners;

Voluntary requests for participation in unemployment insurance in provincial social insurance institutions and for cross-regional, remote ocean transport, etc., approved by the Provincial Social Insurance Administration, to produce more mobile businesses.

(ii) After the approval of the Occasional Social Insurance Agency for the registration of unemployment insurance and the amount of contributions in the area of the development of the Oceanoe economy, an agency charged with paying unemployment insurance contributions to the social insurance premiums in the area of the Oceano economy.

(iii) Other user units pay unemployment insurance contributions to local social insurance insurance institutions after the approval of the unemployment insurance registration and the amount of contributions by the social insurance agencies in the city, district, autonomous district.

Article 6

The list of practitioners in the human rights unit should be disclosed in this unit, with the total number of contributions to the social insurance agencies and the personal contributions base, which should be confirmed by the legal representative and the practitioners respectively.

Article 7. The Social Insurance Agency has the authority to verify the information required for the work of the practitioners' Roster, the salary scales, the financial accounting books, etc., to investigate and inspect the payment of royalties and the payment of personal contributions, and to impose penalties under the law for violations committed by the contributory units and the contributory individuals.

Article 8. The user unit and its practitioners shall not participate in two or more unemployment insurance; the unemployment insurance agency shall incorporate the repayment of the unit's repeated unemployment insurance premium into the Integrated Fund for Unemployment Insurance, and the personal contributions are returned. Repetitive unemployment insurance treatment is recovered by unemployment insurance agencies.

Article 2 of the Regulations provides for the payment of unemployment insurance contributions by State organs and agents in the light of the State's civil service law management unit, the social group shall enter into the labour contract and the non-military practitioners in the unit of the force, at 1 per cent of the total monthly salary.

Article 10 pays wages after the introduction of weeks, days, hourly wage systems or completion of a specific work, and in the declaration and approval of the pay base for the payment of unemployment insurance contributions, such wages shall be converted into the monthly salary in accordance with article 50 of the People's Republic of China Labour Code.

The total monthly salary paid for unemployment insurance shall not be less than 60 per cent of the average monthly salary of the insured employee in the city, the district, the autonomous district, and not less than 30 per cent of the average monthly salary of the insured worker in the city, the district, the autonomous district.

Article 11 The author's unit refuses to pay and the parties may apply for arbitration to the labour dispute arbitration body, as prescribed; the arbitration decision is not conclusive, and civil proceedings can be instituted to the People's Court.

Article 12 Builds cross provincial mobility, unemployment insurance relations and the relocation of unemployment insurance premiums are implemented by the unemployment insurance agencies in accordance with the relevant national provisions.

The practitioners are moving across regions within this province, moving unemployment insurance relationships and not diverting unemployment insurance.

When practitioners move from unemployment insurance relationships, the referral of home-based unemployment insurance agencies should provide practitioners with treatment for unemployment insurance entitlements.

Article 13 terminates on the basis of the insolvency, the withdrawal of a person's unit and the legal causes of such dismissal shall be liquidated by law.

The conversion, consolidation, separation and transfer of the unit's unpaid unemployment insurance shall be liquidated in accordance with the law; the continuing employment of former unit practitioners in the new unit shall be calculated on a continuous basis in the previous unit.

Article XIV, paragraph 3 of the Regulations states that employment is not interrupted by the will of themselves, means disruptions of employment resulting from one of the following conditions:

(i) The termination of labour contracts in accordance with article 44, paragraph 1, article 4, paragraph 4, and article 5 of the labour contract law;

(ii) The removal of labour contracts by a user unit in accordance with article 39 of the labour contract, article 40 and article 41;

(iii) In accordance with article 36 of the Labour Contracts Act, the user unit proposes to the worker the removal of the labour contract and the dismissal of labour contracts with the worker's consensus;

(iv) A proposal by a user unit to remove, de-list and resigned from the employment contract or by the user unit;

(v) The worker himself dismissed the labour contract in accordance with article 38 of the labour contract;

(vi) Other cases provided for by law, regulations and regulations.

Article 15. In-service staff members are dismissed by a person's unit because of the execution of a sentenced captivity or forced separation, and the dismissal of a labour contract after the expiry of his sentence, the completion of the labour penitentiary system, the forced removal or release of a parole, in accordance with the application for the payment of unemployment insurance payments, and the unemployment insurance scheme has been calculated since the date of the unemployment registration.

During the receipt of unemployment insurance payments, unemployment insurance payments and other unemployment insurance benefits were discontinued due to the execution of the prison, the correction of labour or the imposition of acquittal.

Article 16 unemployed persons should be personally involved in such procedures as unemployment registration and unemployment insurance payments by the unemployment insurance agencies. Article 22 of the Regulations provides that other special circumstances that may be entrusted to him or her are referred to as follows:

(i) The difficulty of action caused by the injury caused by the unemployed persons, which cannot be done personally;

(ii) The fact that unemployed persons are unable to conduct themselves due to force majeure;

(iii) Other cases provided for by law, regulations.

Article 17, which was calculated by 1 January 1994 at the time of the actual payment of unemployment insurance contributions by 1 January 1994 on the basis of the State's length of work or work. Retiring military personnel are allowed to participate in the unemployment insurance of urban practitioners according to the State, and their military service is limited to the payment period.

After re-employment, the unemployment rate was recalculated.

Article 18

More than one year of payment, the cumulative pay period of up to five months was approved for unemployment insurance payments for one month.

In accordance with the preceding paragraph, the cumulative payment period was due for less than 10 years, which was approved for 18 months, and for more than 10 years, the cumulative payment period was calculated for more than 24 months and was approved for 24 months.

Article 19 re-employment of unemployed persons may be combined with the previous unemployment insurance period to which the unemployment insurance was payable, but not more than 24 months.

After re-employment in the period of unemployment insurance payments, the unemployed persons may continue to receive the former unemployment insurance pension, which has not yet been paid for a maximum of 24 months.

Article 20 pays an average monthly wage of 60 per cent of the unemployment insurance premium paid by the employee for the 12 months preceding the unemployment.

The unemployment insurance scheme, calculated by the previous criteria, is higher than or equal to the minimum monthly wage of the employee in such areas of the province, which is distributed according to 98 per cent of the minimum monthly wage standards in such areas; less than or equal to 50% of the minimum standard of living for the urban population of the sea, and is distributed by 50 per cent of the minimum standard of living for the urban inhabitants of the city.

Article 21 Entrepreneurship of unemployed persons during the receipt of unemployment insurance benefits may be obtained through certificates provided by the unemployment insurance agencies, such as business licences and tax registration certificates, to the unemployment insurance agency for a one-time unemployment insurance payment for the remaining period.

Article 2

The basic health insurance fees to be paid by the unemployed are paid from the unemployment insurance fund, with the annual average monthly salary of the full-statused workers at the rate of contributions to the user unit and practitioners. Individuals do not pay basic health insurance fees.

The unemployment insurance fund ceased to pay its basic health insurance expenses owing to statutory circumstances.

Access to unemployment insurance workers participates in specific schemes for basic health insurance for urban practitioners, developed by the Provincial Social Insurance Administration with the provincial fiscal sector.

Article 23 Deaths of unemployed persons during the period of unemployment insurance payments were made to funeral benefits by the unemployment insurance agency at the average monthly salary of the employee in full province for a period of four months; a lump-sum pension was paid by the unemployment insurance agency for the benefit of the spouse and for the dependent family.

Article 24: The payment and specific criteria for the following subsidy projects are developed by the Provincial Social Insurance Administration in conjunction with the relevant sectors such as provincial finances:

(i) Employees receive vocational training, vocational skills identification, occupational presentation of subsidies and self-enterable micro-guarantee loans for unemployment insurance payments;

(ii) The cost of social insurance benefits or social insurance benefits for persons who are employed during the payment of unemployment insurance payments;

(iii) Sistance of employment-based training subsidies or social insurance subsidies.

The former subsidy project and re-employment funds are not subject to repeated benefits.

Article 25 vocational training institutions and vocational representation agencies shall not receive separate vocational training fees and vocational representations for unemployed persons who receive vocational training and career presentations; nor shall they be excluded from the provision of vocational training subsidies and occupational representation benefits for unemployed persons.

Article 26 Job unemployment insurance institutions should prepare annual expenditure plans to include the unemployment insurance fund budget after approval by the social insurance administration and the financial sector.

The social insurance administration and the financial sector may make provision for a one third of the budget allocated to the unemployment insurance agency, which is subject to the requirement of the examination.

Article 27 provides for the payment of funds required for the treatment of unemployment insurance, from the unemployment insurance fund.

The question of the specific application of this rule is explained by the Provincial Social Insurance Administration.

Article 29 The rules for the implementation of the unemployment insurance regulations for urban practitioners in the area of the South-South economy were also repealed.