Presidential Decree No.35 of the People's Republic of China
Presidential Decree No.35 of the People's Republic of China
The Social Insurance Law of the People's Republic of China was adopted by the 17th meeting of the 11th the NPC Standing Committee of the People's Republic of China on October 28th, 21, and is hereby promulgated.
People's Republic of China President Hu Jintao
October 28, 21
People's Republic of China * * * Social Insurance Law of the People's Republic of China (adopted at the 17th meeting of the 11th the NPC Standing Committee on October 28th, 21)
Contents
Chapter I General Provisions
Chapter II Basic Old-age Insurance
Chapter III Basic Medical Insurance
Chapter IV Industrial Injury Insurance
Chapter V Unemployment Insurance
Chapter VI Maternity Insurance
Chapter VII.
Chapter X Social Insurance Supervision
Chapter XI Legal Liability
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution for the purpose of regulating social insurance relations, safeguarding citizens' legitimate rights and interests in participating in social insurance and enjoying social insurance benefits, enabling citizens to enjoy the fruits of development and promoting social harmony and stability.
article 2 the state establishes social insurance systems such as basic old-age insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to get material help from the state and society according to law in case of old age, illness, work-related injury, unemployment and maternity.
article 3 the social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be commensurate with the level of economic and social development.
article 4 the people's Republic of China * * * and employers and individuals within the territory of China have the right to inquire about the payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.
individuals enjoy social insurance benefits according to law and have the right to supervise the payment made by their own units.
article 5 the people's governments at or above the county level shall incorporate social insurance into the national economic and social development plan.
the state raises social insurance funds through multiple channels. People's governments at or above the county level shall give necessary financial support to social insurance undertakings.
the state supports social insurance through preferential tax policies.
article 6 the state exercises strict supervision over social insurance funds.
the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government have established and improved the supervision and management system of social insurance funds to ensure the safe and effective operation of social insurance funds.
people's governments at or above the county level take measures to encourage and support all sectors of society to participate in the supervision of social insurance funds.
article 7 the administrative department of social insurance in the State Council is responsible for the management of social insurance throughout the country, and other relevant departments in the State Council are responsible for the relevant social insurance work within their respective functions and duties.
the social insurance administrative department of the local people's government at or above the county level is responsible for the social insurance management in its own administrative area, and other relevant departments of the local people's government at or above the county level are responsible for the relevant social insurance work within their respective functions and duties.
article 8 social insurance agencies provide social insurance services, and are responsible for social insurance registration, personal rights and interests recording, social insurance benefits payment, etc.
Article 9 Trade unions shall safeguard the legitimate rights and interests of employees according to law, and have the right to participate in research on major social insurance issues, participate in social insurance supervision committees, and supervise matters related to employees' social insurance rights and interests.
chapter ii basic old-age insurance
article 1 employees shall participate in basic old-age insurance, and the employer and employees shall pay the basic old-age insurance premium together.
individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.
The measures for endowment insurance for civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.
article 11 the basic old-age insurance shall combine social pooling with individual accounts.
The basic old-age insurance fund consists of contributions from employers and individuals and government subsidies.
article 12 an employer shall pay the basic old-age insurance premium in proportion to the total wages of its employees as stipulated by the state and record it in the basic old-age insurance pooling fund.
employees should pay the basic old-age insurance premium according to the proportion of their salary stipulated by the state and record it in their personal accounts.
individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual account respectively.
article 13 before employees of state-owned enterprises and institutions participate in the basic old-age insurance, the basic old-age insurance premiums that should be paid during the period of deemed payment shall be borne by the government.
when the basic old-age insurance fund is under-paid, the government gives subsidies.
Article 14 Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.
Article 15 A basic pension consists of an overall pension and a personal account pension.
The basic pension is determined according to the accumulated years of individual contributions, contributions wages, average wages of local employees, personal account amount, average life expectancy of urban population and other factors.
Article 16 Individuals who have participated in the basic old-age insurance will receive the basic old-age pension on a monthly basis if they have accumulated contributions for fifteen years when they reach the statutory retirement age.
individuals who have participated in the basic old-age insurance and have paid less than fifteen years when they reach the statutory retirement age can pay for it until they have reached fifteen years and receive the basic pension on a monthly basis; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.
Article 17 If an individual who participates in the basic old-age insurance dies due to illness or non-work-related, his survivors can receive funeral subsidies and pensions; Those who have completely lost their ability to work due to illness or non-work-related disability before reaching the statutory retirement age can receive disability allowance. The required funds are paid from the basic old-age insurance fund.
article 18 the state establishes a normal adjustment mechanism for basic pensions. According to the average wage increase and price increase of employees, the level of basic old-age insurance benefits will be improved in a timely manner.
article 19 if an individual is employed across the overall planning area, his basic old-age insurance relationship will be transferred with him, and the payment period will be calculated cumulatively. When an individual reaches the statutory retirement age, the basic pension is calculated in stages and paid uniformly. The specific measures shall be formulated by the State Council.
article 2 the state establishes and improves a new rural social endowment insurance system.
the new rural social endowment insurance combines individual contributions, collective subsidies and government subsidies.
Article 21 The benefits of new rural social endowment insurance consist of basic pension and personal account pension.
rural residents who participate in the new rural social endowment insurance, who meet the conditions stipulated by the state, receive the benefits of the new rural social endowment insurance on a monthly basis.
article 22 the state establishes and improves the social endowment insurance system for urban residents.
the people's governments of provinces, autonomous regions and municipalities directly under the central government may combine the social endowment insurance for urban residents and the new rural social endowment insurance according to actual conditions.
other omissions ...................
Chapter VII Collection and Payment of Social Insurance Fees
Article 57 The employing unit shall, within 3 days from the date of establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine it and issue a social insurance registration certificate.
if the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall go to the social insurance agency to change or cancel the social insurance registration within 3 days from the date of change or termination.
the administrative department for industry and commerce, the civil affairs department and the organization establishment management organ shall timely notify the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall timely notify the social insurance agency of the birth, death, household registration, transfer and cancellation of an individual.
article 58 an employer shall apply for social insurance registration for its employees within 3 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
the state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
article 59 the people's governments at or above the county level shall strengthen the collection of social insurance premiums.
social insurance premiums shall be uniformly collected, and the implementation steps and specific measures shall be stipulated by the State Council.
article 6th the employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment unless it is due to legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employer and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agency.
article 61 social insurance premium collection agencies shall collect social insurance premiums in full and on time according to law, and inform employers and individuals of the payment regularly.
article 62 if an employer fails to declare the amount of social insurance premiums that should be paid according to regulations, the amount that should be paid shall be determined according to 11% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall settle the accounts in accordance with the regulations.
article 63 if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.
if the employer fails to pay or supplement the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; And may apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
if the employer fails to pay the social insurance premium in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up and auction the property whose value is equivalent to the social insurance premium payable, and use the proceeds from the auction to offset the social insurance premium.
Chapter VIII Social Insurance Funds
Article 64 Social insurance funds include basic old-age insurance funds, basic medical insurance funds, industrial injury insurance funds, unemployment insurance funds and maternity insurance funds. Each social insurance fund shall establish accounts and conduct separate accounting according to the types of social insurance, and implement a unified national accounting system.
Social insurance funds are earmarked for special purposes, and no organization or individual may occupy or misappropriate them.
The basic old-age insurance fund will gradually be co-ordinated nationwide, and other social insurance funds will gradually be co-ordinated at the provincial level. The specific time and steps will be stipulated by the State Council.
article 65 the social insurance fund achieves balance of payments through budget.
the people's governments at or above the county level shall give subsidies when the social insurance fund is under-paid.
article 66 the social insurance fund shall set up its budget according to the overall level. The budget of the social insurance fund shall be compiled separately according to the social insurance items.
article 67 the preparation, examination and approval of the draft budget and final accounts of social insurance funds shall be carried out in accordance with the laws and regulations of the State Council.
article 68 social insurance funds shall be deposited in special financial accounts, and specific management measures shall be formulated by the State Council.
article 69 under the premise of ensuring safety, social insurance funds shall be invested and operated in accordance with the regulations of the State Council to maintain and increase their value.
the social insurance fund shall not be used for illegal investment and operation, for balancing other government budgets, for building or rebuilding office space, for paying personnel expenses, operating expenses and management expenses, or for other purposes in violation of laws and administrative regulations.
article 7 social insurance agencies shall regularly announce their participation in social insurance and the income, expenditure, balance and income of social insurance funds to the public.
article 71 the state establishes a national social security fund, which consists of funds allocated from the central budget and raised by other means approved by the State Council, and is used to supplement and adjust social security expenditures. The national social security fund is managed and operated by the national social security fund management and operation organization, and the value is maintained and increased on the premise of ensuring safety.
the national social security fund shall regularly announce the income and expenditure, management and investment operation to the public. The financial department, social insurance administrative department and auditing organ of the State Council supervise the revenue and expenditure, management and investment operation of the national social security fund.
chapter IX social insurance handling
article 72 social insurance handling institutions shall be established in the overall planning area. According to the needs of the work, social insurance agencies may set up branches and service outlets in this overall planning area with the approval of the local social insurance administrative department and organization management organ.
the personnel expenses of social insurance agencies and the basic operating expenses and management expenses incurred in handling social insurance shall be guaranteed by the finance at the same level in accordance with state regulations.
article 73 social insurance agencies shall establish and improve business, financial, safety and risk management systems.
social insurance agencies should pay social insurance benefits in full and on time.
article 74 social insurance agencies shall obtain the data needed for social insurance work through business handling, statistics and investigation, and the relevant units and individuals shall provide them in a timely and truthful manner.
the social insurance agency shall establish a file for the employer in time, completely and accurately record the social insurance data such as the participants and payment, and properly keep the original vouchers for registration and declaration and the accounting vouchers for payment and settlement.
the social insurance agency shall timely, completely and accurately record the personal rights and interests of individuals participating in social insurance, the payment made by the employer for them, and the enjoyment of social insurance benefits, and send the personal rights and interests records to me free of charge on a regular basis.
Employers and individuals can inquire and check the records of payment and social insurance benefits from social insurance agencies free of charge, and ask social insurance agencies to provide social insurance consultation and other related services.
article 75 the national social insurance information system shall be jointly built by the people's governments at or above the county level according to the principle of graded responsibility.
chapter x supervision of social insurance
article 76 the standing committees of people's congresses at various levels listen to and consider the special work reports of the people's governments at the corresponding levels on the income and expenditure, management, investment operation and supervision and inspection of social insurance funds, organize law enforcement inspections on the implementation of this law, and exercise their supervisory powers according to law.
article 77 the administrative department of social insurance of the people's government at or above the county level shall strengthen the supervision and inspection of employers and individuals' compliance with social insurance laws and regulations.
administrative department of social insurance