On February 22, 2022, in order to improve the effectiveness of supervision and better ensure the safety of funds, Ministry of Human Resources and Social Security promulgated the Administrative Supervision Measures for Social Insurance Funds, which came into effect on March 18, 2008.
These Measures shall come into force on March 8, 2022, and the original Measures for Administrative Supervision of Social Insurance Funds shall be abolished at the same time. The "Measures" are stipulated around two main lines: to further rationalize the working mechanism of administrative supervision of social insurance funds, to clarify the legal responsibilities for illegal acts that endanger the safety of social insurance funds, and to provide a legal basis for human resources and social security administrative departments to improve the supervision system of social insurance funds and severely crack down on fraudulent insurance, hedging or misappropriation of various social insurance funds with a zero tolerance attitude.
The Measures stipulate the working mechanism of administrative supervision of social insurance funds. The Measures stipulate that the administrative supervision level of social insurance funds is based on the supervision at the same level, and the local human resources and social security administrative departments at or above the county level are responsible for the administrative supervision of social insurance funds within their respective administrative areas; At the same time, it emphasizes the guidance and supervision responsibility of the superior to the subordinate, and the superior can directly supervise the major supervision matters within the jurisdiction of the lower human resources and social security administrative departments.
It is stipulated to establish an internal coordination mechanism for administrative supervision of social insurance funds. The specific implementation institution of supervision is the institution in charge of social insurance fund supervision by the administrative department of human resources and social security, and the institution in charge of social insurance policy, handling and comprehensive information management by the administrative department of human resources and social security shall cooperate and supervise. To stipulate the external coordination mechanism with the public security department, and encourage and support social supervision.
The Measures stipulate the scope of administrative supervision of social insurance funds. The "Measures" refine the administrative supervision responsibilities of social insurance funds from the perspectives of inspection, acceptance of reports, investigation and handling of cases, and legal publicity. , and list the corresponding supervision items according to different supervision objects. For social insurance agencies, the supervision items such as the implementation of social security fund income and expenditure, management policies and internal control are listed.
Define the specific scope of social insurance service institutions, and list the regulatory matters such as compliance with policies, fund management and use for social insurance service institutions. In view of the important problems affecting the income and expenditure and management of social insurance funds, important matters such as early retirement approval, work injury identification and labor ability appraisal will be included in the scope of supervision.