Implementation of a number of provisions of the the People's Republic of China Social Insurance Act

(Promulgating by Order No.13 of the Ministry of Human Resources and Social Security on June 29, 2011 and effective as of July 1, 2011)

These Provisions are formulated for the purpose of implementing the the People's Republic of China Social Insurance Law (hereinafter referred to as the Social Insurance Law).

Chapter One About Basic Old-age Insurance

Article 1 The overall pension stipulated in Article 15 of the Social Insurance Law shall be calculated and paid in accordance with the basic pension calculation and payment method prescribed by the State Council.

Article 2 When an individual participating in the basic old-age insurance for employees reaches the legal retirement age, if the cumulative payment is less than 15 years, the payment may be extended to the full 15 years. Before the implementation of the Social Insurance Law, if the insured or extended payment is still less than 15 years after five years, the one-time payment can be made to the full 15 years.

Article 3 After an individual participating in the basic pension insurance for employees reaches the legal retirement age, if the cumulative payment is less than 15 years (including the extension of payment in accordance with the provisions of Article 2), he may apply for transfer to the new rural social pension insurance or the social pension for urban residents in the place of household registration Insurance, enjoy the corresponding pension insurance benefits.

After the individual participating in the basic old-age insurance for employees reaches the legal retirement age, the cumulative payment is less than 15 years (including the extension of payment in accordance with the provisions of Article 2), and has not been transferred to the new rural social old-age insurance or the social old-age insurance for urban residents, the individual may apply in writing to terminate the basic old-age insurance relationship of employees. After receiving the application, the social insurance agency shall inform it in writing of the right to transfer to the new rural social endowment insurance or the social endowment insurance for urban residents and the consequences of terminating the basic endowment insurance relationship of employees. After the written confirmation, the social insurance agency shall terminate the basic endowment insurance relationship of employees, and pay the deposit amount of personal account to me in one lump sum.

Article 4 Individuals who participate in the basic pension insurance for employees are employed across provinces, and the cumulative payment is less than 15 years when they reach the legal retirement age, in accordance with the ''General Office of the State Council on Forwarding the Transfer of the Basic Pension Insurance Relationship for Urban Enterprise Employees of the Ministry of Human Resources and Social Security Notice of the Interim Measures for Continuation "(Guo Ban Fa [2009] No. 66), after determining the place of continued payment, it shall be handled in accordance with Article 2 of these regulations.

Article 5 When individuals participating in the basic pension insurance for employees are employed across provinces and meet the conditions for receiving basic pensions on a monthly basis, the specific measures for the calculation and unified payment of basic pensions shall be implemented in accordance with the ''General Office of the State Council on Forwarding the Ministry of Human Resources and Social Security and the Ministry of Finance Notice on the Interim Measures for the Transfer and Continuation of the Basic Pension Insurance Relationship for Urban Enterprise Employees (State Office [2009] No. 66).

Article 6 The personal account of the basic old-age insurance for employees shall not be withdrawn in advance. If an individual leaves the country and settles before reaching the statutory conditions for receiving a basic pension, his personal account shall be retained. When the statutory conditions for receiving a basic pension are met, he shall enjoy the corresponding pension insurance benefits in accordance with national regulations. Among them, those who lose their the People's Republic of China nationality may apply in writing to terminate the basic old-age insurance relationship of employees at the time of their departure or after their departure. After receiving the application, the social insurance agency shall inform it in writing of the right to retain the individual account and the consequences of terminating the basic old-age insurance relationship of the employee, and terminate the basic old-age insurance relationship of the employee after the written confirmation of the person, and pay the deposit of the individual account to me in one lump sum.

After the death of an individual participating in the basic old-age insurance for employees, the balance in his personal account can be inherited in full according to law.

Chapter II Basic Medical Insurance

Article 7 The payment period for retirees to enjoy basic medical insurance benefits as stipulated in Article 27 of the Social Insurance Law shall be implemented in accordance with local regulations.

For individuals participating in the basic medical insurance for employees, when the basic medical insurance relationship is transferred and continued, the basic medical insurance payment period shall be calculated cumulatively.

Article 8 The medical expenses incurred by the insured in the agreed medical institution shall be paid from the basic medical insurance fund in accordance with the basic medical insurance drug catalog, diagnosis and treatment items, and medical service facilities standards.

If the insured really needs emergency treatment or rescue, they can seek medical treatment in non-agreement medical institutions; the scope of drugs that must be used for rescue can be appropriately relaxed. The specific management measures for emergency and rescue medical services of the insured shall be formulated by the overall planning area according to the local actual situation.

Chapter III On Work Injury Insurance

Article 9 If an employee (including a part-time employee) is employed by two or more employers at the same time, each employer shall pay work-related injury insurance premiums for the employee. If an employee is injured at work, the unit where the employee is injured shall bear the liability for work-related injury insurance in accordance with the law.

Article 10 The drunkenness standard in Item 2 of Article 37 of the Social Insurance Law shall be implemented in accordance with the "Threshold and Test of Blood and Exhaled Alcohol Content of Vehicle Drivers" (GB19522-2004). The test conclusions, diagnosis certificates and other materials issued by the traffic management departments of the public security organs, medical institutions and other relevant units in accordance with the law can be used as the basis for determining drunkenness.

Article 11 The work-related death subsidy in Article 38, Item 8 of the Social Insurance Law refers to the one-time work-related death subsidy in Article 39 of the Work Injury Insurance Regulations. The standard is the previous year when the work injury occurred. 20 times the per capita disposable income of urban residents.

The per capita disposable income of urban residents in the previous year was subject to the data released by the National Bureau of Statistics.

Article 12 The wages and benefits during the treatment of work-related injuries in the first paragraph of Article 39 of the Social Insurance Law shall be in accordance with Article 33 of the Regulations on Work-related Injury Insurance concerning the wages, benefits and nursing benefits that employees should enjoy during the period of suspension of work and pay. The provisions are implemented.

Chapter IV On Unemployment Insurance

Article 13 An unemployed person who meets the conditions stipulated in Article 45 of the Social Insurance Law may apply for unemployment insurance money and enjoy other unemployment insurance benefits. Among them, the interruption of employment not due to my will includes the following situations:

The (I) terminates the labor contract in accordance with the provisions of Items 1, 4 and 5 of Article 44 of the Labor Contract Law;

(II) the employer rescinds the labor contract in accordance with the provisions of Articles 39, 40 and 41 of the Labor Contract Law;

(III) the employer proposes to the laborer to terminate the labor contract in accordance with Article 36 of the Labor Contract Law and terminates the labor contract by consensus with the laborer;

(IV) the employer proposes to terminate the employment contract or is dismissed, removed or dismissed by the employer;

The (V) worker himself terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law;

Other circumstances stipulated by (VI) laws, regulations and rules.

Article 14 If an unemployed person is re-employed after receiving unemployment insurance benefits, the payment time shall be recalculated when he becomes unemployed again. If the unemployed do not meet the conditions for receiving unemployment insurance benefits in the current period, the original payment time shall be retained, and if they are re-employed and insured, the payment time shall be calculated cumulatively.

Article 15 During the period of drawing unemployment insurance money, an unemployed person shall actively seek employment and receive job introduction and vocational training. The subsidies for the unemployed to receive job introduction and vocational training shall be paid by the unemployment insurance fund in accordance with the provisions.

Chapter V on fund management and management services.

Article 16 The preparation, examination and approval of the draft budget and final accounts of the social insurance fund shall be carried out in accordance with the provisions of the Opinions of the State Council on the Trial Implementation of the Budget of the Social Insurance Fund (No. 2 of the State Council [2010]).

Article 17 The social insurance agency shall send the personal rights and interests record of the insured person to me by mail at least once a year. At the same time, social insurance agencies can send personal rights records to insured persons through mobile phone text messages or e-mail.

Article 18 Social insurance administrative departments, social insurance agencies and their staff shall keep confidential the information of employers and individuals in accordance with the law, and shall not illegally disclose the following information to others:

(I) information that involves the business secrets of the employing unit or that may harm the legitimate interests of the employing unit after being disclosed;

(II) information concerning personal interests.

Chapter VI Concerning Legal Liability

Article 19 If an employing unit refuses to issue a certificate of termination or termination of labor relations to an employee at the time of termination or termination of a labor contract, resulting in the inability of the employee to enjoy social insurance benefits, the employing unit shall be liable for compensation in accordance with the law.

Article 20 The social insurance premiums payable by the employees shall be withheld and remitted by the employing units. If the employer fails to withhold and pay in accordance with the law, the social insurance premium collection agency shall order the employer to pay within a time limit, and charge the employer a late fee of five ten thousandths per day from the date of non-payment. Employers shall not require employees to bear late fees.

Article 21 If the employing unit has serious difficulties in production and operation due to force majeure, it may suspend the payment of social insurance premiums for a certain period of time after approval by the social insurance administrative department of the provincial people's government, which generally does not exceed one year. During the period of suspension of payment, late fees will be waived. After the expiration, the employer shall pay the corresponding social insurance premiums.

Article 22 If the employer provides a guarantee and signs a deferred payment agreement with the social insurance premium collection agency in accordance with the provisions of Article 63 of the Social Insurance Law, the late payment fee during the deferred payment period shall be exempted.

Article 23 The period during which the employer deferences the payment of social insurance premiums in accordance with Articles 21 and 22 of these Provisions shall not affect the enjoyment of social insurance benefits by its employees in accordance with the law.

Article 24 If the employer fails to inform the employees of the details of the payment of social insurance premiums on a monthly basis, the social insurance administrative department shall order corrections; if it fails to make corrections within the time limit, it shall be dealt with in accordance with Article 30 of the "Labor Security Supervision Regulations.

Article 25 Where medical institutions, drug dealers and other social insurance service institutions defraud social insurance fund expenditures by fraud, forgery of certification materials or other means, the social insurance administrative department shall order the refund of the defrauded social insurance funds and impose a fine of not less than two times but not more than five times the amount defrauded. For medical institutions and pharmaceutical business units that have signed service agreements with social insurance agencies, the social insurance agencies shall be held accountable in accordance with the agreements. If the circumstances are serious, the service agreements signed with them may be terminated. For the directly responsible persons in charge and other directly responsible persons who are qualified to practice, the relevant competent department that has recommended the granting of their practice qualifications by the social insurance administrative department shall revoke their practice qualifications in accordance with the law.

Article 26: Social insurance agencies, social insurance premium collection agencies, social insurance fund investment and operation agencies, institutions that open special accounts for social insurance funds, special account management banks and their staff have the following illegal circumstances, the social insurance administration The department shall investigate and deal with it in accordance with the provisions of Article 91 of the Social Insurance Law:

(I) the social insurance funds that have been and have been collected, by means of hiding or illegally placing them, and failing to collect or record them in accordance with the regulations;

(II) transferring the social insurance fund to an account other than the special account of the social insurance fund in violation of regulations;

(III) embezzling social insurance funds;

(IV) crowding out various social insurance funds or other social security funds into social insurance funds;

(V) the use of social insurance funds to balance the financial budget, build and renovate office space and pay personnel funds, operating expenses and management expenses;

(VI) violating the investment and operation policies stipulated by the state.

Chapter VII Other

Article 27 If a social insurance dispute arises between an employee and his employer, he or she may apply for mediation, arbitration and bring a lawsuit in accordance with the provisions of the the People's Republic of China Labor Dispute Mediation and Arbitration Law and the Labor and Personnel Dispute Arbitration Rules.

If an employee believes that the employer has not paid social insurance premiums for him on time and in full, etc., it may also request the social insurance administrative department or social insurance premium collection agency to deal with it in accordance with the law. The social insurance administrative department or the social insurance premium collection agency shall handle it in accordance with the social insurance law and the "Labor Security Supervision Regulations" and other relevant provisions. In the process of handling, if the employer raises an objection to the labor relationship between the two parties, the social insurance administrative department shall continue to handle the matter after ascertaining the relevant facts in accordance with the law.

Article 28 In areas where social insurance agencies collect social insurance premiums, the social insurance administrative departments shall perform the duties of the relevant administrative departments as stipulated in Article 63 of the Social Insurance Law in accordance with the law.

Article 29 The handling of the employer's failure to pay social insurance premiums in full and on time after July 1, 2011 shall be implemented in accordance with the Social Insurance Law and these regulations; for the employer's failure to pay on time and in full before July 1, 2011 The act of paying social insurance premiums shall be implemented in accordance with the relevant regulations of the state and local people's governments.

Article 30 These Provisions shall come into force as of July 1, 2011.