《中华人民共和国社会保险法》

Adopted at the 17th Meeting of the Standing Committee of the 11th National People’s Conference on October 28, 2010

Chapter One　General Provisions

Article 1 This Law has been enacted in accordance with Constitution for the purpose of regulating social insurance relationships, protecting citizens’ legitimate rights to access social insurance and enjoy social insurance benefits, sharing the development achievements with citizens, promoting social harmony and stability.

Article 2 The state shall establish the basic pension insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance and other social insurance system, ensuring the citizens’ rights to material assistance in old age, sickness, work injury, unemployment and maternity from the state and society in accordance with the law.

Article 3 The social insurance system shall adhere to wide coverage, guaranteed basics, multi-level, sustainable policy; social insurance level shall match with economic and social development level.

Article 4 Employers and individuals in People's Republic of China shall pay social insurance premiums in accordance with law and they shall be entitled to check payment records, personal rights records and request social insurance agencies provide social insurance consulting and other related services.

Individuals shall enjoy social insurance treatment in accordance with the law and they shall have the right to monitor their employers to pay their insurance premiums.

Article 5 People's governments above the county level shall take social insurance into national economic and social development planning.

The state shall raise social insurance funds through various channels. People's governments above the county level shall give the necessary funding support to social insurance funds.

The state shall support the cause of social insurance through tax preferential policies.

Article 6 The State shall have strict supervision of social insurance funds.

State Council and people’s governments of the provinces, autonomous regions and municipalities shall establish a sound social insurance fund supervision and management system ensuring the social insurance fund is safe and in effective operation.

People's governments above the county level shall take measures to encourage and support all sectors of society to participate in social insurance funds supervision.
Article 7 The State Council social insurance administrative department shall be responsible for national social insurance management; other relevant departments of the State Council shall be responsible for social insurance within their respective functions.
Social insurance administrative departments of local people's governments above the county level shall be in charge of the social insurance administration of their respective administrative regions; relevant departments of local governments above the county level shall be responsible for social insurance within their respective functions.

Article 8 Social insurance agencies shall provide social insurance services, be responsible for social insurance registration, individual rights records, social insurance benefits payments and so on.

Article 9 The trade unions shall safeguard the legitimate rights and interests of employees, get involved in important matters of social insurance, participate in social insurance supervisory board and monitor matters related to social insurance benefits of the employees.

Chapter Two　Basic Pension Insurance

Article 10 Employees should participate in the basic pension insurance; the basic pension insurance shall be paid jointly by employers and employees.

Private business owners without other employee, non-fulltime employees not participating in their employers’ basic pension insurance and other flexible part-time employees can participate in the basic pension insurance; such basic pension insurance premiums shall be paid by the participating individuals.

Measures of pension insurance for civil servants and the staff managed in accordance with civil servants laws shall be formulated by the State Council.

Article 11 Basic pension insurance shall combine overall social programs with individual accounts.

Basic pension insurance fund shall be made up by premiums paid by the employers and individuals as well as government subsidies and other components.

Article 12 Employers shall pay basic pension insurance for employees in accordance with the ratio of total wages stipulated by the state, such basic pension insurance payment shall be credited to basic pension insurance fund.

Employees shall pay their basic pension insurance in accordance with the ratio of wages stipulated by the state; such basic pension insurance payment shall be recorded in individual accounts.

Private business owners without other employee, non-fulltime employees not participating in their employers’ basic pension insurance and other flexible part-time employees participating in the basic pension insurance shall pay basic pension insurance premiums in accordance with state regulations, such basic pension insurance premiums shall be credited to the basic pension insurance fund and individual accounts.

Article 13 Before the employees of state-owned enterprises and public institutions participating in basic pension insurance, basic pension insurance premiums to be paid during regarded as payment period shall be borne by the Government.

The government shall supplement any shortage in basic pension insurance fund.

Article 14 Personal accounts are forbidden to be withdrawn early, the billing rate shall not be lower than the bank fixed term savings’ rates, interest tax shall be exempted. In case of deceased accountholder, the personal account balance can be inherited.

Article 15 Basic pension includes the general basic pension and personal pension accounts.

The basic pension shall be determined according to individual cumulative number of years, wages, the average wage of local employees, the amount of personal accounts, the average life expectancy of the urban population and other factors.

Article 16 Individuals participating in basic pension insurance, when reaching statutory retirement age with over fifteen years of payment in total, shall receive a monthly basic pension.

Individuals participating in basic pension insurance, when reaching the statutory retirement age with less than fifteen years of accumulated payment, can pay to make the full fifteen years and receive a monthly basic pension; or get transferred to the new rural social pension insurance or urban social residents pension insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.

Article 17 If individuals participating in basic pension insurance passed away due to illness or non-work-related reasons, their dependents can receive funeral subsidies and survivor’s pension; if they suffered complete loss of ability to work before reaching the statutory retirement age due to illness or non-work-related reasons, they can receive incapacity benefit. The funds required shall be paid from the basic pension insurance fund.

Article 18 The state shall establish mechanisms to regulate adjustment of basic pensions and raise the level of basic pension benefits according to average wage growth and inflation status.

Article 19 For individuals who are employed cross the program regions, their basic pension insurance shall be transferred with them, number of payments years shall be calculated cumulatively. When individuals reach the statutory retirement age, the basic pension shall be calculated on the basis of segment and paid together. The specific measures shall be formulated by the State Council.

Article 20 The state shall establish and optimize the new rural social pension insurance system.
The new rural social pension insurance shall combine individual contributions and collective subsidy and government subsidies.

Article 21 The new rural social pension insurance include the basic pension and individual account pension.
Rural residents participating in the new rural social pension insurance can receive monthly new rural social pension insurance benefits if they qualify for conditions stipulated by the state.
Article 22 The state shall establish and optimize urban residents’ social pension insurance system.

People’s government of provinces, autonomous regions and municipalities can combine and implement urban residents social pension insurance and new rural social pension insurance according to actual situations.

Chapter Three　Basic Medical Insurance

Article 23 Employees shall join the employee basic medical insurance; the employers and employees shall co-pay basic medical insurance in accordance with national provisions.

Private business owners without other employee, non-fulltime employees not participating in their employers’ basic pension insurance and other flexible part-time employees can participate in the basic medical insurance; such basic medical insurance premiums shall be paid by the participating individuals in accordance with national provisions.

Article 24 The state shall establish and optimize the new rural cooperative medical care system.

Management measures of new rural cooperative medical care shall be stipulated by the State Council.

Article 25 The state shall establish and optimize the basic medical insurance system for urban residents.

Basic medical insurance for urban residents shall combine personal contributions and government subsidies.

Individual contributions required by people with minimum living allowance, disabled people with incapacity, low-income families, senior citizens over sixty years of age, or under aged minors shall be paid by the government subsidies.

Article 26 Employee basic medical insurance, new rural cooperative medical care and basic medical insurance for urban residents shall comply with the standards of the national regulations.

Article 27 For individuals participating in employees’ basic medical insurance, if their cumulative contribution reached the stipulated number of years by the state by the time of their statutory retirement age, they do not need to pay the basic medical insurance premium after retirement and shall be entitled to basic medical insurance benefits; if they did not reach the stipulated level by time of retirement, they shall continue to pay such premiums till stipulated number of years by the state.

Article 28 Medical costs that comply with basic medical insurance medicine catalogue, treatment projects, medical service standards, emergency medical services and first aid medical costs shall be paid from basic medical insurance fund in accordance with state regulations.

Article 29 Medical expenses of such insurance participants to be paid by the basic medical insurance fund shall be directly settled by the social insurance agencies, medical institutions and pharmaceutical business units.

Social insurance administration and health care administration departments shall establish medical expenses settlement system allowing payment at different locations to facilitate the insured enjoy basic medical insurance benefits.

Article 30 The following medical expenses are not to be paid with the basic medical insurance fund:

(1) expenses that should be paid from the work injury insurance fund;
(2) expenses that should be paid by a third party;
(3) expenses to be covered by the public health fund;
(4) overseas medical treatment.

If the third party refuses to pay for medical costs that should be covered by a third party in accordance with law, or such third party cannot be determined, the basic medical insurance fund shall pay for such costs first. After such payment made by the basic medical insurance fund, the basic medical insurance fund shall be entitled to chase such third party for payment.

Article 31 Social insurance agencies can sign service agreement with medical institutions and pharmaceutical business to regulate medical services, subject to needs of management services.
Medical institutions shall provide reasonable and necessary medical services for the insured.
Article 32 For individuals employed cross the regions, their basic medical insurance relationship shall be transferred with them, their number of payment years shall be calculated cumulatively.

Chapter Four　Work-Related Injury Insurance

Article 33 Employees should participate in work-related injury insurance paid by their employers. Employees shall not be liable for work-related injury insurance premiums.

Article 34 The state shall determine the differential rates of work-related injuries according to the degrees of injury risks of different industries, and it shall determine different premium rates of each industry according to work injury insurance fund, occurrence rates of such injuries in each industry. Differential industry premium rates and differential rates within an industry shall be determined by the State Council social insurance administrative department, and they shall be promulgated and come into force upon State Council’s approval.

Social insurance agencies determine the employers’ contribution rates according to the employers’ use of the work-related injury insurance fund, occurrence rates of injury and industry premium rates, etc.

Article 35 Employer shall pay for work-related injury insurance according to the total wages of all employees and premium rates determined by social insurance agencies.

Article 36 Employees that suffered from accidents due to work or occupational sickness can enjoy the work-related injury insurance benefits after being confirmed as work-related injuries; those who are identified as being incapable of working shall be entitled to incapacity benefits.

Identification of injury and the ability to work should be simple and convenient.

Article 37 Employees’ injuries or death caused under the following circumstances shall not be identified as work-related injuries:

(1) intentional crime;
(2) drunkenness or drug abuse;
(3) self-harm or suicide;
(4) other cases stipulated by legal and administrative regulations.

Article 38 The following costs for work-related injuries shall be paid by work-related injury insurance fund in accordance with state regulations:

(1) Medical treatment expenses and rehabilitation expenses of work-related injury;
(2) Hospital food subsidies;
(3) Traffic, food and accommodation expenses for medical treatment outside the designated area;
(4) Installation and configuration costs of supportive devices for the disabled and injured;
(5) Life care allowance for those who cannot take care of themselves upon confirmation by Work Capacity Commission;
(6) A one-off incapacity allowance and monthly disability benefits for grade one to grade four incapacitated employees;
(7) While terminating or dissolving the labor contract, employees shall be entitled to a lump-sum medical subsidy;
(8) In case of occupational death, their dependents shall be entitled to receive funeral benefits, family support pensions and occupational death subsidy;
(9) Working capacity assessment fee.

Article 39 The following costs from work-related injuries shall be paid by the employers in according with state regulations:

(1) wages and benefits during the treatment of injuries;
(2) grade five and grad six incapacitated workers shall receive a monthly incapacity allowance;
(3) in case of termination or dissolution of the labor contract, the lump-sum incapacity employment subsidy.

Article 40 Incapacity benefits for injured workers who are eligible for the basic pension conditions shall be suspended, and they shall be entitled to the basic pension insurance benefits. If basic pension insurance benefits are lower than the incapacity allowance, the difference shall be made up from the work-related injury insurance fund.

Article 41 If employers fail to pay work-related injury insurance premium in accordance with law, in case of work-related accidents, the employers shall pay for the work-related injury insurance benefits. Work-related insurance fund shall advance such payment if the employers don’t pay such costs.

Work-related injury benefits paid in advance by the work injury insurance fund shall be repaid by the employers. If the employers do not pay, social insurance agencies shall be entitled to chase for such payment in accordance with the provisions of Article 63 of this Law.

Article 42 Work-related injury caused by the third party and the third party does not pay work-related injury medical expenses or if the third party cannot be determined, the work-related injury insurance fund shall advance such payment. After such advance payment by work-related injury insurance fund, said fund shall be entitled to chase for the payment from the third party.

Article 43 Under one of the following circumstances, employees with work-related injuries shall cease to enjoy the work-related injury insurance benefits:
(1) if they don’t qualify for such benefits;
(2) if they refuse to accept the work capacity assessment;
(3) if they refuse to be treated.

Chapter Five　Unemployment Insurance

Article 44 Employees should participate in unemployment insurance, jointly paid by employers and employees in accordance with the state unemployment insurance regulations.

Article 45 Those unemployed personnel who meet the following conditions shall receive unemployment insurance benefits from unemployment insurance fund:

(1) The employer and the unemployed have paid unemployment insurance premiums for one year before the unemployment;
(2) The employment was not terminated out of one’s own will;
(3) The unemployment has been registered, and said personnel has intention to seek employment.

Article 46 If the employers and the unemployed personnel pay more than one year but less than five years of cumulative insurance premiums before the unemployment, the maximum unemployment insurance benefits is up to twelve months; if the cumulative payment is more than five years but less than ten years, the maximum unemployment insurance benefits is up to eighteen months; if the cumulative payment is more than ten years, the maximum unemployment insurance benefits is up to twenty four months. For unemployment after the re-employment, premium payment time shall be recalculated; the period of receiving unemployment insurance payments should be calculated together with the unclaimed unemployment insurance from previous time, the maximum would be no more than twenty four months.

Article 47 Unemployment insurance standards shall be determined by the people’s government of provinces, autonomous regions and municipalities and they shall be no less than the minimum living standard of urban residents.

Article 48 The unemployed who receive unemployment insurance shall participate in the employee basic medical insurance and can access to basic health insurance benefits.

Unemployed personnel's basic medical insurance premium shall be paid from the unemployment insurance fund and the individual does not pay the basic medical insurance.

Article 49 If the unemployed person deceased while receiving unemployment insurance, with reference to regulations of local workers’ death, the dependents shall be given a lump-sum funeral allowance and survivors pension. The funds required shall be paid from the unemployment insurance fund.

People died while eligible for basic pension insurance funeral allowance, work-related injury insurance funeral allowance and unemployment insurance funeral allowance, the dependent can choose to receive only one of them.

Article 50 The employers shall issue certificate of termination or dissolution of labor contract for the unemployed in a timely manner, and inform the social insurance agencies of the list of unemployed personnel within fifteen days of terminating or dissolving labor relations.

Unemployed personnel should register themselves as unemployed with proof of termination or dissolution of labor relations issued by employers at designated public employment service agencies in a timely manner.

The unemployed personnel shall claim for unemployment insurance benefits with unemployment registration certificate and personal I.D. at social insurance agencies. The period of unemployment insurance benefits shall start as of the date of unemployment registration.

Article 51 Unemployed people receiving unemployment insurance under one of the following circumstances, shall stop receiving unemployment insurance benefits and other unemployment insurance treatments:
(1) Re-employment;
(2) candidates for military service;
(3) emigrated abroad;
(4) enjoy the basic pension insurance benefits;
(5) without any justifiable reason, refused to accept appropriate work or training provided by local people's government departments or agencies.

Article 52 For employees working at regions other than their designated insurance region, the unemployment insurance relationship shall transfer with them; the premium payment years shall be calculated cumulatively.

Chapter Six　Maternity Insurance

Article 53 Employees shall participate in maternity insurance, the employers shall pay maternity insurance in accordance with state regulations; employees do not pay for maternity insurance premiums.

Article 54 Those employers who have paid maternity insurance premiums, their employees shall be entitled to maternity insurance benefits; the employees’ spouses shall have their maternity medical expenses covered. The funds required shall be paid from the maternity insurance fund.

Maternity insurance benefits include maternity health care costs and birth allowances.

Article 55 Maternity health care costs include the following:

(1) Maternity medical costs;
(2) health care costs of family planning;
(3) other project costs stipulated by laws and regulations.

Article 56 Employees shall be entitled to maternity benefits under one of the following circumstances:

(1) female employees on maternity leave;
(2) on leave for family planning surgery;
(3) other circumstances stipulated by laws and regulations.

Maternity allowance shall be paid in accordance with the employers’ average monthly staff wage of the previous year.

Chapter Seven　Social Insurance Premium Collection

Article 57 Employers shall, within thirty days of the establishment, apply for social insurance registration with their business license, registration certificate or official seal at the local social insurance agency. Social insurance agencies should review the application and issue social insurance registration certificate within fifteen days of receiving the application.

If the employers’ social insurance registration change or the employer terminates in accordance with law, changes or termination of social insurance registration should be processed within thirty days of such alteration or termination at the social insurance agency.

The industry and commerce administrative department, civil affairs departments and the institution establishment management authorities shall promptly inform the social insurance agency of the establishment and termination of the employers; the public security authorities shall promptly inform the social insurance agency of individual births, deaths, and household registration, migration, cancellation and so on.

Article 58 Employers shall, within thirty days of employment, apply to the social insurance agency for social insurance registration of their employees. For those who without social insurance registration, the social insurance agency shall determine their social insurance premiums.

Private business owners without other employee, non-fulltime employees not participating in their employers’ basic pension insurance and other flexible part-time employees participating in the social insurance voluntarily shall apply for social insurance registration at social insurance agency.

The state shall establish unitary national social security number. Individual social security number shall be a citizen’s I.D. number.

Article 59 People's governments above the county level shall strengthen its work of collecting social insurance premium.

Social insurance premiums shall be collected unitarily, implementation procedures and measures shall be determined by the State Council.

Article 60 The employers shall file and pay their social insurance premiums in full, no delay or exemption shall be allowed except for statutory matters such as force majeure. Social insurance premiums to be paid by employees shall be paid through the employers by deducting the premiums from the payrolls; the employers shall inform the employees of the details of social insurance premium payment on a monthly basis.

Private business owners without other employee, non-fulltime employees not participating in their employers’ basic pension insurance and other flexible part-time employees shall pay social insurance premiums directly to the social insurance premiums collection agency.

Article 61 Social insurance premium collection authorities shall collect social insurance premiums in full in a timely manner in accordance with law and notify the employers and employees of the payment of premiums on a regular basis.

Article 62 If employers fail to declare the amount of social insurance premiums to be paid, one hundred and ten percent of the employer’s previous month payment shall be paid; after such employers make up for the missed declaration procedures, the social insurance collection authorities shall settle the payment in accordance with regulations.

Article 63 If the employers fail to pay social insurance premiums in full, the social insurance premium collection authorities shall set a payment deadline to make up the payment.

If the employer fails to pay or make up overdue social insurance premium, social insurance collection authorities shall be entitled to inquire about their deposit accounts from banks and other financial institutions and they shall be entitled to apply for allocation of the social insurance premium payment to be paid directly from their bank opening account or other financial institution through writing notification by relevant administrative departments at above the county level. If the employers’ account balance is less than the social insurance premiums to be paid, social insurance premium collection authorities shall be entitled to require the employer to provide security and enter into deferred payment agreements.

If employers fail to pay social insurance premiums in full and did not provide security, social insurance premium collection authorities shall be entitled to apply to court to seize, seal, and auction properties equivalent to the value of the social insurance premiums to be paid, the auction proceeds shall be used to offset the social insurance premiums.

Chapter Eight　Social Insurance Fund

Article 64 Social insurance funds include the basic pension insurance fund, basic medical insurance fund, work-related injury insurance fund, unemployment insurance fund and maternity insurance fund. Various social insurance funds set up their accounts separately according to respective social security insurance and settle their accounts independently, implementing the unitary national accounting system.

Social insurance funds are earmarked, no organization or individual may encroach or misappropriate.

The basic national pension insurance fund shall gradually implement national co-ordination, and other social insurance funds shall gradually implement coordination at the provincial level; the specific time and procedures shall be determined by the State Council.

Article 65 The social insurance fund shall achieve balanced expenses and income through budgets.

The people's governments above the county level shall provide subsidies in case of social insurance fund shortages.

Article 66 Social insurance fund shall set up budgets in accordance with coordination levels. Social insurance fund budgets shall be prepared in accordance with social insurance projects.

Article 67 Social insurance fund budget, the drafting, reviewing and approval of final settlement shall be implemented in accordance with law and State Council regulations.

Article 68 Social insurance funds shall be deposited into fiscal accounts, specific management measures shall be determined by the State Council.
Article 69 Social insurance funds, under the premise that security is guaranteed, shall increase the value of investment operations in accordance with the State Council regulations.

The social insurance fund shall not breach regulations in investment operations, or be used to balance other government budgets, be used for the construction or renovation of office space, or be used to pay staff, operating costs, management costs, or violating laws and administrative regulations to be used for other purposes.

Article 70 Social insurance agencies should announce social insurance participation status to the public as well as the social insurance fund revenues, expenditures, balances and earnings.

Article 71 The state shall establish national social security fund, including the central government budget allocations and other means of fundraising approved by the State Council to supplement and adapt social security expense. National social security fund shall be managed and operated by the national social security fund management operating agencies to maintain and increase their value under the premise that security is guaranteed.

National Social Security Fund shall periodically announce to the public about its balances, management and investment operations. State Council financial departments, social security administrative departments, the audition authority shall monitor national social security fund balances, management and investment operations.

Chapter Nine　Social Insurance Procedure

Article 72 Social insurance agencies shall be set up at co-ordination areas. Social insurance agencies can set up branches and service outlets in the region of the co-ordination basing on operational need, upon approval by the local social security administration departments and organizations management authorities.

Social insurance agencies’ H.R. costs, basic operating costs and management fees of handling social insurance shall be protected by the same level fiscal department in accordance with state regulations.

Article 73 Social insurance agencies should establish sound business, financial, security and risk management systems.

Social insurance agencies should pay social insurance benefits in full and in a timely manner.

Article 74 Social insurance agencies shall obtain data required for social insurance through business process, statistics and surveys; the relevant units and individuals shall promptly provide such information truthfully and timely.

Social insurance agencies should create files in time for the employers; completely and accurately record social insurance data of those who participating in social insurance, safekeeping registration, the original declaration documents, payment and settlement accounting documents.
Social insurance agencies should record individuals’ and employers’ contributions to social insurance and social insurance benefits they enjoyed in a timely, completely and accurately manner and send free copies of individual rights records regularly.

Employers and individuals shall be entitled to inquiry at social insurance agencies, check their payment records and received social insurance benefits, requesting social insurance agencies to provide social insurance consulting and other related services for free.

Article75 National social insurance information system shall be planned in accordance with national coordination and jointly constructed by people's governments above the county level in accordance with the principle of graded responsibility.

Chapter Ten　Social Insurance Monitoring

Article 76 Standing Committee of People's Congress at all levels shall listen to and deliberate the same-level people's government special work report on social insurance fund’s balance, management, investment operations, and supervision, organize the implementation of this Law and other law enforcement, and enforce its supervisory functions in accordance with law.

Article 77 The social security administration department of people's governments above the county level shall strengthen the supervision and inspection of employers and individuals’ compliance with social insurance laws and regulations.

When social insurance administration departments implement supervision and inspection, inspected employers and individuals shall truthfully provide relevant information and shall not refuse the inspection or provide false or deceptive reports.

Article 78 The financial departments and the audit authority shall implement supervision of social insurance fund’s balance, management and investment operations in accordance with their respective duties.

Article 79 The administrative departments of social insurance shall conduct inspection on social insurance fund’s balance, management and investment operations; if problems are found, it shall make corrective recommendations, make a decision in accordance to law or suggestion to relevant administrative departments. Social insurance fund inspection results shall be announced to the public on a regular basis.

Social insurance administration departments shall supervise and inspect social insurance funds and they shall be entitled to take the following actions:

(1) access, record, copy information relevant to social insurance funds’ balances, management and investment operation and file what may be moved, hidden or lost;

(2) question relevant employers and individuals relevant to the investigating matters, require them provide explanations and provide supporting materials relevant to investigated issues;

(3) stop and order correction on behaviors such as concealing, transferring and embezzling social insurance funds.

Article 80 Coordination region’s people's government shall set up Social Insurance Regulatory Commission composed of the employers, insurance participants, trade union representatives and experts, master and analyze social insurance funds’ balances, management and investment operations, provide consultation and suggestions for social insurance, and implement social supervision.

Social insurance agencies should regularly report to the Social Insurance Regulatory Commission about social insurance funds’ balances, management and investment operations. Social Insurance Supervisory Board shall hire an accounting firm to conduct annual audits and special audits on social insurance funds’ balance, management and investment operation. Audition results should be made public.

If Social Insurance Regulatory Commission found any problem with social insurance funds’ balances, management and investment operations, they have the right to give rectification recommendations; they shall be entitled to make recommendations to the authorities regarding violations of the social insurance agencies and their staff in accordance with law.

Article 81Social insurance administration department and other relevant administrative departments, social insurance agencies, social insurance premium collection agencies and their staff shall be obligated to keep the employers and individuals’ information confidential, and not disclose such information in any way.

Article 82 Any organization or individual shall have the right to report or complain about violation behavior against the social insurance laws and regulations.

Social insurance administration departments, health care administration departments, social insurance agencies, social insurance premium collection agencies, financial departments and audit authorities shall deal with reports or complaints within the jurisdiction of respective department and institution in accordance with law; cases beyond the jurisdiction of one’s own department or institution, shall be referred to relevant department or institution in writing. Department and institutions empowered to deal with such cases shall promptly deal with these case without prevarication.

Article 83 Employers or individual who believe social insurance premium collection agencies’ behavior harmed their legal rights may apply for administrative reconsideration or file an administrative litigation.

The employers or the individuals may apply for administrative reconsideration or file an administrative litigation in accordance with law if social insurance agencies do not register social insurance in accordance with law, verify social insurance premiums, pay social insurance benefits, follow procedures for the transfer of social insurance or other behavior that harms social insurance rights.

If individuals have social insurance dispute with their employers, the individual can apply for mediation, arbitration and litigation. If employers violate individuals’ social insurance rights and interests, the individuals may request social insurance administrative departments or social insurance premium collection institutions to process such cases in accordance with the law.

Chapter Eleven　Legal Responsibilities

Article 84 The social security administrative department shall order rectification of the employers who do not apply for social insurance registration; employers with overdue correction shall be liable for a fine of 100% or 300% of social insurance premiums, executives directly in charge and other personnel directly responsible shall be liable for a fine of over 500 yuan and less than 3000 yuan.

Article 85 Employer refused to prove termination or dissolution of labor relations shall be dealt with in accordance with regulations of "People’s Republic of China Labor Contract Law".

Article 86 If employers fail to pay social insurance premiums in full on time, the social insurance premium collection agencies shall order a payment or make up within specified deadline, and a fine of 0.05% of the premium shall be added each day since the overdue date; if still not paid in time, relevant administrative departments shall impose a fine of 100% to 300%.

Article 87 If social insurance agencies, medical care institutions, pharmaceutical services etc social insurance service institutions commit social insurance fraud in social insurance funds spending through forgery or fake evidence etc other fraudulent means, the social insurance administrative department shall order the return of social insurance benefits fraudulently obtained with a fine of more than twice and less than five times of paid amount; involved social insurance organizations shall have their service agreement revoked; personnel directly in charge and other directly responsible personnel with qualification shall be revoked of professional qualification in accordance with the law.

Article 88 Social insurance administrative department shall order the return of social insurance benefits fraudulently obtained by those who committed social insurance fraud through forgery or other fraudulent means, a fine of more than twice the amount and less than five times the amount shall be imposed.

Article 89 Social insurance administration departments shall order rectification of one of the following behaviors of social insurance agencies and their staff; in cases of damages to the social insurance funds, the employers or individuals, the responsible party shall be liable for compensation in accordance with law; executives directly responsible and other persons directly responsible shall be punished:

(1) failure to fulfill the statutory duties of social insurance;
(2) the social insurance funds are not deposited into the designated fiscal accounts;
(3) to deduct wages or refusing to pay social insurance benefits in a timely manner;
(4) to lose or tamper with the payment records, social insurance benefits records etc social insurance data, other personal rights and interests records;
(5) other acts of violation of the social insurance laws and regulations.

Article 90 Social insurance premium collection agencies willfully change social insurance premium base or premium rates, resulting in charging more or less social insurance premiums, shall be ordered by relevant administrative department to charge underpaid premiums or refund surplus social insurance premiums; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with law.

Article 91 Violation of provisions of this Law by concealing, transferring, appropriating, embezzling social insurance funds or its illegal investment operations shall be retrieved by social insurance administration departments, financial departments, the audit authorities; illegal income shall be confiscated; directly responsible person in charge and other directly responsible persons shall be punished in accordance with law.

Article 92 If social insurance administration and other relevant administrative departments, social insurance agencies, social insurance collection agencies and their employees leak employer or individual information, the directly responsible person in charge and other directly responsible persons shall be punished in accordance with law; such employers or individuals shall be liable for losses and damages thus caused.

Article 93 Abuse of power, dereliction of duty and corruption by the state social insurance staff in management and supervision of the social insurance shall be punished in accordance with law.

Article 94 Violation of this law constitutes a crime, and shall be prosecuted for criminal responsibility.

Chapter Twelve　Supplementary Provisions

Article 95 Migrant rural residents working in the city shall participate in social insurance in accordance with the provisions of this Law.

Article 96 Full amount of social insurance benefits should be paid to the land’s farmers in expropriation of rural collectively owned land, such farmers shall be included in corresponding social insurance system in accordance with the State Council’s regulations.

Article 97 Foreigners working in China shall join social insurance in accordance with provisions of this Law.

Article 98 This Law shall come into force as of July 1, 2011.
 

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