Social Insurance Law of the Peoples Republic of China.docx

1、Social Insurance Law of the Peoples Republic of ChinaSocial Insurance Law of the Peoples Republic of ChinaContentsChapter 1 General Provisions Chapter 2 Basic Pension Insurance Chapter 3 Basic Medical Insurance Chapter 4 Work-related Injury Insurance Chapter 5 Unemployment Insurance Chapter 6 Matern

2、ity Insurance Chapter 7 Collection and Payment of Social Insurance Premiums Chapter 8 Social Insurance Funds Chapter 9 Handling of Social Insurance Chapter 10 Supervision of Social Insurance Chapter 11 Legal Liabilities Chapter 12 Supplementary ProvisionsChapter 1 General Provisions Article 1 This L

3、aw is formulated in accordance with the Constitution for the purposes of regulating social insurance relationship, protecting the legal right and interest of citizens in participating in social insurance and enjoying social insurance benefits, enabling citizens to share the development achievements

4、and promoting social harmony and stability.Article 2 The State establishes social insurance systems such as basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance so as to protect the right of citizens in receiving material ass

5、istance from the State and the society in accordance with the law when getting old, sick, injured at work, unemployed and giving birth.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

6、shall correspond to the level of economic and social development.Article 4 Employing entities and individuals within the territory of the Peoples Republic of China shall pay social insurance premiums in accordance with the law and shall be entitled to enquiry about payment records and personal inter

7、est records and request social insurance agencies to provide relevant services such as social insurance consultation. Individuals may enjoy social insurance benefits and are entitled to supervise the status of premium payment by their own entities for them in accordance with the law.Article 5 People

8、s governments above the county level shall include social insurance undertaking in the national economic and social development plans. The State raises social insurance funds through multiple channels. Peoples governments above the county level shall provide necessary outlay support for social insur

9、ance undertaking. The State supports social insurance undertaking through tax incentive policies.Article 6 The State strictly regulates the social insurance funds. The State Council and the peoples governments of the provinces, autonomous regions and municipalities directly under the Central Governm

10、ent establish and improve the supervision and administration system of the social insurance funds, protect the security of the social insurance funds and ensure their effective operation. Peoples governments above the county level adopt measures to encourage and support all sectors of the society to

11、 participate in the supervision of the social insurance funds.Article 7 The social insurance administration departments of the State Council are responsible for the work with respect to the administration of social insurance throughout the country. Other relevant departments of the State Council are

12、 responsible for the relevant social insurance work within their respective scope of duties. Social insurance administration departments of the local peoples governments above the county level are responsible for the work with respect to the administration of social insurance within their own admini

13、stration regions. Other relevant departments of the local peoples government above the county level are responsible for the relevant social insurance work within their respective scope of duties.Article 8 Social insurance agencies provide social insurance services and are responsible for work such a

14、s social insurance registration, personal interest records and payment of social insurance benefits.Article 9 The trade unions protect the legal interest of the workers in accordance with the law and are entitled to participate in the study of major social insurance issues, join the social insurance

15、 supervision commissions and supervise issues relating to the social insurance interest of the workers.Chapter 2 Basic Pension Insurance Article 10 Workers shall participate in basic pension insurance and the basic pension insurance premiums shall be paid jointly by the employing entities and the wo

16、rkers. Sole proprietors who are not employed, non-full time practitioners and other workers in flexible employment who have not participated in the basic pension insurance in the employing entities may participate in basic pension insurance and pay the basic pension insurance premiums on their own.

17、Measures for the pension insurance of civil servants and staff governed by the civil servant laws shall be prescribed by the State Council.Article 11 Basic pension insurance involves both social coordination and personal accounts. The basic pension insurance fund is made up of payment from the emplo

18、ying entities and individuals and government subsidies.Article 12 An employing entity shall pay the basic pension insurance premium, which shall be included and recorded in the basic pension insurance coordination fund, according to a ratio of the total wage of the worker of the entity that is stipu

19、lated by the State. A worker shall pay the basic pension insurance premium, which shall be included and recorded in the personal account, according to a ratio of the wage of the worker that is stipulated by the State. Sole proprietors who are not employed or non-full time practitioners and other wor

20、kers in flexible employment who have not participated in the basic pension insurance in the employing entities but have participated in basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the State and such premiums shall be included and record

21、ed in the basic pension insurance coordination fund and the personal accounts respectively.Article 13 The basic pension insurance premiums that shall be deemed to have been paid during the payment period before the workers of the State-owned enterprises and institutions participate in the basic pens

22、ion insurance shall be borne by the government. In case the amount in the basic pension insurance fund is insufficient to make payment, the government shall provide the subsidy.Article 14 The amount in the personal account shall not be withdrawn in advance. The interest rate for the amount in the ac

23、count shall not be lower than the banks interest rate for time deposits. Interest rate tax is exempted. The balance in the personal account may be inherited after the death of the individual.Article 15 The basic pension is made up of the coordinated pension and the pension in the personal account. T

24、he basic pension is determined based on factors such as the individuals cumulative premium payment period, the wage from which premium payment is made, the average wage of the local workers, the amount in the personal account and the average life expectancy of the urban population.Article 16 An indi

25、vidual participating in basic pension insurance may collect basic pension on a monthly basis if the cumulative premium payment period reaches 15 years at the time the individual reaches the statutory retirement age. If the cumulative premium payment period is less than 15 years at the time the indiv

26、idual participating in basic pension insurance reaches the statutory retirement age, he/she may continue to pay the premium until the cumulative premium payment period reaches 15 years and then collect the basic pension on a monthly basis, or he/she may transfer to the new rural social pension insur

27、ance or the social pension insurance for urban residents and enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.Article 17 If an individual who participates in basic pension insurance passes away due to sickness or reasons other than work, the f

28、amily members of the deceased may collect funeral allowance and bereavement payment. The individual losing the capacity for work completely due to sickness or disability not caused by work before reaching the statutory retirement age may collect sickness and disability subsidy. The amount required s

29、hall be paid from the basic pension insurance fund.Article 18 The State establishes a normal adjustment mechanism for basic pensions, which increases the basic pension insurance benefits in a timely manner based on the growth of the average wage of the workers and the rise of prices.Article 19 The b

30、asic pension insurance relationship of an individual shall be transferred along with the shift of his/her employment away from the coordinated region but the premium payment period shall be accumulated. When an individual reaches the statutory retirement age, the basic pension will be calculated by

31、phases but will be paid together. The specific measures shall be prescribed by the State Council.Article 20 The State establishes and improves the new rural social pension insurance system. The new rural social pension insurance involves a combination of personal payment, collective subsidy and gove

32、rnment subsidy.Article 21 The new rural social pension insurance benefits are made up of basic pensions and pensions from the personal accounts. Rural residents who participate in new rural social pension insurance and meet the conditions stipulated by the State will collect new rural social pension insurance benefits on a monthly basis.Article 22 The State establishes and improves the social pension insurance system for urban residents. Peoples governments of the provinces, autonomous regions and municipalities directly under the Central Government may combine the impl