Decree of the President of the People's Republic of China
No. 35 35
The "Social Insurance Law of the People's Republic of China" was adopted by the Seventeenth Meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on October 28, 2010, and is hereby promulgated, effective July 1, 2011.
Hu Jintao, President of the People's Republic of China
October 28, 2010
Social Insurance Law of the People's Republic of China
(Adopted at the 17th meeting of the Standing Committee of the 11th National People's Congress on October 28, 2010)
table of Contents
Chapter 1 General Rules
Chapter 2 Basic Pension Insurance
Chapter 3 Basic Medical Insurance
Chapter Work Injury Insurance
Chapter 5 Unemployment Insurance
Chapter 6 Maternity Insurance
Chapter Social insurance premium collection
Chapter Social Insurance Fund
Chapter 9 Social Insurance Office
Chapter 10 Social Insurance Supervision
Chapter 11 Legal Liability
Chapter 12 Provisions
Chapter 1 General Rules
Article 1 In order to regulate social insurance relations, safeguard the legitimate rights and interests of citizens to participate in social insurance and enjoy social insurance benefits, so that citizens can share development results, promote social harmony and stability, and formulate this law in accordance with the Constitution.
Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance, and maternity insurance to ensure that citizens receive material help from the state and society in accordance with law in the event of old age, illness, work injury, unemployment, and childbirth s right.
Article 3 The social insurance system adheres to the principles of broad coverage, basic insurance, multi-levels, and sustainability. The level of social insurance should be compatible with the level of economic and social development.
Article 4 Employees and individuals in the People's Republic of China pay social insurance premiums in accordance with law, have the right to query payment records, personal rights and interests records, and request social insurance agencies to provide social insurance consulting and other related services.
Individuals enjoy social insurance benefits in accordance with the law and have the right to supervise the payment of their contributions by the unit.
Article 5: People's governments at or above the county level shall incorporate social insurance undertakings into national economic and social development planning.
The state raises social insurance funds through multiple channels. The people's governments at or above the county level shall provide necessary financial support for social insurance undertakings.
The state supports social insurance under the preferential tax policy.
(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 social insurance fund supervision and management systems to ensure the safe and effective operation of social insurance funds.
The 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 social insurance administration department of the State Council is responsible for the management of social insurance nationwide, and other relevant departments of the State Council are responsible for the relevant social insurance work within their respective responsibilities.
The social insurance administrative department of the local people's government at or above the county level is responsible for the management of social insurance in its own administrative region, and other relevant departments of the local people's government at or above the county level are responsible for related social insurance work within their respective responsibilities.
Article 8 The social insurance agency provides social insurance services and is responsible for social insurance registration, personal rights records, and social insurance benefits payment.
Article 9 The trade union safeguards the lawful rights and interests of employees in accordance with the law, has the right to participate in the study of major issues of social insurance, participate in the social insurance supervision committee, and supervise matters related to employees' social insurance rights.
Chapter Basic Pension Insurance
Article 10 Employees shall participate in basic endowment insurance, and employers and employees shall jointly pay basic endowment insurance premiums.
Individual industrial and commercial households without employees, part-time employees who do not participate in the basic endowment insurance of the employer and other flexible employment personnel can participate in the basic endowment insurance, and the basic endowment insurance premiums shall be paid by individuals.
办法 The measures for the endowment insurance of civil servants and staff members managed with reference to the Civil Service Law shall be prescribed by the State Council.
Article 11 Basic endowment insurance combines social pooling with personal accounts.
The basic old-age insurance fund consists of employer and individual contributions and government subsidies.
Article 12 Employers shall pay basic endowment insurance premiums in proportion to the total wages of their employees as stipulated by the state, which shall be recorded in the basic endowment insurance pool fund.
Employees shall pay the basic endowment insurance premiums in accordance with the proportion of their own wages as stipulated by the state, and record them in their personal accounts.
Individual industrial and commercial households without employees, part-time employees who do not participate in the basic endowment insurance of the employer and other flexible employed persons who participate in the basic endowment insurance shall pay the basic endowment insurance premiums in accordance with state regulations and shall be recorded in the basic endowment insurance pool fund And personal accounts.
Article 13 Before the employees of state-owned enterprises and public institutions participate in the basic endowment insurance, the government shall bear the basic endowment insurance premiums which shall be deemed to be paid during the payment period.
政府 When the basic pension insurance fund is underpaid, the government subsidizes it.
Article 14 Personal accounts may not be withdrawn in advance, and the interest rate for bookkeeping shall not be lower than the interest rate on bank time deposits, exempt from interest tax. If an individual dies, the personal account balance can be inherited.
Article 15 The basic pension consists of a unified pension and a personal account pension.
The basic pension is determined based on factors such as the individual's accumulated payment period, paid wages, average wages of local employees, the amount of personal accounts, and the average life expectancy of the urban population.
Article 16 Individuals participating in the basic endowment insurance, who have accumulated a total of 15 years of contributions when they reach the statutory retirement age, shall receive a basic pension on a monthly basis.
Individuals participating in the basic endowment insurance who have accumulated contributions less than fifteen years when they reach the statutory retirement age can pay to full fifteen years and receive basic pensions on a monthly basis; they can also be transferred to the new rural social endowment insurance or urban resident social endowment insurance. , In accordance with the provisions of the State Council to enjoy the corresponding endowment insurance benefits.
Article 17 Individuals participating in the basic endowment insurance who die due to illness or non-work, their survivors can receive funeral subsidies and pensions; when they have not reached the legal retirement age, they are completely incapacitated due to illness or non-work-related disability. Yes, they can receive sickness allowance. The required funds are paid from the basic pension insurance fund.
Article 18 The state establishes a normal adjustment mechanism for basic pensions. In accordance with the increase in average wages and prices of employees, the level of basic pension insurance benefits will be increased in a timely manner.
Article 19 If an individual is employed across the overall planning area, the basic endowment insurance relationship will be transferred with him and the payment period will be calculated cumulatively. When an individual reaches the legal retirement age, the basic pension is calculated in stages and paid uniformly. The specific measures by the State Council.
Article 20 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 new rural social endowment insurance benefits consist of a basic pension and a personal account pension.
的 Rural residents participating in the new-type rural social endowment insurance meet the conditions prescribed by the state and receive new-type rural social endowment insurance benefits on a monthly basis.
Article 22 The state establishes and improves the social endowment insurance system for urban residents.
The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may combine and implement the social pension insurance for urban residents and the new rural social pension insurance according to actual conditions.
Chapter III: Basic Medical Insurance
Article 23 Employees shall participate in basic medical insurance for employees, and employers and employees shall jointly pay basic medical insurance premiums in accordance with state regulations.
Individual industrial and commercial households without employees, part-time employees who do not participate in the employee's basic medical insurance and other flexible employment personnel in the employer can participate in the employee's basic medical insurance, and individuals pay basic medical insurance premiums in accordance with state regulations.
Article 24 The state establishes and improves a new rural cooperative medical system.
办法 Administrative measures for new rural cooperative medical care shall be prescribed by the State Council.
Article 25 The state establishes and improves the basic medical insurance system for urban residents.
The basic medical insurance for urban residents is a combination of personal contributions and government subsidies.
政府 Governments will provide subsidies to the individuals who enjoy the minimum living security, disabled persons with disabilities, disabled people in low-income families, senior citizens over the age of 60, and minors.
Article 26 The treatment standards for basic medical insurance for employees, new rural cooperative medical care and basic medical insurance for urban residents shall be implemented in accordance with state regulations.
Article 27 Individuals participating in the basic medical insurance of employees who have reached the statutory retirement age and whose accumulated contributions have reached the nationally prescribed years shall not pay the basic medical insurance premiums after retirement and shall enjoy basic medical insurance treatment in accordance with national regulations; , You can pay the fee to the nationally prescribed period.
Article 28 Medical expenses that meet the basic medical insurance drug list, diagnosis and treatment items, medical service facilities standards, and emergency and rescue expenses shall be paid from the basic medical insurance fund in accordance with national regulations.
Article 29 The part of the medical expenses of the insured personnel that should be paid by the basic medical insurance fund shall be settled directly by the social insurance agency and the medical institution and the pharmaceutical business unit.
The social insurance administrative department and the health administrative department shall establish a settlement system for medical expenses for medical treatment in different places, so that the insureds can enjoy the basic medical insurance treatment.
Article 30 The following medical expenses are not included in the scope of payment of the basic medical insurance fund:
(1) It shall be paid from the work injury insurance fund;
(2) It shall be borne by a third party;
(3) Those that should be borne by public health;
(4) Those who seek medical treatment abroad.
Medical expenses shall be borne by a third party according to law. If the third party fails to pay or cannot determine the third party, the basic medical insurance fund shall pay in advance. After the basic medical insurance fund has paid in advance, it has the right to claim compensation from a third party.
Article 31 The social insurance agency may, according to the needs of management services, sign service agreements with medical institutions and pharmaceutical business units to regulate the behavior of medical services.
The medical institution shall provide reasonable and necessary medical services to the insured.
Article 32 In the case of an individual who is employed across the overall planning area, his basic medical insurance relationship will be transferred with him, and the payment period will be calculated cumulatively.
Chapter 4: Work Injury Insurance
Article 33 Employees shall participate in work-related injury insurance. The employer shall pay the work-related injury insurance premium, and the worker shall not pay the work-related injury insurance premium.
Article 34 The state determines the differential rates of industries according to the degree of risk of industrial injury in different industries, and determines the rate grades in each industry based on the use of the industrial injury insurance fund and the incidence of industrial injuries. Differentiated industry rates and intra-industrial rate grades are formulated by the social insurance administrative department of the State Council and announced for implementation after approval by the State Council.
The social insurance agency determines the employer's contribution rate based on the employer's use of the work-related injury insurance fund, the rate of occupational injury, and the rate of the industry to which it belongs.
Article 35 The employer shall pay the work injury insurance premium in accordance with the total wages of its employees and at the rate determined by the social insurance agency.
Article 36 Employees who are injured by an accident or suffer from occupational diseases due to work, and who have been certified for work-related injuries, are entitled to work-related injury insurance benefits. Among them, those who have lost their working capacity through labor capacity appraisal are entitled to disability.
The identification of work-related injuries and the appraisal of work ability should be simple and convenient.
(Article 37) Employees who are injured or killed in work due to one of the following circumstances shall not be regarded as work-related injuries:
(1) Intentional crime;
(2) Drunk or drug taking;
(3) self-harm or suicide;
(4) Other circumstances as provided by laws and administrative regulations.
Article 38 The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance fund in accordance with state regulations:
(1) Medical expenses and rehabilitation expenses for treating work-related injuries;
(2) Food subsidy for hospitalization;
(3) Transportation, board and lodging expenses for medical treatment outside the overall planning area;
四 (4) Expenses required for installing disability assistive devices;
(5) Living care expenses confirmed by the labor capacity appraisal committee if they cannot take care of themselves;
(6) One-time disability subsidy and monthly disability allowances for employees with disabilities from grades 1 to 4;
(7) A one-time medical subsidy that should be enjoyed when the labor contract is terminated or terminated;
(8) In case of death due to work, the family members receive funeral subsidies, support relatives' pensions and death benefits due to work;
(9) Labor capacity appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with state regulations:
(1) Wages and benefits during treatment of work-related injuries;
(2) Disability allowances received by disabled employees at levels 5 and 6 on a monthly basis;
(3) When the labor contract is terminated or terminated, a one-time disability employment subsidy should be enjoyed.
Article 40 职工 Employees who are injured at work meet the conditions for receiving basic pensions, they will stop receiving disability benefits and enjoy basic pension insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference from the work injury insurance fund.
Article 41 Employing unit where the employee belongs fails to pay the work injury insurance premium in accordance with the law. In the event of a work injury accident, the employer shall pay the work injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work injury insurance fund.
待遇 The work injury insurance benefits paid in advance from the work injury insurance fund shall be repaid by the employer. If the employer does not repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.
Article 42 的 In the case of a work-related injury caused by a third person, if the third person fails to pay for the medical expenses of the work-related injury or cannot determine the third person, the work-related injury insurance fund shall pay in advance. After the work injury insurance fund pays in advance, it has the right to claim compensation from a third party.
Article 43 Employees who suffer from work-related injuries shall cease to enjoy the benefits of work-related injury insurance if:
(1) Loss of the conditions for enjoying treatment;
(2) refusing to accept labor capacity appraisal;
(3) Refusing treatment.
Chapter 5: Unemployment Insurance
Article 44 Employees shall participate in unemployment insurance, and employers and workers shall jointly pay unemployment insurance premiums in accordance with state regulations.
Article 45 Unemployed persons who meet the following conditions shall receive unemployment insurance benefits from the unemployment insurance fund:
(1) The employer and the employee have paid unemployment insurance premiums for at least one year before becoming unemployed;
(2) Those who have not interrupted employment due to their own wishes;
(3) Those who have registered for unemployment and have job search requirements.
Article 46 If the unemployed person and the employer have paid a total of one year and less than five years of accumulated contributions, the maximum period for receiving unemployment insurance benefits is twelve months; if the cumulative payment is five years and less than ten years, they receive unemployment insurance. The maximum period of payment is 18 months; if the accumulated payment is more than ten years, the maximum period for receiving unemployment insurance payment is 24 months. After re-employment, if you are unemployed again, the payment time will be recalculated, and the period of receiving unemployment insurance benefits and the period of unemployment insurance benefits that should have been received in the previous unemployment period but not yet received should not be more than 24 months.
Yi Di