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Provisions of Beijing Municipality on Social Insurance Payment

Decree number. Beijing Municipal People's Government 130

"Several Provisions on Collection and Payment of Social Insurance Fees in Beijing" has been considered and adopted at the 1 1 executive meeting of the Municipal People's Government on July 29, 2003, and is hereby promulgated and shall come into force as of June 10, 2003.

August 4(th), 2003

Article 1 In order to strengthen and standardize the collection and payment of social insurance premiums, these Provisions are formulated in accordance with the Interim Regulations of the State Council Municipality on the Collection and Payment of Social Insurance Fees and in light of the actual situation of this Municipality.

Article 2 These Provisions shall apply to the collection and payment of basic old-age insurance premiums, basic medical insurance premiums, unemployment insurance premiums and work-related injury insurance premiums (hereinafter referred to as social insurance premiums) within the administrative area of this Municipality.

Article 3 District and county people's governments shall lead and organize relevant departments to do a good job in the collection and payment of social insurance premiums in their respective regions.

Article 4 The municipal, district and county labor and social security administrative departments shall be responsible for the management, supervision and inspection of the collection and payment of social insurance premiums within their respective administrative areas. Industry and commerce administration, organization establishment, civil affairs and other departments shall, in accordance with these Provisions, cooperate with the administrative department of labor and social security to do a good job in the collection and payment of social insurance premiums.

Article 5 Social insurance premiums shall be collected centrally and uniformly by social insurance agencies established by the municipal, district and county administrative departments of labor security. The collection scope, payment base and rate of social insurance premiums shall be implemented in accordance with the relevant provisions of the state and this Municipality.

Sixth trade union organizations at all levels shall supervise the payment units to participate in social insurance and pay social insurance premiums according to law. Private individual economic associations shall assist the administrative department of labor security in the collection and payment of social insurance premiums.

Seventh payment units shall, within 30 days from the date of receiving the business license or registration certificate, apply to the local district and county social insurance agencies for social insurance registration.

When handling social insurance registration, the payer shall fill in the social insurance registration form and produce the business license or registration certificate and organization code certificate.

Article 8 After receiving the application from the payer, the social insurance agency shall examine it within 5 working days, and issue a social insurance registration certificate if it meets the requirements.

If the payer terminates or the registered items of social insurance are changed according to law, it shall go through the cancellation or change procedures at the social insurance agency within 30 days from the date of termination or change.

When going through the cancellation procedures, the payer shall settle the social insurance premium, interest, late payment fee and fine that should be paid.

Article 9 The payer shall report the amount of social insurance premiums payable this month to the social insurance agency on a monthly basis, and pay the social insurance premiums in full in cash after being approved by the social insurance agency. Social insurance agencies regularly review the payment of social insurance premiums by payment units.

Article 10 If the payer fails to pay the social insurance premium in full and on time, the administrative department of labor security shall order it to pay it back within a time limit and pay the corresponding interest; If the payment is not made within the time limit, an overdue fine of 2/1000 will be charged on a daily basis from the date of default. Interest is calculated according to the bank deposit rate on the repayment date.

Eleventh social insurance agencies to pay the unit's social insurance premium payment base approved once a year. The approved time is determined and announced by the municipal social insurance agency.

Twelfth social insurance agencies shall announce the collection of social insurance premiums to the public every quarter.

Payment units and individuals have the right to inquire about payment records from social insurance agencies.

Thirteenth any unit or individual has the right to report to the administrative department of labor and social security for violating the Interim Regulations on the Collection and Payment of Social Insurance Fees and these Provisions. The administrative department of labor security shall promptly investigate and deal with it, and inform the informant of the result within 60 days from the date of receiving the report.

Article 14 The administrative department of labor and social security may entrust an accounting firm to examine the payment of social insurance premiums by the payer.

The payer shall not refuse the audit of the accounting firm entrusted by the administrative department of labor and social security, and shall truthfully provide the employment situation, wages, financial statements and other information related to the payment of social insurance premiums. An accounting firm shall keep confidential the relevant information provided by the payer.

Article 15 When conducting annual inspection of enterprises, institutions, social organizations and private non-enterprise units (hereinafter referred to as units), the industrial and commercial administration, organization establishment and civil affairs departments shall cooperate with the administrative department of labor and social security to publicize the Provisional Regulations on the Collection and Payment of Social Insurance Fees and these Provisions, and urge units that have not participated in social insurance or paid social insurance fees to participate in and pay social insurance fees according to law.

Article 16 If a payer violates the provisions of Article 7, paragraph 1, Article 8, paragraph 2 and Article 9, and fails to go through the formalities of social insurance registration, cancellation and change on time or fails to declare the amount of social insurance premiums that should be paid on time, the administrative department of labor security shall order it to make corrections within a time limit. In accordance with the "Interim Regulations on the Collection and Payment of Social Insurance Fees", it will be punished, and its illegal information will be recorded in the city's enterprise credit information system according to law.

Article 17 If a payment unit violates the provisions of the second paragraph of Article 14 of these Provisions, refuses to accept the audit of an accounting firm or fails to provide information on employment, wages and financial statements related to the payment of social insurance premiums, the administrative department of labor and social security shall order it to make corrections and may impose a fine of 6,543,800 yuan.

Article 18 If the administrative department of labor and social security and its social insurance agency fail to investigate and deal with the report in time, deliberately fail to collect or underpay social insurance premiums, forge or tamper with the relevant information of payment units and individuals participating in social insurance and paying social insurance premiums, the responsible persons concerned shall be given administrative sanctions by their units or higher authorities according to law.

Article 19 These Provisions shall come into force as of June 1 day, 2003.