Measures of Zhengzhou Municipality on Social Insurance Inspection (revised in 2020)

Article 1 In order to standardize the social insurance inspection work, safeguard the legitimate rights and interests of workers and ensure the safety of social insurance funds, these Measures are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Provisional Regulations on the Collection and Payment of Social Insurance Fees of the State Council and other laws and regulations, combined with the actual situation of this Municipality. Article 2 The term "social insurance inspection" as mentioned in these Measures refers to the administrative law enforcement activities in which social insurance inspection institutions, according to the entrustment of the administrative department of labor and social security, inspect employers and individuals' participation in social insurance, payment of social insurance premiums and enjoyment of social insurance benefits according to law, and deal with violations of social insurance laws, regulations and rules. Article 3 These Measures shall apply to social insurance inspection activities such as pension, unemployment, medical care, work injury and maternity carried out within the overall planning scope of this Municipality. Article 4 Social insurance inspection shall follow the principles of legality, openness, fairness, impartiality and convenience, and adhere to the combination of special supervision and mass supervision, and the combination of education and punishment. Fifth city and county (city, district) labor and social security administrative department is the administrative department in charge of social insurance inspection within the overall scope. City, county (city, district) social insurance inspection institutions specifically implement the social insurance inspection work within the overall scope. Article 6 A data exchange and information sharing mechanism shall be established between the administrative department of human resources and social security and the departments of finance, auditing, market supervision and management, taxation, health, etc., and between social insurance inspection institutions and relevant social insurance handling institutions, so as to improve the efficiency of social insurance inspection. Seventh personnel engaged in social insurance inspection should have the corresponding professional knowledge, familiar with social insurance business and related legal knowledge, and obtain the "Henan Province Administrative Law Enforcement Certificate". Eighth social insurance inspectors shall abide by the following provisions in the inspection work:

(a) to perform their duties according to law, and not to seek personal gain by taking advantage of their positions;

(two) to keep the business secrets and personal privacy of the inspected units or individuals known during the inspection;

(3) keeping confidential the informants;

(4) Other obligations stipulated by laws and regulations. Article 9 A social insurance supervisor shall voluntarily withdraw under any of the following circumstances:

(1) Being related to the person in charge of the auditee or the auditee;

(2) Having an economic interest relationship with the audited object or the audited item;

(3) Having other interests with the auditee or the audited matters, which may affect the impartial implementation of the audit. The inspected object has the right to apply to the social insurance inspector for withdrawal orally or in writing. The withdrawal of inspectors shall be decided by the person in charge of the social insurance inspection institution where they belong. The inspector will not stop carrying out the inspection before making a decision to withdraw from the inspection. Article 10 The contents of social insurance inspection include:

(a) the employer to participate in social insurance, social insurance registration, change of registration, cancellation of registration and annual inspection certificate;

(two) the number of social insurance payers and the base of payment wages declared by the employer and the insured;

(three) the employer paid social insurance premiums in full and on time and fulfilled the obligation of withholding and remitting;

(four) the employer's failure to pay social insurance premiums;

(five) the employer announced to the employees the payment of social insurance premiums by the unit;

(6) Enjoy social insurance benefits;

(seven) other audit matters stipulated by laws, regulations and rules. Article 11 Social insurance inspection institutions shall organize and implement daily inspections according to the annual inspection plan, and determine the key inspection objects and contents according to factors such as industry, insurance characteristics, labor security credit rating and relevant information provided by relevant social insurance agencies. Social insurance inspection institutions may inspect the objects of reports and complaints according to the reports and complaints of citizens, legal persons or other organizations. Twelfth social insurance inspection institutions to implement the audit, it should be 3 days before the audit, the relevant content, requirements, methods and materials to be prepared and other matters in written form to inform the audited object. However, in any of the following circumstances, the auditee may not be notified in advance:

(a) there is a bad record of social insurance payment in the credit rating of labor security;

(2) Being reported or complaining about illegal social insurance activities;

(3) In case of emergency, the inspection must be conducted immediately. Thirteenth inspection work should be carried out by two or more inspectors, and show the "Henan Province Administrative Law Enforcement Certificate" to the inspected object. If the inspectors violate the provisions of the preceding paragraph, the audited entity may refuse to inspect. Fourteenth social insurance inspection agencies and inspectors may exercise the following functions and powers:

(a) to consult, review and check the information related to the social insurance of the audited object;

(2) Recording, recording, videotaping, photographing and copying relevant materials;

(three) ask the relevant personnel of the inspected object;

(4) Requiring the auditee to provide information related to the audit matters. Fifteenth audited units shall cooperate with the social insurance inspection institutions to carry out social insurance inspection according to law, and shall not refuse without reason.