Can the administrative department misappropriate social insurance funds in emergency rescue and disaster relief?

You can't. The state does not allow any organization or individual to misappropriate social security funds. If organizations or individuals are found to misappropriate social security funds privately, the state will recover the misappropriated social security funds, and if there are illegal gains, the confiscated illegal gains will be incorporated into the social security funds. At the same time, the person directly responsible for misappropriation or the person directly responsible shall be given administrative sanctions. Of course, if misappropriating social security funds privately constitutes a crime, the state will also investigate its criminal responsibility according to law.

According to Article 74 of the Labor Law, social insurance fund agencies collect, manage and operate social insurance funds according to law, and are responsible for maintaining and increasing the value of social insurance funds.

Social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds according to law.

The establishment and responsibilities of social insurance fund handling institutions and social insurance fund supervision institutions shall be prescribed by law.

No organization or individual may misappropriate social insurance funds.

Article 28 of the Provisional Regulations on the Collection and Payment of Social Insurance Fees stipulates that any unit or individual who misappropriates social insurance funds shall recover the misappropriated social insurance funds; If there is illegal income, the illegal income shall be confiscated and incorporated into the social insurance fund; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 384 of the Criminal Law Any state functionary who, by taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months and fails to pay them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.