Enforce social insurance premiums

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If the employing unit is under any of the following circumstances, the social insurance agency shall issue the Notice of Arrears of Social Insurance Fees within five working days from the date of finding out the facts of arrears, and order the employing unit to pay back the arrears within five working days after receiving the notice, and inform that the overdue payment shall be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:

(a) failing to declare and pay social insurance premiums in accordance with the provisions;

(2) Failing to pay social insurance premiums in full and on time after the declaration;

(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.

If the employer fails to repay the loan within the time limit stipulated in Article 16 of these Provisions, the social insurance agency may inquire about its deposit account in the employer's bank or other financial institution in accordance with the provisions of the second paragraph of Article 63 of the Social Insurance Law.

The social insurance agency may, according to the results of the inquiry, apply to the administrative department of social insurance for making a decision on the allocation of social insurance premiums, and submit the following materials:

(a) the name, legal representative, address and contact information of the employer;

(two) the employer's bank, account name and account number;

(three) the facts, reasons and basis for the application for allocation;

(four) the amount of social insurance premiums applied for allocation;

(five) other materials required by the administrative department of social insurance.

After receiving the application for allocation from the social insurance agency, the administrative department of social insurance shall, in accordance with the provisions of the Administrative Compulsory Law of the People's Republic of China, make a timely decision on the allocation of social insurance premiums, and notify the employer's bank or other financial institution in writing to allocate them.

The decision made by the administrative department of social insurance to allocate social insurance premiums shall be delivered to the employing unit in accordance with the provisions of the Administrative Compulsory Law of the People's Republic of China and copied to the social insurance agency.

Upon inquiry, if the balance of the employer's account is less than the amount of social insurance premium that should be paid, or if the employer has not paid the social insurance premium in full after allocation, the social insurance agency may require the employer to provide mortgage or pledge guarantee.

The employing unit shall evaluate its mortgaged property or pledged property in an evaluation institution recognized by the social insurance agency. If the social insurance agency can pay the social insurance premium in full after examination, both parties shall sign a mortgage contract or pledge contract according to law; Where registration is required, mortgage registration or pledge registration shall be handled according to law.

After signing a mortgage contract or pledge contract with the employer, the social insurance agency shall sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full at the expiration of the agreement, the social insurance agency may discount the social insurance premium with reference to the market price at the expiration of the agreement or use the proceeds from auction or sale to offset the social insurance premium.

The longest term of deferred payment agreement shall not exceed 1 year.

If the employer provides guarantee and signs a holdover agreement, its employees shall enjoy social insurance benefits in accordance with the regulations during the holdover period.

If the employer fails to pay after being ordered to do so, and under any of the following circumstances, the social insurance agency may, in accordance with the provisions of the third paragraph of Article 63 of the Social Insurance Law, apply to the local people's court with jurisdiction to seal up, detain or auction the employer's property, and the proceeds from the auction shall be used to offset the social insurance premiums and late fees that should be paid:

(1) Upon inquiry, the balance of the employer's bank account is less than the amount of social insurance premiums that should be paid, and no guarantee contract has been signed;

(two) after the distribution, the employer fails to pay the social insurance premiums payable in full and has not signed a guarantee contract;

(3) After the expiration of the deferred payment agreement, the employer still fails to pay the social insurance premium in full due to changes in the market price or rights of the secured property.

The social insurance agency shall provide the following materials when applying to the people's court for compulsory execution:

(1) An application for compulsory execution;

(two) the facts, reasons and basis of the employer's failure to pay social insurance premiums and late fees;

(3) Notice of the social insurance agency to pay within a time limit;

(four) the opinions of the employer;

(five) the relevant materials when the employer has the circumstances listed in Article 25 of these Provisions;

(6) Property information of the employing unit applying for compulsory execution;

(seven) other materials required by laws, administrative regulations and the people's court.

The application for compulsory execution shall be signed by the person in charge of the social insurance agency, stamped with the seal of the social insurance agency and dated. -Wolf. com

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