Measures for Social Insurance Inspection in Zhengzhou City

Article 1 In order to standardize the social insurance audit work, safeguard the legitimate rights and interests of workers, safeguard the security of the social insurance fund, according to the "Chinese People's *** and the State Labour Law", the State Council "Interim Regulations on the Collection and Payment of Social Insurance Premiums" and other relevant laws and regulations, combined with the actual situation in the city, the formulation of these measures. Article 2 The social insurance audit referred to in these Measures refers to the administrative law enforcement activities of the social insurance inspection agency to audit the employers and individuals participating in social insurance, paying social insurance premiums and enjoying social insurance benefits according to law, and to deal with violations of social insurance laws, regulations and rules according to law under the entrustment of the administrative department of labor security. Article 3 These Measures shall apply to all social insurance audits of old-age, unemployment, medical care, work-related injuries and maternity insurance carried out within the scope of the city. Article 4 The social insurance inspection shall follow the law, openness, fairness, impartiality and accessibility of the principle of special supervision and public supervision, and adhere to the combination of education and punishment. Article 5 the city, county (city, district) labor security administrative department is the administrative department of social insurance inspection work within the scope of the administrative department. Municipal, county (city, district) social insurance inspection organizations specifically implement the scope of social insurance inspection work. Article 6 The administrative departments of labor security and finance, audit, industry and commerce, taxation, health and other departments, and the social insurance inspection agencies and the relevant social insurance agencies shall establish a mechanism for data exchange and information ****sharing to improve the efficiency of social insurance inspection work. Article 7 Personnel engaged in social insurance inspection shall have appropriate professional knowledge, be familiar with social insurance business and relevant legal knowledge, and obtain the Administrative Law Enforcement Certificate of Henan Province. Article 8 The social insurance inspectors shall comply with the following provisions in the inspection work:

(1) Perform their duties in accordance with the law, and shall not use their positions for personal gain;

(2) Conserve the commercial secrets and personal privacy of the units or individuals being inspected that are known during the inspection;

(3) Keep the confidentiality of the informants;

(4) Other obligations stipulated by laws and regulations. Other obligations. Article 9 The social insurance inspector shall recuse himself in one of the following circumstances:

(1) with the person in charge of the unit being inspected or the individual being inspected has a family relationship;

(2) with the subject of the audit or the audit of the matter of economic interests;

(3) with the subject of the audit or the audit of the matter of other interests, which may affect the fair implementation of the audit. (c) Other interests with the auditee or the subject matter of the audit that may affect the fair implementation of the audit. The subject of the audit has the right to apply for the recusal of the social insurance inspector either orally or in writing. The decision to disqualify an inspector shall be made by the head of the social insurance inspection organization to which the inspector belongs. An inspector does not stop conducting an inspection until a decision is made on the disqualification of the inspector. Article 10 The contents of social insurance audits include:

(1) the participation of employers in social insurance, social insurance registration, change of registration, deregistration, and annual examination and verification;

(2) the number of social insurance contributors and the base amount of wages declared by employers and insured persons;

(3) the situation of the payment of social insurance premiums in full and on time and the fulfillment of the obligation of withholding and payment by the employers. (c) the situation of the employer paying social insurance premiums in full and on time and fulfilling the obligation of withholding social insurance premiums on behalf of the insured;

(d) the situation of the employer making up for the arrears of social insurance premiums;

(e) the employer announcing to the employees the situation of the employer paying social insurance premiums;

(f) the situation of the enjoyment of social insurance entitlements;

(g) the other matters of inspection as stipulated by the laws, regulations, and rules. Article 11 The social insurance inspection agency shall organize and implement daily audits in accordance with the annual audit plan, and may determine the key audit targets and audit contents based on factors such as the characteristics of the industry and insurance type, the evaluation of the integrity level of labor security, and the relevant information provided by the relevant social insurance agency. The social insurance inspection agency may conduct inspections on the basis of reports and complaints from citizens, legal persons or other organizations. Article 12 A social insurance inspection agency shall notify the auditee in writing three days in advance of the audit of the contents, requirements, methods and information to be prepared. However, one of the following circumstances, may not be notified to the subject of the audit:

(a) in the evaluation of labor security integrity level of social insurance contributions have a bad record;

(b) reported, complained of illegal acts of social insurance;

(c) in case of emergency, must immediately carry out the audit. Article 13 The inspection shall be carried out by more than two inspectors*** together, and the "Administrative Law Enforcement Certificate of Henan Province" shall be shown to the subject of the inspection. If the inspectors violate the provisions of the preceding paragraph, the subject of the inspection may refuse the inspection. Article 14 Social insurance inspection agencies and inspectors may exercise the following powers and functions in carrying out inspections:

(1) accessing, examining and checking the social insurance-related information of the subject of inspection;

(2) recording, audio-recording, video-recording, taking photographs and reproducing the relevant information;

(3) questioning the relevant persons of the subject of inspection;

(4) requesting the subject of inspection to provide information related to the matters under inspection;

(5) requesting the subject of inspection to provide information related to the matters under investigation; and (d) requesting the subject of inspection to provide information related to the matters under inspection. Article 15 The subject of an inspection shall cooperate with the social insurance inspection conducted by the social insurance inspection organization in accordance with the law, and shall not refuse without reason. Article 16 Upon completion of a social insurance audit, the social insurance inspection organization shall inform the subject of the audit in writing of the results of the audit. The subject of the audit has objections to the results of the audit, should be raised within 15 days and provide relevant evidence.