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Provisions of Shanghai Municipality on the Collection of Social Security Premiums for Town Employees
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| (Adopted at the 23rd Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on November 17, 2000) Article 1 With a view to ensuring the full collection of social security premiums for town employees in this Municipality and the full payment of social security benefits, protecting the lawful rights and interests of the employees in service and of the unemployed as well as those of the retirees, and improving the social security system for town employees in this Municipality, these Provisions are formulated in accordance with the Interim Regulations of the State Council on the Collection of Social Security Premiums and in the light of the specific conditions of this Municipality. Article 2 These Provisions shall apply to the collection and payment of the social security premiums stipulated by the State such as basic endowment insurance premiums, basic medical insurance premiums, unemployment insurance premiums for town employees in this Municipality. Article 3 All organs, enterprises and institutions under the jurisdiction of this Municipality that are required to participate in social security (hereinafter referred to as payer units) shall perform social security registration formalities in a timely manner and pay social security premiums in full and on schedule. Article 4 The municipal labor and social security administrative departments shall be in charge of the comprehensive administration, supervision and examination of the collection of social security premiums in this Municipality. The social security agencies established by the municipal labor and social security administrative departments shall be in charge of the collection of social security premiums. The supervisory organs of the labor and social security administrative departments shall be in charge of the supervision and examination of the payment of social security premiums. Article 5 The payer units shall submit themselves to the supervision and examination conducted by the supervisory organs of the labor and social security administrative departments in accordance with law and provide true and correct data on employment, payrolls and financial statements. They shall not refuse supervision and examination, withhold the truth or give false data. The supervisory organs of the labor and social security administrative departments shall keep the business secrets for the payer units. Article 6 When a payer unit is really unable to pay the full amount of its social security premiums in full and on time owing to its business conditions or other causes, it shall apply to the municipal labor and social security administrative departments for postponement of the payment by presenting financial statements and other certificates, a payment plan worked out by the unit together with the institution having the power to dispose its property, and the unit' s property rights certificates that has been assessed and put on file at the relevant administrative departments of property rights certificates. The relevant administrative departments of property rights certificates shall put the unit' s property on file in time. Upon the approval of the municipal labor and social security administrative departments, the payer unit may postpone the payment. The moratorium is one year at the most. During the moratorium, the payer unit shall not transfer its property already filed. Law shall use the filed property in priority for payment of the social security premiums in arrears. In case the payer unit fails to make full payment of the social security premiums according to the payment plan upon the expiration of the moratorium or transfer its property already filed during the moratorium, the municipal labor and social security administrative departments may by law apply to the people' s court for enforcement. If the filed property on which the people' s court has taken enforcement action still can not be realized on the expiration of the enforcement period and if the municipal labor and social security administrative departments agree to accept it, the people' s court may rule that it is to be managed by the units approved by the municipal labor and social security administrative departments and to be realized at an appropriate time, upon the approval of the institution designated by the Municipal People' s Government. The proceeds from the realization shall be integrated into the social security fund. Article 7 If the payer unit refuses to accept the specific administrative act of the labor and social security administrative departments, it may by law apply for a review. If it refuses to accept the reviewed decision, it may file a legal action in accordance with law. Article 8 If the labor and social security administrative departments and their supervisory organs make an inappropriate specific administrative act, or cause financial losses to the payer unit because of disclosure of its business secrets, they shall undertake responsibility for compensation. The compensations shall not be entered as expenditure in the social security fund In case a person working in a social security agency deliberately does not collect social security premiums, or collects less than stipulated, or fails to collect premiums, or misappropriate social security premiums, resulting in the loss of social security premiums, the social security agency shall recover the lost premiums in full and impose administrative punishment on the person concerned. If the case is serious enough to constitute a crime, the person concerned shall be prosecuted for criminal liability in accordance with law. Article 9 These Provisions shall come into effect on December 1, 2000. The Provisions of the Standing Committee of Shanghai Municipal People' s Congress on Strengthening the Collection of Endowment Insurance Premiums for Town Employees in this Municipality adopted at the 5th Session of the Standing Committee of 11th Shanghai Municipal People' s Congress on September 22, 1998 shall at the same time be annulled. |
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URL: http://www.asianlii.org/cn/legis/sh/laws/posmotcosspfte1019