Social Insurance Law of the People's Republic of China (Amended in 2018)
Social Insurance Law of the People's Republic of China (Amended in 2018)
Social Insurance Law of the People's Republic of China (Amended in 2018)
Order of the President of the People's Republic of China No. 25
December 29, 2018
(Adopted at the 17th session of the Standing Committee of the 11th National People's Congress on October 28, 2010; and amended according to the Decision on Amending the Social Insurance Law of the People's Republic of China at the Seventh session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Table of Contents
Chapter I General Provisions
Chapter II Basic Old-Age Insurance
Chapter III Basic Medical Insurance
Chapter IV Work Injury Insurance
Chapter V Unemployment Insurance
Chapter VI Maternity Insurance
Chapter VII Collection and Payment of Social Insurance Contributions
Chapter VIII Social Insurance Funds
Chapter IX Social Insurance Operations
Chapter X Social Insurance Supervision
Chapter XI Legal Liabilities
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This law is hereby enacted in accordance with the Constitution for the purposes of regulating social insurance relationships, securing citizens' legitimate rights and interests to participate in a social insurance system and receive social insurance benefits, achieving a fair sharing of benefits of development by citizens, and promoting social harmony and stability.
Article 2 The State shall establish a social insurance system consisting of a basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance, and maternity insurance to guarantee citizens' rights to receive material assistance from the State and society according to law upon old age, sickness, work injury, unemployment and maternity.
(Relevant articles: Articles 1)
Article 3 The social insurance system follows the principle of wide coverage, modest benefits, multi-tiered programs and a sustainable system. The level of the social insurance system shall correspond to that of economic and social development.
Article 4 Each employer and individual within the boundary of the People's Republic of China shall, according to law, make social insurance contributions, have the right to access the related contribution records and individual social insurance benefit credits, and request social insurance consultancy and other relevant services from a social insurance agency.
Each individual shall be entitled to social insurance benefits according to law, and have the right to exercise oversight over contributions made by the employer on his or her behalf.
Article 5 The People's Governments at and above the county level shall incorporate social insurance into their local economic and social development programs.
The State shall raise funds for the social insurance system through multiple channels. The People's Governments at and above the county level shall provide financial support as deemed necessary to social insurance programs.
The State shall support social insurance through tax incentive policies.
Article 6 The State shall subject social insurance funds to vigorous supervision and control.
The State Council and People's Governments of provinces, autonomous regions, and municipalities directly under the Central Government shall establish and improve the supervision and management system for social insurance funds, and guarantee safe and effective fund operations.
The People's Governments at and above the county level shall adopt measures to encourage and support all stakeholders to participate in social insurance fund supervision.
Article 7 The social insurance administrative department of the State Council shall take charge of national social insurance administration. Any other relevant department of the State Council shall take charge of social insurance affairs within its jurisdiction of responsibility.
The social insurance administrative department of the local People's Government at or above the county level shall take charge of social insurance administration in its administrative region. Any other relevant department of the local People's Government at or above the county level shall take charge of social insurance affairs within its jurisdiction of responsibility.
Article 8 A social insurance agency provides social insurance services, and is responsible for social insurance registration, bookkeeping for the participants, and paying social insurance benefits to the beneficiaries.
Article 9 Trade unions shall defend workers' legitimate rights and interests according to law, have the right to participate in studies and research on fundamental issues related to social insurance, and act as members of the social insurance supervisory committees to perform supervision over the matters related to workers' social insurance rights and interests.
Chapter II Basic Old-Age Insurance
Article 10 Each employee shall enroll in the basic old-age insurance system; and the employer and the employee shall jointly make basic old-age insurance contributions.
A proprietor of privately or individually-owned business with no hired labor, a part-time worker who is not covered by the basic old-age insurance system through his or her employer, and any other person in employment of flexible forms, may elect to enroll in the basic old-age insurance system, and the person in question shall make basic old-age insurance contributions.
The approach to the basic old-age insurance for civil servants and that for working people who are governed likewise by the Civil Service Law shall be regulated by the State Council.
(Relevant articles: Articles 1)
Article 11 The basic old-age insurance shall be a combination of social pooling and individual accounts.
The basic old-age insurance fund shall consist of contributions from the employers and employees and government subsidies.
Article 12 An employer shall make basic old-age insurance contributions at the State-fixed rate of the employees' payroll, and the contributions shall be deposited into the basic old-age insurance pooling fund.
An employee shall make basic old-age insurance contributions at the State-fixed rate for his or her wage, and the contributions shall be deposited into his or her individual account.
A member of the basic old-age insurance as proprietor of privately or individually-owned business with no hired labor, part-time worker who is not covered by the basic old-age insurance system through his or her employer, or any other person in employment of flexible forms shall make basic old-age insurance contributions as set by the State; and the contributions shall be divided and deposited separately into the pooling fund and an individual account.
(Relevant articles: Articles 1)
Article 13 The basic old-age insurance contributions due from employees of state enterprises and institutions for their working years prior to the initiation of the old-age insurance system, which are treated as contributing years, shall be made up by the government.
When there arises shortfall for the basic old-age insurance fund to cover its obligations, subsidies shall be provided by the government into the fund.
Article 14 Advance withdrawal from an individual account shall not be allowed. The interest rate of an individual account shall be no less than that for a fixed-term bank account, and interests accrued are not subject to taxation. The balances in the individual account are hereditary upon death of the account bearer.
Article 15 Basic old-age insurance benefits consist of pensions from the pooling and from the individual account.
The basic old-age insurance benefit for a member is determined by the following factors: the member's cumulative length of contribution payment and assessed wage for contributions, the mean wage of the employees of the district where the member resides, his or her credits in the individual account, and life expectancy of the urban population.
Article 16 A member of the basic old-age insurance shall receive the basic old-age pension on a monthly basis if the member's cumulative length of contribution payment is no less than fifteen years upon reaching the legal retirement age.
If the cumulative length of contribution payment of a member of the basic old-age insurance is less than fifteen years when the member reaches the legal retirement age, the member may receive the basic old-age insurance on a monthly basis once the member makes up the contribution payment to what is required for fifteen years. The member may elect to transfer to the new rural social insurance of the old-age pension or social insurance of the old-age pension for urban residents, and receive pensions in accordance with the regulations of the State Council.
(Relevant articles: Articles 1)
Article 17 When a member of the basic old-age insurance dies from illnesses or causes not related to work, the survivors of the member are entitled to receive funeral subsidies and bereavement allowances; when a member becomes completely unfit for work due to illnesses or causes not related to work before reaching the legal retirement age, the member is entitled to illness and disability allowances. The expenses required shall be covered from the basic old-age insurance fund.
(Relevant articles: Articles 1)
Article 18 The State shall set up a mechanism for adjusting basic old-age insurance benefits when necessary, and raise the basic old-age insurance benefits at appropriate intervals according to the factors of mean growth of employees' wages and price increases.
Article 19 The basic old-age insurance relationship of a member who has worked across different pooling districts shall transfer together with the member, and the member's lengths of contribution payment shall be cumulative. When the member reaches the legal retirement age, his or her basic old-age pension shall be calculated in segregation corresponding to the phases of contribution payment, yet the pension shall be paid in integration as an aggregate. The concrete approach shall be regulated by the State Council.
(Relevant articles: Articles 1)
Article 20 The State shall establish and improve the new rural social insurance of the old-age pension.
The new rural social insurance of the old-age pension shall be a combination of individual contributions, collective subsidies and government allowances.
Article 21 The benefits of the new rural social insurance of the old-age pension shall consist of base pensions and individual account benefits.
A rural resident who is a member of the new rural social insurance of the old-age pension shall receive benefits of the new rural social insurance of the old-age pension on a monthly basis when the member satisfies the conditions set by the State
Article 22 The State shall establish and improve the social insurance of the old-age pension for urban residents.
......
Order of the President of the People's Republic of China No. 25
December 29, 2018
(Adopted at the 17th session of the Standing Committee of the 11th National People's Congress on October 28, 2010; and amended according to the Decision on Amending the Social Insurance Law of the People's Republic of China at the Seventh session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Table of Contents
Chapter I General Provisions
Chapter II Basic Old-Age Insurance
Chapter III Basic Medical Insurance
Chapter IV Work Injury Insurance
Chapter V Unemployment Insurance
Chapter VI Maternity Insurance
Chapter VII Collection and Payment of Social Insurance Contributions
Chapter VIII Social Insurance Funds
Chapter IX Social Insurance Operations
Chapter X Social Insurance Supervision
Chapter XI Legal Liabilities
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This law is hereby enacted in accordance with the Constitution for the purposes of regulating social insurance relationships, securing citizens' legitimate rights and interests to participate in a social insurance system and receive social insurance benefits, achieving a fair sharing of benefits of development by citizens, and promoting social harmony and stability.
Article 2 The State shall establish a social insurance system consisting of a basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance, and maternity insurance to guarantee citizens' rights to receive material assistance from the State and society according to law upon old age, sickness, work injury, unemployment and maternity.
(Relevant articles: Articles 1)
Article 3 The social insurance system follows the principle of wide coverage, modest benefits, multi-tiered programs and a sustainable system. The level of the social insurance system shall correspond to that of economic and social development.
Article 4 Each employer and individual within the boundary of the People's Republic of China shall, according to law, make social insurance contributions, have the right to access the related contribution records and individual social insurance benefit credits, and request social insurance consultancy and other relevant services from a social insurance agency.
Each individual shall be entitled to social insurance benefits according to law, and have the right to exercise oversight over contributions made by the employer on his or her behalf.
Article 5 The People's Governments at and above the county level shall incorporate social insurance into their local economic and social development programs.
The State shall raise funds for the social insurance system through multiple channels. The People's Governments at and above the county level shall provide financial support as deemed necessary to social insurance programs.
The State shall support social insurance through tax incentive policies.
Article 6 The State shall subject social insurance funds to vigorous supervision and control.
The State Council and People's Governments of provinces, autonomous regions, and municipalities directly under the Central Government shall establish and improve the supervision and management system for social insurance funds, and guarantee safe and effective fund operations.
The People's Governments at and above the county level shall adopt measures to encourage and support all stakeholders to participate in social insurance fund supervision.
Article 7 The social insurance administrative department of the State Council shall take charge of national social insurance administration. Any other relevant department of the State Council shall take charge of social insurance affairs within its jurisdiction of responsibility.
The social insurance administrative department of the local People's Government at or above the county level shall take charge of social insurance administration in its administrative region. Any other relevant department of the local People's Government at or above the county level shall take charge of social insurance affairs within its jurisdiction of responsibility.
Article 8 A social insurance agency provides social insurance services, and is responsible for social insurance registration, bookkeeping for the participants, and paying social insurance benefits to the beneficiaries.
Article 9 Trade unions shall defend workers' legitimate rights and interests according to law, have the right to participate in studies and research on fundamental issues related to social insurance, and act as members of the social insurance supervisory committees to perform supervision over the matters related to workers' social insurance rights and interests.
Chapter II Basic Old-Age Insurance
Article 10 Each employee shall enroll in the basic old-age insurance system; and the employer and the employee shall jointly make basic old-age insurance contributions.
A proprietor of privately or individually-owned business with no hired labor, a part-time worker who is not covered by the basic old-age insurance system through his or her employer, and any other person in employment of flexible forms, may elect to enroll in the basic old-age insurance system, and the person in question shall make basic old-age insurance contributions.
The approach to the basic old-age insurance for civil servants and that for working people who are governed likewise by the Civil Service Law shall be regulated by the State Council.
(Relevant articles: Articles 1)
Article 11 The basic old-age insurance shall be a combination of social pooling and individual accounts.
The basic old-age insurance fund shall consist of contributions from the employers and employees and government subsidies.
Article 12 An employer shall make basic old-age insurance contributions at the State-fixed rate of the employees' payroll, and the contributions shall be deposited into the basic old-age insurance pooling fund.
An employee shall make basic old-age insurance contributions at the State-fixed rate for his or her wage, and the contributions shall be deposited into his or her individual account.
A member of the basic old-age insurance as proprietor of privately or individually-owned business with no hired labor, part-time worker who is not covered by the basic old-age insurance system through his or her employer, or any other person in employment of flexible forms shall make basic old-age insurance contributions as set by the State; and the contributions shall be divided and deposited separately into the pooling fund and an individual account.
(Relevant articles: Articles 1)
Article 13 The basic old-age insurance contributions due from employees of state enterprises and institutions for their working years prior to the initiation of the old-age insurance system, which are treated as contributing years, shall be made up by the government.
When there arises shortfall for the basic old-age insurance fund to cover its obligations, subsidies shall be provided by the government into the fund.
Article 14 Advance withdrawal from an individual account shall not be allowed. The interest rate of an individual account shall be no less than that for a fixed-term bank account, and interests accrued are not subject to taxation. The balances in the individual account are hereditary upon death of the account bearer.
Article 15 Basic old-age insurance benefits consist of pensions from the pooling and from the individual account.
The basic old-age insurance benefit for a member is determined by the following factors: the member's cumulative length of contribution payment and assessed wage for contributions, the mean wage of the employees of the district where the member resides, his or her credits in the individual account, and life expectancy of the urban population.
Article 16 A member of the basic old-age insurance shall receive the basic old-age pension on a monthly basis if the member's cumulative length of contribution payment is no less than fifteen years upon reaching the legal retirement age.
If the cumulative length of contribution payment of a member of the basic old-age insurance is less than fifteen years when the member reaches the legal retirement age, the member may receive the basic old-age insurance on a monthly basis once the member makes up the contribution payment to what is required for fifteen years. The member may elect to transfer to the new rural social insurance of the old-age pension or social insurance of the old-age pension for urban residents, and receive pensions in accordance with the regulations of the State Council.
(Relevant articles: Articles 1)
Article 17 When a member of the basic old-age insurance dies from illnesses or causes not related to work, the survivors of the member are entitled to receive funeral subsidies and bereavement allowances; when a member becomes completely unfit for work due to illnesses or causes not related to work before reaching the legal retirement age, the member is entitled to illness and disability allowances. The expenses required shall be covered from the basic old-age insurance fund.
(Relevant articles: Articles 1)
Article 18 The State shall set up a mechanism for adjusting basic old-age insurance benefits when necessary, and raise the basic old-age insurance benefits at appropriate intervals according to the factors of mean growth of employees' wages and price increases.
Article 19 The basic old-age insurance relationship of a member who has worked across different pooling districts shall transfer together with the member, and the member's lengths of contribution payment shall be cumulative. When the member reaches the legal retirement age, his or her basic old-age pension shall be calculated in segregation corresponding to the phases of contribution payment, yet the pension shall be paid in integration as an aggregate. The concrete approach shall be regulated by the State Council.
(Relevant articles: Articles 1)
Article 20 The State shall establish and improve the new rural social insurance of the old-age pension.
The new rural social insurance of the old-age pension shall be a combination of individual contributions, collective subsidies and government allowances.
Article 21 The benefits of the new rural social insurance of the old-age pension shall consist of base pensions and individual account benefits.
A rural resident who is a member of the new rural social insurance of the old-age pension shall receive benefits of the new rural social insurance of the old-age pension on a monthly basis when the member satisfies the conditions set by the State
Article 22 The State shall establish and improve the social insurance of the old-age pension for urban residents.
......