Handling Methods Of Social Insurance Administrative Disputes

勞動和社會保障部令第13號

The handling of administrative disputes concerning social insurance has been approved by the Ministry of labor and social security at its ministerial meeting on 8 May 2001 and is hereby promulgated and implemented on the date of promulgation.

Minister Zhang Zuoji

May 27th 2001 two

Handling methods of social insurance administrative disputes

Article 1 in order to properly handle social insurance administrative disputes, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard and supervise social insurance agencies (hereinafter referred to as agencies) to exercise their functions and powers according to law, these measures are formulated in accordance with the labor law, administrative reconsideration law, relevant laws and administrative law regulations.

The second social insurance administrative disputes referred to in these Measures refer to disputes between the agencies and citizens, legal persons or other organizations in handling social insurance affairs in accordance with laws, regulations and relevant regulations.

The term "agency" as mentioned in these Measures refers to the working body of social security affairs specially authorized by the labor and Social Security Administration authorized by laws and regulations to handle old-age insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance and other social insurance matters.

The third citizens, legal persons or other organizations believe that the specific administrative acts of the agencies concerned infringe upon their legitimate rights and interests and apply to the agencies or labor and social security administrative departments for the handling of social insurance administrative disputes.

The fourth legal institutions or the institutions responsible for the work of the legal system shall be the social insurance administrative dispute handling institutions (hereinafter referred to as the insurance dispute handling agencies), which shall be responsible for the handling of the social insurance administrative disputes.

The fifth agencies and the labor and social security administration departments shall handle the social insurance administrative disputes in the form of review and administrative reconsideration respectively.

Article sixth citizens, legal persons or other organizations may apply for administrative reconsideration if one of the following situations occurs:

(1) it considers that the agency fails to handle social insurance registration, alteration or cancellation procedures in accordance with the law.

(two) it considers that the agency does not examine the social insurance premium base according to the regulations.

(three) it considers that the agencies do not record the payment of social insurance premiums or refuse to record their payment records according to the regulations.

(four) it considers that the agency has illegally collected fees or illegally required to fulfill its obligations.

(five) there are objections to the standards approved by the agencies for their social insurance benefits.

(six) it considers that the agency does not pay social insurance benefits in accordance with the law or disagrees with the agency's discontinuation of its social insurance benefits.

(seven) it is considered that the agency has not adjusted the treatment of social insurance in accordance with the law;

(eight) it considers that the agency fails to pfer or renew the social insurance relationship in accordance with the law.

(nine) it considers that other specific administrative acts of the agency violated its legitimate rights and interests;

In the case of subsection (two), (five), (six) and (seven) of the preceding paragraph, citizens, legal persons or other organizations may apply for administrative reconsideration directly to the labor and social security administrative departments, or apply for reexamination to the agencies that have made the specific administrative act, refusing to accept the reexamination decision, and applying for administrative reconsideration to the labor and social security administrative departments.

The seventh citizen, legal person or other organization considers that the specific administrative act of the agency is not lawful according to other normative documents other than laws, regulations, rules and documents of the State Council. When applying for administrative reconsideration for specific administrative acts, it may submit an application for examination of the normative document to the labor and social security administrative department.

The eighth citizen, legal person or other organization disagrees with the specific administrative act made by the agency, and may apply for administrative reconsideration to the labor and social security administrative department that directly manages the agency.

Article ninth the applicant considers that the specific administrative act of the agency violated its legitimate rights and interests. It may apply to the agency for review within 60 days from the date of knowing the specific administrative act, or apply for administrative reconsideration to the labor and social security administrative department.

If an administrative case falls within the scope of the case accepted by the people's court, the applicant may also bring an administrative lawsuit directly to the people's court according to law.

When the tenth agencies make specific administrative acts, they do not inform the applicant that they have the right to apply for administrative review or the time limit for administrative reconsideration. The time limit for application for administrative reconsideration shall be calculated from the date when the applicant knows the right of administrative reconsideration or the time limit for administrative reconsideration, but the longest period shall not exceed two years.

Due to force majeure or other legitimate reasons for delay in the time limit for statutory application, the time limit for application shall continue to be calculated from the date of obstruction removal.

The eleventh applicant applies for reexamination to the agency or applies for administrative reconsideration to the labor and social security administrative department, which should be put forward in writing or orally.

If an oral application is made, the insurance dispute settlement organ that receives the application shall record the applicant's basic situation, request items, main facts and reasons, application time and other matters on the spot, and shall sign or seal the applicant.

Any other working body of the labor and social security administrative department receives the application for administrative reconsideration in written form, and immediately pfers the insurance dispute settlement organ to the Department.

Article twelfth where an applicant applies for re examination to the agency that makes the specific administrative act, the agency shall designate its internal specialized agency to handle it, and shall, within 20 days from the date of receiving the application for reexamination, make a decision to maintain or change the specific administrative act.

In deciding to change, new specific administrative actions should be re established.

The decision made by the agency shall be in written form.

Article thirteenth if the applicant refuses to accept the decision of the agency's review, or if the agency fails to make a decision within the time limit, the applicant may apply for administrative reconsideration to the labor and social security administrative department directly managing the agency.

If the applicant applies for administrative reconsideration to the labor and social security administrative department during the review of the specific administrative act by the agency, the review procedure of the agency shall be terminated.

During the review period of the fourteenth agencies, the time limit for application for administrative reconsideration shall be suspended, and the time limit for review shall not be included in the time limit for application for administrative reconsideration.

The fifteenth insurance dispute handling institutions of the labor and social security administrative departments shall, after receiving the application for administrative reconsideration, indicate the date of receipt, and examine them within 5 working days, and the labor and social security administrative departments shall make a decision in accordance with the following circumstances:

(1) notify the applicant to submit to the relevant authorities if it meets the statutory acceptance conditions but does not belong to the scope of acceptance by the administrative organ.

(two) those who do not meet the statutory acceptance conditions shall make a decision of not accepting the decision and make a written decision on the admissibility of administrative reconsideration and serve the applicant.

The reasons for not being accepted should be stated in the decision.

In addition to the provisions of the preceding paragraph, the application for administrative reconsideration shall be accepted from the date of receipt of the insurance dispute settlement organ of the labor and social security administrative department, and a notice of acceptance of administrative reconsideration shall be made to serve the applicant and the respondent.

The notice should inform the date of acceptance.

The time limit stipulated in this article shall be calculated from the date of receiving the application for administrative reconsideration from the insurance dispute settlement body of the labor and social security administrative department. Because of the lack of the main contents of the application for administrative reconsideration, the labor and social security administrative department will be unable to make a decision and ask the applicant to make up the relevant materials.

When the sixteenth administrative organs have made specific administrative acts, they have not made or failed to serve the administrative documents. If the applicant refuses to accept the administrative reconsideration, the labor and social security administrative department should accept the law as long as it can prove the existence of specific administrative acts.

Article seventeenth: if the applicant considers that the labor and social security administrative department does not accept the application for administrative reconsideration without proper reasons, he may appeal to the higher level labor and social security administrative department.

(1) if the applicant's application for administrative reconsideration meets the conditions for legal acceptance, he shall be ordered to accept the administrative department of labor and social security at the lower level. The applicant's specific administrative actions which he disagrees with is based on labor safety laws, regulations, departmental rules, regulations formulated by the people's government at or above the level, or the normative documents formulated by the administrative organ, or the superior labor and social security administrative department considers it necessary to directly accept the case, which can be directly accepted.

(two) the higher level labor and social security administrative departments consider that the lower level labor and social security administrative departments refuse to accept the cases, and they have legitimate reasons. They should inform the applicant of the examination conclusion.

The eighteenth insurance dispute handling institutions of the labor and social security administrative departments shall, within 7 working days from the date of receiving the application, send the copies of the application or copies of the application records and the notification of administrative reconsideration to the respondent.

The nineteenth respondent shall submit a reply within 10 days from receipt of a copy of the application for administrative reconsideration or a copy of the written application, and submit the evidence, the relevant legal norms and other relevant materials for making the specific administrative act.

If the respondent fails to provide or fails to provide the overdue period without justifiable reasons, it shall be deemed that the specific administrative act has no evidence or basis.

Article twentieth the applicant may inspect the written pleadings, the evidence, the basis and other related materials of the specific administrative act made by the applicant.

Twenty-first labor and social security administrative departments handle social insurance administrative disputes, in principle, written examination is adopted.

If necessary, we can investigate and understand the situation of the relevant units and individuals, listen to the opinions of the applicants, the respondent and the relevant personnel, and produce pcripts.

The twenty-second labor security administrative departments handle social insurance administrative disputes cases, based on laws, regulations, rules and other normative documents formulated according to law.

The twenty-third labor security administration departments should, in accordance with the law, ask the departments concerned how to deal with the problems encountered in the process of administrative reconsideration and the suspension of administrative reconsideration.

The twenty-fourth labor security administrative departments shall, when examining the legality of the relevant provisions made by the applicant on the basis of specific administrative acts, shall make the following handling according to the specific circumstances:

(1) the provision is formulated by the administrative organ and shall be dealt with in accordance with the law within 30 days.

(two) the stipulation is formulated by the labor and social security administrative department other than the administrative organ, and the relevant materials should be pferred directly to the labor and social security administrative department within 7 working days. The administrative department of labor and social security should be dealt with in accordance with the law within 60 days.

(three) the regulation is formulated by the government and other working departments, and should be at 7