Provisions on the Management of Social Insurance Business Files (for Trial Implementation)

Article 1 In order to standardize the management of social insurance business files, maintain the truthfulness, completeness and safety of social insurance business files, and give full play to the service function of the files, these provisions are formulated in accordance with the Archives Law of the People's Republic of China*** and the State of China, and the relevant laws and regulations on social insurance. Article 2 These provisions shall apply to organizations that legally administer social insurance services such as old-age pension, medical care, unemployment, work-related injuries and maternity (hereinafter referred to as social insurance agencies), and manage social insurance business files. Article 3 The social insurance business archives referred to in these provisions refer to the historical records in different carriers, such as professional written materials, electronic files, charts, sound and images, which are directly formed by social insurance agencies in the process of handling social insurance business, and which have the value of preservation and utilization. Article 4 The administrative department of human resources and social security is responsible for the organization and leadership of the management of social insurance business records.

Social insurance agencies are responsible for the management of social insurance business archives, and accept the business guidance of the administrative department of archives.

Social insurance business archives are centralized and kept by the social insurance agencies at or above the county level. Article 5 social insurance agencies with special management personnel and the necessary facilities and premises to ensure the safety of the archives, and according to the need for technical equipment to adapt to the requirements of modern management of the archives. Article 6 The social insurance agency shall conscientiously implement the file storage, confidentiality, utilization, transfer, appraisal, destruction and other management requirements, to ensure that the social insurance business files are properly stored, orderly storage, to prevent damage, loss and leakage of confidentiality. Article 7 The records, evidences and bases formed in the process of handling social insurance business by social insurance agencies shall be collected, organized, filed and archived in accordance with the "Scope of Filing and Storage Period of Social Insurance Business Materials" (see the Annex) to ensure that the archived materials are complete and safe, and shall not be forged or tampered with. Article 8 The classification of social insurance business files shall be carried out in accordance with the rules and characteristics of social insurance business, and the methods of "annual - business segment" or "annual - insurance type - business segment" shall be adopted for the principle of facilitating the filing, organizing and retrieval of social insurance business materials. The materials shall be classified and organized, and the directory of filed documents, the directory of the volume, the directory of the file, and the docket shall be prepared in a timely manner. The institution in charge of archive management shall promptly inspect, classify, organize, number and store the received archive materials, and prepare index catalogs in a timely manner. Article 9 The custody period of social insurance business files is divided into two categories: permanent and regular. Periodic custody period is divided into 10 years, 30 years, 50 years, 100 years, the specific custody period of the various social insurance business files in accordance with the "social insurance business materials filed within the scope and custody period".

The periodic storage period of social insurance business files is the minimum storage period. The period of custody of social insurance business files shall be calculated from January 1 of the year following the date of their formation. Article 10 the social insurance agencies in accordance with the law for the insured units and insured individuals to provide file information query services. Article 11 the social insurance agency shall have expired social insurance business file appraisal.

The appraisal shall be made by the relevant person in charge of the social insurance agency, business personnel and file managers, as well as human resources and social security administrative department of the appraisal team is responsible for the appraisal and puts forward processing opinions.

If the appraisal finds that the period of storage of business records is too short, and it is necessary to continue to save, the period of storage shall be re-established. Article XII of the social insurance agency can be destroyed after the appraisal of the files, the preparation of the destruction of the inventory, reported to the human resources and social security administration at the same level for the record, approved by the main head of the social insurance agency to destroy.

No files shall be destroyed without appraisal and approval.

The social insurance agency shall send two or more people to supervise the destruction of files. The supervisors shall sign the destruction inventory and indicate the manner and time of destruction. The destruction inventory is kept permanently. Article XIII of the social insurance agency in accordance with the relevant provisions of the permanent preservation of social insurance business records to the national comprehensive archives at the same level. Article XIV of the social insurance agency has one of the following behaviors, a time limit to correct, and directly responsible staff, supervisors and other personnel directly responsible for the sanctions imposed in accordance with the law; to the insured unit or individual losses caused by the liability for compensation in accordance with the law:

(a) not according to the provisions of the filing or transfer of archives in accordance with the provisions of the archives;

(b) forgery, tampering with, concealment of the archives or unauthorized destruction of files;

(3) negligence, resulting in the loss or destruction of files;

(4) violation of the provision, transcription of files, leakage of employers or personal information;

(5) violation of social insurance business files and other violations of state archival laws and regulations. Article 15 The various types of social insurance business files involving accounting, electronic documents and other archival materials, the state has special provisions, shall be subject to its provisions. Article 16 These provisions shall come into force on September 1, 2009 .

Attachment:

Scope of filing and retention period of social insurance business materials