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Regulations on Unemployment Insurance [Effective]
失业保险条例 [现行有效]
【法宝引证码】

 
Order of the State Coucil of the People's Republic of China 

中华人民共和国国务院令


(No. 258)
 
(第258号)


"Regulations on Unemployment Insurance" is adopted at the Eleventh Executive Meeting of the State Council on December 26, 1999, and is promulgated now. This law is effective since its promulgation.
 
《失业保险条例》,已经1998年12月26日国务院第11次常务会议通过,现予发布,自发布之日起施行。

Premier of the State Council: Zhu Rongji
 
总理 朱镕基

January 22, 1999
 
1999年1月22日

Regulations on Unemployment Insurance
 
失业保险条例

 
Chapter I General Provisions 

第一章 总则


 
Article 1These Regulation are formulated to guarantee basic livings of the unemployed during the unemployment period and promote their reemployment.   第一条 为了保障失业人员失业期间的基本生活,促进其再就业,制定本条例。

 
Article 2Enterprises and institutions in cities and towns as well as their staff and workers shall pay unemployment insurance premium in accordance with these Regulations.   第二条 城镇企业事业单位、城镇企业事业单位职工依照本条例的规定,缴纳失业保险费。

The unemployed of enterprises and institutions in cities and towns may enjoy the benefits of unemployment insurance in accordance with these Regulation .
 
城镇企业事业单位失业人员依照本条例的规定,享受失业保险待遇。

Enterprises and institutions in cities and towns mentioned in this Article refer to State-owned enterprises, collectively owned enterprises in cities and towns, enterprises with foreign investment, privately owned enterprises in cities and towns as well as other enterprises in cities and towns
 
本条所称城镇企业,是指国有企业、城镇集体企业、外商投资企业、城镇私营企业以及其他城镇企业。

 
Article 3The administrative department of labor security under the State Council is in charge of unemployment insurance work throughout the country. The administrative departments of labor security under the people's governments at or above the county level are in charge of unemployment insurance work within their respective administrative areas. Social insurance agencies engaging in unemployment insurance business established by administrative departments of labor security in accordance with provisions of the State Council will undertake concretely the unemployment insurance work.   第三条 国务院劳动保障行政部门主管全国的失业保险工作。县级以上地方各级人民政府劳动保障行政部门主管本行政区域内的失业保险工作。劳动保障行政部门按照国务院规定设立的经办失业保险业务的社会保险经办机构依照本条例的规定,具体承办失业保险工作。

 
Article 4Unemployment insurance premium is collected and paid according to relevant provisions of the State.   第四条 失业保险费按照国家有关规定征缴。

 
Chapter II Unemployment Insurance Funds 

第二章 失业保险基金


 
Article 5Unemployment insurance funds include the following items:   第五条 失业保险基金由下列各项构成:

 
a.unemployment insurance premium paid by enterprises and institutions in cities and towns as well as their staff and workers; (一)城镇企业事业单位、城镇企业事业单位职工缴纳的失业保险费;

 
b.interest of unemployment insurance fund; (二)失业保险基金的利息;

 
c.financial subsidies; (三)财政补贴;

 
d.other funds incorporated into unemployment insurance funds according to law. (四)依法纳入失业保障基金的其他资金。

 
Article 6Enterprises and institutions in cities and towns shall pay unemployment insurance premium at a rate of 2% on the basis of their total amount of salaries. Staff and workers in enterprises and institutions in cities and towns shall pay unemployment insurance premium at a rate of 1% on the basis of their own salaries. Contract-system farmer workers engaged by enterprises and institutions in cities and towns do not pay unemployment insurance premium themselves.   第六条 城镇企业事业单位按照本单位工资总额的百分之二缴纳失业保险费。城镇企业事业单位职工按照本人工资的百分之一缴纳失业保险费。城镇企业事业单位招用的农民合同制工人本人不缴纳失业保险费。

 
Article 7Overall planning for unemployment insurance funds is to be conducted in municipalities directly under the Central Government and cities divided into districts; levels of overall planning in other areas are to be stipulated by people's governments of provinces and autonomous regions.   第七条 失业保险基金在直辖市和设区的市实行全市统筹;其他地区的统筹层次由省、自治区人民政府规定。

 
Article 8Provinces and autonomous regions may establish adjustment funds of unemployment insurance.   第八条 省、自治区可以建立失业保险调剂金。

Adjustment funds of unemployment insurance are to be raised at a ratio prescribed by people's governments of provinces or autonomous regions, taking unemployment insurance premium that should be collected according to law in areas where overall planning is conducted as the base.
 
失业保险调剂金以统筹地区依法应当征收的失业保险费为基数,按照省、自治区人民政府规定的比例筹集。

If unemployment funds in areas where overall planning is conducted are not enough for use, adjustment funds of unemployment insurance may be used as adjustment and local finance may be used as subsidies.
 
统筹地区的失业保险基金不敷使用时,由失业保险调剂金调剂、地方财政补贴。

Specific measures for raising and adjusting adjustment funds of unemployment insurance and for local financial subsidies are to be stipulated by people's governments of provinces and autonomous regions.
 
失业保险调剂金的筹集、调剂使用以及地方财政补贴的具体办法,由省、自治区人民政府规定。

 
Article 9People's governments of provinces, autonomous regions and municipalities directly under the Central Government, according to the number of the unemployed and the amount of unemployment insurance funds for their respective administrative areas, and after the approval by the State Council, may adjust properly rate of unemployment insurance premium.   第九条 省、自治区、直辖市人民政府根据本行政区域失业人员数量和失业保险基金数额,报经国务院批准,可以适当调整本行政区域失业保险费的费率。

 
Article 10Unemployment insurance funs shall be used for the following expenditure:   第十条 失业保险基金用于下列支出:

 
a.unemployment insurance compensation; (一)失业保险金;

 
b.medical subvention during the period of receiving unemployment insurance compensation; (二)领取失业保险金期间的医疗补助金;

 
c.funeral allowance for the unemployed died during the period of receiving unemployment insurance compensation and pension for spouse and direct relatives supported by the dead person; (三)领取失业保险金期间死亡的失业人员的丧葬补助金和其供养的配偶、直系亲属的抚恤金;

 
d.subsidy for accepting job training and job seeking during the period of receiving unemployment insurance compensation. Measures and Schemes for such subsidy are to be stipulated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government; (四)领取失业保险金期间接受职业培训、职业介绍的补贴,补贴的办法和标准由省、自治区、直辖市人民政府规定;

 
e.other expenses relating to unemployment insurance stipulated or approved by the State Council. (五)国务院规定或者批准的与失业保险有关的其他费用。

 
Article 11Unemployment insurance funds must be deposited into special accounts of social security funds opened by financial departments in State-owned commercial banks. They shall be managed in a way of separate channeled receipts and expenditures and supervised by financial departments according to law.   第十一条 失业保险基金必须存入财政部门在国有商业银行开设的社会保障基金财政专户,实行收支两条线管理,由财政部门依法进行监督。

Unemployment insurance funds deposited into banks and used to buy national debts according to State provisions are accounted interests respectively according to the deposit rates of resident deposits during the same period and interests of national debt. The interests are merged into unemployment insurance funds.
 
存入银行和按照国家规定购买国债的失业保险基金,分别按照城乡居民同期存款利率和国债利息计息。失业保险基金的利息并入失业保险基金。

Unemployment insurance funds shall be used for their specific purposes, and may not be misused for other purposes or used to balance financial expenses and receipts.
......
 
失业保险基金专款专用,不得挪作他用,不得用于平衡财政收支。
......

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