Article 21 If a contract-system farmer worker engaged by a unit has been working continuously for not less than one year, and the unit has paid unemployment insurance premium, where no contract is renewed when the employment contract is expired or the contract is terminated in advance, the social insurance agency shall pay one-off living subsidy to the farmer worker according to the length of his working period.
Measures and standards for such subsidy are to be stipulated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 22 If enterprises and institutions in cities and towns move as a whole from one area where overall planning is conducted to another one, or if the unemployed moves among area where overall planning is conducted, the social insurance credentials are to be moved together.
Article 23If the unemployed are qualified for minimal living ensuring standard for urban residents, they are entitled to enjoy the benefit of the minimal living ensuring standard for urban residents.
Chapter Four Administration and Supervision
Article 24 In the administration of social insurance, the administrative department of labor security shall perform the following duties:
a.implement and enforce laws and regulations on unemployment insurance;
b.guide the work of social insurance agencies;
c.conduct supervision and inspection on collection of unemployment insurance premium and payment of unemployment insurance compensation.
Article 25 When undertaking concretely the work of social insurance, social insurance agencies shall perform the following duties:
a.being responsible for registration, investigation and statistics of the unemployed;
b.being responsible for administration of unemployment insurance funds according to provisions;
c.checking and determining unemployment insurance benefits, and issuing documents for the unemployed by which they receive unemployment insurance compensation and or other subsidies from designated banks;
d.appropriating subsidiary fees for vocational training and job seeking for the unemployed;
e.offering free consultation service to the unemployed;
f.other duties stipulated by the State to perform.
Article 26 Financial departments and auditing departments shall supervise the collection, payment and administration of unemployment insurance funds according to law.
Article 27 Outlays for social insurance agencies shall be listed into budget and appropriated from government finance.
Chapter Five Penalty Provisions
Article 28 Where anyone disqualified for enjoying unemployment insurance benefits defrauds unemployment insurance compensation and other unemployment insurance benefits, the social insurance agency shall order them to be returned,
where the circumstances are serious, a fine of not less than one time but not more than three times the amount defrauded shall be imposed by administrative department of labor security.
Article 29Where a functionary of a social insurance agency, in violation of provisions, issues documents for receiving unemployment insurance compensation or enjoying other unemployment insurance benefits for the unemployed, thus causing losses of unemployment insurance funds, the administrative department of labor security shall order them to be recovered; where the circumstances are serious, administrative sanctions shall be imposed according to law.
Article 30Where a functionary of the administrative department of labor security and the social insurance agency abuses his power, neglects his duties and practice favoritism, thus resulting in the losses of unemployment insurance funds, the administrative department of labor security shall recover the lost unemployment insurance funds;
if the violations constitute crimes, criminal liability shall be investigated according to law; if no crime is constituted, administrative sanctions shall be imposed according to law.
Article 31 If any unit or individual misappropriates unemployment insurance funds, the misappropriated fund shall be recovered;
if there is illegal income, such illegal income shall be confiscated and merged into unemployment insurance funds;
if the violations constitute crimes, criminal liability shall be investigated according to law; if no crime is constituted, administrative sanctions shall be imposed according to law upon the persons in charge who bear direct responsibility and other persons directly responsible.
Chapter Six Supplementary Provisions
Article 32 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government, according to the actual local situations, may determine whether these Regulations apply to social organizations and their full-time staff, private non-enterprise units and their staff and workers, or individual industrial and commercial businesses in cities and towns with employees that are located within their respective administrative areas.
Article 33These Regulations take effect as of the date of promulgation. The Provisions on Unemployment Insurance of Staff and Workers in State-owned Enterprises, promulgated by the State Council on April 12th 1993, is annulled simultaneously.