Notice of the Ministry of Human Resource and Social Security, the Ministry of Finance, the State-owned Assets Supervision and Administration Commission of the State Council and the Ministry of Supervision on Appropriately Settling Relevant Issues concerning the Medical Security for Retirees of Closed-down and Bankrupt State-owned Enterprises

人力资源和社会保障部、财政部、国务院国有资产监督管理委员会、监察部关于妥善解决关闭破产国有企业退休人员等医疗保障有关问题的通知

Promulgating Institution: Ministry of Human Resource and Social Security, Ministry of Finance, State-owned Assets Supervision and Administration Commission of the State Council, Ministry of Supervision

Document Number: Ren She Bu Fa [2009] No. 52

Promulgating Date: 05/27/2009

Effective Date: 05/27/2009

颁布机关: 人力资源和社会保障部; 财政部; 国务院国有资产监督管理委员会; 监察部

文      号: 人社部发[2009]52号

颁布时间: 05/27/2009

实施时间: 05/27/2009

Departments (bureaus) of human resources and social security (labor and security), finance departments (bureaus), state-owned assets supervision and administration commissions and supervision departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, the Bureau of Labor and Security, Finance Bureau, State-owned Assets Supervision and Administration Commission and the Supervision Bureau of the Xinjiang Production and Construction Corps, and the Economic and Trade Commission (Economic Commission) of Anhui, Fujian and Guizhou provinces, 

The Central Committee of the Communist Party of China (CPC) and the State Council attach great importance to the medical security of retirees of closed-down and bankrupt enterprises, and local CPC committees and governments at all levels have actively taken various measures and made huge efforts in this regard, achieving positive achievements. 

With a view to implementing the spirits of the Opinions of the Central Committee of the Chinese Communist Party and the State Council on Deepening the Reform of Medical and Health Care System (Zhong Fa (2009) No.6) and the requirements of the Notice of the State Council on Printing and Distributing Key Implementation Plans in the Near Term (2009-2011) for the Medical and Health Care System Reform (Guo Fa [2009] No.12), and thoroughly settling issues concerning insurance participation of retirees of other closed-down and bankrupt enterprises on the basis of appropriately settling issues related to insurance participation of retirees of local State-owned enterprises that are closed down or declared bankrupt in accordance with State policies, upon approval of the State Council, relevant issues are hereby notified as follows:

    各省、自治区、直辖市人力资源社会保障(劳动保障)厅(局)、财政厅(局)、国资委、监察厅(局),新疆生产建设兵团劳动保障局、财务局、国资委、监察局,安徽、福建、贵州省经贸委(经委):

    党中央、国务院高度重视关闭破产企业退休人员医疗保障问题,地方各级党委政府积极采取各种措施,做了大量工作,取得了积极的成效。为贯彻《中共中央、国务院关于深化医药卫生体制改革的意见》(中发〔2009〕6号)精神、落实《国务院关于印发医药卫生体制改革近期重点实施方案(2009—2011年)的通知》(国发〔2009〕12号)要求,在妥善解决地方政策性关闭破产国有企业退休人员参保问题的基础上,彻底解决其他关闭破产企业退休人员参保等问题,经国务院同意,现就有关问题通知如下:

1. All regions shall take effective measures to cover uninsured retirees of closed-down and bankrupted State-owned enterprises into the basic medical insurance for local urban workers by the end of 2009 in strict accordance with the requirements of the documents of Zhong Fa [2009] No.6 and Guo Fa [2009] No.12. In addition, all regions shall settle the medical security of all other urban residents, including retirees of closed-down and bankrupt collective enterprises as well as workers and staff members of troubled enterprises, to effectively satisfy their basic medical needs.

       一、各地要认真按照中发〔2009〕6号和国发〔2009〕12号文件要求,采取切实有效措施,于2009年年底前将未参保的关闭破产国有企业退休人员纳入当地城镇职工基本医疗保险。同时,统筹解决包括关闭破产集体企业退休人员和困难企业职工等在内的其他各类城镇人员医疗保障问题,切实保障他们的基本医疗需求。

2. All regions shall raise funds through various appropriate channels to finance the participation in the basic medical insurance of urban workers by retirees of closed-down and bankrupt State-owned enterprises. Enterprises shall institute closing down or bankruptcy proceedings in accordance with relevant provisions of the Enterprise Bankruptcy Law to pay the expenses needed for insurance participation by the retirees with remaining property of the enterprises in bankruptcy proceedings. Where an enterprise fails to have sufficient remaining property, the payment shall be financed through various channels as from such property not included in the bankruptcy property as income from assignment of land-use right, financial subsidies and balance of the medical insurance fund. Governments at the provincial level shall provide assistance and support for municipalities and counties with difficulty. The subsidies prepared by local governments at all levels to help settle the medical insurance participation of retirees of closed-down and bankrupt enterprises may be distributed in installments on an annual basis. Where retirees of local State-owned enterprises that are declared bankrupted in accordance with the law participate in the basic medical insurance of urban workers, the Central Treasury shall grant a lump-sum subsidy based on the principle of "combination of award and subsidy". Thereafter, all regions shall strictly implement the Enterprise Bankruptcy Law and other applicable laws and regulations to appropriately settle the funds necessary for insurance participation by retirees of closed-down and bankrupt enterprises, and the Central Treasury shall no longer grant any subsidy.

       二、各地要通过多渠道筹资的办法,妥善解决关闭破产国有企业退休人员参加城镇职工基本医疗保险所需资金。在企业实施关闭破产时,要按照《企业破产法》相关规定,通过企业破产财产偿付退休人员参保所需费用。企业破产财产不足偿付的,可以通过未列入破产财产的土地出让所得、财政补助、医疗保险基金结余调剂等多渠道筹资解决。省级政府对困难市、县应给予帮助和支持。地方各级政府安排用于帮助解决关闭破产企业退休人员参保的补助资金,可分年到位。对地方依法破产国有企业退休人员参加城镇职工基本医疗保险,中央财政按照“奖补结合”原则给予一次性补助。今后,各地要严格执行《企业破产法》等法律法规,妥善解决关闭破产企业退休人员参保所需资金,中央财政不再给予补助。

3. All regions shall effectively implement the Notice of the General Office of the State Council on Forwarding Several Opinions of the State Economic and Trade Commission and Other Departments on Settling Issues Concerning the Basic Livelihood of Workers and Staff Members of Troubled State-owned Enterprises and Closed-down and Bankrupt Enterprises (Guo Ban Fa [2003] No. 2), and bring retirees of central and local State-owned enterprises that are closed-down or declared bankrupt pursuant to policies as well as the funds raised for insurance participation thereby under the basic medical insurance system for urban workers at the domiciles of the said retirees. No separate management or closed operation is allowed. The basic medical benefits of retirees shall be severed from the enterprises (or enterprise groups) to which they originally belong, and the regions under overall planning shall ensure that the retirees are entitled to relevant benefits of the basic medical insurance for local urban workers. The Central Treasury shall, on the basis of subsidies specified in the document of Guo Ban Fa [2003] No. 2, grant lump-sum subsidy for participation in the basic medical insurance of urban workers by retirees of central and local State-owned enterprises that are closed-down or declared bankrupt pursuant to policies.

       三、各地要认真落实《国务院办公厅转发国家经贸委等部门关于解决国有困难企业和关闭破产企业职工基本生活问题若干意见的通知》(国办发〔2003〕2号),将中央和中央下放地方政策性关闭破产国有企业退休人员及其参保所筹集资金纳入属地城镇职工基本医疗保险体系统一管理,不得单独管理、封闭运行。退休人员基本医疗待遇与原所属企业(或企业集团)脱钩,统筹地区应按规定确保退休人员享受当地城镇职工基本医疗保险的相关待遇。中央财政在按国办发〔2003〕2号文件规定安排补助的基础上,对中央和中央下放地方政策性关闭破产国有企业退休人员参加城镇职工基本医疗保险,给予一次性补助。

4. All regions shall formulate specific implementing measures to bring uninsured retirees of all other closed-down and bankrupt enterprises, such as closed-down and bankrupt collective enterprises, as well as workers and staff members of troubled enterprises under the coverage of the basic medical insurance of urban workers. The Central Treasury shall grant a lump-sum allowance to regions with outstanding achievements in the said task in the form of award rather than subsidy. Where an enterprise is unable to provide retirees, and workers and staff members with the basic medical insurance of urban workers due to real difficulties, the same shall be covered by the basic medical insurance of urban residents upon approval by the people's government concerned at the provincial level, and the Central Treasury shall grant subsidies under relevant provisions on the basic medical insurance of urban residents. People's Governments at the provincial level shall clarify the specific criteria and examination and approval procedure for enterprises applying to have the retirees, workers and staff members thereof participate in the basic medical insurance of urban residents. Departments of human resources and social security at the provincial level shall organize the implementation in strict accordance with applicable provisions, and prevent enterprises with payment capacity from evading the responsibility to pay insurance premium for the basic medical insurance of urban workers, and thus prejudicing the rights and interests of retirees and workers and staff members. By the end of 2010, the issue of insurance participation by retirees of all closed-down and bankrupt enterprises as well as workers and staff members of troubled enterprises shall be resolved as a whole.

       四、各地要制定具体的实施办法,切实将目前尚未参保的、关闭破产集体企业等其他各类关闭破产企业退休人员和困难企业职工纳入城镇职工基本医疗保险。中央财政对此项工作做得好的地区,通过以奖代补的方式给予一次性补助。对确有困难、难以参加城镇职工基本医疗保险的,经省级人民政府批准纳入城镇居民基本医疗保险,中央财政按照城镇居民基本医疗保险有关规定给予补助。省级人民政府要明确参加城镇居民基本医疗保险企业的具体标准和审批程序,省级人力资源社会保障等部门要认真按照规定严格组织实施,防止有缴费能力的企业逃避参加城镇职工基本医疗保险的缴费责任,损害退休人员和职工权益。到2010年年底前,基本解决所有关闭破产企业退休人员和困难企业职工的参保问题。

5. All regions shall accelerate the expansion of the coverage of the basic medical insurance for urban workers and the basic medical insurance of urban residents, to ensure the fulfillment of the objective that the rate of participation in the basic medical insurance for urban workers and the basic medical insurance of urban residents both reach over 90% by the end of 2011. Continue to implement the spirits of the Decision of the State Council on Establishing the Basic Medical Insurance System for Urban Workers (Guo Fa [1998] No. 44) and other relevant documents, actively promote the efforts to settle the issue of insurance participation by workers and staff members employed by urban non-public sector of the economy, personnel of flexible employment and personnel with difficulty in finding employment, and bring all local public institutions and enterprises as well as the workers and staff members thereof under the local basic medical insurance for urban workers. Moreover, initiate the basic medical insurance system for urban residents on a grand scale in accordance with the requirements of the Notice of the Ministry of Human Resources and Social Security and the Ministry of Finance on Initiating Basic Medical Insurance for Urban Residents on a Grande Scale (Ren She Bu Fa [2009] No. 35), to effectively cover unemployed urban residents with the basic medical insurance of urban residents. The Central Treasury shall grant allowance in the form of award rather than subsidy according to the actual rate of insurance participation in all regions, along with the appraisal of the insurance participation by retirees of various closed-down and bankrupt enterprises and workers and staff members of troubled enterprises.

       五、各地要加快城镇职工基本医疗保险和城镇居民基本医疗保险的扩面进度,确保实现到2011年年底城镇职工基本医疗保险、城镇居民基本医疗保险参保率均达到90%以上的目标。要继续贯彻落实《国务院关于建立城镇职工基本医疗保险制度的决定》(国发〔1998〕44号)及其他相关文件精神,大力推进解决城镇非公有制经济组织从业人员、灵活就业人员、就业困难人员参保问题,将本行政区域内各类机关事业单位和企业单位及其职工全部纳入属地城镇职工基本医疗保险。同时,要按照《人力资源社会保障部、财政部关于全面开展城镇居民基本医疗保险工作的通知》(人社部发〔2009〕35号)要求,全面推开城镇居民基本医疗保险制度,切实将城镇非就业居民纳入城镇居民基本医疗保险。中央财政将根据各地实际参保率,与各类关闭破产企业退休人员和困难企业职工参保情况一并进行考核,通过以奖代补给予补助。

6. All regions shall conscientiously fulfill their responsibilities and ensure effective implementation of relevant requirements. People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government shall effectively shoulder responsibilities, further clarify State policies, formulate careful, detailed and feasible working plans and intensify guidance for areas under overall planning, to ensure that the funds allocated be used for intended purposes and that all working objectives be fulfilled. With a view to strengthening responsibilities and clarifying requirements, the Ministry of Human Resources and Social Security, the Ministry of Finance, the State-owned Assets Supervision and Administration Commission of the State Council and the Ministry of Supervision shall sign the work objective agreement with People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government. People's Governments of all regions under overall planning shall effectively organize and formulate specific implementing plans, to ensure the on-schedule fulfillment of tasks. Local governments at all levels shall actively adjust the expenditure structure and raise the funds needed through various channels, to ensure fund availability. Local governments in eastern, central and western provinces shall achieve a fund availability rate of 50%, 40% and 30%, respectively, by the end of 2011, to properly settle the issue of insurance participation by retirees of closed-down and bankrupt State-owned enterprises. Local governments at all levels shall give priority to regions with heavy tasks and financial difficulty in settling the issue of insurance participation by retirees of closed-down and bankrupt enterprises and workers and staff members of troubled enterprises when allocating fiscal subsidies from the higher and equivalent level. People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government shall exercise the functions of supervision and coordination to urge and effect the implementation of all policies. Competent departments of the Central Government shall inspect the implementation of this Notice by all regions as appropriate.

Ministry of Human Resources and Social Security 

Ministry of Finance

State-owned Assets Supervision and Administration Commission of the State Council

Ministry of Supervision

May 27, 2009

       六、各地要认真履行职责，切实抓好贯彻落实。各省、自治区、直辖市人民政府要切实承担责任，进一步明确政策，制定周密详尽、切实可行的工作方案，切实加大对统筹地区的工作指导力度，确保专款专用和工作目标的实现。为强化工作责任，明确工作要求，人力资源社会保障部、财政部、国务院国资委、监察部将与各省、自治区、直辖市人民政府签订工作目标协议书。各统筹地区人民政府要精心组织，制定具体实施计划，确保按期完成工作任务。地方各级政府要积极调整支出结构，努力通过多渠道方式筹措所需资金，确保资金到位。到2011年年底，东、中、西部省份解决关闭破产国有企业退休人员参保问题地方政府所需筹集资金到位率要分别达到50%、40%和30%。地方各级政府在分配上级和本级财政补助资金时，要对关闭破产企业退休人员和困难企业职工参保任务重、财力困难的地区给予倾斜。各省、自治区、直辖市人民政府要发挥监督和协调作用，督促落实各项政策。中央有关部门将对各地落实本通知的情况适时进行督查。

    人力资源和社会保障部

    财政部

    国务院国有资产监督管理委员会

    监察部

    二○○九年五月二十七日