LaoSheTingHan [2001] No.286 December 30, 2001

Labor and Social Security Department of Guangxi Chuang Autonomous Region:

Your department's Request for Instructions on Whether the Bankrupted Enterprises Shall Pay Social Insurance Fees during the Period of Self-saving (GuiLaoSheBaoZi [2001] No. 25) has been received. After study, our reply is as follows:

According to prevision that "the bankrupted enterprises which carry out social insurance shall pay the overall social planning fees they owed till the day when they are declared bankruptcy by people's court." of the Official and Written Reply of Till When the Overall Social Planning Fees shall be Paid by the Bankrupted Enterprises which Carry out Social Insurance (FaFu [1996] No. 17) of the Highest People's Court, we consider that the enterprises which are applying to be declared bankruptcy shall pay the social insurance fees for their workers and stuffs during the period of ordination or re-ordination; The enterprises which have been declared bankruptcy by people's court's judgment may not pay the social insurance fees from the day that they were declared bankruptcy by people's court's judgment.

There is no provision on whether enterprises declared bankruptcy by people's court's judgment can operate business of self-saving according to the authorization or permission of the liquidation committee during the period of bankruptcy liquidation. We deem that enterprises which operate business of self-saving according to the authorization or permission of the liquidation committee during the period of bankruptcy liquidation and still pay salary to workers and stuffs, may pay social insurance fees according to the relevant regulations. Your department can deal it based on practical situation.

Promulgated by The General Office of the Ministry of Labor and Social Security on 2001-12-30