May 31, 2010
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Circular of the Ministry of Human Resources and Social Security on Relevant Issues about Regulating the Enterprise Annuity Fund Management Services [Effective]
人力资源和社会保障部关于规范企业年金基金管理服务有关问题的通知 [现行有效]
Circular of the Ministry of Human Resources and Social Security on Relevant Issues about Regulating the Enterprise Annuity Fund Management Services
(No.35 [2009] of the Ministry of Human Resources and Social Security)
Departments (bureaus) of human resources and social security, or departments (bureaus) of labor and social security in all provinces, autonomous regions and municipalities directly under the Central Government, Bureau of Labor and Social Security of Xinjiang Production and Construction Corps, and all enterprise annuity fund management institutions:
Along with the progress in the market management and operation of enterprise annuities, the work of enterprise annuities has made new developments. However, few problems arose in our work, for example, failure of some enterprise annuity fund management institutions to provide sufficient services, random collection of management fees, and illegal practices of some enterprises in the process of establishing their enterprise annuities. In order to standardize management practices, achieve orderly competition, enhance service quality and promote a healthy development of the enterprise annuity market, we herby notify relevant issues as follows:


I. Each enterprise annuity fund management institution shall provide fundamental services and ensure its service quality according to the duties prescribed in the Trial Measures for Management of Enterprise Annuity Funds. Based thereon, each enterprise annuity fund management institution shall actively explore new service items and provide more services for enterprises and employees according to enterprise demands and business requirements. The cycle, frequency, quantity and price, etc. of each service item shall be determined according to relevant laws, regulations and rules; or according to pertinent industrial practices where there is no such law, regulation or rule, or be specified in the enterprise annuity fund management contracts through negotiations among the parties concerned.
II. Each enterprise annuity fund management institution shall abide by the Law of the People's Republic of China on Anti-unfair Competition, the Anti-Monopoly Law of the People's Republic of China, the Price Law of the People's Republic of China and other relevant laws, regulations and rules, act on the principle of free will, equality and good faith, diligently carry out the work, rationally determine service prices, and get fair remunerations. For any of the following acts made by any enterprise annuity fund management institution, you should, in light of circumstances, adopt the measure of supervisory talk, issuance of written opinions on rectification, circulation of a notice of criticism within the industry, disclosure to the general public, suspension of its new enterprise annuity fund management business or even cancellation of its enterprise annuity fund management qualification, etc.:

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