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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 27, 2018 No. 500

About the national social insurance

For the purpose of further enhancement of the national social insurance:

1. Determine that:

1.1. the physical persons performing the activities which are not relating to business activity according to legal acts have the participation right in legal relationship on the national social insurance to case of achievement of retirement age, disability and loss of the supporter.

By legal acts for the specified physical persons the obligation of participation in legal relationship on the national social insurance can be established;

1.2. individual entrepreneurs, other payers equated to them on payment of compulsory insurance premiums have the right not to pay compulsory insurance premiums for the non-realization periods in reporting year of the related activity with indication of such periods in documents of the personified accounting.

2. Make changes and additions to presidential decrees of the Republic of Belarus (appendix).

3. Determine that action of subitem 1.2 of Item 1 of this Decree, paragraphs of the thirty sixth - the thirty ninth subitem 1.3 of Item of 1 appendix extends to the relations which arose since January 1, 2018.

4. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

5. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of December 27, 2018 No. 500

Changes and additions made to presidential decrees of the Republic of Belarus

1. In the Presidential decree of the Republic of Belarus of January 16, 2009 No. 40 "About Social Security Fund of the population of the Ministry of Labour and Social Protection":

1.1. in Item 2:

in subitem 2.1:

in part one:

third to exclude the paragraph;

add part with paragraphs of the following content:

"in cases of failure to pay or incomplete payment of compulsory insurance premiums, fees on professional pension insurance and other payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further - the budget of fund) payers of compulsory insurance premiums (further - payers):

stop transactions of payers according to the current (settlement) bank accounts, except for accounts on accounting of budgetary funds (further if other is not provided by this Decree, - accounts), to e-wallets if other is not established by legal acts;

receive, including in the form of the electronic document, from banks information on remaining balance and cash flow on accounts, electronic money in e-wallets of payers.";

in part two:

to "the current (settlement) bank accounts" shall be replaced with words words to "accounts, e-wallets";

after words to "these accounts" to add part with words ", to e-wallets";

exclude subitem 2.2;

state subitem 2.3 in the following edition:

"2.3. in the presence of the decision on suspension of transactions of the payer on accounts, e-wallets or information on such decision obtained from the automated information system used in case of interaction of registering bodies with authorized bodies and the organizations, banks have no right to open for the payer other accounts, e-wallets, except for accounts on accounting of budget funds of fund, and also accounts opened according to legal acts;";

add Item with subitem 2.4 of the following content:

"2.4. based on the resolution (determination) of the body conducting criminal procedure which took legal effect in case of recovery of the violated pension rights of physical person at the expense of treasury of the Republic of Belarus, treasury of administrative and territorial unit by the relevant financial body transfers into the budget of fund money on compulsory insurance premiums for case of achievement of retirement age, disability and loss of the supporter.

Concerning the physical persons recovering the pension rights, the size of compulsory insurance premiums for pension insurance constitutes 29 percent from the amount of the lost earnings determined without correction coefficients and consumer price indexes, for the period, for which it is compensated the lost earnings to these persons (are compensated). Documents of the individual (personified) accounting in system of the national social insurance on this category of persons are filled and represented by employees of bodies of Fund according to the procedure, established by the legislation.";

1.2. in Regulations on the Social Security Fund of the population of the Ministry of Labour and Social Protection of the Republic of Belarus approved by the Decree:

in Item 8:

the fifth to state the paragraph in the following edition:

"will organize and keeps the individual (personified) account of information about insured persons for the purposes of the national social insurance, including professional pension insurance, without written consent insured persons with observance of the requirements determined by legal acts for information security, distribution and (or) provision of which is limited, ensures their confidentiality and safety;";

after the paragraph of the fifth to add Item with the paragraph of the following content:

"exercises control of compliance with law about the national social insurance;";

the twelfth to state the paragraph in the following edition:

"takes stipulated by the legislation measures to the payers breaking contributory scheme, and also representing for appointment and payment of professional pensions the documents containing false information;";

the thirteenth to exclude the paragraph;

the seventeenth to state the paragraph in the following edition:

"performs actions for creation, implementation, operation and development of information systems and resources concerning the national social insurance, the automated workplaces and other automation equipment and computerization of work of Fund and its territorial authorities, and also performs electronic interaction with the payers insured by persons, state bodies and other organizations according to the legislation;";

after the paragraph of the seventeenth to add Item with paragraphs of the following content:

"posts on the official site on the global computer Internet the list of the organizations and individual entrepreneurs having debt on compulsory insurance premiums;

receives gratuitously data from information systems, information resources, necessary for accomplishment of the purposes and tasks in the field of the national social insurance, including the containing personal data (without written consent citizens) and data on property of the organizations and individual entrepreneurs, access, including remote, to information systems, information resources containing such data by the written request or based on the agreement between Fund and state bodies, the organizations has if other is not determined by legal acts;";

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