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LAW OF THE REPUBLIC OF BELARUS

of July 15, 2021 No. 118-Z

About budget payments of state non-budgetary fund of social protection of the population of the Republic of Belarus

Accepted by the House of Representatives on June 17, 2021

Approved by Council of the Republic on June 25, 2021

This Law is directed to determination of the legal basis of payment of compulsory insurance premiums, fees for professional pension insurance and other payments (further if other is not determined, - fees) in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further - the budget of fund), and also to relations management, the fees connected with payment.

Chapter 1. Basic provisions

Article 1. The main terms used in this Law and their determinations

1. For the purposes of this Law the following main terms and their determinations are used:

fees on professional pension insurance - obligatory payments of the insurer in the budget of fund for forming of funds for professional pensions;

other payments - the expenses which are not counted to offsetting of compulsory insurance premiums; surcharges for permits to sanatorium treatment and improvement at the expense of means of the national social insurance; the amounts of the return requirement (regress) in the amount of the benefits and pensions paid in connection with death, mutilation or other damage of health of the citizen and also on the occasion of loss of the supporter; penalty fee and other payments, stipulated by the legislation;

local financial body - structural division of local executive and administrative organ of regional or basic territorial level which main functions the organization of work on creation and execution of the corresponding local budget treats;

compulsory insurance premiums - obligatory payments of the payer in the budget of fund on pension and (or) social insurance;

pension insurance - compulsory insurance on case of achievement of retirement age, establishment of disability, loss of the supporter;

the working citizens are the citizens of the Republic of Belarus, foreign citizens and stateless persons (further, if is not determined other, - citizens) working according to employment and (or) civil contracts which subject are performance of works, rendering services and creation of intellectual property items (further - the civil agreement), at employers, and also on the basis of membership (participation) in legal entities of any forms of business; the physical persons who are owners of property (participants, members, founders) of legal entities and performing functions of heads of these legal entities; persons condemned to imprisonment for certain term (further - persons condemned to imprisonment) or being in medical and labor dispensaries (further - LTP) which are involved in accomplishment of paid works according to the legislation;

employers - the legal entities, their representations and branches having separate balance; representative offices of the foreign organizations; the foreign organizations performing activities in the Republic of Belarus through permanent mission, corresponding to the signs determined by the Tax code of the Republic of Belarus (further - the foreign organizations); the individual entrepreneurs, notaries performing notarial activities in notarial bureaus, employing citizens according to employment and (or) civil contracts; the physical persons employing citizens according to employment contracts;

social insurance - compulsory insurance on case of temporary disability, pregnancy and childbirth, the births of the child, child care aged up to 3 years, provision monthly one additional Mother's Day, free from work, (stepmother) or the father (stepfather), the guardian (custodian), bringing up the handicapped child aged up to 18 years, loss of work, the death of insured person or the member of his family;

the physical persons who are independently paying compulsory insurance premiums - individual entrepreneurs; lawyers; notaries irrespective of organizational form of implementation of notarial activities; the physical persons performing the activities which are not relating to business activity according to legal acts, not being notaries, lawyers (further - self-employed persons); creative specialists; the citizens working in the Republic of Belarus or being individual entrepreneurs, participating in program implementation and projects of the international technical assistance of the European Union (further - persons participating in projects implementation of MTP); the citizens performing works on civil agreements at physical persons; the citizens working in representative offices of the international organizations in the Republic of Belarus, diplomatic representations and consular establishments of the foreign states accredited in the Republic of Belarus; the citizens working outside the Republic of Belarus.

2. Other terms are used in this Law in the values established by the legislation.

Article 2. Legal regulation of questions of payment of the fees and relations connected with payment of fees

1. The questions of payment of fees and the relations connected with payment of fees are regulated by this Law, acts of the President of the Republic of Belarus, other acts of the legislation, international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Payers of fees

1. Payers of compulsory insurance premiums are:

employers;

the working citizens;

the physical persons who are independently paying compulsory insurance premiums;

The Belarusian republican unitary insurance enterprise Belgosstrakh (its separate divisions) (further - Belgosstrakh);

the organizations in which the military personnel of compulsory military service was provided with cash allowance (further - the organizations providing with cash allowance).

Payers of compulsory insurance premiums are not:

The Belarusian republican Bar and territorial Bars - for lawyers;

The Belarusian notarial chamber and territorial notarial chambers - for notaries.

2. Belgosstrakh is payer of compulsory insurance premiums:

for unemployed disabled people owing to the labor mutilation or occupational disease which did not reach generally established retirement age which according to the legislation on compulsory insurance from labor accidents and occupational diseases performs monthly insurance payment (further - monthly insurance payment);

for persons to whom surcharge to average earnings is made in case of temporary (before recovery of working capacity or establishment of its permanent loss) transfer to easier below-paid work in connection with damage of health as a result of labor accident or occupational disease (further - surcharge to average earnings);

for persons to whom according to the legislation on compulsory insurance from labor accidents and occupational diseases temporary disability benefit in connection with damage of health as a result of labor accident or occupational disease is paid (further - insurance benefit on temporary disability).

3. Payers of fees on professional pension insurance are insurers whom the employers from among the legal entities, their representations and branches having separate balance, and also representative offices of the foreign organizations, the foreign organizations employing in special working conditions according to employment contracts treat.

Article 4. Object for charge of fees

1. Object for charge of compulsory insurance premiums are:

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