Unofficial translation
Footnote. Abolished by the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated October 05, 2023 No. 430 (effective ten calendar days after the date of its first official publication).In accordance with subparagraph 17) of Article 10 of the Law of the Republic of Kazakhstan dated December 26, 2019 "On compulsory social insurance" I HEREBY ORDER:
1. To approve the attached Rules for maintaining personalized records of participants in the compulsory social insurance system and their social contributions and social benefits.
2. To recognize as terminated:
1) Order of the Acting Minister of Healthcare and Social Development of the Republic of Kazakhstan dated January 13, 2016, No. 15 "On approval of the Rules for maintaining personalized records of participants in the compulsory social insurance system and their social contributions and social benefits" (registered in the State Register of Normative Legal Acts under No. 13094, published on March 11, 2016, in the Legal Information System “Adilet”);
2) paragraph 3 of the list of some orders of the Acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan, the Minister of Healthcare and Social Development of the Republic of Kazakhstan and the Acting Minister of Healthcare and Social Development of the Republic of Kazakhstan, which are amended and supplemented, approved by the Order of the Minister of Labor and Social Protection of the Population Of the Republic of Kazakhstan dated March 13, 2019 No. 122 "On amendments and additions to some orders of the Acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan, the Minister of Healthcare and Social Development of the Republic of Kazakhstan and the Acting Minister of Healthcare and Social Development of the Republic of Kazakhstan" (registered in the State Register of Normative Legal Acts under No. 18395, published on April 2, 2019 in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan).
3. The Department of Social Insurance Policy, Basic Social Security and Pension Security, in accordance with the procedure established by law, shall ensure:
1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this Order on the Internet resource of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of the Legal Service of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan the information on the implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph.
4. Control over the implementation of this Order shall be entrusted to the Vice-Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan A. A. Sarbassov.
5. This Order shall come into effect on January 1, 2020, and is subject to official publication.
Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan |
B. Nurymbetov |
AGREED
Ministry of Digital Development,
Innovation and Aerospace
Industry of the Republic of Kazakhstan
Annex to the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan |
The Rules for maintaining personalized records of participants in the compulsory social insurance system and their social contributions and social benefits
Chapter 1. General Provisions
1. These Rules for maintaining personalized records of participants in the compulsory social insurance system and their social contributions and social payments (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 17) of Article 10 of the Law of the Republic of Kazakhstan dated December 26, 2019 "On compulsory social insurance" (hereinafter referred to as the Law) and shall determine the procedure for maintaining a personalized account of a participant in the compulsory social insurance system, for whom social contributions were made and to whom social payments were made.
2. The following concepts shall be used in these Rules:
1) State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) - a legal entity created by the decision of the Government of the Republic of Kazakhstan for the provision of public services, services for the issuance of technical conditions for connecting natural monopoly entities to the networks and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, organizing work on receiving applications for the provision of public services, services for issuing technical specifications for connecting to networks of natural monopoly entities, services of quasi-public sector entities and issuing their results to a service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to real estate at the place of its location;
2) social contributions - money paid by payers to the State Social Insurance Fund in the manner prescribed by the legislation of the Republic of Kazakhstan;
3) participant in the compulsory social insurance system - an individual for whom social contributions are paid and who has the right to receive social benefits in the event of social risk cases provided for by the Law;
4) social payments - payments made by the State Social Insurance Fund in favor of the recipient of social payments;
5) recipient of social payments (hereinafter referred to as the Recipient) - an individual, for whom social security contributions were made to the State Social Insurance Fund before the case of social risk and in respect of whom the State Social Insurance Fund decided on the appointment of social payments, as in the case of death, who is a member of the compulsory social insurance system - family members of the deceased (recognized by the court as missing or declared deceased) of the breadwinner, who were dependent on him;
6) personalized accounting - organizing and maintaining records of information about each participant in the compulsory social insurance system and to whom social payments were made;
7) database - the information system of the authorized body, containing data on each participant (recipient) of the compulsory social insurance system;
8) The State Social Insurance Fund (hereinafter referred to as the Fund) - a legal entity that accumulates social contributions, assigns and makes social payments to participants in the compulsory social insurance system, in respect of whom a case of social risk has occurred, including family members - dependents in case of loss of a breadwinner;
9) an authorized body - a state body that regulates, controls, and supervises the activities of the Fund;
10) departmental automated information system of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan "Organization of payment processing" (hereinafter referred to as the Information system) - an information system for automating processes for organizing the processing of pension and social contributions and payments.
Chapter 2. The procedure for maintaining personalized records of participants in the compulsory social insurance system and their social contributions and social benefits
3. Personalized registration of participants in the compulsory social insurance system and their social contributions and social benefits shall be maintained by the State Corporation for each individual in the information system of the authorized body.
4. Personalized accounting shall be subdivided into the accounting of participants in the compulsory social insurance system and their social contributions and accounting of recipients of social benefits.
5. State corporation shall:
ensure the confidentiality of information contained in the database in accordance with the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection;
monthly, according to the list, forms, terms of submission of financial and other reports by the State Social Insurance Fund, approved by the authorized body in accordance with subparagraph 2) of Article 10 of the Law, submit to the authorized body information on participants (recipients) of the compulsory social insurance system, social contributions, and social payments.
Paragraph 1. Personalized registration of participants in the compulsory social insurance system and their social contributions
6. Upon receipt of the amounts of social contributions to the bank account of the State Corporation, the information system shall process the received payment orders for the participants of the compulsory social insurance system, for whom social contributions were made.
In the event of a discrepancy between the data and the information received from state information systems, the social contributions shall be returned to the payer.
7. Within one working day from the date of receipt of the amounts of social contributions, the State Corporation shall enter personal information obtained from the list of participants in the compulsory social insurance system and information systems into the database, including:
1) individual identification number (hereinafter - IIN);
2) surname, name, patronymic (if any);
3) date of birth;
4) information on the amounts of paid social contributions and (or) penalties for untimely and (or) incomplete payment of social contributions, as well as on the return of excessive (erroneously) paid social contributions and (or) penalties for untimely and (or) incomplete payment of social contributions in the manner established by the legislation of the Republic of Kazakhstan, indicating the date of receipt, date of dispatch, number, date of the document, payment purpose code (hereinafter referred to as PPC), name of the sender, IIN/BIN (business identification number) of the sender, name of the recipient, the total amount of payment, the number of social contributions, status, period (year, month, months) for which social contributions are made.
8. Personalized registration of participants in the compulsory social insurance system for whom social contributions were made, and (or) a penalty for untimely and (or) incomplete payment of social contributions (including the return of excessively (erroneously) paid social contributions and (or) a penalty for untimely and (or) incomplete payment of social contributions shall be carried out by the State Corporation in an automated mode on an ongoing basis.
9. In cases of changes in the personal data of participants in the compulsory social insurance system, the State Corporation shall make information and changes to the database, as well as provide a personalized record of information on the returned excessively (erroneously) paid amounts of social contributions, recognized as illegal (unreasonable), in the manner prescribed by law Of the Republic of Kazakhstan, on social payments (including the return of excessively credited (paid) amounts of social payments) made to recipients.
Paragraph 2. Personalized registration of recipients of social benefits
10. Personalized accounting of social benefits shall be carried out by the State Corporation from the date of the applicant's request for the appointment of social benefits.
11. Recipients of social benefits who have been assigned social benefits, as well as for whom there are decisions to suspend (including those withdrawn by the deadline), resume, and terminate social benefits, are subject to registration.
12. Accounting for recipients of social benefits shall include the following data (depending on the type of social benefits):
1) IIN;
2) surname, name, patronymic (if any);
3) date of birth;
4) gender;
5) address of the place of residence;
6) post office code;
7) series and number of the document of identity (ID of oralman), date of issue, and the name of the issuing authority;
8) on changing the number and date of issue of the document of identification;
9) citizenship, on the change of citizenship;
10) date of circulation;
11) date of the onset of social risk;
12) date of the decision on the appointment of social benefits;
13) date of the expiry of the term of the social payment;
14) on the length of service in the compulsory social insurance system;
15) the average monthly income from which social contributions were made;
16) on the type of social payment;
17) on the degree of disability;
18) on the number of dependents;
19) on registration as an unemployed person;
20) on the number of days indicated in the sheet of temporary incapacity for work issued in connection with pregnancy and childbirth, as well as the adoption (adoption) of a newborn child (children);
21) on the order of birth of a child;
22) on the amount of the assigned social payment;
23) on the period for which the social payment is assigned;
24) information on the amounts of compulsory pension contributions withheld from social payments;
25) information on the amounts of social benefits listed, as well as on the return of excessively credited (paid) amounts of social benefits of erroneously listed social benefits, indicating the date of receipt, date of dispatch, number, date of the document, payment purpose code (hereinafter referred to as PPC), name of the sender, IIN/BIN (business identification number) of the sender, name of the recipient, total payment amount, amount of social benefits, status, period (year, month, months) for which social benefits are made.
13. Personalized accounting of social benefits (including the return of excessively credited (paid) amounts of social benefits) shall be carried out by the State Corporation in an automated mode on an ongoing basis.
14. The State Corporation, within one working day, shall enter the data and changes to the database, and shall also provide personalized accounting of information on social benefits (including the return of overly credited (paid) amounts of social benefits) made to recipients.