State institution - Pension Fund Administration Russian Federation by ______________________ (hereinafter referred to as the PFR Office) represented by ________________, acting on the basis of the Regulations, on the one hand, and ____________ (the full name of the policyholder and registration number in the territorial bodies of the PFR are indicated) represented by ____________, acting on the basis of ____________, hereinafter referred to "System Subscriber", on the other hand, have entered into this Agreement as follows:
1. Subject of the Agreement
1.1. The Pension Fund Management and the System Subscriber exchange documents in in electronic format within the framework of the Pension Fund's EDMS via telecommunication channels (hereinafter referred to as the System).
1.2. The parties acknowledge that the electronic documents they receive, certified by an electronic digital signature (EDS) of authorized persons, are legally equivalent to paper documents certified by the corresponding signatures and seals of the parties.
1.3. The parties acknowledge that the use of cryptographic information protection tools (CIPF) in the System, which implement encryption and electronic digital signatures, is sufficient to ensure the confidentiality of information interaction between the parties to protect against unauthorized access (hereinafter referred to as NSD) and the security of information processing, as well as to confirm that , What:
the electronic document comes from the party that transmitted it (confirmation of the authorship of the document);
the electronic document has not undergone changes during the information interaction of the parties (confirmation of the integrity and authenticity of the document) with a positive result of the digital signature verification;
The fact of delivery of an electronic document is the formation by the receiving party of a receipt for the delivery of the electronic document.
1.4. To work in the System, the parties are guided by the current legislation of the Russian Federation and regulations of the Pension Fund of Russia.
1.5. This Agreement is free of charge.
2. Specifications
2.1. The system subscriber, at his own expense, purchases, installs and ensures the functionality of the software and means of cryptographic protection of information and digital signatures necessary for connecting to the System.
2.2. The System subscriber pays for the communication means and communication channels necessary to work in the System.
2.3. The production and certification of encryption keys and digital signatures for the System Subscriber is carried out by one of the CA service providers, a list of which is provided to the System Subscriber by the territorial bodies of the Pension Fund of the Russian Federation.
3. Procedure for exchanging electronic documents
3.1. Each party has the right to electronically transfer to the other party and receive from the other party electronic documents in accordance with Federal Law dated 04/01/1996 N 27-FZ "On individual (personalized) accounting in the state pension insurance system", Federal Law dated 04/30/2008 N 56-FZ "On additional insurance contributions for the funded part of the labor pension and state support formation of pension savings", Federal Law dated July 24, 2009 N 212-FZ "On insurance contributions to Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Mandatory Fund health insurance and territorial compulsory health insurance funds", as well as other documents ensuring the functioning of the System.
3.2. The parties carry out information exchange in accordance with the Technology for exchanging documents via telecommunication channels in the electronic document management system of the Pension Fund of the Russian Federation and the Security Regulations for Secure Exchange electronic documents in the electronic document management system of the Pension Fund of Russia via telecommunication channels posted on the website of the State Administration - Branch of the Pension Fund of the Russian Federation on ____________.
3.3. In cases where the owner of the system Subscriber key certificate is not the manager, in accordance with Federal Law dated January 10, 2002 N 1-FZ “On Electronic Digital Signature”, by his order the manager appoints an authorized representative, of which he must notify the Pension Fund Office by submitting a copy of the order granting the owner of the key certificate the right to sign the submitted documents established by Federal Law dated 04/01/1996 N 27-FZ, the Instruction on the procedure for maintaining individual (personalized) records of information about insured persons for the purposes of state pension insurance, approved by Decree of the Government of the Russian Federation dated 03/15/1997 N 318, Federal Law of April 30, 2008 N 56-FZ, Federal Law of July 24, 2009 N 212-FZ.
4. Rights and obligations of the parties
4.1. The Pension Fund Management assumes the following rights and responsibilities:
Ensure the functioning of everything necessary for the exchange of electronic documents with the Subscriber of the equipment system on the part of the Pension Fund Management;
If the requirements for transmitted electronic documents change, the Pension Fund of Russia body undertakes to notify the system subscriber about these changes within the time limits established by the laws of the Russian Federation.
In accordance with the requirements of the legislation of the Russian Federation, the Pension Fund of the Russian Federation has the right to unilaterally change the forms and list of transferred documents.
4.2. The system subscriber assumes the following rights and obligations:
Ensure the functioning of all equipment necessary for the exchange of electronic documents with the Pension Fund Management Department on the part of the system subscriber;
Conclude an agreement on the provision of services for the production and certification of encryption keys and digital signatures for the System Subscriber with one of the CA service providers, a list of which is provided to the System Subscriber by the territorial bodies of the Pension Fund of Russia.
At the same time, in order to ensure the security of processing and confidentiality of information, the System Subscriber must:
Comply with the requirements of operational documentation for cryptographic information protection means;
Prevent the appearance in the computer environment where the System operates of computer viruses and programs aimed at its destruction. If malicious code is detected in an electronic document received from a System Subscriber, the reception is blocked and a notification is issued to the System Subscriber;
Stop using the compromised encryption key and electronic digital signature and immediately inform the Pension Fund Office and the service provider of the CA, CIPF, software product for providing information about insured persons to the Pension Fund body via telecommunication channels, with which an agreement on the provision of services has been concluded, about the fact of the key being compromised;
Do not destroy and (or) modify archives of public keys of electronic digital signatures, electronic documents (including electronic receipts and journals);
Transmit electronic documents containing confidential information only in encrypted form.
4.3. If it is impossible to fulfill obligations under this Agreement, the parties shall immediately notify each other of the suspension of obligations.
4.4. If disputes arise related to the acceptance or non-acceptance and (or) execution or non-execution of an electronic document, the parties are obliged to comply with the procedure for reconciling disagreements in accordance with the Procedure for the exchange of electronic documents in the Pension Fund's EDMS via telecommunication channels.
5. Responsibility of the parties
5.1. The parties are responsible for the use of information in accordance with the legislation of the Russian Federation.
5.2. The Pension Fund Office is not responsible for damage resulting from the Subscriber’s failure to comply with the system of requirements when providing information about insured persons to the Pension Fund of the Russian Federation via telecommunication channels in terms of untimely notification of the compromise of the Subscriber’s EDS keys.
5.3. The system subscriber is responsible for the safety of the system software, archives of public key certificates of electronic digital signatures and electronic documents located on their computers.
5.4. If one of the parties makes a claim to the other party regarding an electronic document if there is confirmation by the other party of the fact of receipt of such a document, and the other party cannot submit the disputed electronic document, the party that did not submit the disputed document is considered guilty.
5.5. The party interacting with the Pension Fund, in accordance with the Instructions on organizing and ensuring the security of information with limited access, approved by FAPSI Order No. 152 dated June 13, 2001, carries out, within the framework of this Agreement, the instructions of the coordinating body for cryptographic protection - the Pension Fund Department for ensuring the security of information interaction using cryptographic information protection.
6. Procedure for changing encryption keys and electronic digital signatures
The procedure for issuing, replacing, destroying keys, including in cases of their compromise or exchange public keys determined by the CA service provider, CIPF.
7. Duration of the Agreement
7.1. This Agreement comes into force from the moment it is signed by the parties and is concluded for an indefinite period.
7.2. If the exchange of electronic documents between the parties ceases within 36 months, the Agreement terminates automatically.
7.3. If one of the parties violates the obligations under this Agreement, the other party has the right to unilaterally terminate this Agreement by notifying the other party in writing within 30 (thirty) calendar days.
7.4. If one of the parties intends to terminate the Agreement unilaterally, it is necessary to notify the other party of this at least 30 calendar days in advance.
8. Additional terms
8.1. This Agreement is drawn up in two copies, each of which has equal legal force.
8.2. I have read and agree with the requirements of the Procedure for providing information about insured persons to the territorial departments of the Pension Fund Branch via telecommunication channels posted on the website.
Electronic document management is a modern developing system data exchange. Its main advantages:
- Provided high accuracy and reliability of accounting and control of the flow of documentation. Confidentiality is guaranteed when transferring data.
- Reporting can be sent at any time, regardless of the time of day, holidays and weekends. The only condition is that it be sent from the insured’s workplace.
- The system provides the ability to repeatedly quickly correct errors that were detected by the Pension Fund of Russia in the submitted reports.
- There is no need for an enterprise accountant to visit the Pension Fund of Russia.
- After sending the report, the policyholder is sent information about the results of its receipt in electronic form.
- An enterprise can create an electronic archive of all documents from the Pension Fund, which is much more convenient than paper formats.
- The time for submitting documents is significantly reduced.
Information that is transmitted via telecommunication channels and submitted to the Pension Fund is confidential. It is prepared, transmitted and processed in accordance with current legislation on the protection of personal data. In order to send a report to the Pension Fund, one electronic signature (ES) is required - that of the head of the enterprise. Only the owner of the digital signature has the right to use it.
Exchange of informal documents
The use of telecommunication channels allows you not only to submit reports, but also to exchange informal letters in the form of attachments with an electronic signature. The service for informal document flow with the Pension Fund of the Russian Federation is called “PFR Letters”. It allows you to conduct correspondence of legal significance in electronic format.
Procedure for concluding an agreement on electronic document management with the Pension Fund of Russia
To sign an agreement on the exchange of documents in electronic format with the Pension Fund of the Russian Federation, the organization must prepare the following package of papers:
- Application to the Pension Fund for connection to reporting in electronic form. This document must be drawn up in triplicate.
- Agreement on e-document flow on a 2018 form. The form can be downloaded from the official website of the Pension Fund. The agreement must be drawn up in two copies. One should be kept by the applicant company, and the second remains in the Pension Fund.
- Power of attorney in case the documents are drawn up not by the manager, but by another specialist (chief accountant, lawyer). This paper is drawn up in free form and must be certified by the signature of management and the seal of the company.
The specified documents are transferred to the PFR unit located at the location of the organization. The specialist responsible for organizing the exchange of electronic documents must accept the entire package of documentation and register it. A representative of the organization immediately receives information about the date and number of the agreement, which can subsequently be used when transmitting reports. The original agreement is issued later - after it is signed by the second party (PFR).
In addition to the above documents, in order to organize the exchange of electronic documents with the Pension Fund, it is necessary:
- install software that corresponds to the optimal organization of electronic document management;
- enter into an agreement with a certification center for the generation and support of key certificates electronic signature;
- appoint a responsible executor for signing an agreement on the exchange of electronic documents with the Pension Fund and for further ensuring correct document flow.
Today, employers whose average number of employees is more than 25 people are required to submit reports in electronic format. But the fund welcomes the initiative to connect electronic document management with the Pension Fund and from other companies and individual entrepreneurs, regardless of the number of employees.
Filling out an application for connection to reporting
An application for connection to electronic reporting with the Pension Fund must be filled out only after selecting an authorized representative or center for providing data exchange services. This condition is mandatory, since the agreement must contain information about this company. In addition, you must provide the following information:
- name, INN and OGRN of the enterprise, address of its registration and actual location;
- registration number with the Pension Fund;
- bank account details;
- average number of employees;
- information about the telecom operator, etc.
Sometimes the application form is filled out by specialists of the selected EDF operator after signing an agreement on the provision of electronic document management services. The document includes two sections: for legal entities and for individual entrepreneurs.
How to draw up an agreement on e-document flow
The form of agreement on electronic document management with the Pension Fund can be downloaded on the official website of the Pension Fund. In addition, the form can be obtained from the territorial division of the fund at the location of the organization. When filling out the agreement, you should carefully indicate all required information. If errors are discovered, Pension Fund specialists will be forced to return the document for revision and postpone the connection deadline.
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If the employer is obliged or wishes to report to the Pension Fund in electronic format, he should enter into an agreement on electronic document management with the fund. To do this, you need to select an operator - a software supplier and submit a package of documents to the Pension Fund. Agreement forms and applications for connection to the electronic document flow of the Pension Fund can be downloaded on the official website of the fund.
In order to submit reports to the Pension Fund of Russia, it is not necessary to visit the department. Documents can be generated electronically, signed with an enhanced qualified electronic signature, and sent via TKS to the Pension Fund of the Russian Federation. Believe me, it is fast, convenient and reliable. And the risk of errors is reduced to a minimum.
Today, the mandatory procedure for submitting reports electronically applies to employers with average number employees more than 25 people. However, the Pension Fund is interested in switching to electronic information exchange with all organizations and individual entrepreneurs regardless of their numbers.
The Taxcom e-document flow operator can connect electronic document flow with the Pension Fund on the day you indicated in the application, provided that:
- there is enough in your account Money to pay for all ordered periodic services;
- your tariff plan allows you to connect the exchange direction with the Pension Fund.
The certificate is registered with the Pension Fund within 3 working days from the moment the service is activated. And then it gets set up software. If you are using the system
For electronic document management with the Pension Fund of Russia, you need to write an application and conclude a corresponding agreement with the Pension Fund on document flow. The sample can be downloaded for free via a direct link on the page
Electronic document flow with the Pension Fund of the Russian Federation is the future of legal relations in all spheres of society in Moscow and other metropolitan areas of the country. Walking through authorities with a mountain of heavy paper, bureaucratic chains, queues last century. The simplicity of online document flow displaces established traditions and allows functions to be produced faster and more efficiently. Convenience lies in the absence of the need to personally visit the Pension Fund branch. To submit reports electronically, subscribers need to write an application and enter into an appropriate agreement with the Pension Fund of the Russian Federation on document flow at the place of registration of the enterprise. A sample application and agreement to the Pension Fund for electronic mutual work can be downloaded for free on the page using direct links.
The most popular information about electronic document management can be found in regulations listed in the subject of the agreement. The Russian practice of introducing new products in office work requires its participants to initially visit the organization in order to educate them about further work with the programs. Further remote ability to exchange documentation with government agency online will save much more time, nerves and paperwork.
Mandatory clauses of the agreement with the Pension Fund on electronic document management
:- Title of the document, number, date and place of its preparation;
- Subject of the contract with detailed interpretation functioning of the process between the parties;
- Technical conditions and information exchange procedure;
- Rights and obligations, liability of the parties, duration of the contract and other conditions;
- Below, participants traditionally endorse the agreement with signatures and seals.
- Files of the established format are generated;
- Next, the Pension Fund program checks the correctness of their formation;
- If there are errors, adjustments are required;
- There is a mandatory virus scan;
- Then the reports are signed by an authorized person using an electronic digital signature and sent to the Pension Fund;
- The Pension Fund body sends a response confirmation of receipt;
- If the reception result is negative, the subscriber receives a notification of refusal with justification of the reasons;
- As a result, it is required new pitch documents;
- If there are no questions about the package of documents, they are accepted and saved, and a notification is sent;
- All failures arising in the operation of electronic document management are regulated by the legislation on electronic document management and the agreement concluded between the parties.
Violation of deadlines (of course, after the reasons have been clarified) entails liability as provided for by law. It is best to begin actions to submit materials in advance, and not on the last day, and eliminate the risk of penalties.
I continue the series of publications of answers to questions as part of the campaign.
I am an entrepreneur, I decided to submit reports via the Internet, and I was faced with the fact that the system asks me for “the date and number of the agreement with the Pension Fund.” What kind of agreement is this and how to conclude it? Why can I submit reports to the tax office and the Social Insurance Fund without any contracts?
I’ll start, perhaps, with an answer to the second question, which is rather of a general philosophical nature and relates to rhetorical ones. Yes, the system is such that no additional actions are required to submit reports to the Federal Tax Service and the Social Insurance Fund; connecting to any electronic document management system is sufficient. Why everything is wrong with the Pension Fund, I cannot answer, however, I can tell you that the regulations for the interaction of the Pension Fund with policyholders (i.e. employers, payers of contributions for compulsory pension insurance its employees) is approved (the document is now in effect as amended by order No. 116r dated 10.06.2009, No. 75r dated 19.03.2010), and it is directly stated that electronic document flow between the Pension Fund and the policyholder is carried out on the basis of the corresponding agreements, the standard form of the agreement was approved by the same order.
How to conclude an agreement?
The easiest way is to download a standard form from the Pension Fund website, fill it out, print it, certify it with the signature of an authorized person, affix a stamp and bring two copies to the Pension Fund office at the place of registration of the entrepreneur (or the location of the organization).
The inspector responsible for organizing electronic document management accepts both copies of the agreement from you, registers it in his own special journal and immediately gives you the date and number of the agreement, which you can use when submitting reports. The agreement itself, signed by the Pension Fund, is issued a little later, but this is no longer important; I do not remember a single case in practice where the policyholder would need his copy of the Agreement. The main thing for you is to receive the date and number of the agreement, and you receive them immediately.
ADDED: After publication, two useful comments were received from my friends, which I considered necessary to reflect in this article.
Firstly, a comment from technical specialist Alexander Kolybelnikov, answering the question “Why is such a procedure provided only for the Pension Fund of Russia.”
...because reporting is submitted to the tax and Social Insurance Fund using certified electronic signature tools, but not to the Pension Fund. These are the features technical solution, they affect the legal significance of document flow.
To be honest, as someone uninitiated in these technical details The differences are not very clear to the user, and I directly indicated in the comments that I do not notice the difference, I did not receive any additional keys for submitting reports to the Pension Fund of Russia, I personally have only one access to the “Kontur” system and no additional keys. But if technical regulations It’s different for different departments, let’s face it, we just need to take note of this and implement it. Separately, I would like to draw your attention to the fact that if anyone wants to understand the technical procedures in detail, I will direct you to Alexander (by clicking on the link above, you will find both the text of his comment and his profile), he promised to tell something else on this topic, so how he deals with these issues professionally.
And the second important addition from Marina Mishukova, it concerns the practice of drawing up an agreement:
Unfortunately, in Moscow and the Moscow region you need to take the agreement from your UPFR (you can write it on a flash drive). In the standard agreement, Fund employees would have to personally enter the details of their UPFR, but in “their” version this data is already printed.
Taking into account this comment, apparently there is no point in printing out the text of the agreement yourself, but you need to go directly to the Pension Fund, and there either - to speed up the procedure - fill out the agreement by hand with your details, or take the electronic version from them, fill it out yourself and then print it out - bring.
Thanks to my dear commenting friends. I really appreciate any participation in my activities.
