People's Republic of China promulgated by Decree No. 649, are hereby promulgated interim regulations on social assistance since May 1, 2014.
Prime Minister Li keqiang February 21, 2014 chapter I General provisions article in order to strengthen social assistance, guaranteeing citizens ' basic life, promote social justice, maintaining social harmony and stability, according to the Constitution, these measures are formulated.
Second line of social relief system adhere to the backing, emergency, sustainable, dovetailed with the social security system, social assistance levels commensurate with the level of economic and social development.
Social relief work should follow the principle of open, fair, impartial, and timely. Third District Department of the State Council the national social assistance system.
State Civil Affairs, health and family planning, education, housing and urban-rural development, human resources and Social Security Department, responsible for social assistance in accordance with their respective responsibilities and administration.
Local people's Governments at or above the county level for home, health and family planning, education, housing and urban-rural development, human resources and social security sectors, according to their respective duties responsible for the administration of social assistance management.
Administration set out in the preceding two paragraphs referred to social assistance administration.
Article fourth Township people's Government, the subdistrict office responsibility for social assistance application processing, investigation and audit, specific work borne by the agency or the person in charge of social assistance.
Villagers ' committees and residents ' Committee responsible for work related to social assistance.
Fifth people's Governments above the county level shall incorporate social assistance into national economic and social development planning, establishing and improving the leadership, civil affairs departments, the authorities and social forces involved in the social assistance coordination mechanisms, improve the social guarantee mechanism of relief funds, materials, the Government's social assistance arrangements funding and social aid funds in the budget. Social assistance funds to undertake project management and revenue accounting, earmarks, no unit or individual shall not be misappropriated.
Payment of social assistance funds, in accordance with the relevant provisions of the Treasury management.
Sixth people's Governments above the county level shall, in accordance with unified plans the establishment of management information system of social assistance, social assistance information interconnection, sharing of resources.
Article seventh State shall encourage and support social forces to participate in social assistance.
Article eighth made outstanding achievements in social relief work units and individuals, in accordance with the relevant provisions of the State giving commendations and awards.
Chapter II minimum living guarantee Nineth States for family members to live together per capita income lower than the local minimum living standard and meet the requirements of local subsistence family wealth family, of minimum life guarantee.
Tenth the minimum living standard, consists of province, autonomous region, municipality or municipal district people's Government in accordance with the cost of life of local residents identify, publish, and according to the level of local economic and social development and adjustment of price changes.
Minimum living guarantee measures of family income status, property status, by provinces, autonomous regions, municipalities or districts, the municipal people's Government in accordance with the relevant provisions of the State.
Section 11th for subsistence, in accordance with the following procedures shall be followed: (a) by members of the family to live together to the domicile of the Township people's Government, the subdistrict office a written application; family member have difficulty may be entrusted with villagers ' committees and residents ' Committee on whose behalf the application.
(B) in township people's Governments and neighborhood offices shall be conducted through household surveys, neighbourhood visits, letters, certificates, masses, information verification, an investigation of the applicant's family income status, property status verification, preliminary views put forward, in the applicant's home village, community publicity reported to the County Civil Affairs Department for approval.
(C) the County Civil Affairs Department, upon examination, to meet the conditions of approval, and in the applicant's home village, a community publication; do not meet the conditions of a refused to the applicant in writing and state the reasons.
12th approved minimum living guarantee of the family, the County Civil Affairs Department in accordance with the family members to live together the difference between the per capita income is below the local minimum living standard, issued monthly subsistence payment.
Still difficult after obtaining the minimum living standard security life of the elderly, minors, severely disabled and seriously ill patients, local people's Governments at or above the county level shall take the necessary measures to give protection.
13th subsistence of the family demographics, changes in income, property status, shall timely inform the Township people's Governments and neighborhood offices.
County Civil Affairs Department and the Township people's Governments, neighborhood offices shall receive subsistence family demographics, income, status, property status, periodic verification.
Subsistence family demographics, changes in income, property status, County Civil Affairs Department shall promptly decided to issue, reduction or suspension of minimum life guarantee gold decided suspension of minimum life guarantee payments, and shall state the reasons in writing.
Chapter SHC staff provide for 14th State without the ability to work, no source and no legal support, support, support obligations, or its legal support, maintenance, maintenance obligations, no maintenance, upbringing, the ability of the elderly, the disabled and minors under 16 years of age, poor staff support.
15th poor people provide content, including: (a) the provision of basic living conditions, (ii) unable to take care of giving care and (iii) providing treatment; (d) for a funeral matters.
SHC staff to support standards, by provinces, autonomous regions, municipalities or districts determined and promulgated by the municipal governments.
Poor personnel shall provide for urban and rural residents with basic endowment insurance, basic medical insurance, subsistence allowances, orphan links up basic life security system.
Article 16th SHC staff support, of which I am writing to the domicile of the Township people's Government, the subdistrict Office applications; I hereby apply for hardship, villagers ' committees and residents ' Committee on whose behalf the application can delegate.
Poor people dependent on approval procedures these procedures apply to article 11th.
Article 17th Township people's Governments and neighborhood offices shall give timely grasp the living conditions of the residents, found that personnel eligible for special hardship case dependent, shall take the initiative to handle support for the law.
18th special hardship case dependent person no longer meets the conditions for support, villagers ' committees and residents ' Committee or the support services, neighborhood offices shall advise the Township people's Government, by the township government, neighborhood offices audited and submitted to the approval of the County Civil Affairs Department, end support and publicity. 19th special hardship case dependent persons can be in the local support services concentrated or dispersed support at home.
Special hardship case dependent persons may choose to support.
The fourth chapter of the affected persons relief 20th State shall establish and improve the natural disaster relief system, basic living persons seriously affected by natural disasters, providing living assistance.
Natural disaster relief implementation of territorial management, hierarchical accountability.
21st District of city-level people's Governments and disaster-prone, prone areas of county-level people's Governments shall, in accordance with the characteristics of natural disaster, population size and distribution of the population, and so on, establishment of a natural disaster relief material reserves Agency to guarantee supply of emergency aid after natural disasters.
22nd following a natural disaster, above the county level or comprehensive coordination of natural disaster relief emergency response agencies of the people's Government shall, in accordance with the emergency evacuation, transfer, resettlement of affected people, in time for the affected staff to provide necessary food, drinking water, clothing, heating, shelter, medical and epidemic prevention and other emergency aid.
Article 23rd situation stabilizes, and approved by the people's Governments above the county level shall assess, in the affected areas post natural disaster losses.
24th people's Governments in the affected areas should be on the premise of ensuring security, the transitional settlement House was severely damaged by the affected persons.
25th after the danger of natural disasters, government departments such as the home of the affected areas should be verified within the administrative area of the residential rehabilitation assistance in a timely manner, and to give financial and material assistance.
Article 26th after natural disasters, people's Governments in the affected areas as a result of the year winter or next year chunhuang is experiencing hardship provide basic living assistance for the affected people.
The fifth chapter 27th State shall establish and improve the medical assistance system of medical aid, guaranteeing medical assistance have access to basic medical and health services.
28th the following persons can apply for medical assistance: (a) the minimum living family members, (ii) special hardship case dependent persons; (c) other special people of the people's Governments above the county level.
29th medical aid in the following ways: (a) to rescue objects to participate in urban resident basic medical insurance or the personal contributions of new-style rural cooperative medical care and subsidies, (ii) on bailouts by basic medical insurance, sickness insurance and supplementary medical insurance after paying, in conformity with the provisions of the individuals and their families cannot afford basic medical care at his own expense, and subsidies.
Standards of medical aid, the people's Governments above the county level in accordance with economic and social development level and Medicaid funding to identify, release. Article 30th medical aid shall be submitted to the Township people's Governments and neighborhood offices through after audits, public, approved by the County Civil Affairs Department.
Minimum living family members and officials of the special hardship case dependent medical assistance, directly by the County Civil Affairs Department for processing.
31st people's Governments above the county level shall establish and improve medical assistance dovetailed with the basic medical insurance, insurance of medical expenses clearing facility, provide convenient services for Medicaid. 32nd national disease emergency relief system in need of first aid but the identity is unknown or unable to pay the cost of emergency patients with acute severe injury to help.
Eligible diseases emergency aid Fund and pay first aid.
Diseases emergency aid system should be dovetailed with other health care system.
Sixth chapter educational assistance 33rd State on compulsory school attendance minimum living family members, poor support staff educational assistance.
In upper secondary education (including vocational), higher stage school subsistence family members, poor support personnel, and could not go to school to receive compulsory education for disabled children, according to the actual situation of proper educational assistance.
Article 34th education aid according to the different stages of education needs relief-related fees, grants, providing a living allowance and providing arrangements for implementation to ensure basic learning, educational assistance needs.
35th educational assistance standards, by Governments of provinces, autonomous regions and municipalities in accordance with economic and social development levels and educational assistance of fundamental study, needs identification, announced.
Article 36th application for educational assistance, should be presented to the school in accordance with the relevant provisions of the State, according to prescribed procedures review, confirm, implemented by the school in accordance with the relevant provisions of the State.
The seventh chapter housing bailout 37th state to comply with the required standards of the housing difficulties of subsistence families, separately supply of poor people given housing assistance.
Article 38th housing assistance through rent of public rental housing, housing rental subsidies, renovate rural manner.
39th housing standard and rescue standards by local people's Governments at or above the county level in accordance with economic and social development in their respective administrative areas level, factors such as housing prices, publish.
40th urban families to apply for housing assistance, should be among the Township people's Governments and neighborhood Office or directly to the County Housing Department, the County Civil Affairs Department of family income, assets and family housing conditions of housing security departments and the people's Governments at the county level after the announcement, to eligible applicants, guaranteed by housing security departments to give priority to the people's Governments at the county level.
Rural families to apply for housing assistance, in accordance with the relevant provisions of the people's Governments above the county level.
41st people's Governments at various levels in accordance with State regulations, through financial investment, land supply and other measures for the implementation of housing assistance to provide security.
Eighth chapter employment assistance in the 42nd State for subsistence of the family members with the ability to work and unemployed, through loan interest subsidies, social insurance benefits, post allowances, training subsidies, cost reduction, public job placement measures, given that help.
43rd lowest living security of the family members with the ability to work are unemployed, local people's Governments at or above the county level should take targeted measures to ensure that the family has at least one job.
Section 44th for employment assistance shall be made to the residential streets, community public employment service agencies, public employment services verification registration, and provided free employment information, employment services and employment agencies, vocational guidance.
Article 45th lowest life guarantee in the family is able to work but unemployed members, shall be subject to relevant departments such as human resources and social security work without justification, 3 times in a row refused to accept the introduction of the health, labor and other suitable work, the County Civil Affairs Department should decide to reduce or cease their subsistence benefits.
Article 46th targets employment aid employers, in accordance with the relevant provisions of the State social insurance benefits, tax incentives, small secured loans employment policies.
Nineth interim relief 47th State on fire, traffic accidents and other accidents, sudden major illness of family members and other reasons, led to serious problems in basic temporary family or due to sudden increase in living expenses beyond the families of means, leading to serious problems in basic temporary subsistence families, and families encounter special difficulties, granting interim relief. 48th applied for interim relief shall be submitted to the Township people's Governments and neighborhood offices through after audits, public, approved by the County Civil Affairs Department; rescue smaller, the County Civil Affairs Department may authorize the Township people's Government, the subdistrict office approval.
The urgency of the situation, you can simplify examination and approval procedures in accordance with regulations.
49th interim relief matters, standard, determined by the local people's Governments at or above the county level, publication.
50th state with no homeless, begging officers to provide temporary accommodation, food, emergency treatment, assistance in relief. 51st public security organs and other relevant administrative organs found in the performance of staff wandering, begging officers should be advised to aid management agencies for help.
For disabled persons, minors, the elderly and other people with reduced mobility, shall guide and escort to relief management agency; the sudden medical emergency personnel, it shall immediately notify the emergency agency for treatment.
The tenth chapter of social forces participating in 52nd State encourages units and individuals and other social forces through donations, helping set up the project, starting services, volunteer services, participation in social assistance.
53rd social forces to participate in social assistance, in accordance with the relevant regulations of the State financial subsidies, such as tax incentives, fee waiver policy.
54th local people's Governments above the county level through social assistance in the specific services can be commissioned, Contracting and procurement and other ways to buy services from social forces.
55th local people's Governments at or above the county level should play a social work services and social workers, for social assistance to provide for social inclusion, improvement, psychological counseling and other professional services.
56th social aid management departments and related agencies should establish mechanisms and channels of social participation in social assistance, providing social relief projects, needs, creating the conditions for social forces to participate in social assistance, facilitation.
The 11th chapter regulatory 57th administrative departments of people's Governments above the county level and social assistance shall strengthen the supervision and inspection of social relief work, improve related supervision and management system.
Article 58th families applied for or received social assistance shall be in accordance with the provisions faithfully report family income status, property status.
Civil Affairs Department under the people's Governments above the county level application or obtain social assistance, commissioned at the request of the family, through household registration, taxation, social insurance, real estate, industrial and commercial registration, housing Provident Fund management, travel management, and financial institutions such as banks, insurance, securities, queries, checking their family income status, property status; shall cooperate with authorities and financial institutions.
Civil affairs departments above the county level people's Governments shall establish application and have access to social assistance family economic status information check the platform, provide the basis for the examination and determination of object of social assistance. 59th people's Governments above the county level social assistance management, neighborhood offices and township people's Government in the course of social relief and assistance in the discharge of their duties, can read, record, copy and information relating to social assistance matters, ask relevant units and individuals in social assistance matters, request its relevant description of the situation, providing related proof materials.
Relevant units and individuals shall provide truthful information. 60th applying for social assistance, should be submitted in accordance with these regulations; management of social assistance applicant is difficult to determine, first to the social assistance agency or the County Civil Affairs Department for help.
Social assistance agencies or the County Civil Affairs Department after receiving the help, should be handled in a timely manner or to other social assistance Management Department.
Township people's Governments and subdistrict offices should establish a unified window for accepting applications for social assistance, reception, transfer applications in a timely manner.
61st to discharge the responsibilities of the social assistance staff in the administration of social assistance a citizen's personal information except in accordance with the provisions of public information, should be kept confidential.
62nd administrative departments of people's Governments above the county level and social assistance shall through the press, radio, television, the Internet and other media to promote social assistance laws, regulations, and policies.
Administrative departments of people's Governments at the county level and their social assistance shall, through public access, obtain information, information bulletin board accessible to the public, such as ways of knowing, timely public community management and use of relief funds, materials and so on, subject to public supervision.
63rd discharge the responsibilities of the social assistance staff member's terms of reference, should be subject to public supervision. All units and individuals have the right to discharge the responsibilities of the social assistance staff in social relief work in violation reports, complaints.
Receiving the organ shall promptly verify reports, complaints, processing.
64th financial Department of the people's Governments above the county level, the audit authority in accordance with the social assistance funds, material mobilization monitor, distribution, management, and use.
65th families applied for or received social assistance or workers, specific to the management of social assistance of administrative acts, may apply for administrative reconsideration or bring an administrative suit.
12th chapter legal responsibility 66th article violation this approach provides, has following case one of of, by superior administrative organ or monitored organ ordered corrected; on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) on meet application conditions of rescue application not accepted of; (ii) on meet rescue conditions of rescue application not approved of; (three) on not meet rescue conditions of rescue application be approved of; (four) leaked in work in the knows of citizens personal information, caused consequences of;
(V) loss, tampering, receiving social relief funds and goods, service records and other data, and (vi) not in accordance with the provisions of social assistance funds, goods or services; (g) in the course of social relief and assistance in the discharge of their duties with other abuse their powers, neglect their duties, engages in behavior.
67th article violates these rules, interception, squeeze, misappropriating, privately divide social relief funds, materials, be ordered by the authorities to recover; has illegally obtained, confiscation of illegal income; directly responsible in charge and other direct liable persons shall be given administrative sanctions.
68th misrepresentation, concealment, falsification and other means to obtain social relief funds, goods or services, by the decision to cease social assistance, ordered to return illegally acquired funds, materials, may be illegal to get bailout sum or fined not more than material value more than 1 time 3 times; activities contravening public security management, shall be subject to administrative penalties for public security.
69th in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.
13th chapter by-laws 70th these measures come into force May 1, 2014. (Xinhua News Agency, Beijing, February 27)
