Ministry Of Civil Affairs On The Amendment Of The Decision Of The Management Of Disability

Original Language Title: 民政部关于修改《伤残抚恤管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393580.shtml

Ministry of Civil Affairs on the amendment of the decision of the management of disability

    (Released July 5, 2013, the Ministry of Civil Affairs, the 50th since the announcement of the date of promulgation) Ministry decided on the management of disability as follows:

    Seventh, fourth, eighth in the second paragraph of article "under the servicemen's pension benefits Ordinance 23rd paragraph (c)" is amended as "24th under the servicemen's pension benefits Ordinance, paragraph (c)."

    This decision shall come into force as of the date of.

    The management of disability adjusted according to this decision, republished.

    Attachment: disability management 2013 (revised) (released on July 31, 2007, the Ministry of Civil Affairs, the 34th July 5, 2013, the Ministry of civil affairs 50th release come into force on the date of promulgation of the Ministry of Civil Affairs on amendment of decision amended the disability management practices)

    Chapter I General provisions

    First in order to standardize and strengthen the disability civil administration under the servicemen's pension benefits Ordinance and regulations, these measures are formulated.

    Second approach applicable to Chinese citizens of the following:

    (A) in service during the war disabled and demobilized soldiers, in assessing levels of disabilities due to illness during military service discharged disabled soldiers;

    (B) when due to war injuries prepared for the administration of the people's police;

    (C) due to war related injuries incurred when the civil service as well as references to the People's Republic of China Law on civil service management functionaries;

    (D) because of the war, taking part in military exercises, military training and carrying out military duties for reservists who have disabilities, militia, migrant workers and other personnel;

    (E) to safeguard the social security fight criminals disabled persons;

    (Vi) for the rescue and protection of State property, lives and property of the people disabled persons;

    (G) legal and administrative regulations should be other persons by the Home Department is responsible for disability.

    Listed in the preceding paragraph (iv), (v) and (vi) personnel, according to the work-related injury insurance Ordinance shall be identified depending on the injury, not to proceed with war, due to disability. Article III disability work should follow the principle of openness, fairness and justice.

    Evaluation of residual procedures relating to civil affairs departments should publicize the people's Governments at the county level and pension standards.

    Chapter II disability grading

    Fourth grade with disabilities include the new assessment levels of disabilities and go through assessing disability levels, adjust levels of disabilities. New assessment levels of disabilities refers to the first paragraph of article (a) other staff cognizance of war due to the public nature of disability, assessed levels of disabilities. Go through assessing levels of disabilities refers to active-duty soldiers for war-disabled for the public unable to assess levels of disabilities in a timely manner, discharged in accordance with the military provisions of the pension benefits Ordinance, found public properties, assessed levels of disabilities.

    Adjust levels of disabilities is to have assessed levels of disabilities, disability and disability level differs markedly from adjusting as assessed by disability rating.

    Disability level of a new assessment, the applicant shall in war wounded or diagnosis and appraisal of occupational disease applies within 3 years.

    Five applicants (mentally ill by its stakeholders) for assessing levels of disabilities, shall apply in writing to the unit; no, the residence is located the street or township Governments apply in writing.

    With original parts adjusted levels of disabilities of disability, can be directly applied to the domicile County Civil Affairs Department.

    Article the applicant organization or street or township Governments assessed levels of disabilities upon application issue a written opinion, together with my dossier, written application and my recent two-inch color photos, and submit the domicile of the County Civil Affairs Department in conjunction with the review.

    Apply for a new evaluation of levels of disabilities should be submitted after the end of disability and proven medical diagnosis.

    Applying for assessing levels of disabilities shall submit the disability file for the public record or the original medical certificate. Adjusted levels of disabilities, shall submit the original proof of the assessed levels of disabilities, and I think the disability obviously inconsistent with the original disability levels of medical diagnosis.

    Civil affairs departments need to adjust the level, reasons for adjustments should be made, and notice to the designated medical institutions for identification of disability.

    Seventh check County civil affairs departments to submit relevant material, admissible to issue notice of acceptance; materials or materials do not comply with the statutory format, it shall inform the parties of the supplementary material. County Government home sector by review think applicants meet for war for public wounded conditions of, should fill in evaluation, and adjustment disability grade approval table, and in accepted of day up 20 a days within, notification I to set district of City Government or administrative office above home sector specified of medical health institutions, on belongs to for war for public led to of disability situation for identification, by medical health experts group according to soldiers disability grade evaluation standard, issued disability grade medical identification views.

    Disability identification of occupational diseases specified by the provincial Department of Civil Affairs of the qualification of occupational-disease medical institution; psychiatric disability identification specified by the provincial Department of Civil Affairs of b-level psychiatric hospital.

    County Civil Affairs Department based on medical disability rating issued by the medical expert opinion from the Panel of experts on the development of disability of the applicant, in the assessment, adjust the grade form, signed, sealed, along with the other application materials and receipt of health expert group within 20 working days from the date of signing, be submitted to the District Home Department or administrative office of the municipal Civil Affairs Department. Article II, paragraph (a) who, upon examination do not meet the conditions for war wounded, or identified by the Panel of medical experts not to evaluate or adjust the level of disability, the County Civil Affairs Department under the servicemen's pension benefits Ordinance 24th article (c) provisions of escalation the provincial Civil Affairs Department.

    On second article first paragraph subsection (a) items yiwai of personnel, by review think not meet for war for public wounded conditions of, or by medical health experts group identification up not to evaluation or adjustment disability grade standard of, County Government home sector should fill in not evaluation, and adjustment disability grade decided book, together with medical health experts group issued of disability grade medical identification views (copies) and applicants provides of material, returned applicants.

    Eighth District municipal Civil Affairs Department or administrative office of the Ministry of civil affairs departments to submit materials for review, in the assessment, adjust the grade form, signed and sealed. To qualify, within 20 working days from the date of receipt of materials, these materials submitted to the provincial Civil Affairs Department.

    On not meet conditions of, belongs to second article first paragraph subsection (a) items personnel, according to soldiers pension preferential treatment Ordinance 24th article first paragraph subsection (three) items of provides reported provincial government home sector; belongs to second article first paragraph subsection (a) items yiwai of personnel, fill in not evaluation, and adjustment disability grade decided book, together with medical health experts group issued of disability grade medical identification views (copies) and applicants provides of material, step by step returned applicants. Nineth provincial people's Government, the Ministry of civil affairs departments to submit material for examination and then considered eligible step by step inform County civil affairs sector the applicant's evaluation of residual publicity. Publicity should include time, place, cause of disability, disability (privacy or private not public) and develop levels of disabilities and Home Department contact information. Publicity should be carried out at the work location or residence of the applicant, not less than 7 business days.

    County Civil Affairs Department shall verify the public feedback in the comments and signing, escalating provincial civil affairs departments for adjusting levels I hold a certificate for the disabled should be reported together. Provincial civil affairs departments shall verify the views of the public, in the assessment, adjust the grade form sign of approval, under seal. To qualify, by the Home Department for permits for the disabled (adjust the level, changes in documents to fill out a new level), together with the medical grade issued by the medical expert opinion from the Panel of experts (copy), step by step within 60 working days from the date of receipt of the material issued to the applicant.

    Does not meet the criteria, assessed by the civil affairs departments fill out the no decision, adjust the grade book, together with medical disability rating issued by the medical expert opinion from the Panel of experts (copy) and the information provided by the applicant, within 60 working days from the date of receipt of materials gradually returned to the applicant.

    Article the applicant to disability or health in the Ministry of civil affairs sector Expert Panel disagrees with the medical expert opinion, can be specified to the provincial Department of Civil Affairs of the health institution for identification.

    Provincial civil affairs departments to set up a panel of medical experts, the circumstances and level of disability should be assessed in the evaluation of disability.

    11th disabled soldiers, police, civil servants and the reference of the People's Republic of China Law on civil service management functionaries and others different disabled multiple times, civil affairs departments in the above order will be issued only to a document, and disability documents second disability area in the change bar time and nature, and after a joint assessment of the residual level and nature. Disability sites cannot be combined evaluation of residual, residual first for each of the various parts.

    Class, high grade; two or more identical, can only be promoted one level. Many of disability nature of disability, to rank qualitative.

    Same level, due to war, business, order of qualitative because of illness.

    Chapter III disability documents and archives management

    12th issuance of disability certificates type:

    (A) veterans in service during the war disabled due to illness, issued a People's Republic of China soldiers with disabilities certificate;

    (B) the police war-disabled for the public, to the People's Republic of China disabled people's police certificate;

    (C) the civil service as well as references to the People's Republic of China Law on civil service management functionaries were disabled for the public, to the People's Republic of China certificate of civil servants with disabilities;

    (D) other staff being disabled for the public, to the People's Republic of China due to war disabled and certificate of. 13th disability documents produced by the Home Department of the State Council.

    Certificate validity: 15 years of age is 5 years, 16-25 10, 26-45 20, 46 years old and above for the long-term. 14th disability certificate expires, or damage, lost, the party concerned shall apply to the County Civil Affairs Department issue a certificate or replacement documents.

    Disability documents missing I newspaper declare it invalid. County Civil Affairs Department review found that meet your criteria, fill out the recertification supplement for approval form for amputees, along with photos escalating provincial Civil Affairs Department. Provincial Ministry of disablement goalkeeper handled new documents step by step through the County Civil Affairs Department issued to the applicant.

    Civil affairs departments at all levels shall, within 20 working days to complete the Department of Civil Affairs of matters necessary for the same level. 15th disabled personnel to Hong Kong, Macao and Taiwan for settlement or go abroad before settling down, by domicile County Civil Affairs Department noted in the change bar changes. Need to issue a new card, the "id" fill in the host country (or Hong Kong, Macao and Taiwan) issuance of residence documents numbers.

    "Domicile" for domestic pension is located.

    16th death of disabled persons, the County Civil Affairs Department shall cancel its disability certificates, and escalating provincial Civil Affairs Department. The 17th Ministry gate to the filing and approval of a variety of materials, disability certificates should be registered.

    Delivery of materials or documents shall be registered or signed by the parties.

    18th County Civil Affairs Department shall establish disability data files, one file, save for a long time.

    The fourth chapter disability transfer 19th disabled military retires or handed over to the Government, must be from the army for the decommissioning procedures, or 60 days after the transfer, to the household moving into the County Civil Affairs Department to apply to transfer to the pension. Civil affairs departments must review, registration, filing.

    Review of materials: certificate of the booklet, and the disabled, the PLA General Logistics Department of the Ministry of health (or border units of the armed police Logistics Department of the Ministry of health, people's armed police Logistics Department, armed police fire station, armed police guards) produced the military disability rating table or the replacement of People's Republic of China Disabled military card application form, proof of retirement certificate or handed over to the Government placing. The County Civil Affairs Department of disabled war veterans with disabilities should be reviewed and related materials and, if necessary, to review identification of disability. Considered eligible, the disabled card step by step and related materials submitted to the provincial Civil Affairs Department. The provincial civil affairs departments to review and correct, military certificate of change in the disability field to fill in the new domicile, again numbered, and stamped with a seal, the disabled military card step by step through the County Civil Affairs Department released to the applicant.

    Civil affairs departments at all levels shall, within 20 working days of matters necessary for completing this level civil affairs departments, such as the review and identification of disability can be extended up to 30 working days. The military disability rating table or the replacement of People's Republic of China disabled permit approval form for documented disabilities obviously inconsistent with the levels of disabilities, the Home Department shall suspend the registration, escalating provincial civil affairs departments notify the original examination and approval organ corrections. Review and identification of disability and the military disability rating table or the replacement of People's Republic of China disabled soldiers recorded in the notification form for the certificate of disability differs markedly from, press review and identification of disability to assess levels of disabilities.

    Forging or altering the disability certificate of military and civil affairs departments to recover the disabled military certificate of registration, and handed over to local public security authorities.

    20th disabled persons across the province, moved out of the County Civil Affairs Department under the disability application and their disability certificates and move into a booklet, disabled file, ingoing to photocopy and the transfer certificate for amputees, sent into the County Civil Affairs Department, and report this information to the provincial Civil Affairs Department. Moved to the County Civil Affairs Department upon receipt of the above materials and disability for disability certificate, escalating provincial Civil Affairs Department. Provincial civil affairs departments to move out to provincial civil affairs departments to verify correct, fill in the disability certificate change bar new domicile, renumber, and stamped with a seal, step by step, through the County Civil Affairs Department released to the applicant.

    Civil affairs departments at all levels shall, within 20 working days to complete the Department of Civil Affairs of matters necessary for the same level.

    Moved out of the Home Department mail disabled files, disability certificates and should be military or local assessment of the residual form or renewal form copy for future reference.

    21st disabled of the provinces, autonomous regions and municipalities within the scope of the migration of the formalities, prescribed by the civil affairs departments of provinces, autonomous regions and municipalities.

    Fifth chapter pension payment 22nd disabled persons was approved by the second month of disability rating, issued by the County Civil Affairs Department in accordance with the provisions of the certificate of incapacity pension.

    Disability pension transfers, pension for that year by the force or move out of the Home Department is responsible for the issue, moved from the second year onwards, civil affairs departments according to the local standards.

    23rd article in domestic offsite (refers to non-issued pension location) live of disability personnel or to Hong Kong, and Macau, and Taiwan settled or abroad settled of China nationality disability personnel, by to County Government home sector application and handle related procedures Hou, its disability pension gold can delegate others generation led, also can delegate home sector mailing to I, and or deposit its specified of financial institutions account, by needed costs by I burden. 24th national disabled persons living in different places each year should be responsible for the payment of the disability pension of the home provides a residence proof of residence issued by the public security organs.

    Did not submit proof of that year, the County Civil Affairs Department after the announcement or notification to their families submitted proof; after 60 days after the notice or notification to their families, disabled persons have not provided proof of residence, starting from the second year suspension of disability benefits. In Hong Kong, Macau, Taiwan permanent residence or of disabled persons settled abroad, Home Department shall inform the parties of the people's Governments at the county level each year to be responsible for payment of the disability pension of the home provided by embassies and consulates or local notary certificate of proof of residence, certificate issued by the local notary public shall be certified by the embassies and consulates. Issued by the notary approved proof of residence from the Mainland in Hong Kong and Macao from the Mainland approved public witnesses or proof of residence issued by the Macao Government notary public, by local notarization institution proof of residence in Taiwan.

    Does not provide such proof of residence in those years, starting from the second year suspension of disability benefits.

    Disabled persons killed in 25th, starting from the second month after the death of suspension of pension.

    Article 26th County Civil Affairs Department according to the court verdict, or arrest warrant issued by the public security organs, has suspended pension disability decision to suspend pensions, and to inform themselves or their families. 27th suspended pensions of disabled persons released from prison and restored political rights or cancel after wanted, upon his own application, and by the Civil Affairs Department reviews eligible, starting from the second month restoration of pensions, the original suspension of pension will not be reissued. For the restoration of pension procedures should provide the following materials: I apply, register, proof of the justice sector.

    Needs to re-registration, in accordance with the regulations have lost a document.

    The sixth chapter supplementary articles

    28th article does not of course come prepared by the police, in accordance with the measures assess grade, their disability pension in accordance with the regulations issued by his employer.

    29th article occurred before the implementation of this approach on the first paragraph of article II (c) "war wounded, as a reference to the People's Republic of China Law on civil service management functionaries" and article II, paragraph (f) shall not handle matters.

    Before the implementation of this approach have been issued certificates of disability State personnel and the disability certificate of militia workers no longer renewed.

    30th provincial civil affairs departments can be based on local conditions, specific working conditions. 31st article this way come into force on August 1, 2007. 1997 issued by the Ministry of Civil Affairs of the interim measures for the management of disability at the same time abolish.
    Annex 1: assessment, adjust the grade form (model)
┌────────┬───────┬─────┬─────┬────┬────┬───────┐
│    姓    名    │              │ 性    别 │          │  民族  │        │              │
├────────┼───────┼─────┼─────┴────┴────┤              │
│    出生年月    │              │ 身份证号 │                              │      照      │
├────────┼───────┼─────┼───────────────┤      片      │
│入伍时间或者参加│              │ 退伍时间 │                              │              │
│工作时间        │              │          │                              │              │
├────────┼───────┴─────┴──────────┬────┴──┬────┤
│   致残时单位   │                                                │  现伤残等级  │        │
├────────┼────────────────────────┴───────┴────┤
│     户籍地     │                                                                          │
├────────┼─────────────────────────────────────┤
│致残时间、地点、│                                                                          │
│原因、部位      │                                                                          │
├────────┼─────────────────────────────────────┤
│                │1.残疾情况:                                                              │
│                │                                                                          │
│                │                                                                          │
│                │                                                                          │
│                │                                                                          │
│                │                                                                          │
Medical health expert panel │ │ 2. under the military disability grading standards (for trial implementation), section and subsection of, │
│意见            │                                                                          │                                                          │                │建议评为    级。

│                │                                                                          │
│                │                                                                          │
│                │                                            (医疗卫生机构章)            │
│                │                                                                          │
│                │                                              年    月    日              │
├────────┼─────────────────────────────────────┤
│  专家小组成员  │                                                                          │
│      签字      │                                                                          │
│  (3人以上)   │                                                                          │
├────────┼─────────────────────────────────────┤
│                │伤残性质:                                                                │
│                │                                                                          │
│                │                                                                          │
│                │                                                                          │
│县级人民政府民政│申报等级:                                                                │
│部门意见        │                                                                          │
│                │                                                                          │
│                │                                                                          │
│                │                                             (民 政 局 章)              │
│                │负责人签字:                                  年    月    日              │
├────────┼─────────────────────────────────────┤
│                │伤残性质:                                                                │
│                │                                                                          │
│                │                                                                          │
│设区的市人民政府│                                                                          │
│或者行政公署民政│申报等级:                                                                │
│部门意见        │                                                                          │
│                │                                                                          │
│                │                                                                          │
│                │                                             (民 政 局 章)              │
│                │负责人签字:                                  年    月    日              │
├────────┼─────────────────────────────────────┤
│                │伤残性质:                                                                │
│                │                                                                          │
│                │                                                                          │
│                │                                                                          │
│省级人民政府民政│申报等级:                                                                │
│部门意见        │                                                                          │
│                │                                                                          │
│                │                                                                          │
│                │                                             (民 政 局 章)              │
│                │负责人签字:                                  年    月    日              │
├────────┼───────────┬────────────┬────────────┤
│    证书类别    │                      │        证书编号        │                        │

└────────┴───────────┴────────────┴────────────┘

    Instructions:

    1. the "recruitment", "retired", fill in only when used for evaluating disabled soldiers.

    2. the "grade" is used only when adjusting the grade completed (black letter).

    3. "when the disability unit", evaluating disabled soldiers, fill in the code designation or designations; or assess police disability State personnel, fill in when wounded; assessment of other disabled persons, units completed, no is not filled.

    4. If the medical advice of the expert group was not in this form, and attach a medical examination or medical reports.

Annex 2:

Written decision of not to assess levels (main content)



Upon examination, you assess grade application

By:

Decision: no assessment grade.

Who was dissatisfied with this decision, within 60 days from the date of receipt of this decision, to the people's Governments at the corresponding level, or level the Ministry of Civil Affairs

May apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

Home Office (Bureau)

Year month day

    Decision shall contain:

    The "review" section, which indicate the applicant's application does not meet the following conditions: 1. no war record or disability attributable to the original medical certificate, 2. disability does not meet the military disability grading standards (for trial implementation), 3. other.

    "Basis", according to the identity indicated no concrete basis for the evaluation of: 1. the provisions of the servicemen's pension benefits Ordinance; 2. the provisions of the disability management approaches, 3. the Act on State pensions of staff, police casualties of the notification on the relevant issues, 4. other related grounds.

    Notes:

    1. printed according to the specific circumstances of the applicant decided to book, delete decision shall contain the matters, when you print notes.

    2. If policies change in the future, shall, in accordance with the new policy change related content.

Annex 3:

Not adjust the grade decision (main content)



Upon examination, the application for adjustment of your grade,

By:

Decisions shall not be adjusted grade.

Who was dissatisfied with this decision, within 60 days from the date of receipt of this decision, to the people's Governments at the corresponding level, or level the Ministry of Civil Affairs

May apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

Home Office (Bureau)

Year month day

    Decision shall contain:

    The "review" section, which indicate the applicant's application does not meet the following conditions: 1. no war record or disability attributable to the original medical certificate, 2. disability does not meet the military disability grading standards (for trial implementation), 3. other.

    "Basis", according to the identity indicated no concrete basis for the evaluation of: 1. the provisions of the servicemen's pension benefits Ordinance; 2. the provisions of the disability management approaches, 3. the Act on State pensions of staff, police casualties of the notification on the relevant issues, 4. other related grounds.

    Notes:

    1. printed according to the specific circumstances of the applicant decided to book, delete decision shall contain the matters, when you print notes. 2. If policies change in the future, shall, in accordance with the new policy change related content.