Trial Measures For The Social Aid Fund For Road Traffic Accident Management

Original Language Title: 道路交通事故社会救助基金管理试行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253001.shtml

Trial measures for the social aid Fund for road traffic accident management

    (September 10, 2009 People's Republic of China Ministry of finance, the China insurance regulatory Commission, the Ministry of public security, Ministry of health, the Ministry of agriculture, the 56th released come into force on January 1, 2010) Chapter I General provisions

    First to strengthen the management of social assistance fund for road traffic accidents, legal assistance to victims of road traffic accidents, according to the People's Republic of China on road traffic safety law, the compulsory traffic accident liability insurance for motor vehicles regulations, these measures are formulated.

    Road traffic accidents in the second social aid fund raising, the use and management of the application of this approach.

    Road traffic accidents in these measures the social assistance fund (hereinafter Fund), means raising to pay in advance in motor vehicle road traffic accident personal injury to the victim's funeral expenses, some or all of the cost of rescuing society Special Fund.

    Article rescue funds the implementation of an integrated policy, collection, classification management, Division of responsibility.

    Policy of the Ministry of finance in conjunction with the departments concerned Relief Fund, and all provinces, autonomous regions and municipalities (hereinafter provincial) rescue fund raising, guidance and supervision and management. Provincial-level people's Governments shall establish aid Fund.

    Rescue Fund departments and provincial order determined by the provincial fund management.

    Fourth place is responsible for the financial sector bailout Fund at the same level to raise, use, and management guidance and supervision.

    Local insurance regulatory agencies are responsible for the insurance company in accordance with the provisions in full and on time payment of bailout funds to bailout fund management institutions conducting supervision and inspection.

    Local public security organs traffic management sector informed of the advances from the Fund managers of road traffic accident victims in strangers.

    Local departments in charge of agricultural mechanization to help fund management institutions to road traffic accidents involving agricultural machinery responsible for recovery.

    Local health authorities responsible for the supervision of medical institutions in accordance with the road traffic accidents injured timely rescue of the clinical guidelines for diagnosis and treatment of road traffic accident victims and to apply for bailout Fund to advance rescue expenses.

    Authorities identified the fifth Rescue Fund bailout fund managers and fund management institutions to raise relief fund supervision and inspection, use and management.

    Chapter fund raising

    Sixth relief sources of funds include:

    (A) in accordance with the compulsory traffic accident liability insurance for motor vehicles (hereinafter referred to as compulsory insurance) premiums of extraction of a certain percentage of funds;

    (B) local government insurance under insurance companies pay sales tax in the amount of financial assistance;

    (C) not insured pursuant to the provisions of compulsory insurance for motor vehicles owners, Manager of a fine;

    (D) Rescue Fund yields;

    (V) relief fund management institutions to motor vehicle road accident responsibility recovery funds;

    (Vi) social contributions;

    (VII) other funds. The seventh before March 1 of each year, the Ministry of finance in conjunction with the China insurance regulatory Commission (CIRC) Rescue Fund income and expenditure according to the previous year, in accordance with the principles of balance, determine when extracted from the insurance premium income proportion of bailout funds.

    Provincial governments within specific proportion of the region.

    Eighth for insurance business insurance companies shall determine the proportion of extracting funds from insurance premiums and within 10 working days of the end of each quarter, full through bank transfers to provincial relief funds ad hoc account.

    Nineth provincial financial departments should be based on the year's budget within 10 working days after the end of each quarter, insurance under insurance companies paid in the previous quarter sales tax amount and fund balances for local relief fund financial assistance at the provincial level.

    Tenth financial sector should be based on the year's budget within 10 working days of the end of each quarter, fines for failing to cover the mandatory insurance transfers to provincial relief fund special account.

    11th provincial Relief Fund and the provincial financial relations shall be separately prescribed by the provincial people's Government for the Rescue Fund.

    Chapter III aid fund disbursements

    12th when one of the following circumstances, advances from the Fund in a road traffic accident personal injury to the victim's funeral expenses, partial or total strangers:

    (A) the rescue expenses exceeded the insurance liability limits;

    (B) the accident did not participate in the compulsory insurance of motor vehicles;

    (C) a motor vehicle accident after escaping.

    Advances made from the Fund according to law the victims funeral costs, partial or total strangers, from road traffic accident relief fund management institutions paid in a timely manner. Advances from the Fund within 72 hours from the time accept the rescue of the victims of strangers, special cases for more than 72 hours of strangers by medical institutions give written explanations.

    Specific motor vehicle shall be in accordance with the road traffic accidents to prices approved by the accounting of fees.

    13th article 12th advances one of the circumstances listed in need Fund part or all of the costs of rescuing, public security traffic Administrative Department shall, within 3 working days written notice to the relief fund management institutions.

    14th medical organizations in rescuing injured people after the end to that have not been settled to save costs, you can apply in advance to the Fund management body, and provides evidence about the rescue costs.

    15th article rescue fund management institutions received police organ traffic management sector advance notification and medical institutions advance yet settlement rescue costs of application and the related material Hou, should in 5 a days within, according to this approach about provides, and road traffic accident injured personnel clinical clinic Guide and local prices sector developed of charges standard, on following content for audit, and will audit results written told processing the road traffic accident of police organ traffic management sector and medical institutions:

    (A) whether the provisions of article 12th advances from the Fund cases;

    (B) the rescue costs are real, reasonable;

    (C) relief fund managers considered other elements need to be audited. To meet the requirement of advance, fund management related costs should be included in the accounts of medical institutions.

    Does not meet the requirement of advance, no advances, and medical reasons.

    16th rescue fund management institutions with medical institutions to advance rescue expenses disputes, coordinated by the Department in conjunction with the health authorities of the Rescue Fund to solve.

    17th article 12th need one of the circumstances listed in rescue funds funeral fee of advances, handled by the relatives of the victims of traffic accidents in the public security organs traffic management sector issued by the dead removal notice and my identity written advance application to the Fund management institutions.

    Orphan or was unable to confirm the identity of the body, by the Public Security Bureau in accordance with the relevant provisions. 18th fund management body received burial expenses paid applications and all supporting materials, to meet advanced requirements, shall, within 3 working days in accordance with the relevant standard paid the funeral costs, and shall inform the public security organs traffic management Department of the road traffic accident.

    Does not meet the requirement of advance shall not be paid, and indicate to the applicant the reasons.

    19th rescue fund management institutions to save costs and funeral expense to advance application for approval, to the public security organs traffic management departments, medical institutions and insurance units to verify the situation, the authorities concerned shall cooperate.

    Fourth chapter fund management

    20th relief fund management institutions shall perform the following duties:

    (A) to raise relief funds;

    (B) receive, review advanced applications, and shall be paid;

    (C) to recover payment;

    (D) other administrative duties of the rescue funds.

    21st relief fund management should publicize their phone number, address, contact, and other information.

    22nd rescue fund management expenses, including staff costs, office expenses, compensation costs, agency costs, shall be in accordance with the relevant provisions, arranged by the financial sector in the annual budget shall not be expensed in the bailout Fund.

    23rd bailout fund management institutions shall, in accordance with the relevant provisions on administration of bank accounts opened relief fund special account.

    Rescue Fund separate accounts, account management, and should use according to regulations.

    24th relief fund management institutions in accordance with the measures to advance rescue expenses and funeral expenses, to motor vehicle traffic accidents should be legally responsible for recovery.

    Article 12th of this approach (c) Relief Fund paid the funeral costs, in part or in whole to save costs, after a road traffic accident cases, dealing with the road traffic accidents traffic management Department of public security authorities shall promptly notify the rescue fund management institutions.

    Units and the victim or his successor to assist the Fund management structure for recovery.

    25th bailout fund management body shall, within 15 working days of the end of each quarter, quarterly financial reports submitted to the Fund at the same level on competent authorities, on and before February 1 of each year an annual work report and financial report, submitted to the Fund at the same level authorities.

    26th rescue fund management institutions shall report the rescue operations of the Fund, there shall be no false record.

    27th bailout fund management institutions each year should be reported to the financial sector bailout fund raise, use, and management of, accept financial sector supervision and inspection according to law.

    28th save changes or termination of fund management institutions, it shall audit, liquidation.

    29th bailout Fund authorities shall perform the following duties:

    (A) specific measures for the administration of this area aid funds;

    (B) according to law fund management institutions;

    (C) to supervise and check raise, advance, recovery of the aid Fund, and shall be published on a regular basis;

    (D) legally commissioned accounting firm to help audit of the annual financial report of the Fund and shall be published;

    (E) in accordance with the Fund management institutions and their staff of violations and penalties.

    Article 30th bailout Fund at the provincial level departments before March 1 of each year, will aid the previous year in the region fund raising, advance, compensation cases submitted to the Ministry of finance and the China insurance regulatory Commission.

    The fifth chapter legal liability

    31st for insurance business insurance companies failing to extract funds from insurance premiums and in full and in a timely manner to aid funds ad hoc account, paid by the local insurance regulatory bodies more than 3 working days have not been paid in full, give a warning, and make an announcement.

    32nd medical institutions to provide false rescue expenses, by the Department of health warning and direct those responsible be dealt with in accordance with the relevant provisions.

    33rd under any of the following circumstances, authorities from the Rescue Fund on bailout fund management institutions and their heads in accordance with the relevant regulations for processing, and you can decide whether to remove help fund management organization:

    (A) is not in accordance with this Regulation accepting, reviewing applications for advances from the Fund and advances;

    (B) providing false reports, financial and accounting reports;

    (C) in violation of these regulations require the use of bailout funds;

    (D) refuse or impede the Department in charge or relevant departments shall exercise supervision over and inspection.

    The 34th article Rescue Fund departments and agencies staff, abuse their powers, neglect their duties, engage in the work, shall be given administrative sanctions, criminal, transferred to the judicial organs according to law.

    The sixth chapter supplementary articles

    35th victim in these measures refers to motor vehicles caused by road traffic accidents in addition to the insured motor vehicle personnel, victims other than the insured.

    36th article this approach by said rescue costs, is refers to motor vehicle occurred road traffic accident led to personnel injured Shi, medical institutions according to road traffic accident injured personnel clinical clinic Guide, on life signs not smooth and although life signs smooth but if not take processing measures will produced life dangerous, or led to disability, and organ function obstacles, or led to course obviously extended of injured personnel, take necessary of processing measures by occurred of medical costs. 37th funeral expenses in these measures refers to burial remains necessary for transportation, parking, refrigeration and cremation services.

    Specific cost price Department of motor vehicle shall be in accordance with the road traffic accidents ' rate standards.

    38th motor vehicle road traffic accident outside, resulting in personal injury, these measures shall apply mutatis mutandis.

    39th Rescue Fund departments at the provincial level should be based on the relevant provisions of this approach, in conjunction with the relevant departments to work out the implementation details of this area, and reported to the Ministry of finance and the relevant departments for the record. 40th these measures come into force on January 1, 2010.