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Administrative Measures For Rural Five-Guarantee Service In Shaanxi Province

Original Language Title: 陕西省农村五保供养服务机构管理办法

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Management of five-care services in rural Province

(Act No. 174 of the People's Government Order No. 174 of 14 January 2005 adopted by the Government of the province at the 22th ordinary session of 2013, which came into force on 1 March 2014.

Contents

Chapter I General

Chapter II Planning and construction

Chapter III

Chapter IV

Chapter V Guarantee and support

Chapter VI Legal responsibility

Chapter VII

Chapter I General

Article 1, in order to strengthen the management of the five-care services in rural areas, to increase the capacity and level of support services, and to develop this approach in line with the Rural VSS regulations.

Article 2

Article 3 of this approach refers to the provision of public-private social assistance for the provision of support services for rural quintiles, organized by the commune or communes, and the Town People's Government.

This approach refers to rural quintiles who have no labour capacity, who have no means of living, are unable to provide support, support, dependants, or to their statutory support, maintenance, maintenance, maintenance, maintenance, dependency obligations, old age, disability or villagers who are under 16 years of age.

Article 4

The executive departments such as development and reform, education, finance, human resources and social security, land resources, housing and rural and urban development, sanitation and family planning, tax, business and institutional development are aligned with the management of the rural five-care service institutions in accordance with their respective responsibilities.

Article 5

Article 6 encourages citizens, legal persons and other organizations to contribute to and provide support services to rural five-care institutions.

Article 7. The Government of the above-mentioned population and its civil affairs sector have given recognition and incentives to units and individuals that make significant achievements in the construction, management and service of the five-care services in rural areas.

Chapter II Planning and construction

Article 8. Governments at all levels should incorporate the construction of rural five-care services in economic and social development planning.

The Government of the communes should build rural five-care services that can meet the needs of a number of communes, towns and villages, in accordance with the number, distribution, concentration of nutrients in rural areas in this administrative region.

The Government's civil affairs sector should be structured in accordance with the economic and social development planning of the people at this level, with the relevant departments to prepare special planning for the construction of the rural five-care service institutions, and with the consent of the current people's Government.

Article 9

The construction of the rural five-care service agency project should be determined in an open solicitation manner by the project design, construction, treasury units.

Article 10 Rural Viving Services should be accessible to all public service facilities, such as health, culture, sports, to avoid natural disasters.

Article 11. The construction of the rural five-care services should be in line with national regulations and standards for construction design, and take advantage of existing facilities by combining new construction, expansion and alteration.

Article 12

The rural five-care service agency should provide residential housing units for each rural five-pronged target with no less than 6 m2.

The rural five-care services should have the necessary premises and facilities to carry out the production of agro-industry.

Article 13. Rural VSS institutions should be equipped with basic living facilities and accessibility facilities for persons with disabilities, with the necessary meals production, health care, physical recreation, heating, firefighting and office management.

The rural five-care services should be constructed with support buildings such as kitchen, restaurants, storage rooms, operating rooms, medical rooms, bathrooms, sanitation and office.

Chapter III

Article 14. Rural five-care services should be primarily serviced by rural quintiles, with priority services being given to subsistence-dependent rural quintiles that cannot be self-sused and can be serviced to decentralized rural nutrients.

Article 15 Rural Vived Services at the district level can carry out social feeding services on the basis of meeting the needs for the concentration of five-care providers in rural areas, but the social nutrients should not exceed 25 per cent of the total beds.

Conditions of communes, rural five-care institutions and communes in the town, the rural five-care service institutions in the town can be directed to the social feeder on day-care services on the basis of meeting the rural five-care needs.

Rural VSS services may not be reduced to the level of nutrients and services for rural quintiles for social feeding services.

Article 16 Rural Vulnerables are chosen to focus on the rural five-care services, which should be submitted by themselves to the communes, the communes' governments, and who have no operational capacity to apply by other villagers or villagers' councils. The communes, the people of the town should submit a review within 20 days of the date of receipt of the request and report on the civil affairs component of the district-level people's Government, which shall be approved or not approved within 20 days.

The provincial-level Government's civil affairs sector should arrange for five-care services in rural areas to receive five-care recipients, in accordance with the will of the rural five-providing target and local rural five-care services, for the purpose of feeding.

Rural Vulnerable Services with Psychiatrics and Vulnerable Rurals should have the corresponding care capacity.

Article 17 communes, the Government of the town shall enter into a feeding service agreement with the rural five-care service agencies, entrusting them with the provision of support services for the five-providing target audiences in rural areas, and the Rural VSS service institutions shall enter into a feeding service agreement with the rural five-care recipients and their villagers' committees to agree on the rights and obligations of the parties.

Article 18

Article 19

(i) Provision of meals that meet food hygiene requirements and the physical conditions of the rural five-occupants;

(ii) Provision of living supplies, such as clothing, beds and spare parts;

(iii) Implementation of sub-care services based on the standard of living self-sustainability and care for children in rural areas;

(iv) Provision of routine medical treatment services, regular inspection of the body, the establishment of a health file, the prevention of diseases, and the provision of five-pronged rural care for after-school communicable diseases and mental illnesses, and the necessary measures should be taken, as required, to report to the relevant sectors in a timely manner, and to transfer specialized medical institutions to treatment;

(v) Preservation in rural areas for promotional care;

(vi) The rehabilitation, cultural sports activities tailored to the characteristics of the five-pronged population in rural areas, and the provision of spiritual condolences;

(vii) Pre-to-day poisoning of five rural feeders, the regular laundering of their bedified and clothing, and the maintenance of environmental integrity and health within and outside rooms;

(viii) In rural areas, after the death of the breadwinner, the funerals are properly addressed;

(ix) Other services provided by the State.

The rural five-prime-care facility, which is concentrated, is under 16 years of age or who have reached 16 years of age, is still subject to compulsory education, and the five-care services in rural areas should be guaranteed by law and completed compulsory education.

Rural VPS should apply to the relevant units such as the relevant sections of the Government of the communes, the Disabled People's Federation, etc., for the inclusion of a five-pronged disability for the purpose of providing a basic support tool, with conditional rural five-care services available to themselves.

Article 20 Rural VSAs should enter into agreements with new rural cooperative health-care providers to provide day-to-day care services for rural quintiles.

Article 21 provides that the rural five-care service provider's actual nutrient levels for the rural five-care constituencies shall not be lower than the centralized feeding standards published by the local population governments.

Article 2

Chapter IV

Article 23 provides that five-care services in rural areas shall be registered by legal persons of the business unit in accordance with the relevant provisions.

Article 24 Removal of five-care services in rural areas, with the consent of the district-level Government's civil affairs sector, shall be carried out in accordance with the law, with the proper placement of five-care providers in rural areas.

After the withdrawal of the rural five-care services, assets such as land-use rights, facilities and facilities owned by them should be processed in accordance with the relevant provisions.

Article 25 Managers of the five-care services in rural areas are appointed by the organization and conduct regular evaluation of the performance of their duties; service personnel are employed by the rural five-care service providers on the basis of their work needs, and contracts or labour contracts are entered into by law.

Rural VSS service providers are in principle staffed in accordance with 1/10 for the breadth target, but the service providers who live cannot be less than one third for the breadwinner.

The health room for VSSAs should be equipped with medical personnel with professional technical qualifications.

The public service has been given priority to five-care services in rural areas.

Article 26 Rural VSS institutions should establish job responsibilities based on actual reasonable job creation, specifying job requirements and work processes.

A conditional rural five-care service agency could establish professional jobs for social work with professional social workers.

Article 27, the Civil Affairs Department of the Government of the District, should conduct operational training for VPS service providers in rural areas and improve service levels.

Article twenty-eighth rural five-care services should establish systems such as sound finance, archives, sanitation, safety and security, and be made public to rural five-care providers.

Article 29 provides that five rural service providers should establish management committees. The Management Committee consists of the agency's rural five-provider representatives, managers and service providers, with the participation of five-care providers in rural areas for more than 1/2.

The Management Committee is democratically elected by the rural five-care service provider for the purpose, management and service providers in order to fulfil the following responsibilities:

(i) Oversight of the implementation of the systems of the five-care services in rural areas;

(ii) Oversight of the financial management of the five-care services in rural areas;

(iii) Oversight of the work of the management and service personnel of the five-care services in rural areas;

(iv) Mediation of contradictory disputes within the five-care services in rural areas;

(v) Organizing for the coordination of self-service and self-management of five-care recipients in rural areas;

(vi) Other management matters within rural five-care services.

Article 33 Rural VSS services can take a variety of forms of agricultural production, which should be used to improve the living conditions of the five-professional target audiences in rural areas, and no units and individuals shall be in possession or misappropriation.

Rural VSS can encourage this institution to participate in productive activities that can be achieved and to provide adequate compensation.

Article 31 provides that five rural service providers should properly manage and use the assets of the agency and conduct registration procedures in accordance with the relevant provisions.

Chapter V Guarantee and support

Article 32 provides funding for the construction of the rural five-care services in the financial budget of the Government of more than the population at the district level.

Social donations for the benefit of public goods, which do not expressly do so, should be allocated a proportion of the year to the construction of the rural five-care services.

Article 33 Community governments should guarantee the proper functioning of the rural five-care services.

Governments of provinces and districts should provide financial support for the operation, maintenance and maintenance of the rural five-care services.

The communes, the communes should provide the necessary support for the operation, maintenance and maintenance of five-care services in rural areas.

Article 34 quinquies in rural areas are centrally allocated to the nutrients, in accordance with the central feeding standards published by the local-level people's governments, and are included in the PAH's financial budget.

The communes of the provinces and districts should concentrate on rural quintiles in difficult areas and provide funding. The communes, the communes can concentrate on rural quintiles and provide financial support.

Rural quintiles are focused on raising funds, which are directly allocated by the district-level Government's financial sector to the rural VDS.

Rural quintiles for feeding should be earmarked for the purpose of guaranteeing the lives of rural quintiles and not for misappropriation.

More than XV people at the district level should guarantee the treatment of the five-care service providers in rural areas and participate in the corresponding social insurance.

The Rural Vulnerable Standards and the Financial Security Programme for the Services of the Care Service is developed by the provincial Government's civil affairs, the financial sector, with the approval of the Government.

The emoluments of the five-care service providers in rural areas should be gradually improved with the development of the economy.

Article XVI provides the following support for the construction and development of five rural service institutions:

(i) Remove the cost of accessing urban infrastructure and other administrative causes;

(ii) The installation of water, electricity, natural gas, cable TV, Internet, telephone facilities, etc., and the related units should compensate for the costs;

(iii) The granting of tax incentives in accordance with national provisions for land, housing, etc. used by the rural five-care services;

(iv) The contribution of business units and individuals through public interest groups or more people's governments and their sectors to the rural five-care service institutions should be deducted by law when calculating their tax revenues.

Article 37 provides the following preferences for the five-care services in rural areas when providing feeding services:

(i) Releases of pollutantes to be distributed;

(ii) Remove the payment of employment guarantees for persons with disabilities;

(iii) The use of rural collective land by law;

(iv) Medical rooms in rural five-care services, with external medical, rehabilitative conditions of service, access to licenses for the operation, can be applied to become a new rural cooperative medical facility to review qualifications that can be incorporated into new rural cooperative medical positions;

(v) Water, electricity, gas prices, in accordance with civilian standards, and appropriate preferences;

(vi) The provision of childcare services by the rural five-care services, which is exempted by law.

Chapter VI Legal responsibility

Article 338, in violation of article 16 of this approach, affects the concentration of five-care recipients in rural areas and administrative disposition by the competent persons directly responsible, as well as other persons directly responsible.

Article 39 discriminates against rural five-care services, ill-treatment of rural quintiles or lack of managerial and service responsibilities, resulting in a violation of the legitimate rights and interests of rural quintiles, by the Civil Affairs Department or by the communes, the relocation of the town's government orders; failure to change; dismissal of institutional heads; loss of financial property for rural quintiles; and liability under the law of the rural nutrient service.

Article 40

(i) Privately, misappropriation and the seizure of five rural properties for feeding;

(ii) Private subsectors and the diversion of farm-dependent industries to produce business revenues;

(iii) Discrimination, abuse, beating and ill-treatment in rural areas for the purpose of feeding;

(iv) Theft, expropriation of property belonging to the rural five-pronged target or rural five-care services;

(v) Other violations of laws, regulations.

Article 40 quinquies in rural areas are criticized for education, in serious circumstances, halting the concentration of feeding, constituting crimes, and criminal accountability by law:

(i) Destabilize the normal life order in violation of the provisions of the five-care services in rural areas;

(ii) The infliction of physical harm on others;

(iii) Disadvantages, theft, the confiscation of five-care services in rural areas, or the other rural five-care-oriented property;

(iv) Other violations of laws, regulations.

Chapter VII

Other social organizations and individuals in Article 42 should conduct the registration of legal persons from non-commercial units by law, with their management and service reference to this approach.

Article 43