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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399587.shtml

Administrative measures for rural five-guarantee service in Shaanxi Province

    (Provincial people's Government of Shaanxi Province, in 2013, the 22nd Executive meeting January 14, 2014 to 174th published since March 1, 2014) directory

Chapter I General provisions

Planning and construction of chapter

Chapter III service objects and content

The fourth chapter structure and management

The fifth chapter guarantee and support

The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First in order to strengthen the management of rural five-guarantee services, improving the ability and level of support services, according to the regulations of the rural five-guarantee work, combined with the facts of the province, these measures are formulated.

    Second rural five-guarantee service within the administrative area of the province of management activities for these measures.

Article rural five-guarantee services mentioned in these measures refers to organized by County or township people's Government, provides support services for rural five-guarantee of social assistance agencies.

    Rural five-guarantee mentioned in these measures refers to incapacity, no sources cannot support, maintenance, maintenance obligations, people, or its legal support, maintenance, maintenance obligations into a maintenance-free, maintenance, the ability of old age, disability, or age of 16 villagers.

Fourth civil affairs departments above the county level people's Government responsible for the administration of rural five-guarantee service agency management.

    Development and reform, education, finance, human resources and social security, Ministry of land and resources, housing and urban-rural development, health and family planning, tax, business, institutions and other administrative departments, in accordance with their respective responsibilities, coupled with good management of rural five-guarantee service.

    Article fifth rural five-guarantee service agencies in accordance with State regulations implemented grade assessment.

    Sixth to encourage citizens, legal persons and other organizations for rural five-guarantee service contributions and services.

    Seventh people's Governments above the county level and the Ministry of civil affairs departments in rural five-guarantee service construction, management and service have made outstanding achievements in the work units and individuals giving commendations and awards.

    Planning and construction of chapter

Eighth levels of people's Governments of rural five-guarantee service institution-building should be integrated into economic and social development plan.

People's Governments at the county level in accordance with this administrative area of rural five-guarantee number, distribution, concentrated demand, construction to meet a number of townships and towns of rural five-guarantee object dependent rural five-guarantee service.

    Civil affairs departments above the county level people's Governments shall, in accordance with the people's Governments at the corresponding level of economic and social development planning, in conjunction with the relevant departments to prepare construction planning of rural five-guarantee services, agreed upon and approved by the people's Governments at the corresponding level organization.

Nineth rural five-guarantee construction project management services, in accordance with the relevant provisions are implemented.

    Rural five-guarantee service project should be by open tender to determine project design, construction and supervision units.

    Article tenth of rural five-guarantee service agencies must transport facilities, health care, culture, sports and other public service facilities location, avoiding natural disaster-prone areas.

    Article 11th rural five-guarantee services shall conform to the relevant State architecture-building codes and standards, new construction, expansion and renovation methods, making full use of idle facilities.

12th construction of county-level rural five-guarantee service size is generally about 300 beds, townships and towns of rural five-guarantee service institution-building size is generally about 150 beds, town and village construction scale of rural five-guarantee service should reach more than 50 beds.

Rural five-guarantee services shall for each rural five-guarantee provides usable floor area of not less than 6 square metres of living space.

    Sideline production in rural five-guarantee services shall have necessary venues and facilities.

13th rural five-guarantee service should configure basic living facilities and barrier-free facilities for the disabled, with the necessary food production, health care, entertainment, heating and cooling, fire protection and Office management, and other equipment.

    Rural five-guarantee service sector should have in the kitchen, dining room, storage room, activity room, a medical room, subsidiary rooms such as bathrooms, toilets and offices.

    Chapter III service objects and content

    Article 14th rural five-guarantee services should mainly serve the five guarantees supporting in rural areas, priority service objects from the five guarantees supporting in rural areas unable to take care of, you can separately supply rural five-guarantee provided services.

15th County rural five-guarantee service in meeting the needs of rural five-guarantee concentrated on the basis, you can carry out social services, but the social pension shall not exceed the total number of beds of the page 25%.

Conditional Township area of rural five-guarantee service and townships and towns of rural five-guarantee service in meeting the needs of rural five-guarantee concentrated on the basis, can face social day care services.

    Rural five-guarantee service the ground of social services to reduce the concentrated in rural five-guarantee conditions and level of service. 16th article five guarantees supporting in rural areas chose to concentrated rural five-guarantee service, she shall make application to the Township and town people's Governments; I am incapacitated, by the other villagers or village committees for application.

Township and town people's Governments shall, from the date of receipt of the application within 20th review comments, and submitted to the County Civil Affairs Department, the County Civil Affairs Department decided to grant approval or rejection in the 20th.

County civil affairs departments should be based on rural five-guarantee I will and local institutional support capacities of rural five-guarantee services, arrangements for rural five-guarantee service organizations receive five guarantees supporting in rural areas, rural five-guarantee services shall not refuse to receive.

    Receives who suffers from mental illness, infectious diseases of rural five-guarantee rural five-guarantee services shall have appropriate care.

    17th Township and town people's Governments shall enter into a support services agreement with rural five-guarantee services and authorize it to provide support services for rural five-guarantee rural five-guarantee service should be signed with rural five-guarantee and the villagers ' Committee support services agreement, the rights and obligations of the parties to the Convention.

    18th five concentrated in rural areas and social services should comply with the system of rural five-guarantee service and protect public property, politeness, unity and mutual assistance.

Article 19th of rural five-guarantee service institutions should focus on supporting rural five-guarantee provides the following services:

(A) in line with food hygiene requirements and body condition of rural five-guarantee meals;

(B) the provision of clothing, bedding and other supplies as well as pocket money;

(C) under the rural five-guarantee the ability of daily life of the object and the standard of care, the implementation of grading nursing service;

(D) provide routine diagnostic services, regular body checks, setting up health records, disease prevention, rural five-guarantee for rooms at the edge of infectious diseases and mental illness, should be reported to the relevant authorities in a timely manner pursuant to the provisions, take the necessary measures and transferred to specialized medical institutions;

(E) the guardianship of rural five-guarantee work;

(F) suitable for rural five-guarantee object characteristics of rehabilitation, cultural and sports activities, to give spiritual comfort;

(G) rural five-guarantee daily disinfection of tableware, regularly cleaning their bedding and clothes, keep indoor and outdoor environment clean and hygienic;

(H) after the death of rural five-guarantee and properly handle the funeral;

(IX) other services prescribed by the State.

Concentrated rural five-guarantee object is not 16 years of age or have reached the age of 16 are still in compulsory education, rural five-guarantee service agencies must ensure the acceptance and completion of compulsory education.

    Rural five-guarantee service should be the people's Governments above the county level authorities, disabled persons ' Federation and other relevant units were concentration dependent severely disabled five-guarantee applications object-fit Basic assistive devices, conditions of rural five-guarantee service organizations can be equipped with its own.

    Article 20th rural five-guarantee service signed an agreement with the new type of rural cooperative medical care fixed-point medical institutions, provide routine diagnostic services for rural five-guarantee.

    Article 21st rural five-guarantee services for rural five-guarantee the actual level of support shall not be lower than the concentrated standard released by the people's Governments at the county level.

    22nd rural five-guarantee service should treat rural five-guarantee, to respect the national habits and customs and religious beliefs, without discrimination, abuse and abandonment.

    The fourth chapter structure and management

    Article 23rd rural five-guarantee service shall handle the registration of legal persons in public institutions, required to establishment by establishment approved by the institutions in accordance with the relevant provisions.

Revocation of article 24th of rural five-guarantee service shall be subject to approval of the County Civil Affairs Department, according to law and institutions to cancel the registration, and appropriate arrangements for rural five-guarantee.

    Rural five-guarantee service after the abolition of land and facilities of its assets shall be in accordance with the relevant provisions of the disposal procedures.

Article 25th of rural five-guarantee service managers appointed by the organ held, and regular assessment of the fulfilment of their duties; services personnel employed by the institutions in accordance with the needs of rural five-guarantee service, signed a contract according to law or labor contracts.

Rural five-guarantee of service staff according to a dependent object 1/10 is equipped with, but unable to take care of dependent objects that service personnel required dependent objects 1/3.

Rural five-guarantee service of the medical room should be equipped with professional and technical qualifications of the medical staff.

    Public welfare jobs a priority for rural five-guarantee service.

26th rural five-guarantee service should be set according to actual and reasonable position, clear requirements and processes, posts of responsibility.

    Conditions of rural five-guarantee service providers can set up professional social work posts, equipped with professional social workers.
27th County Civil Affairs Department should be on training for rural five-guarantee service agency staff, improve service levels.

    Article 28th of rural five-guarantee services shall establish a sound financial, archives, sanitation, safety and security systems, and exposure to the five guarantees supporting in rural areas. Article 29th of rural five-guarantee services shall set up a Management Committee.

Management Committee of rural five-guarantee by the Agency represents, the managers and staff representatives, which represents rural five-guarantee should reach more than 1/2.

Management Committee is comprised of rural five guarantees supporting in rural five-guarantee services, managers and service personnel the democratically elected, shall perform the following duties:

(A) monitoring the implementation of rural five-guarantee system of service institutions;

(B) oversee agency financial management of rural five-guarantee services;

(C) supervision of rural five-guarantee service agency managers and staff;

(D) conciliation rural five-guarantee service the internal contradictions and disputes;

(E) organize self service and management in rural five-guarantee object;

    (Vi) other management issues within the institutions of rural five-guarantee service.

Article 30th rural five-guarantee service can take a variety of forms of agricultural production, the income should be used to improve the living conditions of rural five-guarantee, no unit or individual shall embezzle.

    Rural five-guarantee organization can encourage the Agency to provide object to participate in those activities, and appropriate remuneration.

    31st rural five-guarantee services shall properly manage and use the assets of the institution and in accordance with the relevant provisions of the registration procedures.

    The fifth chapter guarantee and support

Article 32nd construction fund for rural five-guarantee service in the people's Governments above the county level budgets.

    Welfare Lottery and no clear intention of the social donation donation funds, should set aside a certain percentage each year for construction of rural five-guarantee service.

Article 33rd County people's Governments shall guarantee the normal operation of rural five-guarantee service.

Provincial and municipal people's Government shall be divided into districts for rural five-guarantee service operation, maintenance, and support.

    Township and town people's Governments for rural five-guarantee service operation, maintenance and other necessary support.

Article 34th concentrated in rural five-guarantee funds in accordance with the concentrated standard released by the people's Governments at the County, included in the County budget. Provincial and municipal people's Government shall be divided into districts for rural five guarantees concentrated in difficult areas, financial subsidies.

Township and town people's Governments may focus on rural five guarantees supporting, financially supported.

Rural five-guarantee central funding, directly by the financial Department of the people's Governments at the county level the allocation of rural five-guarantee service.

    Rural five-guarantee central funding should be earmarked for rural five-guarantee and shall not be appropriated for other purposes.

35th people's Governments above the county level shall safeguard rural five-guarantee service agency staff pay and benefits, and to the corresponding social insurance.

Rural five-guarantee service the remuneration of staff standards and ensure funding for programmes drawn up by the financial Department of the provincial government civil affairs, and submitted to the provincial people's Government for approval.

    Rural five-guarantee service the remuneration of Agency staff should be gradually increased as economic and social development.

Article 36th rural five-guarantee services, institution-building and development, enjoy the following support:

(A) waive the urban infrastructure supporting fees and other administrative costs;

(B) the installation of water, electricity, gas, cable TV, Internet, telephone and other facilities, shall give relief-related costs;

(C) rural five-guarantee services for personal use, such as land, property, in accordance with State regulations, tax incentives;

    (D) enterprises, institutions and individuals by social groups or people's Government above the county level and their departments, providing donations to rural five-guarantee services, in the calculation of its taxable income to be deducted according to law.

37th rural five-guarantee service in the provision of support services, enjoy the following privileges:

(A) the discharge standards of pollutants be exempt from sewage charges;

(B) exempt from the employment security fund of disabled persons;

(C) the lawful use of rural collective construction land;

(D) rural five-guarantee service of the hospital room with external conditions, access to medical care, rehabilitation services license to practice, can apply for a new type of rural cooperative medical care fixed-point medical institutions, examination, can be included in the new rural cooperative medical care fixed-scope;

(E) water, electricity, gas prices in accordance with the civil standard, and given appropriate concessions;

    (F) rural five-guarantee services provided by the service, legally exempt from sales tax.

    The sixth chapter legal liability

    Article 38th disobey article 16th administrative organs and their staff, concentrated on rural five-guarantee object to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    39th article rural five dependent service institutions discrimination, and abuse rural five dependent object or not do management and service responsibility, led to rural five dependent object lawful rights and interests of suffered against of, by County Government home sector or Xiang, and town government ordered deadline corrected; late not corrected of, on institutions head be dismissed; on rural five dependent object caused property loss of, by rural five dependent service institutions law bear compensation responsibility.

40th rural five-guarantee service agency managers and service personnel of any of the following acts, appointed by organs of the charge shall be given sanctions, managers and service personnel given criticism; the circumstances are serious, the charge be dismissed, managers and service personnel be dismissed; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) dividing up and misappropriation, interception of rural five-guarantee funds and goods;

(B) privately, divert agricultural production and operating income;

(C) discrimination, abuse, assault, abuse of rural five-guarantee;

(D) rural five-guarantee of theft, embezzlement or property of rural five-guarantee service;

    (E) other acts that violate laws and regulations.

41st article five guarantees supporting in rural areas have one of the following acts, given criticism in serious, stop concentrated constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) violates the provisions of rural five-guarantee services, disturb the normal order of life;

(B) fighting, fighting, causing grievous bodily harm;

(C) damage, theft, misappropriation of rural five-guarantee service of rural five-guarantee or other object property;

    (D) other acts that violate laws and regulations.

    The seventh chapter by-laws

    42nd other social organizations and individuals organized for rural five-guarantee service shall handle the registration of private non-enterprise legal person, its management and service in accordance with the measures implemented. 43rd article of the rules take effect on March 1, 2014.