Subsistence Allowances For Rural Residents Approach

Original Language Title: 甘肃省农村居民最低生活保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387218.shtml

Subsistence allowances for rural residents approach

    (February 17, 2013 2nd meeting consideration of the people's Government of Gansu province on February 24, 2013 98th promulgated by the people's Government of Gansu province as of March 26, 2013) Chapter I General provisions

    First to ensure and improve people's livelihood, maintain the basic living of poor people in rural areas, according to the provisions of relevant laws and policies, combined with the facts of the province, these measures are formulated.

    Subsistence allowances for rural residents in article, refers to the Government on household per capita annual net income of less than the local minimum living standards for rural residents of family subsistence relief system among rural residents.

    Article subsistence allowances for rural residents adhere to fundamental, sustainable, fair, realistic and effective policy and should be guaranteed, the principle of fair and balanced dynamic management, the implementation of territorial management. Article fourth work of Governments at all levels in charge of rural resident's minimum living guarantee.

    The people's Governments above the county level shall include the rural minimum living standard security work in government management by objectives appraisal system.

    People's Governments at various levels shall include subsistence allowances for rural residents work in economic and social development planning, formulate relevant policies and measures, establish and improve the coordination mechanism.

    Fifth civil affairs departments above the county level people's Governments in charge of the subsistence allowances for rural residents work within the administrative area.

    The township (town) people's Government, responsible for subsistence allowances for rural residents of the subdistrict office filing, investigation, deliberation, publicity work.

    Relevant departments of the people's Governments above the county level shall, in accordance with their respective responsibilities, to subsistence allowances for rural residents.

    Chapter II security standards

    Sixth provincial people's Government, according to the province's economic and social development, for guiding rural resident's minimum living standard.

    City (State), County (city, district) people's Government under the local rural residents required for basic clothing, food, housing, transportation, and other expenses, refer to provincial guidelines within their respective administrative areas of rural resident's minimum living standard, and reported to the people's Governments at a higher level for the record after the execution.

    Rural resident's minimum living standard according to the local economic and social development and the necessities of timely adjustment of price change.

    Article seventh classification Shi Bao subsistence allowances for rural residents.

    Class of protection: the main labor force in death or severe disability, without any source of income families; family members year round risk of serious disease and economic burden of families due to accidents or domestic distress, living standards closer to the countryside "wubaohu" single parents special hardship families.

    Second class object: caused by sick family members such as labor shortage, not migrant families because of burden of disease, caused by such as expenses, affecting the lives of the basic family life obviously difficult one-child families, and two women and single parent families.

    Three categories and the following security objects: lower income due to other reasons, local families belong to the obvious difficulties.

    Three categories and the following security objects by the city (State), counties (cities and districts). Eighth people's Governments above the county level shall give grants to incorporate subsistence allowances for rural residents. Provincial people's Government, formulate one or two directive grants protection standards.

    City (State), County (city, district) people's Government develop three categories and the following benefits.

    Nineth families living above the subsistence allowances for rural residents or other irregularity, shall not be included in the scope of protection. Article tenth of rural household income refers to the common life of the family members in accordance with the relevant national farmers ' net income statistics on approved annual income combined.

    Including: income from wages, business income, property income and transfer income.

    Disaster relief, preferential pension and incentive funding, Medicaid funding, Government-subsidized rural cooperative medical insurance fees, compulsory subsidy and rural old-age insurance, regardless of family income.

    Chapter III application approval process

    Section 11th for subsistence allowances for rural residents based on the family unit, considered to meet the required conditions of rural residents to their homes to the township (town) people's Government, the subdistrict office written request, or you can delegate village (neighborhood) Committee.

    Apply for subsistence allowances for rural residents are required to provide basic information of family members (registered), family income and family status of the property and written material.

    The township (town) people, neighborhood offices of the minimum living standard security staff and village (neighborhood) Committee cadres close relatives to apply for the rural minimum living standard security, a separate registration. 12th the township (town) people's Government, the subdistrict office accepts the application for subsistence allowances for rural residents, household surveys and neighbourhood visits the Organization and in consultation with village (neighborhood) Committee.

    Investigators should sign the questionnaire, and responsible for the findings.

    13th the township (town) people's Government, the streets in the village (neighborhood) committees assisted by organized farmer groups convened to apply democratic elections according to the levels of household poverty assessment and produces sorted list.

    The township (town) people's Government, the subdistrict office staff in the village (neighborhood) for initial verification and democratic deliberation with the assistance of the Commission, would protect the object list and notice-public throughout the village.

    14th the township (town) people's Government, the subdistrict offices to review controversial as well as publicity objects of dissent for priority review, verification, an audit opinion. 15th the township (town) people's Government, the subdistrict office meeting of the Organization of the rural minimum living standard security audit group, identify objects, classes, and an audit opinion, will return to villages in the notice-public results.

    Audit team meeting apart from the rural village to the outside, should involve representatives of the rural party members and the masses to attend.

    Rural resident's minimum living standard security audits on the application does not pass, the township (town) people's Governments, neighborhood offices shall notify me, state the reason in writing and inform may apply for administrative reconsideration or administrative proceedings. 16th County level people's Government, the Ministry of civil affairs departments of township (town) people's Government, submitted to the subsistence allowances for rural residents of the subdistrict office work-related material review and spot checks, meeting according to the decision, and in the township (the street) and the villages in the notice-public.

    Objections, the County Civil Affairs Department shall, within 15 working days Organization for review to verify.

    Gate to the minimum living standard security staff of Civil Affairs and the people's Governments at the county level village (neighborhood) Council cadres close relatives of rural lowest life guarantee, vet.

    Public notice expires without objection or opposition is not established, the County Civil Affairs Department official identified as object, issuing the certificate of minimum living guarantee of rural residents, security through "10 percent Commission" social issue.

    Not to grant applications for subsistence allowances for rural residents, the County Civil Affairs Department told me, state the reason in writing and inform may apply for administrative reconsideration or administrative proceedings. Article 17th dynamic management of subsistence allowances for rural residents and building object into a standard, subsidies have the working mechanism of rise and fall.

    The County Civil Affairs Department and township (town) people, neighborhood offices for a class object verification once a year; second class object verification once every six months; the three categories and the following security objects once every quarter of verification.

    The County Civil Affairs Department and township (town) people's Government, the streets, the village (neighborhood) committees should establish subsistence allowances for rural residents file management system.

    The fourth chapter funds management

    18th financial Department of the people's Governments at all levels to increase investment in rural resident's minimum living guarantee funds, in accordance with the provisions included in the annual budget. Work on funds managed by the financial Department of the people's Governments at the county level in accordance with the annual urban and rural minimum living guarantee, the standard of rural five guarantees of not less than 10 yuan per person special expenses.

    Provincial financial departments in financial difficulties and outstanding work performance areas to give appropriate subsidies.

    Article 19th when the County distribution of rural resident's minimum living guarantee funds should be tilted to the impoverished towns and villages. 20th the rural minimum living standard security, paid quarterly, conditional areas monthly.

    Civil affairs departments in accordance with the actual number of security-related material at the financial sector review, financed by the social security accounts the financial provisions into the agricultural accounts, or a month at the beginning of each quarter through "10 percent Commission" issue.

    Article 21st rural resident's minimum living guarantee funds to counties (cities and districts) for example, account management, financial accounting, earmarking.

    Monitor and audit departments shall, in accordance with the management of the rural minimum living standard security used for supervision and inspection.

    The fifth chapter legal liability

    22nd units engaged in subsistence allowances for rural residents and staff members of any of the following acts, by the competent authority in accordance with the principals and direct responsibility for administrative sanctions, to constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) no justification for refusing to accept an application for subsistence allowances for rural residents;

    (B) the breach of the statutory conditions and procedures, to an applicant who does not meet the requirements for subsistence allowances for rural residents procedures;

    (C) corruption and misappropriation, seizure, arrears of rural resident's minimum living guarantee funds.

    Article 23rd false household incomes, falsification of evidence and other improper means to obtain payment of subsistence allowances for rural residents, the County Civil Affairs Department recovered funds, constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 24th article this way since March 26, 2013, on September 21, 2010 72nd order released by the province people's Government management of subsistence allowances for rural residents in Gansu province abolished at the same time.