Guiyang Guiyang Municipal People's Government On The Revision Of The Good Samaritan Award And The Decision Of Interim Measures For The Protection Of

Original Language Title: 贵阳市人民政府关于修改《贵阳市见义勇为奖励和保护暂行办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384574.shtml

Guiyang Guiyang municipal people's Government on the revision of the good Samaritan Award and the decision of interim measures for the protection of

    (August 20, 2012 Executive meeting of the Guiyang municipal people's Government on December 14, 2012, Guiyang municipal people's Government released 17th come into force on the date of promulgation) for greater rewards and protection in VFF, good Samaritan, Guiyang municipal people's Government decided to reward and interim measures of protection (Government Decree 2005 17th) as follows: A, the second paragraph is amended as: "the Honorable mentioned in these measures refers to persons not in statutory duties, specific duties, for ongoing illegal and criminal acts or cases of sudden public events, for the protection of national and public interests or the legitimate rights and interests of others against or mitigate against and fight against criminal behavior or eliminate or mitigate unexpected public incidents of behavior.

    ” Second, the article is revised as follows: "incentives and protection for the VFF imposed Government and community participation, the principle of combining moral encouragement and material rewards.

    ”

    Third, the addition of an article, as the fourth: "VFF rewards and protection by municipal and district (city, County) shall be responsible for, and levels for comprehensive management of social security institutions are responsible for organizing, coordinating, directing, righteous public institutions established by law (hereinafter ' heroic body ') in accordance with the provisions of its Statute and the daily work related to entrusted by the people's Governments at the corresponding level. Financial, administration of Justice, civil affairs, public security, health, human services and social security, education, industry and commerce, taxation, auditing and other departments and disabled persons ' federations shall, in accordance with their respective responsibilities, to protect good Samaritan Award and related work.

    ”

    Four, fourth as the 24th, is revised as follows: "establishment of volunteer special funds. Cities and districts (cities and counties) should be combined with administrative areas of the good Samaritan Award and the protection under practical, righteous special funding added to the financial budgets.

    ”

    Five, delete article fifth.

    In article VI of the Nineth "police station" is amended as "police", "Street and township (town) people's Government" is amended as "the township (town) people's Government, the community management".

    The Nineth and other articles in the "Office of the good Samaritan" is amended as "heroic".

    Seven, tenth paragraph amended as: "the VFF verification confirmed according to the following provisions:

    (A) social impact, foreign VFF and you want to grant ' special contribution award in Guiyang heroic ' and ' advanced elements of Guiyang heroic ' honor by the municipal good Samaritan in accordance with procedures provided; (B) except as provided in paragraph one of this article the first VFF other than from district and County (City) heroic institution in accordance with the prescribed procedures shall be followed.

    ”

    The tenth article of the "good Samaritan Award and Protection Committee members" changed into "units".

    Eight, 14th amendment: "awarded to the VFF, according to no less than the following standards:

    (A) makes national, and public interests or others lawful rights and interests of from major loss, deeds special highlight of, grant "Guiyang heroic special contribution Award", issued honors certificate, one-time to bonus 50,000 yuan; sacrifice of, one-time to bonus 250,000 yuan; for heroic disability completely lost labor capacity of, one-time to bonus 150,000 yuan; was grant "Guiyang heroic special contribution Award" of heroic personnel, enjoy this city city level model workers of related treatment; (B) to enable national and public interests or the legitimate rights and interests of others against or mitigate loss had outstanding performance and significant contributions to the, awarded the "advanced elements of Guiyang City, heroic" honorary title of certificate issued by, a one-time bonus of 30,000 yuan.

    Disabled by injuries from good Samaritans, reached category five (with five) disability standards above, a one-time bonus of 30,000 yuan; disability level five, respectively, in accordance with the six-class 25,000 yuan, seven 20,000 yuan, eight levels of 15,000 yuan, nine-10,000 yuan, ten-level standard of 5,000 yuan, a one-time bonus; (C) highlight and make greater contribution to the heroic deeds, and give notice of recognition, depending on the contribution of a one-time bonus of 2,500 Yuan to 10,000 yuan.

    ”

    Nine, and will 15th article in the of "City Government approved" modified for "City Government approved implementation", "City Award and protection work Committee approved" modified for "city heroic institutions implementation", "city, and district, and County (City) heroic Award and protection work Committee by heroic personnel verification confirmed jurisdiction be approved" modified for "by heroic behavior occurred to of district, and County (City) heroic institutions implementation".

    Ten articles, and the 16th in the "police stations or neighborhood offices and township (town) people's Government" is amended as "public security organs, the township (town) people's Government or community services management".

    The third article of the 17th, the fourth and 23rd in the "reward money" changed into "special funds". 17th article is revised as follows: "identified by city-level medical institution, belonging to the costs incurred by diseases caused by non-heroic, prescribed in the preceding paragraph shall not apply.

    ”

    12, 18th article is revised as follows: "good Samaritan wounded another person, in accordance with the following provisions:

    (A) meet the conditions for evaluation of residual, in accordance with the relevant regulations.

    (B) confirmation by the city-level work competency expertise on institution, any of the following circumstances, his domicile or good Samaritans happened to the district or County (City) departments of civil affairs in accordance with the following standards, its capital requirements in accordance with the relevant provisions of the local district and County (City) financial implications:

    1. loss of ability to work, according to local minimum living standard 180% to the cost of living; 2. partial loss of ability to work, according to local minimum living standard 150% to the cost of living.

    ”

    In the first paragraph of article 13, the 19th "of personnel, labor and Social Security Department" amended to "human resources and Social Security Department".

    The 19th article of the "civil affairs departments should give priority placement to home employment in welfare enterprises" is amended as "Civil Affairs, such as human resources and Social Security Department and the Federation of the disabled should be given priority to recommend whatever work."

    The 19th article of the "VFF household belong to the city" changed into "VFF residence belonging to the city and meets the conditions for subsistence allowances".

    Chapter 14, fourth-modify the title to "Fund". XV, 25th is revised as follows: "encouraging special funds raise heroic.

    Good Samaritan special fund raising through:

    (A) funding: municipal fiscal year is set at 500,000 yuan, area (city, County) annual Special Fund of 300,000 yuan heroic, respectively, incorporate the budget allocated in place;

    (B) donations;

    (C) the Honorable organizations raise;

    (D) the good Samaritan special funds deposit interest. Righteous special funding sufficient to ensure good Samaritan Award and protection works properly initiated, the municipal, district (city, County) budget when additional requirements should be supplemented.

    ”

    16, delete article 26th.

    17, 27th revised as "municipal, district (city, County) Honorable institutions according to law and the articles of Association in accordance with the heroic raised special funding, management and use of heroic. Connection management, use of special funds shall be subject to financial and auditing departments at the same level and social supervision, and announced to the public on a regular basis its use.

    ”

    In article 18, the 28th "reward money" changed into "special funds".

    19, according to the above changes, corresponding adjustments to some of the provisions of the order. This decision shall come into force as of the date of. 

    The Guiyang City, good Samaritan Award and interim measures of protection pursuant to the present decision as consequential amendments promulgated anew.

    PS: good Samaritan award in Guiyang and interim measures for the protection of 2012 (revised) (November 1, 2005 Executive meeting of the municipal people's Government, through, released Government Decree on December 7, 2005 17th, according to Government Decree 2012 17th Guiyang City, the Guiyang municipal people's Government on the amended good Samaritan Award and the decision of the interim measures for the protection of Amendment)

    Chapter I General provisions

    First in order to build a harmonious socialist society, promoting social justice, reward VFF, protect the legitimate rights and interests of VFF, pursuant to the relevant laws and regulations, combined with the city's actual, these measures are formulated. Second approach applies within the administrative area of the city of heroic acts of reward and protection.

    Otherwise provided by laws and regulations, from its provisions.

    Honorable mentioned in these measures refers to persons not in statutory duties, specific duties, for ongoing illegal and criminal acts or cases of sudden public events, for the protection of national and public interests or the legitimate rights and interests of others against or mitigate against and fight against criminal behavior or eliminate or mitigate unexpected public incidents of behavior.

    Third Prize to the VFF and the protection of Government-led and community participation, the principle of combining moral encouragement and material rewards.

    Fourth VFF rewards and protection by municipal and district (city, County) shall be responsible for, and levels for comprehensive management of social security institutions are responsible for organizing, coordinating, directing, righteous public institutions established by law (hereinafter "honorable institution") in accordance with the provisions of its Statute and the daily work related to entrusted by the people's Governments at the corresponding level.

    Financial, administration of Justice, civil affairs, public security, health, human services and social security, education, industry and commerce, taxation, auditing and other departments and disabled persons ' federations shall, in accordance with their respective responsibilities, to protect good Samaritan Award and related work. Article news media shall strengthen the publicity of the connection.

    Publicity heroic deeds should be objective and accurate.

    VFF or family secrets of heroic deeds from their will.

    Chapter II recognition and awards

    Sixth, one of the following circumstances, recognized as the VFF:
(A) in the State, public interest or when the ongoing unlawful infringement of the legitimate rights and interests of others, to come forward and protect or trying to rescue;

    (B) the initiative to assist the police and judicial authorities hunt for fugitives or criminal suspects, had outstanding performance;

    (C) exclude unexpected public incident damage, regardless of personal safety, to come forward and protect national and public interests or the legitimate rights and interests of others against or mitigate the damage and outstanding performance;

    (Iv) other outstanding performance in maintaining social order and prevent crime.

    Article seventh VFF based on their performance and contribution to single or multiple of the following awards:

    (A) inform praise;

    (B) award;

    (C) awarded the "advanced elements of Guiyang City, heroic," the honorary title;

    (D) awarded the "heroic in Guiyang special contribution Award" honors.

    Confirm the Declaration article eighth VFF, from units or individuals to act in the public security organs and township (town) people management, community service agencies, by the public security organs and township (town) people management, community service agencies to the good Samaritan, where bodies declared.

    VFF confirmed report shall, within 60 days from the date of occurrence made, special conditions can delay the 30th.

    Verification to confirm the Nineth VFF in accordance with the following provisions:

    (A) social impact, foreign VFF and you want to grant "heroic, Guiyang special contribution Award" and "advanced elements of Guiyang City, heroic" honor by the municipal good Samaritan in accordance with procedures provided;

    (B) except as provided in paragraph one of this article the first VFF other than from district and County (City) heroic institution in accordance with the prescribed procedures shall be followed. Verification confirmation VFF should seek the views of relevant units and experts.

    Verification of evidence, investigators shall show their certificates, the authorities concerned should actively cooperate with, truthfully provide the information requested in accordance with the verification Department.

    Tenth District and County (City) of good Samaritans received confirmed report of VFF, honorable institution, belongs to, you should receive a confirmation within 5 working days from the date of the Declaration, honorable institution, transfer, and notify the applicant.

    Honorable institutions can work, will belong to this institution confirmed the VFF, assign the district and County (City) honorable institution. 11th Honorable institutions should be declared in the VFF received confirmation within 30 working days from the date of completion of the verification confirmation work. Belongs to the good Samaritan for confirmation; meets the conditions for good Samaritan award, shall be awarded.

    Does not belong to or, having but belongs to the heroic good Samaritan award conditions are not met, shall make a decision within 15 working days from the date notified the applicant, and interpretation.

    District and County (City) Honorable recognition and rewards, should be submitted to the municipal good Samaritan filings.

    12th applicant disagrees with the recognition and rewards for heroic decisions shall, within 15 working days after receiving notification of the decision bodies for the review of the heroic; still disagrees with the review decision, after receiving the review decision within 15 working days of up heroic bodies apply for reconsideration.

    Review, review of decisions should be made within 30 working days from the date of receipt of the application and inform the applicant.

    13th awards to the VFF, according to no less than the following standards:

    (A) makes national, and public interests or others lawful rights and interests of from major loss, deeds special highlight of, grant "Guiyang heroic special contribution Award", issued honors certificate, one-time to bonus 50,000 yuan; sacrifice of, one-time to bonus 250,000 yuan; for heroic disability completely lost labor capacity of, one-time to bonus 150,000 yuan; was grant "Guiyang heroic special contribution Award" of heroic personnel, enjoy this city city level model workers of related treatment; (B) to enable national and public interests or the legitimate rights and interests of others against or mitigate loss had outstanding performance and significant contributions to the, awarded the "advanced elements of Guiyang City, heroic" honorary title of certificate issued by, a one-time bonus of 30,000 yuan.

    Disabled by injuries from good Samaritans, reached category five (with five) disability standards above, a one-time bonus of 30,000 yuan; disability level five, respectively, in accordance with the six-class 25,000 yuan, seven 20,000 yuan, eight levels of 15,000 yuan, nine-10,000 yuan, ten-level standard of 5,000 yuan, a one-time bonus;

    (C) highlight and make greater contribution to the heroic deeds, and give notice of recognition, depending on the contribution of a one-time bonus of 2,500 Yuan to 10,000 yuan.

    Article 14th VFF grants "special contribution award in Guiyang heroic", should be brought to the municipal people's Government for approval; VFF awarded "advanced elements of Guiyang City, heroic" honor by the municipal good Samaritan institutions; 13th article of these measures provide rewards to the VFF, occurred from heroic to the district or County (City) Honorable institutions.

    Chapter III protection of 15th injuries from good Samaritan needed treatment, by public security organs, the township (town) people management or community service agencies and hospital nearby.

    Medical institutions shall immediately treatment good Samaritan wounded personnel, unable to continue treatment in medical institutions of initial reception, qualification should be promptly transferred to the appropriate diagnosis and treatment of medical treatment.

    Medical institutions presenting good Samaritan wounded personnel, no prevarication, denial, delay for any reason. 16th good Samaritan wounded people need emergency or hospitalization, waiving registration fees, examination fees, blood transfusion fees, inspection fees, bed, save costs, operation fees.

    Other medical expenses in accordance with the following provisions:

    (A) borne by the perpetrator according to law;

    (B) the beneficiary shall bear;

    (C) funded by the units;

    (D) lack of wounded officers could not afford part or heroic, paid from the heroic special funds.

    Identified by the identification of city-level medical institutions, are the costs incurred by non-heroic cause diseases, prescribed in the preceding paragraph shall not apply. Article 17th good Samaritan wounded personnel belonging to State organs, public organizations and business, enterprises (including State-owned enterprises, joint ventures, private enterprises and other economic organizations) staff, in accordance with the work-related injury.

    Good Samaritan wounded in addition to enjoy the benefits of country-related injuries, but also enjoy the good Samaritan award as provided herein and related treatment.

    Good Samaritan wounded another person, in accordance with the following provisions:

    (A) meet the conditions for evaluation of residual, in accordance with the relevant regulations.

    (B) confirmation by the city-level work competency expertise on institution, any of the following circumstances, his domicile or good Samaritans happened to the district or County (City) departments of civil affairs in accordance with the following standards, its capital requirements in accordance with the relevant provisions of the local district and County (City) financial implications:

    1. loss of ability to work, according to local minimum living standard 180% to the cost of living;

    2. partial loss of ability to work, according to local minimum living standard 150% to the cost of living.

    18th State organs, bodies and institutions, enterprises, recruiting staff, under the same conditions shall be Alumni preference for heroic sacrifices or the immediate family members of disabled people, heroic, human resources and social security departments should give priority to recommendations.

    Disabled due to heroic total disability, family support there is difficulty in VFF, applications for themselves or their immediate family members, has the ability to work on job-seeking immediate families, civil affairs, human resources and Social Security Department and the Federation of the disabled should be given priority to recommend whatever work.

    Due to heroic sacrifice or maimed total disability of the VFF, supported by their relatives without the ability to work and have no other source of income, VFF residence belonging to the city and is consistent with the low condition, domicile by the VFF civil affairs departments in accordance with the relevant provisions included in the low range, dependent relatives shall distribute living expenses to VFF.

    Article 19th heroic sacrifice who meets the conditions for ratification of martyrs, the municipal good Samaritan agencies handle the related formalities of civil affairs departments.

    Disability due to heroic, in line with the handle the social documents of persons with disabilities, the departments concerned should be given priority.

    20th righteous rewarded people, heroic sacrifices or disabling of immediate family members engaged in the non-public sector of the economy, taxation, industry and Commerce departments should give priority to the production and operation of formalities, exemption tax according to law.

    21st article heroic Alumni personnel, and heroic sacrifice or disability personnel of children or by its dependent of brother, and sister life does have difficult of, by district, and County (City) heroic institutions issued proved, in compulsory education stage, school should from tuition; participate in tests, and entrance of, equal conditions Xia, municipal big, and secondary college, and high school should priority admitted, and relief tuition; pass non-municipal big, and secondary college of, by city heroic institutions one-time give tuition grants. Article 22nd of innocent third party economic loss due to good Samaritan, third party beneficiaries shall be filed without fault recovery.

    No beneficiary, the applications by the VFF, you can give special funds from the heroic innocent third parties does not exceed compensation for direct economic loss of 60%. 23rd public security organs shall take effective measures to strengthen the security of the connection and their immediate family members.

    Good Samaritan litigation requires legal aid, legal aid institutions should provide legal aid to VFF.

    The fourth chapter funding

    Special funds established under article 24th heroic.

    Cities and districts (cities and counties) should be combined with administrative areas of the good Samaritan Award and the protection under practical, righteous special funding added to the financial budgets. 25th to raise righteous special funds shall be encouraged.

    Good Samaritan special fund raising through:

    (A) funding: municipal fiscal year is set at 500,000 yuan, area (city, County) annual Special Fund of 300,000 yuan heroic, respectively, incorporate the budget allocated in place;

    (B) donations;
(C) the Honorable organizations raise;

    (D) the good Samaritan special funds deposit interest.

    Righteous special funding sufficient to ensure good Samaritan Award and protection works properly initiated, the municipal, district (city, County) budget when additional requirements should be supplemented.

    Article 26th city and area (city, County) Honorable institutions according to law and the articles of Association in accordance with the heroic raised special funding, management and use of heroic.

    Connection management, use of special funds shall be subject to financial and auditing departments at the same level and social supervision, and announced to the public on a regular basis its use.

    27th heroic use of special funds:

    (A) reward VFF;

    (Ii) condolences to heroic sacrifice, disabled persons or their relatives;

    (C) according to the heroic sacrifice of this approach, disabled persons, or their relatives, grant;

    (D) special funds paid pursuant to this regulation by the heroic good Samaritan medical expenses of injured personnel;

    (E) other good Samaritan Award and protect spending.

    The fifth chapter by-laws 28th article of the rules take effect on February 1, 2006.