The Veteran's Place In Shaanxi Province Ordinance Means

Original Language Title: 陕西省实施《退役士兵安置条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379332.shtml

The veteran's place in Shaanxi Province Ordinance means

    (2012 19th meeting consideration of Shaanxi Provincial people's Government of Shaanxi Province, on November 9, 2012 the 163th release come into force on the date of promulgation) directory

    Chapter I General provisions

    Chapter II veterans receiving

    Chapter III employment and education and training

    The fourth chapter organization of work

    Chapter fifth retirement and dependent

    The sixth chapter insurance continuation

    The seventh chapter legal liability

    The eighth chapter by-laws

    Chapter I General provisions

    Retired soldier placed first in order to implement the Ordinance to protect veteran's legitimate rights and interests, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province receiving, resettling ex-soldiers working to apply this approach.    

    Article ex-soldiers in these measures refers to in accordance with the provisions of the regulations of the people's Liberation Army soldiers in active service retire from conscripts and NCOs. Fourth people's Governments above the county level shall strengthen leadership placed in jobs for ex-soldiers.

    Leading group for retired soldiers placed the people's Governments above the county level responsible for the veteran's placement of coordination, guidance and supervision. Veteran's placement of fifth provincial administrative authorities are responsible for the resettlement of demobilized soldiers in the province. City divided into districts, counties (cities and districts) Administrative Department for retired soldiers placed under the resettlement of retired soldiers responsible for the administration.

Province and District Department of veteran's placement of the municipal administration, can receive units vested in the resettlement of demobilized soldiers, and dispatched their respective administrative areas.

    Education in the people's Governments above the county level, industry and information technology, public security, finance, human resources and social security, Ministry of land and resources, housing and urban-rural construction, agriculture, forestry, the State-owned assets management, taxation and industrial and commercial administration, agencies and other departments shall, within their respective mandates, retired soldier resettlement work.

    Sixth former soldiers placed to support employment-oriented, independent employment, organisation of work, retirement, support and other means, uphold the principle of urban-rural integration and key places. Seventh State organs, social organizations, enterprises and institutions have the obligation to receive the ex-soldiers in the enrollment when hiring staff or hired workers, under the same conditions should give priority to recruiting hired ex-soldiers.

Retired soldiers to apply for civil service and to apply for positions in public institutions, experienced as a grass-roots work experience of active service in the army.

    State organs, public organizations, public institutions and State-owned and State-controlled capital dominated by State-owned enterprises, the Government's distribution of ex-soldiers should be received in a timely manner and schedule posts.

    Article eighth ex-soldiers shall comply with the provisions relating to veteran's place, follow the Government's placement.

    Nineth people's Governments at various levels make outstanding contributions to the veteran's placement of units and individuals, recognition and rewards.

    Chapter II veterans receiving

    Article tenth veterans placed the people's Governments above the county level administrative departments to meet the required conditions of ex-soldiers, should be based on the veteran's placement of administrative authorities and the retired soldiers of the Chinese people's Liberation Army General staff to develop annual transfer is received.

11th veteran's place for the residence of ex-soldiers into the army.

    Recruitment are students from colleges in the ex-soldiers, discharged do not resume their studies, their placement for the residence prior to enrollment.

12th retired soldier, one of the following circumstances, and relocation:

(A) the parents change of residence for the period of active service, can parents residence placement;

(B) consistent with the provisions relating to active-duty soldiers the army to marry and married for 2 years, can be a spouse or a spouse parents residence placement;

(C) because of other special circumstances, the Army Division (Brigade) level certified, retired soldier resettlement administration by the people's Governments above provincial level authorities approved the relocation.

Across province easily placed of retired soldiers, by province retired soldiers placed work administrative competent sector approved Hou handle related procedures; province within across set district of city easily placed of retired soldiers, by received to set district of city retired soldiers placed work administrative competent sector approved Hou handle related procedures; set district of city across County (city, and district) easily placed of retired soldiers, by received to County (city, and district) placed work administrative competent sector approved Hou handle related procedures.

    Easily receive demobilized soldiers to enjoy equal treatment and resettlement of ex-soldiers.

    13th retired soldiers have one of the following, according to application, by the provincial people's Government, veteran's placement of Administrative Department in accordance with the principles in favour of veteran's life to determine their placement:

(A) disability;

    (B) active service during peacetime was awarded two merit awards above or won more than three order of merit award during the war;

(C) children of martyrs;

    (D) the death of their parents.

14th independent employment of ex-soldiers working conditions and in accordance with the arrangements of the compulsory military service shall be from the date it was approved to retire in the 30th, retire from documents, administration of introduction to the placing of retired soldier resettlement report to the Administrative Department of the people's Governments at the county level. Clothing active full 12 years of Sergeant, and clothing active discontent 12 years but clothing active during won II, work above award of Sergeant, and for war was named 5 to 8 level disability grade of Sergeant and national provides should concentrated transfer of other personnel, holding received placed notice, and exit active documents and forces administrative introduction, in provides time within to specified of placed to Government retired soldiers placed work administrative competent sector report.

Retired soldiers to receive the notice by the province people's Government issued the competent administrative Department for resettlement.

    Retirement, provide for ex-soldiers should be to determine the placement of retired soldier resettlement report to the Administrative Department of the people's Government.

    15th retired soldier resettlement work after receiving veteran's file transfer by the Administrative Department shall, after ex-soldiers to report in time for its issue notice of ex-soldiers settled in; ex-soldiers held above the county level people's Government settled veteran's certificate issued by the competent administrative Department for job placement notice to the designated public security authorities for registration, the public security organs should be handled in a timely manner.

16th independent employment and the Organization of work of the veteran's records, by the settlement veteran's placement of administrative authorities in accordance with national archives and records administration regulations.

    The veteran's archive of the retire, dependent, administrative departments placed in jobs by the placement of demobilized soldiers hand over service management unit.

    17th retired or serving soldiers and with issues relating to the placement, in accordance with the provisions of the regulations of the ex-soldiers placed 16th.

    18th retired soldier does not report within the prescribed time without good reason than 30th, considered on its own treatment of abandoned places.

    Chapter III employment and education and training

19th retired soldier belongs to one of the following, by placing the County (city, district) people's Government supported self-employment:

    (A) Organization of work, retirement, dependent and other conditions are not met, and (b) in accordance with arrangements for working conditions, but retired at the choice of self-employment.

20th independent employment of ex-soldiers discharged, placed by the County (city, district) people's Government in accordance with the criteria set by the provincial government to its subsidy in one lump sum.

Subsidy in one lump sum by the province, city divided into districts, counties (cities and districts) Government commitment to specific standards and system, by veteran's placement of administrative departments of the province, in conjunction with provincial financial departments to develop, the provincial people's Government promulgated and implemented.

    Subsidy in one lump sum in accordance with the regulations of the State shall be exempt from personal income tax.

21st independent veterans received the honorary title of employment or service, by placing people's Government in accordance with the following additional one-time economic benefits:

(A) by the Central Military Commission, the military district-level unit honorary title, or awarded the merit citation, issue 15%;

(B) was awarded the second order of merit, issue 10%;

(C) won three order of merit, an additional 5%.

Won the honorary title of retired soldiers or meritorious service, in accordance with one of the highest awards of the proportion of SEO, SEO in one lump sum grant.

    Self-employed retired NCO financial aid according to the service life shall be proper SEO.

22nd independent employment of ex-soldiers ex-1 year, can be identified by the relevant departments of the provincial government and training institutions receive free vocational education and skills training; training for a minimum period of 3 months, maximum of 2 years.

Vocational education and skills training by retired soldiers placed the people's Governments above the county level administrative departments according to the veteran's choice of a unified organization.

Demobilized soldiers vocational education and skills training places take part from provincial districts of the city and County (city, district) people's Government share the responsibility.

    Independent employment of ex-soldiers, retired more than 1 years participating in vocational education and training, in accordance with the relevant provisions of the State and the province.

23rd public employment service agencies organized by the people's Governments at various levels, should be free for retired soldiers to provide file management, placement and career guidance services.

    Encourages other human resources services provide free services for retired soldiers.

24th independent employment of ex-soldiers participating in the State organs, public organizations and institutions when recruiting civil servants, hiring staff, should be appropriate to relax the entry qualifications, and give extra points to the following benefits:

(A) access to Central Military Commission awarded the honorary title of 20 points, won the army military grade unit title of honour or award merit added 15 points, won the second 10 points, won three order of merit for 5 points;

(B) 10 points enlisted after graduating from College, and 5 enlisted after graduating from college;

(C) each extended active duty for a year and 1.

    Awarded many honorary titles or meritorious demobilized soldiers, according to the highest level.
25th for self-employed self-employed retired soldiers, in accordance with the relevant provisions of the State tax credit, micro-lending support, engage in profit the financial interest of the project.

Self-employed self-employed retired soldiers, unless restricted by the State sector, from its industrial and commercial administrative departments within 3 years from the date of initial registration, waiving management, registration and license such administrative fees.

    Provisions of the preceding paragraph, otherwise provided by laws and regulations, from its provisions.

    26th independent employment of ex-soldiers into the army was before State organs, social organizations, enterprises and institutions working workers or workers, discharged in the Organization of work within the time frame stipulated by the State, can choose to be reinstated to return to work, their wages, benefits and other benefits shall not be less than the personnel of the unit under the same conditions. 27th article army Qian has was General College admitted and retained entrance qualification or is General College School of retired soldiers, exit active Hou 2 years within allows entrance or school, and according to national about provides enjoy scholarship, and grants and relief tuition, preferential treatment, family economic difficult of, according to national and this province about provides priority give funding; entrance Hou or school during can so as not to repair public sports, and military skills and military theory, courses, directly get credits; entrance or school Hou participate in defense health selection, and

    Participation in national organizations of rural grass-roots services candidate selection, and after graduation to attend officer candidate selection, preference.

    28th independent employment of ex-soldiers into the middle vocational school, apply for adult colleges and universities or colleges, in accordance with the relevant provisions of national and provincial enjoy the discount.

29th article independent employment of retired soldiers army Qian through family contracting way contracting of rural land, Contracting period within shall not illegal recovered or forced circulation; through tender, and auction, and public consultations, non-family contracting way contracting of rural land, Contracting period within its family members can continues to contracting; contracting of rural land was law levy, and expropriation or occupied of, and other rural collective organization members enjoys equal right.

    Independent employment of ex-soldiers back to the army account's local area, are members of the rural collective economic organization but there is no contract of rural land may apply for contracting of rural land, village committees or villager groups should be a priority.

    Article 30th with working abilities of disabled ex-soldiers, priority employment of persons with disabilities under the national and provincial preferential policies.

    The fourth chapter organization of work

31st retired soldier in line with one of the following conditions, arranged by the Government:

(A) depictions of 12 years of active duty;

(B) active service during peacetime was awarded the second above or won more than three order of merit award during the war;

(C) war disability was rated grade 5 to grade 8 grade of disability;

(D) children of martyrs.

    Meet the conditions prescribed in the preceding paragraph of ex-soldiers, won the second-class service above, has won three order of merit awards, active service or in difficult places, special positions, giving priority to work.

    Article 32nd provincial districts of the city and County (city, district) people's Government, in accordance with the national defence obligation to balance the principle of burden, hierarchical accountability in line with arrangements for working condition of ex-soldiers working arrangements to ensure their employment for the first time.

    Article 33rd veterans placed the people's Governments above the county level administrative departments, should be under the level issued by the Administrative Department for retired soldiers placed under the veteran's organization of work tasks, determine the people's Governments at the corresponding level ex-soldiers with a work assignment.

Article 34th Shan organizations directly under the Central Government in Hong Kong, enterprises and institutions and provincial government agencies, social organizations, enterprises and institutions (including subordinate units of the vertical management system), organized veteran's work plan, handed down by the provincial government; veteran's organization of work procedures by the provincial people's Government, veteran's placement of administrative authority.

Districts of cities and counties (cities, districts) of State organs, social organizations, enterprises and institutions of the veteran's organization of work plans, city divided into districts and the County (city, district) people's Government ratings issued; veteran's organization of work procedures by the districts of cities and counties (cities, districts) administrative authority of retired soldiers placed under.

    On the arrangement of ex-soldiers working tasks of the County (City), the upper-level people's Governments in the integrated within their respective administrative areas.

35th State organs, social organizations and institutions should be based on job demands and situations, giving priority to recruiting and hiring of retired soldiers eligible for Government work, specific measures in the light of the central State organs, social organizations and regulations of the institutions receiving demobilized soldiers. State-owned, dominated by State-owned and State-owned capital enterprises, receives job conditions that year the number of demobilized soldiers, placed in jobs by the ex-soldiers working conditions in compliance with the arrangements for the Executive Department veterans of number and total number of employees identified.

Number of businesses do when retired soldiers should not be higher than the total number of employees 1, enterprises with less than 100 employees, can be arranged in alternate years.

    Human resources and social security, the State-owned assets management departments at all levels should provide relevant information in a timely manner, guarantee of veteran's organization of work eligible for Government work plan and implementation of the post.

Article 36th place people's Governments shall receive demobilized soldiers within 6 months, complete the year task of retired soldiers.

    Of retired soldiers to be eligible for Government work during the placement shall not be less than the local minimum living standard of the people's Government, on a monthly or a one-time grant of subsistence allowance.

Article 37th arrangement of demobilized soldiers work units should be completed on time schedule issued by the people's Governments of ex-soldiers working tasks, shall not receive Veterans Services Agency. Take on the assigned units of retired soldiers work in veteran's placement of administrative departments should work out arrangements within 1 month of the notice to arrange ex-soldiers to work, and demobilized soldiers law term of not less than 3 years of labour contracts or employment contracts; when the contracts end renewed units should give priority to sign new employment contracts with the ex-soldiers.

Take on the assigned units of retired soldiers work of downsizing, should give priority to retain ex-soldiers.

    Contract duration units closed by law, bankruptcy and restructuring, ex-soldiers and other personnel of the organization with the implementation of the relevant provisions of the State.

    Article 38th arrangement of demobilized soldiers work units should the veteran's residence near their posts and not across provinces, districts, ex situ arrangements of induction, but they need to change arrangements, should ask the Veterans agree.

    39th by ex-soldiers of the people's Governments, active service life and consistent with the provisions of the regulations of the ex-soldiers placed arrange working time for the service, enjoy the same conditions of personnel salaries and benefits.

    40th non-retired soldier I reason, not as regulated ex-soldiers to work in the receiving unit should be opened from the Administrative Department for retired soldiers placed under notice of organization of work in the month, according to no less than the standard monthly average wage workers the same conditions 80% to ex-soldiers living up to their posts.

Disabled ex-soldiers of the 41st on the Organization of work, the unit shall not be due to their disability and termination of labor relations or human relations.

    Jobs for Veterans disabled by war, business, access to injured personnel and organization of living benefits and medical care.

Retired soldiers of the 42nd in line with organization of work conditions without good reason, one of the following circumstances, considered giving up work treatment:

(A) report to the resettlement Department and in accordance with the provisions for more than 30 days;

(B) refuses to obey the competent administrative Department of retired soldier resettlement work;

(C) Veterans job placement job notices sent out by the Administrative Department (the postmark date shall prevail) within 60 days after, not ex-soldiers placed competent administrative Department for organization of work procedures;

(D) the processing work procedures, not the prescribed time limit to take on the assigned ex-soldiers work in their reporting tasks.

    Meet the conditions for organization of work ex-soldiers in the Organization of work during the are held criminally responsible, canceled its arrangement work.

    Chapter fifth retirement and dependent

Article 43rd mid-level noncommissioned officers in line with one of the following conditions, as a retirement place:

(I) over the age of 55;

(B) after 30 years of active service;

    (C) war, incurred disabilities classified as grade 1 to grade 6 grade of disability;

(D) military hospital certificates and health departments at and above the Corps level verification of incapacity due to illness.

    Mid-level noncommissioned officers were classified as disabled by war from level 5 to level 6 levels of disabilities, I voluntarily give up retirement place, selected by the people's Governments, according to the fourth chapter the provisions in these procedures.

44th veteran's placement of administrative departments under the people's Government, the State retirement officers placement, set retired Sergeant profiles, validation place of verification to develop retired noncommissioned officer to receive the plan in the province, issued a retired noncommissioned officer to receive the task.

City divided into districts and the County (city, district) Administrative Department for retired soldiers placed under, should be based on the people's Governments at the Veterans Administrative Department of retired officers to receive the resettlement plan, this retired noncommissioned officer to receive the scheme, issued a retired noncommissioned officer to receive the task.

City divided into districts and the County (city, district) Administrative Department for retired soldiers placed under, should be in accordance with the relevant provisions of national and provincial retired noncommissioned officer to receive the procedure.

    Retired service management body of retired cadres, receiving veteran's certificate issued by the competent administrative Department for placement to receive the notice, shall promptly receive retired noncommissioned officers, and responsible for its service and management.

45th was rated as level 1 to level 4 levels of disabilities of conscripts and junior Sergeant discharged, provided for by the State for life.

    Due to wars, attributable to disabilities classified as grade 1 to grade 4 grade of disability more than mid-level noncommissioned officers, I voluntary give up retirement settlement, you have the option provided for by the State.

46th State support into centralized maintenance and decentralized support.

45th article of ex-soldiers of these measures, in line with one of the following conditions can be concentrated:

(A) since the disability requires constant medical treatment;

(B) require daily care and not easy to disperse dependent;
(C) alone, not easy to disperse to support them.

Except as provided in the preceding paragraph, other countries support condition of ex-soldiers and scattered support.

Of Veterans eligible for concentrated, I voluntarily concentrated, you can choose separately supply.

    Meet the concentrated conditions, disability, ex-soldiers, supported by their guardians to choose.

    47th concentrated retired soldier uniform designated by the provincial Department of Civil Affairs support institutions recuperation, rehabilitation and medical care.

48th noncommissioned officer retirement benefits in accordance with State regulations.

Disabled veterans under the servicemen's pension benefits Ordinance provisions, such as enjoying a disability pension.

    Separately supply level 1 to 4 disabled veterans nursing fee, in accordance with the servicemen's pension benefits Ordinance provisions.

49th retired noncommissioned officer and the State to provide medical insurance for demobilized soldiers, into the scope of placement to basic medical insurance. Medical insurance for retired noncommissioned officer, placed State Medicaid retired public servants, enjoy the same rank retired civil servant medical treatment; retired noncommissioned officers in the context of health insurance, and personal burden of medical costs more, by placing administrative Department for retired soldiers placed under appropriate subsidies.

Families of the retired Petty Officer (survivors) of no income, veteran's placement of administrative departments of the provincial approval of their families enjoy adequate medical assistance, survivors receiving appropriate medical and life benefits.

Countries provide for veterans health care and Medicaid for veterans with disabilities, in accordance with the relevant provisions of the State and province.

    Provincial medical insurance for retired non-commissioned, according to no less than State aid standard grant shortfall the city divided into districts and counties (cities, districts) people to share.

50th District of the city and County (city, district) people's Government shall be in accordance with State regulations give priority to retired Sergeant's housing problem.

    Separately supply the Veterans housing in accordance with the ex-soldiers placed 42nd of the fourth paragraph of article shall apply.

    51st concentrated retired soldier's life, such as housing and medical treatment, in accordance with national regulations.

    The sixth chapter insurance continuation

    52nd social security Administrative Department of the people's Governments above the county level shall be in accordance with the People's Republic of China Law on social insurance and the People's Republic of China military Insurance Act and the retired soldiers settlement Ordinance, competent administrative Department of people's Governments at the veteran's job placement, with the army's military insurance management, continuous work of veteran's social security.

    53rd in line with organization of work conditions and retirement selected when the Organization of the work of former soldiers, retired after giving up work, the continuation of social insurance relations, in accordance with the employment provisions of the veteran's social security accounts to continue processing.

    54th social insurance institutions, social insurance agencies shall provide the veteran with relevant laws, regulations and policy advisory services, for retired soldiers social insurance continuation procedures in a timely manner.

    The seventh chapter legal liability

55th veteran's placement of administrative departments and their staff, the unit involved in the veteran's place and his staff of any of the following acts, the competent authority shall order rectification, those responsible shall be given sanctions; those responsible constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) violation of approval of ex-soldiers placed treatments;

(B) is not in accordance with the provisions of retired soldiers placed the relevant procedures;

(C) in considering ex-soldiers placement proof of false identification,;

(D) deductions, misappropriation, misappropriation of ex-soldiers placed funds;

(E) the veteran's placement in the terms of reference to seek illegitimate interests;

    (Vi) any other violation of regulations on the placement of retired soldiers, damage the legal rights of the demobilized soldiers.

56th article received placed retired soldiers of units violation this approach of provides, has following case one of of, by Government retired soldiers placed work administrative competent sector ordered deadline corrected; late not modified of, on State, and social groups, and institutions main head and directly responsibility people law give disposition, on enterprise according to involved retired soldiers number multiplied by local Shang annual town workers average 10 times times of amount sentenced fine, and on received units and main head be informed criticism:

(A) refusal or undue delay in performing a task for people's Government ordered arrangement of ex-soldiers;

(B) failing to labor contracts, employment contracts with the ex-soldiers;

    (C) veterans with disabilities termination of labor relations or human relations.

    57th article bear arrangements retired soldiers work task of units, not consent of retired soldiers agreed, arrangements its easily induction, or not by this approach provides calculation retired soldiers length, and wage, and welfare treatment of, by Government retired soldiers placed work administrative competent sector ordered deadline corrected, and on units at 1000 Yuan above 20,000 yuan following fine, on units main head and directly responsibility people law give disposition, be informed criticism.

    Treatment of ex-soldiers resorting to deception to defraud placed 58th article, by placing administrative Department for retired soldiers placed under treatment of cancel placement.

    The eighth chapter by-laws

    59th herein apply to retired soldiers of Chinese people's armed police forces.

    60th of the veteran's placement regulations before the coming into force of the army, the purposes and demobilized soldiers, the implementation of this approach, I agree, can he enlisted in national and provincial regulations about the veteran's place. 61st purposes herein from the date of publication. May 11, 1990, Shaanxi Provincial people's Government issued the implementing rules of the Shaanxi Province (Shan Chief (1990), 89th) repealed simultaneously.