Administrative Measures For Rural Five-Guarantee Service In Lhasa

Original Language Title: 拉萨市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/201210/20121000377285.shtml

Administrative measures for rural five-guarantee service in Lhasa

    (July 5, 2012, Lhasa city people's Government, the 6th Executive Meeting July 13, 2012, Lhasa city people's Government announced 41st come into force on September 1, 2012) directory

    Chapter I General provisions

    Chapter services

    Chapter dependent objects

    The fourth chapter services

    The fifth chapter services staff

    The sixth chapter management

    The seventh chapter of the asset management

    The eighth chapter legal liability

    Nineth chapter by-laws

    Chapter I General provisions

    First to standardize the construction and management of rural five-guarantee services, increasing rural five guarantees support service levels, maintenance of rural five-guarantee the legitimate rights and interests, according to the State Council for rural five-guarantee work, the Ministry of Civil Affairs of the rural five-guarantee service regulations, the Tibet Autonomous Region, implementation of rural five-guarantee work Ordinance rules? this municipality actually, these measures are formulated.

    Second rural five-guarantee services (hereinafter services) refers to the County (district) people's Government civil affairs departments or township (town) people held for rural five-guarantee (hereinafter referred to as dependent objects) to NGOs to provide support services.

    Article five guarantees supporting in rural areas in this city work concentrated, dispersed support, supplemented by the principles, should be guaranteed, according to Shi Bao.

    Fourth municipal people's Government, the Home Department is responsible for the management of the municipal services.

    The County (district) people's Government departments of civil affairs in charge of the County (district) service management.

    The township (town) people's Government is responsible for own (town) service management.

    Financial departments should increase investment, construction, management and development of support services, funding and management of funds allocated to support objects in full and on time, and strengthen supervision and management of the use of funds.

    Audit Department shall audit the use of funds for services.

    Education Department services as primary and middle school students ' moral education base, organizations serving teachers and students offer service, and vigorously promote the respect for the old, traditional virtues of respecting and caring for the elderly, pension.

    Housing and urban-rural development, industry and commerce, taxation, land-resource planning, health, forestry, radio and television, running water, electricity, and other relevant departments will be expected to service construction and management policy concessions.

    Fifth article of the city to encourage social organizations and individuals to service agencies and dependent objects provide financial and material support and volunteerism.

    Chapter services

    Sixth municipal Civil Affairs Department should be in accordance with the geographical scope, factors such as population size and manpower arrangement services settings, perfect for rural five-guarantee service network. Counties (districts) should be at least one County services building. Support objects up to 50 of township (town), in principle, should be not less than by building a 40-bed service agencies at the township level; can also be based on the actual situation, United around the township (town) to build with a not less than 40-bed service agencies at the township level.

    Conditions, can also be based on the need to build villages?-level services. Article seventh County-level service organization established by the municipal Civil Affairs Department for approval, the County (district), local civil affairs authorities.

    Township-and village-level services from the County (district) people's Government Civil Affairs Department for approval to set up, where the township (town) people's Government head.

    Article eighth County-level and township-level service providers, shall handle the registration of legal persons in public institutions. Nineth services should be in accordance with the Civil Affairs Department of the relevant specifications, giving support to provide basic conditions of housing, furniture and emergency call facilities and barrier-free facilities.

    Among them, the per capita living area shall not be less than 15 square meters.

    Service Agency should be established to meet the needs of dependent objects of cultural and entertainment venues, with appropriate amenities and fitness equipment designed for the elderly.

    Article tenth service area and entertainment area, production and Management Division should be reasonable and meet the performance needs of living and production should be divided.

    Chapter dependent objects

    11th support voluntary admission institutions.

    Service agencies should give priority to receive the unable to take care of dependent objects and provides allowances.

    12th dependent objects to apply for service, which I apply, or the village where villagers ' committees for application, by the township (town) people's Government audit, County (district) Government Civil Affairs Department. 13th already living in service dependent objects to the application from service agencies, of which I applied, agreed by the service agency, Township (town) people's Government audit, County (district) Government Civil Affairs Department.

    Exit the service introduction of separately supply the dependent object, from the township (town) people properly rehoused, village where villagers ' committees are responsible for care. Article 14th service agencies must support or maintenance obligations who enter into a support services agreement for dependent objects. Agreements should include supporting standards, services, property disposal, dependent objects, and so on.

    Protocol format text formulated by the Municipal Department of civil affairs.

    15th conditions of treatment and nursing care of patients with mental illness, infectious diseases service, can receive the dependent objects suffers from mental illness, infectious disease, but should be introduced for barrier nursing.

    Dependent object suffers from mental illness, infectious diseases, if in a concentrated period seriously affected normal life in other dependent objects can be implemented separately supply from dependent objects of township (town) people's Government properly placed, the village where villagers ' committees are responsible for care.

    Article 16th on the premise to ensure the dependent object of concentrated demand, services can be separately supply the dependent object that provides temporary childcare, foster and other services, can partly be open to the public, carry out social services.

    17th service should be for dependent objects, archives, content including applications, the occupancy agreement and to provide health information and to provide for the object ID of the object (booklet), copy, photos and things to deal with contacts, and so on.

    The fourth chapter services 18th municipal people's Government should be combined with the actual development of rural five-guarantee of no less than State standards standards, and per capita living expenditure of rural households in the city's annual growth rate year by year.

    The County (district) people's Government can be combined with local conditions, not below that of the standard-setting rural five-guarantee criteria, and report to the Municipal Department of civil affairs?.

    Services shall be in accordance with city, County (district) people's Government develop standards of rural five-guarantee services for dependent objects.

    19th services should be provided for dependent objects in line with food hygiene requirements, national dietary habits, nutrition for supporting science diet.

    20th services shall annually provide the allotment in summer and winter the two sets of seasonally acquisitions, replacement clothing and other daily necessities.

    21st services should be guaranteed to provide sick could receive timely treatment, cared for the sick unable to take care of, special nursing and hospice care for those dying of the disease. Dependent objects to participate in agricultural and pastoral areas in the city where the health care system by which County (district) people's Government civil administration burden.

    Dependent object see the actual medical, agricultural and pastoral areas, costs are covered by the health care system, medical care system and medical insurance system to be fully protected.

    22nd services should be in accordance with national policies and local burial customs, properly handle the funeral for dependent objects.

    23rd under the age of 16 years of age or has reached the age of 16 are still in compulsory education of dependent objects, service shall be guaranteed in accordance with the relevant provisions of its compulsory requirements; support to secondary and secondary vocational education and higher education, in accordance with the relevant regulations of educational assistance.

    24th service agency should be to provide for not less than 50 Yuan a month pocket money.

    25th service should be according to the actual situation of nursing and healthcare services specification, nursing the physical condition of the object determine the appropriate level of care.

    Article 26th service agencies should be concerned about the mental health of dependent objects, provide mental health counselling services for dependent objects; organizations dependent objects of entertainment and learning activities according to the specialist, health conditions and wishes of the dependent objects, organizations involved in social welfare activities.

    The fifth chapter services staff

    27th Service staff including Dean, accounting, cashiers, nursing attendants, cooks, medics, custodians, etc.

    28th services nursing staff and dependent objects are equipped with no less than 1:10, which, unable to take care of dependent objects are outfitted with no less than 1:3. 29th County-level and township-level service organizations should be in accordance with the management of the institutions concerned provided and number of service objects, needs properly prepared staff.

    Career outside of other staff members, by the County (district) people's Government departments of civil affairs in conjunction with the relevant departments through the employment of public welfare position.

    Service organizations at the village level should be based on the number of clients, needs, equipped with a proper proportion of welfare workers.

    30th services staff should be passion for rural five-guarantee service business and dedicated to provide object services.

    31st the County (district) people's Government Civil Affairs Department of business services staff should be trained, certified until passing the examination.

    Article 32nd services staff should be recruited and a physical examination once a year to ensure that staff health, in conformity with the relevant requirements.

    The sixth chapter management

    33rd service agencies should carry out the responsibility system, clear job objectives and work requirements; establish responsibility, personnel management, records management, financial management, health management, traffic management, safety and security and internal management systems. 34th President of service institutions in charge.
President shall perform the following duties:

    (A) the organizations to implement national, State, and city of rural five-guarantee work, service management laws, regulations and policies;

    (B) organizations in the development and implementation of the service regulations, development plans and plans;

    (C) the Organization and implementation of the responsibility system, the implementation of management by objectives;

    (D) staff responsible for education, training, and management services. 35th service institution shall establish a Management Committee, comprising representatives from the dependent object delegates and staff. Among them, the dependent object represents the total number of members of the Management Committee should one-second.

    The Management Committee shall perform the following duties:

    (A) considered by the service rules and regulations and development planning;

    (B) important matters of research services, oversee the financial management of services and infrastructure projects;

    (C) supervise the work of Heads of service, staff;

    (D) assisting the head of service mediation contradiction dependent objects, organizations supporting a variety of cultural and recreational activities.

    In accordance with the needs of the Management Committee, you can clear division members, establish food service, sanitation, safety and security, members of the production and management and so on.

    36th service agency should be established to support the General Assembly and the public system, held quarterly Conference of the dependent objects, publish services financial payments and other important affairs concerning the vital interests of the dependent object as a whole, and accept the democratic supervision of the dependent object.

    37th services should take effective measures to guarantee the following security:

    (A) improve the service security system, to eliminate security risks to ensure that services and security;

    (B) fire safety in health services management system, in accordance with State regulations is equipped with fire-fighting equipment, enhancing fire safety inspections and fire education, ensuring that services fire safety;

    (C) regular inspection services facility, equipment, found safety hazards timely repairs, ensure service facilities, equipment safety;

    (D) strict enforcement of food safety laws, rules and regulations, strengthening food safety supervision and inspection to ensure that services food safety.

    Article 38th city, County (district) people's Governments shall incorporate the service management assessment of annual assessment of the people's Government.

    The County (district) people's Government civil affairs departments, Township (town) people's Government services should be annual assessment.

    Service Agency shall undertake an annual assessment of its staff.

    The seventh chapter of the asset management

    39th of municipal and County (district) people's Governments shall provide funding and services management of funds into the budget is guaranteed. Funding includes purchase of grain and oil, food, fuel, clothing, bedding and other necessities cost, pocket money and funeral expenses.

    Operating grants management including service agencies, staff wages and benefits, Service Office, utilities, maintenance (supporting), training of personnel, etc.

    40th services can develop agricultural production, expanding the scope of services, accept donations, increase service revenue, improve the living conditions of dependent objects.

    41st service to make use of the land, with housing, equipment, financial entities and other property, under service management according to law and use, no unit or individual may seize.

    Service agencies abolished or merged, it shall liquidate assets.

    42nd service institutions should strictly implement the relevant national institutions and financial management system, for funding, managing donated funds, social funds, income and all kinds of materials, such as special accounts management.

    Article 43rd head of the service, and accountants when auditing should be conducted.

    44th property of the dependent object needs to escrow, real estate escrow village by the villagers ' Committee, movable by the escrow service.

    After the death of a dependent object, heritage disposal in accordance with its agreement with service agencies.

    Minor dependent objects after 16 years of age, his or her personal property should be returned promptly, I.

    The eighth chapter legal liability

    45th of municipal and County (district) people's Governments and their departments and township (town) people's Government, of failing to perform their duties as provided herein, shall be subject to the charge of administrative sanctions.

    City, County (district) people's Governments and their departments, Township (town) people's Government staff in the management of service abuse, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 46th services, one of the following circumstances, criticism is given by their competent units, shall be ordered to correct causing serious consequences, for supervisors and persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) all administrative responsibilities and service obligations;

    (B) the occupation of dependent objects property;

    (C) dividing up, diverts the services property.

    47th services staff has one of the following, depending on the seriousness, by their criticism and education service agencies or authorities until an administrative sanction constitutes a crime, criminal responsibility shall be investigated in accordance with law:

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

    (B) the abuse, beatings, discrimination, abuse of dependent objects;

    (C) the property or service dependent objects of theft, embezzlement.

    48th dependent object has any of the following circumstances, whereby the service organizations criticized in serious, stop concentrated service constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) violation of service provision, disturb the normal order of life;

    (B) fighting causes physical harm to others;

    (C) the service of damage, theft, embezzlement or other dependent objects property.

    Nineth chapter by-laws 49th article of the rules take effect on September 1, 2012.