Qinghai Province, With Persons With Disabilities Regulations

Original Language Title: 青海省扶助残疾人规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369169.shtml

Qinghai province, with persons with disabilities regulations

    (December 28, 2011 in Qinghai province, the people's Government of the 94th General Meeting January 12, 2012, Qinghai province people's Government orders published since March 1, 2012, 89th) Chapter I General provisions

    First in order to safeguard the legitimate rights and interests of persons with disabilities, ensure equality for people with disabilities to participate fully in social life and share social material and cultural achievements, according to the People's Republic of China provisions of laws and regulations such as the protection of disabled persons Act, combined with the facts of the province, these provisions are formulated.

Article in the administrative area of the province support these provisions shall apply to persons with disabilities.

    Persons with disabilities with the People's Republic of China disability certificate (hereinafter referred to as the disabled card) enjoy preferential treatment to these provisions.

The third people's Governments above the county level shall strengthen leadership on AIDS of persons with disabilities, and implement the laws, regulations and policies on assisting persons with disabilities, to take specific measures to assist persons with disabilities, and constantly improve the quality of life of persons with disabilities.

People's Governments above the county level for persons with disabilities Committee is responsible for organizing, coordinating, directing, and urge the relevant administrative departments and public service units to work with persons with disabilities, to supervise and inspect the implementation of these provisions. The people's Government above the county level, finance, civil affairs, education, health, human resources and social security, housing and urban-rural construction, sports, family planning, poverty alleviation and other relevant administrative departments, shall, within their respective mandates, working with persons with disabilities.

Unit shall, in accordance with the regulations of the public service duties, responsibilities and obligations to fulfil with persons with disabilities.

    Delegate of the Federation of persons with disabilities in accordance with the relevant provisions or the people's Government at various levels, working with persons with disabilities, and to people's Government or the relevant administrative departments and public service units for their comments and recommendations for working with persons with disabilities.

Fourth to encourage various social welfare and charity organizations, the Federation of the disabled through a variety of forms, raising money for working with persons with disabilities and persons with disabilities in accordance with law.

    Lottery-level retention funds not less than 10%, for the development of rehabilitation of the disabled, education, job skills training, poverty alleviation, special relief, culture, sports, and so on.

    Article fifth encourages enterprises, institutions, social groups, social organizations and individual contributions and services to the disabled, handicap help residual activity.

    Chapter II the social security

Sixth people's Governments at various levels shall, in accordance with the principle to be made, would be in line with urban and rural minimum living conditions of persons with disabilities into the scope of protection of the family.

    Seriously disabled persons in urban and rural minimum living standard security objects by Shi Bao, based on enjoying classification Shi Bao relief and additional classified standard 50% rescue payment.

Seventh people's Governments above the county level labor nothing, no sources, no statutory maintenance obligations or the statutory maintenance obligations without the ability of persons with disabilities shall be in accordance with the regulations incorporated towns or rural five-guarantee of minimum life guarantee scope, priority access to social welfare institutions for support.

Not included in the minimum living standard security and five-guarantee and the seriously disabled persons with no income and live according to the relevant regulations of subsidy.

    Social assistance management organization begging should be interim relief for persons with disabilities. Eighth unit shall, in accordance with the relevant provisions of the State where the persons with disabilities and their participation in basic old-age pension, basic medical care, unemployment, work injury and maternity insurance.

People's Governments above the county level life is truly difficult to subsidize personal contributions of persons with disabilities.

    Participate in the new rural old-age insurance, urban residents in pension insurance, the new rural cooperative medical system and basic medical insurance for urban residents, people with disabilities, by the people's Governments above the county level in accordance with the relevant provisions, in whole or in part payment for social security costs shall be paid by the individual.

Nineth people's Governments above the county level shall improve the urban and rural poor living conditions of persons with disabilities. Implementation of the agricultural and pastoral areas renovate, priority should be given to family housing renovation housing difficulties of persons with disabilities. Of urban poor families eligible for low-income housing, giving priority to low-income housing in kind.

Severe disability, a disabled poor families access to affordable housing and rent reduction or subsidies.

    By the application of urban and rural planning relocation housing of persons with disabilities, and local people's Governments should in principle facilitate the lives of persons with disabilities properly arranged and placed the region, housing floor care.

    Article tenth of land and resources and taxation Department of rural disabled families living in difficult, under provisions new residential, farmland reclamation fee, occupancy tax relief and land charges. 11th people's Governments above the county level shall support rural areas poor development of persons with disabilities should be included in the master plan of the Government poverty relief and development work. Implemented in organizations promoting, off-site migration, poverty alleviation and development projects such as employment training and implement social support measures, give support to the poverty of persons with disabilities is able to work. Free for poor people with disabilities practical technical and vocational skills training.

    Unemployed disabled persons receive vocational skills appraisal fee. 12th financial institutions should carry out the disabled rehabilitation and poverty alleviation loan support poor disabled people engage in planting, breeding, processing, and other appropriate items.

    People's Governments above the county level departments such as finance, development and reform according to the relevant regulations of interest.

    13th people's Governments above the county level shall strengthen foster capital investment for people with disabilities, intellectual, spiritual, and severe disability support services and home care services families with appropriate subsidies.

    Chapter III medical rehabilitation

14th people's Governments above the county level shall be the rehabilitation of disabled persons into urban and rural primary health services, improve the rehabilitation service system, raise the level of basic medical and health care of persons with disabilities.

    Health, human resources and social security, the people's Governments above the county level, finance, civil affairs administration for appropriate relief measures are formulated a rehabilitation program for people with disabilities, and implement relevant preferential support policies.

15th into the scope of urban and rural medical assistance for persons with disabilities to various kinds of public medical institutions within the province for medical treatment, general outpatient registration fees waived; hospitalization cost, examination fees, inspection fees, inspection fees, anesthesia, surgical fees, hospital bed fees 10%.

    For-profit medical institutions for treatment of persons with disabilities are encouraged to provide relief for fees and other concessions. 16th, relevant departments of the people's Governments above the county level and 0-6 of children with disabilities should be free to carry out salvage treatment and rehabilitation work.

    One or both of the couple for pregnant women and newborns from poor families of persons with disabilities, organized by the County Health Department free prenatal, neonatal screening.

17th section not included in the scope of urban and rural medical assistance for persons with disabilities due to illness leading to disability aggravated or caused by disability-causing family difficulties, may refer to the relevant provisions of the rural cooperative medical care approaches to aid.

    Disabled employees of difficult family life due to disease, the unit should be given living allowances.

    Article 18th when applying for disability identification or certification for persons with disabilities, identify costs covered by urban residents ' health insurance and new rural cooperative medical coverage, severe poverty and disability fees waived for persons with disabilities.

19th public rehabilitation agencies should be free of charge to needy disabled persons for rehabilitation training, basic medical and health services should be provided free of charge for disabled persons rehabilitation guidance.

    Encourage non-profit rehabilitation agency relief rehabilitation training costs.

    The fourth chapter training

20th people's Governments above the county level should establish and improve the education of persons with disabilities assistance system and guarantee the rights of persons with disabilities have equal access to education.

The people's Governments above the county level shall finance, development and reform, educational administrative departments shall, in accordance with development needs of education, improving conditions for running schools in special education.

    The people's Government above the county level special education teacher training should be included in teachers ' continuing education training master plan and implement and improve special education teachers ' allowance, strengthen the training of teachers.

    21st people's Governments above the county level should be from persons with disabilities in the employment security fund to arrange a certain percentage of funds for persons with disabilities training care culture base, vocational training of persons with disabilities appointed bodies and various vocational education and training of persons with disabilities special education schools. 22nd conditional areas shall be encouraged to set up rehabilitation institutions, 0-3 early intervention, education and rehabilitation of children with disabilities.

    Ordinary nursery schools shall create conditions, receive a mildly disabled children into the school (Park) in pre-school education. 23rd with the capability of general education of children with disabilities, youth, local schools.

Offsite by studying inflows shall be responsible for the arrangements.

    Teaching units are encouraged to, teach in home and other forms of community education, compulsory education for children and juveniles with severe physical disabilities. 

24th people's Governments above the county level shall be progressively implemented for children with disabilities, juvenile free pre-school and high school education.

In grants, colleges within the province, give priority to poor and disabled students.

    Encourage educational institutions to give priority to poor students with disabilities and students from poor families subsidies.

25th high school in common, secondary schools, secondary vocational schools, universities, adult education institutions should be recruited in accordance with accepted standards of disabled candidates enrolled shall not refuse to admit her due to the disability, such as enrollment, admission, degree and sent to study, shall not discriminate against students with disabilities.

    Candidates with disabilities and students with disabilities in school, exam and my body does not apply to sport the project, hearing disabled students examination listening tests.

    The fifth chapter of labor and employment

    26th people's Governments above the county level shall strengthen the employment and manpower planning, set up employment service system, and protect the employment rights of people with disabilities.

    27th people's Governments at all levels and social organizations should set up welfare enterprises, departments of blind massage and other welfare units, focus on arranging employment for persons with disabilities.

    28th article of the province within the administrative area of the organs, organizations, enterprises, institutions, private non-enterprise units and other economic organizations, should be in accordance with the percentage 1.5% the unit on-the-job workers to arrange employment for persons with disabilities, and provide appropriate types and positions, unless otherwise provided by the State or special industries (post) shall not, by disability by refusing to employ persons with disabilities.

29th arrange employment for persons with disabilities did not reach the required percentage of the employer, shall be according to the difference between the number of annual pay employment benefits.

    The employer shall pay employment security fund for the disabled, disability employment services review, full administrative institutions belonging to the financial allocations by financial departments at all levels on behalf of withholding; places is imposed by the tax authorities in accordance with the territorial principle, responsible for levying enterprises and other economic organizations should pay the employment security fund for the disabled.

30th financial withholding and employment of persons with disabilities at the local tax authorities levied to protect gold, grading over to the provinces, States (and cities) and counties (cities, districts) State Treasury, into the Government Fund budget management.

    Employment Security Fund for disabled persons in accordance with the relevant provisions of the State.

31st by special circumstances the employer may apply for a reduction or exemption from employment for persons with disabilities protection fund:

(A) the Court has accepted and entering the legal procedures applied for bankruptcy of enterprises;

    (B) workers real per capita wages below minimum wage loss-making companies in the region.

32nd organ examination of civil servants and the institution to recruit staff who have hiring and recruitment conditions of persons with disabilities and candidates, employment shall not be restricted.

The employer shall enter into labor contracts with employees with disabilities or service agreement, contract workers with disabilities to give priority to renew the contract. Employers cannot theorem cannot terminate the labor relations of employees with disabilities.

    Due to business downsizing, restructuring, reorganization and other reasons, absolutely necessary to discharge or termination of labor relations, prior consent of the Trade Union agreed to should be, and shall inform the local disabled persons ' Federation.

    33rd article participate in town workers basic pension insurance of disability workers and to flexible employment identity participate in basic pension insurance of disabled, in reached male years full 50 age, female years full 45 age, payment years full 15 years, by State (to, and city) labor identification Committee identification for completely lost labor capacity of, can by I application, reported State (to, and city) human resources social security administrative sector approval Hou, handle ahead of retired procedures.

    34th above county level people's Governments and relevant administrative departments through such measures as tax, subsidy funds, support the massage started welfare enterprises for the disabled, the blind and other welfare agencies.

    35th above county level people's Governments and relevant administrative departments of public welfare position should schedule a certain percentage of employment of persons with disabilities.

 36th Commerce, urban management, supervision, culture, taxation and other administrative authorities to apply for self-employed persons with disabilities, following tax relief:

 (A) waive administrative fees;

    (B) according to the relevant provisions exempted or reduced employment of individuals with disabilities business tax, value added tax and income tax.

37th of public employment services should set the service window and the service of persons with disabilities, employment information, free of charge for persons with disabilities consultation, employment agencies, employment services and unemployment registration.

    Employment services should be provided free of charge for persons with disabilities persons with disabilities career promotion and file hosting services.

    The sixth chapter of cultural and sports

38th published advertisements helped the news media should be free of residual handicap public service ads, create understanding, respect, caring, a good social atmosphere to help persons with disabilities.

Television stations should be gradually equipped with broadcast sign language programs, films and public TV should be add with subtitles.

    Encouragement and promotion of public service workers to learn and use sign language. 39th public cultural, sports, tourist attractions and other places should be open free of charge to persons with disabilities.

Severe limb disability, blind, people with mental retardation allows more than one attendant free access to public places.

    Places prescribed in the preceding paragraph, subject to Government pricing, Government guided management of cable cars, touring cars and other means of transport, half charge for persons with disabilities. 40th disabled theatrical performances and sporting events during the, the unit shall give them support and to guarantee their enjoyment on the job when the salaries, bonuses, benefits and other entitlements.

No fixed income, organizational units should be subsidized.

    At the provincial, national or international major sports, skills competitions and performances gained the position of disabled persons ' organizations or individuals, local governments should be commended and rewarded.

    41st public library above the county level shall set up the blind library (reading room), increasing the number and type of Braille and audio books for the blind, loan facilities for the blind.

    The seventh chapter support

    42nd and public service establishments should be strictly in accordance with the construction standards and related laws and regulations to set up barrier-free facilities, barrier-free Windows and open channels, clear identity, public services, creating a barrier-free environment for the disabled, providing priority service.

    43rd public service units need to install cable TV, cooker, gas, water, electricity, home phone, and other poor families, where the application installation location is consistent with domicile, should relief installation fees and other charges.

44th seriously disabled persons with disability cards free travel on the local public transport and carry the necessary assistive devices.

Permits persons with disabilities persons with disabilities within the administrative region of this province by operating in the province of long-distance public passenger transport vehicles, half-price fare, and carry the necessary assistive devices for free.

    Public car parks should set the handicap parking, free private parking for people with disabilities.

Article 45th legal aid shall satisfy the conditions of persons with disabilities to provide quality and convenient legal services.

    Judicial identification of persons with disabilities, the institutions should fee-related costs. Article 46th infringement of the legitimate rights and interests of persons with disabilities, can complain to the disabled persons ' Federation, or the relevant Department. Disabled persons ' federations shall safeguard the legitimate rights and interests of persons with disabilities, entitled to require the relevant department or unit to investigate.

Relevant departments or units shall investigate and respond.

    Federation of persons with disabilities through litigation to preserve its legal rights and interests of persons with disabilities in need of help, and should be supported.

    The eighth chapter supplementary articles

    Poverty of persons with disabilities in the 47th article of the rules, is included in the urban and rural minimum living guarantee persons with disabilities. 48th article of the regulations come into force on March 1, 2012. On September 6, 2001 province people's Government issued the provisional regulations on preferential treatment of persons with disabilities, in Qinghai province, abolished at the same time.