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Administrative Measures On Social Welfare Enterprises In Ningbo City

Original Language Title: 宁波市社会福利企业管理办法

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Social Welfare Enterprise Management approach in the city of Input

(It was considered at the 114th ordinary meeting of the People's Government of New York, on 2 December 2011, through the publication of Decree No. 191 of 15 December 2011 of the People's Government Order No. 191 of 15 December 2012.

Chapter I General

Article 1, in order to foster social welfare enterprise development, strengthen the management of social welfare enterprises and promote employment of persons with disabilities, establishes this approach in line with the relevant laws, regulations, such as the People's Republic of China Disability Guarantee Act, the Department of State Employment Regulations for Persons with Disabilities.

Article 2

Article 3. Social welfare enterprises referred to in this approach are registered by law in the business administration sector, concentrating on the proportion and number of persons with disabilities, and special enterprises with corresponding tax incentives and policy support.

This approach refers to persons with disabilities who are housed by social welfare enterprises, which are persons with disabilities in possession of the People's Republic of China Disability Procedural and are given evidence to persons with disabilities who are perceived as having a visual, hearing, nature, intellectual, multi-disabled disability, and persons with disabilities in possession of the People's Republic of China Passes (1 to 8).

Article IV. Governments of municipalities and districts (markets) should support social welfare enterprise development, develop and organize local enabling policies for social welfare enterprises and promote the concentration of employment for persons with disabilities.

Article 5 encourages all types of investment actors to conduct social welfare enterprises that focus on the employment of persons with disabilities.

Article 6. Employees of persons with disabilities in social welfare enterprises enjoy the same treatment as those in the areas of employment, wages and social security.

Article 7. The municipal administration is the administrative authority of the local social welfare enterprises in this city; the commune government station in the district (communes) area (including administrative services that are economic and social, etc.) and the Civil Affairs Department is responsible for the supervision management of social welfare enterprises in this administrative area.

The administrative and disability units, such as finance, tax, human resources and social security, should be managed in accordance with their respective responsibilities.

Article 8 Governments of the municipalities and districts (markets) should establish a joint mechanism of administration and maiming, including civil affairs, finance, tax, human resources and social security, to study and coordinate in a timely manner key issues arising from the management of social welfare enterprises.

Chapter II

Article 9. Social welfare enterprises should also be accompanied by the following conditions, in addition to conditions consistent with business and tax registration:

(i) Work types and jobs that are suitable for employment of persons with disabilities;

(ii) enter into labour contracts for more than one year (concluding) for each disabled worker who is in employment under the law, and for every disabled worker who has been installed in the business in practice;

(iii) In the first month of the submission of the eligibility determination application, the average number of persons with disabilities in active employment in the enterprise amounted to more than 25 per cent (including) and less than 10 persons with disabilities workers;

(iv) In the first month of the submission of the application for eligibility, each disabled worker who has been installed through financial institutions such as banks paid less than the minimum wage in the district (market) area;

(v) In the first month of the submission of the eligibility determination application, the enterprise participates in social insurance for each disabled worker who is placed under the law;

(vi) The internal roads and buildings within the enterprise are in line with the requirements for the establishment of employment- accessibility facilities for persons with disabilities.

Article 10. Eligibility of social welfare enterprises is determined that the following material should be submitted to the civil affairs sector in the district (communes):

(i) An application form for social welfare enterprises;

(ii) Business licences, copies of tax registration certificates and photocopy;

(iii) The feasibility report for the placement of persons with disabilities;

(iv) The original labour contract and the photocopy signed by enterprises with each disabled worker;

(v) The enterprise's roster of active workers for the first month of the submission of the eligibility determination;

(vi) The identification of persons with disabilities, the People's Republic of China Persons with Disabilities Bill or the People's Republic of China Military Liquidition (paras.

(vii) The award of wages to each disabled worker through financial institutions such as banks;

(viii) The participation of disabled workers in social security certificates and payment records from the human and social security sectors;

(ix) Form of job placement arrangements for persons with disabilities;

(x) The eligibility of employment units for persons with disabilities to determine the form of approval;

(xi) The list of persons with disabilities in employment units;

(xii) Accreditation material in the form of an enterprise-based road and building in line with the requirements for the provision of employment- accessibility facilities for persons with disabilities;

(xiii) Other relevant materials.

Article 11. The civil affairs sector shall verify the payment of wages for persons with disabilities, the payment of social insurance, the placement and accessibility of facilities, and shall be determined within 30 days of the date of receipt. The material is in full compliance with the prescribed conditions and is awarded to the applicant a certificate of social welfare enterprises; it is not in accordance with the prescribed conditions, which is communicated in writing to the applicant and the reasons for it.

Article 12. The merger or separation of social welfare enterprises requires the retention of the qualifications of social welfare enterprises and the re-appointment of qualifications to the civil affairs sector.

Article 13 Changes in name, address, scope of operation and replacement of statutory representatives by social welfare enterprises shall be subject to the following materials to the civil affairs sector for the process of modifying social welfare corporate certificates:

(i) Changes in applications for social welfare enterprises;

(ii) The eligibility of employment units for persons with disabilities to determine the form of approval;

(iii) Changes in pre-social welfare corporate certificates, copies;

(iv) Changes in licences for business, copies of tax registration certificates and original copies;

(v) Other relevant materials.

The duration and procedures for modifying the certificates of social welfare enterprises are implemented in accordance with article 11 of this approach.

Article XIV Changes in the number of persons with disabilities or in-service workers who are actually placed in employment in social welfare enterprises should be re-applying to the civil affairs sector within 15 days of the change. The civil affairs sector should be determined within 10 days of receipt of the request.

Article 15. Social welfare enterprises shall be deprived of the qualifications of social welfare enterprises and shall, within 15 days of the date of loss of conditions, write-off procedures for social welfare enterprises and return to social welfare corporate certificates.

Social welfare enterprises lose the qualifications of social welfare enterprises and do not have the process of write-off social welfare enterprises within the prescribed time frame, and are cancelled by the accredited civil service and the social welfare business certificate.

Article 16 Social welfare enterprises are temporarily suspended, but they can pay social insurance for persons with disabilities, which can apply to the civil service for the retention of social welfare enterprises.

Article 17 should inform the competent financial, tax authorities in a timely manner of information that determines or writes the qualifications of social welfare enterprises.

Article 18 Eccredited social welfare enterprises may apply to the competent tax authorities for the benefit of tax incentives and apply to local civil affairs.

Enterprises are no longer granted tax incentives and local policy support from the date on which they were cancelled.

Chapter III Oversight management

Article 19 Social welfare enterprises shall participate in the annual review as prescribed.

Specific matters of the annual review of social welfare enterprises are notified by the municipal civil affairs department in conjunction with the national tax, tax and other sectors.

Unqualified social welfare enterprises were reviewed by the year, and tax incentives and local policy support could continue.

Unqualified social welfare enterprises were reviewed by the year, and the civil affairs sector in the city or district (market) ordered their duration to be rescheduled; the circumstances were serious or overdue, the write-off of their social welfare enterprises and the recovery of the social welfare business certificate.

Article 20 transforms social welfare enterprises into non-social welfare enterprises, and the former civil service should review the implementation of wages, social insurance and economic compensation payments for persons with disabilities during their stay and preserve the legitimate rights and interests of persons with disabilities.

Article 21, which introduces production equipment suitable for persons with disabilities abroad, requires tax preferences and should be reviewed in accordance with the relevant provisions.

The executive branch, such as civil affairs, finance, tax, human resources and social security, should strengthen the guidance, management, supervision, inspection, implementation of national and local pro-poor policies and timely identification of the offences arising from social welfare enterprises.

Article 23, Civil affairs, national taxes, local taxes, etc., conducts social welfare business determinations, certificates changes, annual vetting and disability clearances.

Chapter IV Legal responsibility

In violation of this approach, social welfare enterprises have one of the following cases, warnings by the civil service and accountability for the period of time being renovated, and the write-off of their social welfare enterprises by the civil affairs sector, the recovery of social welfare certificates, the tax, the financial sector's payment of concessionary taxes and local government support during their violations:

(i) The number of persons with disabilities is less than 10;

(ii) The average number of persons with disabilities in active employment was less than 25 per cent of the total number of active employees in the enterprise;

(iii) The merger or separation of enterprises requires the retention of the qualifications of social welfare enterprises without re-appointing the civil affairs sector;

(iv) Changes in names, addresses, scope of operation and replacement of statutory representatives, and are not taken into account in the civil affairs sector;

(v) Changes in the number of workers and no re-appointment of qualifications to the civil affairs sector, as prescribed;

(vi) Employers of persons with disabilities who do not enjoy the same treatment as those of the well-being, and discriminate against persons with disabilities.

Article 25

Article 26 has one of the following acts in the areas of civil affairs, finance, national tax, tax and tax, etc., in the city and in the district (market) and in the area of maiming, and administrative disposition is given by law to the competent and other persons directly responsible:

(i) The determination of eligibility for social welfare enterprises, the annual review or the non-reducation of the certificate of social welfare enterprises as prescribed;

(ii) Failure to perform routine inspection duties and to find that social welfare enterprises do not have access to vouchers;

(iii) The granting of tax incentives and policy support to social welfare enterprises, as prescribed;

(iv) Receiving fees for social welfare enterprises when they are determined, certified changes, annual review and disability documents are reviewed.

Chapter V

The internal roads and buildings of enterprises under this scheme are in line with the requirements for the establishment of facilities for employment accessibility for persons with disabilities.

(i) There are blind workers with disabilities, and in their regular access posts, blind and audio-visual devices for emergency evacuation;

(ii) Staff with deaf disabilities, with a warning signal or a fibre-optic cable facility for emergency evacuation at their regular access offices;

(iii) The establishment of a child with a disability worker with the support of the public health;

(iv) The use of chairs of disabled workers, the establishment of accessible slopes at the entrance of public buildings, the building corridors, scows and gradients suited to wheel chairs and the establishment of accessible toilets in public health.

The twenty-eighth approach was implemented effective 1 February 2012. The “Environment of Social Welfare Business Management” (No. 57 of the Order of the People's Government of the City) was repealed on 30 September 1997.