Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367229.shtml
Administrative measures on social welfare enterprises in Ningbo city
(December 2, 2011 Ningbo Municipal People's Government Executive meeting of the 114th consideration by December 15, 2011 Ningbo Municipal People's Government announced the 191th come into force February 1, 2012) Chapter I General provisions
First in order to support the development of social welfare enterprises, strengthen the management of social welfare enterprises, promote the employment of persons with disabilities, in accordance with the People's Republic of China Law on the protection of persons with disabilities, the employment of persons with disabilities regulations of the State Council and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
The second social welfare enterprises management in the administrative area of the city, these measures shall apply.
Third social welfare enterprises in these measures refers to registered in the Administrative Department for industry and commerce in accordance with law, set the disabled reached the required ratio and number of employees, and enjoy tax incentives and policy support specific enterprises.
Social welfare enterprises in these measures placement of disabled workers, refers to the holding of the People's Republic of China disabled persons indicated on the certificate and the certificate belongs to vision, hearing, speech, physical, intellectual and multiple disabilities, persons with disabilities, suitable for placement of the mentally disabled, and the holding of the People's Republic of China Disabled military service cards (1 to 8) of persons with disabilities.
Fourth of municipal and County (City) district people's Government should support the development of social welfare enterprises, local support policy formulation and implementation of social welfare enterprises, promote the employment of persons with disabilities set.
Fifth social investment shall be encouraged to set up social welfare enterprises, regrouping and employment of persons with disabilities.
Sixth social welfare enterprises of disabled workers in employment, wages and social security aspects, and able-bodied workers enjoy equal treatment.
Is the seventh public service administrative departments of the administrative area of the city social welfare enterprises; counties (cities) and districts (including economic and social administration management functions, such as municipal agencies, the same below) civil affairs departments are responsible for the supervision and administration of social welfare enterprises in the administrative area.
Finance, taxation, human resources and social security administrative departments and the Federation shall, in accordance with their respective responsibilities, to do well in management of social welfare-related work.
Eighth of municipal and County (City) district people's Government should be set up by the home, finance, taxation, human resources and social security administrative departments and the participation of disabled persons ' Federation meeting system, study and solve major problems arising in the management of social welfare.
Chapter II accreditation
Nineth social welfare enterprises in addition to the business and tax registration requirements, should also meet the following conditions:
(A) for employment of handicapped workers jobs, job;
(B) according to law and the employment of each disabled employee signed a 1-year (or more) employment contracts and placement of each disabled employee in the actual work;
(C) 1 month before the application for qualification of enterprise, on the average actual employment of disabled workers as a proportion of total number of employees of the enterprise at 25% (or more), staff of not less than 10 people and persons with disabilities;
(D) 1 month before the application for qualification of enterprise, through banks and other financial institutions to the placement of each disabled employee paid not less than the County (City) minimum wages wages;
(E) enterprises in the 1 month before the application for qualification, for the placement of each disabled employee social insurance according to law;
(F) internal roads and buildings comply with the barrier-free facilities construction requirements with employment of persons with disabilities.
Article tenth of social welfare Enterprise qualification, shall be filed with the County (City) district authorities submit the following materials:
(A) social welfare enterprise application form;
(B) the enterprise's business license, tax registration certificate and a copy of;
(C) the feasibility report for employment of the disabled;
(D) enterprises with each original and copy of the disabled workers signed labor contracts;
(E) enterprises in the 1 month before the application for qualification of employees register;
(F) disabled workers ' ID cards, the People's Republic of China permits persons with disabilities or the People's Republic of China disabled permit (1 to 8)-original and copy, and social welfare Enterprise disabled worker registration form;
(G) enterprises through financial institutions such as banks, to every disabled employee payroll vouchers;
(VIII) issued by the Department of human resources and social security of disabled workers to participate in the social insurance, and payment records;
(I) Organization of disabled workers ' post table;
(10) persons with disabilities employment qualification form;
(11) persons with disabilities employment placement checklist for workers;
(12) the internal roads and buildings comply with the employment of persons with disabilities barrier-free construction request with supporting documents;
(13) other related material. 11th the Home Department after receiving the applicants submit materials, enterprises should be paid wages of persons with disabilities, social security contributions, job placement and construction of barrier-free facilities for verification, finds them in the 30th with effect from the date of acceptance.
Material is complete, meet the required conditions, social welfare enterprise certificate issued for the applicant; do not meet the required conditions, inform the applicant in writing and state the reasons.
Article 12th social welfare enterprises merger or Division will need to retain qualified social welfare enterprises, shall be filed with the Ministry of Civil Affairs to reapply for accreditation.
13th social welfare enterprises change names, addresses, business scope and replacement of legal representative, shall take the following information to the Home Department for change social welfare enterprise certification procedure:
(A) the social welfare enterprise change request form;
(B) persons with disabilities employment qualification form;
(C) before the change of social welfare enterprises and duplicate copies of the certificate;
(D) change of business license, tax registration certificate and a copy of the original;
(E) other related material.
Change social welfare enterprise certificate management terms and procedures in accordance with the provisions article 11th. Article 14th placement employment of persons with disabilities social welfare enterprises employee or number of employees changes, shall, on the date of the change to the Ministry of civil affairs in the 15th to reapply for accreditation.
Civil affairs departments should be identified from the date of receipt of the application in the 10th.
15th social welfare enterprises are loss of qualification of social welfare enterprises, should be lost within 15th of the conditions, to the Home Department for cancellation of social welfare Enterprise qualification procedures, return social welfare enterprise certificate.
Social welfare enterprises are loss of social welfare enterprises qualifications is not within the time stipulated in the cancellation of social welfare Enterprise qualification procedure, by issuing civil affairs departments to remove his social welfare enterprises and take back the social welfare enterprises certificate.
Article 16th social welfare enterprises for the time being is in a shutdown state, but workers contribute to social security for the disabled, may apply to the civil affairs departments to retain social welfare Enterprise qualification.
Article 17th civil affairs departments should be identified or off social welfare eligibility information inform supervisor of financial and tax authorities.
Article 18th qualified social welfare enterprises, can apply to competent tax authorities for tax incentives, policies, local civil affairs departments to apply for support.
Enterprise since the eligibility date by cancellation of social welfare enterprises no longer enjoy tax preferential policies and local support.
Chapter III supervision and management
19th social welfare enterprises should be required to participate in the annual inspection audit.
Enterprise annual inspection annual inspection of specific matters of social welfare, in conjunction with the internal revenue service, tax departments by the public service until further notice.
Pass the annual inspection audit social welfare enterprises may continue to enjoy tax preferential policies and local support.
Pass the annual inspection audit is not social welfare enterprise by the municipal or County (City) district departments order the rectification; serious or who have overstayed do not change, cancellation of its certificate of social welfare enterprises and take back the social welfare enterprises.
Article 20th social welfare enterprise into a non-social welfare enterprises, go out of the Home Affairs Department should the duration of the disabled workers ' wages, social security and inventory of the implementation of economic compensation on exit, safeguard workers ' legitimate rights and interests of persons with disabilities.
Article 21st social welfare enterprises operating production equipment introduced from abroad suitable for persons with disabilities, needs to enjoy preferential taxation, shall be reported to the Ministry of civil affairs approval in accordance with the relevant provisions.
22nd district, finance, taxation, human resources and social security administrative departments should strengthen the social welfare enterprises direct, manage, monitor, check and implement national and local preferential policies, investigate and deal with violations of social welfare enterprises in a timely manner.
23rd District, tax and local tax departments to conduct social welfare Enterprise qualification, the certificate changes, annual audit, CDPF for persons with disabilities, as well as document audits shall not charge a fee.
The fourth chapter legal liability
Article 24th social welfare enterprises in violation of the regulations, any of the following circumstances, by the civil affairs departments in a warning, and rectification; it fails, by civil affairs departments to remove his social welfare enterprises qualified to recover social welfare enterprise certificate, tax, financial sector recovered during its illegal preferential tax and local government support of:
(A) persons with disabilities number of employees less than 10 people;
(B) the average actual number of disabled employees in job placement enterprises could not be 25% of their employees;
(C) remains to be maintained after the merger or Division of the social welfare business qualifications, not to the Ministry of Civil Affairs to reapply for accreditation;
(D) change in name, address, business scope and replacement of legal representative, not to civil affairs departments to handle the relevant procedures;
(E) the number of employees change, is not required to reapply for accreditation of Civil Affairs;
(F) disabled persons and able-bodied workers do not enjoy equal treatment of workers, discrimination against disabled workers.
25th social welfare enterprises to comply with the financial, taxation, human resources and social security and other relevant provisions of the Act, by the financial, taxation, human resources and social security, and other relevant departments shall be investigated and dealt with according to law.
Article 26th city and County (City) District, financial, tax, tax departments and the disabled persons ' Federation, one of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions:
(A) according to the provisions of the social welfare Enterprise qualification, inspection examined or not according to the required changes to the social welfare enterprise certificate;
(B) fails to perform the daily duties of supervision and inspection, found that social welfare enterprises of deception is not investigated;
(C) according to the provisions for social welfare enterprises enjoying preferential tax and policy support;
(D) the certificate of qualification in social welfare enterprises, change, annual inspection audit, document approval illegal fees of persons with disabilities.
The fifth chapter by-laws
27th article of the rules of internal roads and buildings comply with the employment of persons with disabilities refers to barrier-free facilities construction requirements:
(A) blind disabled employees, set in its frequent blind tracks and audio tips for emergency evacuation devices;
(B) deaf and disabled employees in its frequent setting conducive to emergency evacuation warning signal or optical indicating devices;
(C) lower limbs disabled employees, in the public health setting handrail;
(D) use wheelchairs for physically disabled employees, in the public entrance of the building accessibility ramps, corridors, lobby, and an elevator for wheelchair access to the building, barrier-free toilet in public health settings. 28th article of the rules take effect on February 1, 2012. September 30, 1997 issued by the municipal people's Government in the management of social welfare enterprises in Ningbo (municipal people's Government, the 57th) repealed simultaneously.
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