Qinghai Provincial People's Government On The Revision Of The Measures For The Rural Five-Guarantee Work In The Pastoral Area Of Qinghai Province's Decision

Original Language Title: 青海省人民政府关于修改《青海省农村牧区五保供养工作办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367202.shtml

Qinghai provincial people's Government on the revision of the measures for the rural five-guarantee work in the pastoral area of Qinghai province's decision

    (November 17, 2011 90th meeting of the people's Government of Qinghai province considered by people's Government of Qinghai province, November 25, 2011 the 82nd release come into force on the date of promulgation) according to State Council regulations of the rural five-guarantee work, combined with the province, the provincial government decided on the measures for the rural five-guarantee work in the pastoral area of Qinghai province to amend as follows: A, third paragraph amended as: "the village (animal husbandry) Committee assists the township (town) people in rural five-guarantee work in pastoral areas, and was responsible for this village scattered five guarantees supporting object management and services.

    ”

    Second, seventh paragraph (a) is amended as: "obtain a stable source of income;" Three, eighth paragraph (b) is amended as: "supply clothing, bedding and other household items and money, unable to take care of the care.

    ” Eighth paragraph (c) is amended as: "provide basic living conditions of housing. For the five guarantees supporting objects scattered housing, should arrange for funding timely repair, agricultural and pastoral areas of affordable housing projects should be given priority to five guarantees supporting housing reconstruction, housing provided for rural five-guarantee of pastoral service, shall facilitate the five guarantees supporting daily living.

    ” Eighth paragraph (d) is revised as follows: "to provide basic health care. Treatment of the five guarantees supporting object should be with the new rural cooperative medical system and rural medical assistance system in the local link.

    ” Eighth article is revised as follows: "five guarantees supporting objects are not 16 years of age or have reached the age of 16 are still in compulsory education, State of" two exempt and one subsidy "policy to ensure that its acceptance of the compulsory education requirements. Five high schools and secondary vocational schools or colleges to obtain the dependent object, administrative departments shall, in accordance with the relevant provisions on education and poverty alleviation financed.

    ”

    Article IV, IX is amended as: "rural area five-guarantee criteria should ensure rural five guarantees supporting basic needs in pastoral areas, shall not be less than the local average living standards of rural area residents, and the average of local farmers and herdsmen's living standards adjust. Rural area five-guarantee standards drawn up by the provincial civil affairs authorities and the provincial financial Department, the provincial people's Government for approval. State (or municipal) people can make rural area five-guarantee standards of their respective administrative areas, but not below the standards approved by the provincial people's Government, and reported to the provincial Civil Affairs Department announced after the execution.

    ” Five, tenth paragraph modified as follows: "decentralized support may be made by the village (animal husbandry) Committee commissioned by farmers and herdsmen, relatives of the five guarantees supporting care, or services provided by other community organizations and volunteers. Delegate care, village (animal husbandry), commissioned on behalf of the Committee with and five-guarantee the Parties shall sign a rural area five-guarantee agreement, agree on their respective rights and obligations, and implement service responsibilities and supporting measures. Concentrated, unified by the rural five-guarantee of pastoral services to provide support services. Pastoral five-guarantee service organizations should work with the five guarantees supporting in rural areas and the five-guarantee residence village signed a support agreement, clearly related to rights and obligations.

    ” Six and 11th of the second paragraph is amended as: "the provincial financial departments should increase general transfer payments subsidies, State (or municipal) and County Finance Department should be fully arranged five-guarantee funds, and to give financial support to five-guarantee work. People's Governments at the county level financial departments and departments of civil affairs in charge of five funding arrangements and management use.

    ”

    The individual words of the provision was modified.

    This decision shall come into force as of the date of.

    The rural five-guarantee work in the pastoral area of Qinghai province be consequential amendments to measures under this decision promulgated anew.

    Report: rural five-guarantee work in the pastoral area of Qinghai province way 2011 (revised)

    (July 15, 2008 issued on the 65th of Qinghai province on November 17, 2011 90th meeting of the people's Government of Qinghai province considered by people's Government of Qinghai province, November 25, 2011 the 82nd release come into force on the date of promulgation of the Qinghai provincial people's Government on changes of rural five-guarantee work in the pastoral area of Qinghai province decided to amend the way)

    Chapter I General provisions

    First for rural five-guarantee work in pastoral areas, protection of rural five-guarantee the basic life of pastoral areas, establish and perfect the social security system in rural areas, according to the State Council for rural five-guarantee work regulations (hereinafter regulations), combined with the facts of the province, these measures are formulated.

    Second rural five-guarantee in the pastoral area in these measures refers to these measures are in accordance with the regulations and provisions, food, clothing, housing, medical, burial and other farmers and herdsmen living care and material assistance.

    Third civil affairs departments above the county level people's Governments in charge of the administrative areas of rural five-guarantee work in pastoral areas.

    The township (town) people of rural five-guarantee of pastoral work within their respective administrative areas.

    Village (animal husbandry) Committee assists the township (town) people in rural five-guarantee work in pastoral areas, and was responsible for this village scattered five guarantees supporting object management and services.

    Fourth to encourage social organizations and individuals for rural five-guarantee of pastoral and rural areas contribute to the five-guarantee work, and service.

    Chapter II requirements for dependent objects and procedures

    Article fifth pastoral five guarantees supporting in rural areas (hereinafter referred to as the five guarantees supporting objects) refers to comply with the following conditions of old age, disability and age of 16 farmers:

    (A) without the ability to work;

    (B) no stable source of livelihood;

    (C) the maintenance, upbringing, support obligations cannot be human, or its legal support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity.

    Sixth five-guarantee according to the following procedure: (A) I to the village (animal husbandry) in an application. I am unable to express their wishes of farmers and herdsmen, their close relatives, the village (animal husbandry) Panel or other farmers on whose behalf the application. The village (animal husbandry) of democratic appraisal of the Commission, to meet the required conditions, in the village-wide publicity over 10th.

    No major objection, fill out the rural five-guarantee in the pastoral area of Qinghai province objects form, submit the township (town) people's Government audit. (B) the township (town) people's Government shall receive the rural five-guarantee in the pastoral area of Qinghai province within 20th of the object form, for the applicant's own situation and carry out investigation to verify the condition of the family, audit observations, and an audit opinion and related materials submitted to the County Civil Affairs Department for approval.

    Applicant, the organization or individual shall cooperate with and provide relevant information. (C) the County Civil Affairs Department shall receive comments and related material within 20th of the approval decision.

    To grant five guarantees supporting treatment, free to printed by the provincial Civil Affairs Department of the rural five-guarantee certificate in pastoral areas; not to grant five-guarantee conditions are not met, I should be not approved by or on behalf of the applicant to make written statements.

    Article seventh five-guarantee after enjoying the five guarantees supporting the treatment of, any of the following circumstances, the village (MU) Committee or the rural five-guarantee service of pastoral organizations shall provide the township (town) people's Government report, by the township (town) people's Government audit and submitted to the approval of the County Civil Affairs Department, verification of its rural five-guarantee certificate in pastoral areas, termination of treatment of rural five-guarantee of pastoral:

    (A) obtain a stable source of income;

    (B) already has the ability to work (at least 16 years of age, have not yet completed compulsory education);

    (C) with the capability of supporting legal support, maintenance, maintenance obligations;

    (D) five-guarantee death, funeral completed.

    Chapter dependent content, standards and forms

    Article eighth pastoral five guarantees supporting in rural areas include the following:

    (A) the supply of grain, oil and food, water and fuel.

    (B) provide clothing, bedding and other household items and money, unable to take care of the care. (C) provide the basic living conditions of the housing.

    For the five guarantees supporting objects scattered housing, should arrange for funding timely repair, agricultural and pastoral areas of affordable housing projects should be given priority to five guarantees supporting housing reconstruction, housing provided for rural five-guarantee of pastoral service, shall facilitate the five guarantees supporting daily living. (D) providing basic health care.

    Treatment of the five guarantees supporting object should be with the new rural cooperative medical system and rural medical assistance system in the local link. (E) for a funeral matters.

    After the death of the five guarantees supporting objects, a one-time funeral grant for dependent standard charges for one year, funeral or village by the rural five-guarantee of pastoral services (animal husbandry) Committee responsible for handling. Five guarantees supporting objects are not 16 years of age or have reached the age of 16 are still in compulsory education, State of "two exempt and one subsidy" policy to ensure that its acceptance of the compulsory education requirements.

    Five high schools and secondary vocational schools or colleges to obtain the dependent object, administrative departments shall, in accordance with the relevant provisions on education and poverty alleviation financed.

    Nineth rural area five-guarantee criteria should ensure rural five guarantees supporting basic needs in pastoral areas, shall not be less than the local average living standards of rural area residents, and the average of local farmers and herdsmen's living standards adjust. Rural area five-guarantee standards drawn up by the provincial civil affairs authorities and the provincial financial Department, the provincial people's Government for approval.

    State (or municipal) people can make rural area five-guarantee standards of their respective administrative areas, but not below the standards approved by the provincial people's Government, and reported to the provincial Civil Affairs Department announced after the execution. Article tenth five-guarantee take the forms of decentralized feed and concentrated.
Five guarantees supporting object can choose to provide forms, but suffers from mental illness and severe infectious diseases should not be concentrated should be separately supply.

    Separately supply, can be used by village (animal husbandry) Committee commissioned by farmers and herdsmen, relatives of the five guarantees supporting care, or services provided by other community organizations and volunteers. Delegate care, village (animal husbandry), commissioned on behalf of the Committee with and five-guarantee the Parties shall sign a rural area five-guarantee agreement, agree on their respective rights and obligations, and implement service responsibilities and supporting measures. Concentrated, unified by the rural five-guarantee of pastoral services to provide support services.

    Pastoral five-guarantee service organizations should work with the five guarantees supporting in rural areas and the five-guarantee residence village signed a support agreement, clearly related to rights and obligations.

    The fourth chapter funding

    11th rural five-guarantee funds in the pastoral area, the implementation of territorial management, grading burden, the people's Governments at the county level in the budget arrangement. Provincial government departments should increase general transfer payments subsidies, State (or municipal) and County Finance Department should be fully arranged five-guarantee funding, and to give financial support to five-guarantee work.

    People's Governments at the county level financial departments and departments of civil affairs in charge of five funding arrangements and management use. Article 12th rural five-guarantee funds to account management in pastoral areas, closed operation. Funding allocated annually by the County Finance Department to the County Civil Affairs Department funding account, issued by the Home Department is responsible for.

    Concentrated, distributed to rural five-guarantee of pastoral service; scattered support, directly to the five-guarantee, payments should be included in the rural and pastoral areas set out in the five-guarantee certificate and by the person in charge and the five guarantees supporting objects or by a delegate on behalf of a dependant signature. 13th collective operating income of the rural and pastoral areas, you can allocate funds from the rural and pastoral areas of collective income, benefits and improve the lives of five guarantees supporting objects.

    Five of the dependent object will be contracted land (pasture) administered by someone else a great attachment to the use of, which all five guarantees supporting objects.

    People's Governments at all levels at the time of arranging social donations, apart from the intention to have the donation by the donors, and can allocate a certain percentage for the five guarantees supporting object.

    The fifth chapter support services

    14th people's Governments at various levels shall strengthen rural five-guarantee service of pastoral institution building, rural five-guarantee service of pastoral institutions building into local economic and social development planning. 15th County and township (town) people's Governments for rural five-guarantee of pastoral services to provide the necessary equipment and management of funds, with the necessary staff.

    Rural five-guarantee of pastoral services to establish an internal democratic governance and service management system, staff with the necessary training.

    Rural five-guarantee of pastoral services daily management and staff resources, by the people's Governments at the county level in the fiscal budget, not from the five guarantees supporting objects provide for expenditure of funds.

    16th rural five-guarantee of pastoral services can be combined with their own practice, to improve the living conditions of the five guarantees supporting objects for the purpose of production and operation activities, but rural area five-guarantee funds shall not be used.

    Governments at all levels and relevant departments for rural five-guarantee service of pastoral production and business activities of the Agency should be given the necessary support and preferential policies.

    Supervision and administration of the sixth chapter

    17th people's Government above the county level and their departments should strengthen supervision and administration of rural five-guarantee work in pastoral areas.

    Financial departments should strengthen supervision and administration of five guarantees supporting the use of the funds.

    Audit institutions shall strengthen auditing of the use of funds for rural five guarantees supporting in pastoral areas. Article 18th County Civil Affairs Department meets the five-guarantee conditions of farmers and herdsmen should be inventoried, established five guarantees supporting object database.

    Annual changes in the five-guarantee verification and dynamic management, should be guaranteed.

    19th rural five-guarantee of pastoral services shall comply with police, fire, health, finance and other aspects of the legal and institutional, to the five guarantees supporting objects provide the required support services, and consciously accept the supervision and inspection of the people's Governments at all levels and the departments concerned. Article 20th rural five-guarantee work in pastoral areas should implement information and open government.

    The County Civil Affairs Department and township (town) people's Governments shall be five-guarantee treatment eligibility criteria and approval procedures, support standards and funding distribution information to society announcements, subject to public supervision.

    The seventh chapter legal liability

    Article 21st acts in violation of these rules and regulations and the provisions of relevant laws and administrative rules and penalties from its provisions.

    22nd village (animal husbandry) Committee in violation of these regulations article sixth, is not within the scope of this village issued publicity or false comments, by the township (town) people's Government or the County Civil Affairs Department ordered corrective action and give notice of criticism.

    Article 23rd rural five guarantees supporting the treatment of farmers and herdsmen in pastoral areas, any of the following acts, by the township (town) people give criticism and education, recovery of which falsely claimed the five-guarantee funds and materials:

    (A) the misrepresentation, concealment, falsification of means of obtaining treatment of rural five-guarantee of pastoral;

    (B) after enjoying the five guarantees supporting treatment, their status and conditions change, no longer meets the conditions specified in article fifth, not reports, provide relevant information in a timely manner, continue to enjoy the benefits of rural five-guarantee in the pastoral area.

    The eighth chapter by-laws

    24th in the implementation of these measures by the provincial Civil Affairs Department is responsible for the interpretation of the specific problems. 25th article of the rules take effect on July 15, 2008. November 2004 23 provincial rural five-guarantee work in the pastoral area in Qinghai Province issued interim measures be repealed simultaneously.