Floating Population In Xinjiang Uyghur Autonomous Region, Services And Management Practices

Original Language Title: 新疆维吾尔自治区流动人口服务和管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351924.shtml

Floating population in Xinjiang Uyghur autonomous region, services and management practices

    (20th March 23, 2011 11th Xinjiang Uyghur autonomous region people's Government Executive meeting April 4, 2011 167th of Xinjiang Uygur Autonomous Region people's Government promulgated as of October 1, 2011) Chapter I General provisions

    First to strengthen the services and management of the floating population, protect the legitimate rights and interests of floating population, maintaining social harmony and stability, and guarantee healthy development of economy and society, in accordance with the relevant laws and regulations, combined with State practice, these measures are formulated.

    Second approach applies to autonomous region within the administrative area of floating population in service and management activities. Article of floating population in these measures refers to leave the domicile County workers move to other regions.

    However, leaving the district, other than move to other municipal districts in this city.

    Fourth service and management of the floating population uphold fairness, optimization services, guide and standard management approach, the implementation of territorial management and classification, a combination of sectoral management principles.

    Fifth population should be consciously fulfilling their statutory obligations to maintain social order, social morality, and subject to the management of the departments concerned.

Article sixth service and management of the floating population's main tasks are:

(A) provision of employment policies and regulations advice, employment information, career guidance and employment services;

(B) the provision of family planning, prevention of infectious diseases and temporary help services;

(C) for the protection of children of school age receive compulsory education;

(D) health, legal advocacy and education;

(E) the residence registration, rental housing, such as law and order management;

(Vi) safeguarding the legitimate rights and interests of floating population;

    (VII) other tasks as prescribed by laws, rules and regulations.

    Seventh people's Governments above the county level shall strengthen the floating population in service leadership and management, services and management of the floating population into the national economy and social development plan and included in the comprehensive management of public security management system, gradual equalization of basic public services, and requirements included in the budget for the current fiscal year level, and increased with the development of the national economy and social development.

Eighth people's Governments above the county level population services and the management and coordination agency in accordance with this approach, and relevant regulations of the State, responsible for organizing, coordinating, directing, urge the relevant departments of the service and management of the floating population.

Subdistrict offices and township (town) people's government organization-specific implementation of the service and management of the floating population.

    Public security, human resources and social security, industry and commerce, population and family planning, civil affairs, health, housing and urban-rural development, administration of Justice, finance, education and other relevant departments within the scope of their respective duties, is responsible for the service and management of the floating population; the trade unions, Communist Youth League, women's federations and community management institutions, the villagers ' Committee shall assist in developing services and management of the floating population. Nineth migrant's legitimate rights and interests are protected by law, their lawful rights and interests are infringed upon, shall be entitled to the relevant sectoral report, complaint or accusation.

    Department accepting the report, complaint or accusation shall timely manner; not belonging to this sector management matters, shall promptly transfer the right to deal with the sector.

    Tenth set discriminatory restrictions on the employment of floating population is prohibited prohibited interference of employers ' legal recruiting migrants; protection against floating population's occupation or employers recruit migrants set up fees.

    11th levels people's Government or the relevant departments of the floating population in service and management units and individuals that have achieved outstanding successes in work, should be given recognition and rewards.

    Chapter II population services

    12th people's Governments above the county level should establish and improve the mechanism for the protection of rights and interests of floating population, social security systems and public service networks, in the development of urban and rural planning, construction of public facilities, development of employment, social security, education, disease prevention and control, maternal and child health, family planning, legal services, and other public policy to protect the legitimate rights and interests of floating population.

13th the people's Governments above the county level shall be responsible for the public employment services should be within the legal working age the ability to work and employment aspirations of migrants, employment policies and regulations advice, provided free employment information, career guidance and employment services such as registration. In accordance with relevant regulations of the floating population, can participate in professional and technical positions in residence qualification examination, vocational (practice) qualification examination or identification, access to vocational training and professional identification of subsidies.

    Encourages examination, an accreditation body for hard-pressed population reduction fee for examination and identification.

    14th counties (cities) in human resources and social security administrative departments are responsible for the human resources management of the floating population and employment services, employment information, career guidance, employment services such as registration, social security, according to the employer and the migrant labor disputes, acts of employers against migrant labour safeguards the legitimate rights and interests.

    15th district (urban) population and family planning Administration to sensitize the population of reproductive age population and family planning policies and regulations, knowledge of contraception, reproductive health, prenatal and postnatal care, for providing floating population and resident population of childbearing age equal treatment in family planning services.

    16th district (municipal) health administration departments at or above should be on the health of women and children among floating population in education and HIV/AIDS, tuberculosis and other major infectious disease prevention and control, to the floating population provides equal treatment with the resident population of vaccinations and disease prevention services, and floating concentration of public health supervision and inspection on a regular basis.

    17th the County (City) civil affairs departments above population groups should be temporary assistance into urban and rural social assistance system, secured migrants provided temporary assistance for a living.

    18th the County (City) over housing and urban-rural construction administration ensuring basic housing for migrants should be incorporated into the construction of affordable housing plan, pursuant to economic and social development reality, improve relevant policies, such as public rental housing construction of affordable housing.

    Article 19th counties (cities) the above Administrative Department of education migrant education should be incorporated into local development planning, strengthen the education of school-age children in the floating population management, instruction and supervision to primary and secondary schools of compulsory education of the floating population, guarantee the rights of floating population and resident population equal access to compulsory education.

    20th district (municipal) industrial and commercial administrative departments at or above should engage in production and business activities of the floating population register and exercise supervision, ensuring legal production of floating population management activities.

Article 21st counties (cities) or more judicial administration departments shall organize and find out the legal publicity and education and dispute resolution work, guide shall safeguard their legitimate rights and interests of floating population.

    Legal aid institution shall provide legal assistance to migrants in financial difficulties in a timely manner.

22nd units employed floating population in recruiting, hiring, labor contracts with the mobile population in recruiting, hiring, pay labor remuneration in full and on time, according to social security for migrants to provide safe and sanitary working environment. Legal protection of the rights of migrants to participate in and organize trade unions.

    Floating population and resident population in Union activities enjoy the same rights and fulfil the same obligations.

    Chapter III administration of floating population

23rd people's Governments above the county level shall strengthen the management of floating population information network construction, passing establish and improve information collection, collation, analysis and prediction, publishes regular features such as the unity of migrant integration information platform, achieving interconnection, sharing of information between departments.

    Migrants now living in the street and township (town) people's Government, the domicile of the Roma public security organs should take the initiative and subdistrict offices, Township (town) people's Government, the public security organs to establish information circular system of floating population, the use of floating population management information system verification, information about services and management of the floating population.

    24th public security organs and relevant departments, units and their staff of migrant floating population in service management is aware of information that should be kept confidential, and may not be used for purposes other than statutory duties.

    25th the County (City) of floating above the public security organs should strengthen security management, instruction and supervision departments, units and individuals to implement security management responsibilities and the measures of the floating population. Article 26th migrants arrive within 3 working days from the date of the residence, shall take my ID card or other valid proof of identity and proof of residence, to register with the authorities and villagers ' committees to declare living in urban communities.

Urban community management of institutions and villagers ' committees in handling migrant adult women of childbearing age live registration, shall verify the domicile population and family planning issued by the administrative departments of family planning certificate without proof of family planning, should be contained in the residence registration.

    Population change of residence, in accordance with the provisions of the preceding paragraph apply for registration of changes of residence.

27th the units or individuals shall be registered according to the following provisions of the floating population, and within 3 working days after registration, registration information submitted to the public security organ or the local urban community administration and villagers ' committees:

(A) rental housing, registered by the shipowner at the time of stay of the floating population of housing;

(B) employment by the employer to provide shelter, registration in the population when hired by the employer;

(C) the school and stay in school, by school population enrolment register;

(D) accommodation in aid agencies, registered by aid agencies at the time of stay of the floating population;

    (E) other residential units or individuals registered at the time of stay of the floating population.

    28th floating hotel, hotels, hotel, hostel, residential accommodation such as bathing facilities, residential units should be carried out in accordance with the management of security in the hotel industry to register, submit the registration information.

    Article 29th housing lessors shall take the housing ownership certificates or other lawful sources, County (City) set by the people's Government departments for rental housing registration, and signed a security guarantee to the police station.

Article 30th housing lessors shall comply with the following requirements:

(A) rental housing without security risks to meet the basic housing standards;

(B) submitted to the population information in a timely manner;
(C) shall not be rented to migrants with no valid identity documents;

(D) found that the floating population crime using the leased premises for illegal activity, or lead the unidentified people live, and promptly report to the local police station or the relevant Department;

    (E) other matters stipulated by laws, rules and regulations.

31st migrant tenant houses, shall comply with the following requirements:

(A) produce valid identity of and other travel documents, and fill in the relevant information;

(B) staying at personnel changes, inform housing lessors, and rental housing to deal with rental for the record registration;

(C) leased housing must not be used for illegal and criminal activities;

    (D) other matters stipulated by laws, rules and regulations.

32nd housing rental and migrant workers engaged in intermediary service providers shall comply with the following provisions:

(A) the establishment of rental housing, working to introduce registration account;

(B) urge the rental record registration housing lessors;

    (C) other matters stipulated by laws, rules and regulations. Article 33rd State practice the residence management of floating population system.

Migrants with a residence permit related service activities in residence to handle relevant Affairs.

Floating population in more than 16 years of age to be living in the residence more than 30th, should declare their residence registration and apply for a residence permit, except for family visits, tourism, medical care, travel and other personnel.

The County (City) public security authorities can delegate community management institutions and villagers ' committees to handle floating residence registration and residence permit certification of work.

    Apply for a residence permit and the specific measures formulated by the public security organs of the autonomous region.

    Article 34th units and individuals of the floating population in recruiting, hiring, rental and housing rental and migrant workers engaged in intermediary service providers, shall urge and assist the population to declare their residence registration, apply for a residence permit.

35th police perform their duties according to law, be examined live card, identification of the population shall cooperate with.

Relevant administrative departments and neighborhood offices and township (town) people's Governments in fulfilling their statutory duties or provide services for migrants, residence permit holders may be required to produce a residence permit, the holder shall cooperate.

    In addition to the public security authorities from carrying out their duties, no unit or individual may seize a residence permit.

    The fourth chapter legal liability

36th article violates these rules, any of the following circumstances, by County (City) public security organs ordered to correct it fails, on penalty of between 50 Yuan and 200 individuals, the unit shall be fined a maximum of between 1000 and 500 Yuan:

(A) do not report population residence registration, apply for a residence permit or reporting change of residential address;

(B) the relevant entities or individuals does not register information of the Roma submitted in a timely manner;

    (C) the relevant entities or individuals found floating population crimes not reported to the police.

    37th article violation this approach provides, housing rental people not handle housing rental record registration of, by County (City) Government determine of housing rental record registration sector ordered deadline corrected; late not corrected, for personal or family live of, at 500 Yuan following fine; for employees collective Hostel of, at months rent twice times following fine, for business activities of, at months rent 3 times times following fine, but highest shall not over 30,000 yuan.

    38th article violates these rules, agency leasing, workers introduced the registered account has not been established, by County (City) public security organs ordered to correct it fails, fined a maximum of between 2000 Yuan and 500 Yuan.

39th administrative organs and their staff in violation of the regulations, any of the following circumstances, by its competent authorities or administrative supervision organ directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) in the performance of services of the floating population, with acts such as delay and prevarication, obstruction;

(B) without statutory basis or beyond the approved project, standard to the floating charge;

(C) infringe on the legitimate rights and interests of floating population unlawful or illegal imposition of administrative penalty;

(D) disclose information involving privacy of floating population, violations of their legitimate rights and interests;

    (E) other acts of dereliction of duty, abuse of authority or engages in.

    40th article violates these rules, shall be liable for other acts, in accordance with the provisions of relevant laws and regulations.

    The fifth chapter by-laws 41st these measures come into force October 1, 2011.