Interim Provisions On The Service Management Of The Floating Population In Lanzhou City

Original Language Title: 兰州市流动人口服务管理暂行规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351820.shtml

Interim provisions on the service management of the floating population in Lanzhou city

    (Lanzhou municipal people's Government, the 17th Executive meeting of November 23, 2010 through February 28, 2011, Lanzhou municipal people's Government promulgated as of April 1, 2011, 2011 1th) Chapter I General provisions

    First in order to protect the legitimate rights and interests of floating population, standardized service management of the floating population, promoting economic development and social harmony, according to the relevant laws and regulations, combined with the city's actual, these provisions are formulated.

Provisions of this article apply to service of floating population management work within the administrative area of the city.

Floating population in these rules refers to leave permanent residence into the city or across the County in the administrative area of the city (district) persons living more than 3rd, and including the city in yongdeng, gaolan, yuzhong County and honggu district citizens left the permanent residence, to live in the seat of the County and District personnel.

    The city Cheng Guan, qilihe, xigu, tranquil four permanent residence of citizens in four areas within the district, not part of the floating population.

    Third service of floating population management work should follow the law, the principle of equal treatment and rights are protected, and optimization services.

Fourth within the administrative area of the County and district people's Government is responsible for the service of floating population management and service of floating population management mechanisms and accountability should be established.

City, County and district public security, industry and commerce, civil affairs, justice, finance, human resources and social security, real estate, construction, transportation, law enforcement, culture, population and family planning, education, health, quality control, food and drug regulation, taxation and other administrative departments shall, in accordance with their respective responsibilities, to do the services of floating population management related work.

    Trade unions, the Communist Youth League, women's federations and other mass organizations shall assist in developing service of floating population management work.

Article fifth shall abide by the laws and the rules and regulations of the floating population and maintain social order, social morality.

    Floating population and resident population should respect each other and live in harmony.

Sixth the County and district people's Government shall, in accordance with operational requirements, the relevant departments in the street and township (town) established centralized service management mechanism of floating population, integrated service management of the floating population.

    Street and township (town) service management of the floating population and community and village services of floating population management station, commissioned by the district people's Government and the relevant departments, organization-specific implementation of the integrated management of the floating population.

    Service requirements should be integrated into the management of the floating population in seventh-level people's Government budget.

    Chapter II administration of floating population's dwelling

Article eighth of floating population management system of residence registration and residence cards.

    The floating population in Lanzhou city, a residence permit is universal proof of residence in the administrative area of the city, produced by the city's public security department.

Nineth public security departments are responsible for residence registration and administration of the floating population.

    Floating within the public security agency is responsible for the area residence registration and residence permits to apply for and issue, and residential information collecting, inputting, statistics, query management.

    Tenth population should reach within 3rd day of residence to declare to the Agency of the public security of residence residence registration and apply for a residence permit. 11th migrants declared residence registration shall produce a valid identity document, fill in the mobility of residence registration form.

Residence registration includes: name, sex, ethnicity, date of birth, citizenship numbers, place of permanent residence address, residence address, service premises, residence, contact information, photo and carry minors, and so on.

    Migrants are women of childbearing age, will provide the account location population for population and family planning issued marriage certificate.

12th Declaration of residence registration and apply for a residence permit in accordance with the following provisions:

(A) the unit recruits the floating population, the employer apply;

(B) employers recruit migrants, apply by the employer;

(C) rental housing of migrants, led by housing lessors to urge or lessee to handle;

    (Iv) other migrants, which I apply.

13th public security agencies for floating population on Declaration of residence registration, they shall verify declarations, live 3rd 30th following the above, apply for residence registration; 30th for living above, apply for residence registration, and granted a residence permit.

Any of the following circumstances, you can apply for a residence permit:

(A) under 16 years of age or have reached the age of 60;

(B) the residence of doctor and relatives, travel, travel;

    (C) in schools and training institutions of learning or training.

    14th residence permit one person a permit system, valid for the 1-3.

15th residence permit alteration of the contents of lost, damaged, or registration, residence permit holders should be to the original issuing authorities for replacement, renewal of or change procedures.

    Change of residential address, residence permit holder shall, from the date of change of residence address within the 7th, to the change of residence after police agencies handle the change of residence registration formalities, the original residence permit is valid for less, can be used after the registration. 16th migrants apply for residence permit, shall pay a fee.

    Residence permit cost charge in accordance with the relevant provisions of the commodity price departments.

17th no unit and individual shall forge, alter a residence permit.

    Residence permit holder shall keep a residence permit, may not be transferred, leased, lent.

Article 18th police from performing their duties, produce their documents may inspect a residence permit, the holder shall not refuse.

    Apart from the police carrying out their duties, no unit or individual may seize migrant residence permits.

    Article 19th any units and individuals for information collection, management and use of population information learned in the process, it shall be kept confidential.

20th article of the municipal urban housing leasing contract registration system.

Migrants should Lanzhou city rental housing management approaches, in accordance with the relevant provisions of the real estate Department of urban housing rental formalities according to law.

    Housing agency rental housing mediation service, leased, lessors and lessees should be established the basic information.

    Chapter III rights and public services

    Article 21st of floating city, County and district people's Government employment, social security, education, disease prevention and control, maternal and child health, family planning, legal services and security management in the area of public services and manpower arrangements and appropriate funds into the budget.

    22nd of municipal police departments and the County and district people's Government should strengthen the construction of information system of floating population, establishing information sharing mechanism of the floating population, improve the comprehensive efficiency.

Living 23rd residence permit holders to enjoy social security, public services and other rights, treatment, with residence permits apply for personal matters, specifically in this city to enjoy the following preferential policies:

(A), household registration, in accordance with this policy, with legal permanent residence for settled conditions for permanent residence;

(B) apply for a business license, health permit and other relevant certificates;

(C) the application for participation, organization of professional and technical qualifications of the position, the assessment or profession (practising) qualification training, examinations, registration;

(D) family planning couples of childbearing age, free access to family planning projects under the national technical services, free preventive vaccination services available to their children;

(E) bid for employment or job-seekers to work;

(F) bidding for the public transportation IC card;

(G) apply for a motor vehicle driving license, vehicle registration;

(VIII) bid for housing loans;

(IX) participation in social insurance;

    (J) States and other preferential policies provided by provincial and municipal governments.

    24th of municipal, County and district people's Government the establishment of public employment services, employment policies and regulations should be provided free for migrant advice, employment information, career guidance and employment services such as registration, human resources and social security departments should supervise the employer maintaining the lawful rights and interests of floating population.

    25th migrant population should be included in the education sector to the education development plan, guide and supervise the school completes the migrant population work, guarantee the rights of floating population and resident population equal access to compulsory education.

    26th to the migrant population and family planning departments should publicize population and family planning policies and regulations, contraception, reproductive health, prenatal and postnatal care knowledge, to migrant couples in providing family planning services with the resident population of equal treatment.

    27th public health departments 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 migrants the relative concentration of public health supervision and inspection on a regular basis.

    28th settled public security departments should timely apply for migration formalities and in accordance with the settled condition of floating population, reception, security dispute mediation involving floating population in a timely manner.

    29th, civil affairs departments for industry and commerce shall be in accordance with the relevant provisions of article, business registration, social assistance and other services of the floating population management work.

    30th the employer shall comply with labor laws and regulations, labor contract with the migrants, providing security for the population health working environment, handle the work injury insurance and other social insurance, remunerations in a timely manner according to law, safeguard the legitimate rights and interests of floating population.

    31st of municipal, County and district authorities to migrant complaints should be processed in a timely manner, and must not delay and prevarication; complaints does not fall within the mandate of the Department should be to inform the migrants have the right to deal with the Department in a timely manner.

32nd city, County and district people's Government shall organize the relevant departments out of legal publicity and education and dispute resolution work, guide shall safeguard the legitimate rights and interests of floating population.

    Legal aid legal aid should be provided in time for the economic hardships of the floating population; for working migrants applying for payment of wages and compensation cases, to stop censoring its economic conditions.
The fourth chapter legal liability

    33rd article violates these provisions, employer, employers, migrants are not according to the Declaration of residence registration, or apply for a residence permit by the public security departments to give warning, rectification; late is still not corrected, may impose a fine of 50 Yuan per person.

34th in violation of the provisions of any of the following acts, by the Public Security Bureau in a warning, and a fine of 200 Yuan fines:

(A) using a false proof of obtaining residence permits;

(B) illegal seizure of the residence permits of others;

    (C) the residence permit holder transfers, leasing, lending a residence permit.

    35th in violation of this provision, the housing agency leased premises basic information has not been established by the public security departments to give warning, rectification, overdue correction, fined a maximum of 200 Yuan over 2000.

    36th in violation of the provisions of any other Act, by the Public Security Bureau, real estate and other sectors in accordance with the People's Republic of China public security management punishment law, urban housing lease management in Lanzhou and other laws, rules and regulations will be punished.

37th relevant administrative departments and their staff in the management of floating population in service, any of the following acts, administrative sanctions shall be given by a parent or a supervisory unit constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) without justifiable reason to delay or not to apply for residence permit, marriage certificates and business licenses;

(B) the illegal imposition of administrative penalty or coercive measure;

(C) requesting, receiving or surplus property;

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

    The fifth chapter by-laws

Article 38th in hotels and other places of business services that can be provided accommodation residence registration of the residence staff, according to the hotel management regulations.

    Foreigners living in this city, in accordance with the relevant provisions of the State.

    39th of municipal public security departments in accordance with the provisions of the implementation details. 40th article of the regulations come into force on April 1, 2011. Regulations on the management of the transient population in Lanzhou (Lanzhou municipal people's Government [2001] 7th) repealed simultaneously. Temporary residence permits issued before the implementation of the provisions of the floating population, since the renewal of a residence permit after expiry.