Advanced Search

Ningbo Social Aid Fund For Road Traffic Accident Management Pilot Scheme

Original Language Title: 宁波市道路交通事故社会救助基金管理试行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

pilot approach to the management of the Social Relief Fund for Road Traffic Accidents in the city of Napbo

(Adopted at the 95th ordinary meeting of the People's Government of New York, 14 February 2011, No. 185 of the Decree No. 185 of 18 February 2011, published as from 1 May 2011)

Chapter I General

Article 1. To strengthen the management of the Social Rescue Fund for Road Traffic accidents, victims of road traffic accidents are provided in accordance with the laws and regulations of the People's Republic of China Road Traffic Safety Act and the Road Traffic Accident Social Relief Fund management pilot scheme (Fourt No. 56 of the Ministry of Finance).

Article 2

The scheme refers to a special social fund to raise the cost of burial, partial or all cost-saving costs for the infliction of physical injury or injuries on victims of motor vehicle traffic accidents by law.

Article 3 provides for the principle of harmonization of policies, decentralization, territorial management and division of labour.

Article IV. The Government of the city and the district (market) has established a fund for relief, with the integration of the sea dairy, the North and the North.

The municipal help fund is used for personal injury and cost-saving in mobile road traffic accidents in the three northern regions of the sea, the Giang Oriental and the North.

The district-level help fund is used for the physical injury and cost-saving costs of motor vehicle traffic accidents in the current administration.

Article 5 The municipalities and districts (markets) have been established by the Reimbursement Fund Management Leading Group consisting of financial, tenure, public safety, health, agriculture (agriculture), auditing and coordinating, researching the operation of the Fund, key issues and related matters submitted by the Fund's authorities.

The Office is established under the Fund's Management Leadership Team and is located in the same level of finance.

Article 6. The financial sector, in order to assist the authorities of the Fund, will study relevant policies for the development of local remedies funds with the relevant departments and conduct monitoring and inspection of the Fund's mobilization, use, management.

The NPS oversees the payment of relief funds by insurance companies to the district and district (commune) subsectors in full accordance with the requirements.

The Public Security Agency's transport management is responsible for informing the Fund's management authorities of the costs incurred by victims in road traffic accidents, providing guidance and oversight for the day-to-day operation of the Fund's management agencies, and assisting the Fund's management in recovering compensation to those responsible for road traffic accidents.

The agricultural machinery authorities are responsible for assisting the IMF management in repayments to those responsible for transport accidents involving agricultural machinery.

The health authorities are responsible for the supervision of medical institutions to take prompt care of victims of road traffic accidents in accordance with the Road Traffic Injured Persons Clinics Guide, as well as for the payment of rescue expenses under the law.

Article 7. The municipalities and districts (markets) have established financial institutions with legal personality to perform the responsibility for the management of the Fund.

The Reimbursement Fund management is based on transport management at the same level of public security.

Chapter II Fund mobilization

Article 8 Sources of the Fund include:

(i) A certain proportion of the contributions paid in accordance with the mandatory insurance for motor vehicle traffic accidents (hereinafter referred to as heavy risk);

(ii) Local financial assistance to pay the amount of operating taxes in accordance with the insurance company;

(iii) A fine of the owner, the manager of the motor vehicle that is not covered by the provisions;

(iv) Removal of funds;

(v) Received funds by law to motor vehicle road accident holders;

(vi) A net gain from open competitive prices for small passenger vehicles;

(vii) Specific funding for local financial budgetary arrangements;

(viii) Social contributions;

(ix) Other funds.

Article IX, by 15 March each year, the Municipal Finance Bureau, together with the Nippon Foundation, determined the proportion of the payments made during the current year, in accordance with the principle of balance of payments, in accordance with the principle of balance of payments.

Article 10. The municipal insurance institutions that deal with heavy-risk operations should, in accordance with the proportion of the extractives established by the Municipal Finance Agency, the Nippon Authority and its branches, make funds available from the municipal insurance agencies and their subsectors in the payment of the premiums, to harmonize the transfer of funds through bank transfers within 10 working days of the end of each quarter and to provide details of the municipal and district-level relief funds. Upon receipt of the above-mentioned funds by the municipal-level rescue fund management authorities, it should be transferred in full and in full to the Ad Hoc Unit of the District (Central) Relief Fund.

Article 11. The insurance company operating a heavy-risk operation shall report to the tax authorities on the income of the premium and the tax payable.

The local tax sector should be provided to the local financial sector within five working days of the end of each quarter to pay the quarterly insurance company to pay a heavy-risk business tax. The financial sector of the district (market) should be allocated to the Special Unit of the Fund within 10 working days of the end of each quarter, in accordance with the budget and in accordance with the quarterly insurance company's contribution to the amount of the operating tax.

The zonal tax sector should be provided to the commune, within five working days of the end of each quarter, to pay the quarterly insurance company with a heavy operating tax. In accordance with the current budget and in accordance with the quarterly insurance company, the Municipal Finance Agency has paid additional and transferred payments within 10 working days of the end of each quarter. In five working days, the Municipal Finance Bureau shall be part of the municipal-level relief fund, to be allocated to the Ad Hoc Unit of the Urban-level Relief Fund, which shall be made available within five working days after receipt of the transfer of funds.

Article 12. Transport management of public security authorities shall separate the proceeds of the fines of the owner of the motor vehicle that are not covered by the regulations, and the management.

The financial sector should, within 10 working days of the end of each quarter of the budget, be transferred to the Ad Hoc Unit of the Relief Fund in full the amount of fines not covered by the provisions.

Chapter III

In one of the following cases, parties in road traffic accidents and statutory associated responsibilities need to be rescued due to lack of capacity to pay, and in the case of a burial cost, part or all of the cost of being physically killed or injured in road traffic accidents:

(i) The cost of the rescue exceeds the threshold of a heavy liability;

(ii) The motor vehicle of the commissioner was not involved in a heavy risk;

(iii) Removal of motor vehicles.

In accordance with the law, the victim's funeral costs, parts or all of the cost of rescue should be donated by the relief fund's administration in the area of road traffic accidents.

The Relief Fund generally pays the cost of the victim to be rescued within 72 hours at the time of the rescue. In exceptional cases, more than 72 hours of rescue are required, and the medical agencies responsible for the mission are given written reasons. Specific account should be made in accordance with the fees approved by the mobile road traffic accident. The amount of mattress shall not exceed $20,000 per person.

Medical agencies should be rescued in a timely manner for the injured person in a traffic accident and should not be delayed by the unpayment of the cost.

The funeral costs are accounted for in accordance with the charges approved by the price sector.

Article 14. In line with article 13, paragraph 1, of this approach, provides for the payment of mattress parts of the Fund or for all of the expenses incurred, medical institutions shall communicate in a timely manner the cost of the victim's rescue and the payment of mattresses to the transport management of the public security authorities. The transport management of the public safety authority shall notify the Fund's management in writing within three working days and inform the medical institutions.

Within five working days from the end of the rescue of victims, medical agencies may make requests for payment to the host fund management agencies and provide evidence of the cost of the rescue.

In accordance with the relevant provisions of this approach, the Guidance on Clinics for Road Traffic Injured Persons and the local price sector have been reviewed and the findings are communicated in writing to the public safety authorities and medical institutions dealing with the road traffic accident. The review includes:

(i) Whether it is a mattress of the Fund under article 13, paragraph 1 of this approach;

(ii) The authenticity and reasonableness of the cost of rescue;

(iii) In the opinion of the Fund's management, the other elements that need to be reviewed.

In accordance with the provision of mattresses, the IMF management structure shall declassify the related costs within five working days to the medical agency accounts; incompatible with the provision of mattresses, non-payments and justify medical agencies.

Article 17 In the event of a controversy with medical agencies regarding the payment of mattress expenses, the authorities of the same-tiered fund administration will be addressed in coordination with the health authorities.

Article 18, in line with article 13, paragraph 1, of the present approach, provides for the payment of burial expenses by the victim's relatives to submit a written payment request to the Reimbursement Fund's management authorities on the basis of the letter of body handling and the identity of the victim's relatives.

The right to damages is vested in the local help fund's management in favour of and for the preservation of damages after being processed by public security authorities in accordance with the relevant provisions.

Article 19 Upon receipt of requests for burial mattress payments and related supporting material, the Reimbursement Fund management shall, within three working days, pay the funeral costs in accordance with the relevant standards and inform the transport management of the public safety authority dealing with the road traffic accident in writing. No mattress shall be paid for non-payment of mattresses and reasons for the applicant.

Article 20, when a request for mattress payments for the cost of saving and funeral expenses was reviewed by the Reimbursement Fund Management Authority, the right to verify the relevant units and related personnel, such as the Public Security Agency's Transport Administration, medical agencies, insurance companies, burial agencies, and the relevant personnel, should be synchronized.

Chapter IV

Article 21

(i) Mobilization of funds by law;

(ii) To receive, review requests for mattress payments and pay by law;

(iii) Reimbursement by law;

(iv) Other functions of the Fund.

Article 2 should inform society of their telephone, address and contact.

Article 23 Costs incurred by the Reimbursement Fund management agencies, including personnel costs, office costs, repayments and commissioning costs, should be arranged by the same financial sector in the annual budget and not included in the Fund, in accordance with the relevant provisions.

Article 24 provides that the Reimbursement Fund shall be established in accordance with the provisions of the National Financial Accounts Management Fund. The year-end balance of the Fund was transferred to the next year.

Article 25 provides for separate accounting, exclusive management and use by the Fund. Fund management receives funds from sources such as payment, allocation, donation, and financial instruments for the provincial treasury.

Article 26 The Reimbursement Fund's management shall, in accordance with this approach, pay for the cost of pillage and funeral expenses, be paid in accordance with the law to persons directly responsible for motor vehicle traffic accidents and associated responsibilities.

In cases where article 13, paragraph 1 (iii), of this approach provides for the payment of burial expenses, parts or all expenses incurred, and after the detection of road traffic accidents cases, the transport management of the public safety authority dealing with the road traffic accident shall notify the relief fund in a timely manner.

The relevant units, victims or their successors have an obligation to assist the fund's management in the recovery.

The relevant units and individuals that assist in the recovery can be given appropriate incentives.

Article 27, Reimbursement Fund management, in accordance with the law, shall maintain the financial archives and relevant information of the Fund; clean-up on the payment of the expenses of the rescue and funeral expenses, and pay the expenses incurred for the recovery and funeral expenses.

For mattress payments over two years without recovery, the IMF management structure shall provide responses to write-offs after the agreement of the same-tiered fund authorities.

Article 28, the management of the municipal, district-level relief fund shall be sent within 15 working days after the end of each quarter to the financial accounting reports of the last quarter to the authorities of the Fund and to the top-level fund administration.

Article 29 of the district-level relief fund management reports to the authorities of the same-tiered fund and to the top-level fund management agencies on the work of the previous year by 5 February each year. The annual report should include the mobilization, use and management of the Fund, financial accounting reports, financial accounting audit reports and changes in personnel.

Article 33, the management of the municipal-level relief fund, by 10 February each year, reported to the authorities of the municipal-level relief fund and to the provincial help fund management authorities on the work of the city-wide and municipal levels.

Article 31 should be documented and reported on the operational matters of the Fund, without false documentation and major omissions, and subject to inspection by the authorities of the Fund and the auditing sector.

Article 32 assists the authorities of the Fund shall, in accordance with the law, commission the audit of the annual work of the Fund by the accountants and inform the public of social oversight.

Article 33 Changes or terminations of the Fund's management should be carried out in accordance with the law, liquidation and the payment of the remaining assets to the same level of finance.

Article 34, the authorities of the municipal-level relief fund shall submit to the Ministry of Finance and the China Insurance Monitoring Management Board, by 1 March each year, information on the mobilization, mattress payments, recovery, etc. of the previous annual rescue fund.

Chapter V Legal responsibility

Article 33XV Insurance companies dealing with heavy-risk operations have not disbursed funds in accordance with the law and transferred in full to the Ad Hoc Principals of the Fund in a timely manner, and the municipal-level relief fund management authorities should report to the authorities of the municipal-level relief fund, which is vested in the NPS, with over three working days not paid in full, provide warnings and inform them.

Article XVI provides for false expenses for rescue by health authorities, warnings by the health authorities and treatment of persons directly responsible in accordance with the relevant provisions.

In one of the following cases, the Fund's authorities are dealt with in accordance with the relevant provisions by the Reimbursement Fund's Authority and its heads, and may, in the circumstances, decide whether to withdraw the relevant responsibilities of the Fund's management body:

(i) Non-received, vetting and paying requests from the Fund in accordance with this approach;

(ii) Provision of false reports and financial accounting reports;

(iii) Use of the Fund in violation of the provisions of this approach;

(iv) The refusal or obstruction of the supervision of the authorities or the authorities concerned by law.

Article 33 Eighteen assists the authorities and the management bodies of the Fund and the relevant sector staff members in the abuse of their duties, insistance, invoking private fraud, and in accordance with the law, and in cases of alleged crimes, the transfer of the judiciary by law.

Annex VI

Article 39 provides for the payment of personal casualties during road traffic accidents in the highway area of the city's administration, in accordance with the relevant provisions of the scheme.

Article 40 of this approach refers to victims other than the insured motor vehicle car car and the insured person.

Article 40 of this approach refers to the cost of being rescued as a result of a road traffic accident in a motor vehicle resulting in injury to a person, in accordance with the Road Traffic Injured Persons Clinics Guide, the unfettered application of life and the medical costs incurred by the measures taken if they were not taken to deal with them in a stable manner, or resulting in disability, organ functional barriers or injury resulting in a significant extension of the disease.

Article 42 states that the funeral cost is the cost of transportation, suspension, rehiding, firefighting, which is necessary for the burial of the remains.

Article 43, when a motor vehicle occurs outside the road, causes injury and injury to the person and applies this approach.

The cranes operate outside the roads, such as the field, the yard, the diversion of accidents, the agricultural machinery authorities receive reports, processed and the need for assistance, and the agromechanical authorities are responsible for informing the fund's management authorities of the cost of the rescue of victims of accidents and assisting the IMF's management in repayments to those responsible for accidents.

Article 44 is piloted as of 1 May 2011.