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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346700.shtml

Ningbo social aid Fund for road traffic accident management pilot scheme

    (February 14, 2011 Ningbo Municipal People's Government at the 95th Executive meeting February 18, 2011, Ningbo Municipal People's Government, the 185th announced as of May 1, 2011) Chapter I General provisions

    First to strengthen the management of social assistance fund for road traffic accidents, to aid the victims of road traffic accidents in a timely manner in accordance with law, according to the People's Republic of China on road traffic safety law of road traffic accidents and the provisional measures on the administration of the social assistance fund (Ministry of the 56th) and other laws and regulations and provisions, these measures are formulated.

    Article road traffic accident within the administrative area of the city social assistance fund (hereinafter Fund) the establishment, collection, use, supervision and management, these measures shall apply.

    Rescue Fund mentioned in these measures refers to the mobilization for advances in motor vehicle road traffic accident personal injury to the victim's funeral expenses, some or all of the cost of rescuing society Special Fund.

    Unified policies, grading the article rescue fund raising, the principle of territorial management, the Division responsible for.

    Fourth of municipal and County (City) district people's Government established a relief fund, Jiang beisanqu, Haishu, jiangdong, into the municipal Relief Fund.

    Municipal Fund for Haishu, jiangdong, Jiangbei District motor vehicle injuries in road traffic accidents that occurred within relief and rescue expenses.

    The County (City) occurred within the district-level Relief Fund for the administration of personal injury in a motor vehicle traffic accident rescue and salvage costs.

    Fifth of municipal and County (City) area was established by the finance, insurance, public security, health, agriculture (Nong), auditing, and other departments rescue fund management team, responsible for the coordination, research and assistance fund operations, validation Fund Department of important issues and related matters.

    Rescue Fund set up under the Office of the leading group, with offices located in the financial sector.

    Article sixth financial sector bailout Fund departments, in conjunction with relevant departments formulate related policies of the local aid Fund, and similar bailout fund raise, use, manage, supervise and inspect.

    Ningbo insurance regulatory Bureau responsible for monitoring insurance companies in accordance with the provisions in full and on time to the city and County (City) district-level relief fund management bodies payment of bailout funds.

    Public security organs traffic management sector is responsible for notification of the Fund Manager advance rescue expenses of road traffic accident victims, to help guide and supervise the daily operation of fund management institutions to help fund management institutions to recourse against the responsible person involved in road traffic accidents.

    Departments in charge of agricultural machinery to assist the rescue fund management institutions to traffic accidents involving agricultural machinery responsible for recovery.

    Health authorities responsible for the supervision of medical institutions in accordance with the road traffic accidents injured timely rescue of the clinical guidelines for diagnosis and treatment of road traffic accident victims and to apply for bailout Fund to advance rescue expenses.

    Seventh of municipal and County (City) to set up fund management institutions with legal personality and performance of fund management duties.

    Fund management organization in public security organs traffic management departments at the same level.

    Chapter fund raising

    Article eighth Fund sources include:

    (A) in accordance with the compulsory traffic accident liability insurance for motor vehicles (hereinafter referred to as compulsory insurance) premiums of extraction of a certain percentage of funds;

    (B) local financial insurance under insurance companies pay sales tax amounts for subsidies;

    (C) not insured pursuant to the provisions of compulsory insurance for motor vehicles owners, Manager of a fine;

    (D) Rescue Fund yields;

    (E) motor vehicle road accident responsibility recovery funds according to law;

    (F) small passenger car special license plate number net income of public bidding;

    (G) the local financial budget special funds;

    (H) social contributions;

    (IX) other funds.

    Before Nineth March 15 of each year, the Municipal Finance Bureau in conjunction with the insurance regulatory Bureau of Ningbo, bailout Fund, based on the previous year's income and expenditure, in accordance with the principles of balance, finance, published by the China insurance regulatory Commission extracted from the insurance premium income fund range, specific percentage to determine the city that year. Tenth Article handle make strong insurance business of city level insurance institutions should according to city finance, and Ningbo insurance prison Council determine of extraction proportion, from city level insurance institutions and branch institutions of make strong insurance premium income in the respectively meter mention funds, in each quarter end of day up 10 a days within, through bank transfers way unified into city level Rescue Fund ad hoc designed households, and provides city level and the County (City) district level Rescue Fund meter mention details situation.

    Municipal Fund management institutions upon receipt of such funds, shall be timely, full transfer to the County (City) district-level relief fund special account.

    11th business insurance business insurance companies, shall be declared to the tax authorities alone to pay insurance premium income and sales tax payable. The County (City) tax authorities shall within 5 working days from the date of the end of each quarter to the local financial sector provides insurance company insurance sales tax for the quarter.

    Counties (cities) should be according to the budget and the financial sector by insurance company pay compulsory insurance tax amounts for the quarter, at the end of each quarter within 10 working days from the date the grant money would be allocated to the ad hoc aid fund special account. Local tax Department, was due in the region within 5 working days from the date of the end of each quarter, the Municipal Finance Bureau offers insurance companies insurance sales tax for the quarter. City Department of Finance according to budget and by insurance companies to pay for the quarter insurance sales tax amount and, at the end of each quarter within 10 working days of the date, handle additional and transfer payments.

    City Department of Finance shall, within 5 working days will belong to the municipal relief funds, appropriated market aid fund ad hoc special area after receiving transfers of funds, financial, shall, within 5 working days will be allocated to the aid fund special account.

    12th public security organs traffic management departments in accordance with stipulations should be insured compulsory insurance for motor vehicles owners, managers of the fine revenue over to the State Treasury at the same level.

    Financial departments should be according to the current budget within 10 working days of the end of each quarter, failing to transfer insurance against traffic fine in full to the Fund at the same level ad hoc account.

    Chapter advances from the Fund

    13th article if one of the following circumstances, road traffic accident litigants and legal liability because there is no capacity to pay and need a bailout, bailout fund management should advance in road traffic accidents personal injury to the victim's funeral expenses, partial or total strangers:

    (A) the rescue expenses exceeded the insurance liability limits;

    (B) the accident did not participate in the compulsory insurance of motor vehicles;

    (C) a motor vehicle accident after escaping.

    Advances made from the Fund according to law the victims funeral costs, partial or total strangers, from road traffic accident relief fund management institutions paid in a timely manner. Advances from the Fund within 72 hours from the time accept the rescue of the victims of strangers. Under special circumstances the rescue expenses to be paid for more than 72 hours, reasons by bear rescue mission of the medical institution in writing. Specific motor vehicle shall be in accordance with the road traffic accidents to prices approved by the accounting of fees.

    Advance limit shall not exceed a maximum of 20,000 yuan per person.

    Medical personnel should be timely rescue of injured in traffic accident shall not delay treatment due to rescue fee is not paid in a timely manner.

    Funeral costs accounting of fees approved by the commodity price departments. Article 14th comply with the first paragraph of this article 13th need bailout funds paid part or all of the costs of rescuing, medical institutions should be the victim rescue expenses and advances made in writing inform the public security organs traffic management departments.

    Public security traffic Administrative Department shall, within 3 working days written notice to the relief fund management institutions, and inform the medical institution.

    15th medical organizations in rescuing injured people within 5 working days from the closing date, to that have not been settled to save costs, can apply in advance to the local aid fund management institutions, and provide documentation of costs relating to salvage. 16th article rescue fund management institutions received police organ traffic management sector advance notification and medical institutions advance yet settlement rescue costs of application and the related material Hou, should in 5 a days within, according to this approach about provides, and road traffic accident injured personnel clinical clinic Guide and local prices sector developed of charges standard for audit, and will audit results written told processing the road traffic accident of police organ traffic management sector and medical institutions.

    Audit includes:

    (A) it belongs to the first paragraph of this article 13th advances from the Fund cases;

    (B) the rescue costs are real, reasonable;

    (C) relief fund managers considered other elements need to be audited.

    Audited meet the requirements of advanced, fund management institutions shall, within 5 working days will be account related costs included in medical institutions; does not meet the requirements of advanced, no advances, and medical reasons.

    17th rescue fund management institutions with medical institutions to advance rescue expenses disputes, by similar bailout fund management departments in charge of health sector coordination.

    18th in line with this approach 13th article needs help pay funeral expenses of the Fund, handled by the relatives of the victims of traffic accidents in the public security organs traffic management sector issued by the dead removal notice of identification of victims and relatives, written advance application to the Fund management institutions.

    Orphan or was unable to confirm the identity of the deceased or injured, treated by the public security organs in accordance with the relevant provisions, their right to compensation by the local fund management institutions to advocate on his behalf and kept in escrow for damages payments. 19th rescue fund management body received burial expenses paid applications and all supporting materials, to meet advanced requirements, shall, within 3 working days, in accordance with the relevant standard paid the funeral costs, and shall inform the public security organs traffic management Department of the road traffic accident.
Does not meet the requirement of advance shall not be paid, and indicate to the applicant the reasons.

    Article 20th relief fund management institutions to save costs and funeral expense to advance application for review, the right to public security organs traffic management departments, medical institutions, insurance companies and funeral and other related units and personnel to verify the situation, relevant units and personnel shall cooperate.

    Fourth chapter fund management

    21st Rescue Fund management institutions shall perform the following duties:

    (A) to raise relief funds;

    (B) receive, audit advance applied for and paid according to law;

    (C) to recover payment;

    (D) other administrative duties of the rescue funds.

    22nd rescue fund management should publicize its phone number, address, contact, and other information.

    Article 23rd relief fund management expenses, including staff costs, office expenses, compensation costs, agency costs, shall, in accordance with the relevant provisions, arranged by the financial sector in the annual budget shall not be expensed in the bailout Fund. 24th relief fund management institutions should be in accordance with the relevant provisions on administration of bank accounts opened relief fund special account.

    Relief Fund surplus at the end next year. 25th Rescue Fund separate accounts, account management, and use in accordance with regulations.

    Relief fund managers received pay, and allocation of relief funds, donations and other sources, should be produced by the Department of Finance issued finance bills.

    26th rescue fund management institutions in accordance with the measures to advance rescue expenses and funeral expenses, shall directly to motor vehicle road traffic accident liability and joint and several responsibility for recovery.

    13th paragraph these measures (c) Relief Fund paid the funeral costs, in part or in whole to save costs, after a road traffic accident cases, dealing with the road traffic accidents traffic management Department of public security authorities shall promptly notify the rescue fund management institutions.

    Units and the victim or his successor to assist relief recovery fund management institutions.

    Units and individuals to assist recovery success can be properly rewarded.

    Administrative agency shall keep the article 27th Rescue Fund bailout Fund financial records and related information regularly clean the advance rescue expenses and funeral costs, to have recourse to save expenses and funeral costs for the reversal.

    Paid on time for more than two years and before the recovery of disbursements, fund management should put forward opinions, reported similar bailout funds after authorities agreed to write off.

    28th of municipal and County relief fund management body shall, within 15 working days of the end of each quarter, quarter financial reports submitted to the Fund at the same level of authority level and fund management institutions. Article 29th relief fund management institutions at the county level on February 5 to the Rescue Fund at the same level each year departments and Rescue Fund at a higher level regulatory bodies submit annual work report.

    Annual reports should include fund raising, and management, financial accounting, financial accounting and audit reports, and staff changes, and so on.

    30th municipal fund management institutions to annually to the municipal relief funds before February 10 departments and provincial fund management submitted the city's, and the last annual report on the work of the same level.

    31st rescue fund management institutions shall record and report the rescue operations of the Fund, there shall be no false records and significant omissions, and the bailout Fund Authority and audit departments of supervision and inspection.

    Competent departments shall entrust the 32nd rescue fund accounting firm to audit the bailout Fund annual report on the work of, and make an announcement, subject to public supervision.

    33rd rescue fund managers change or termination, it shall audit, liquidation, the remaining financial assets turned over to the peer.

    Article 34th Municipal Fund departments before March 1 of each year, the city the previous year fund raising, advances, recoupment, submitted to the Ministry of finance and the China insurance regulatory Commission.

    The fifth chapter legal liability

    Article 35th insurance business insurance companies failing to extract funds from insurance premiums and in full and in a timely manner to aid funds ad hoc special accounts, municipal fund management institutions should be available to Municipal Fund departments reported by Ningbo insurance regulatory Bureau responsible for payment more than 3 working days have not been paid in full, give a warning, and make an announcement.

    36th rescue costs of medical institutions to provide false, by the Department of health warning and be dealt with in accordance with the relevant provisions of the persons directly responsible.

    37th under any of the following circumstances, authorities from the Rescue Fund on bailout fund management institutions and their heads in accordance with the relevant regulations for processing, and you can decide whether to remove help fund management institution responsible:

    (A) in accordance with this Regulation accepting, reviewing applications for advances from the Fund and advances;

    (B) providing false reports, financial and accounting reports;

    (C) in violation of these regulations require the use of bailout funds;

    (D) refuse or impede the Department in charge or relevant departments shall exercise supervision over and inspection.

    38th Rescue Fund authorities and regulatory bodies, as well as staff of the relevant departments, abuse their powers, neglect their duties, engage in the work, shall be given administrative sanctions; a suspected crime, law transferred to judicial organs for handling.

    The sixth chapter supplementary articles

    39th in the administrative area of the city of personal injury road traffic accidents on expressways in the bailout, the municipal relief fund management bodies in accordance with the relevant provisions of these measures.

    40th victim in these measures refers to motor vehicles caused by road traffic accidents in addition to the insured motor vehicle personnel, victims other than the insured.

    41st article this approach by said rescue costs, is refers to motor vehicle occurred road traffic accident led to personnel injured Shi, medical institutions according to road traffic accident injured personnel clinical clinic Guide, on life signs not smooth and although life signs smooth but if not take processing measures will produced life dangerous, or led to disability, and organ function obstacles, or led to course obviously extended of injured personnel, take necessary of processing measures by occurred of medical costs.

    42nd funeral costs mentioned in these measures refers to the body necessary for the funeral transport, parking, refrigeration and cremation costs.

    Article 43rd in a road traffic accident outside, resulting in personal injury, these measures shall apply.

    Tractors in the fields, yards and other road work, transfer of accident, authorities received a report of agricultural machinery, processing and need assistance, informed by the departments in charge of agricultural machinery Rescue Fund Manager advance rescue expenses of accident victims, and assist relief fund management institutions to involve recourse against the person responsible for the accident. 44th article this way trial beginning May 1, 2011.