Shanxi Rural Five-Guarantee Approach

Original Language Title: 山西省农村五保供养办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340858.shtml

Shanxi rural five-guarantee approach

    (Standing Committee of the people's Government of Shanxi province, on October 20, 2010 the 71st passed on November 8, 2010, Shanxi province people's Government promulgated as of January 1, 2011, No. 228) Chapter I General provisions

    First for rural five-guarantee the normal life of the object, specification for rural five-guarantee work, promote the development of social security in rural areas, according to the regulations of the rural five-guarantee work, combined with the facts of the province, these measures are formulated.

    Second rural five-guarantee within the administrative area of the province, these measures shall apply.

    Rural five-guarantee mentioned in these measures refers to food, clothing, housing, medical, and was buried (teachers) shall be given in terms of care and material assistance for the villagers.

    Article five guarantees supporting in rural areas should be guided by the following principles:

    (A) guarantee a normal life;

    (B) the Government;

    (C) open, fair and just.

    Fourth above the county level shall exercise leadership in rural five-guarantee work within their respective administrative areas.

    Civil affairs departments above the county level people's Governments in charge of the administrative areas of rural five-guarantee work, responsible for the administration of rural five-guarantee approval, management and construction of rural five-guarantee services, managing and supervising the work.

    People's Government above the county level development and reform, education, justice, finance, human resources and social security, Ministry of land and resources, housing and construction, agriculture, health, tax, audit, preparation, business, statistics and other administrative departments shall, in accordance with their respective responsibilities, rural five-guarantee work well done according to law.

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

    Village committees to assist the township (town) people's Governments rural five-guarantee work.

    Fifth, legal persons and other social organizations and individuals shall be encouraged for rural five-guarantee fund and rural five-guarantee work, material donations and volunteer service.

    Donations provided in accordance with State regulations, enjoy preferential policies.

    Sixth people's Governments above the county level and the Ministry of civil affairs departments have made remarkable achievements in rural five-guarantee work units and individuals, recognition and rewards.

    Chapter dependent objects and dependent content

    Article seventh rural five-guarantee object refers to the same time in accordance with the following conditions of old age, disability or age of 16 villagers:

    (A) without the ability to work;

    (B) no source of livelihood;

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

    Article eighth confirmed five guarantees supporting in rural areas under the following procedure:

    (A) enjoy the benefits of rural five-guarantee, by villagers to the villagers ' Committee, I should apply for young or mental disability unable to express their wishes, on whose behalf the application by village groups or other villagers.

    (B) a villagers ' Committee shall be from the date of receipt of the application in the 20th, democratic appraisal, to meet the conditions specified in article seventh of this approach, in the context of the village public; no major objections, comments and related materials submitted to the township (town) people's Government audit.

    (C) the township (town) people's Governments shall, from the date of receipt of the comments and related material in the 20th, an investigation of the applicant's family situation and economic conditions verified the audit opinion, and an audit opinion and related materials submitted to the County Civil Affairs Department for approval. (D) the County Civil Affairs Department shall receive comments and related materials from the date in the 20th, to review the submitted materials and make a decision.

    Eligible, rural five-guarantee certificate will be issued, and enjoy the benefits of rural five-guarantee; do not meet the conditions, and shall state the reasons in writing.

    Nineth article rural five dependent object death or no longer meet this approach seventh article provides of, village Committee or rural five dependent service institutions should in 20th within to Xiang (town) Government report; Xiang (town) Government should since received report of day up 10th within audit and reported County Government home sector approved, County Government home sector should since received related material of day up 10th within approved, cancellation its rural five dependent card, stop rural five dependent treatment.

    Tenth article five guarantees supporting in rural areas include:

    (A) the supply of grain, oil and food and the live fuels;

    (B) provide clothing, bedding and other supplies and pocket money;

    (C) provide basic living conditions of housing;

    (D) providing treatment;

    (E) for a funeral matters.

    11th rural five-guarantee is compulsory, the local people's Government on the boarders benefit of living of rural five-guarantee access to non-compulsory education, finance, educational administrative departments should be included in the funding system for students from poor families subsidies.

    Has reached the age of 16 are still in compulsory education, high school and secondary vocational education, should continue to enjoy the benefits of rural five-guarantee.

    12th medical institutions shall, in accordance with the regulations for rural five-guarantee preferential credits of diagnosis and treatment of disease.

    County Civil Affairs Department shall finance the participation of rural five-guarantee in new rural cooperative medical care; treatment costs of rural five-guarantee, after claims by the new rural cooperative medical care provisions, individual contribution into the scope of rural medical assistance priorities.

    Rural five-guarantee of 60 years of age should enjoy the benefits of basic old-age pension provided by the Government.

    Unable to take care of rural five-guarantee, by the township (town) people's Government commissioned a villagers ' Committee, rural five-guarantee services determine the person or relatives to care for.

    13th funeral of rural five-guarantee, concentrated by the rural five-guarantee service charge, scattered by the villagers ' Committee in charge of the support, funeral expenses according to the standards of its one-year support subsidies.

    Chapter support standards and financial security

    14th rural five-guarantee criteria, by District municipal people's Government in accordance with the lower counties (cities and districts) average daily consumption level of the previous year respectively, submitted to the provincial people's Government for the record after the execution.

    Rural five-guarantee criteria, along with the national economic and social development and local villagers ' average daily consumption level adjust.

    15th people's Governments above the county level rural five-guarantee funds should be included in the financial budgets are guaranteed, except for provincial financial burden, inadequate to provide for standards of the area established in part by the city and county level people's Government of financial burden. Civil affairs departments above the county level people's Government shall at the end of each year based on the authorized strength of rural five-guarantee number and maintenance standards, financial departments at the next annual payment plan, financial Department and reported to people's Governments at the same level for approval, shall be paid quarterly to ensure on time.

    Centralized funding allocation of rural five-guarantee the service agencies, decentralized funding through banks, credit unions, postal savings directly to rural five-guarantee.

    16th rural collective operation income where income arrangements such as collective management of funds from the rural areas should be used to benefit and improve the lives of rural five-guarantee.

    Welfare Lottery and no clear intention of the social donation donation Fund shall, in accordance with a percentage for construction of rural five-guarantee service.

    Rural five-guarantee objects on their lawful private property by law is entitled to possess, utilize, profit from and dispose of rights, no organization or individual may infringe upon rural five-guarantee others will be contracted land circulation, its turnover proceeds all the five guarantees supporting object; the heritage of rural five-guarantee, in accordance with the People's Republic of China relevant provisions of the law of succession.

    Fourth chapter support and support institutions 17th implementation of concentrated or dispersed rural five-guarantee object support.

    Forms of rural five-guarantee object can choose to support.

    Concentrated, unified by the rural five-guarantee services for the care and daily management of township (town) people's Governments and rural five-guarantee services, rural five-guarantee support services agreement.

    Separately supply, by the villagers ' Committee commissions the care; or rural five-guarantee services provides support services, villagers ' committees are responsible for the daily management; a villagers ' Committee should be entrusted with the care people, rural five-guarantee support services agreement.

    Support services agreement shall include the party's name, address, contact, contact, support standards, the rights and obligations of the parties, agreement, duration, location and conditions of the agreement, breach of contract and other matters as agreed.

    18th rural five-guarantee service is the State, social organizations or personally held concentrated rural five-guarantee service.

    Organised by government investment, the use of State-owned assets of rural five-guarantee institutions, conditions of the institutions, in accordance with the registration and management of public institutions, social organizations and individuals tap into the collective assets, personal assets held for rural five-guarantee services, in accordance with the management and registration of private non-enterprise units.

    Rural five-guarantee service should be carried out in accordance with the registration and administration of social welfare agencies registration and management.

    19th at all levels shall rural five-guarantee service institution-building should be integrated into national economic and social development plan.

    County, and Xiang (town) Government should combined town of construction, according to local agricultural population and Xiang (town) distribution, situation, and manpower planning, reasonable layout, on existing rural five dependent service institutions of based facilities for maintenance, and transformation; full using Xiang (town) idle based facilities resources for integration, new rural five dependent service institutions; has conditions of, can construction has regional center dependent service function of rural five dependent service institutions.

    20th of the people's Governments above the county level shall separately supply rural five-guarantee timely maintenance of housing, security of rural five-guarantee of housing security.

    The 21st County and township (town) people should be government-run rural five-guarantee services manage the appropriations included in the budget of the Agency, and providing the necessary equipment.

    Referred to in the preceding paragraph includes funding for rural five guarantees supporting service organizations management management services personnel costs, office expenses, housing construction and maintenance, heating, water and electricity charges and other related charges. The 22nd County and township (town) people's Government should be government-run rural five-guarantee service equipped with the necessary management staff.

    Rural five-guarantee service according to rural five-guarantee service of dependents is not less than the proportion of 1:10 employment service personnel.

    23rd County and township (town) people's Government and the relevant departments sideline production in rural five-guarantee service should be given the necessary support.

    Of rural five-guarantee service agencies to improve the living conditions of rural five-guarantee for the purpose of agricultural production, production and operation of collective income, reproduction and to improve the living conditions of rural five-guarantee. 24th rural five-guarantee services shall establish internal management system health payments, set up the Management Committee, practise democratic management. Hospital Management Committee consists of managers, staff and representatives of rural five-guarantee, society composed of donor representatives.

    Management matters involving the interests of rural five-guarantee, shall be subject to the Management Committee's brainstorming.

    Rural five-guarantee services shall establish and improve file management, safety and security, sanitation, medical care and other services management system, the implementation of financial revenues and expenditures such as the public system, acceptance of Civil Affairs, finance, audit, and other relevant departments and social supervision.

    Supervision and administration of the fifth chapter

    25th people's Governments above the county level shall strengthen the supervision and management of rural five-guarantee work, Township (town) people's Governments should develop rural five-guarantee work and organize the implementation of the management system.

    26th Government civil affairs departments above the county level shall strengthen the management of rural five-guarantee work, villagers to register eligible for rural five-guarantee, a rural five-guarantee the object management records and electronic database regularly organizing job skills training for rural five-guarantee service agency staff, increase their level of service management, push rural five-guarantee fund in full and on time. 27th rural five-guarantee funds in financial departments should be paid on time and in full, ensuring that funds are available.

    Finance and auditing Department shall strengthen the rural five-guarantee fund management and supervision on the use of checks.

    28th article of rural five-guarantee application, examination and approval procedures and maintenance of standards, the use of the funds, to the public, subject to public supervision.

    The 29th special management of rural five-guarantee funds, earmarked to any organization or individual shall embezzle, misappropriate or intercept or privately.

    Sideline production in rural five-guarantee services operating income, no organization or individual shall embezzle.

    The sixth chapter legal liability

    30th article violates these rules, any of the following acts, by the higher people's Governments and their finance, civil affairs departments in accordance with the functions and powers, a rectification; fails, be warned or criticized, and are directly responsible for the managers and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) do not develop rural five-guarantee standard or supporting a standard lower than the local average consumption levels of living;

    (B) not on time to receive, review and approve applications for enjoying the five guarantees supporting in rural areas;

    (C) to meet the conditions for rural five-guarantee the villagers do not enjoy the benefits of rural five-guarantee approved, or not eligible for rural five-guarantee approval of the villagers enjoy the benefits of rural five-guarantee;

    (D) rural five-guarantee funds are not in accordance with the relevant provisions included in the budgets allocated or, delayed release;

    (E) after the five guarantees supporting in rural areas to reduce undeclared, of acquiring funding for rural five-guarantee;

    (F) the embezzlement, misappropriation, interception, dividing up of rural five-guarantee.

    31st rural five-guarantee service agency staff, one of the following acts, be dismissed; or for rural five-guarantee service of rural five-guarantee damage caused by objects shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the deduction of five guarantees supporting in rural areas should enjoy the support of the object;

    (B) the abuse, insult of rural five-guarantee;

    (C) breach of safety regulations cause serious accidents;

    (D) other violations of rural five-guarantee the legitimate rights and interests.

    Article 32nd village Committee members of corruption, misappropriation, interception of rural five-guarantee, be removed from Office in accordance with law constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    Agricultural population in the 33rd district neighborhood Office in accordance with the provisions of these measures of township (town) people's Government carried out duties of rural five-guarantee work.

    34th article of the rural five-guarantee certificates printed by the provincial Civil Affairs Department. 35th article of the rules implemented on January 1, 2011.