Bereaved Families Of Military Personnel, Qiqihar City Preferences

Original Language Title: 齐齐哈尔市军人抚恤优待办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264172.shtml

Bereaved families of military personnel, Qiqihar city preferences

    (June 3, 2010, Qiqihar city people's Government consideration at the 14th session of the 47th Executive meeting on June 21, 2010, 2nd, Qiqihar city people's Government promulgated as of July 22, 2010) Chapter I General provisions

    First in order to guarantee the soldiers ' pensions and preferential treatments, maintain pensions and preferential treatments for the legitimate rights and interests, in accordance with the regulations on military pensions and preferential treatments and the bereaved families of military personnel preferences in Heilongjiang province and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city to the Chinese people's Liberation Army active duty (hereinafter referred to as active duty), and demobilized soldiers, veterans with disabilities, veterans and martyrs ' survivors, survivors of the soldiers died while on duty military survivor, died (collectively the three genera), active duty military families on pensions and preferential treatments, procedures apply.

    Third military pensions and preferential treatments for the implementation of the principle of combining national and community.

    Governments above the county level should be the inclusion of military pensions and preferential treatments for socio-economic development master plan, establish and improve the mechanism of natural growth in the pension benefits standards, pension benefits commensurate with the level of the city's economic and social development, safeguard pensions and preferential treatments for the object of life is not less than the local average living standards.

    The whole society should be concerned about and respects on pensions and preferential treatments, martyrs activities in various forms, and encouraged social organizations, enterprises and individuals to the cause of military pensions and preferential treatments make a contribution.

    Fourth of municipal or County (City) and district departments are under the jurisdiction of the Government at the same level in the administrative area of military pensions and preferential treatments the competent departments, is responsible for implementation of this approach.

    All levels of finance, development and reform, human resources and social security, housing and urban-rural development, public health and other relevant departments, working in the military within the scope of their respective duties on pensions and preferential treatments.

    Requirements for the fifth military pensions and preferential treatments, other than the Central Government allocated, borne by the Governments above the county level classification.

    All levels of Government military pensions and preferential treatments for funding should be included in the annual budget, implementation of special accounts management, earmarking.

    Sixth financial, auditing and supervision departments above the county level shall be in accordance with the terms of reference, military pensions and preferential treatments for funds and donations management, monitor usage.

    Chapter II pension

    Seventh section three and disabled soldiers in accordance with the pension benefits Ordinance, military pensions and preferential treatments in Heilongjiang province and the measures of political honor and a pension from the State and community.

    Article eighth civil affairs departments at the county level by ratification, confirmation notice, of the three genera separately issued by the People's Republic of China martyr's certificates and the People's Republic of China soldiers died while on duty certificate and the People's Republic of China military certificate of death.

    People's Republic of China martyrs certificate, and People's Republic of China soldiers for public sacrifice certificate, and People's Republic of China soldiers died certificate only limited a people holds, by martyrs, and for public sacrifice soldiers, and died soldiers of parents (raised people), and spouse, and children consultations determine holding witnesses, and to written form told local County home sector; consultations not of, by County home sector in received approved, and confirmed organ notification of day up three months within, by following order issued:

    (A) parents (foster);

    (B) the spouse; (C) children.

    Many children held by the elderly.

    Of the provisions of the preceding paragraph, by the martyrs, died while on duty soldier, died of the brothers and sisters of soldiers of older people without brothers and sisters, not be issued. Nineth servicemen sacrificed or died from the receipt of military civil affairs departments at the county level in accordance with national standards of sacrifice or death notice, issued to family members of a one-time pension.

    Received honorary titles or meritorious service of martyrs, died while on duty in uniform, has died of the military, in accordance with national standards of their survivors additional one-time benefits.

    Meet the conditions for enjoying a one-time pension survivor's all settled overseas and original residence of household registration has been cancelled, by the soldiers of death living army civil affairs departments at the county level are responsible for the payment. Tenth one-time grant to martyrs, servicemen's parents died while on duty in uniform, died (dependants), spouses, children without parents (dependants), spouses, children, send age of 18 siblings, and has 18 years of age without a source and the military dependent brothers or sisters before his death.

    No such object, cannot be released. Survivors in the same order receive a one-time pension in accordance with the wills to death soldiers released. Without a will, or a will is not valid, by survivors ' consultation.

    Through consultation, can be assigned equal number of survivors in the same order.

    11th c is issued regularly to comply with conditions set by the State pension, and pension standards in accordance with the relevant provisions of the State on a regular basis.

    When military sacrifice, died because they did not meet the conditions set by the State, are not regular pension survivor's, are now earning less than other local pension benefits pension standards, and have one of the following conditions, which I apply to the Hukou County Civil Affairs Department, after examination and approval by the provincial Department of Civil Affairs, since the next month by the civil affairs departments at the county level to periodic pension:

    (A) parents (dependants), incapacity of the spouses;

    (B) children over 18 years of age but disability or at the National Commission of school education.

    Article 12th regular survivors ' pensions for two or more persons and registered permanent residence is not in the same area, granted by the survivor's Hukou County Civil Affairs Department, not below the national standard. Enjoy regular pension martyr, died while on duty soldier, died after military spouses to remarry, continue to carry out military support, while maintenance obligations and enjoy regular pension.

    No longer perform maintenance, maintenance obligations, cancel scheduled benefits. 13th disabled soldiers discharged from or approved by the forces transferred to the local government, I shall, within 60 days of the People's Republic of China disabled permit, local civil affairs departments at the county level to apply for household registration into pension.

    Civil affairs departments above the county level shall be in accordance with the responsibilities and procedures into procedures and making audit decisions within 60 days.

    Granted upon examination of his moving pension discharged disabled soldiers, starting from next January, in accordance with the standards prescribed by the State disability pensions.

    14th and demobilized military personnel in active service during the war, disabled for the public, failing to assess levels of disabilities, himself or his legal guardian may apply to the Hukou County Civil Affairs Department has gone through assessing levels of disabilities.

    Civil affairs departments at all levels shall, in accordance with responsibilities, by virtue and demobilized armymen archives which have legal standing in the original written, or during active service force units above the army level original medical certificate issued by a specified system of army hospitals, be made according to prescribed procedures assessing levels of disabilities.

    15th soldier discharged with a disability, disabling conditions deteriorated, adjusted levels of disabilities themselves or their legal guardians, should be divided into districts, the Municipal Department of civil affairs certificate of medical identification issued by the designated medical institution, Hukou County Civil Affairs Department to apply.

    Civil affairs departments at all levels shall, in accordance with responsibilities, in accordance with the prescribed procedures for change of their disability be reviewed on a case, to meet the conditions, to adjust levels of disabilities.

    Medical identification certificate issued by medical organizations, health expert panel organized by the medical institution in accordance with the provisions to be confirmed.

    16th evaluation disability disabled soldiers discharged for a replacement level or adjust the level of disability, by domicile approved by the civil affairs departments at the county level starting next month, according to the national standards for issuing disability pension. Article 17th discharged from one to four levels of disabled soldiers, supported by national life.

    Inconvenience to require long-term nursing or medical care, daily subsistence needs placed, by himself or his legal guardian to apply to the Hukou County Civil Affairs Department and approved by the provincial Civil Affairs Department, put them in some Hotel des Invalides, concentrated rehabilitation hospital. 18th and demobilized soldiers with disabilities need to prepare artificial limbs, wheelchairs, mobility scooters and other auxiliary devices, I could apply to the Hukou County Civil Affairs Department, after examination and approval by the provincial Department of Civil Affairs, to a specific unit or free installation and preparation of medical institutions.

    Requirements in accordance with the relevant provisions of the provincial finance, civil affairs departments. 19th civil affairs departments at the county level shall receive the discharged disabled soldiers concentrated, configuring AIDS within 15 working days from the date of application for preliminary review and report to the provincial Civil Affairs Department.

    Provincial civil affairs departments shall, within 15 working days to make a decision, and shall inform the parties in writing. 20th article in State, and State-owned enterprises work of exit active of disability soldiers, for old injury recurrence need to field treatment or preparation auxiliary devices of, its roundtrip transportation, and accommodation fee, by work units approved Hou, according to this units workers travel about provides be verification; other exit active of disability soldiers, by I or its statutory guardian to household location County home sector proposed written application, by approved Hou, its transportation, and accommodation fee according to local organ general staff travel standard be verification,

    Requirements in the pension expenses at the same level in Liechtenstein.

    Article 21st discharged disabled soldiers dispersed the first four places, the nursing fee by the Hukou County Civil Affairs Department in accordance with the national provisions, the funds required by the financial burden. Nurse shall, according to the local Statistics Department releases annual workers ' monthly wage determined on, adjusted in July each year.

    When local negative growth in wages, nurse upheld the standards unchanged.

    22nd benefits of demobilized soldiers, in spite of returning veterans and nuclear decommissioning in death of war, Hukou County Civil Affairs Department once their enjoyment of the additional six months regularly grants or subsidies, as funeral subsidy fee and cancellation of their pension benefits documents. 23rd the Governments at various levels shall, in accordance with the relevant provisions, will focus on pensions and preferential treatments for objects incorporated into towns or rural minimum living standard security.
Focus on pensions and preferential treatments to enjoy when pension benefits are not included in the calculation of the low family income.

    Income (including disability benefits and regular benefits, regular quota subsidies) amounted to less than a local average living standards of servicemen with disabilities servicemen, demobilized soldiers and three genera should be supplemented through issuance of periodic pension or other means.

    Funding jointly by provincial, city and County financial burden.

    Chapter preference Article 24th of County Government in accordance with the relevant provisions of the province, when the army residence in the administrative area of military families providing preferential payment.

    Non-domicile by the army of conscripts, recruited directly from the local military students as well as arts and sports professionals, do not enjoy the military family discount gold. For early retirement from active service of conscripts, in accordance with their actual years of active duty be given preference.

    Time of active service for less than a year, calculated according to the year.

    Prior to enrollment of Taiwanese college students recruited, in accordance with the relevant provisions of preferential treatment.

    25th town military family discount gold by province, city and County finance in accordance with the provisions of the province percentage grading burden military privilege gold by the provincial financial burden on their families in rural areas.

    Military family incentives payments issued by the civil affairs departments at the county level are responsible for.

    Article 26th discharged disabled soldiers with the People's Republic of China Disabled military certificate of State and province on the preferential treatment of persons with disabilities. 27th discharged disabled soldiers in State organs, social organizations, enterprises and institutions to work and enjoy equal benefits and medical treatment of injured personnel.

    Employers may not because of their disability, be dismissed, dismissal or termination of labor relations.

    Due to dissolution, be revoked according to law, bankruptcy, restructuring of disability, unemployed and demobilized soldiers, by units of the departments in charge of rehousing; authorities placement have difficult or no competent authorities, the local departments to give priority to the training of human resources and social security, featured posts.

    Government's social development post, priority should be placed with disabilities meet the job requirements and demobilized soldiers, three genera and families of servicemen on pensions and preferential treatments.

    28th servicemen to six soldiers with disabilities should be fully incorporated into the health care co-ordination, in accordance with the relevant provisions of the provincial standards and management practices in local medical co-ordination in retired cadres.

    Article 29th retire from seven to ten levels of disabled soldiers, enjoy regular pension of three genera and enjoy the benefits of demobilized soldiers, in spite of returning veterans, the war's nuclear decommissioning personnel, their medical treatment in accordance with the relevant provisions of the State and province.

    Article 30th of county-level Governments should establish focused on pensions and preferential treatments for Medicaid and medical systems, and the specific measures formulated by the County Government. 31st passenger sectors such as railways, roads should be opened ticket Windows and soldiers waiting (ship) ().

    Active-duty soldiers, discharged disabled soldiers, veterans with valid documents priority ticket by train, ship, long-distance passenger cars and civilian aircraft, active duty and discharged disabled soldiers enjoy the preferential treatment of the normal fare of 50%.

    Compulsory servicemen, disabled military personnel with valid documents, free travel on local buses, trams and rail transport.

    32nd active servicemen, and demobilized soldiers with disabilities with valid documents, visit free of charge within the city limits of various types of parks, museums and memorial halls, science museums, tourist attractions, free public library open library data.

    Article 33rd on pensions and preferential treatments in the course of employment, entrepreneurship, should enjoy the national tax policy.

    Self-employed, independent of their former servicemen, self-employed, shall enjoy national and provincial preferential policies for self-employment, local industry and Commerce authorities should be given priority in the relevant procedures. Article 34th on pensions and preferential treatments and their children enjoy the State and province, provides a variety of educational benefits.

    Martyrs ' children receive compulsory education in public schools exempt from all fees charged by the school in public high schools, secondary technical schools and received academic education in colleges and universities tuition-free.

    35th and demobilized soldiers with disabilities, veterans, returning veterans are ill, three are and war nuclear decommissioning personnel benefits, enjoy the following preferential treatment of housing:

    (A) under the same conditions, giving priority to lease low-rent housing;

    (B) in accordance with national and provincial conditions for acquisition of the affordable housing, gives priority arrangement;

    (C) at the time of urban housing renovation, demolition, should enjoy no less than the local relocation compensation on family allowances and preferential treatment of persons with disabilities;

    (D) reside in the rural areas unable to solve housing difficulties, local governments should be given priority in rural mud cottage transformation. 36th new received between one and four disabled selected placed, resolved by the settlement the Government responsible for their area of not less than 50 square meters of housing, property right turn.

    Requirements in addition to the central financial benefits shortfall by placing Government solutions; after moving in, such as the disabled war veterans to apply for change of leaf, upon approval, concentrated its housing by placing Government back. 37th residential buildings focus on pensions and preferential treatments to enjoy no less than the local minimum living standard security, the proportion of disabled persons heating charges relief privileges with valid documents to pay heating sector for relief procedures.

    Life is truly difficult to focus on pensions and preferential treatments of rural household heating problems, the County Government is responsible for a proper solution.

    38th above the county level of human resources and social security departments should be provided to dependents of unemployed free vocational orientation and training, and is responsible for coordinating priority job placement unit in the same condition. 39th at all levels of Government should be in major festivals on pensions and preferential treatments for objects of sympathy. Servicemen awarded more than second-class merit award, the local Government shall organize condolence activities for military families. When military families won above the provincial level honorary title, Hukou County Government shall timely notify the military forces.

    On receiving the notice of military sacrifice, died, families of the local governments at the county level shall timely make soothing aftermath.

    40th on pensions and preferential treatments to give priority access to legal assistance.

    41st to encourage Governments to set up special care and hospital and glory, a treatment or focus on pensions and preferential treatments for dependent orphans and unable to take care of.

    Encourages the community to initiate the various social welfare organizations to have priority to receive pensions and preferential treatments.

    Governments at all levels in accordance with local practice, can organize in rural veterans, disabled war veterans and rehabilitation treatment on pensions and preferential treatments of chronic disease.

    The fourth chapter legal liability

    42nd by the survivors of the non-possession and use of the People's Republic of China martyr's certificates and the People's Republic of China soldiers died while on duty certificate and the People's Republic of China military certificate of death, illegally held by Ministry of civil affairs departments at the county level people's right to remove its material interest shall be recovered, recover the appropriate certificate, and returned to the rightful owners; lenders, the lenders given criticism.

    Article 43rd deceit persons eligible for pensions and preferential treatments, examined by the civil affairs departments at the county level, after the approval of the provincial Civil Affairs Department, cancel its pensions and preferential treatments for qualification and recover all payments on pensions and preferential treatments.

    44th administration and staff, any of the following circumstances, the supervisory organ or authority shall order correction within; it fails to, the managers directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) is not in accordance with the provisions of the People's Republic of China martyr's certificates and the People's Republic of China soldiers died while on duty certificate and the People's Republic of China military certificate of death;

    (B) failing to go through the regular procedure, disability pensions move or go through the assessment levels of disabilities, adjust the level of disability;

    (C) is not in accordance with the standards for the award of pensions, nursing fees, grants, preferential payments, funeral subsidy;

    (D) discharged disabled soldiers prepare for eligible assistive device application is not approved or delaying approval;

    (E) appropriate or divert, delay pensions and preferential treatments for funding;

    (F) abuse of power, favoritism, bribery in the work;

    (VII) other circumstances that need to be prosecuted.

    Article 45th medical and health experts are members of the group or its proof of false identification, rectification of the Government at the same level, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    The fifth chapter by-laws

    Article 46th of the Chinese people's armed police force within the administrative area of the city on pensions and preferential treatments for these measures.

    Army retired, retired on pensions and preferential treatments, in accordance with the provisions relating to active duty on pensions and preferential treatments in these measures.

    By militia who fought injuries, workers compensation, for taking part in military exercises, military training, carrying out military duties and carry out non-combat military operations casualties are reservists, militia, workers compensation, reference to the relevant provisions of the measures.

    47th on pensions and preferential treatments during criminal sentences or wanted, on pensions and preferential treatments to abort it; is sentenced to death or to life imprisonment, cancel its pensions and preferential treatments for qualification. Result of release from prison, was aborted on pensions and preferential treatments, approved by the provincial Civil Affairs Department, restoring its original enjoy pensions and preferential treatments.

    Be suspended during suspension of pensions, gratuities and favors gold will not be reissued.

    48th average living standards of local residents, above the county level by the home, financial, statistical departments to local families with per capita living consumption expenditure of urban and rural residents on the basis of due consideration of urban households per capita average disposable income, the per capita net income of rural households and many other factors, the Government at the same level for approval and publication.

    Focus on pensions and preferential treatments in 49th article of the rules object that refers to the treatment of receiving pension benefits in rural veterans, discharged disabled soldiers, three genera, in spite of returning veterans and war nuclear decommissioning personnel.
In the rural veterans in these measures refers to October 31, 1954, by the army, approved after demobilization from the army, residence in rural or town without the work of the staff.

    Veterans in these measures refers to after November 1, 1954 to commence compulsory military service to participate in the people's Liberation Army, held veterans or veterans documents personnel.

    Among them, on active service during the illness, but not enough evaluation of levels of disabilities conditions and proof of military hospital, known as the returning veterans are ill.

    War retired personnel in these measures refers to have served in the army and participated in the conferences since November 1, 1954 to resist foreign aggression and complete reunification of the motherland and to safeguard national sovereignty and territorial integrity, defending national security force against retired personnel and fight against enemy military action.

    Nuclear decommissioning personnel mentioned in these measures refers to 1964 to 1996 in the original Commission of 21 test sites (formerly of unit 8023) or other retired Army personnel who took part in nuclear tests.

    50th article of the approach by the municipal people's Government is responsible for the interpretation. 51st these measures shall come into force on July 22, 2010.