In Sichuan Province, The Measures For The Implementation Of Rural Five-Guarantee Work Ordinance

Original Language Title: 四川省《农村五保供养工作条例》实施办法

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In Sichuan province, the measures for the implementation of rural five-guarantee work Ordinance

    (September 22, 2009, Sichuan provincial people's Government at the 41st Executive meeting on October 28, 2009, Sichuan provincial people's Government promulgated as of January 1, 2010, order No. 238) Chapter I General provisions

    First for rural five-guarantee work, improve the social security system, according to State Council regulations of the rural five-guarantee work, in Sichuan province, these measures are formulated.

    Article five guarantees supporting in rural areas, is in accordance with these rules, food, clothing, housing, medical, burial and other rural residents in terms of care and material assistance.

    Third cause of rural five-guarantee people's Governments above the county level shall be incorporated into the national economic and social development plan for the protection of rural five-guarantee work.

    Civil affairs departments above the county level people's Governments in charge of the administrative areas of rural five-guarantee work, and other relevant departments shall, in accordance with their respective responsibilities and make rural five-guarantee work.

    Township and town (subdistrict office) is responsible for the management of rural five-guarantee work within their respective administrative areas.

    The village (neighborhood) committees assist the Township and town people's Governments (Street) for rural five-guarantee work.

    Fourth Government encourages social organizations or individuals for rural five-guarantee rural five-guarantee work and contributions and services.

    Government made remarkable achievements in rural five-guarantee work units or individuals to give recognition.

    Chapter dependent objects

    Article has a residence in Sichuan province of old age, disability, or rural residents under 16 years of age, incapacity, without sources, without statutory support, maintenance, maintenance obligations or the statutory support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity, enjoy the benefits of rural five-guarantee.

    Article sixth of rural five-guarantee according to the following procedure:

    (A) by the rural residents themselves to the village (neighborhood) committees apply for young or unable to express their wishes with intellectual disabilities, designated by the legal guardian, guardian, villager Group on whose behalf the application or other rural residents.

    (B) with the village (neighborhood) organizational review of the Commission, to meet the conditions as provided herein, after public notice, no major objections in this village by village (neighborhood) Committee will review comments and related materials submitted to the Township and town people's Governments (Street) for review. (C) in township and town (subdistrict offices) shall be from the date of receipt of the comments in the 20th, to investigate and verify the family and economic situation of the applicant, submitted an audit opinion.

    To meet the conditions of this regulation, will review comments and related materials submitted to the County Civil Affairs Department for approval; do not meet the conditions, return-related materials in a timely manner, and to state the reason in writing. (D) the County Civil Affairs Department shall receive comments and related materials from the date in the 20th, to review the submitted materials, according to the decision.

    To meet the conditions of this regulation, approval of its treatment of enjoying the five guarantees supporting in rural areas, rural five-guarantee certificate will be issued, files; does not meet the conditions, return-related materials in a timely manner, and to state the reason in writing.

    Article disagrees with the assessment, examination and approval of the applicant, to the village (neighborhood) committees or township people's Government (Street) and County Civil Affairs Department to apply for a review.

    Eighth article rural five dependent object no longer meet this approach fifth article provides conditions of, should timely to village (home) people Committee or rural five dependent service institutions report, village (home) people Committee or rural five dependent service institutions should to Xiang, and town government (subdistrict offices) report, by Xiang, and town government (subdistrict offices) audit and reported County Government home sector approved Hou, verification its rural five dependent certificate, stop its five dependent treatment.

    Death of rural five-guarantee, the village (neighborhood) committees or rural five-guarantee service to the Township people's Government (Street), by Township and town people's Governments (Street) after the review and approval of the County Civil Affairs Department, verification of its rural five-guarantee certificate.

    Nineth five guarantees supporting in rural areas are not 16 years of age or have reached the age of 16 is still compulsory, should guarantee that they shall be subject to compulsory education requirements.

    Chapter support content and form

    Article tenth of rural five-guarantee includes the following support:

    (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) to provide basic medical security, unable to take care of the care;

    (E) for a funeral matters.

    11th article five guarantees supporting in rural areas may not be lower than the local average living standards of rural residents, and economic development and the improvement of local average living standards of rural residents adjust.

    Rural five-guarantee specific standards from the County home, finance, statistics and pricing authorities according to local rural residents per capita consumption expenditure and related factors at the development, reported the people's Governments at the corresponding level for approval and submitted to the provincial people's Government for the record after the execution.

    Developed around the five-guarantee specific standards, shall not be less than rural five-guarantee criteria established by the provincial people's Government. 12th article five guarantees supporting in rural areas to take concentrated and decentralized support means, encourage concentration dependent.

    Suffering from mental illness and of legal infectious diseases in rural five-guarantee should not be concentrated in rural five-guarantee service organizations.

    Article 13th concentrated, from rural five-guarantee service and rural five-guarantee support services agreements; implementation of separately supply, the village (neighborhood) committees and rural five-guarantee support services agreement.

    Article 14th rural five-guarantee the basic medical care, through the new type of rural cooperative medical system and rural medical assistance system to protect it. After the death of rural five-guarantee, the County civil affairs departments should support standards for rural five-guarantee for one year lump-sum funeral grant. Funeral grant settlement fees from a five-guarantee funds.

    Concentrated, supported by five service agencies funeral; separately supply, the village (neighborhood) committees handle the funeral.

    15th the County (city, district) people's Government to the inclusion of rural five-guarantee fund budget.

    Province, city (State) finance to increase the financial difficulties of counties (cities and districts) and helping in ethnic minority areas. Non-directed social donations can be used to benefit and improve the lives of rural five-guarantee.

    Welfare lottery should set aside a certain percentage for rural five-guarantee services building and scattered rural five-guarantee of housing construction.

    16th had operating income of rural collective economic organizations should allocate funds in the operating income, used to benefit and improve the lives of rural five-guarantee.

    Article 17th of rural five-guarantee contract land rights and interests should be protected.

    Introduction of separately supply rural five-guarantee contract land objects can be referred to other farming, proceeds to the rural five-guarantee all; centralized support, rural five guarantees supporting in rural five-guarantee objects can be used with service agencies signed an agreement on their contract provides for the operation, use and management of land. Article 18th rural five-guarantee funds by the financial Department of the people's Governments at the county level under the people's Governments at the home in full and approval are the lists determined by monthly views.

    Concentrated, funds directly allocated for rural five-guarantee service providers separately supply, by financial institutions, credit unions for rural five-guarantee funds directly allocated object.

    19th no organization or individual may infringe upon rural five-guarantee their lawful private property ownership of the object.

    Rural residents into rural five-guarantee may entrust rural five-guarantee services, the village (neighborhood) committees or other rural residents keep their property or by way of bequest and signed agreements on their property.

    20th after the death of rural five-guarantee has heritage, legacy maintenance agreement, in accordance with the agreement; no legacy maintenance agreements, wills or bequests, according to law.

    The fourth chapter support services

    21st Government-run rural five-guarantee service organisation owned by the institutions, in accordance with the provisions relating to the registration of institutions management can be registered.

    Enterprises, institutions, public organizations and other social forces organized and individual citizens engaged in non-for-profit services for rural five-guarantee services, in line with the conditions for registration, in accordance with the relevant provisions of the registration.

    22nd organized by the Government of the people's Governments at various levels should put construction of rural five-guarantee service organizations into local economic and social development plan and the construction of Socialist new countryside planning, support from the funds, programs, policies, and so on.

    Organized by the Government of the people's Governments at the county level for rural five-guarantee service institutions to provide the necessary equipment and the management of funds.

    Article 23rd rural five-guarantee services according to the number of dependent family with a certain proportion of staff, and after the necessary training.

    Into the scope of financial support personnel of rural five-guarantee service staff wages and in accordance with the regulations shall be paid by the unit of social security should be integrated into the County budget. 24th rural five-guarantee service should be democratic, civilized hospital.

    Rural five-guarantee service is set up by the directors, staff and representatives of rural five-guarantee of the management organization, establish and perfect the democratic decision making and service management system.

    25th rural five-guarantee services shall organize rural five-guarantee wholesome cultural and recreational activities, counties (cities and districts), Township and town (subdistrict offices) and relevant departments should be encouraged and supported. Rural five-guarantee service organizations could undertake to improve life in rural five-guarantee for the purpose of production and operation activities. Conditions of townships and towns for rural five-guarantee services provided certain conditions of production.
Rural five-guarantee service property returns all five-guarantee service and production and operation, and no organization or individual shall embezzle.

    Article 26th rural five-guarantee services in conditions of rural five-guarantee service, you can use the surplus resources to provide foster care services at their own expense.

    27th rural five guarantees supporting in rural five-guarantee services shall establish a profile, establish and improve the police, fire, health, financial and accounting systems, and accept the guidance and supervision of the local governments and related departments.

    28th article of rural five-guarantee services shall safeguard the legitimate rights and interests of the dependent object, without discrimination, insult, abuse, or abandonment of dependent objects.

    Against personal and property rights of dependent objects, no organization or individual shall have the right to stop or report.

    Fifth regulatory and legal liability

    29th civil affairs departments should establish and improve the people's Governments at the county level of rural five-guarantee personal archives and databases and dynamic management.

    30th of any organization or individual is allowed to embezzlement, misappropriation, interception or unauthorized partition of rural five-guarantee fund.

    Financial departments should monitor the use of funds for rural five-guarantee management.

    Audit Department shall audit the use of funds for rural five-guarantee.

    31st County Civil Affairs Department, Township and town people's Governments (Street) treatment of rural five-guarantee should be the application criteria, procedures, democratic appraisal, as well as criteria and the use of the funds for rural five-guarantee to the public, subject to public supervision.

    Articles 32nd to the acts in violation of these rules, in accordance with the Ordinance for rural five-guarantee provisions.

    Article 33rd rural residents enjoy the benefits of rural five-guarantee, any of the following acts, the Township and town people's Governments (Street) give criticism and education, recovery of funds and materials for rural five-guarantee entitlement:

    (A) the misrepresentation, concealment, falsification and other means are, enjoy the benefits of rural five-guarantee;

    (B) while enjoying the five guarantees supporting in rural areas family status changes during treatment, no longer meets the conditions as provided herein, without notifying authorities, continue to enjoy the benefits of rural five-guarantee.

    Article 34th for rural five-guarantee of discrimination, harassment, abuse, and violations of rural five-guarantee the legitimate rights and interests of units and individuals, in accordance with the relevant laws and regulations; suspected of a crime, criminal responsibility shall be investigated according to law.

    35th to issue false certificates to applicants obtaining rural five-guarantee fund units or individuals, in accordance with the relevant laws, rules and regulations.

    The sixth chapter supplementary articles 36th these measures come into force on January 1, 2010.