Guangdong Provincial Rural Five-Guarantee Provisions

Original Language Title: 广东省农村五保供养工作规定

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Guangdong provincial rural five-guarantee provisions

    (November 25, 2009 consideration 44th Executive meeting of the 11th people's Government of Guangdong Province on January 20, 2010 143th promulgated by the people's Government of Guangdong Province as of March 1, 2010) Chapter I General provisions

    First for rural five-guarantee work, guarantee the basic living of rural five-guarantee, promote the development of rural social security system, according to the State Council for rural five-guarantee work regulations and related laws and regulations, combined with the facts of the province, these provisions are formulated.

    Referred to in the provisions of article five guarantees supporting in rural areas, is in accordance with the State Council and the provision of rural five-guarantee work, food, clothing, housing, medical, give the villagers buried life care and material assistance.

    Third rural five-guarantee work guided by the following principles:

    (A) the open, fair and impartial;

    (B) the combination of concentrated and dispersed to support;

    (C) provide for standards commensurate with the level of economic and social development.

    Article rural five-guarantee work of Governments at all levels should be included in the national economic and social development planning and rural five-guarantee work, as on the next level people's Government, concerned performance evaluation of important content.

    Civil affairs departments above the county level people's Government administrative departments of rural five-guarantee work.

    Finance, health, education and other sectors in accordance with their respective responsibilities, to do well in rural five-guarantee work.

    Fifth civil affairs departments above the county level people's Governments shall establish a complaints system, to receive complaints and reports of rural five-guarantee work.

    Complaints of citizens, legal persons or other organizations or to report problems receiving departments shall carry out investigation to verify, find the problem, should be dealt with in a timely manner, and process the results will inform the complainant or informant.

    Chapter II management responsibilities

    Sixth people's Governments at various levels and departments concerned shall, in accordance with their respective responsibilities, supervision and management for rural five-guarantee work, maintenance of rural five-guarantee the legitimate rights and interests of the object.

    Seventh people's Governments above the county level shall perform the following duties:

    (A) a clear rural five-guarantee work, development of rural five-guarantee policy measures;

    (B) publish annually the administration of rural five-guarantee change and rural five-guarantee criteria;

    (C) to supervise and inspect the lower level people's Governments rural five-guarantee work;

    (D) other duties stipulated by laws, rules and regulations.

    Article eighth civil administration shall perform the following duties:

    (A) propose and implement rural five-guarantee work development plan;

    (B) guidance, supervision, and inspection within their respective administrative areas of rural five-guarantee and management of rural five-guarantee services;

    (C) presented the Government's annual budget plan for rural five-guarantee funds;

    (D) Organization of rural five-guarantee work Statistics summary, file management and rural five-guarantee policy advocacy, Advisory;

    (E) published treatment of rural five-guarantee application, examination and approval procedures, the results;

    (Vi) responsible for rural five-guarantee approval;

    (G) establish the rural five-guarantee account, periodically the administrative area of rural five-guarantee object changes to the local government and higher people's Government departments of Civil Affairs reports and inform the financial Department of the people's Governments at the same level;

    (VIII) other duties stipulated by laws, rules and regulations.

    Nineth fiscal departments shall perform the following duties:

    (A) to the Home Department of the people's Government at the next annual budget plan for rural five-guarantee fund audit;

    (B) the allocation of rural five-guarantee fund in full and on time;

    (C) monitor the use of funds for rural five-guarantee management;

    (D) other duties stipulated by laws, rules and regulations.

    Article tenth Township people's Governments shall perform the following duties:

    (A) the audit of rural five-guarantee conditions;

    (B) the provision of rural five-guarantee policy advisory services;

    (C) statistics and archives management of rural five-guarantee work carried out;

    (D) within their respective administrative areas of rural five-guarantee services;

    (E) to organize, coordinate and guide the citizens, legal persons and other organizations for rural five-guarantee objects support the work.

    11th a villagers ' Committee shall perform the following duties:

    (A) accepts the application for rural five-guarantee, to verify the applicant's situation;

    (B) for rural five-guarantee for public notification of the applicant;

    (C) the Organization of villagers ' representative meetings for rural five-guarantee applicants for review;

    (D) periodic review of the village of rural five-guarantee, will review reports on the Township people's Government;

    (E) the arrangements for care of separately supply rural five-guarantee object;

    (Vi) assist the Township people's Governments of rural five-guarantee work.

    12th Health Department is responsible for formulating and supervising the implementation of preferential policies for rural five-guarantee access to health care.

    The education sector is responsible for formulating and supervising the implementation of preferential policies for rural five-guarantee access to education.

    Audit departments for rural five-guarantee funds usage audit.

    Sectors such as agriculture, forestry, fisheries, taxation, according to their respective responsibilities, coordinate rural five-guarantee work.

    Chapter dependent objects

    13th old age, disability, or age of 16 villagers, no work and no has a source and cannot support, upbringing, support obligations, or its legal support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity, enjoy the benefits of rural five-guarantee.

    Have reached the age of 16 but still in compulsory education, high school education of minors without sources cannot support, maintenance, maintenance obligations, people, or its legal support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity, enjoy the benefits of rural five-guarantee.

    Article 14th enjoy the benefits of rural five-guarantee shall be in accordance with the following procedures shall be followed: (A) by the villagers ' or its authorized agent to complete a set of three copies of the application form for rural five-guarantee and provide proof ID card, residence booklet and related material, make an application to the villagers ' Committee.

    By village groups or others to handle shall sign the agent name. (B) a villagers ' Committee shall within 10 working days from the date of acceptance of the application, verification and evaluation of the situation of the applicant, eligible, prominent positions in the location of the village Committee and village where the applicant notice of not less than 7th. During the announcement, disagrees with the villagers and provide evidence, should convene villagers ' representative meetings for democratic deliberation.

    Villagers do not raise major objections or villagers ' representative meetings adopted by the Council, by the villagers ' Committee comments and related materials submitted to the Township people's Government.

    (C) the Township people's Governments shall, within 10 working days from the date of receipt of the comments put forward comments and review comments and related materials submitted to the County Civil Affairs Department or not divided into districts of the prefecture-level City Government Civil Affairs Department. (D) the County Civil Affairs Department or not divided into districts of prefecture-level people's Governments of the Home Department shall receive comments and related materials made within 10 working days from the date of the approval decision.

    Of rural five-guarantee given to approved treatment, rural five-guarantee certificate will be issued; not to grant does not meet the criteria, and shall state the reasons in writing. Township people's Governments shall carry out investigation to verify the applicant's family situation and economic conditions, if necessary, the County Civil Affairs Department or not divided into districts of prefecture-level city government civil affairs departments can be reviewed.

    Applicant, the organization or individual shall cooperate, survey, and provide relevant information.

    Article 15th rural five-guarantee certificate of the five guarantees supporting in rural areas enjoy the benefits of rural five-guarantee.

    Rural five-guarantee of the object any of the following circumstances, village committees or rural five-guarantee services shall report to the Township people's Governments, reviewed and reported to the County by the Township people's Government Civil Affairs Department or not divided into districts of prefecture-level city people's Government, after the approval of the home, terminate its enjoy the benefits of rural five-guarantee and verification of its rural five-guarantee certificate:

    (A) have the ability to work;

    (B) secure a stable source of income;

    (C) are capable of supporting legal support, maintenance, maintenance obligations;

    (D) the death and funeral of completed.

    16th villagers to apply for rural five-guarantee treatment did not receive a reply, or for rural five-guarantee approval for the treatment of dissent, complaints or reports to the Home Department.

    17th article five guarantees supporting in rural areas after the death of their private property in accordance with the People's Republic of China relevant provisions of the law of succession.

    The fourth chapter support

    18th rural five-guarantee includes the following:

    (A) the supply of rural five-guarantee basic living requirements, including grain, oil and food, fuel, water, electricity, clothing, bedding and other living expenses and out-patient medical expenses, allowances and so on;

    (B) provide basic living conditions of housing, medical, deal with funeral and other expenses.

    Article 19th rural five-guarantee basic living requirements, through the development and improving rural five-guarantee standards to protect it.

    Rural five-guarantee standards by County or not prefecture-level cities divided into districts each year in accordance with the people's Government of not less than annual per capita net income of rural residents in the local 60% to determine, and submitted to the provincial people's Government for the record after the execution.

    20th of rural five-guarantee housing, medical, deal with funeral and other expenses, Governments at all levels should develop policies to address them.

    21st people's Governments at various levels should provide basic living conditions for rural five-guarantee object shelter.
Rural five-guarantee housing for dilapidated buildings of disaster or collapse of the object, in principle, no longer a separate building, rooms for rural five-guarantee services, authorities grant housing funds, allocating funding for rural five-guarantee service as the building or maintenance.

    Renovate rural financial and post-disaster housing reconstruction funds should give priority to solving the housing problems of rural five-guarantee.

    Rural five-guarantee more villages, construction of rural five-guarantee centralized settlements. 22nd disease treatment for rural five-guarantee, with local links up rural cooperative medical system and rural medical assistance system.

    People's Governments at various levels shall guarantee the right of rural five-guarantee basic medical care.

    Rural five-guarantee rural cooperative medical personal contributions, fully funded by the county-level rural medical relief fund.

    Rural five-guarantee in the rural cooperative medical care fixed-point medical institutions of outpatient treatment costs, according to the rural cooperative medical system-related regulations.

    Rural five-guarantee in the rural cooperative medical care fixed-point medical institutions of hospitalization costs, after the reimbursement in accordance with the provisions in the rural cooperative medical Fund, individual contribution by county-level rural medical relief fund to give full financial support.

    23rd article five guarantees supporting in rural areas can enjoy the following preferential medical policy:

    (A) the rural cooperative medical care fixed-point medical institutions in the county clinic, exempt from normal registration fee.

    (B) in the County Hospital in rural cooperative medical care fixed-point medical institutions exempted from inpatient admission deposit, guaranteed by the County Civil Affairs Department or town Governments, another settlement at discharge.

    (C) the zero line of hospital reimbursement, accounted for in the scope of compensation for rural cooperative medical care; in the rural cooperative medical care fixed-point medical institutions of the hospitalization expenses and special chronic disease outpatient costs, boosting compensation for rural cooperative medical 10%.

    Rural cooperative medical care fixed-point medical institutions should develop and expose of rural five-guarantee offer, preferential medical services.

    Township rural five-guarantee should be regularly scheduled medical personnel service agencies, rural five-guarantee home visits, for rural five-guarantee a free physical examination every year.

    24th article five guarantees supporting in rural areas after the death of funeral, concentrated, handled by the rural five-guarantee services; separately supply, villagers by the villagers ' Committee or its delegate in charge.

    Funeral costs for rural five-guarantee, in accordance with the standards of rural five-guarantee 6 months support from local rural five-guarantee funds to write off.

    Funeral costs for rural five-guarantee, funeral agencies at all levels should grant appropriate relief.

    Fifth chapter support

    25th rural five-guarantee centralized maintenance and decentralized support two forms, provide for rural five-guarantee in the form of voluntary choice.

    Concentrated in rural five-guarantee service organizations of rural five-guarantee object, apply the principle of free access, the Township people's Government and the rural five-guarantee services, rural five-guarantee support services agreement, clear responsibilities and obligations. Separately supply rural five-guarantee object can be cared for by relatives or villagers ' Committee, also commissioned by the villagers ' Committee of the villagers cared for or provided by other community organizations and volunteer services.

    A villagers ' Committee, was entrusted with the dependent and rural five-guarantee third-party support services agreement shall be signed, agree on their respective rights and obligations, and implement service responsibilities and supporting measures.

    26th people's Governments above the county level shall, in accordance with economic and social development and the needs of rural five-guarantee work, planning and construction of rural five-guarantee service.

    Encourage and support the construction of regional rural five-guarantee service.

    27th Government held in the underdeveloped regions of rural five-guarantee service conditions, established by the local government in accordance with the institution's competence and the procedure for registration and management of developed areas that the Government should gradually promote socialization of rural five-guarantee concentrated.

    28th Government-run rural five-guarantee service agencies should give priority to accept unable to take care and free housing or housing conditions of rural five-guarantee, but suffered from mental illness and serious infectious diseases of rural five-guarantee should be dispersed to support.

    Article 29th Government-run rural five-guarantee service can ensure that rural five-guarantee needs and service levels are not reduced under the premise, to paid services, receive additional special groups such as older persons, persons with disabilities stay.

    Government-run rural five-guarantee service of paid service charges, fees, shall be stipulated by the provincial Department in charge of price range, examined by the civil affairs departments above the county level people's Governments and pricing departments at the same level for approval before implementation.

    30th can the people's Governments above the county level shall be based on the local needs of rural five-guarantee work, rural five-guarantee private object delegate concentrated rural five-guarantee service and in accordance with their actual contribution dependent of the number of rural five-guarantee payment of the corresponding fee.

    31st Government-run rural five-guarantee service organizations practise democratic management system, established by the directors, staff and concentrated Management Committee composed of representatives of the object, concentrated represents the number shall not be less than the total number of members of the Management Committee of the one-second.

    Management Committee shall regularly announce funding, management, production and operation of the use of funds and accounts, and accept the supervision of rural five-guarantee and social.

    Article 32nd rural five-guarantee services shall be in accordance with the social welfare work of the standards and service standards, providing services for rural five-guarantee, without discrimination, maltreatment and desertion of rural five-guarantee.

    Article 33rd rural five-guarantee service should make use of their lands, forests, water and other means of production of agricultural production, improve the living conditions of rural five-guarantee.

    The County and township Governments should sideline production in rural five-guarantee services to provide the necessary support in agriculture, forestry, fisheries and other sectors should be for sideline production in rural five-guarantee service organizations to provide technical support and services.

    Sixth chapter support funds

    34th people's Governments above the county level funding for rural five-guarantee should be included in the annual budget, and earmarks.

    Provincial and local-level municipal finance on the financial difficulties of rural five-guarantee, in terms of financial resources and appropriate support.

    35th welfare Lottery and no clear intention of the social donation donation funds, shall arrange a certain percentage for rural five-guarantee life and the construction of rural five-guarantee service.

    Article 36th operating income of rural collective economic organizations, you can allocate funds from the rural collective operation income, used to benefit and improve the lives of rural five-guarantee.

    37th article five guarantees supporting in rural areas receive compulsory education, high school education costs, settled by the people's Governments above the county level. Article 38th of rural five-guarantee funds, by the people's Governments above the county level number of rural five-guarantee approved by the civil affairs departments, financial Department of the people's Governments above the county level allocation.

    Concentrated, monthly directly disbursed to rural five-guarantee service providers separately supply, released monthly by direct bank for rural five-guarantee.

    39th article five guarantees supporting in rural areas or other villagers for rural five-guarantee delivery for the treatment of dissent, complaints or reports to the Home Department.

    The seventh chapter social participation

    40th to encourage citizens, legal persons and other organizations donate rural five-guarantee services, rural five-guarantee housing, donated the building to name name of the donor. Encourage citizens, legal persons and other organizations for rural five-guarantee services, rural five-guarantee donations to improve the lives of rural five-guarantee.

    Donations of money and property, shall enjoy relevant preferential tax policies.

    41st to encourage citizens, legal persons and other organizations and rural five guarantees supporting in rural five-guarantee service or object pair help for rural five-guarantee provided material assistance and care.

    To encourage families to adopt five guarantees supporting in rural areas.

    42nd volunteer organization or school can organize volunteer or student for rural five-guarantee services, rural five-guarantee service.

    43rd to encourage administrative bodies, enterprises, institutions, social groups as spiritual civilization construction of rural five-guarantee service Windows and respecting the elderly education bases for teenagers.

    The eighth chapter legal liability

    44th of relevant administrative organs and their staff in the following circumstances, by their superior or the supervision authority a rectification; fails, be warned or criticized, and directly responsible for the charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) is not set or is not in accordance with the prescribed standards of rural five-guarantee;

    (B) is not in accordance with the regulations for rural five-guarantee approval;

    (C) in accordance with published standards of rural five-guarantee rural five-guarantee payment;

    (D) false number of rural five-guarantee, obtaining rural five-guarantee funds;

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

    Units of the 45th and personal corruption, misappropriation, interception, dividing up of rural five-guarantee, issued by the rural five-guarantee fund Department be ordered to return all and follow the five guarantees supporting in rural areas of the State Council regulations on punishment.

    Article 46th does not comply with the conditions specified in article 13th to deceive rural five-guarantee funds, rural five-guarantee funds by issuing authority shall order it returned.

    47th article five guarantees supporting in rural areas or other villagers believe that the Government and the relevant departments of rural five-guarantee rural five-guarantee work or violations of the legal rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit.

    Nineth chapter by-laws 48th article of the regulations come into force on March 1, 2010. Released on August 7, 1984, the people's Government of Guangdong Province in the rural wubaohu interim provisions of Guangdong Province (Yue Fu [1984]151) repealed simultaneously.

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