Provisions On Administration Of Non-Governmental Social Welfare Agencies In Guangdong Province

Original Language Title: 广东省民办社会福利机构管理规定

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Provisions on administration of non-governmental social welfare agencies in Guangdong Province

    (The people's Government of Guangdong Province on January 23, 2009 at the 25th Executive meeting on March 10, 2009 133th, promulgated by the people's Government of Guangdong Province as of May 1, 2009) Chapter I General provisions

    First to standardize the management of the private social welfare institutions, maintaining the lawful rights and interests of the non-governmental social welfare agencies and their clients, promote the development of social welfare in accordance with the relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article applicable to enterprises, institutions, public organizations and other social forces and citizens ' personal use of State-owned assets held within the administrative region of this province, for the elderly, the disabled, orphans and abandoned babies and other special groups to provide maintenance, rehabilitation, and managed services providers.

    Third civil affairs departments above the county level people's Governments are departments of private social welfare institutions, responsible for the supervision and administration of non-governmental social welfare agencies in the administrative area.

    Industry and commerce, foreign trade, finance, construction, health, land and resources, the disabled persons ' Federation and other units, according to their respective duties, management of the private social welfare institutions.

    Article at various levels shall encourage citizens, legal persons and other organizations organize social welfare institutions, support the development of non-governmental social welfare agencies.

    Non-governmental social welfare agencies in accordance with the State and receive support and preferential policies in the province.

    Article fifth non-governmental units and individuals who have made outstanding contributions to the cause of social welfare, relevant departments of the people's Governments above the county level shall give awards.

    Chapter II establishment, modification and termination

    Establishment of the sixth non-governmental social welfare agencies, shall conform to the planning of social welfare agencies.

    Organized non-governmental social welfare agencies, organized social welfare institutions shall comply with the national requirements of relevant norms, standards and conditions, and in accordance with the following criteria: (A) there is commensurate with the services of health professionals, health care workers, health workers, special education teachers.

    Health workers, special education teachers and other staff of the professional and technical jobs with national vocational qualifications, other professional and technical staff with professional technical certificate or professional and technical training;

    (B) the Cook has a post technical certificate or certificate service object has 1 full-time nutritionist with more than 200;

    (C) the staffing requirement for direct services to serve staff and capable of taking care of service objects of no less than 1:10, and unable to take care of service objects of no less than 1:3.

    Seventh non-governmental social welfare agencies should be in accordance with State regulations, approved by the civil affairs departments, after obtaining the certificate of the approval of the social welfare institutions, according to the nature, registration formalities according to law:

    (A) is a non-profit non-governmental social welfare agencies, in accordance with the provisions on administration of registration of private non-enterprise units to handle registration of private non-enterprise units;

    (B) is a non-profit non-governmental social welfare agencies, in accordance with the relevant provisions on the administration of industry and commerce, to register with the Administrative Department for industry and commerce enterprises.

    Article eighth Hong Kong, Macao, Taiwan area organizations and individuals, as well as overseas Chinese and foreign organizers, take the form of joint venture, cooperation in social welfare institutions in the province shall make application to the provincial Department of Civil Affairs, provincial civil affairs departments to accept applications after provincial foreign trade and economic cooperation Department.

    The Nineth non-governmental social welfare agencies need to change name, address, legal representative, service, shall, in accordance with the procedures to the relevant departments for change procedures.

    The tenth non-governmental social welfare agencies for business or other reasons for termination of services, should be properly rehoused, the service object, in accordance with the original procedures and approved application to the relevant departments, will be able to stop the service.

    11th the registration authority of private social welfare institutions shall disclose the private social welfare institutions set up, change and termination information.

    Chapter services and management

    12th provincial civil affairs departments should be based on the work of State social welfare institutions norms and standards, combined with the actual private social welfare institutions, establishing and perfecting the work of non-governmental social welfare agencies in the province norms and standards.

    13th non-governmental social welfare agencies should be in accordance with the approved and registered scope of services and project practice, implementation of the national and provincial social welfare agencies work, establish and perfect rules and regulations, clear service standards.

    The rules of the non-governmental social welfare agencies and service standards should be open to the public.

    14th non-governmental social welfare agencies should be based on facilities and equipment, management, quality of service, as well as the objects in need of care and the establishment of fees, development fees, and open to the public.

    Non-profit, non-governmental social welfare agencies fees, fees shall be in the province, the rate within the limits prescribed by the Administrative Department, examined by the civil affairs departments above the county level people's Governments and price administrative departments at the same level for approval before implementation.

    Profit private social welfare institutions shall independently determine the charging items, standards, price administrative departments of the people's Governments above the county level for the record.

    Non-governmental social welfare agencies may not be implemented until the service object the death of one-time all inclusive fees.

    15th non-governmental social welfare agencies should be with their clients or their families (guardian) signed service agreement and specify the rights and obligations of both parties.

    Service agreement shall contain the following:

    (A) the parties name (name), proof of identity, address and contact information;

    (B) the content and the mode of service;

    (C) fees and fee payment;

    (D) the period of service;

    (E) the modification, rescission and termination of the conditions of the agreement;

    (F) liability for breach;

    (G) other matters agreed to by the parties. 16th non-governmental social welfare agencies may not be located directly received from the social to the birth parents of orphans and abandoned babies.

    Need to adopt orphans or abandoned babies, held people's Government above the county level shall be subject to the Home Department for approval, and signed the agreement.

    17th private social welfare institutions shall be in accordance with specification, service standards, and agreements to provide services, without discrimination, maltreatment and abandonment Services object.

    18th private social welfare institution shall enter into labor contracts with its staff and to participate in social insurance schemes according to law, protect the legitimate rights and interests of the staff.

    19th private social welfare agencies should comply with the financial management system, financial revenues and expenditures on a regular basis, catering account to clients and their families (guardians) open and accept their oversight, and accept the people's Governments above the county level departments of Civil Affairs and other relevant departments to supervision according to law.

    The 20th civil affairs departments above the county level people's Governments of the non-governmental social welfare agencies should be the scope of services, service standards and service quality supervision and inspection to ensure the protection of the legitimate rights and interests of the non-governmental social welfare agencies service object.

    Disabled persons ' federations at all levels to non-governmental social welfare agencies to provide services for the disabled in accordance with operational guidance.

    The fourth chapter support and concessions

    21st people's Governments above the county level and the departments concerned should give appropriate support to organize non-governmental social welfare agencies, specific support policies formulated by the people's Governments above the county level separately. 22nd non-governmental social welfare agencies to transfer land use rights, land transfer fees charging standards should be reduced.

    Collective land-building of non-governmental social welfare agencies, reporting land use approval, can apply for relief in accordance with the relevant provisions of this province, land acquisition and management costs.

    23rd of the private social welfare institutions, give relief and urban construction and local administrative fees related to housing construction, but except for the license fee.

    Privately-run social welfare institutions with water, electricity, gas, follow residential prices charged.

    24th non-governmental social welfare agencies in accordance with state tax laws, enjoy preferential tax policies.

    25th non-governmental social welfare agencies to apply for the establishment of medical institutions (including medical rehabilitation institutions), the administrative departments for public health shall be handled in accordance with the relevant provisions on the administration of medical institutions.

    Medical institutions established by the non-governmental social welfare agencies, and meets the conditions for designated medical institutions, audited, can be used as designated medical institutions.

    Private social welfare institution medical institutions and medical services, implementation of local medical services price management provisions.

    26th medical institution established by non-governmental social welfare agencies health professionals, in areas such as scientific research projects, continuing education, technical post title assessment enjoy equal treatment with the health staff in public medical institutions.

    27th non-governmental social welfare agencies received the following services, you can apply to the civil affairs departments above the county level people's Government subsidies, specific subsidy standards identified by the financial Department of the people's Governments above the county level in conjunction with the Civil Affairs Department:

    (A) no work and no has a source and cannot support, support, support obligations, or its legal support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity;

    (B) the minimum living wage.

    Non-governmental social welfare agencies admitted to the elderly over 80 years old, city-level model workers, one per cent disabled soldiers, aged 65 and older persons with disabilities and one seriously disabled persons, serve, the people's Governments above the county level may give subsidies, specific subsidies and subsidies standards determined by the people's Governments above the county level. 28th private social welfare institution shall not change its main site and the usage of the facility.

    Changes of land use, will not enjoy relevant preferential policies, recovery of costs associated with relief by the relevant authorities.

    The fifth chapter legal liability

    Article 29th of non-governmental social welfare agencies, one of the following circumstances, be police and reported by the civil affairs departments above the county level people's Government, and ordered to correct the circumstances are serious, the registration administration organs shall be punished:

    (A) in violation of the non-governmental social welfare agencies working standards and service standards, against the legitimate rights and interests of the service object;

    (B) failing to perform their set up, change and termination procedures;

    (C) concealing facts in the approval and registration processes, and deception;

    (D) forging, altering, lend, lease or transfer the certificate of approval of the social welfare institutions;

    (E) activities beyond the range approved and registered by the service;

    (F) accidents;

    (VII) other illegal activities.

    30th district and other administrative departments and their staff, one of the following circumstances, by its superior or a supervisory agency ordered corrective action and directly responsible in 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 in accordance with the provisions for the non-governmental social welfare agencies for the preferential procedures;

    (B) violations of the legitimate rights and interests of non-governmental social welfare agencies;

    (C) other acts of dereliction of duty, abuse of power, favoritism.

    The sixth chapter supplementary articles The 31st article of the regulations come into force on May 1, 2009. People's Government of Guangdong Province on May 28, 1998, issued by the management of non-governmental social welfare agencies in Guangdong Province (Guangdong provincial people's Government, the 37th) repealed simultaneously.

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