Tibet Autonomous Region, The Implementation Of The Ordinance For Rural Five-Guarantee Approach

Original Language Title: 西藏自治区实施《农村五保供养工作条例》办法

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Tibet Autonomous Region, the implementation of the Ordinance for rural five-guarantee approach

    (December 2, 2008 people's Government of Tibet Autonomous Region, at the 25th Executive meeting on December 15, 2008, people's Government of Tibet Autonomous Region, the 87th promulgated as of February 1, 2009) Chapter I General provisions

    First to do well in agricultural and pastoral area five-guarantee work, and effectively safeguard the five-guarantee the normal life of the object, according to State Council regulations of the rural five-guarantee work, combined with State practice, these measures are formulated.

    Article five guarantees supporting in these measures refers to in accordance with this regulation, food, clothing, housing, medical, burial gives farmers and herdsmen living care and material assistance, to ensure their basic needs of living.

    Article five-guarantee work of classification management, autonomous regional people's Government departments of civil affairs in charge of five-guarantee work, civil affairs departments above the county level people's Governments in charge of the level within the administrative area of the five-guarantee work.

    The township (town) people's Government responsible for the implementation of this administrative area five-guarantee and the five guarantees supporting service organizations management.

    Village committees to assist the township (town) people's Governments five-guarantee application objects public and democratic deliberation, work and daily living care.

    Article at various levels shall encourage, guide and support social organizations and individuals for the five guarantees supporting objects, and contribute to the five-guarantee work and services, and helping establish twinning mechanisms.

    Article people's Governments at all levels have made remarkable achievements in the five-guarantee work units and individuals, recognition and rewards.

    Chapter dependent objects

    The agricultural and pastoral areas of the article that meets the following conditions disabled or 60 years of age and under 16 years of age of farmers and herdsmen, and enjoying the five guarantees supporting treatment:

    (A) maintenance, upbringing, support obligations cannot be human, or its legal support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity;

    (B) incapacity;

    (C) no source of income.

    Article seventh five-guarantee approval procedures for the treatment of: By voluntarily apply to the domicile village Committee; young or mental disability unable to express their wishes, on whose behalf the application by village groups or other villagers.

    By the villagers ' Committee of democratic appraisal, to meet the conditions specified in article sixth of this approach, in the context of the village Bulletin; No major objections, Committee will submit comments and related material by villagers of township (town) people's Government audit.

    The township (town) people's Government should after receipt of comments on the applicant's family situation and economic conditions carry out investigation to verify and audit opinions in the 30th, will review comments and related materials submitted to the local people's Governments at the county level the Home Department. The County Civil Affairs Department shall receive comments and related material within 30th of making approval decisions. To meet the conditions of approval, of rural five-guarantee certificate will be issued; does not meet the requirements, shall be informed in writing and state the reasons.

    If necessary, the County Civil Affairs Department can review the five guarantees supporting the applicant's family situation.

    Eighth article five guarantees supporting objects are no longer comply with the conditions specified in article sixth, villagers ' Committee or five-guarantee services shall provide the township (town) people's Government report, by the township (town) people's Government audit and submitted to the approval of the County Civil Affairs Department, stopping five guarantees supporting treatment, verification of its rural five-guarantee certificate. Nineth five-guarantee death, concentrated by the five-guarantee services responsible for the funeral, decentralized support from villagers ' committees responsible for the funeral.

    Funeral grants supported by people's Governments at the county level in accordance with the five-guarantee that year's standard a lump sum payment.

    After funeral completed, villagers ' Committee or five-guarantee services shall promptly in accordance with the procedures laid down in article eighth written off its rural five-guarantee certificate.

    Chapter support

    Tenth 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) providing treatment, unable to take care of the care;

    (E) for a funeral matters.

    Medical costs of five guarantees supporting objects, agricultural and pastoral areas in accordance with the medical system in agricultural and pastoral areas and poor people the relevant provisions of the Medicaid system. 11th five-guarantee criteria drawn up by the financial Department of the autonomous regional people's Government Civil Affairs Department at the, and reported to the Government for approval in the publication-wide implementation.

    Five-guarantee may not be lower than the region's average standard of living of farmers and herdsmen, and according to the region's economic development, the per capita net income of farmers and herdsmen, and level of financial guarantee timely adjustments. Physical distribution of the dependent content standards, developed by the people's Governments at the county level the home sector, published after approval by the County Executive, and reported to the parent home record.

    Municipality home departments shall guide the physical issuance of standard-setting. Around the 12th five-guarantee funds by (City) area (people's Government), the financial Department of the people's Governments at the county level in accordance with budget arrangements.

    Encourage collective income of villagers ' committees, arranged from the operating income funds or in-kind, to subsidize five guarantees supporting life.

    Financial Department of the autonomous regional people's Government through a special transfer payments for district-wide five-guarantee funds in the form of subsidies.

    13th financial Department of the people's Governments at the county level financial departments at all levels should be arranged five-guarantee funds and subsidies into account, the implementation of management accounts and in full and on time to the township (town) people's Government allocated five-guarantee service.

    14th the township (town) people's Government, the five-guarantee services shall be five-guarantee funds and material use and issuance of register, and county-level people's Government departments of Civil Affairs and finance departments for the record.

    The fourth chapter support form

    15th article five guarantees supporting centralized maintenance and decentralized support.

    Concentrated by the township (town) people's Government, the five-guarantee service and support third-party support services agreement.

    Separately supply, can be used by other villagers responsible for the care of the villagers ' Committee commissioned, Township (town) people's Governments and authorized dependants and dependent objects should enter into a support services agreement. 16th to the five guarantees supporting objects provide cash or in-kind, should respect the wishes of five guarantees supporting objects.

    Unable to take care of the five guarantees supporting objects, can pay in kind. Required for concentrated money and property, by the township (town) people's Government paid to the five-guarantee service or directly by the five-guarantee services to issue five guarantees supporting objects.

    Separately supply the necessary money and property, Township (town) people's Government may appoint a villagers ' Committee issued. Five-guarantee funds and goods shall be issued once a month.

    Due to the inaccessibility of cannot be monthly, quarterly or every six months to issue at a time.

    Article 17th five-guarantee contracts are handed over to other farming types or other forms of transfer of the right of contracted land, grassland, all of its proceeds to the five guarantees supporting object.

    Five houses, livestock and other dependent object can delegate a villagers ' Committee or five guarantees supporting service organizations management, grazing, and the signing of the agreement.

    18th five-guarantee service institution-building should be integrated into the people's Governments at all levels of economic and social development planning, rational distribution, moderate concentration.

    People's Governments at the county level shall be in accordance with local economic and social development planning, organizing construction five-guarantee service, batches and create a new, modified (extension) a number of counties (cities and districts) radiation and the center of the five-guarantee services and township (town) five-guarantee services, and providing the necessary equipment, management of funds, with the necessary staff. 19th five-guarantee services can be carried out with the aim of improving the living conditions of the five guarantees supporting objects and sideline production and small retail.

    People's Governments at all levels and the departments concerned should be carried out on the five-guarantee service of agricultural production and small retail given the necessary support.

    Supervision and administration of the fifth chapter

    20th five-guarantee funds and goods should be devoted to the five-guarantee life, no organization or individual shall embezzle, misappropriate or intercept or privately.

    21st civil affairs departments above the county level people's Governments shall establish a five-guarantee work management system, and to supervise their implementation. County Civil Affairs Department shall establish a dynamic five-guarantee work management system.

    Government civil affairs departments at all levels should periodically add or stop the five-guarantee treatment step by step report higher civil affairs departments, and reported to the financial authorities.

    22nd people's Governments above the county level shall strengthen the supervision and management of the five-guarantee work, establish and improve the five-guarantee system.

    County above Government should timely check five dependent policy implementation situation, found problem, timely solution, on carried out five dependent approval, and paragraph real issued and dependent service, work has significantly results of units, give praised and award; on exists meet dependent conditions not approved, and dependent paragraph real issued not in place and dependent service quality not meet requirements of units, give informed criticism, and held about sector of responsibility.

    23rd financial Department of the people's Governments above the county level shall be paid in full and on time five-guarantee funds to ensure funding and strengthen supervision on the use of funds.

    Audit institutions shall strengthen the five-guarantee funds of Auditors.

    County Civil Affairs Department should regularly to supervise and inspect the five guarantees supporting the use of the funds.

    Article 24th of township (town) people's Government, the five-guarantee service the five guarantees supporting the use of the funds should be announced to the public.

    Five-guarantee services shall comply with police, fire, health, finance and other aspects of the laws, regulations and relevant regulations of the State, to the five guarantees supporting objects provide the required support services, and accept the supervision and management of the relevant local people's Governments at the county level and their departments.

    The sixth chapter legal liability
25th article violates these rules, the relevant administrative institutions and their staff, one of the following acts, the directly responsible person in charge and the persons who are directly responsible, subject to administrative sanction; a suspected crime, transferred to judicial organs for handling:

    (A) not to grant the five-guarantee conditions enjoying the five guarantees supporting the treatment, or does not meet the approval of the five-guarantee conditions the enjoying the five guarantees supporting treatments;

    (B) corruption and misappropriation, interception, distribute five-guarantee funds and goods;

    (C) other abuse, negligence, acts of favoritism.

    26th article violates these rules, the village Committee members of corruption, misappropriation, interception, distribute five-guarantee, recovery of illegal gains by the relevant authorities, and shall be removed from Office; a suspected crime, transferred to judicial organs for handling.

    Five-guarantee service staff privately and misappropriation, interception of five-guarantee, recovery of illegal gains by the relevant authorities, and be dismissed; a suspected crime, transferred to judicial organs for handling.

    27th article violates these rules, the village Committee or five-guarantee service to the five-guarantee support services do not meet the requirements provided by the object, by the township (town) people's Government ordered to correct fails, the township (town) people's Government has the right to terminate support services agreement; losses caused shall bear liability.

    The seventh chapter by-laws

    Article 28th of the rural five-guarantee certificate by the autonomous regional people's Government published by the Home Department is responsible for the uniform. 29th these measures shall come into force on February 1, 2009.