Jilin Rural Five-Guarantee Approach

Original Language Title: 吉林省农村五保供养办法

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Jilin rural five-guarantee approach

    (November 17, 2008, Jilin provincial people's Government, the 15th Executive meeting on December 23, 2008, Jilin provincial people's Government promulgated as of February 1, 2009, order No. 200) Chapter I General provisions

    First for rural five-guarantee work, guarantee the normal lives of rural five-guarantee, in accordance with the Ordinance for rural five-guarantee as well as other relevant regulations of the State, combined with the facts of the province, these measures are formulated.

    Article five guarantees supporting in rural areas mentioned in these measures refers to objects of rural five-guarantee in food, clothing, housing, medical, burial and other aspects, as well as the minors with regard to compulsory, give care and material assistance.

    Article within the administrative area of the province of rural five-guarantee work, these measures shall apply.

    Fourth civil affairs departments above the county level people's Governments in charge of rural five-guarantee work within their respective administrative areas.

    People's Government of townships, nationality townships, and towns, rural five-guarantee work within their respective administrative areas.

    Villagers ' committees assist the people's Government of townships, nationality townships, and towns, in rural five-guarantee work.

    V people's Governments at various levels should include rural five-guarantee work in local economic and social development planning, in terms of human, material and financial resources to provide protection.

    Encourage social organizations and individuals, for rural five-guarantee and help for rural five-guarantee work, and service.

    Chapter dependent objects

    Article sixth treatment of rural five-guarantee, one of the following conditions must be met:

    (A) disabled or 60 years of age or older, no work, no source of livelihood, without statutory support, maintenance, maintenance obligations or the statutory support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity;

    (B) minors under 16 years of age, without sources, without statutory support obligations or its statutory maintenance obligations without raising human capabilities.

    Article seventh rural five-guarantee treatment presented by the villagers to the villagers ' Committee, I shall be applied for.

    Application should fill out the five guarantees supporting in rural areas of Jilin province treatment of the application form, and submit proof of compliance with the conditions specified in article sixth.

    Villagers ' for young, disabled and other reasons, no written or unable to express their wishes, and groups of villagers, other villagers or their families can apply for. Article eighth villagers apply for rural five-guarantee, the villagers ' Committee for democratic deliberation in the 10th.

    Meet the required conditions, in the context of the village public; do not meet the required conditions, inform the applicant in writing and state the reasons.

    Nineth publicity deadline is 15th.

    Evidence emerged during the tenth public, can deny that the applicant meets the conditions for rural five-guarantee shall not be reported to application and inform the applicant in writing.

    Failed to appear during the 11th public evidence, denying the applicant meets the conditions for rural five-guarantee, villagers ' committees should be 5th in the Township, nationality township or town government review the following information:

    (A) treatment of rural five-guarantee application form, Jilin province;

    (B) the applicant meets the conditions for rural five-guarantee documents;

    (C) the village Committee democracy comments;

    (D) public notice of the time and results.

    12th a township, nationality township or town government, after receiving the rural five-guarantee application materials should be through household surveys, group discussions, and other forms, the applicant's family status, economic conditions as well as democratic appraisal and verify public and 20th days after receiving the application materials within the audit opinion.

    13th when a township, nationality township or town government in auditing, reviews and publicity for rural five-guarantee applications not in conformity with the provisions and should require its correction; rural five-guarantee application meets the stipulated conditions, the County Civil Affairs Department for approval of rural five-guarantee application does not comply with the conditions prescribed, not to report, inform the applicant in writing and state the reasons. Article 14th County Civil Affairs Department received applications for rural five-guarantee within 20th of the approval decision.

    Meet the required conditions, approves it for rural five-guarantee and issue of rural five-guarantee card, for its five-guarantee; do not meet the required conditions shall not be approved, inform the applicant in writing and state the reasons.

    15th the applicant believes himself in line with conditions of rural five-guarantee, failed to obtain five-guarantee treatment review, public notice procedure, review may apply to the people's Government of townships, nationality townships, and towns; failed to obtain five-guarantee of examination and approval procedures for the treatment, you can apply for administrative reconsideration.

    Village, Township and town people's Governments shall review the applications received within 30th of reviewing, making review decisions; and during the period of review, monitor villagers ' Committee renewed review and publication procedures.

    16th village committees or rural five-guarantee service for rural five-guarantee with any of the following circumstances shall be reported to the people's Government of townships, nationality townships, and towns, approved by the County Civil Affairs Department after its audit, verification of rural five-guarantee card and stopped treatment of the villagers of rural five-guarantee:

    (A) statutory support, maintenance, maintenance obligations, and with the capability of maintenance, upbringing, support;

    (B) 16 years of age is no longer compulsory, the ability to work;

    (C) minors of rural five-guarantee, were legally adopted by others;

    (D) to obtain a source of;

    (E) death.

    Chapter dependent treatment

    Article 17th for rural five-guarantee object, grant the following support benefits:

    (A) the supply of grain, oil and food and the live fuels, to meet their basic living needs;

    (B) the supply of bed linen, bedding, annual winter and summer each of not less than two laundry and necessaries of life and pocket money;

    (C) provide basic living conditions of housing;

    (D) as a new type of rural cooperative medical system and medical assistance guaranteed, timely treatment of the disease, unable to take care of, to ensure that their care;

    (E) rural five-guarantee death funeral, concentrated rural five-guarantee service is responsible for handling scattered support people's Governments of townships, nationality townships, and towns are responsible for, dependent, or villagers ' Committee to handle;

    (F) rural five-guarantee under 16 years of age or have reached the age of 16 are compulsory, local people's Governments should guarantee their compulsory by law.

    18th article rural five dependent of specific standard, by County or set district of City Government home sector with financial, and statistics, and price management, sector, to this administrative farmers Shang a annual in eat, and wear, and live, and medical, and buried, aspects of per capita consumption spending for based, in guarantee rural five dependent object of living not below local villagers average living of conditions Xia proposed, by this level Government approved, reported Province Government record Hou announced implementation.

    Specific criteria for rural five-guarantee, should follow the local average living standards improve, gradually upwards.

    The fourth chapter support form

    Article 19th rural five-guarantee object can be concentrated or dispersed of their own accord for support.

    Article 20th concentrated five objects, supported by rural five-guarantee service organizations provide services.

    Article 21st of separately supply five objects, you can live in their own homes, relatives and friends can also take refuge in life and by the villagers ' Committee to provide care or support services provided by rural five-guarantee service.

    Article 22nd of rural five-guarantee intensive support, should support the agreement with rural five-guarantee service.

    Rural five-guarantee access to decentralized support, should work with the villagers ' Committee or its authorized provider, rural five-guarantee signed tripartite support services agreement.

    23rd support provides support services, below prescribed standards for support or not to support agreement, five guarantees supporting in rural areas may apply to the County Civil Affairs Department ordered to correct or initiate litigation to the people's Court.

    Article 24th home departments shall supervise the people's Governments at the county level to support implementation of the agreement, guarantee five guarantees supporting in rural areas enjoy no less than the required standards for the maintenance treatment of objects.

    25th the county level people's Government and the people's Government of townships, nationality townships, and towns should provide necessary services for rural five-guarantee service equipment, management of funds, with the necessary staff, guarantee to carry out the five-guarantee service.

    Management of rural five-guarantee services, in accordance with the relevant provisions of national and provincial.

    Fifth chapter to provide funding

    26th article of rural five-guarantee funds can be raised through the following ways:

    (A) the fiscal transfer payment of rural tax and fee reform in the province, for rural five-guarantee section;

    (B) the County financial budget funds;

    (C) Township, nationality township or town government income, funding for rural five-guarantee;

    (D) social contribution funds;

    (E) additional funding can be used for rural five-guarantee,.

    Conditions of rural collective economic organizations, can arrange for funds from the its group operating revenue, used to benefit and improve the lives of rural five-guarantee.

    27th concentrated five objects to provide funds by the financial Department of the people's Governments at the county level in accordance with its and the amounts approved by the civil affairs departments at the same level, in the beginning of each month, through financial subsidies to social security account, directly allocated to the five-guarantee service account, the implementation of management accounts, conducted independently. 28th article scattered support of five objects to provide funds, provided by the financial Department of the people's Governments at the county level according to the civil affairs departments at the same level of support roster and, at the beginning of each month, through a local bank or Credit Union, directly to the scattered support of five objects.

    Dependent objects to move about easily, by dependent people who receive; no breadwinner, receive by rural five-guarantee service agencies, to the dependent objects in a timely manner.
Article 29th concentrated five objects of personal property, in accordance with its signed with rural five-guarantee services support agreement.

    Separately supply five personal legal property of the object, I enjoy the ownership, after his death, in accordance with the wills or property deal. Minor scattered to support five objects, inheritance of personal property, no unit or individual may seize or sell off.

    People's Government of townships, nationality townships, and towns, and to delegate the property guardianship of rural five-guarantee services or escrow and stop enjoying the five guarantees supporting the treatment of returned in a timely manner.

    Supervision and administration of the sixth chapter

    30th of the people's Governments above the county level departments such as the financial, auditing, monitoring, and supervision should be strengthened for rural five-guarantee work.

    31st County Civil Affairs Department, people's Government of townships, nationality townships, and towns, rural five-guarantee service organizations and village committees, shall be announced to the public in time of rural five-guarantee approval conditions, working procedures, the term and mode of publicity, support standards and provide for the use of the funds, subject to public supervision.

    32nd County Civil Affairs Department and Township, nationality township or town Governments, and rural five-guarantee services, shall provide support services for rural five-guarantee provided in accordance with the provisions and accept supervision by the relevant Government Department management.

    The seventh chapter legal liability

    33rd article violates these rules, the relevant administrative organs and their staff with one of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions, which constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not to grant eligible for rural five-guarantee of the villagers enjoy the benefits of rural five-guarantee, or does not meet the conditions for rural five-guarantee the villagers ' approval to enjoy the benefits of rural five-guarantee;

    (B) corruption and misappropriation, interception, dividing up of rural five-guarantee funds and goods;

    (C) other acts of abuse of power, negligence, malpractice.

    The eighth chapter by-laws

    Article 34th rural five-guarantee certificate, in accordance with the style of the Civil Affairs Department under the State Council, produced by the provincial Civil Affairs Department. 35th these measures shall come into force on February 1, 2009. October 28, 1996, Jilin provincial people's Government promulgated the abolition of rural five-guarantee work in Jilin province at the same time.