Rural Five-Guarantee Work In Zhejiang Province To Implement The Ordinance Means

Original Language Title: 浙江省实施《农村五保供养工作条例》办法

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(July 1, 2008, Zhejiang Province people's Government promulgated as of August 1, 2008, No. 244) Chapter I General provisions article specification for rural five-guarantee work, protect the legitimate rights and interests of rural five-guarantee, in accordance with the Ordinance for rural five-guarantee (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.
    Article five guarantees supporting in rural areas in these measures refers to in accordance with this regulation, food, clothing, housing, medical, burial to eligible villagers to provide care and material assistance.
    The third people's Governments above the county level shall strengthen leadership for rural five-guarantee work, into national economic and social development of rural five-guarantee plan, schedule, coordinate development, and strengthen the supervision and management of rural five-guarantee work.
    The township (town) people of rural five-guarantee work within their respective administrative areas.
    The fourth civil affairs departments above the county level people's Governments in charge of rural five-guarantee work within their respective administrative areas.
    Relevant departments of the people's Governments above the county level shall be in accordance with their respective responsibilities of rural five-guarantee work.
    Article fifth villagers ' committees shall assist the township (town) people's Governments for rural five-guarantee work.
    Sixth encourages social organizations and individuals for rural five-guarantee rural five-guarantee work and contributions encourages State bodies, enterprises, institutions, social groups and staff volunteer services for rural five-guarantee.
    Second chapter dependent object, and content and form seventh article rural five dependent object should while meet following conditions: (a) cannot set maintenance, and raised, and dependency obligations people, or is has statutory maintenance, and raised, and dependency obligations people, but maintenance, and raised, and dependency obligations people no maintenance, and raised, and dependency capacity of; (ii) No labor capacity of; (three) no life source of. Article meets the conditions for rural five-guarantee the villagers ' shall, in accordance with the seventh article of the regulations to apply to the villagers ' Committee.
    Application of examination and approval procedures in accordance with the provisions of that Ordinance the seventh article.
    City divided into districts, counties (cities and districts) civil affairs departments and township (town) people's Governments shall be included in the scope of rural five-guarantee to eligible villagers, a rural five-guarantee database, so should do; clear responsibilities should be according to the autonomy statute of the village Committee and village regulations, rural five-guarantee work.
    Rural five guarantees of the dependent object is no longer eligible for support or death, in accordance with the regulations of the eighth article verification dependent certificate.
    Nineth rural five-guarantee of specific content in accordance with the regulations the Nineth established.
    Rural five-guarantee should take part in the new rural cooperative medical system, their personal contributions borne by the Government, their medical expenses in accordance with the regulations in the new rural cooperative medical system Fund reimbursement, Medicaid funding shortfall in full resolution.
    Tenth of rural five-guarantee criteria shall not be less than the County (city, district) 60% determined in rural per capita net income of the previous year.
    Districts for rural five-guarantee standards, residents in the district administration in conjunction with the Department of finance, statistics developed, reported the people's Governments at the corresponding level for approval; counties (cities, districts) of rural five-guarantee criteria, by the County (city, district) departments of civil affairs in conjunction with the Department of finance, statistics developed, the people's Governments at the corresponding level for approval.
    Approved standards of rural five-guarantee, should be reported to the provincial people's Government for the record before the end of March each year after the execution. 11th rural five-guarantee practice concentrated, dispersed support, supplemented by the system.
    Forms of rural five-guarantee object can choose to support.
    Concentrated rural five-guarantee and support services provided by rural five-guarantee service; for special reasons unwilling or not concentrated, hook approach can be taken to implement its support services and management.
    Separately supply rural five-guarantee, by the villagers to provide care of the villagers ' Committee or its delegate, can also be provided by the rural five-guarantee services for dependent services. The 12th Township (town) people's Governments and village committees or rural five-guarantee services support services agreement.
    Support agreement shall set out the parties rights and obligations and to provide content and standards.
    13th farming rural five-guarantee contract are handed over to the others, and proceeds the five guarantees supporting in rural areas all centralized support, their earnings may entrust management of rural five-guarantee service.
    The houses of rural five-guarantee private property and contract management, land use, management and disposition of rights and interests, and township (town) people or villagers ' committees shall sign agreement with the five guarantees supporting in rural areas according to law; after the death of rural five-guarantee, its private property and contract in accordance with the agreed conventions and provisions of relevant laws and regulations.
    Chapter rural five-guarantee service 14th people's Governments at various levels shall strengthen the rural five-guarantee service of planning and construction, to meet the administrative needs of rural five guarantees concentrated.
    Location of rural five-guarantee services shall follow the convenient transportation, environmental safety, health and principles of rural five-guarantee the life and physical and mental health.
    County and township (town) people's Government through the establishment of rural five-guarantee institutions provide the necessary equipment, funds, and equipped with the necessary staff.
    15th rural five-guarantee services, is a non-profit social welfare institution.
    Organized by the Government or other organization organized by the use of State-owned assets of rural five-guarantee services, in line with the conditions for registration, in accordance with national and provincial regulations relating to the registration of institutions management can be registered.
    For enterprises, institutions, public organizations and other social forces and held for personal use of State-owned assets, non-for-profit services of rural five-guarantee services, in line with the conditions for registration, in accordance with national and provincial regulations on administration of registration of private non-enterprise units registered. 16th President of rural five-guarantee service institutions (Director) in charge. (The Director) should have a high school degree or above, good character, good health.
    To registration of institutions of rural five-guarantee service (the Director) by the rural five-guarantee service of township (town) people's Government appointed or recruited, and reported to the County (city, district) home record.
    Rural five-guarantee service staff should be loving, healthy, strict enforcement of relevant rules and regulations.
    The township (town) people and rural five-guarantee service agencies must effectively protect the legitimate rights and interests of rural five-guarantee service staff.
    17th rural five-guarantee service agencies must follow democratic management, civilization Office, respecting the pension principle, establish a sound management system. Rural five-guarantee services shall establish a Management Committee.
    Management Committee member in rural five-guarantee service agency staff and all the dependent objects in the democratically elected; members of the Management Committee, the proportion of dependent objects shall not be less than one-second.
    Management Committee is responsible for considering rural five-guarantee service important to help do the support work, inspection and supervision (the Director) and the staff on duty.
    18th rural five-guarantee services in ensuring the needs of rural five-guarantee conditions, can contribute to the community to provide foster care services at their own expense, required foster care in rural orphans at their own expense allowances, the revolutionary "old" people, family planning, only daughter of the elderly, priority should be given discounts.
    Article 19th 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 unit or individual shall have the right to stop or report.
    Rural five-guarantee service dependent objects should be encouraged to participate in activities conducive to their physical and mental health.
    20th dependent objects of rural five-guarantee services shall comply with the relevant rules and regulations, caring, polite, solidarity, harmony, and consciously safeguard the normal order and life.
    21st no unit or individual may appropriate, damaged rural five-guarantee services for land, buildings, equipment and other property, or altering the use of land, buildings and facilities; not embezzlement, misappropriation, interception, privately divide rural five-guarantee fund.
    22nd rural five-guarantee services shall comply with the relevant laws and regulations, provide the required support services for dependent, regularly published money, supplies and food standards, production and management accounts of, and consciously accept supervision by the dependent object, the relevant departments. The fourth chapter guarantee supervision and 23rd districts municipalities and counties (cities, districts) people's Governments shall, in accordance with the approved standards of rural five-guarantee arrangements for funding in the budget. The township (town) people's Government shall, in accordance with the higher people's Governments to provide standard arrangements for funding.
    Financial departments should be adequate funds and rural five-guarantee funds in a timely manner.
    Collective operation income place, you can allocate funds from the rural collective operation income, used to benefit and improve the lives of rural five-guarantee.
    Provincial government arrangements in the budget a certain amount of money each year, for the province's rural five-guarantee work in underdeveloped regions and island areas of rural five-guarantee work focused support. Article 24th of rural five-guarantee service organizations to improve the lives of dependent objects for the purpose of agricultural production. Relevant departments of the people's Governments above the county level and sideline production in rural five-guarantee service should be given the necessary support.
    Land for construction of rural five-guarantee services, may have a certain proportion of land in agricultural production.
    Government and franchise water, electricity, gas, telecommunications, cable television and other business units, shall, in accordance with national and provincial regulations for rural five-guarantee service relief related costs.
    25th rural five-guarantee service organizations can enjoy preferential tax policies in accordance with State regulations.
    Community organizations and individuals contribute to the rural five-guarantee service, qualified, in accordance with the provisions in the corporate income tax and personal income tax deduction.
    26th, relevant departments of the people's Governments above the county level should be systematically organized rural five-guarantee service agency staff ethics, gerontology, services such as skills training, improve the overall quality of staff and service level. 27th people's Governments above the county level shall strengthen the supervision and management of rural five-guarantee work.
    Civil affairs departments above the county level people's Governments and township (town) people's Governments should develop a management system for rural five-guarantee work, and to supervise their implementation.
    The people's Government above the county level financial, audit, civil affairs and other relevant departments should strengthen supervision and administration of rural five-guarantee the use of the funds.
    28th rural five-guarantee treatment conditions of application, procedures, democratic appraisal, as well as criteria and the use of the funds for rural five-guarantee shall be announced to the public, subject to public supervision.
    The fifth chapter legal liability article 29th acts in violation of these rules, and relevant provisions of laws and regulations on administrative punishments, disciplinary action, from its provisions.
    Article 30th rural five-guarantee services in violation of these rules, violations of the legitimate rights and interests of the dependent objects, of discrimination, insult, abuse, or abandonment of a dependent object, civil affairs departments above the county level people's Government, or the township (town) people's Government a rectification, give notice of criticism, the persons in charge and other direct liable persons shall be given administrative sanctions.
    31st article violation this approach provides, village Committee, and rural five dependent service institutions on dependent object provides of dependent service not meet requirements of, by Xiang (town) Government ordered deadline corrected; late not corrected of, Xiang (town) Government right to terminated dependent service agreement; caused loss of, law bear compensation responsibility; on has responsibility of competent personnel and other directly responsibility personnel law give disposition.
    Article 32nd acts in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 33rd according to needs and conditions, local governments can take the form of government procurement, purchased from the pension institutions organized by the social forces of rural five-guarantee services, but provide for rural five-guarantee service level shall not be less than the local standard. 34th article of the rules take effect on August 1, 2008.
  On October 25, 1996 province rural five-guarantee work, Zhejiang Province people's Government promulgated the regulations repealed simultaneously.