Liaoning Provincial Rural Five-Guarantee Approach

Original Language Title: 辽宁省农村五保供养办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(November 29, 2007, Liaoning Provincial people's Government, the 76th General session on December 12, 2007, No. 218 of Liaoning Province announced as of February 1, 2008) first in order to guarantee the basic living of rural five-guarantee and promote the development of social security in rural areas, according to State Council regulations of the rural five-guarantee work, combined with the province, these measures are formulated.
    Article in the province within the administrative area of rural five-guarantee work, these measures shall apply.
    Third of provinces, cities and counties (including County-level cities and districts, the same below) the home departments of rural five-guarantee work within their respective administrative areas.
    Audit, finance, development and reform, health, education and other relevant administrative departments within their respective areas of responsibility of rural five-guarantee work.
    The township (town) people's Government responsible for the administration of rural five-guarantee application, auditing and other related work.
    Article fourth of rural five-guarantee work should be guided by the following principles: (a) the basic living, (ii) provide for standards commensurate with the level of economic and social development, (iii) dominated by Government support, support rural collective economic organizations and the community to help supplement; (iv) concentrated with the combining of separately supply; (e) a fair, just and open. Fifth to encourage citizens, legal persons and other organizations for rural five-guarantee and rural five-guarantee services and unpaid donor services.
    Contributions to outstanding and unpaid services units or individuals, by the people's Governments above the county or district departments to be commended.
    Sixth article I province rural villagers, belongs to years full or over 60 age of elderly, and not full 16 age of minor people, and by County home sector specified hospital identification for no labor capacity of disabled, and its I or family years life source below local rural five dependent standard, and cannot set maintenance, and raised, and dependency obligations people, or statutory maintenance, and raised, and dependency obligations people no perform statutory obligations capacity of, can application enjoy rural five dependent treatment. Statutory support, maintenance, maintenance obligations belong to years or over 70 years of age, elderly, incapacitated disabled persons, minors under 18 years of age, are considered to be no capacity to meet statutory obligations.
    Year into the family income outstripped rural minimum living guarantee standard except for twice times. Seventh application for rural five-guarantee treatment should be in accordance with the following procedures shall be followed: (a) by the villagers themselves through village committees, to the township (town) people's Governments to apply.
    Due to their own reasons, the villagers himself unable to express their wishes, by a close relative on whose behalf the application without close relatives, by farmer groups, villagers ' Committee or other villagers, on whose behalf the application.
    (B) the convening of the villager representative Conference of democratic appraisal of the village Committee, and will review the results in the context of the village public 3rd; no major objections, by the villagers ' Committee will submit related materials of township (town) people's Government audit.
    (C) the township (town) people's Government from the date of receipt of the comments in the 20th, on the applicant's natural, family conditions and economic conditions carry out investigation to verify, audit observations, submitted to the County Civil Affairs Department.
    (Four) County home sector since received audit views and about material of day up 20th within made approval decided, necessary Shi can for review; on approved enjoy rural five dependent treatment of, according to dependent form, by Xiang (town) Government and rural five dependent service institutions or village Committee, and rural five dependent object and dependent responsibility people signed dependent agreement, to rural five dependent certificate; on not meet conditions of, returned application material, and written description reason.
    Eighth article five guarantees supporting in rural areas enjoy support by rural five-guarantee certificate of treatment. Has made rural five dependent certificate of rural five dependent object, has following case one of of, villagers right to to village Committee or rural five dependent service institutions reflect, by village Committee or rural five dependent service institutions to Xiang (town) Government report, Xiang (town) Government audit and reported County home sector approved, stop its enjoy dependent treatment, and verification rural five dependent certificate: (a) has has statutory maintenance, and raised, and dependency obligations people, and statutory maintenance, and raised, and
    Dependency obligations people has perform statutory obligations capacity of; (ii) again get stable of life source, or contracting to (mountain), and Homestead was law levy, and occupied, get of compensation amount enough to long-term maintained basic life of; (three) has has labor capacity of; (four) years full 16 age, has completed compulsory education stage in school academic, and has labor capacity of; (five) rural five dependent object death, funeral matters handle finished of.
    In line with the approved rural five-guarantee conditions specified in the preceding paragraph, requested the rural five-guarantee service agencies to provide services, in accordance with the relevant provisions of the paid services for processing. Nineth rural five-guarantee forms into centralized maintenance and decentralized support.
    Is concentrated in rural five-guarantee service offerings separately supply refers to the home alone or supported by relatives to support responsible, independent life. Tenth Article rural five dependent including following dependent content: (a) concentrated dependent of, by rural five dependent service institutions provides eat, and wear, and live, and medical, and buried and culture entertainment and rehabilitation activities, dependent service; (ii) dispersed dependent of, by County financial sector or home sector according to local rural five dependent standard provides dependent funds, village Committee and signed dependent agreement of villagers is responsible for daily care, also can by rural five dependent service institutions regularly provides appropriate of dependent service, County, and
    The township (town) people's Governments in charge of housing construction and maintenance, the villagers ' Committee for assistance.
    Rural five-guarantee under 16 years of age or have reached the age of 16, is still compulsory, dependent included to guarantee compulsory the provision of money and property.
    Rural five-guarantee in new rural cooperative medical service fees shall be borne by the individual, uniformly paid by the County, and in accordance with the relevant provisions of the province enjoy a rural medical aid and medical services for differential treatment. 11th rural five-guarantee standard's scope includes food, clothing costs, medical expenses and the appropriate cultural entertainment and personal expenses costs, management costs of rural five-guarantee service is not included.
    Specific support from County or public service in conjunction with the Department of finance, statistics, prices, in accordance with the principle of no less than the local rural residents per capita standard of living developed, approved by the people's Governments at the corresponding level and reported to the people's Governments at a higher level for the record after the implementation and adjusted with increasing average living standards of rural residents.
    Adjustment of rural five-guarantee standards, procedures should be in accordance with the provisions of the preceding paragraph shall be followed.
    Separately supply rural five-guarantee no source of income, according to the local standards of rural five-guarantee full enjoyment dependent treatment; some sources of life, enjoy the difference to provide treatment. 12th rural five-guarantee funds into provincial, city and county budgets.
    Financial departments should strengthen funds management, paid on time and in full, ensuring that earmarked.
    Encourage qualified Township (town) people's Government, the rural collective economic organization for rural five-guarantee service agency funding or resource support, subsidies and improving the lives of rural five-guarantee.
    13th article concentrated dependent of rural five dependent object of dependent funds and rural five dependent service institutions of management costs, by County home sector provides statistics data, financial sector according to annual directly allocated to rural five dependent service institutions; dispersed dependent of rural five dependent object of dependent funds, by County home sector approved issued data, County financial sector directly through Bank, and Credit Union, and post savings bank issued to households.
    Article 14th construction of rural five-guarantee services, with city, County and township (town) people's Government investment, supplemented by social contributions.
    Construction of rural five-guarantee services, should be combined with the construction of small towns and building a new Socialist countryside, according to the local agricultural distribution of people and towns and geographical features, resources, and so on, in accordance with local conditions and capabilities, integrated planning, integrating principles of rational distribution of assets, and plan for new construction, renovation or expansion.
    Conditional areas should build regional centers to provide services of rural five-guarantee service.
    Encourage citizens, legal persons and other organizations investing in responsibility for rural five-guarantee services agencies.
    15th conditions of rural five-guarantee service is provided, in accordance with the registration and management of public institutions. Non-government investment in the construction of not-for-profit institutions responsibility for rural five-guarantee services, in accordance with the management and registration of private non-enterprise units. Apart from the administrative and funding, and equal treatment for rural five-guarantee service.
    Pro Bono public service obligations on Government subsidies may be appropriate under the circumstances. 16th section of rural five-guarantee service management costs include management staff costs, office expenses, housing construction and maintenance, heating bills, utility bills and funeral expenses of rural five-guarantee object.
    Management fees into city and county budgets, specific percentage determined by the municipal people's Government.
    Management services for rural five-guarantee service personnel costs, by the financial Department of management services in accordance with provincial staff and the proportion allocated for dependent objects.
    Management services for rural five-guarantee service personnel be recruited. Article 17th of rural five-guarantee services shall set up the Management Committee, practise democratic management. Hospital Management Committee from management personnel and representatives of rural five-guarantee, society composed of donor representatives.
    Management matters involving the interests of rural five-guarantee, shall be subject to the Management Committee's brainstorming. Rural five-guarantee services shall comply with the provincial Civil Affairs Department management service specification, the implementation of financial revenues and expenditures such as the public, ensuring food safety and fire safety, acceptance of Civil Affairs, finance, audit, and other relevant departments and social supervision.

    Article 18th rural five-guarantee services to improve the lives of rural five-guarantee for the purpose of agricultural production and management, should be considered public welfare activities.
    The township (town) people's Governments shall provide the necessary conditions for the production and operation, and the relevant government departments should be given support.
    Of rural five-guarantee service losses due to natural disasters, the Government give priority to relief, housing rehabilitation and reconstruction of their lives taking care of and arrangements. 19th to encourage socialization of rural five-guarantee service provider service. On the premise of rural five-guarantee service levels are not reduced, allowing it to paid services, receive five guarantees supporting in rural areas outside the object of the elderly, the disabled, orphans, hospital.
    Conditional, should establish a central, providing entertainment for the elderly, the disabled and rehabilitation health-care services. Article 20th rural five-guarantee by law the right to private property ownership. Its private property can be used by rural five-guarantee service or township (town) people trust for specific modalities shall clearly set forth in the support agreement.
    Private property was legally occupation, occupier shall perform the obligation of support or to pay benefits.
    Rural five guarantees supporting in a unified organization and the employer did not receive contract to (mountains), contracted by the employer is responsible for the implementation (mountains), can never be implemented, shall compensate the loss has been contracted (mountain) by the farming of others, shall provide appropriate circulation gains.
    21st the relevant administrative departments and their staff, as well as of rural five-guarantee service in violation of this regulation, in accordance with the State Council for rural five-guarantee work of relevant provisions of the Ordinance. 22nd article rural five dependent service institutions staff has following case one of of, be dismissed; to rural five dependent service institutions or rural five dependent object caused loss of, law bear compensation responsibility; plot serious, has crime suspected of, transferred judicial organ law held criminal: (a) deduction rural five dependent object should enjoy of dependent paragraph real of; (ii) abuse, and insult rural five dependent object of; (three) took dirt, and misappropriated, and theft, and interception, and
    Dividing up rural five guarantees supporting in rural five-guarantee service or object property; (d) the breach of safety regulations cause serious accidents, and (e) of rural five-guarantee the legitimate rights and interests of other violations.
    Article 23rd rural five-guarantee services mentioned in these measures refers to investment and management by the Government, used to support rural five-guarantee of nursing home, home for the aged, welfare and other social public welfare institutions.
                                    24th article this way come into force on February 1, 2008.

Related Laws