Hunan Provincial Rural Minimum Living Standard Security Approaches

Original Language Title: 湖南省农村最低生活保障办法

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(July 26, 2007 109th meeting consideration of Hunan province on January 24, 2008, Hunan provincial people's Government promulgated as of March 1, 2008, No. 221) Chapter I General provisions article I in order to establish a rural minimum living standard security system to guarantee the basic livelihood of rural families and promote harmonious social development in rural areas, according to the relevant regulations of the State, combined with the facts of the province, these measures are formulated.
    Second rural lowest life guarantee in these measures refers to families in rural per capita annual net income is lower than the local minimum living standard of rural families, given by the people's Government living allowances system. Rural families to the rural minimum living standard security is the main form of system of rural lowest life guarantee.
    People's Governments at all levels and the departments concerned can take other measures.
    Third rural minimum living benefits in accordance with the General rural families in difficulty and type of document distribution where conditions can also be difficult in rural households per capita annual net income balance issue with local rural minimum living standard.
    Rural minimum living allowance payments are based on families in rural per capita annual net income should be more or less timely termination, reduction or SEO.
    Article fourth rural minimum living standard security work should be adapted to local rural economic and social development level and financial situation to gradually improve the rural minimum living standards and expanding the scope of rural lowest life guarantee. The rural minimum living standard security work should be linked to poverty alleviation and development, promotion of employment and other social security measures dovetail maintenance maintenance maintenance, social solidarity and family, the combination of individualism.
    Encourages and supports the work of the rural residents in difficulty based on, laodongzhifu.
    Article fifth rural minimum living guarantee equitable, fair and open principles, subject to public supervision. Article sixth work of Governments at all levels in charge of rural lowest life guarantee.
    People's Governments at all levels should include the rural minimum living standard security work in local economic and social development planning, determination and gradually improve the rural minimum living standard, full arrangements of rural minimum living guarantee funds.
    Seventh civil affairs departments above the county level people's Government responsible for the administration of rural lowest life guarantee in the work of finance, statistics, prices and audit departments of rural lowest life guarantee in according to their respective functions are responsible for the relevant work.
    The village (neighborhood) committees assist the Township people's Governments or neighborhood offices doing related work of the rural minimum living standard security.
    Chapter II requirements for enjoy the benefits of rural lowest life guarantee article eighth applications for rural families enjoy the benefits of rural lowest life guarantee, shall comply with the following conditions: (a) has local rural household; (b) family members to live together per capita annual net income is lower than the local minimum living standards in rural areas. Nineth article this approach by said common life of family members, is refers to: (a) spouse, and common life of children; (ii) common life of parents, and zu parents, and outside zu parents; (three) parents double died or no raised capacity, and brother, and sister common life of minor or is has adult but no independent life capacity of brother, and sister; (four) parents double died, and zu parents or outside zu parents common life of minor or is has adult but no independent life capacity of grandson female, and grandson children; (five) common life and has formed maintenance, and
    Maintenance and support relationships with other family members.
    Article tenth family net income mentioned in these measures refers to when the applicant for the first 12 months, members of the family to live together the sum of all monetary income and income in kind (calculated according to the Statistics Department of statistics).
    According to the relevant regulations of the State, the rural population enjoy a reasonable reward, honor allowances, pension benefits, preferential treatment payments, child care, family planning reward and support allowance, the new rural cooperative medical care reimbursement of medical expenses, medical aid, grants, scholarships, work-study income, as well as the temporary social assistance, regardless of family income. 11th article has following case one of of family, not enjoy rural minimum life guarantees treatment: (a) in labor age within has normal labor capacity, not engaged in production labor of (in school students except); (ii) has capacity farming and not farming, led to by Contracting land abandoned of; (three) family actual living obviously above local rural minimum life guarantees standard of; (four) not truthfully declared or refused to verification family income of; (five) for alcohol, and gambling, and
    Drug abuse causes family's real life level is lower than the local minimum living standards in rural areas, through education is still not corrected, (vi) the people's Governments above the county level other circumstances that do not enjoy the benefits of rural lowest life guarantee.
    12th rural minimum living standard by city, State or County Department of civil affairs in conjunction with the Department of finance, statistics, price development, reported to the people's Governments at the corresponding level approval and reported to people's Governments at a higher level for the record after the execution.
    13th rural minimum living standard according to the local rural residents throughout the basic necessary food, clothing, water, electricity and other basic expenses.
    Article 14th rural minimum living standard should be based on the local price of necessities and the improvement of people's living standards, timely adjustment.
    Chapter III treatment of rural lowest life guarantee in approving applications for the 15th rural families enjoy the benefits of rural lowest life guarantee, by adult family members hold identity cards, household, household income and other relevant material, to the village (neighborhood) the written application to the Commission, can also make an application directly to the Township people's Governments or neighborhood offices.
    Family members are incapacitated, unable to properly express willingness, can his close relatives and other villagers or village groups for application. 16th article village (home) people Committee should since received party of application of day up 20th within, on applicants of family members labor status, and economic income status and actual living for survey verified Hou, held village (home) people representative Conference or comments Group Conference for democratic comments, and will survey verified situation and democratic comments views in village (home) works public bar for first list publicity 7th.
    Public after the expiration of public comments, the applicant's situation, democracy-related materials and village (neighborhood) and the preliminary observations of the Committee reported to the Township people's Governments or neighborhood offices for review. 17th Township people's Governments or neighborhood offices shall receive village (neighborhood) from the date of Commission of the submitted materials in the 20th, to review the applicant's family situation, and will review the situation in the village (neighborhood) public bar to a second list public affairs 7th.
    Public after the expiration of publicity situation, related materials of the applicant's family and town people's Governments or review comments of the subdistrict office reported to the County Civil Affairs Department for approval. Article 18th County Civil Affairs Department shall receive the Township people's Governments or submitted materials within 20th of the subdistrict office, to review the applicant's family situation. Following a review of admission to enjoy the benefits of rural lowest life guarantee, identify rural minimum living subsidy amounts, and in the village (neighborhood) public list of columns for the third public affairs 7th. Publicity without any objections, to the rural minimum living standard security gold-collar forensics; public objections, shall organize investigation and treatment.
    Upon examination do not enjoy the benefits of rural lowest life guarantee conditions are met, and should state the reason in writing to the applicant.
    The fourth chapter of rural minimum living guarantee funds to raise and release the 19th rural minimum living guarantee funds needed, by provincial, municipal, County and City Government Civil Affairs Department under the rural minimum living standard and enjoy the benefits of rural lowest life guarantee the number of proposed funding needs, after approval by the financial Department in the annual budget.
    Province of rural lowest living guarantee funds are mainly used for the financial arrangements grants financial difficulties.
    20th at various levels shall encourage social organizations and individuals to contribute to the rural minimum living standard security work.
    Article 21st rural minimum living guarantee funds to undertake project management and accounting of special accounts, earmarking, no unit or individual may intercept or appropriate.
    22nd quarterly issue of rural minimum living standard security to the home, and direct payment through banks and other financial institutions.
    Fifth chapter regulatory 23rd Township people's Governments or sub-district offices and the County Civil Affairs Department shall establish a rural minimum living standard security audit system. Rural minimum living standard security objects shall be notified promptly of any change in household income of village (neighborhood) committees, village (neighborhood) the Commission should also be objects of rural lowest living guarantee income changes notify the Township people's Government or the street.
    Township people's Governments or neighborhood offices shall be verified in a timely manner, reports the County Civil Affairs Department suspended, reduced or additional rural minimum living standard security procedures and public notification and shall inform the parties in a timely manner.
    24th the Township people's Governments or sub-district offices and the County Civil Affairs Department shall establish a rural minimum living standard security object file, and to ensure that documents are complete and safe.
    25th people's Governments at various levels should strengthen leadership of the rural minimum living standard security work, with the rural minimum living standard security staff, arrange special work of rural minimum living guarantee funds guarantee normal development of rural lowest life guarantee.
    City State, County and city governments can village (neighborhood) committees to assist the rural minimum living subsidy guarantee work.
    26th people's Governments and their civil affairs departments above the county level shall strengthen the supervision and management of rural lowest life guarantee and at the beginning of each higher level people's Governments and their departments of Civil Affairs reports on implementation of the annual work of the rural minimum living standard security.
    27th financial Department of the people's Governments above the county level shall be in full mobilization, on-time allocation of rural minimum living guarantee funds and strengthen supervision on the use of funds. 28th government auditing authorities above the county level shall strengthen the rural minimum living standard security audit of the use of the funds.

    29th no unit or individual may request the County Civil Affairs Department, Township people's Governments and neighborhood offices and village (neighborhood) in the Committee's work in the rural minimum living standard security fraud.
    The sixth chapter legal liability article 30th embezzlement, misappropriation, interception, dividing up the rural minimum living standard security requirements, or work in rural lowest life guarantee in the abuse of power, negligence, malpractice, directly by the relevant departments of the responsible person in charge and other direct liable persons shall be processed constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 31st fraud, bribery or other improper means to get treatment of rural lowest life guarantee, by the County Civil Affairs Department to recover its access to the rural minimum living standard security in serious cases, obtain a rural minimum living guarantee amount 1 time penalty.
                                              Seventh chapter supplementary articles 32nd article this way come into force on March 1, 2008.