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Administrative Measures For The Rural Old-Age Care Institutions Services

Original Language Title: 重庆市城乡养老机构服务管理办法

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(Summit No. 117 of 7 January 2008 of the Government of the People of the Republic of China considered the adoption of the Order No. 214 of 17 January 2008 of the Order of the Government of the People of the Republic of China, which was launched effective 1 March 2008)

Chapter I General
Article 1 provides for the maintenance of the legitimate rights and interests of the elderly, regulating the service of the old-age institution, promoting the development of the old-age institution, and, in accordance with the relevant legislation, develops this approach in conjunction with the current city.
Article 2
The old-age institution referred to in the previous paragraph refers to institutions that provide care, life care, rehabilitation and trust for the elderly.
Article 3. The development of old-age institutions upholds the principle of integration, government support and market promotion.
Collective, village (resident) self-government organizations, social groups, entrepreneurship units, individuals and foreign investment are encouraged to organize old-age institutions in a variety of forms to contribute and contribute to support the development of the old institutions.
Article IV. Governments of municipalities and districts (Autonomous Regions) should develop institutional development planning based on the needs of economic and social development, population ageing and old-age services and include local economic and social development planning.
Article 5 is the responsibility of the municipal and district administrations (the autonomous district) to monitor and inspect the old-age services of the old institutions within the current administration.
Sectors such as development reform, rural and urban planning, institution-making, business, taxation, construction, land, finance, prices, health and labour security are jointly managed and developed in accordance with their respective responsibilities.
Sections or individuals who make a prominent contribution to the promotion and development of the old-age institutions should be recognized by the municipal and district (autonomous district).
Chapter II Establishment of institutions
Article 7. The establishment of an old-age institution shall be subject to the relevant provisions of the State:
(i) The use of non-profit matrimonial institutions run by State assets to register the registration process by the requisitioner to the start-up enterprise units;
(ii) To use non-profit matrimonial institutions run by non-state assets to register the registration process by the requisitioner to the host-country non-business units;
(iii) The establishment of an enterprise-friendly old-age institution, which is to be registered in the business administration sector.
Foreigners invest in the establishment of matrimonial institutions, and relevant approval procedures should also be governed by law.
Article 8. The old-age institution shall be required from within 30 days of the date of registration to the local civil affairs sector. The following material shall be submitted:
(i) A copy of the registration certificate issued by the registry authority;
(ii) statutes, management systems;
(iii) Basic conditions for managers, technicians and nursing personnel.
The changes in the case files of the old body should be reproduced within 30 days of the date of change.
Article 9. The services, management and facilities of the old institutions should be in line with the Basic Norms of the Older Persons Social Welfare Agency and its construction design should be in line with the Guidelines for the Design of Older Persons.
The old institutions are in line with the two norms mentioned above, and can be granted to the civil affairs sector the institution certificate of adoption. The old-age institution certificate shall not be transferred, rented, borrowed and modified.
Chapter III Services management
Article 10. The services of the old-age institution are divided among the adoptr and the recuperation.
The adoptor refers to persons who have no labour capacity, have no means of living, who cannot be targeted (soft) and receive the old-age services according to the relevant provisions.
The recuperation refers to those who voluntarily accept old-age services in accordance with the contract agreement of the parent institution.
Article 11. The non-profit parenting agency, which uses State assets, is primarily an adoptor who can receive the recuperation, subject to the completion of the adoption mandate.
The non-profit matrimonial institutions that use non-state assets are self-identified by market demand. The Government should encourage and support the acceptance of the adopted person.
Article 12. The old-age institution shall enter into a service contract with the user of the service or his or her relatives, the delivery of the foster unit (hereinafter referred to as the provider).
The service contract should include the following:
(i) Nam of the parties to the contract (name) and address;
(ii) The content and manner of services;
(iii) Terms and locations of service;
(iv) Feed criteria and modalities;
(v) The rights and obligations of the parties to the contract;
(vi) Contract changes, removal and termination conditions;
(vii) Liability for default;
(viii) Dispute settlement;
(ix) Other agreed matters.
The municipal civil affairs sector could develop model text of the old-age institution service contract for the use of the old-age institutions and service-specific reference.
Article 13
(i) Implementation of sub-care services based on the standard of living self-sustainability and care for service-specific targets;
(ii) The development of a balanced dietary for the elderly and the proper allocation of meals for the elderly. Older meals and meals should be distinguished from staff;
(iii) Undertake rehabilitation and cultural sports activities tailored to the characteristics of older persons;
(iv) The establishment of health files for service-holders, regular inspection of the body and the prevention of disease; the provision of the old-age institution to report to the relevant sectors in a timely manner, the necessary segregation measures, in accordance with the provisions, and the transmission of the breadwinner to specialized medical institutions;
(v) The establishment of a system of night-time work for the custody of older persons;
(vi) The establishment of a system of hygienic poisoning, regular elimination of the meals used by the elderly, the regular cleans and clothing of the elderly and the maintenance of environmental integrity within and outside rooms.
Article 14. The old-age institution should be able to receive the elderly without discrimination, abuse and neglect.
Older persons should be properly accommodated by the old-age institutions.
Article 15. The cost of receiving the adoptor by the parent agency is paid by the same financial sector in accordance with the prescribed criteria for feeding. Specific criteria are developed separately by the municipal financial sector with the municipal civil affairs sector.
The old-age agency receives the fees of the recuperation.
Chapter IV Oversight management
Article 16 states that the civil affairs sector in the municipalities and districts (Autonomous Regions) should monitor the quality of services, the scope of services, the costs of services and the use of donation funds.
Career institutions should be self-receptive and synchronized with oversight inspections in the relevant sectors.
Article 17
Article 18 should establish a financial, accounting system that clarifies the fees for various services projects and accepts oversight in the relevant sectors.
Article 19 The old body shall receive donations, funding and shall be used in accordance with the provisions of the Constitution and with the consent of the donor and the funder. The institution should report to the donation, the civil affairs sector on the receipt and use of donations, funding and be subject to the supervision of the relevant sectors by law.
Article 20 may establish an industrial association. Industry associations should strengthen self-regulation and perform the following responsibilities:
(i) Establish self-regulation mechanisms for the development and organization of regulations for the implementation of the industry, and take appropriate industrial self-regulation measures against members who violate the Statute of the Association or regulate and impair the overall interests of the industry;
(ii) On behalf of the industry to reflect matters relating to the interests of the industry, to make proposals for participation in the development of relevant industrial development planning and technical standards;
(iii) Industrial statistics, training and advice to promote communication and cooperation at the national and international levels;
(iv) Harmonization of disputes arising from the service delivery process between the elderly and the parent body;
(v) Activities such as self-regulation, services and coordination in other industries.
Article 21, the civil affairs sector in the municipalities and districts (Autonomous Regions) can organize periodicals of specialists in nutrition, medical, care, finance, and socialists with a focus on the elderly, assess the location, facilities equipment, staffing, service quality and credibility of the old institutions and publish the assessment findings to society. Specific approaches are developed by the municipal civil affairs sector.
Promotion and encouragement
Article 2
The old-age institution is in line with the Basic Norms of the Older Persons Social Welfare Agency and the Guidelines for the Design of Older Persons, which can be enjoyed by the Civil Affairs Department after its presentation.
Article 23 gives the following preferential policies to the old-age institutions when they provide feeding services:
(i) Emission of pollutantes, which are approved by the environmental sector responsible for levying fees, may be exempted from the removal of polluting fees;
(ii) Remove the payment of disability guarantees;
(iii) The use of State-owned land by urban elders should be made in accordance with laws, regulations, regulations, regulations, etc., with the exception that they can be obtained by way of promotion, in accordance with the law;
(iv) Medical institutions run by the old institutions with external medical, rehabilitative conditions of service that can be applied for inclusion in the planning of local regional medical institutions, which are authorized by the health sector in accordance with the regulations governing the administration of the medical institutions concerned; and medical institutions are allowed to apply to the local labour security administration for health-care establishments, which are eligible for review and can be included in the coverage of the health insurance.
Article 24 Non-profit old-age institutions enjoy the following preferential policies when providing feeding services:
(i) The income of the child-care services provided is exempted from taxation of business;
(ii) Self-exploitation, land exemption tax and urban land use taxes;
(iii) The use of electricity, water and gas shall be given the corresponding preference in accordance with the relevant provisions;
(iv) The construction and operation costs of non-profit parenting institutions run by State agencies are guaranteed by the same-level finances; the construction and operation costs of entrepreneurship units, social groups and other social forces, as well as non-profit matrimonial institutions run by citizens, and the Government of the people of municipalities and districts (Autonomous Regions) may grant certain subsidies in accordance with local economic, social development conditions.
Article 25 The State and the city's preferential policy with regard to the old-age institution also include other specific provisions, from which it is provided.
Chapter VI Legal responsibility
Article 26 is one of the following acts by the old body, which is being reformulated by the civil affairs department, and is not reformulated and fined.
(i) In violation of article 8 of this approach, the procedures for the non-required or non-renewable proceedings;
(ii) In violation of article 12 of this approach, no contract of service;
(iii) In violation of article 13 of this approach, the provision of old-age services is not required;
(iv) In violation of article 14 of the present approach, persons who are discriminated against, ill-treated, abandoned or who do not properly house them;
(v) In violation of article 16 of this approach, the inspection shall not be carried out in conjunction with the relevant authorities;
(vi) In violation of article 19 of this approach, no contribution, funding and reporting on the use of the relevant sectors is provided.
One of the acts set out in subparagraphs (i), (ii), (iii), 5 and (vi) of the previous paragraph is fined by more than 1000 dollars in the Civil Service Department; and (iv) of the act, which is fined by the Civil Affairs Department of $50 million.
In one of the above-mentioned acts, the relevant authorities may also eliminate affirmative measures granted and recover the related costs that have been paid during the period of the offence.
Article 27 contains other offences committed by the old body, which is dealt with by law by the relevant authorities.
Article 28 Civil affairs and related management staff are severely malfunctioning, abuse of their functions, provocative fraud, receivement of bribes by the competent authorities or the inspectorate to dispose of the circumstances, and are suspected to be committed to the justice system.
Article 29 considers that specific administrative acts violate their legitimate rights and interests, may be applied by law for administrative review or administrative proceedings before the People's Court.
Article 33 addresses, lenders and old-age institutions may apply for mediation to the relevant sectors or civil proceedings before the People's Court.
Chapter VII
Article 31
Article 32, the old-age institution that had already started before the operation of the scheme, should be completed within 30 days of the date of operation.
Article 33 of this approach is implemented effective 1 March 2008.