Subsistence Allowances For Rural Residents Of Ningxia Approach

Original Language Title: 宁夏回族自治区农村居民最低生活保障办法

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(May 25, 2007 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 93rd on August 13, 2007, the people's Government of Ningxia Hui autonomous region, the 99th announced as of October 1, 2007) Chapter I General provisions article in order to protect the basic livelihood of the rural poor, solve difficult life for the rural poor, according to the relevant regulations of the State, combined with this practice, these measures are formulated.
    Second autonomous region rural minimum living standard security system implementation, these measures shall apply.
    Article subsistence allowances for rural residents for dependency management and dynamic management, adhere to the basic classification of life, Shi Bao and the principles of openness, fairness and justice.
    Fourth above the county level shall exercise leadership in the rural minimum living standard security work.
    Civil affairs departments above the county level people's Governments in charge of organization of the rural minimum living standard security implementation and supervision.
    People's Governments above the county level finance, agriculture, health, education, audit, monitoring, labor and Social Security Department and the Federation of social organizations, relevant financial institutions, do the responsibilities of rural lowest life guarantee in the context of work.
    Village committees by Township (town) people's Government delegate, assume rural minimum living standard security system in the service.
    Chapter II basic living allowances and minimum treatment fifth autonomous region held agricultural, household per capita annual net income of less than the municipality determines the rural minimum living standard of the rural population, after the villagers ' representatives of democratic appraisal, Township (town) people's Government audit, County (city, district) District and approval of the Department, established as a rural minimum living standard security object (hereinafter referred to as basic living allowances).
    Article sixth basic living allowances, as shall be determined according to the family income levels and working ability, health status and other factors, different standards of minimum living guarantee of treatment (hereinafter referred to as the low treatment). Low standard of treatment, by the financial Department of the autonomous regional civil affairs, comments, announced after the Government approved the implementation of the autonomous region.
    Low standard of treatment in accordance with price changes and other factors to adjust for necessaries.
    Districts of city and County (city, district) people's Government according to the administrative financial status appropriate to improve the low standard of treatment.
    Seventh article Lo-object life perennial difficult, and has following case one of of, can appropriate improve Lo-treatment standard: (a) disabled all or part lost labor capacity of; (ii) for long-term sick led all or part lost labor capacity of; (three) maintenance people, and Fu (helped) dependants death or is prison served or accept reeducation-through-labor of; (four) family occurred disaster sex accident or burst dangerous seriously ill of.
    Eighth low treatment with the lowest form of life insurance, monthly open private current deposit book issued by financial institutions.
    Lo-Fi object with special current deposit book and the certificate of minimum living guarantee of rural residents, to designated financial institutions receive subsistence payments.
    After Nineth Lo-enjoy the benefits of low life with special difficulties, counties (cities and districts) civil affairs departments and township (town) people's Government may give temporary relief.
    The County (city, district) other relevant agency of the Government basic living allowances should be given appropriate assistance.
    Article tenth basic living allowances in the legal age for employment and the ability to work, enjoy the benefits of low term of not more than 1 year.
    11th article has following case one of of rural residents, shall not enjoy Lo-treatment: (a) in household location continuous live discontent 1 years of; (ii) in statutory employment age within and has labor capacity, no due reason abandoned contracting of land, and mountain, and time of; (three) violation family planning policy Super of; (four) has prostitution, and gambling, and drug, violations of; (five) actual living obviously above other rural residents of; (six) has statutory maintenance people and maintenance people has maintenance capacity of;
    (VII) other circumstances that will not be enjoying the low treatment under the law.
    12th the following incentive grants are not included in the net income of rural households: (a) preferential pension; (b) family planning reward and assistance payment; (c) the education grant and (iv) good Samaritan award, (v) other not included in the net income of rural households of incentive grants.
    Chapter the low treatment application, examination and approval article 13th treatment of rural residents who have applied for the low, the head of the villagers ' Committee of the rural minimum living standard security benefits application form and booklet or identity cards. The township (town) people's Governments and village committees, should be applied for treatment of low-income rural residents of the rural minimum living standard security benefits application form and relevant advice and assistance.
    Applicants unable to complete due to special reasons of the rural minimum living standard security benefits application form, by the township (town) people's Governments or village Committee your behalf.
    14th treatment of villagers ' Committee received the rural minimum living standard security application form after the family economic situation of applicants should be investigated and organized the villagers ' representatives, on the applicant's household income, property, labour force status and actual living conditions for democratic deliberation.
    Treatment granted to applicants to enjoy the low democratic appraisal of decisions by all the villagers ' representatives should be adopted by a majority vote.
    15th enjoy the benefits of low-eligible family did not apply for any rural grass-roots organizations or individuals have the right to submit to the villagers ' Committee, the villagers ' Committee shall be submitted to the villagers ' representative meetings for democratic deliberation.
    16th the township (town) people's Governments shall arrange workers to participate in the villagers ' representatives, to monitor the content and processes of democratic appraisal.
    State organs stationed in village and township (town) for home helpers, village affairs oversight group, the village Commissioners shall attend the villagers ' representatives of persons with disabilities, to express their views on the content and process of democratic deliberation.
    17th the villagers ' representatives shall make a written record of the process of democratic appraisal, and by participating in the villagers ' representatives representatives of villagers and township (town) people's Government staff and to attend sessions of the signature (seal).
    Democratic appraisal of the villager representative Conference ended, should fill in the Lo-Fi the democratic evaluation form for the treatment of rural residents, making the proposed families and members of their families enjoy the low treatment list in triplicate, villagers ' committees and representatives of the villagers and township (town) people's Government staff armed with a.
    Article 18th villagers ' committees should be signed and stamped by the Lo-Fi the application form for the treatment of rural residents, with the residents of the rural minimum living standard security treatment of democratic appraisal form, representative Conference of democratic appraisal of records and other materials submitted to the township (town) people's Government audit.
    Article 19th of township (town) people's Government to the village Committee without objection after the relevant material submitted to the audit and intends to decide to enjoy the low treatment of the applicant's materials should be submitted to the County (city, district) Civil Affairs Department for approval.
    Article 20th counties (cities, districts) of Ministry of civil affairs departments of township (town) after submitting the relevant material under review, no objection, of applicants eligible for these measures should be made to enjoy the benefits of low decision, issuance of certificate of the subsistence allowances for rural residents.
    Treatment of low-income counties (cities, districts) Department of Civil Affairs of the month from the date of approval.
    Article 21st of township (town) people's Government, the County (city, district) signed by civil affairs departments in the audit, approve comments, shall verify the applicant's household income, understand their family assets, labour conditions and the actual standard of living, and villagers on behalf of democratic appraisal of proposed review and approval. 22nd villagers Committee and township (town) people's Governments respectively prior to submitting application materials for the treatment of low, and County (city, district) civil affairs departments before enjoying the low treatment decisions are made should be in village affairs related village groups and public to enjoy the benefits of low list of families and members of their families, inhabited or publicity in the mosque of the village. Publicity for not less than 5 days.
    Publicity over, should fill out the publication information note. Anyone who disagrees with the content of the public, directly to the township (town) people's Governments, counties (cities and districts) civil affairs departments or watchdog to report to receive reports about the township (town) people's Government, Home Affairs Department or departments should carry out investigation to verify.
    Treatment conditions for eligible low-income rural residents, democratic appraisal in accordance with procedures laid down in this chapter, review, approval, are not met, shall state the reasons in writing.
    Article 23rd villagers Committee and township (town) people's Government, the County (city, district) departments of Civil Affairs, in Lo-Fi application for the treatment of democratic appraisal, review and approval process, the applicant's decision not to ratify enjoy the benefits of low, shall state the reasons in writing.
    Fourth chapter adjustment of basic living allowances and minimum treatment article 24th of township (town) people's Governments, counties (cities and districts) civil affairs departments should regularly or from time to time to investigate the living conditions of the rural poor in time for qualifying into the scope of minimum living guarantee of rural residents.
    After 25th Lo-enjoy the benefits of low life with special difficulties, upon written application, by villagers ' committees and township (town) people's Government, the County (city, district) civil affairs departments according to the procedures provided for in chapter III of this approach of democratic appraisal, review, approval, can increase the low treatment.
    26th article Lo-object has following case one of of, should canceled its enjoy of Lo-treatment: (a) family net income has in autonomous regions Government determine of rural minimum life guarantees standard above of; (ii) purchase high-end consumer of; (three) children in private of high charges school attended of; (four) account moved out this autonomous regions or death of; (five) has this approach 11th article provides case one of of. 27th canceled the low treatment, recommended by the villagers ' Committee, the township (town) people's Government audit. The township (town) people's Governments shall carry out investigation to verify, in line with the provisions of article 26th, audit observations in writing of cancellation of the low treatment in a timely manner, counties (cities and districts) Civil Affairs Department for approval.

    The County (city, district) departments of civil affairs investigation that this is the case, cancel the low treatment decisions should be made, since the date of the decision in the 10th, served on the Lo-Fi object the notification of cancelled the low treatment, recovery and cancellation of the certificate of minimum living guarantee of rural residents.
    28th villagers Committee and township (town) people's Government, the County (city, district) civil affairs departments before the decision to raise or to cancel the low treatment shall be in accordance with the provisions of the first paragraph of this article 22nd publication.
    The County (city, district) departments of Civil Affairs decided to raise or to cancel the low treatment, entry into force since the date of the decision next month. Fifth chapter safeguards article 29th the low funding at all levels budget proportional grading burden.
    Comment burden ratio from finance, civil affairs departments of the autonomous region, and autonomous region people's Government for approval.
    Lo-Fi funds into the financial social security accounts management, earmarks, no organization or individual may intercept or appropriate and appropriate.
    Encourage social organizations and individuals in poor rural residents.
    30th the people's Governments above the county level shall rural minimum living guarantee funds should be included in the financial budgets.
    The County (city, district) and township (town) people's Governments shall determine their full-time staff, responsible for the rural minimum living standard security work.
    Civil affairs departments of the rural minimum living standard security staff should be regular training.
    31st of authorized financial institution shall, from the date of Lo-Fi funds into 5th turn into a basic living allowances personal deposit account and shall not be any reason to delay them or detained.
    Authorized financial institutions basic living allowances of minimum life security special passbook account, free account service fees shall be charged, query, report charge and other costs.
    32nd people's Governments above the county level and civil affairs, finance, auditing and supervision departments should regularly check the rural minimum living standard security, you can check at any time if necessary.
    The County (city, district) people's Government and the relevant departments should be the administrative implementation of the annual work report of the rural minimum living standard security system the municipality.
    Article 33rd County (municipal and district) departments of Civil Affairs and township (town) people and villagers ' committees shall establish a rural minimum living standard security work.
    34th the County (city, district) departments of Civil Affairs and township (town) people's Governments shall publicize the contact telephone, set up reporting boxes and Lo-Fi application for the treatment of conditions, procedures and low standards of treatment, Lo-Fi, such as the use of the funds to the community bulletin, counselling and social supervision.
    A villagers ' Committee shall, in accordance with the relevant provisions of the Ningxia Hui autonomous region, ways of village affairs, regarding the release of rural lowest life guarantee in time matters.
    Sixth chapter penalty is 35th article has following case one of of, village Committee made of intends enjoy Lo-treatment of decided invalid, by Xiang (town) Government or County (city, and district) Ministry of civil affairs door about responsibility personnel be criticism education, and ordered deadline corrected; late not corrected of, can recommends villagers Conference law recall about responsibility personnel of positions: (a) without villagers representative Conference democratic comments of; (ii) not get villagers representative Conference all representative majority through of;
    (C) article 16th personnel has not been invited to these measures to participate or attend the villagers ' representative meetings; (d) is not public to enjoy the benefits of low list of families and members of their families (v) to enjoy the benefits of low-eligible rural residents refused to sign to give consent to or opinions do not meet the conditions for enjoying the low treatment intentionally subscribe to views of rural residents.
    36th article home, and financial sector and Xiang (town) people Government of staff has following behavior one of of, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition; constitute crime of, law held criminal: (a) not according to requirements participate in villagers representative Conference or participate in villagers representative Conference not seriously perform supervision duties of;
    (Ii) on meet enjoy Lo-treatment conditions of rural residents refused to signed agreed views or on not meet enjoy Lo-treatment conditions of rural residents deliberately signed agreed views of; (three) negligence, led Lo-funds was corruption, and misappropriated, and interception, or abuse, corruption, and misappropriated, and interception Lo-funds of; (four) has other abuse, and negligence, against rural residents lawful rights and interests of behavior of.
    37th Township (town) people not in accordance with the provisions of the first paragraph of this article 16th placement of staff representative Conference of democratic appraisal and supervision according to law, the County (city, district) people's Government ordered to rectify; it fails to be criticized.
    Article 38th rural residents of the township (town) people's Governments, counties (cities and districts) does not approve of the home sector enjoy the low pay or cancel the low treatment is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    39th of the seventh schedule of the Lo-Fi application form for the treatment of rural residents and the democratic appraisal of rural residents in the low treatment table and the cancellation notice of Lo-Fi treatment by the civil affairs departments of the autonomous region shall be designed, by the County (city, district) District Department of printing.
    The subsistence allowances for rural residents permit by State home, unified financial sector producers.
                                                                                                      40th article of the rules take effect on October 1, 2007.