Subsistence Allowances For Urban Residents In Harbin City Approach

Original Language Title: 哈尔滨市城市居民最低生活保障办法

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(July 5, 2007, Harbin municipal people's Government at the 8th Executive meeting on July 11, 2007, Harbin Government 161th promulgated as of September 1, 2007) first to guarantee the basic living of urban residents, regulate subsistence allowances for urban residents, according to the regulations of the subsistence allowances for urban residents by the State Council and provincial regulations, in this municipality, these measures are formulated.
    Second way to apply to a non-agricultural in the city minimum living guarantee for urban residents.
    Article III of subsistence allowances for urban residents (hereinafter referred to as the minimum living standard) system, persist in combining Government and social support, encouragement of labour self-help, dependency management, principles of social distribution, subject to public supervision.
    Fourth article this way by public service organizations.
    District is responsible for the management and approval of the minimum living standard within their respective jurisdictions.
    District people's Government-owned streets, the town shall be responsible for the management and review of the minimum living standard within their respective jurisdictions.
    The community neighborhood Committee and the labor and social security work station (hereinafter referred to as the neighborhood) is responsible for the daily management services commissioned by the Home Department of the minimum living standard.
    Finance, labour and social security, statistics, prices, comprehensive audit, industry, health, education and other sectors, according to their respective rights and responsibilities and do related work of minimum living standard.
    Article fifth urban standard, governance by the public authorities and the financial sector, statistics, prices, and regularly to maintain basic life for city residents required food clothing and shelter expenses, electricity and coal-fired (gas) fees, compulsory education for minors charges and the consumer price index changes in factors such as the views submitted to the municipal people's Government announced after the execution. Sixth urban low-income funds run by municipal and district financial in proportion, respectively, included in the budget at the same level, into the financial subsidies to social security account, earmarks, no unit or individual may intercept or appropriate.
    Balances for the current year of the minimum living standard Fund carried forward to the next year.
    Encourage social organizations and individuals donations, support for the minimum living standard, which included all the donations, subsidies provided for the minimum living standard Fund.
    Article seventh city residents who hold non-agricultural, where live together per capita monthly income falls below the minimum living standard of family members, can apply to enjoy the benefits of the minimum living standard.
    Members of the family mentioned in the preceding paragraph refers to the same account and shall be formed support, maintenance or support personnel.
    Minors, cannot live independently of adults living with support or maintenance obligations is not, as a shared life.
    Family members of students in colleges and universities (graduate students, except for students), prison inmates take into account family population.
    Disappearance, escape, prison inmates without family. Eighth article common life family members of following currency income and real income meter into family income: (a) work units paid of fixed sex or temporary wage and various bonus, and subsidies, income; (ii) rental, and sold family property proceeds, various savings, and bonds or other securities of fruits card, and other accidentally proceeds; (three) statutory maintenance, and raised or dependency people should payment of maintenance, and raised or dependency fee; (four) inherited of heritage, and accept of gift, and survivors subventions, and social benefits, and
    Reform of basic pensions, unemployment insurance, merged and bankrupt enterprises such as compensation income; (v) engage in planting, breeding, processing, and business, set up factories and other income after deduction of the necessary costs; (vi) income earned through various service pay; (VII) laws, regulations and other regulations should be included in income. Nineth article following various project regardless of into family income: (a) special care and object enjoy of pension, and grant, and nursing fee, and health gold and conscripts family preferential treatment gold,; (ii) retired personnel and meet national about provides of founding Qian participate in revolution work of retired old workers of nursing fee; (three) for public casualties of workers and dependent of immediate family enjoy of allowance, and nursing fee, and pension, and funeral; (four) child fee and in school students temporary difficult grant; (five) housing Provident Fund, and medical insurance,
    And the social security and manpower fee; (six) social organization and the and enjoy city Lo-treatment of personnel no maintenance, and raised or dependency relationship of personal give of 1000 Yuan following temporary rescue gold; (seven) Government issued of special allowance and one-time Award Gold, provincial above model workers retired Hou enjoy of honors allowance; (eight) city Lo-personnel re-employment Hou, Qian 3 months proceeds income; (nine) legal, and regulations and regulations provides other not should meter into of project.
    Tenth non-agricultural households in the city-free persons and composition of the non-agricultural households in the city, their monthly income, I left the city after the standard amount the remainder included other members of the family's monthly income.
    11th applications enjoy the benefits of the minimum living standard of the family's monthly income, in accordance with its 6 months prior to the application (application month) monthly calculation of income; cannot be calculated on a monthly income of a family, their gross monthly income on the annual income of the average value calculated. 12th article per capita months income below City Lo-standard of family, has following case one of of, not enjoy city Lo-treatment: (a) in employment age within has labor capacity of laid off, and unemployment, and jobless personnel, 2 times no due reason refused to accept career introduced institutions or subdistrict offices, and town government, and community labor guarantees work institutions, units introduced employment post of; (ii) for violation family planning legal regulations provides birth children not law paid social raised fee of; (three) family members drug, and gambling, and Alcohol and not repentance of; (four) family members in elementary and middle schools at their own expense school choice attended or in high charges kindergarten nursery of; (five) family members in high charges of University or Department, and professional school of; (six) per capita housing area beyond this city Shang annual city per capita housing using area standard 1 time times above of (family population insufficient 3 people of according to 3 people calculation); (seven) 2 years within acquisition or high-end decoration housing of (for demolition acquisition economic applies housing of except); (eight) has car, and motorcycle, and
    Air conditioning, premium pet non-essential consumer goods; (IX) 1 year new color TV sets, refrigerators, stereos and other items of more than 1000 Yuan worth of household appliances and furniture, (10) daily consumption level was significantly higher than that of urban standard of living (11) acts such as investing in stocks.
    13th residents apply for minimum living standard treatment should be based on the family unit, submit a written request to domicile neighborhood, fill in the application form for the subsistence allowances for urban residents in Harbin, and provide related proof materials.
    Applicants providing false evidence, the application no longer be admissible within 1 year. 14th article neighborhood on enjoy city Lo-treatment of application should be registration, and since received application and related proved material of day up 12th within, according to following provides for survey and trial: (a) Organization 3 name above (containing 3 name) city Lo-staff households survey; (ii) neighborhood city Lo-comments Group on applicants whether meet enjoy city Lo-treatment conditions for collective comments; (three) by comments think meet enjoy city Lo-treatment conditions of, will its family members employment, and
    Earnings situation and review the results, at the community bulletin board or ease of supervision by the masses, eye-catching notice-public notice 5th; think enjoy the benefits of the minimum living standard conditions are not met, materials and review the results of the investigation reported to the street or town Governments; (iv) after publication of the relevant investigation, deliberation results public and report streets or town government. Inconsistent residence and domicile of the applicant, may extend the trial period of the neighborhood, but not longer than 10th.
    Neighborhood of residence of the applicant is obliged to cope with household surveys to understand the situation of the neighborhood and certified materials.
    15th neighborhood committees shall establish public supervision organizations in representatives from amongst the people, perfect the supervision mechanism of the minimum living standard, regular public urban basic living allowances, as well as a list of recipients of the minimum living standard amount, accept supervision by the masses.
    16th article subdistrict offices or town Government should since received neighborhood reported of enjoy city Lo-treatment written application, and about survey material, and comments results and publicity situation, of day up 10th within, according to following provides for verification and review: (a) subdistrict offices or town government city Lo-review group organization 2 name above (containing 2 name) staff for households verification; (ii) subdistrict offices or town government city Lo-review group according to verification situation for collective review;
    (C) the review believed to enjoy minimum living standard treatment conditions, will result in the ease of supervision by the masses, eye-catching notice-public notice 5th; think enjoy the benefits of the minimum living standard conditions are not met, the relevant verification materials and the results reported to the District Civil Affairs Department; (iv) after publication of the relevant verification materials, review results and Department district offices of the public report.
    Street or town Government can directly accept has not set up new community neighborhood residents enjoy the benefits of the minimum living standard to apply.
    17th article district home sector should since received subdistrict offices or town Government reported of enjoy city Lo-treatment written application, and about verification material, and review results and publicity situation, of day up 8th within, according to following provides for approval: (a) organization personnel for audit and households checks; (ii) on meet enjoy city Lo-treatment conditions of family, issued city residents minimum life guarantees card (following referred to low guarantee) and received city Lo-gold of passbook;
    (C) the family to enjoy the benefits of the minimum living standard conditions are not met, will not be guaranteed delegate neighborhood of the notice served on the applicant and state the reasons. Article 18th migration within the household registration in urban areas enjoy the benefits of the minimum living standard personnel shall within 30th household registration of the completion of the migration, in accordance with the following provisions of the low assurance change procedures:

    (A) by I (or its family members, with) will low guarantee make back household moved out to belongs home sector, household moved out to belongs home sector will its city Lo-archives copies make its I and issued proved; (ii) by I will City Lo-archives copies and proved make household moved to belongs neighborhood; (three) household moved to belongs neighborhood in 3rd within for survey verified, situation true of, reported belongs subdistrict offices or town government verified Hou,
    District Civil Affairs Department within the 30th for change, low assurance will be issued.
    In this area of migration within the household registration, by the holder of the guarantee Department district offices of the household register to handle the change.
    Handle the low assurance procedures change during the minimum living standard of gold to continue giving.
    Fails to go through the change procedures to suspend the enjoy the benefits of the minimum living standard.
    Enjoy the benefits of the minimum living standard household to move out of the city's personnel, shall promptly return to their respective District of the low assurance sectors, by the respective district departments enjoy the benefits of the minimum living standard cancellation procedures. 19th article on enjoy city Lo-treatment of family according to following provides for classification management, and approved its enjoy corresponding of city Lo-treatment: (a) a, class family for family members no life source, and no labor capacity and cannot set maintenance people, and raised people or dependency people of family, according to city Lo-standard full enjoy; (ii) b class family for no labor (for nursing family in the of bed patients and long-term cannot employment of has labor capacity personnel considered no labor, with) and no income of family,
    According to city Lo-standard full enjoy; (three) c class family for no labor, and income only has survivors subventions, and maintenance, and raised fee or dependency fee of family, according to city Lo-standard difference enjoy; (four) d class family for no labor, and income has except survivors subventions, and maintenance, and raised fee or dependency fee yiwai other income of family, according to city Lo-standard difference enjoy; (five) e class family for has labor of family, according to city Lo-standard difference enjoy.
    20th special populations to enjoy the benefits of the minimum living standard, should be added with a certain amount of the minimum living standard allowance, amount together with the municipal financial Department by the public service are measured on a regular basis, submitted to the municipal people's Government announced after the execution.
    21st to enjoy minimum living standard treatment personnel, in accordance with the relevant regulations of the following social assistance: (a) the stage of compulsory education in public schools, qualifies for payment of fees.
    (B) in urban low-income persons medical assistance hospitals for medical treatment, enjoy basic medical care or medical assistance.
    (C) complies with the relevant requirements may apply for low rent housing.
    (D) the legal rights and interests are infringed upon, by the relevant bodies to provide legal aid.
    Units, to enjoy the benefits of the minimum living standard personnel, shall, in accordance with the relevant provisions in the employment, self-employed, heating, water, electricity, gas, demolition, etc, support and care.
    Issued 22nd city Lo-Fi gold socialized, passbook people enjoy the benefits of the minimum living standard to specify the Bank receiving the minimum living standard of gold.
    Article 23rd neighborhood, neighborhood offices or family of the town people's Governments shall enjoy the benefits of the minimum living standard quarterly review and spot checks at any time, district departments should spot check on a quarterly basis, in family income changes, in accordance with the prescribed procedures in time increase or decrease or terminate to enjoy minimum living standard treatment procedures and posted.
    Article 24th of labour and social security, civil affairs and other departments will be expected to enjoy the benefits of the minimum living standard personnel placement and associated personnel enjoy minimum living standard of timely communication with each other.
    Industrial economic management should be employed for more than 6 months in a row (including 6 months) do not receive or have not been paid in full, or subsistence production, running at half capacity, long-term loss-making enterprises list, in time for the civil affairs departments at the same level, involve the minimum living standard of information sharing.
    25th units or individuals shall coordinate with the departments of Civil Affairs, street or town Governments, and neighborhood committees, to conduct investigations into enjoying or applying for enjoy the benefits of the minimum living standard, provide relevant information, not making false statements on or concealing, or issuing false certificates. Article 26th city Lo treatment staff shall fulfil the following obligations: (a) proactive domicile neighborhood report changes in household income, received for review and checks.
    Residence and domicile are inconsistent, reported 1 times per month to the family income, and so on.
    (B) is able to work in the age of admission to employment, active employment or acceptance of labor and social security agencies work, every 3 months by domicile neighborhood to neighborhood Office or town government units provided proof of employment status and employment situation report.
    (C) is able to work in the age of admission to employment, but employment, monthly household neighborhood, street or town government organization public 8-12 hours of work shall not be replaced by others. Non-active report changes in household income and so on, suspend their minimum living standard treatment.
    3 times without good reason refused to participate in pro bono work, cancel their minimum living standard treatment.
    To enjoy the benefits of the minimum living standard personnel refused to work in the public, may not charge any fees to do. 27th article engaged in city Lo-management work of personnel has following behavior one of of, by its where units or superior competent sector give criticism education or administrative sanctions; constitute crime of, law held criminal: (a) on meet enjoy city Lo-treatment conditions of family refused to signed agreed enjoy city Lo-treatment views of, or on not meet enjoy city Lo-treatment conditions of family deliberately signed agreed enjoy city Lo-treatment views of; (ii) corruption, and misappropriated, and withheld, and deduction, and
    Outstanding minimum living standard, and (iii) not according to approved procedures under the minimum living standard (iv) dereliction of duty, abuse of power, favoritism, bribery, influence the minimum living standard normal, adverse social effects, and (v) issued false certificates of materials (vi) to enjoy the benefits of the minimum living standard personnel do the charges. 28th article enjoy city Lo-treatment of personnel has following behavior one of of, by District home sector give criticism education or warning, recovered its cheat or impersonator of city Lo-paragraph real; plot bad of, sentenced cheat or impersonator city Lo-paragraph real total amount of 1 time times above 3 times times following fine: (a) take false, and hide family actual income or issued false proved, means, cheat enjoy city Lo-treatment of; (ii) in enjoy city Lo-treatment during family income situation improved,
    Is not required to inform management and approval authorities or commissioned management organization, to continue to enjoy the benefits of the minimum living standard.
    29th interrupt, destroy cities Lo-Fi work orders, threats, insults, beat the minimum living standard of management staff, the public security departments according to law on public security administration punishments constitutes a crime, criminal responsibility shall be investigated according to law.
    30th of the Home Affairs Department's urban residents do not approve to enjoy minimum living standard treatment or hair reduction, suspension of decision of a minimum living standard, or given administrative punishment is dissatisfied, he may apply for administrative reconsideration; the Administration still is not satisfied with the reconsideration decision, you can file an administrative lawsuit in accordance with law.
    31st applications enjoy the benefits of the minimum living standard of the family members of the various types of income calculation standards, shall provide relevant documents, such as regulations, shall be separately formulated by the public service.
    32nd article this city within the administrative area of County (City) of subsistence allowances for urban residents, can be performed in accordance with the measures. 33rd article this way come into force on September 1, 2007.
                      Harbin municipal people's Government on December 23, 1999 in Harbin urban resident's minimum living guarantees, and released on April 26, 2001, the Harbin municipal people's Government on changes of subsistence allowances for urban residents in Harbin city decided to approach be abrogated.