Shanxi Province, To Protect The Legitimate Rights And Interests Of Persons With Disabilities Regulations

Original Language Title: 山西省保障残疾人合法权益规定

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(December 12, 2006 90th meeting of the people's Government of Shanxi province consider December 23, 2006 196th promulgated by the people's Government of Shanxi province as of February 1, 2007) Chapter I General provisions article in order to safeguard the legitimate rights and interests of persons with disabilities, and promote the comprehensive development of persons with disabilities, in accordance with the People's Republic of China Law on the protection of persons with disabilities Shanxi province, and the implementation of People's Republic of China measures for the protection of disabled persons Act, combined with the facts of the province, these provisions are formulated.
    Article holding the People's Republic of China certificate for persons with disabilities persons with disabilities, household registration in the administrative area of the province, these provisions apply; residence is not within the administrative area of the province, by the provisions of the relevant regulations.
    People's Governments at all levels are responsible for organizing the implementation of the provisions of article III.
    Governments at all levels to work of the disabled body, responsible for organizing, coordinating, directing, and urge the relevant departments to work of persons with disabilities.
    Competent administrative departments of people's Governments at above county level shall, within their respective areas of responsibility in the work well done according to law for persons with disabilities.
    Disabled persons ' Federation, entrusted by the people's Governments at the same level to supervise the implementation of this provision.
    Article at all levels shall support and guarantee the development of persons with disabilities, requirements should be included in the budget, and with the economic development, increased; in issuing public lottery to raise this level retention arrangement a certain percentage each year for developing undertakings for disabled persons.
    Citizens article advocates the people's Governments at all levels, arrangements for some time, working days as a volunteer, helped handicap residual activity.
    The people's Governments above the county level shall safeguard the legitimate rights and interests of persons with disabilities to make outstanding contributions to the units and individuals to be commended and rewarded.
    Chapter II prevention and rehabilitation sixth relevant departments of the people's Governments above the county level shall strengthen leadership on disability prevention, advocacy, knowledge of universal prenatal and postnatal care and prevention of disabilities, to take measures to prevent due to heredity, illness, drug intoxication, accidents, disasters, environmental pollution and other factors have contributed to the onset of disability.
    Seventh people's Governments above the county level shall proceed from reality, construction to specialized rehabilitation institutions as the backbone, community based, family socialized rehabilitation service system on the basis of, comprehensive and effective rehabilitation services for persons with disabilities.
    Eighth people's Governments above the county level people's Governments at various levels and departments concerned, the Federation of persons with disabilities should be combined with the needs of people with disabilities, rehabilitation plan and organize forces for implementation.
    Governments at all levels and relevant departments of the people's Governments above the county level shall have plans to set up rehabilitation medicine department in public hospitals (rooms), the Organization of specialized rehabilitation institutions for the handicapped, and to encourage and support social forces to set up rehabilitation institutions for the handicapped, rehabilitation and training, disease prevention, training of personnel, technical guidance, research and so on.
    People's Governments at all levels and relevant departments of the people's Governments above the county level shall organize and direct community service networks, health care networks, organizations of persons with disabilities, people with families and other social forces, carry out rehabilitation work.
    Departments of education, welfare enterprises and institutions and other service providers for persons with disabilities, should create conditions for rehabilitation training activities.
    Under the professional guidance of persons with disabilities and related staff, volunteers, and with the help of relatives, features, abilities and work skills training.
    Nineth article levels various medical health institutions, on medical of disabled, from received outpatient clinic fee; does needed do CT, and MRI, and color more general Le, large equipment check Shi, according to provides charges standard reduced 10%; on hospital and the surgery treatment who, Hospital 15 days within bed fee according to provides charges standard reduced 10%, 15 days above reduced 5%, surgery and the anesthesia the reduced 10%; women for pregnancy and for check Shi, from received prenatal check fee.
    Tenth levels of people's Governments and relevant departments of the people's Governments above the county level shall be persons with disabilities into the scope of new-style rural cooperative medical care in rural areas, volunteered to participate in the new rural cooperative medical system in poverty of persons with disabilities, personal payment of new rural cooperative medical expenses shall be borne by the Hukou County Government.
    Work with persons with disabilities participating in basic medical insurance, and in line with the relevant provisions in the area of payment; persons with disabilities in employment in a flexible manner, in line with the flexible approach of insured employment in the area of participation in basic medical insurance. 11th civil administrative departments at all levels should meet the criteria of poverty of persons with disabilities into the rural cooperative medical care system.
    Any of the following circumstances, of which I am to the domicile district administrative authority a written application, according to the local government urban and rural medical assistance means aid.
    (A) no work units that are not participating in basic medical insurance of persons with disabilities to enjoy the low, (ii) after participating in new rural cooperative medical care, because of heavy personal burden affecting the lives of families of persons with disabilities; (iii) after participating in basic medical insurance for urban workers, due to heavy personal burden affecting the lives of families of persons with disabilities.
    12th people's Governments above the county level can help persons with disabilities handicap, hearing rehabilitation projects included public funds from coverage.
    13th disabled persons ' Federation at all levels through community fundraising, individual donors and other channels to benefit the project on rehabilitation of persons with disabilities.
    14th people's Governments at various levels shall be persons with disabilities chapter education education as important components of national education, planning and scientific arrangement, guarantee the rights of persons with disabilities and their children's education. 15th all types of pre-school education in kindergartens and preschools should guarantee children with disabilities.
    Health-care institutions, pre-school institutions for children with disabilities, children with disabilities should be early detection, early rehabilitation and early education provides advice and guidance.
    16th ordinary senior middle schools, secondary specialized, technical schools, colleges, adult education institutions should recruit candidates with disabilities meet the admission standards set by the State school, shall not refuse to admit her due to the disability.
    17th people's Governments above the county level shall be established by law for persons with disabilities special subsidies for education.
    All types of educational institutions receive pre-school education, compulsory education of disabled students in urban and rural areas and impoverished disabled children should be exempt from tuition and fees, textbook fees, and appropriate living allowances.
    Costs provided for in the preceding paragraph, is non-compulsory education and private education institutions, can give appropriate subsidies from the employment security fund of disabled persons.
    Article 18th Governments at all levels should include the construction of special education schools in education development master plan.
    Provincial development of higher special education as needed; district municipal people's Government according to the needs of persons with disabilities senior secondary special schools (classes), a population of over 300,000 people's Governments above the county level shall create or rebuild a private special education school, county-level people's Governments shall establish the conditions for persons with disabilities special education schools (classes). 19th people's Governments at various levels should enhance the education of the vocational skills of persons with disabilities.
    Senior secondary special education school (College and professional), the normal school (College) set up in special education classes and vocational and technical educational institutions for the disabled, to qualified persons with disabilities or above senior middle school education at the same time, strengthen the vocational and technical education.
    20th above county level people's Governments and their competent authorities should set up vocational education and training institutions for the handicapped, relevant skills training for different categories of persons with disabilities.
    Article 21st of labour and social security, educational administrative departments and disabled persons ' federations should have plans to develop vocational and technical education and vocational training for persons with disabilities.
    Disabled unit disabled employees should be compatible with the characteristics of culture and vocational and technical education, encourage self-taught.
    22nd competent Department of education administration under the people's Governments above the county level shall, in conjunction with radio and television sectors, according to the actual situation set up or broadcast professional, suitable for persons with disabilities learning courses.
    23rd article engaged in special education of faculty, and with class attended teachers and sign language translation, enjoy special education allowance, continuous in special education work post Shang work full 15 years above, and in this post Shang retired of, retired Hou retained special education allowance; braille translation and after sign language training and made certificate book of disabled workers, enjoy wage income 15% of special allowance, engaged in disabled work full 15 years above, and in this post Shang retired of, retired Hou retained special allowance.
    Otherwise provided for by laws, regulations and national policies, from its provisions.
    24th administrative departments of people's Governments above the county level education should be paid in full and in accordance with the provisions of special education funding, and with the economic development is increasing.
    25th levels of education administrative departments and special education schools should strengthen the education and management of students with disabilities, and to protect their personal property and the various rights and interests from being infringed.
    Fourth chapter employment 26th people's Governments at all levels should be on employment and manpower planning, in accordance with the stability and welfare enterprises and supporting individual employment, strengthen the proportional employment of persons with disabilities policy, adopt preferential policies and support measures to enable persons with disabilities employment and gradually spread, stable and reasonable.
    27th people's Governments above the county level shall belong to the labour market and the job market should set up employment for persons with disabilities special window, positive recommendations to the employer of persons with disabilities, unemployed and waive the escrow fee personnel and personnel of persons with disabilities; the employer in personnel recruitment shall not refuse to receive in accordance with the conditions of employment of persons with disabilities.
    28th article of township (town) people's Government and the subdistrict office within the jurisdiction of public welfare position shall give priority to fit the post requirements of persons with disabilities. 29th the employer to arrange employment for persons with disabilities shall enter into labor contracts with employees with disabilities; disability wages in full and on time, and pay old-age, medical, unemployment, work injury and maternity insurance fee; disabled employees for contract expiration to give priority to renew the contract.

    Due to difficulties in production and operation of the employer, when economic cuts, there is generally no reduction of employees with disabilities; Enterprise reorganization and restructuring, avoiding arrange disabled workers; business due to merger or bankruptcy, absolutely necessary to arrange disabled workers were laid off, should seek the views of trade unions, and in accordance with State regulations to "preferential reemployment certificate" to protect their re-employment support policies. Any employer shall not terminate for no reason and labor relations of employees with disabilities.
    Required rescission or termination of labor relations of employees with disabilities, it shall first consult the trade unions and the County Federation of persons with disabilities.
    Otherwise provided by laws and regulations, from its provisions.
    30th article of the provincial administrative organs, public organizations, enterprises, institutions and other economic organizations, Shanxi province in proportion to arrange employment for persons with disabilities shall be in accordance with the provisions of the disabled persons employment or pay employment benefits.
    31st article paid disabled employment guarantees gold of amounts by County above disabled Federation approved, according to following way levy, and withholding: (a) not arrangements disabled employment and arrangements disabled employment up not to provides proportion of State-owned enterprise (including Central subordinates enterprise, and outside provinces standing Jin enterprise), and collective enterprise, and foreign investment enterprise, and private enterprise and the other enterprise, should paid of disabled employment guarantees gold, by place tax sector levy;
    (B) registered in industrial and commercial administration departments of individual economic organizations and individual industrial and commercial households, shall pay the employment security fund for the disabled, collected by the industrial and commercial administrative departments; (iii) the full allocation of organs, organizations, institutions and other units of the financial arrangements of public expenses, shall be paid by the disabled persons ' Federation, at the same level after the annual review employment insurance; is not paid, the Department of financial administration withheld.
    Is imposed by the employment security fund for the disabled, withholding, and accept supervision by the audit, financial administrative departments at the same level. 32nd people's Governments at various levels shall encourage and support the establishment of welfare enterprises, focus on arranging employment for persons with disabilities.
    Is able to work with mental disabilities, certified by the specialists can be engaged in those tasks assigned to it, and included in the proportion of disabled persons employment in welfare enterprises, tax authorities shall, in accordance with relevant regulations of the State relief and welfare business tax, income tax, VAT and other taxes.
    The people's Government above the county level for home, tax administrative departments should strengthen the supervision and management of welfare enterprises; disabled persons ' federations at various levels shall exercise supervision over security rights for workers with disabilities in welfare enterprises.
    Article 33rd applies to engage in the business of people with disabilities, should give priority to business license issued by the Administrative Department for industry and commerce, as prescribed by the State fee waiver; Department of tax administration should be in accordance with the relevant provisions of the State tax credit.
    Article 34th, disabled persons Federation of trade unions at all levels should help labour and social security administrative departments to strengthen supervision and inspection of the employment of persons with disabilities.
    The fifth chapter 35th people's Governments at various levels should be combined with the cultural life of persons with disabilities in different characteristics and needs, organizing various cultural and sports activities to meet the spiritual and cultural needs of persons with disabilities.
    Public cultural and sports institutions and places for persons with disabilities should be involved in cultural, sports, recreational activities, facilitating and preferential service. 36th article levels Government and social organization should take following measures, meet disabled of spirit culture needs: (a) through broadcast, and movie, and TV, and newspaper, and books, and network, form, reflect disabled life, for disabled service; (ii) has conditions of County (city, and district) and set district of city level above public library established Braille and the blind audio books library; television opened sign language program, public TV added distribution subtitles; (three) levels radio opened disabled topic column. Public media free published, and broadcast reflect disabled career of public advertising; (four) Organization and support disabled carried out mass culture, and sports, and entertainment activities, held disabled art performances and disabled games, participate in national and international sports events; (five) Park, and Zoo, and martyrs cemetery, and tourist area (points), and cultural centers, and Gallery, and Museum, and culture activities center, and technology activities center, and theaters, and sports venues, public culture and sports places, on visit tour of disabled, and
    Seriously disabled persons 1 to 2 accompanying staff free of charge.
    37th people's Governments above the county level shall issue a sports lottery to raise levels of retention, handicap arrangements not less than 15% per year of public funding for sport, for use in disabled sports.
    Article 38th disabled sports money should be used for the following projects: (a) participate in sports funding, (ii) sport training grants (iii) renovation of sports venues and facilities and (d) supporting community sports of disabled persons, (v) other expenditures on behalf of disabled sports. 39th disabled project, financial and administrative departments shall first seek the views of Federation organizations.
    Public use of disabled sports funds shall be subject to the supervision of the audit, the competent financial administrative departments at.
    40th levels of people's Governments in culture, education, science and sports, have made outstanding contributions in the field of recognition and reward for persons with disabilities, and placement of appropriate work.
    Social security 41st in the sixth chapter in the people's Governments at various levels in the establishment of a sound social security system, should be given special support and care of persons with disabilities and guarantee their basic living. 42nd article levels Government should on following disabled take guarantees measures: (a) on cannot employment of heavy degrees disabled, and a households more residual, SHC disabled, in original enjoy minimum life guarantees gold of based Shang, according to classification rescue of principles, should according to provides of proportion, appropriate improve minimum life guarantees gold of standard; (ii) on no labor capacity, and no life source and cannot set maintenance, and raised, and dependency obligations people, or its statutory maintenance, and raised, and dependency obligations people no maintenance, and raised, and dependency capacity of disabled,
    Giving support, relief is adoption of intellectual and psychiatric disabilities.
    (C) for urban vagrants and beggars with no persons with disabilities, social assistance agencies should aid in a timely manner. 43rd at all levels shall support disabled people who have the ability to work out of poverty in rural areas should be included in the development plan, give them priority in projects and funding arrangements.
    In small towns, relocation and offsite in the implementation of poverty alleviation projects, giving priority to poverty of persons with disabilities.
    44th the people's Governments above the county level shall agricultural and financial administrative departments in the focus of financial aid funds to support the implementation process of the project, the poverty of persons with disabilities should be able to work as a key object, arranging financial aid funds, earmarked for planting, aquaculture development, founder of demonstration bases for poverty alleviation of persons with disabilities.
    Federation of persons with disabilities for people with disabilities is above county level of earmarked funds for poverty alleviation, finance should be protected at the same level.
    Article 45th ABC should provide preferential conditions for rehabilitation and poverty alleviation loan to improve rehabilitation and poverty alleviation loan rate.
    46th people's Governments above the county level shall arrange special funds, improve the living conditions of poor disabled people in rural areas.
    People's Governments at all levels to meet the Government's low-rent housing conditions of urban poor families of persons with disabilities, should all be included in the scope of Government low-rent housing system; the poor disabled families in especially difficult, should give priority to the physical distribution to rent.
    47th levels of people's Governments shall develop Welfare Fund for the handicapped.
    District administrative authorities in the community to raise the people's Governments above the county level should increase support and assistance to poor persons with disabilities and their families. 48th people's Governments above the county level should focus on developing undertakings for disabled persons.
    This level shall be raised from the issuance of welfare lottery in retention, handicap arrangements not less than 15% per year of public money earmarked for developing undertakings for disabled persons. 49th article public handicap funds should for following project: (a) disabled rehabilitation, and disability prevention, and disabled supplies appliances supply service and rehabilitation technology training, grants; (ii) disabled higher education, and vocational education and disability school children grants; (three) disabled employment service, and disabled career skills training, and disabled employment service institutions and support disabled employment, grants; (four) rural poverty disabled practical technology training and SHC disabled of life rescue, grants; (five) disabled special art activities
    Base construction of sports subsidies, sports for the disabled and persons with disabilities; (vi) comprehensive disabled facilities construction grants, equipment grants and equipment; (VII) legal aid financial assistance of persons with disabilities; (VIII) other expenditures on disability. 50th disabled item, finance, civil affairs executive departments shall seek views of Federation organizations.
    Use of handicap public funds shall be subject to the supervision of the audit, the competent financial administrative departments at.
    51st relevant departments of the people's Governments above the county level and for the rehabilitation of the disabled, education, labour and employment, products for supplying services and other infrastructure construction projects, urban infrastructure supporting fees exemption.
    52nd one partner is the residency of persons with disabilities, life difficulties, need to party towns in the countryside to take care of, as well as widows and disabled people to take refuge in urban immediate family lives in rural areas, priority should be given for it to carry out the procedures of public security organs, and relief costs.
    53rd competent administrative departments of people's Governments above the county level broadcast TV on the family members of people who are blind or deaf people double household, or family members of the deaf and blind and difficult family, free cable TV installation fee, levied charges.
    54th to encourage public services to people with families living in difficult, telephone bills, gas bills, water charges, electricity charges and other costs of relief care. 55th County-level and township-level people's Governments shall, in accordance with specific social burden relief for families of persons with disabilities in rural areas.

    56th blind and physically disabled people free travel on local bus, tram, light rail, subways and ferries.
    57th legal services should be provided to persons with disabilities priority, preferential, quality legal services and assistance, and below the county level to establish the maintenance of legitimate rights and interests of grass-roots human rights organizations of persons with disabilities.
    58th legal aid institution shall, in accordance with the relevant provisions of article without compensation for inability to pay legal costs of legal services and assistance to people with disabilities.
    59th levels of people's Governments at the seventh chapter of barrier-free environment for barrier-free facilities construction of barrier-free planning and the exchange of information, coordination, leadership and management.
    60th organization of the people's Governments above the county level should establish coordination bodies, strengthening the construction of barrier-free facilities, coordination, guidance and supervision of the organization.
    61st new construction, renovation or expansion of urban roads and public buildings, residential building, residential building, specialized services for persons with disabilities (structure) and supporting facilities, such as construction projects, shall, in accordance with the implementation of barrier-free design standard of urban roads and buildings.
    62nd construction administrative departments of the people's Governments above the county level shall be responsible for barrier-free facilities construction and supervision over the use of management, development and reform, finance, planning, administration, municipal administration, public security, transportation and other sectors within the scope of their respective duties, barrier-free facilities construction.
    63rd construction administrative departments of the people's Governments above the county level shall prepare construction of barrier-free facilities planning, should seek the views of disabled persons ' federations at the same level.
    64th new construction, renovation or expansion of barrier-free facilities construction projects construction units shall be in accordance with the standards, and construction project designed, built, and acceptance.
    65th rural persons with disabilities when the housing application for housing construction, the approval authorities should be increased the land area required for barrier-free facilities.
    66th employer based on the actual step by step reform of barrier-free facilities in the workplace for persons with disabilities. 67th people's Governments at various levels shall take measures to ensure exchange of information accessible.
    Through television sign language, subtitling, and Government Web sites barrier-free design, promotion of sign language, to provide sign language interpreters, to communicate in written English assistance to achieve the exchange of information accessibility.
    68th stop (save) sites should be established to facilitate handicapped vehicle park location, and waive the storage charges.
    69th eighth chapter legal liability for breach of the provisions of article Nineth medical institutions above the county level by the Administrative Department of public health fined 500 Yuan more than 5000 Yuan fine.
    70th under any of the following circumstances, the construction administrative departments of the people's Governments above the county level shall order correction within individuals and between 2000 Yuan and 200 Yuan, units and a fine of less than 500 Yuan more than 5000 Yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) not required construction of barrier-free facilities, (ii) with the intent to damage the barrier-free facilities, (iii) illegal appropriation of barrier-free facilities, and (iv) without changing the use of barrier-free facilities.
    The preceding paragraph (b), (c), (d) provision of administrative punishment, has been implementing the power of relatively concentrated administrative punishment, by implementing the power of relatively concentrated administrative punishment punishment of comprehensive urban management enforcement agencies.
    Otherwise provided by laws and regulations, from its provisions.
    71st the employer deducted or outstanding disabled employees salary, not paid disability social security fees and termination without cause and labor relations of employees with disabilities, labour and social security administrative departments of the people's Governments above the county level rectification; refused to correct, in accordance with the provisions of the relevant laws, rules and regulations will be punished.
    72nd in violation of the relevant provisions of article tenth, 11th, granted by the relevant superior administrative departments of the people's Government criticized, shall order rectification refuses, the directly responsible person in charge and directly responsible shall be given administrative sanctions.
    73rd under any of the following circumstances, by the Department of education administration under the people's Governments above the county level rectification; fails to change, are directly responsible for the charge and directly responsible shall be given administrative sanctions.
    (A) education institutions refused to received meet admitted standard of disability students entrance of; (ii) education institutions not by provides relief disability students and the poverty disabled children about costs of; (three) education institutions additional additional conditions limit disability students School of; (four) education institutions discrimination disability students of; (five) in education institutions within, disability students personal property and the the interests by against of.
    74th above the county level shall request the relevant Administrative Department of the Federation of disabled persons for violation of the provisions of the relevant provisions, violating the legitimate rights and interests of persons with disabilities or individuals, penalties or administrative sanctions.
    In the 75th national staff working in the disability abuse of power, negligence, malpractice, and does not constitute a crime, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    Nineth chapter supplementary articles article 76th of the Shanxi province in proportion to arrange employment of persons with disabilities regulations inconsistent with this provision, in accordance with this regulation.
                                                                                                                            77th these provisions come into force on February 1, 2007.