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Subsistence Allowances For Rural Residents In Hainan Province Approaches

Original Language Title: 海南省农村居民最低生活保障办法

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(Adopted at the 94th ordinary meeting of the People's Government of the Southern Province, held on 7 August 2006, by Decree No. 206 of 25 August 2006 of the People's Government of the South Province, which was published as effective 1 October 2006)

Article 1, in order to guarantee the basic lives of rural hardship residents, to preserve social stability, to promote rural and urban coordination and social progress, and to develop this approach in line with the relevant national provisions.
Article 2 is a rural resident who holds the agricultural household of the province, whose income is less than the minimum standard of living for the rural population as determined by the municipalities, districts and self-government, and has the right to obtain basic material assistance from the local people's Government.
The family members who live together in the previous paragraph refer to family members who have statutory maintenance, dependency and dependency relations and live together. The family members living in common life are one of the following acts, and they are not entitled to the minimum standard of living for the rural population:
(i) There is a labour capacity that does not justify the removal of land, mountain forests and water ponds;
(ii) No real declaration of family income or refusal to verify, as prescribed;
(iii) Drug abuse, cascabo, and the exploitation;
(iv) In contravention of family planning;
(v) Other cases provided for by law, regulations.
Article 3. Minimum living security systems for rural residents are governed by territorial management and dynamic management, upholding the principles of low standards, coverage and openness, equity and justice.
Article IV. The provincial civil affairs sector is responsible for providing guidance, inspection, supervision, etc. for the minimum living security of rural residents throughout the province.
The municipal, district and self-government sectors are responsible for the management of approval, issuance, etc., for the minimum living security of rural residents in the present administration.
Town governments, street offices are responsible for management such as verification of the minimum living security of rural residents in the Territory.
The Village (HL) Commission is entrusted by the municipal, district, self-government, town and street offices to assume the management and service of the minimum living security of the rural population.
The relevant authorities at all levels are able to provide rural residents with the minimum livelihood security within their respective responsibilities.
Article 5 The specific subsidy approach and the amount are provided by the provincial civil affairs, the financial sector, with the approval of the provincial government.
The municipal, district and self-government sectors should be included in the annual budget of the current Government, in accordance with the minimum cost of living security for rural residents in the current administrative region, in the next year, in accordance with the financial sector.
Article 6. Minimum living security standards for rural residents are determined and adjusted in accordance with local economic development and financial conditions, but no less than $60 per person per month.
Article 7. Rural residents do not have the source of life, without the labour capacity to determine their dependants, dependants or dependants, and are fully entitled in accordance with the local minimum living standards.
Household income is less than the local minimum standard of living, but there is a certain income that is enjoyed in accordance with the local minimum standard of living.
Article 8
(i) The cultivation income of family members, raising income and labour income;
(ii) Maintenance, maintenance, inheritance or acceptance of property earned;
(iii) Rental income;
(iv) Income from interest, dividends, etc.;
(v) Other personal income.
In-kind income is taken into account in accordance with market prices.
The income of the household should be calculated on the basis of the average number of family members living in common life, but the number of people who are in conflict with the law is not calculated.
Article 9. The following income is not included in the income of the family:
(i) Pensions, grants, benefits, scholarships;
(ii) Removal expenses, demobilization expenses;
(iii) A one-time bonuses, comforts granted by the Government and its departments at the district level;
(iv) Medical aid and funeral fees;
(v) Other income determined by the civil affairs sector.
Article 10 applies to the minimum living security of the rural population, according to the following provisions:
(i) The rural population submits written requests to the National Commission for the Village of the House of Commons.
(ii) Within five days from the date of receipt of the request, the Village (HLN) Commission has published the list of applicants by the household, which is completed by the applicant with the Minimum Living Guarantee Approval List, and the Village (NL) Commission verified and signed its observations, reprinted the applicant's household or family members' resident identification cards, actual income certificates for family members, etc., and sent to the town or street office for verification.
(iii) The Government of the town or the street office completes the verification process in the form of a household reconciliation, within 15 working days from the date of receipt of the submissions, and expresses its views with regard to persons entitled to the minimum living security of the rural population, and prepares the civil affairs sector of the rural population on the Roster of the Minimum Living Guaranteed Persons.
(iv) The local, district, self-governing district civil affairs sector has completed the clearance process within 10 working days of the date of receipt of the clearance material from the town or the street offices. In accordance with the minimum standard of living for rural residents, five days are shown in the National Commission of the applicant's village (HLM). The civil affairs sector should be checked without objection. The applicant should be informed in writing and the reasons for not meeting the minimum standard of living for the rural population.
Article 11. Minimum living guarantees for rural residents shall be granted from the municipal, district and self-government sectors for the month and be released in cash form.
The minimum living guarantees for rural residents can be delivered through rural credit cooperatives, banks and mails.
Article 12 residents who have received minimum living guarantees for the rural population, who are moved across municipalities and counties within the province, shall be granted to the municipalities, districts' civil affairs departments that enjoy the minimum living guarantees of the rural population, and the need for re-appropriation of the minimum living security treatment of the rural population, in accordance with the provisions of this approach, to deal with the appropriate procedures for relocation.
Article 13 communes and street offices verify each year for those who have no means of life, who have no labour capacity, and who cannot afford to the dependants, dependants or dependants.
Changes in the status of the guaranteed household population or household income require improved, lowering its guaranteed amount or ending the minimum living security of its rural population, which should be carried out in accordance with the original approval process; and termination of the minimum living security treatment of its rural inhabitants should be cancelled.
Article 14. The municipal, district, self-government sector, the town government, the street office, the Village (NL) National Commission should establish a minimum living security file for rural residents and be managed by specialized personnel, where computers should be gradually used.
Sections such as civil affairs, finance, audit, inspection should monitor the issuance, use and management of funds for the minimum living security of rural residents, in accordance with their respective responsibilities.
Article 16 provides for the minimum living security of rural residents by means of misstatements, concealment of household incomes, forfeiture of documentation, and is criticized by the municipal, district, autonomous and territorial civil affairs departments, the elimination of the minimum living security of their rural inhabitants and the recovery of the guaranteed amount received.
Article 17 staff members of State organs are criticized for education or administrative disposition, as appropriate, in the issuance, use, management of funds that are subject to minimum living guarantees for rural residents; and in accordance with the law:
(i) Reimbursement of the standards of protection and security;
(ii) Corruption, misappropriation, interception, seizure and default on minimum living guarantees for rural residents;
(iii) Toys negligence and other acts of abuse.
Article 18
Article 19 parties may apply to administrative review or administrative proceedings in accordance with the law for failure to grant their minimum living guarantees or to reduce and terminate the minimum living treatment of their rural residents.
The specific application of this approach is explained by the provincial civil affairs sector.