Key Benefits:
(Adopted at the 44th ordinary meeting of the Government of the Grand province, held on 18 June 2004, No. 18 of 25 June 2004 by the People's Government Order No. 18 of 25 June 2004 and published from 1 August 2004) Chapter I General Article 1, in order to maintain a safe production order for farmers, to guarantee the security of citizens' life, to deal correctly with a farmer accident, to defend the legitimate rights and interests of the parties, to establish this provision in the light of the relevant national laws, regulations and regulations. Article 2 deals with the handling of a farmer accident in this province. Article 3 is an accident involving collisions of agricultural machinery in the town of villages, fields, yards, operations or suspensions, spoilers, hidings, watersheds, fires, etc. Article IV above is the authorities responsible for the handling of farmer accidents in the current administration. The agro-industries of which they belong are specifically responsible for the handling of the accident. Article 5 Industrial accidents are dealt with by the ministrative body of the arsenal (market, area) in the area of accident. Major agricultural accidents, municipalities, state farmer institutions are to be represented; special large-scale farmer accidents; and provincial farmer institutions are to be represented. High-level agro-industries can deal with farmer accidents under the jurisdiction of the lower-level agricultural machine. Agricultural airfares causing physical injury and injury will be treated with local public safety authorities. Article 6. Chapter II Article 7. The accident of a farmer is divided into three categories of responsible accidents, accidental accidents and destructive accidents. (i) An accident of responsibility: a farmer driver, an operator in violation of the law, regulations and regulations relating to safe production and analyst safety operation, stating that the responsibility accident arises. (ii) Contingent accidents: accidents due to natural disasters, such as landslides, road traps, flooding, etc., or drivers are unable to resist or unpredictable objective causes. (iii) destructive accidents: accidents caused by intent and premeditation are destructive. Article 8. Farmer accidents are classified as minor accidents, general accidents, major accidents and special accidents at the level of harm. (i) A minor accident: one to two, or a direct economic loss of $500,000; (ii) General accidents: heavy injury to one to two or three to ten, or the direct economic loss of $50 million; (iii) Major accidents: death of one to two, or severe injury of three to ten, or more than ten, or direct economic losses of up to $200 million; (iv) Special accidents: more than three deaths, or more than ten persons, or more than 20,000 direct economic losses. Chapter III After an accident, the driver, the operator must immediately park, stop the machine, the parties and the person concerned must protect the ground, save the injured and property, and must be identified in the event of a mobile site object and promptly report on the local agroplant or public security authority to be processed. Drivers and garners of vehicles have been assisted in the maintenance of the on-site order, the rescue of the wounded, and have the obligation to report cases to the agro-industries or public security authorities, to provide evidence for the prosecution of the perpetrators. Article 10 After the incident reports received by the IGO, an exponenter should be immediately removed from the site to organize the rescue of the injured and property, to investigate the accident scenes, collect evidence and take measures to restore normal production order as soon as possible. Article 11. The parties shall not conceal the true situation of a farmer accident if they are to be presented to the agro-industries. Others have an obligation to provide information to agricultural institutions or public safety authorities. Article 12 Agricultural machinery, suspected vehicles and related documents of the parties may be temporarily detained in accordance with the needs of the inspection. The test should be returned immediately. Article 13: Agricultural machineries, goods, bodies, physical and mental conditions of the parties and the operating environment should be assigned to professionals in a timely manner, or to persons with expertise, for the purpose of testing the identification, and written conclusions should be made following the identification. Article 14. The owner of the accident and its units or agricultural machinery shall pay the funeral or medical expenses or may be paid by the agricultural institution for the payment of one of the parties designated by them, after the completion of the incident. The accident responsibilities refuse to pay or temporarily cannot be paid, and the agricultural machinery may temporarily detain the commission. Article 15. The event of a farmer accident escaped for all, and the funeral expenses of the injured person during the rescue period, the funeral expenses of the deceased were paid by its unit or by the family; the absence of a work unit was not a source of life and was granted social relief by the local Government; and the mandatory insurance for the third-party liability insurance for the insured person. Article 16 Medical units should be able to deal with the treatment of farmers' accidents in a timely manner and provide medical documents and diagnostic certificates to agricultural institutions. The burial service unit and the medical unit with the conditions of mortuaries, which determines the residual body to be stored by the institution. The agro-industries should assist the above-mentioned units in recovering the cost of treatment and the storage of bodies. Article 17, after testing, the body was informed by the Agricultural Agency that the families of the deceased were doing burial within 10 days. Until such time, the ADB drew attention to the law by the public security authorities to the extent that the cost of storage beyond the specified time was borne by the families of the deceased. Chapter IV The responsibility for accidents is divided into all responsibilities, primary responsibility, equal responsibility and secondary responsibility. It should be fully responsible for accidents due solely to the responsibility of one party. The main causes of the accident and the primary responsibility, as well as the responsibility of other parties, are the responsibility and responsibility. The same responsibility is vested with equal responsibility. Article 19, after the identification of the causes of the accident, the Agency shall determine the liability of the parties for accidents in accordance with the causal relationship between the breach of the parties and the accident. Article 20, after an accident, the parties fled for all or wilfully destroy, falsify the ground, destroy the evidence, renders the responsibility for the accident undetermined and should be fully responsible. Article 21, where a party has a conditionless report and has not been submitted in a timely manner, renders the accident responsibility unspecified and should be the primary responsibility or the full responsibility. The parties have the conditions for reporting and have not been submitted in a timely manner so that the responsibility for accidents cannot be determined and should be equally responsible. Article 22 found that the responsibility for analytic accident by the parties could be re-confirmed at the highest level, within 15 days of the receipt of a certificate of responsibility for an accident, and the decision to maintain, modify or withdraw should be taken within thirty days of the receipt of the re-identification of the application. The re-confirmation of the responsibility for analytic accident is final. The second article XIII, in the event of an accidental examination, investigation, identification and responsibilities, should be avoided in the event of an accidental examination, investigation, identification and responsibilities. Chapter V Penalties Article 24 (i) A minor accident: a fine of $30 to 50; a fine of between 10 and 30 for the main responsibility; and a fine of $5 to 10. (ii) General accidents: fines of $80 to 100 for all responsibilities; fines of $50 to 80 for the main responsibility; fines of between 30 and 50 for the same responsibility; fines of $10 to 30 for the second responsibility; and warning. (iii) Major accidents: fines of between 100 and 150 dollars for all responsibilities; fines of between 80 and 100 for the primary responsibility; fines of between 50 and 80 for the same responsibility; and fines of between 30 and 50 for the second responsibility. (iv) Special accidents: fines of between 150 and 200, with full responsibility, primary responsibility and equal responsibility, and fines of between 100 and 150. Article 25 may be punished by reason, mitigation or immunity of one of the following cases for those responsible for accidents: (i) Deaf or blind; (ii) Concrete consequences, which have been corrected by education; (iii) Their own heavy injury and maiming. Article 26 has one of the following conditions for the accident responsible: (i) The driving vehicle of alcohol; (ii) Whether the driver of the accident or the transfer of a witness; (iii) Removal of evidence for all, damage, falsification and destruction; (iv) Incitement and compel others to commit accidents. Article 27 is criminally criminalized by the judiciary by virtue of the law by the public security authorities for the purpose of obtaining an order to deal with an accident and to the detriment of the public's offices and individuals. The penalties imposed by article 28 for those responsible for an accident on a farmer are imposed on the following provisions: (i) To cause more than equal responsibility for a major accident or for a major accident, and to suspend the driver's or operational certificate; (ii) Severe responsibility for major accidents, more than the general accident, and a driver or operational certificate for more than six months. The driver's driver's certificate or operational evidence was revoked after the accident of the farmer and no longer be obtained. Article 29 imposes a fine of up to $50, warning that the owner has decided on the ground; a fine of more than 50 dollars is determined by the institution responsible for accidents. Article 33 is inconsistency with penalties and may apply for review to the same-level agro-industries or for prosecution to the People's Court. The failure to comply with the penalties decision was not applied for review or prosecution, and the punishment decision was taken by the organ to apply for enforcement by the People's Court. Chapter VI Mediation Article 31 states that, in identifying the causes of accidents, the responsibility for accidents, the determination of the circumstances and the level of harm caused by the accident, the mediation of the parties and associated personnel for damages should be convened in a timely manner. Article 32 limits the period of mediation for damages for a period of thirty days, and the RBA considers it necessary to extend the fifteenth day. Only two mediations were conducted within the specified period. Article 33, which was agreed upon by mediation, should produce mediation letters, which were signed by parties and associated personnel, mediators and entered into force after the seals of the Gégégégnégégé. The IBA should communicate the letter of mediation to the parties and the persons concerned. Without agreement on the mediation period, the agro-industries should produce mediation ends, signed by the mediators, accompanied by the Gégégnégé, which are sent to the parties and the persons concerned. Article 34 is not carried out by a party after the mediation has not reached an agreement or the mediation has entered into force, and the agricultural institutions are no longer mediated and the parties can initiate civil proceedings before the People's Court. Chapter VII Compensation for damages Article 33 15 Liability for an accident shall be subject to compensation for damages in proportion to: (i) Half of all responsibility; (ii) The primary responsibility for loading 60 to 910 per cent; (iii) Severe responsibility and 50 per cent; (iv) Severe responsibility, with ten to 40 per cent. Article XVI damages projects include medical fees, misworking fees, inpatient food support payments, care fees, disability-friendly living allowance, disability-used expenses, funeral compensation, death indemnity, dependency cost of living, transportation, accommodation and property losses. The indemnity projects set out in the preceding paragraph should be determined in accordance with the actual circumstances and a one-time settlement cost. The criteria for damages are based on the following provisions: (i) Medical expenses: calculations of the costs necessary for the medical treatment of the parties' accidents are paid. (ii) Receives: the parties have fixed incomes, calculated according to their fixed income as a result of the loss of their work, but shall not exceed twice the cost of life per person in the accident area; (iii) Inpatient food assistance: calculation of 50 per cent of the travel subsidy rate for State agencies in the event of accidents. (iv) Care fees: during the hospitalization of the injured person, the care worker has income, calculated in accordance with the provisions of the erroneous work fees, and the income is calculated according to the per capita cost of living in the care area. (v) The cost of living benefits for persons with disabilities: per person living on the accident. The full loss of labour capacity is calculated at 10 to 810 per cent, while some loss of labour capacity is calculated at 40 to 60 per cent. From the month of disability, compensation for 20 years has been paid. However, at the age of 50 years and above, the age of one year has been reduced by a minimum of not less than 10 years; the age of seven ten years is calculated by five years. (vi) Liquiditions: for disability, a compensatory function is required, and a medical certificate is calculated according to the cost of the universal body. (vii) funeral fees: payment is made in accordance with the standard of funeral expenses in the event of an accident. (viii) Death compensation: compensation for ten years in accordance with the per capita cost of living in the accident. For under the age of 16 years, the age has been reduced by one year per year; for the age of seven ten years or older, the age has been reduced by one year. The minimum is not less than five years. (ix) The cost of living of the dependent person: persons with no other means of life are limited to the actual dependency of the deceased person or the disabled prior to the loss of the labour capacity and are calculated in accordance with the standard of living assistance for the inhabitants of the accident. Persons under the age of 16 are raised to the age of 16 years. Those who do not have a labour capacity are dependent for a period of 20 years, but over 50 years of age, the age of one year has been reduced by less than 10 years. The seven ten years old and other dependants are calculated by five years. (x) Transport fees: based on the actual costs required by the parties. (xi) accommodation costs: calculations based on the standard of accommodation for the general staff of the State organ of the accident. Article 338 provides for transportation, misworking and accommodation costs for relatives of the parties involved in the handling of accidents, calculated in accordance with article 37, for the benefit of the accident by the parties, but the number of persons calculated shall not exceed three. Article 39 requires inpatient, transit and care for the injured person, subject to medical certificates and the consent of the agro-industries. Self-inpatient hospitals, referrals, self-appropriation of medicines, increased carers or medical treatments, hospitals have proved to be denied to the compound, which exceeds the cost of the provision. The injured person shall hold a hospital certificate. Article 40 defines the extent of disability for persons with disabilities after the end of the treatment, according to a diagnostic certificate from the hospital, according to the standards of the Ministry of Public Safety's Road Traffic Injured Persons. Where necessary, specialized agencies may be entrusted with assessment. Article 40. Agricultural machinery and non-modile cars, spoilers, causing death or serious injury to others and the misperceptions of a agricultural machinery should share economic losses of 10 per cent of the other party, with a maximum not exceeding 10 months of the accident. The preceding paragraph is not a motor vehicle, except for the intentional infliction of harm on the part of the party. Article 42 provides for vehicles, agricultural machinery and goods damaged by accidents, which should be rebuilt on the ground and cannot be restored to the need for release and be compensated by the price. The accident resulted in a compromise compensation for the loss of livestock. Article 43 provides special circumstances for damages for accidents or that this provision does not expressly provide for mediation by the agro-industries. Chapter VIII Article 44: Fire accidents during agricultural machinery parking and electrical accidents arising from the electrical power line are dealt with in accordance with other relevant provisions. Article 42 The Government of the former Gangang province was issued on 27 March 1990 and the provisional provision for the processing of agricultural accidents in the province of Gang Province, as amended by Decree No. 27 of 22 October 1997. |
