Implementation Measures For The Subsistence Allowances For Urban Residents In Chengdu City

Original Language Title: 成都市城市居民最低生活保障实施办法

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(Consideration of the Chengdu municipal people's Government, on June 24, 2004 the 20th Executive on July 17, 2004, Chengdu municipal people's Government, the 108th promulgated as of September 1, 2004) first to guarantee basic living for impoverished urban residents, implement the system of subsistence allowances for urban residents, according to State Council regulations of the subsistence allowances for urban residents and the implementation measures for the subsistence allowances for urban residents in Sichuan province, Chengdu city, combined with the actual, these measures are formulated.
    Article within the administrative area of subsistence allowances for urban residents in the city this way.
    Article III the city accounts of city residents, where a family member living together per capita income is lower than the local minimum living standard for city residents, has the right to basic material assistance from the local people's Government.
    Fourth urbanite's minimum living security system follow basic principles of life for city residents, insisted that the State guarantee combined with social support, encouragement of labour self-help approach. Article fifth urban resident's minimum living guarantee system implementation of the municipal and district (City) County responsibility.
    Civil affairs departments are responsible for the administrative management of subsistence allowances for urban residents in financial sector funds in accordance with the provisions implementing the subsistence allowances for urban residents; staff, statistics, prices, labor security, auditing, education, health and other sectors, and trade unions, in their respective areas of responsibility in the related work of the Division of subsistence allowances for urban residents.
    Sixth, and district (City) County people's Government and the relevant departments, should enjoy the benefits of subsistence allowances for urban residents of urban residents in employment, self-employed and so give the necessary support and care.
    The seventh district (municipal), County Civil Affairs Department as well as sub-district offices and town (Township) Government (hereinafter referred to as administrative examination and approval authority), is responsible for vetting the specific management of subsistence allowances for urban residents.
    Delegate the administrative examination and approval authority, the Committee of the community residents, and assist this area of subsistence allowances for urban residents daily management and service work. Eighth of municipal and district (City) County people's Government shall implement the subsistence allowances for urban residents working institutions and personnel.
    Work requirements for subsistence allowances for urban residents by the financial budget.
    Nineth minimum living standards for urban residents, according to necessary for city residents living in the local clothing, food, shelter costs, with due regard for water, electricity, coal-fired (gas) and expenses of compulsory education for minors.
    Minimum living standards for urban residents shall, in accordance with social and economic development, changes in the price index and adjusted accordingly, in principle two years at a time.
    Tenth Chenghua district, Jin Jiang, qingyang, Taurus, Marquis, (high) standard of subsistence allowances for urban residents, by members of the political authorities and the City Department of finance, statistics, prices, submitted to the municipal people's Government for approval and Publishing Executive.
    Other areas (City) minimum living standards for urban residents of the County, at the municipal Civil Affairs Bureau, under the guidance of district (City) County Civil Affairs Department in conjunction with the local Department of finance, statistics, prices, district (City) County Government approved and submitted to the municipal people's Government for the record after the execution. 11th Fund subsistence allowances for urban residents, the municipal and district (City) County civil affairs departments prepare an annual payment plan, submitted to the municipal and district (City) County included in the budget, the financial sector paid in full monthly to civil affairs departments. Finance, the Ministry of civil affairs departments of urban resident's minimum living guarantee fund account management.
    Guarantee funds should be earmarked, intercept or appropriate or divert is strictly prohibited.
    Encourage social organizations and individuals donations, assistance for subsistence allowances for urban residents, provide donations, funding, all used for local subsistence allowances for urban residents. 12th Article holds this city city residents account of following personnel for city residents minimum life guarantees object: (a) no life source, and no labor capacity, and no statutory maintenance people or raised people, and dependency people of residents; (ii) received unemployment insurance during or received unemployment insurance expires still failed to again employment, family per capita income below minimum life guarantees standard of residents; (three) on-the-job personnel and laid off personnel in received wage or minimum wage, and basic living yihou and retired personnel received pension Hou,
    Their family income was still below the minimum living standard of residents; (d) residents of other family income is lower than the minimum living standard.
    13th article family members in the has following case one of of, not enjoy city residents minimum life guarantees treatment: (a) has and using mobile vehicles, and air conditioning, and mobile phone, high-end consumer and high-end commodity residential of; (ii) has gambling, and drug, and whoring, violations of; (three) by about policy received one-time placed fee, and subventions, and compensation fee,, cannot description reasonable uses and provides related proved material of; (four) no due reason people households separation half above of.
    14th article city residents family income refers to family members following the income of sum: (a) wage, and allowance, and subsidies, various labor income; (ii) basic living, and survivors living, and life difficult subventions, and lifted labor contract economic compensation fee, and "non-agriculture" placed subventions, various grants, and compensation fee; (three) pension, and unemployment insurance, and benefits, and pension, and former gold, and resigned gold; (four) various betting, and property inherited, and by gift and deposits principal and interest, and bonus, and securities, income;
    (E) alimony, alimony, maintenance, after participating in the savings-type insurance received insurance money, and after exiting the savings-type insurance income (vi) leasing, trading income and (seven) others actually received.
    15th article following income regardless of into family income: (a) special care and object enjoy of pension, and grant, and nursing fee and the health gold, and conscripts family preferential treatment gold; (ii) for public (workers) wounded workers of nursing fee and the death workers relatives enjoy of one-time pension, and funeral; (three) heroic Award Gold or County above Government give of award gold; (four) other legal, and regulations, and regulations provides not should meter into of income. 16th section treatment of subsistence allowances for urban residents, according to the principle of territorial management, based on the family unit to apply. By heads to household location of community residents Committee proposed written application; household location not established community neighborhood of, by heads to household location of subdistrict offices, and town (Xiang) Government proposed written application, truthfully fill in city residents minimum life guarantees treatment approval table and provides following material: (a) booklet, and identity card original and the copies; (ii) issued effective of family members income and the maintenance, and Fu (helped) raised obligations people income proved; (three) has paid basic pension, and basic medical
    And unemployment insurance shall issue a corresponding original and photocopy.
    17th management of examination and approval authority and the community neighborhood Committee upon receipt of the application, available through household surveys, neighbourhood visits and letters, certificates of the applicant by way of family economic situation and investigation to verify the actual living standards.
    Applicant and related institutions, organizations or individuals should be subject to investigation, and provide relevant information.
    18th the community neighborhood Committee shall set up a system of subsistence allowances for urban residents Council, establish subsistence allowances for urban residents Review Panel.
    Community residents Committee shall within 5 working days from the date of receipt of the application, taking the form of posted to seek the opinions of the masses, and verified by the household survey and report streets or towns (town) people's Government.
    The 19th Street/Town (town) people's Governments shall, after examination and verification of submitted materials, related materials and trial observations reported to the district (City) County Civil Affairs Department and posted the trial results. The 20th district (municipal), County civil affairs departments should be on the street and town (Township) Government reported to the subsistence allowances for urban residents in the first instance to conduct a comprehensive review of the status of the object, since of their application within 20 working days from the date of decision.
    Decided not to grant minimum living guarantee of treatment, it shall notify the applicant in writing and state the reasons; decided to grant minimum living guarantee of treatment, by street, town (village) people posted. 21st on the families with conditions of treatment of subsistence allowances for urban residents, by District (municipal), County Civil Affairs Department received subsistence allowances for urban residents will be issued gold certificate.
    Subsistence security for urban residents shall receive monthly payments. (A) no life source, and no labor capacity and cannot set maintenance people, and raised people or dependency people of city residents, according to local city residents minimum life guarantees standard full and floating 10% Hou enjoy; (ii) is has must income of city residents, according to family per capita income below local city residents minimum life guarantees standard of difference enjoy; (three) focus special care and object, and heavy degrees disabled, and 70 age above elderly, meet minimum life guarantees conditions of,
    According to local urban minimum living standard rising after the 10% enjoy the difference. 22nd families enjoy the benefits of subsistence allowances for urban residents, without any justified reason, failing to receive the minimum livelihood guarantee for a 60-day payment deemed to surrender.
    Later asked to enjoy the benefits of subsistence allowances for urban residents, shall apply. 23rd dynamic management of subsistence allowances for urban residents. Administrative examination and approval organs shall enjoy treatment of subsistence allowances for urban residents of the household incomes of urban residents once every six months to check and review. Enjoy the benefits of subsistence allowances for urban residents of urban household income changes, management approval authority shall be notified through the community neighborhood Committee in a timely manner.
    Administrative examination and approval authority should be based on the subsistence allowances for urban residents object changes in family income, apply for renewal, suspension, reduction or additional procedures for treatment of subsistence allowances for urban residents and posted.
    24th to encourage positive employment and subsistence allowances for urban residents to participate in work.
    Male 18-50, female 18-45, city residents who have the ability to work, within one year of introduction and without good reason refuses to jobs employment, suspend the treatment of subsistence allowances for urban residents.
    Male 18-55, female 18-50 is able to work but not employment of city residents, enjoy the subsistence allowances for urban residents during the treatment, should participate in the community neighborhood Committee organization of work, without good reason not to participate in the work of the two, was suspended for 1 month treatment of subsistence allowances for urban residents.
    25th subsistence allowances for urban residents account migration, migration shall promptly apply for the minimum living standard security procedures.
    The 26th financial and auditing departments should strengthen the management of funds for subsistence allowances for urban residents use of supervision and inspection.
    27th article management approval organ of staff has following behavior one of of, give criticism education or law give administrative sanctions; constitute crime of, law held criminal: (a) on meet enjoy city residents minimum life guarantees treatment conditions of family refused to signed agreed views of, or on not meet enjoy city residents minimum life guarantees treatment conditions of family deliberately signed agreed views of; (ii) negligence, and engages in, or corruption, and misappropriated, and withheld, and arrears city residents minimum life guarantees gold of;
    (C) altering the scope and standard treatment of subsistence allowances for urban residents. 28th article enjoy city residents minimum life guarantees treatment of city residents has following behavior one of of, by District (City) County home sector give criticism education or warning, recovered its impersonator of city residents minimum life guarantees gold; plot bad of, at impersonator amount 1 time times above 3 times times following of fine: (a) take false, and hide, and forged, means, cheat enjoy city residents minimum life guarantees treatment of; (ii) in enjoy city residents minimum life guarantees treatment during, family income situation improved,
    Approval authority is not required to inform management, continue to enjoy the benefits of subsistence allowances for urban residents.
    29th city residents to the district (City) County Civil Affairs Department not to grant subsistence allowances for urban residents of treatment or reduce hair, stopping payment of subsistence allowances for urban residents decide or refuses to accept the administrative penalties in accordance with the measures, may apply for administrative reconsideration is not satisfied with the reconsideration decision, you can file an administrative lawsuit in accordance with law.
    Article 30th issue in the application of these measures by the Chengdu municipal Bureau is responsible for the interpretation.
                                                                                    31st article this way come into force on September 1, 2004.