Advanced Search

Under Subsistence Allowances For Urban Residents In Hainan Province

Original Language Title: 海南省城市居民最低生活保障规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Prelease No. 165 of 9 June 2003 of the People's Government Order No. 165 of 9 June 2003)

Article 1, in order to guarantee the basic right to life of the urban population, to preserve social stability, to promote economic development and social progress, and to develop this provision in the light of the Regulations on Minimum Living Guarantees for Urban Residents issued by the State Department.
Article 2 Residents with non-agricultural households, whose income is less than the minimum standard of living for the urban, district and self-governing urban residents of their households, have the right to obtain basic material assistance from the local people's Government.
Article 3. Minimum living security for the urban population is exercised by the Government at all levels. The civil affairs sector of the municipalities, districts and self-government authorities is specifically responsible for the management of minimum living guarantees for the urban population in this administrative region; the financial sector is responsible for the implementation of minimum living guarantees for the urban population in accordance with the provisions of the regulations; the division of labour guarantees, inspection, statistics, prices, audit, trade unions, etc., which are responsible for the coordination, inspection, supervision and supervision of minimum living guarantees for urban residents within their respective responsibilities.
The Civil Affairs Department of the Municipal, District and Self-Governmental People's Government, as well as the Street Office and the Town People's Government (hereinafter the Management Approval Authority) are responsible for the minimum living security of the urban population.
The Residential Commission or other organizations are entrusted by the management approval body to assume the day-to-day management, service delivery of minimum living guarantees for the urban population.
Article IV Minimum living guarantees for the urban population are dominated by financial budgetary arrangements and are complemented by multiple channels. Specific sources include:
(i) Funding for financial budget arrangements;
(ii) Funds for the benefit of a public interest grant arrangement;
(iii) Social donations and sponsored funds;
(iv) The provision of heating funds for trade union arrangements;
(v) Other funds.
Each year before the end of each year, the civil affairs sector of the municipalities, districts and self-governing districts should be based on the minimum number of living guarantees in the current administration, the current year-level grant and the end-of-year fund balances, as well as the next annual financial budget, and be included in the annual financial budget, as approved by the Government's financial sector. Funding at all levels of the financial budget arrangement is included in the “Financial Social Security Grant Finance Fund”, dedicated management, specially dedicated, cannot be overstated, diverted and ensure timely funding.
The central financial transfer to the provinces' minimum living security funds and provincial financial arrangements are financed by the provincial Government's financial sector, in accordance with the number of guaranteed living in the municipalities, districts, autonomous districts, the minimum living guarantees, performance, financial difficulties and efforts, and the distribution of resident residents of the central embassies, provincial counterparts in difficult urban areas, through special transfer schemes, to municipalities, districts and autonomous districts.
Article 5 Minimum living security standards for urban residents are determined in accordance with the clothing, food, accommodation costs necessary to sustain the basic life of the urban population, with due regard to the cost of hydrothermal (coal) and the cost of compulsory education for minors. The minimum standard of living for urban residents developed by municipalities, districts and self-governing districts is reported to the Government of the current people for approval and post-release implementation.
Article 6. The family income referred to in this approach refers to the total and in-kind incomes of the family members with statutory support, dependency, dependency, dependency and dependency, including the following:
(i) Various types of wages, awards, allowances, subsidies and other labour income;
(ii) Retirement payments, basic cost-of-living, pensions, unemployment insurance payments;
(iii) A statutory support, a dependent person or a dependant shall be paid for maintenance, dependency or maintenance;
(iv) Succession, acceptance of property granted;
(v) Saving deposits interest and equity dividends;
(vi) Income earned on rental or sale of family property;
(vii) Income derived from intellectual property such as the right to work, trademark, patent rights;
(viii) Other family income that should be taken into account.
Article 7. The applicant has one of the following conditions and does not enjoy the minimum standard of living for the urban population:
(i) The household income exceeds the minimum standard of living;
(ii) The members of the household with a labour capacity do not justify refusing employment or participating in the work;
(iii) Drug abuse and cascacacy among family members;
(iv) In violation of family planning policies;
(v) Other cases provided for by law, regulations.
Article 8. The calculation of household income should be based on the average amount of income for the three-month period prior to the application for minimum living security for the urban population.
Street offices, communes, communes, resident councils or other mandated organizations should reapprove the household income of the guaranteed occupants every three months and communicate in a timely manner to the civil affairs sector of the municipalities, counties and self-government.
In the case of the relocation of the urban dwellers who receive the guaranteed payment, the procedures for the change of treatment should be handled by the local, district, self-governing and self-governing authorities within 30 days of the relocation of the household to the place of the former family; and the need for the late non-existence to reaplate.
Article 9. Urban residents apply for minimum living guarantees by submitting written requests by the applicant's head of household to the House of Commons or other delegated organizations to fill the three copies of the Urban Minimum Living Guarantee Approval List (hereinafter referred to as the Approval Table) and to provide proof of income from the household certificate, resident identity cards, family members' offices or resident committees.
There is no town of the Residential Commission, where the applicant's head of household is directly seeking a minimum living guarantee to the commune.
Article 10. Upon verification of the relevant situation of the applicant by the Resident Council or other mandated organizations, a public opinion is published and sought. In order to meet the minimum living conditions of the urban population, views should be signed within 5 days of the date of receipt of the urban resident's application and the relevant material and investigations of the applicant's visit to the street office or the commune government.
The street office or the commune government should sign a review within 10 days from the date of receipt of the material, and report to the local, district and self-governing government civil affairs.
The Civil Affairs Department of the Municipal, District and Self-Autonomous Regions has closed the clearance process within 15 days of receipt of the submissions. It was decided that the amount of relief should be determined to be presented in the Approval Table to the Civil Affairs Department of the Government of the province and to issue the Minimum Living Guarantee Scheme for the Urban Resident. Urban residents who do not have family income enjoy the minimum standard of living for the urban population in full. The income of the household is lower than the urban population living standards on the local minimum standard, with the difference in the enjoyment of the minimum standard of living for the urban population.
Street offices, communes, resident councils or other mandated organizations should be published within 7 days on the list of urban residents who receive minimum living guarantees for the urban population.
The decision not to grant the minimum living security treatment for the urban population should be communicated in writing to the applicant and justified.
Article 11. Minimum living guarantees for the urban population are granted in monetary form by the civil affairs sector of the municipality, the district, the self-government.
Article 12. The Government of the people at all levels and its relevant sectors have given the necessary support and care to the population who enjoy the minimum living security of the urban population in employment and have developed preferential policies in the areas of education, medical, housing, water, electricity, coal and administrative fees.
Article 13, in violation of Articles 7, 8, 10 and 11 of this provision, imposes penalties in accordance with the relevant provisions of the Regulations on Minimum Living Guarantee for Urban Residents.
Article 14 provides for administrative review in accordance with the law; administrative proceedings are still unconscrupulous with regard to the approval of the civil affairs component of the municipal, district and self-government for the enjoyment of the minimum living security of the urban population or reduction of the decision to stop the minimum living security treatment of the urban population.
The specific application of this provision is explained by the Department of Civil Affairs of the Provincial Government.
Article 16