Advanced Search

Administrative Measures For Rural Five-Guarantee Service

Original Language Title: 农村五保供养服务机构管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Administrative measures for rural five-guarantee service

    (October 22, 2010, the Ministry of Civil Affairs announced come into force on January 1, 2011, 37th) Chapter I General provisions

    First in order to strengthen the management of rural five-guarantee services, improving the ability and level of support services, protection of rural five-guarantee the normal life of the object, in accordance with the Ordinance and the relevant regulations of the State rural five-guarantee work, these measures are formulated.

    Second rural five-guarantee services mentioned in these measures refers to the County civil affairs departments or a township, nationality township or town Governments (hereinafter referred to as host bodies) organized, providing support services for rural five-guarantee of NGOs.

    Eligible rural five-guarantee service shall handle the registration of legal persons in public institutions.

    Third civil affairs departments above the county level people's Government responsible for the administration of rural five-guarantee service agency management.

    Townships, nationality townships, and towns of rural five-guarantee people's Government held its services, business guidance and accepted the County Civil Affairs Department.

    Fourth rural five-guarantee service grading agencies, specific measures for assessing separately.

    Fifth Ministry of civil affairs departments above the county level people's Governments in rural five-guarantee service construction, management and service work units and individuals who have made outstanding achievements, recognition and rewards.

    Planning and construction of chapter

    Sixth civil affairs departments above the county level people's Governments shall, in accordance with the people's Governments at the corresponding level of economic and social development planning, in conjunction with the relevant departments of rural five-guarantee service planning for institution-building, and organization.

    Article seventh rural population larger, rural five-guarantee more townships, nationality townships, and towns to establish to meet the local needs of rural five-guarantee concentrated rural five-guarantee service.

    County Civil Affairs Department according to actual needs, and can be built to meet a number of townships, nationality townships, and towns of rural five-guarantee object dependent rural five-guarantee service.

    Article eighth of rural five-guarantee services shall conform to the relevant State architecture-building norms and standards, adhere to the alteration, expansion, new combination, making full use of idle facilities.

    In principle, the construction of rural five-guarantee service of not less than 40 beds.

    Nineth rural five-guarantee services shall for each rural five-guarantee provides usable floor area of not less than 6 square metres of living space.

    Rural five-guarantee service sector should have in the kitchen, dining room, activity rooms, bathroom, toilet, Office, and other auxiliary rooms.

    Article tenth of rural five-guarantee service should configure basic living facilities, equipped with the necessary food production, health care, entertainment, heating, cooling, Office management and other equipment.

    Conditional and sideline production in rural five-guarantee services shall have necessary venues and facilities.

    Chapter III service object

    Article 11th concentrated rural five-guarantee of their own accord, arranged through the County Civil Affairs Department, are capable of supporting rural five-guarantee services shall not refuse to receive.

    Rural five-guarantee service agencies should give priority to supporting life are unable to care for rural five-guarantee.

    12th reception suffers from mental illness, infectious diseases of rural five-guarantee rural five-guarantee services shall have appropriate care. 13th a township, nationality township or town people's Governments shall enter into a support services agreement with rural five-guarantee services and authorize it to provide support services for rural five-guarantee.

    Model agreement developed by the County Civil Affairs Department, and reported to the Department of civil affairs at a higher level for the record.

    14th rural five-guarantee service in meeting the needs of local rural five-guarantee concentrated on the basis of social services.

    Social services for rural five-guarantee service should sign agreements with their clients or their dependants, stipulated the rights and obligations of the parties.

    Rural five-guarantee service the ground of social services to reduce the concentrated in rural five-guarantee conditions and level of service.

    15th article five guarantees supporting in rural areas and social services shall comply with the regulations of rural five-guarantee service and protect public property, politeness, unity and mutual assistance.

    The fourth chapter support

    16th rural five guarantees supporting in rural five-guarantee service institutions should provide the following services:

    (A) in line with food hygiene requirements and appropriate to the needs of rural five-guarantee meals;

    (B) provide clothing, bedding and other supplies and pocket money;

    (C) provide living conditions of housing;

    (D) provide routine diagnostic services, unable to take care of nursing care;

    (E) properly handle the funeral.

    Concentrated rural five-guarantee object is not 16 years of age or have reached the age of 16 are still in compulsory education, rural five-guarantee service agencies must guarantee their access to and completion of compulsory education in accordance with law, safeguard requirements.

    Conditions of rural five-guarantee services should be concentrated seriously disabled five guarantees supporting object-fit Basic assistive devices.

    17th the actual contribution of rural five-guarantee service level shall not be less than the local rural five guarantees concentrated released standards.

    18th rural five-guarantee service organizations to provide support services, shall comply with the provisions of the relevant laws and regulations, in line with national standards, respecting the habits of ethnic minorities.

    Article 19th rural five-guarantee service cooperative station township or any other medical institution provides daily medical services for rural five-guarantee.

    Licensed by the Administrative Department of public health, rural five-guarantee conditional services may set up the clinic, provides daily medical services for rural five-guarantee.

    Rural five-guarantee services shall assist the relevant departments of rural five-guarantee enjoyment of rural cooperative medical care and the treatment of rural medical assistance.

    20th rural five-guarantee service agencies must provide family-oriented services, organization of cultural entertainment, sports and other activities, enrich the spiritual life of rural five-guarantee.

    Article 21st rural five-guarantee service can be provided to separately supply rural five-guarantee services, specific services provided by the County Civil Affairs Department.

    The fifth chapter management

    22nd rural five-guarantee services shall establish a sound financial management, file management, sanitation, safety and security rules and regulations, and exposure to the five guarantees supporting in rural areas.

    23rd President of rural five-guarantee service institutions in charge, host organs should perform their duties by the President on a regular basis for assessment.

    Rural five-guarantee service organizations should be set according to actual scientific post, clear requirements and processes, posts of responsibility. Article 24th of rural five-guarantee services shall set up the Management Committee, implement the public.

    Hospital Management Committee by the host authority representatives, representatives of rural five-guarantee and staff representatives, which represents rural five-guarantee should reach more than 1/2.

    Hospital Management Committee consists of rural five-guarantee service all democratically elected, shall perform the following duties:

    (A) supervise the implementation of the rules and regulations of the institution;

    (B) overseeing the Agency's financial revenue and expenditure and management;

    (C) oversee the work of the President and staff;

    (D) disputes mediation between rural five-guarantee;

    (E) organize self service and management in rural five-guarantee object;

    (Vi) other management responsibilities.

    25th rural five-guarantee service can take a variety of forms of agricultural production, the income should be used to improve the lives of rural five-guarantee, no unit or individual shall embezzle.

    Rural five-guarantee service can encourage the participation of rural five-guarantee good health and power production activities, and appropriate remuneration.

    Article 26th rural five guarantees supporting service organizations management and use of assets, no unit or individual may appropriate, need to register should be based on the relevant provisions of the registration procedures.

    The sixth chapter staff

    27th rural five-guarantee service should be according to the client's number and needs staff.

    Conditions of rural five-guarantee services shall be equipped with a professional social worker.

    28th rural five-guarantee service agency heads appointed by the host authorities, other staff employed by rural five-guarantee service.

    29th rural five-guarantee service or their host bodies should enter into employment contracts or employment contracts with the staff.

    Rural five-guarantee service or its organs shall insure the staff wages not lower than the local minimum wage and its corresponding endowment insurance, medical insurance, work injury insurance.

    30th County Civil Affairs Department should be business training for rural five-guarantee service agency staff, examination, granting induction services.

    The seventh chapter funding

    31st rural five-guarantee service of construction funds and Management Fund shall, in accordance with the financial procedures of budget management application, approval from the budget arrangements.

    Management refers to the maintenance of rural five-guarantee service running expenses and all expenses, including staff salaries, office expenses, acquisition of equipment and facilities maintenance and utility fuels, etc.

    32nd, concentrated in rural five-guarantee funds should be made public in accordance with the local people's Government of concentrated standard into counties and special financial guarantees, and on time allocated to rural five-guarantee service.

    Rural five-guarantee services shall focus on funding used for rural five-guarantee provides support services and shall not be appropriated for other purposes.

    33rd civil affairs departments above the county level people's Governments shall be year arrange a certain number from the local level welfare lottery to support institution-building and the maintenance of rural five-guarantee service.

    34th to encourage institutions, enterprises, institutions, social organizations, individuals donated to the rural five-guarantee service provider, to help improve the living conditions of rural five-guarantee.

    The eighth chapter legal liability

    Article 35th of rural five-guarantee service of any of the following acts, by County Civil Affairs Department or Township, nationality township or town government ordered to correct fails, the County Civil Affairs Department or village, Township and town people's Governments shall terminate support services agreement; losses caused shall bear liability for:

    (A) discrimination, abuse of rural five-guarantee;

    (B) not to do management and service obligations of rural five-guarantee the legitimate rights and interests infringed;

    (C) the occupation of rural five-guarantee object property;

    (D) other acts contrary to the provisions.

    36th rural five-guarantee service agency staff, one of the following acts, given criticism; the circumstances are serious, be dismissed; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) dividing up and misappropriation, interception of rural five-guarantee funds and goods;

    (B) privately, divert agricultural production and operating income;

    (C) abuse, beatings, abuse of rural five-guarantee;

    (D) rural five-guarantee of theft, embezzlement or property of rural five-guarantee service;

    (E) other acts contrary to the provisions.

    37th five guarantees supporting in rural areas have one of the following acts, given criticism in serious, stop concentrated constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) violates the provisions of rural five-guarantee services, disturb the normal order of life;

    (B) fighting, fighting, causing grievous bodily harm;

    (C) damage, theft, misappropriation of rural five-guarantee service of rural five-guarantee or other object property;

    (D) other acts contrary to the provisions.

    The Nineth chapter supplementary articles

    38th to encourage other social welfare agencies providing support services for rural five-guarantee, management and related services in accordance with the measures implemented. 39th these measures come into force on January 1, 2011. March 18, 1997, issued by the Ministry of Civil Affairs of the rural homes for interim measures for the administration of the repealed simultaneously.