Qingdao Rural Five-Guarantee Approach

Original Language Title: 青岛市农村五保供养办法

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Qingdao rural five-guarantee approach

    (On December 25, 2009, Qingdao, people's Government of the 11th general meeting announced on January 4, 2010, people's Government of Qingdao City, No. 203 as of March 1, 2010) Chapter I General provisions

    First for rural five-guarantee work, guarantee the normal lives of rural five-guarantee, promote the development of rural social security system, according to State Council regulations of the rural five-guarantee work, combining city actual, these measures are formulated.

    Article five guarantees supporting in rural areas work in the administrative area of the city, these measures shall apply.

    Rural five-guarantee mentioned in these measures refers to the five guarantees supporting in rural areas in the food, clothing, housing, medical, burial life of care and material assistance. Article III public governance of rural five-guarantee work Department in charge of the city.

    Finance, development and reform, education, health, labor and social security departments shall, in accordance with their respective responsibilities, to rural five-guarantee work.

    District (municipal) people's Governments in charge of the administrative areas of rural five-guarantee work, district (municipal) Civil Affairs Department responsible for the administration of rural five-guarantee work in direction, supervision and management.

    Town (Street) of rural five-guarantee work within their respective administrative areas.

    The village (neighborhood) committees to assist the town (Street) for rural five-guarantee work.

    Fourth municipal, district (City) Government should strengthen leadership for rural five-guarantee work, be incorporated into the national economic and social development plan, overall planning and coordinated development.

    To encourage, guide and support enterprises, institutions, social organizations and individuals for rural five-guarantee rural five-guarantee work and contributions and services.

    Fifth of municipal, district (City) people have made remarkable achievements in rural five-guarantee work units and individuals, provides for recognition and reward.

    Chapter dependent objects

    Sixth rural support object should also comply with the following conditions: (A) the incapacity.

    60 years of age of older persons, hold the People's Republic of China certificate of disability for more than two persons with disabilities, and is under 16 years of age or the age of 16 but was still compulsory for young people deemed unable to work. (B) no source of livelihood.

    No income or household annual per capita income is lower than the local rural five guarantees of separately supply standards. (C) the maintenance, upbringing, support obligations cannot be human, or its legal support, maintenance, maintenance obligations, without maintenance, upbringing, support capacity.

    Legal support, maintenance, maintenance obligations are over the age of 70 elderly, incapacitated disabled persons, minors under the age of 18 years, as no ability to comply with the statutory obligations.

    Article seventh rural five-guarantee should be in accordance with the following procedures shall be followed: (A) by himself to the village (neighborhood) committees apply for young or intelligence or mental disability unable to express their wishes, the village (neighborhood) group or any other village (neighborhood) on whose behalf the application.

    The village (neighborhood) committees, village (neighborhood) the Panel shall be notified to the applicant whose application rights and can enjoy the treatment of the five guarantees supporting object.

    (B) the village (neighborhood) Committee shall be from the date of receipt of the application within the 15th democratic appraisal, review results in the village Bulletin after the 7th, the village (neighborhood) ' Committee material town (subdistrict office) audits. (C) town (subdistrict office) shall, from the date of receipt of the comments in the 20th, on the applicant's family situation and economic conditions for investigation and verification audit comments and review comments and related materials submitted to the district (municipal) Civil Affairs Department for approval.

    Applicant, the organization or individual shall cooperate, survey, and provide relevant information. (D) the district (municipal) civil affairs departments shall receive comments and related materials from the date in the 20th, to review the submitted materials and make a decision.

    For rural five-guarantee approval and confirmation, of rural five-guarantee certificate will be issued; considered incompatible with the examination and approval of rural five-guarantee conditions and shall state the reasons in writing. The article disagrees with the results of the examination and approval of the applicant can apply for the examination and approval authority for review.

    Examination and approval authority shall review the applications received within 30th of reviews, review decisions during the review period, can ask the village (neighborhood) Commission implementation review, public notice again.

    Article meets the conditions for rural five-guarantee village (neighborhood) voluntary acceptance of relatives, friends or other personnel support, relatives or other persons to voluntarily take full obligation of support, the two sides signed a support agreement, the town government (Street) and verification, not identified as the five guarantees supporting in rural areas.

    Tenth five-guarantee of the family situation has changed greatly, and shall truthfully inform village (neighborhood) committees, town (Street) after verification, by the district (municipal) civil administration adjustment or cancellation of rural five-guarantee treatment.

    11th rural five-guarantee of the object any of the following circumstances, stop the treatment of rural five-guarantee:

    (A) legal support, support, support obligations and duty maintenance, upbringing, support capacity;

    (B) regain stable source of livelihood, income exceeding five local villages scattered support standards;

    (C) 16 years of age, have completed the stage of compulsory education in school life, and the ability to work;

    (D) treatment of voluntary cessation of rural five-guarantee.

    12th stop rural five-guarantee treatment and town (subdistrict office) audits, district (municipal) Civil Administration approval, informed the five guarantees supporting in rural areas.

    Rural five-guarantee disagrees with the object, you can review an application made in the 7th District (City) Home Department shall review at the 30th, for failure to meet the five-guarantee conditions, verification of its rural five-guarantee certificate. 13th rural five-guarantee by law the right to private property ownership. Private property is not used, occupier shall perform the obligation of support or to pay benefits.

    After the death of rural five-guarantee objects out of five or, of their private property in accordance with the support agreement contract and the provisions of relevant laws and regulations.

    Chapter support

    14th article five guarantees supporting in rural areas include the following:

    (A) the supply of grain, oil and food and the live fuels;

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

    (C) provide basic living conditions of housing; (D) providing treatment and care given to unable to take care of. Rural five-guarantee should take part in the new rural cooperative medical system, their personal contributions by the district (City) and town (subdistrict office) financial burden.

    Their medical expenses in accordance with the regulations in the new rural cooperative medical system Fund reimbursement, Medicaid funding shortfall in full; (E) for a funeral matters. After the death of rural five-guarantee, from rural five-guarantee services, village (neighborhood) Committee is responsible for dealing with the aftermath, according to separately supply support funds of the five-year standard, apply for a funeral grant.

    For funeral expenses in accordance with the relevant provisions of relief.

    Rural five-guarantee under the age of 16 years or 16 years of age is still compulsory, should guarantee shall be subject to compulsory education requirements.

    15th article five guarantees supporting in rural areas may not be lower than the local village (neighborhood) to the average standard of living of the people and according to the local village (neighborhood) average living standards improve adjustment.

    Rural five-guarantee standards from the public service, in conjunction with finance, statistics, price and other administrative departments, according to rural residents of this municipality in food, clothing, medicine consumption per capita expenditures, as well as changes in the price level factors related to the development, approved by the municipal people's Government, and submitted to the provincial people's Government for the record later, announcing the commencement.

    District (municipal) Government can be combined with local conditions, not less than municipal people's Government in accordance with established standards, standards of rural five-guarantee their respective administrative areas, approved by the municipal people's Government, submitted to the provincial people's Government for the record later, announcing the commencement.

    16th section of separately supply rural five-guarantee, no income, according to the local standards of rural five-guarantee full enjoyment dependent treatment; income, enjoy the difference to provide treatment.

    Fourth chapter support 17th article five guarantees supporting in rural areas to implement territorial management, can choose their own concentrated or dispersed the dependent form.

    Encouraging rural five-guarantee choice concentrated forms of the object. 18th centralized support from rural five-guarantee services (Centre for welfare services for the elderly, homes for the elderly and the five guarantees supporting in rural areas), provide support services.

    Town (Street) and rural five-guarantee service organizations as well as between rural five-guarantee service and rural five-guarantee shall enter into a support services agreement between objects.

    Format should be developed to provide public service service agreement text, the text should include the supporting forms, support standards, supporting content, support services norms, rights and obligations of the parties, the conditions of the agreement and the legal consequences of such content. Article 19th of separately supply, the village (neighborhood) Committee is responsible for the day-to-day management of rural five-guarantee service organizations can provide guidance and services. The village (neighborhood) dependent objects may be entrusted by the Commission to friends and relatives, villagers or other social organization of care and services.

    Town (Street) and the village (neighborhood) committees and between the village (neighborhood), commissioned on behalf of the Committee with and between rural five-guarantee shall enter into a support services agreement, agree on their respective rights and obligations.

    20th rural five-guarantee services to institution-building in district (municipal), town (Street) investment, supplemented by social contributions, in accordance with local conditions and capabilities, integrated planning, integrating principles of rational distribution of assets, and in a planned way.

    Conditional areas (cities) can build regional centers to provide services of rural five-guarantee service.

    Encourage citizens, legal persons and other organizations invest in rural five-guarantee service providers.

    21st organized by the use of State-owned assets of rural five-guarantee services, in accordance with the registration of institutions eligible for registration of institutions.

    Construction of non-government investment commitment of not-for-profit institution of rural five-guarantee services, in accordance with the registration of private non-enterprise units.

    22nd rural five-guarantee services shall establish an internal management system and service management. Rural five-guarantee services shall set up the Management Committee, and democratic governance. Hospital Management Committee from management personnel and representatives of rural five-guarantee, society composed of donor representatives.

    Major issues involving the interests of rural five-guarantee, shall be subject to the Management Committee's brainstorming.

    23rd to encourage rural five-guarantee service on the premise of rural five-guarantee service levels are not reduced, take the form of paid services to the community to provide services.

    People no longer enjoy the benefits of rural five-guarantee, voluntary requirements to remain in rural five-guarantee service agencies to provide services, in accordance with the relevant provisions of the paid services for processing.

    Requirements in rural orphans in foster care at their own expense allowances, the revolutionary "old" people, family planning, only daughter of the elderly should be given preferential.

    Fifth chapter to provide protection

    24th rural five-guarantee fund added government budgets at all levels.

    Social donation to Governments at all levels can arrange a certain percentage of funds and materials for rural five-guarantee work.

    Encourage the village (neighborhood) Commission income arrangements such as collective management of money, supplies, subsidies and improving the lives of rural five-guarantee.

    25th funding for rural five-guarantee special accounts management, earmarked, allocated. 26th people's Governments at various levels shall arrange funding of separately supply rural five-guarantee living dangerous ugly house repairs, residential safety, living conditions are met.

    The village (neighborhood) people from rural income arrangements such as collective management committee can fund or the provision of human, material, improved housing and other living conditions of rural five-guarantee. 27th management of rural five-guarantee service fees include management staff costs, Office, construction and maintenance costs, heating, electricity and so on, by the district (municipal) burden.

    Special funds for municipal financial arrangements, on construction of five guarantees supporting services and facilities maintenance to the appropriate grant.

    28th rural five-guarantee services in accordance with State regulations, enjoy tax breaks.

    Rural five-guarantee service of social organizations and individuals to contribute to eligible, shall pay enterprise income tax and personal income tax be deducted according to the tax-related provisions.

    Article 29th of rural five-guarantee services to improve the lives of rural five-guarantee, and sideline production and operation, town (Street) should provide the necessary conditions for the production and operation, the departments concerned shall be given an affirmative.

    Supervision and administration of the sixth chapter

    30th financial, auditing and supervision departments should strengthen supervision and administration of the funds for rural five-guarantee.

    31st civil affairs departments should establish rural five-guarantee object database and information management system, the implementation of dynamic management, should be guaranteed.

    Article 32nd town (Street), the village (neighborhood) Committee five guarantees supporting in rural areas should be the object of the application condition, procedures, democratic appraisal, as well as criteria and the use of the funds for rural five-guarantee, as a Government, an important part of village affairs, announced to the public, subject to public supervision.

    Article 33rd rural five-guarantee services shall comply with the relevant laws and regulations for rural five-guarantee provides the required support services, regularly published money, supplies and catering standards, production and management accounts, accept supervision by the dependent object, the relevant departments.

    The seventh chapter legal liability

    34th administrative organs and their staff in violation of the rules of any of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) to meet the conditions for rural five-guarantee village (neighborhood) people enjoy the benefits of rural five-guarantee not granted, or for failure to meet the conditions for rural five-guarantee village (neighborhood) approved its treatment of enjoying the five guarantees supporting in rural areas;

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

    (C) other acts of abuse of power, negligence, malpractice.

    35th village (neighborhood) Committee in violation of this regulation, embezzlement, misappropriation, interception of rural five-guarantee, be removed from Office in accordance with law constitutes a crime, criminal responsibility shall be investigated according to law.

    Rural five-guarantee services in violation of these rules, privately divide, misappropriation, interception of rural five-guarantee, shall be dismissed if constitutes a crime, criminal responsibility shall be investigated according to law.

    The village (neighborhood) committees and entrusted or rural five-guarantee service in violation of this regulation, the support provided for rural five-guarantee service does not meet the requirements of, by the town government (Street) a rectification; fails, town (Street) right to terminate support services agreement; losses caused shall bear liability.

    36th under any of the following acts, by the town government (Street) give criticism and education, recovery of funds and materials for rural five-guarantee impersonator:

    (A) the misrepresentation, concealment, falsification and other means are, enjoy the benefits of rural five-guarantee;

    (B) the dependent object undergoes large changes in his family conditions, is not required to inform authorities.

    The 37th Executive organs, enterprises and institutions for the treatment of rural five-guarantee conditions are not met the family or personal proof of false material, and hold those responsible accountable according to law.

    The eighth chapter supplementary articles 38th article of the rules take effect on March 1, 2010.