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Measures of Tianjin Municipality for Social Aid

新闻日期: 2016-09-01    文章来源:

The People’s Government of Tianjin Municipality

Decree No.25

 

The Measures of Tianjin Municipality for Social Aid was adopted by the 68th executive meeting of the Municipal People’s Government on May 6, 2016 and is hereby promulgated. These Measures shall go to into effect as of July 1, 2016.

 

Mayor Huang Xingguo

Tianjin Municipality

May 17,2016

 

Measures of Tianjin Municipality for Social Aid

 

Chapter One General Provisions

 

Article 1 These Measures are enacted for the implementation of the Interim Measures for Social Aid (The State Council Decree No. 649) and in light of the actual situation of this Municipality.

Article 2  A social aid system shall be set up based on the principle of aiding the needed first, sustainable, geared into other social security schemes and the level of assistance reflecting current level of economical and social development.

Social aid shall adhere to the principle of openness, fairness, justice and promptness.

Article 3  The Municipal, district and county people’s governments shall incorporate social aid efforts into the development plan for national economy and society, set up a coordinating mechanism with the government assuming the leadership, civil department taking responsibility, relevant departments cooperating and social sectors joining forces.

The municipal, district and county people’s governments shall upgrade the guarantee mechanism for fund and materials to be used in social aid, earmark the social aid fund and operational fund into the financial budget of the government of the same level. The social aid fund shall be administered under a special and separate account book and shall be put to use for social aid only and no unit or individual shall squeeze or embezzle the fund for other uses.

Article 4  The Municipal, district and county people’s governments shall, depending on the level of economic and social development, work out a minimum standard of living in this Municipality, the standard for helping the neediest, for assistance in the event of natural disasters, medical assistance, educational assistance and house assistance and make timely adjustment when necessary.

The district and county people’s government may raise the standard for assistance against natural disasters and the money needed shall be borne by the finance of the district and county government.

Ad hoc aid standard shall be worked out and announced by the Municipal, district or county people’s government.

Article 5  The Municipal civil department shall construct a social aid system in a unified way, organize efforts in working out a social aid plan, policy and standard, supervise and guide the district and county civil department in their aid effort. The district and county civil department shall be responsible for the comprehensive administration of social aid work according to law.

The development and reform, health and family planning, education, land and property administration, construction, human resources and social security departments shall, depending on their duties and responsibilities, be held responsible for the social aid work in their respective sectors.

The administrative departments listed in the previous two paragraphs shall be referred to as social aid administrative departments.

Article 6  The township people’s government, sub-district office shall set up a portal to handle the application for social aid at venues easily accessible to people, man the portal by working staff to be responsible for accepting the application for social aid, investigation and verification of the applications or transferring the applicant to department concerned.

The villagers’ committee and neighborhood committee shall render assistance in doing a good job in social aid work.

Article 7  The Municipal, district and county people’s governments shall set up a information system for social aid work in accordance with a unified state plan, to facilitate the referral and share of the basic information of the object of social aid, the information of the progress of handling of application for aid and other information

 

Chapter II  Guarantee for the Standard of Minimum Living

 

Article 8  This Municipality provides minimum living guarantee to the family whose co-inhabiting members earn an average income that is lower than the standard of minimum living in this Municipality, and whose family property conforms to the requirement for receiving minimum living guarantee.

The members that receive minimum living guarantee shall have permanent residence of this Municipality.

The authentication of the co-inhabiting family members and their average income shall be done according to the regulations concerned of this Municipality.

Article 9  Families that apply for minimum living guarantee shall go through the following procedure:

  1. Members of a co-habiting family may apply in writing to the township people’s government or the sub-district office where their permanent resident is. Where it is difficult for them to do so, they may ask the villagers’ committee or the neighborhood committee to apply on their behalf;

  2. The township people’s government or the sub-district office shall, with the assistance of the villagers committee or neighborhood committee, investigate and verify the income, property and living condition of the applicant family by means of door-to door visit, visit to their neighbors, correspondence , appraisal by people and information verification;

  3. The township people’s government or the sub-district office shall work out an initial decision at the end of verification and submit it to the district and county civil department for examination and approval after its public announcement in the village or the neighborhood where the applicant resides;

  4. The district or county people’s government shall, upon verification, approves the application that satisfies the requirements and publish the approval, or notify in writing the applicant of non-approval and state the reasons.

    Article 10  The civil department of district or county people’s government shall determine the size of minimum living allowance for each applicant that is covered by the minimum living guarantee program, based on the differential between the average income of the members of the co-inhabiting family and the minimum standard of living of this Municipality and issue the allowance from the next month after the application is approved.

    The minimum living allowance shall be issued in full every month via a bank.

    Article 11  Where family members that has the registered permanent residence in places other than where they now resides apply for minimum living guarantee, he shall apply for registered permanent residence at the place where he now lives before applying for minimum living allowance. Where family members do not have registered permanent residence of the place where he resides but all the family members have the registered permanent residence of the same place, they shall apply to the township people’s government or sub-district office where their registered permanent residence is. Where family members have different registered permanent residences and live in a non-registered permanent residence place, they shall apply to the township people’s government or sub-district office of the place where over half of the family members have the registered permanent residence.

    Article 12  Where change occurs in a family covered by the minimum living guarantee program, in terms of number of people, income and property they shall report the change to the township people’s government or sub-district office 30 days after the change occurs; where they move their permanent residence to another place, they shall undergo the procedure of transferring the minimum living guarantee coverage to another place within 30 days.

    The civil department of district or county people’s government, township people’s government, sub-district office shall make regular inspection of the number of people, income and property of families covered by the minimum living guarantee program. The civil department of district or county people’s government shall decide to add, deduce or stop the issuance of the minimum living guarantee allowance accordingly. Where the allowance is stopped, an explanation in writing shall be offered.

        Article 13  As for the senior citizens, juveniles, severely handicapped, sufferers of serious illness, children of single parent and the family that has lost their only child that satisfy the requirement for aid by classifications in this Municipality, the district or county civil department shall take measures such as discounting the family income or increasing minimum living guarantee allowance so as to increase the aid.

     

    Chapter III  Aid for the Neediest

     

        Article 14  This Municipality offers care for the seniors, handicapped and juveniles under 16 that are incapacitated, with no source of income and with no legally bound obligor for their old age care, upbringing or assistance, or their  legally bound obligor do not have the ability to do so.

    The neediest covered by the care program shall have permanence residence of this Municipality.

    Article 15  The care provided for the neediest includes:

  5. Providing basic living conditions of food, clothing and residence;

  6. Offering care for those who cannot care for themselves;

  7. Providing medical treatment when they fall ill; and

  8. Handling funeral for them when they die..

    Article 16  The application for and approval of the neediest entitled for care shall follow the procedure as stipulated in Article 9 of these Measures.

    Where the township people’s government, sub-district office, neighborhood committee or villagers’ committee finds a person that qualifies for the neediest care they shall inform him of the care policies; as for persons that do not have civil capacity and cannot apply by themselves, the villagers’ committee or neighborhood committee shall apply for them without being asked to do so.

    Article 17  People’s governments at all levels shall, in light of the number, residence and concentration of the neediest, build care centers that meet the requirement for care in a centralized way.

    The neediest may choose from living in a care center or at home. The neediest that have the ability to care for themselves are encouraged to be cared for at their own home. Where the neediest choose to live in a care center, the district or county people’s government shall arrange for them to live in a care center that lies nearby.

    The district or county people’s government may entrust care institutions that satisfy the requirements to provide care for the intelligence impaired or people with mental illness.

    The township people’s government, sub-district office shall be well aware of the neediest living under care at home and help them to repair their home to avoid possible safety risks and solve other difficulties for them.

     

    Chapter IV  Aid for the Disaster-affected People

     

    Article 18  This Municipality provides aid to those severely affected by natural disasters.

    The natural disaster aid is provided under the mechanism of locally administered and layer- by- layer responsibility.

    Article 19  Natural disaster aid includes:

  9. Emergency aid;

  10. Livelihood aid for the transition period;

  11. Allowance for helping rebuilding collapsed or damaged houses;

  12. Emergency livelihood aid for draught disaster;

  13. Emergency livelihood aid for winter and spring;

  14. Compensation for the family members of the deceased;

  15. Other livelihood aid for natural disaster- affected people.

    Article 20  The municipal, district or county people’s government shall set up a storage for relief materials in preparation for natural disasters in light of the features of natural disasters, population size and layout in the principle of advantageous location and proper size.

    The Municipal, district and county civil department shall set up a mechanism for procurement, storage and supply of relief materials in preparations for natural disasters and decide on the variety, standard, size of the relief materials with the view of ensuring the supply of materials in the event of natural disasters.

    Article 21  Where a natural disaster strikes, the Municipal or the district and county people’s government shall arrange for the related departments to evacuate, transfer and settle the disaster- affected people and provide timely food, drinking water, clothes and quilts, heating, temporary shelter, medical care and quarantine so as to guarantee the basic needs of the disaster- affected people are met.

    Article 22  The Municipal or the district and county people’s government shall, with priority given to safety , settle the disaster-affected people whose house is severely damaged for a transitional period of time by way of settlement on the spot or in other places, government- assisted settlement and settlement by oneself.

    Article 23  Where the potential dangers brought on by natural disaster is removed the Municipal or the district and county people’s government shall arrange for related departments to study and work out a reconstruction plan and preferential policies, provide reconstruction financial fund and materials to those qualified to receive.

    Article 24  In the wake of a natural disaster, the Municipal or the district or county people’s government shall provide aid for the needy people affected with aid for basic daily needs against the winter cold and spring food shortage in the following year.

    Where people have difficulties in life owing to draught, the Municipal, district or county people’s government shall activate the emergency response plan in time to help meet the basic need of the disaster affected people for food and drinking water.

     

    Chapter V  Medical Aid

     

    Article 25  The following people are entitled to medical aid in this Municipality:

  16. Members of the family covered by the minimum living guarantee program;

  17. The neediest;

  18. Members of low income family whose income stands above the minimum standard of living but lower than 1.5 times the minimum standard of living;

  19. Seriously handicapped people;

  20. Other persons with special difficulties as stipulated by the Municipal, district or county people’s government.

    Article 26  Medical aid shall be offered in the following ways:

  1. Paying the self-paying part in full for the aid object covered by the basic medical insurance policies for urban and rural habitants;

  2. Providing a fee reduction or waiver and a fixed amount of medical allowance in accordance with the related stipulations of this Municipality to the aid object when he visits the community health center;

  3. Reducing the deposit for hospitalization when the aid object is hospitalized in the designated hospital;

  4. Providing additional allowances to cover the self-paying medial expenses in accordance with the related regulations of this Municipality to the aid object for his hospitalization or outpatient visits for treating special diseases classified by the authorities within the calendar year, after his medical expenses are reimbursed by basic medical insurance and the major illness insurance;

  5. The recipient of medical aid for the most serious diseases shall receive medical aid to pay for the portion that is to be borne by himself in accordance with the pertinent regulations of this Municipality, after his medical expenses spent within the current calendar year for outpatient or hospitalization treatment of the designated diseases are refunded by the basic medical insurance, major disease insurance and the aid provided by Item 4 of this paragraph.

    Article 27  Where a person is designated to be covered by medical aid but is not covered by the basic medical insurance, the Municipal civil department and Association of the Handicapped shall undergo the procedure for him to be covered by basic medical insurance which shall entitle him to medical aid from the day he starts to enjoy the basic medical insurance for urban and rural inhabitants; persons that are already covered by the basic medical insurance and entitled to the benefits of basic medical insurance shall starts to get medial assistance from the next month after he is determined as a medical aid .

    Article 28  This Municipality installs a disease emergency response system and continues to improve it by which to offer emergency medical aid to a patient suffering from acute and serious illness but whose identity is not determined or who is unable to pay for the emergency medical fees. The first aid fees that meet the requirement shall be borne by the illness emergency aid fund installed in this Municipality.

     

    Chapter VI  Educational Aid

     

    Article 29  The Municipal, district and county people’s government shall install a educational assistance mechanism and constantly improve it to help members of the minimum living guarantee family, the neediest, the handicapped children that are incapable of attending school for compulsive education and the handicapped high school students in their education in accordance with related state and Municipal stipulations.

    Article 30  The educational aid shall take the form of reducing fees, issuance of study allowances, providing living expenses and arrange for them to take part in the part time job depending on the needs of different stages of education, which includes:

    1. Providing fixed amount of allowance to kindergarteners that are covered by the preschool educational aid program;

    2. Providing rent allowances for students of public school that need to live on campus to receive compulsory education; providing at-home education to seriously handicapped school age students that are capable of receiving compulsory education but cannot make it to school.

    3. Waiving the tuition fees for those who study at public high schools; waiving tuition fees and rent and providing free textbooks for the handicapped high school students at the special education school or common and public high schools.

    4. Reducing tuition fees by half for those who study at a public colleges and universities;

    5. Other educational aid that meet the requirements of the state and this Municipality

      Article 31  To apply for educational aid, one shall submit an application at one’s school in accordance with state and Municipal regulations and undergo the procedure of examination and approval before it is accepted, the school shall be responsible for implementation of the aid according to the state and Municipal regulations. 

       

      Chapter VII  Housing Aid

                                                                                        

      Article 32  This Municipality provided housing aid to the minimum living guarantee families and the neediest living at home.

      Article 33  The housing aid shall be in the form of allocating public housing for rent, issuance of rent allowances and renovation of the rural dilapidated housing.

      Article 34  The standard of difficulty in housing shall be determined and announced by the Municipal government in light of the level of development of national economy and society, property price and per capita living space, and be adjusted in a timely manner.

      The application and approval procedure of housing aid shall follow the pertinent regulations of the state and this Municipality.

       

      Chapter VIII  Employment Aid

       

      Article 35  This Municipality provides employment aid to the members of minimum living guarantee family that are within the legally instituted labor age, have the ability to work and are in the state of unemployment.

      Article 36  Governments at all levels shall implement the policy to help employment and give priority to and focus on the persons that need help in the form of interest reduced loans, social security allowances, allowances for work post and training, reduction of fees, offering of government- financed work posts, providing employment guidance and employment information, organizing skills training etc.

      Article 37  Anyone that applies for employment aid shall submit the application to employment agency of the township people’s government, sub-district office or community where he resides, and shall be accepted as entitled to employment aid after confirmation.

      The public employment agency shall register the persons requiring aid in the area under its jurisdiction and set up a special account for person to person help so as to ensure that at least one person of the family requiring help is employed.

      Article 38  The unit that hires a person on the employment aid list and signs an employment contract with him shall be entitled to work post subsidies and social security subsidies in accordance with Municipal regulations; where the person on employment aid list is self-employed he shall be entitled to social security subsidy for flexible employment in accordance with Municipal regulations.

      Article 39  Members of minimum living guarantee family that are within the legally instituted labor age, have the ability to work but are unemployed shall accept the job offered by the human resources and other related department and take part in the training program for the new job. Where anyone declines the job thus offered that is suitable to his health and ability to work for three times continuously, without justifiable reasons, the district or county civil department shall decide to reduce or stop issuing the money for minimum living guarantee to him.

       

      Chapter IX Ad hoc Aid

       

      Article 40  This Municipality provide emergency, lump sum ad hoc aid to a family or individual that encounters temporary serious difficulty in basic living needs due to fire, traffic accident, major illness or other special reasons which leads to serious difficulty in daily life beyond the reach of the other social aid programs. The same kind of aid shall also be provided to a family or individual that has already be aided but still suffers from temporary serious difficulty in basic living needs.

      Article 41  The determination of, and concrete measures for helping the persons to receive ad hoc aid shall be worked out by the Municipal, district or county civil department and constantly improved, which are then submitted to the people’s government of the same level for ratification before it is announced and implemented.

      The ad hoc aid may be in the form of issuance of ad hoc aid money or materials or provision of service.

      Article 42  The applicant with permanent residence of this Municipality shall submit his application to the township people’s government or the sub-district office of his permanent residence for ad hoc aid. Where the situation is urgent he may apply to the township people’s government or sub-district office where he resides. Applicants with no permanent residence of this Municipality shall apply to the township people’s government or sub-district office where he lives for ad hoc aid.

      The procedure of examination and approval of the application for ad hoc aid shall follow pertinent state or Municipal regulations. Where an urgency requires an immediate action to avoid unrecoverable loss or un-remedied consequences, the apartment which receive the request may issue aid first and accomplish the examination and approval procedure later.

      An applicant that applies repeatedly for ad hoc aid without justifiable reasons the related department shall not provide aid.

      Article 43  Where functionaries of pubic security institution or other administrative departments finds roamers or beggars while performing public duties, he shall inform the person concerned that he may apply for help at the aid agency. As for the handicapped, juveniles, elderly and other incapacitated, they shall timely guide or accompany them to the aid agency. Where a person suffers from acute illness they shall inform the first-aid institution for immediate medical care. Where a suspected insane roamer or beggar is found and his immediate relative cannot be contacted, the civil department shall accost him to the medical institutions for diagnosis for insanity.

      This Municipality installs a aid fund for helping roamers and beggars, which are to be put to use in offering livelihood aid, medical care, educational aid, help for returning them home and finding temporary settlement for them.

       

      Chapter X  Social Participation

       

      Article 44  Unit and individuals are encouraged to participate in social aid by way of donation, creating aid projects, starting service institutions and providing voluntary services.

      Charity organizations and other social sectors are encouraged, supported and guided to carry out charity activities with the focus of helping the poor and alleviating difficulty so as to promote the effective like up and mutual supplement in function between charity cause and social aid.

      Broadcasting, television, the internet, newspapers and other media shall conduct nonprofit publicity of social aid to guide the public to pay attention to, participate in or support social aid efforts.

      Article 45  The Municipal. district or county people’s government may buy service from social sectors for social aid program by means of entrustment, contract or purchase.

      The Municipal, district or county people’s government shall compile and announce a list of service items to be purchased by the government from social sectors and install an operational system for the appraisal, examination, competition and exit by social sectors for social aid projects.

      Article 46  The social aid administrative department and its affiliated offices shall offer mechanisms and channels for social sectors to join social aid, announce lists of social aid projects and needs timely so as to create favorite conditions and convenience for social sectors.

      Social sectors that engage in social aid shall join forces with social aid administrative department or other offices and timely provide information on how the aid project works.

       

      Chapter XI  Supervision and Administration

       

      Article 47  The social aid administrative department shall, as required by the demand of publication of governmental information, timely announce the social aid related plans, policies, measures and progress that department engaged in.

      Article 48  Where it is difficult for the applicant to find the right department to apply social aid, he may seek assistance at the social aid office of the township people’s government, the sub-district office, the county or district civil department. The latter shall, upon receiving the request, timely handle the case or transfer the request to other social aid department for handling.

      Article 49  The applicant or the family or individual that has already received social assistance shall fulfill the following obligations:

  1. Making a pledge that the information provided is true, complete, and valid; where the information changes, he shall inform the related department immediately.

  2. Undergoing the procedure of entrusting others to verify information on  number of people, income, property and housing of the family; and

  3. Making clear when the applicant has an immediate relative working as social aid functionary, or in villagers committee or neighborhood committee;

    Article 50  The Municipal civil department shall set up a platform for verifying the information of social aid objects so as to serve as the base for examining, verifying and determining the objects for social aid.

    Article 51  The social aid administrative department, township people’s government, sub-district office may, in the process of verifying, in accordance with law, of the economic condition of the persons applying for or receiving aid and of performing their duties, read, record, replicate information concerning social aid, ask units or individuals involved in social aid to provide explanations of a situation and related evidence. The related units or individuals shall render cooperation and provide truthful information.

    Where a person on aid program no longer satisfies the conditions for aid the related department shall, in accordance with relevant state and Municipal regulation, stops his aid.

    Article 52  Social aid administrative department, township people’s government, sub-district office shall upgrade the rip-off, complaint and checkup system, open wide the channel for rip-offs and complaints and verify and handle the rip-offs and complaints in a timely manner.

     

    Chapter X II   Legal Liability

     

    Article 53  Where anyone takes, reduces, embezzles or divides up for his own use the aid funds and materials, the related department shall order him to return it; where illegal gains are involved, they shall be confiscated. The person who are in charge and other persons who are directly responsible shall be sanctioned according to law. Where the offense constitutes a crime, the related person shall be investigated for criminal responsibilities.

    Article 54  Where anyone cheats by means of falsification, concealment or fabrication to obtain aid funds, materials or services, the related department shall deny him of social aid, order him to return all the illegally obtained aid funds and materials and may impose on him a fine one to three times the value of the above-mentioned aid funds and materials.

    Where anyone that asks for social aid by means of making trouble without any reason, of threat and violence that constitute an act of violating the public security administration, he shall be penalized according to public security administration law.

    Article 55  Where a social aid department or any other related department or any of the functionaries of these departments fails to fulfill the duties and obligations of social aid administration, neglects its or his duties and responsibilities, abuses its or his powers and resorts to malpractice for selfish gains, the competent administrative department of the next higher department or supervisory department shall order it or him to make corrections and the person who are directly in charge  or other persons who are direct responsible shall be sanctioned according to law.

     

    Chapter XIII  The Supplementary Provision

     

    Article 56  These Measures shall become effective as of July 1,2016.

     

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