Laws of the Guangdong Province

Measures of Shenzhen Municipality on the Minimum Living Guarantee of Urban and Rural Residents

(Promulgated by Decree No.110 of the Shenzhen Municipal People' s Government on January 18, 2002)

Article 1 In order to normalize the system of minimum living guarantee of urban and rural residents of Shenzhen Municipality, guarantee the basic life of residents, these measures are formulated in accordance with the provisions of relevant laws and regulations as well as the actual circumstances.

Article 2 The resident with the registered permanent residence in this Municipality may apply for the treatment of resident minimum living guarantee, if the per capita income of his family members living together is below the resident' s minimum living guarantee standard in this Municipality.

These rules are applicable to the application, examination and approval, enjoyment and management of the treatment of resident minimum living guarantee.

The temporary relief to resident shall follow relevant laws, regulations and rules.

Article 3 The system of minimum living guarantee of resident shall observe the principles of guarantying the basic living of residents and combining the national guarantee with the social assistance, and shall encourage selfhelp through work.

Article 4 People' s governments at all levels shall be responsible for the work of minimum living guarantee of residents. The municipal and district civil departments shall be responsible for organizing and implementing the work of minimum living guarantee of residents within their administrative divisions. Other departments shall be responsible for relevant work of minimum living guarantee of residents within their respective functions and duties.

The subdistrict office (people' s government of town) and the urban residents' (villagers' ) committee shall be responsible for implementing the work of minimum living guarantee of residents concretely under the direction of civil departments.

Article 5 The resident minimum living guarantee standard, which shall be within the limit of keeping the minimum life of residents in this Municipality, shall be drawn up by the municipal civil department together with the department of finance, statistics and price, and shall be promulgated for enforcement after being approved by the municipal people' s government.

The minimum living guarantee standard of residents shall be periodically adjusted according to the variety in the price of living necessities and the conditions of people' s living level in this Municipality.

Article 6 The capitals needed for the minimum living guarantee of residents shall be listed into the municipal or district annual financial budget, be brought into the expenditure of the special fund of social relief, be managed specially and be allocated for specified purpose. No one may embezzle them.

Article 7 If the resident applies for the treatment of minimum living guarantee, his family as a unit shall file the application to the urban residents' (villagers' ) committee where his residence locates, fill in the Application Form of the Minimum Living Guarantee Money of Urban and Rural Resident (hereinafter referred to as the application form), and deliver the certification and materials concerning the registered permanent residence and family income.

The unemployed applying for the treatment of minimum living guarantee shall provide relevant certificate issued by the department of labor.

Article 8 The urban residents' (villagers' ) committee, subdistrict office (people' s government of town) and the civil department shall investigate the family income and registered permanent residence of the applicant after receiving the application according to their functions and powers. The investigated family member shall accept the investigation and provide true informations. Other relevant unit, organization or individual shall assist the investigation.

If the applicant or his family member fails to assist or refuses the investigation, the application shall be considered to be given up.

Article 9 The family income of the applicant refers to the sum total of incomes of currency and reality earned by all family members who have legal relationship of support, aliment and maintenance, which include the following incomes:

(1) wages, bonuses, allowance, subsidy and other incomes from labor;

(2) collective distribution and the production incomes of agriculture and sideline;

(3) incomes from heirdom, acceptance of donation, interest, bonus, hire and so on;

(4) social insurance money, cost of maintenance, alimony and other welfare incomes;

(5) other incomes that shall be listed into the incomes of family members as provided in laws, regulations and rules.

The following incomes shall not be listed into the family income:

(1) pension or subsidy of the people subject to special care who enjoy the special bonus according to relevant provisions of the state;

(2) lump-sum award given by the people' s government of county or higher level;

(3) one-child allowance;

(4) funeral allowance.

Article 10 If an applicant is involved in one of the following circumstances, his application shall not be approved:

(1) his family owns mobile telephone, motorcycle, air-conditioning or other high-grade consumer goods that are not necessary for life, or more than 3,000 yuan of bank deposit and negotiable security;

(2) it is less than 5 years since the applicant purchased the commercial house or built the house by himself, or it is more than 5 years, but the per capita usable floorage of family exceeds the per capita usable floorage of this city;

(3) it is less than 8 years since the applicant purchased the house and obtained the registered permanent residence;

(4) the applicant has violated relevant provisions of birth control, and has not paid the social alimony;

(5) the applicant has reached the legal working age and has the ability to work, but he fails to obtain employment or work without reasonable reason, or fails to accept the training organized by the labor department, or has refused the work recommend by relevant departments for twice;

(6) the per capita income of the family is bellow the minimum living guarantee standard, but the family has other income sources and can maintain the minimum living level.

Article 11 The urban residents' (villages' ) committee shall check the applicant' s family economic situation and actual living standard, sign its opinion and submit it to the subdistrict office (people' s government of town) for examination and approval within 5 working days from the date on which the applicant' s application and certification materials are received. If the applicant' s registered permanent residence and habitation do not locate at the same street or town, the period may be properly extended, but may not exceed 10 days at the longest.

If the applicant' s registered permanent residence and habitation do not locate at the same subdistrict (people' s government of town), the urban residents' (villagers' ) committee receiving the application shall request the urban residents' (villagers' ) committee of the applicant' s habitation to assist the investigation. The requested urban residents' (villagers' ) committee shall complete the investigation within 5 working days.

The urban residents' (villagers' ) committee may check the applicant' s family economic situation and actual living standard through posting the applying materials for public attention, investigating at the household, visiting the neighborhood or other ways.

Article 12 The subdistrict office (people' s government of town) shall examine and verify the applicant' s family income, sign opinion and submit it to the district civil department for examination and approval within 10 working days.

Article 13 The district civil department shall decide whether to approve the application or not within 10 working days.

If the civil department decides to approve, it shall determine the minimum living guarantee money and make 5 copies of written decision. One shall be submitted to the superior civil department for record. One shall be preserved and kept on file. One shall be served on the applicant together with the Certificate for Drawing the Minimum Living Guarantee Money of Urban and Rural Residents (hereinafter referred to as the Drawing Certificate). The other two shall be served on the subdistrict office (people' s government of town) and urban residents' (villagers' ) committee that the applicant belongs to.

If the civil department decides to disapprove, it shall inform the applicant and state the reasons in writing.

Article 14 The district civil department shall determine the minimum living guarantee money of the guaranteed person according to the following standards:

(1) for the resident having no source of income, no ability to work, and no legal supporter, maintainer or alimenter, the minimum living guarantee money shall be determined according to the minimum living guarantee standard of this Municipality;

(2) for other residents, the minimum living guarantee money shall be the difference between the per capita income of family and the minimum living guarantee standard of residents of this Municipality.

Article 15 For the guaranteed persons enjoying the treatment of minimum living guarantee, the civil department shall deal out the minimum living guarantee money on schedule; For the guaranteed persons who are receiving the compulsory education, the department of education shall reduce or remit the tuition and incidental expenses; For the guaranteed persons who have reached the legal working age and have work ability, the labor department shall preferentially recommend them to get jobs under the same conditions; The department of health and housing shall give necessary consideration to the guaranteed persons in the aspects of medical treatment, housing and so on.

Article 16 The period for the guaranteed persons to enjoy the treatment of minimum living guarantee shall be 6 months, which shall be calculated from the month when the application is approved; For the guaranteed persons having no source of income, no work ability, and no legal supporter, alimentor or maintainer, the period for them to enjoy the minimum living guarantee shall be calculated from the month when the application is approved to the date when the conditions for them to enjoy the treatment disappear.

If the period for a guaranteed person to enjoy the treatment expires, while he still needs to obtain the minimum living guarantee, he shall reapply within 30 days before the period expires. If the application is approved, the minimum living guarantee money shall be continuously dealt out to him.

Article 17 The minimum living guarantee money of residents shall be dealt out by the subdistrict office (people' s government of town) every month according to provisions.

The guaranteed persons shall hold the Drawing Certificate, identification card and residence booklet to draw the guarantee money at the subdistrict office (people' s government of town) at the prescribed date; For the guaranteed persons having no source of income, no work ability, and no legal supporter, alimentor or maintainer, the subdistrict (people' s government of town) that they belongs to shall deal out the guarantee money to themselves.

Article 18 When a guaranteed person enjoys the treatment of minimum living guarantee, he shall perform the following obligations:

(1) if capita income of his family change, he shall inform the subdistrict (people' s government of town) in time through the urban residents' (villagers' ) committee and go through the formalities of adjusting the amount of guarantee money or suspending dealing out the guarantee money;

(2) if his registered permanent residence moves within the administrative area of this Municipality, he shall go through the formalities of drawing and transferring of the guarantee money at the district civil department where the original registered permanent residence is located;

(3) if he has reached the legal working age and has the work ability, he shall actively get job, participate in the career training held by the labor department and receive the employment recommended by relevant departments;

(4) if he has reached the legal working age and have the work ability, but fail to obtain employment after being recommended by relevant departments, he shall participate in the public welfare labor organized by the subdistrict office (people' s government of town) or the urban residents (villager' s) committee that he belongs to.

Article 19 The civil department, subdistrict office (people' s government of town) and urban residents' (villagers' ) committee shall exercise dynamic administration to the guaranteed person, and go through the formalities of decreasing or increasing the minimum living guarantee money or suspending enjoying the treatment of minimum living guarantee in time according to the variation in the circumstances of the guaranteed person.

Article 20 The subdistrict office (people' s government of town) shall take proper forms to post the name list of the guaranteed person whose families as units enjoy the treatment of minimum living guarantee as a unit for public attention at the urban residents' (villagers' ) committees that they belong to, so as to receive the supervision of the mass.

Any unit or individual who believes that a certain guarantee person doesn' t accord with the legal conditions, has the right to give an objection to the subdistrict office (people' s government of town) or civil department. The civil department shall complete the examination and verification within 20 working days from the date on which the objection is received. If the objection is tenable, the civil department shall make a correction.

Article 21 If a guaranteed person enjoying the treatment of minimum living guarantee violate the provisions of these rules, the district civil department shall punish him according to the following provisions:

(1) if he obtains the approval and draw the minimum living guarantee money by playing tricks, concealing, forging and so on, he shall be warned, recover the guarantee money that he has already drawn; If the circumstances are absolutely vile, he shall be fined more than 2 times but less than 5 times of the amount of money that he has already drawn;

(2) if he fails to perform the obligations provided in Article 18 of these rules, he shall be warned, and the minimum living guarantee money shall be suspended dealing out.

Article 22 If a staff member engaging in the administrative work of minimum living guarantee of residents or other relevant person conducts one of the following acts, the unit or department that he belongs to or the superior department shall criticize and educate him, and give an administrative punishment to him according to law; If the case constitutes a crime, he shall be investigated for criminal responsibilities according to law:

(1) violating legal provisions of conditions to examine and approve;

(2) issuing false certificates or materials to the persons guaranteed for minimum living;

(3) neglecting his duties, playing irregularities for favoritism, or corrupting embezzling, withholding or being in arrears with the resident' s minimum living guarantee money.

Article 23 If a resident is not satisfied with the decision on disapproving or suspending enjoying the treatment of minimum living guarantee or the decision on decreasing or suspending dealing out the minimum living guarantee money, or the administrative punishment made by the civil department, he may apply for administrative review according to law; If he is not satisfied with the review decision yet, he may file a administrative lawsuit according to law.

        Article 24 These rules shall go into effect as of March 1,2002.