(Promulgated by Decree No. 158 of Jilin Provincial People's Government on April 6, 2004)
Article 1. These Measures are formulated for the purposes of regulating the provincial system of urban residents' minimum security of living, safeguarding the basic living of urban residents, in accordance with the State Council's Regulations on Urban Residents' Minimum Security of Living and in the light of the actual circumstances of this province.
Article 2. "The system of urban residents' minimum security of living" referred to in these Measures means the social relief system of implementing differential helps to the urban residents whose average income per family member is below the local minimum security standards of living.
Article 3. These Measures shall apply to the minimum security of living of the urban (including townships)residents with the non-agricultural household registration within the administrative division of this province.
Article 4. The system of urban residents' minimum security of living shall abide by the following principles:
(1)Safeguard the basic living;
(2)Open, Fair and Just;
(3)Safeguarding level shall correspond with the development level of economy and society;
(4)Combine the state's security with social helps;
(5)Encourage to provide and help oneself by labor; and
(6)Possessive administration.
Article 5. The civil affairs departments of the people's governments at the county level, their sub-district offices and the people's governments at the town level (hereinafter jointly referred to as the administration and approval organs) shall be responsible for the detailed work of the administration, examination and approval of urban residents' minimum security of living.
The neighborhood (community) committees may undertake the daily administration and service of urban residents' minimum security of living entrusted by the administrative and approval organs.
Article 6. As for the difficulties like re-employment, going in for individually-owned business, children's education, medical treatment, heating in Winter faced by the personnel who enjoy the urban residents' minimum security of living, the relevant departments like labor and social security, industry and commerce administration, tax affairs, education, sanitation, construction should formulate the relevant policies, adopt measures to give them help and consideration.
Article 7. The standards for the urban residents' minimum security of living shall be determined by the civil affairs departments together with the departments and organizations of finance, statistics, pricing, education, sanitation and trade unions in the light of the necessary expenses paid for supporting the local urban residents' basic living.
Urban residents' minimum living security standards may be adjusted in proper time according to the local economic development and financial capacity, and the circumstances of price fluctuation.
The local people's governments shall publicize the standards of urban residents' minimum security of living through press media timely after they have been fixed.
Article 8. Urban residents who apply for the minimum security of living treatment should offer exactly how their things stand about the actual circumstances of their family incomes to the administration and approval organs.
Urban residents' family incomes mean the sum, total of the incomes of cash and physical objects gained by their family members living together, including the following:
(1)Salaries, bonus, allowances, subsidies and other remuneration from work;
(2)Retirement pensions and all kinds of drawn insurance benefits;
(3)Savings, deposits, share and other negotiable securities and interests;
(4)Proceeds from leasing or sale of their family assets;
(5)Alimony, the cost of support and the cost of upbringing pension that the legal provider, supporter and fosterer must give;
(6)Heritage inherited and donation accepted; and
(7)Other family incomes, which must be included, confirmed by the civil affairs departments of the people's governments at the county level and upwards.
Article 9. If there exist the members with non-agricultural household registration and the members with agricultural household registration in a family, the members with non-agricultural household registration shall be given the minimum security of living only. As for the incomes from the family members with agricultural household registration, which have the labor ability, shall be included in the family income.
Article 10. The following incomes shall not be included in the family incomes:
(1)Premiums granted by the government for special contributions to the State, the society and the people; honor allowances enjoyed after retirement by above-province-level model workers;
(2)Pensions, subsidies, preferential benefits and nursing fees enjoyed by those given special care;
(3)Subsidies given by the government and the society to help the students at school to overcome difficulties;
(4)Temporary relief payment for living given by social organizations and individuals;
(5)Nursing fees for the employees injured on duty and one-time pension enjoyed by the relatives of deceased employees;
(6)Family allowances of resettling in an alien land;
(7)Incumbent employees' public housing accumulation funds and all kinds of social overall insurance premiums paid by their work units according to relevant provisions; and
(8)Other income, which may not be included in family incomes, confirmed by the civil affairs departments of the people's governments at the county level and upwards.
Article 11. The funds needed by the urban residents' minimum security of living shall be listed into the financial budgets by the local people's governments, and shall be specially administered, and earmarked for the specified purpose.
The civil affairs departments at all levels must propose next year's funds plans for the urban residents' minimum security of living before the year-end of every year, and shall be listed into financial budgets after examined and verified by the financial departments at the same level. The financial departments shall allocate the funds into the special subsidy accounts of financial and social security season by season in accordance with the budget plans made up by the approved departments, and shall allocate the funds into the financial and special accounts of the funds of the urban residents' minimum security of living monthly for ensuring the payment of security fees timely.
Article 12. The financial departments at all levels should properly arrange the necessary working funds for the urban residents' minimum security of living according to their local actual circumstances of the work of the urban residents' minimum security of living, to ensure the normal development of the work.
Article 13. The urban residents who apply for enjoying the treatment of the urban residents' minimum security of living should submit the following materials:
(1)Application letter;
(2)Fill in the Examination and Approval Form of the Treatment of the Urban Residents' Minimum Security of Living of Jilin Province offered free by the administration and approval organs, in accordance with the stipulations;
(3)Household register book and residents ID cards (for the use of examination) as well as their duplicate ones;
(4)Income certificates; and
(5)Issue other correlative certificates stipulated by laws, regulations and rules.
Organs, enterprises, institutions and social organizations have the duty to issue true and accurate income certificates truly and exactly for their hard-up employees.
Article 14. Those applying for the treatments of the urban residents' minimum security of living should apply to the urban sub-district offices or the people's governments at the town level, where the household registered residence is located, together with the materials listed in Article 13 of these Measures. The administration and approval organs shall inspect, verify and confirm the applicants' family financial conditions and actual living standards.
As for the applicants whose family incomes are not fixed, they shall be calculated in accordance with the incomes of the latest six months as of the date of the application. As for the one-time income and the seasonal income, they shall be shared into the six months to calculate.
As for the applicant families of which the members are flexible employees, their incomes shall be confirmed in accordance with the measurement standards of industrial income fixed by the local people's governments.
Article 15. In the process of verifying and confirming, the administration and approval organs should make the appliances' income conditions public in a bulletin of community over 7 days. If there is no disagreement, they shall be issued free the Certificate of the Urban Residents' Minimum Security of Living, the safeguarding objects may get their security funds with the certificates and their own ID cards. If there is disagreement, the administration and approval organs shall verify; as for those not belong in the scope of enjoying the treatments of the urban residents' minimum security of living, they shall be corrected.
Article 16. The treatments of the urban residents' minimum security of living shall be issued monthly in the form of money according to the standards stipulated by the financial organs entrusted by the civil affairs departments of the local people's governments. If there are serious disabled persons, dangerous cases, the old over the age of 70 (including 70), in-school students, single-parent children, orphans in the families of enjoying the treatments of the urban residents' minimum security of living, and after being confirmed by the administration and approval organs, they shall be safeguarded classifiedly and added suitable allowances.
The treatments of the urban residents' minimum security of living also may be issued in the form of material objects (grain, oil and other necessaries of life)in accordance with the detailed circumstances of the safeguarded objects, after being approved by the people's governments at the county (city, district)level.
Article 17. As for those who have enjoyed the treatments of the urban residents' minimum living security treatment, the administration and approval organs should register for them, implement a kind of dynamic administration, perfect the issuing procedures, set up and improve the files of safeguarded objects.
Article 18. The safeguard objects of enjoying the treatments of the urban residents' minimum security of living should fulfill the following obligations during the period of enjoying the treatments of the urban residents' minimum security of living:
(1)When the population and actual incomes have changed, they should inform the administration and approval organs within 7 days through the neighborhood (community) committees;
(2)The safeguard objects should introduce their circumstances strictly according to the facts when the administration and approval organs examine and verify their credentials regularly;
(3)Those of employment age and of labor capacity must take the initiative to get a job or accept the job offered by relevant departments, and they must submit the certificates of employment state issued by relevant departments to the sub-district offices or the town people's governments through their neighborhood (community)committees, and report their employment situation;
(4)Those of employment age and of labor capacity but out of work yet should take part in the community public-welfare services arranged by their neighborhood (community) committees; and
(5)Other obligations stipulated by laws and regulations.
Article 19. As for the organizations and individuals who make outstanding achievements in the work of the urban residents' minimum security of living, the people's governments at their county level and upwards or their higher civil affairs departments shall give them commendation or rewards.
Article 20. As for the urban residents enjoying the urban residents' minimum security of living, who are of employment age and of labor capacity, and refuse twice the introductions introduced by their relevant departments to get a job without proper reasons within half a year, they shall be cancelled the rights of enjoying the treatments of the urban residents' minimum security of living.
As for the urban residents who have been cancelled the rights of enjoying the treatments of the urban residents' minimum security of living, administration and approval organs should withdraw their certificates of the Jilin Urban Residents' Minimum Security of Living.
Article 21. Those personnel going in for the administration and approval work of the urban residents' minimum security of living and having any of the following behaviors shall be given criticism, education, and disciplinary sanctions according to law; where a crime is constituted, the offenders shall be investigated for their criminal responsibilities according to law:
(1)Those refuse to sign the agreements of enjoying the treatments of the urban residents' minimum security of living for the families which tally with the conditions of enjoying the treatments of the urban residents' minimum security of living; or intentionally sign the agreements of enjoying the treatments of the urban residents' minimum security of living for the families which fail to tally with the conditions of enjoying the treatments of the urban residents' minimum security of living; and
(2)Those ignore their duties, indulge in malpractice; or embezzle, divert, withhold, default the funds and goods of the urban residents' minimum security of living.
Article 22. As for the urban residents of enjoying the treatments of the urban residents' minimum security of living, having any of the following acts, the civil affairs departments of the people's governments at the county (city, district)level shall give them criticism, education or warning, retrieve the funds and goods of the urban residents' minimum security of living falsely claimed by them; where the circumstances are odious, those residents shall be imposed a fine of 1 to 3 times as much as the falsely claimed amount:
(1)Those adopting the measures of making a false report, hiding and forging to defraud the enjoyment of the treatments of urban residents' minimum security of living; and
(2)Those whose conditions of family income are better than before during the period of enjoying the treatments of the urban residents' minimum security of living but fail to report to administration and approval organs according to stipulations and continue to enjoy the treatments of the urban residents' minimum security of living.
Article 23. The samples of the Form of the Examination and Approval of the treatment of the Urban Residents' Minimum Security of Living of Jilin Province and the Certificate of the Urban Residents' Minimum Security of Living of Jilin Province shall be regulated unifiedly by the provincial civil affairs department.
Article 24. These Measures shall become effective as of the date of June 1, 2004.
吉林省实施《城市居民最低生活保障条例》办法