Minimum Living Guarantee For Urban Residents

Article 1 These Regulations are formulated for the purpose of standardizing the minimum living guarantee system for urban residents and ensuring the basic life of urban residents.

Second urban residents holding non-agricultural household accounts, who have less income per household than those of the local urban residents, have the right to obtain basic life material assistance from the local people's government.

The income referred to in the preceding paragraph refers to all monetary income and physical income of family members who live together, including alimony, alimony or maintenance payments provided by legal dependants, dependants or dependants, excluding the pensions and subsides enjoyed by the preferential treatment in accordance with the state regulations.

The third minimum living guarantee system for urban residents follows the principle of guaranteeing the basic life of urban residents, and persists in the policy of combining state guarantees with social assistance and encouraging labour to help themselves.

The fourth urban residents' minimum living security system is responsible for the system of local people's governments at all levels.

The Civil Affairs Department of the local people's governments at or above the county level shall be responsible for the management of the subsistence allowance for urban residents in their respective administrative areas; the financial departments shall implement the minimum living guarantee funds for urban residents according to the provisions; statistics, price, auditing, labor security and personnel departments shall be responsible for the work, and shall be responsible for the work related to the minimum living security of urban residents within their respective responsibilities.

The civil affairs departments of the people's governments at the county level, the neighborhood offices and the town people's governments (hereinafter referred to as the administrative approval organs) are responsible for the specific management and examination and approval of the minimum living guarantee for urban residents.

In accordance with the entrustment of the management and examination and approval authorities, the residents committees can undertake daily management and service work of the minimum living guarantee for urban residents.

The Civil Affairs Department of the State Council is responsible for the management of the minimum living guarantee for urban residents throughout the country.

The fifth municipal residents' minimum living guarantee funds shall be included in the budgets of the local people's governments, and shall be included in the expenditure items for special funds for social relief, with special management and earmarked for special purposes.

The State encourages social organizations and individuals to provide donations and subsidies for the minimum living guarantee for urban residents. All the donations and grants provided are included in the minimum living security fund for local urban residents.

The sixth minimum standard of living for urban residents shall be determined according to the cost of clothing, food and housing necessary to maintain the basic livelihood of the urban residents, and the cost of water and coal (gas) and the compulsory education expenses of minors shall be properly considered.

The minimum standard of living for urban residents in municipalities directly under the central government or municipalities directly under the central government shall be formulated by the Civil Affairs Department of the Municipal People's Government in conjunction with the departments of finance, statistics, prices, etc., and shall be reported to the people's government at the corresponding level for approval and promulgation and execution. The minimum living standard for urban residents in county (county level cities) shall be formulated by the Civil Affairs Department of the people's Government of a county (county level), together with the departments of finance, statistics and price, etc., and shall be reported to the people's government at the corresponding level for approval and submitted to the people's government at the next higher level for record and execution.

When the standard of minimum living standard for urban residents needs to be raised, they should be re approved in accordance with the provisions of the preceding two paragraphs.

The seventh is to apply for the minimum living guarantee for urban residents. The household will submit a written application to the neighborhood offices or the people's Government of the household registration office, and issue relevant proof materials, and fill in the "approval form for the minimum living guarantee for urban residents".

The minimum living guarantee for urban residents shall be initially examined by the subdistrict offices or town people's governments of their locality, and the relevant materials and preliminary opinions shall be submitted to the Civil Affairs Department of the people's government at the county level for examination and approval.

In order to examine and approve the minimum living allowance for urban residents, the management and approval authority can investigate and verify the applicant's family economic status and actual living standards through household surveys, neighborhood visits and letters and evidence.

Applicants and relevant units, organizations or individuals should be investigated and provide relevant information faithfully.

After examining the eighth civil affairs departments of the people's governments at the county level, the families who meet the conditions of enjoying the minimum living guarantee for urban residents shall distinguish between the following situations and approve their enjoyment of the minimum living security for urban residents:

(1) urban residents who have no source of livelihood, no ability to work, and can not set up dependants, dependants or dependants shall be granted full enjoyment in accordance with the minimum standard of living for local urban residents.

(two) the urban residents who have certain incomes are allowed to enjoy the difference according to the difference between the per capita income of their families and the standard of the minimum living standard for the local urban residents.

After examining the civil affairs departments of the people's governments at the county level, they shall notify the applicant in writing and explain the reasons for failing to meet the conditions for enjoying the minimum living guarantee for urban residents.

The administrative examination and approval authority shall go through the examination and approval procedures within 30 days from the date of receipt of the applicant's application.

The minimum living allowance for urban residents shall be paid monthly by the management and examination and approval authority in the form of currency. If necessary, it can also be paid in kind.

Article ninth urban residents who have been granted the minimum living allowance for urban residents who are granted permission to enjoy the minimum living guarantee treatment shall be given the appropriate form by the management and examination and approval organs, and the households shall be published as units and subject to the supervision of the masses.

Anyone who enjoys the minimum living guarantee for urban residents who does not meet the statutory conditions shall have the right to submit opinions to the management and examination and approval organs; the administrative examination and approval organs shall, after verification, substantiate the situation, and correct them.

Tenth, if the per capita income of urban residents who enjoy the minimum living security benefits of urban residents change, they should inform the management and approval organs in time, and handle the procedures for stopping, reducing or increasing the minimum living guarantee for urban residents.

The administrative examination and approval authority shall regularly check the household income of urban residents who enjoy the minimum living guarantee for urban residents.

In the age of employment, urban residents who have the ability to work but have not yet been employed should participate in the public welfare community service work organized by the residents' committees when they enjoy the minimum living guarantee for urban residents.

The eleventh local people's governments at all levels and their relevant departments should give necessary support and care to urban residents who enjoy the minimum living guarantee for urban residents in terms of employment and self employment.

The twelfth financial departments and auditing departments shall supervise the use of the minimum living security funds of urban residents in accordance with the law.

Thirteenth persons engaged in the examination and approval of the minimum living guarantee management of urban residents shall be criticized and educated and given administrative sanctions according to law. If a person commits a crime, he shall be investigated for criminal responsibility according to law.

(1) to refrain from signing or consent to enjoy the opinion of the minimum living guarantee for the urban residents who are eligible for the minimum living guarantee treatment for urban residents, or to deliberately consign the consent of the families who do not meet the minimum living guarantee treatment conditions of the urban residents to enjoy the opinions on the minimum living guarantee for urban residents;

(two) dereliction of duty, malpractices for selfish ends, or embezzlement, appropriation, detention or arrears of subsistence allowance for urban residents.

Fourteenth urban residents who enjoy the minimum living guarantee for urban residents shall be criticized or warned by the Civil Affairs Department of the people's government at the county level to recover their fake urban residents' subsistence allowance. If the circumstances are bad, they shall be fined 1 times or more than 3 times.

(1) defrauding the enjoyment of the minimum living guarantee for urban residents by means of falsification, concealment and forgery;

(two) during the period of enjoying the minimum living guarantee for urban residents, the family income will be improved, and the management and examination and approval organs should not be informed according to the regulations, and the urban residents' subsistence allowance will continue to enjoy.

Fifteenth city residents may not apply to the Civil Affairs Department of the county people's government for approving the decision to enjoy the minimum subsistence allowance for urban residents, or to reduce or stop the decision of subsistence allowance for urban residents, or to impose administrative penalties. They may apply for administrative reconsideration according to law. If they refuse to accept the decision of reconsideration, they may file an administrative lawsuit in accordance with the law.

Sixteenth people's governments of provinces, autonomous regions and municipalities directly under the central government may, according to these regulations, stipulate the methods and procedures for implementation according to the actual conditions of the minimum living guarantee for urban residents in their administrative regions.

The seventeenth regulations shall come into force on October 1, 1999.