Order of Dalian Municipal People's Government

 

No. 162

 

The 'Dalian Minimum Living Security Measures', which were adopted at the 64th Executive Meeting of the 16th Dalian Municipal People's Government on January 19, 2020, are hereby promulgated and shall come into force as of July 1, 2020.

 

Acting Mayor: Chen Shaowang

 

April 15, 2020

 

Measures of Dalian Municipality on Minimum Living Security

 

Chapter I General Provisions

 

Article 1 In order to improve the minimum living security system and ensure the basic livelihood of citizens, these Measures are formulated in accordance with “the Interim Measures for Social Assistance”, “the Measures for the Implementation of Social Assistance in Liaoning Province and relevant regulations”, and in combination with the actual situation of this Municipality.

 

Article 2 These Measures shall apply to the minimum living guarantee within the administrative area of this Municipality.

 

Article 3 The minimum living security system adheres to the principle of combining state security with social assistance and self-help through labor, and the security standard is compatible with the level of economic and social development. The minimum living guarantee work should follow the principles of openness, fairness, impartiality and timeliness.

 

Article 4 The municipal and district (city) county people's governments shall strengthen their leadership over the minimum living guarantee work, incorporate it into the national economic and social development plan, establish and improve the guarantee, coordination and assessment mechanisms suitable for the minimum living guarantee work, and incorporate the minimum living guarantee funds and working funds into the financial budget management.

 

The Municipal People's Government shall, according to the relief tasks, financial situation and other factors, give the people's governments at lower levels minimum living guarantee funds and working funds subsidies.

 

Article 5 The municipal civil affairs department shall be responsible for the management, guidance and supervision of the minimum living guarantee in the city.

 

District (city) and county civil affairs departments are responsible for the examination and approval and management of the minimum living guarantee within their respective administrative areas.

 

The relevant departments of the city and district (city) and county shall, in accordance with their respective responsibilities, do a good job in the work related to the minimum living guarantee.

 

The dispatched offices of the Municipal People's Government with administrative functions shall be responsible for the management of the minimum living guarantee within the region according to their authorization.

 

Article 6 Township people's governments and subdistrict offices shall be responsible for the acceptance, investigation and examination of applications for minimum living guarantee within their respective jurisdictions.

 

The village (neighborhood) committees assist in the work related to the minimum living guarantee.

 

Article 7 Units and individuals are encouraged to participate in the minimum living guarantee work through donations, assistance, voluntary services and undertaking government purchase services.

 

Chapter II Objects and Standards of Guarantee

 

Article 8 The following families or family members may apply for minimum living guarantee:

 

(a) the average monthly income of family members living together is lower than the local minimum living guarantee standard, and conforms to the provisions of the local minimum living guarantee family property status of the city's household registration families.

 

(b) the city's household registration difficulties in the special members of the family.

 

The term 'difficult families' as mentioned in the preceding paragraph refers to families whose economic status is higher than the local minimum living standard by a certain range. Special members refer to the severely disabled and seriously ill patients who are unable to work and are supported, caressed (supported) by family members living together.

 

(c) Other personnel who may apply according to law.

 

Article 9 The specific measures for the identification of family members, family income, family property and families in difficulty living together shall be separately formulated by the Municipal People's Government in accordance with the relevant provisions.

 

Article 10 The minimum living standard shall be determined and published by the Municipal People's Government in accordance with the expenses necessary for the living of local residents, and shall be adjusted in due course according to the local economic and social development level and price changes.

 

Chapter III Application and Identification

 

Article 11 The application for minimum living guarantee shall be based on households, and the family members living together shall submit a written application to the township people's government and subdistrict office where the household registration is located. If it is difficult for family members to apply, they may entrust the village (neighborhood) committees to apply on their behalf.

 

Special members of families in difficulty who apply for minimum living guarantee shall submit a written application to the township people's government and subdistrict office where their household registration is located. If I have difficulty in applying, I can entrust family members living together and village (neighborhood) committees to apply on my behalf.

 

Article 12 The applicant shall fill in the application form, declare in writing the family income and family property status, sign the letter of commitment for good faith and the letter of authorization for checking the family's economic status, and submit relevant materials according to law.

 

Article 13 The township people's government and the subdistrict office shall examine the materials submitted by the applicant, and those with complete materials shall be accepted on the spot. If the materials are incomplete, the applicant shall be informed of the materials to be supplemented at one time.

 

Article 14 The township people's government and the subdistrict office shall, within 15 working days from the date of accepting the application for minimum living guarantee, Through household surveys, neighborhood visits, letters asking for certificates, democratic appraisal, information verification and other means, the applicant's family population, income and property status are investigated and verified, audit opinions are put forward, and publicity is made in the village and community where the applicant is located for 7 days.

 

If there is any objection during the publicity period, the township people's government and the subdistrict office shall reorganize the investigation and verification; If there is no objection at the expiration of the publicity period, the examination opinions and relevant materials shall be submitted to the district (city) and county civil affairs departments within three working days.

 

Article 15 District (city) and county civil affairs departments shall, within five working days from the date of receiving the examination opinions of the township people's government and the subdistrict office, identify the minimum living guarantee qualification of the applicant. In accordance with the conditions, it shall be approved and the amount of the minimum living security fund shall be determined, which shall be announced in the village and community where the applicant is located; If it does not meet the conditions, it shall inform the applicant in writing and explain the reasons within three working days from the date of making the decision not to approve.

 

Article 16 From the date when the township people's government and the subdistrict office accept the application for minimum living guarantee, the urban minimum living guarantee shall be approved within 30 days and the rural minimum living guarantee shall be approved within 40 days. The time for checking the economic status may not be included in the examination and approval time limit, but the maximum time limit shall not exceed 30 days.

 

Chapter IV Safeguarding Treatment and Supervision and Administration

 

Article 17 District (city) county civil affairs departments shall, in accordance with the following provisions, determine the amount of the minimum living security fund, which shall be issued on a monthly basis from the month following the date of approval:

 

(a) the minimum living guarantee family according to the difference between the average monthly income of the family members living together and the local minimum living guarantee standard, multiplied by the number of family members living together to determine the amount of the minimum living guarantee fund.

 

The elderly, minors, severely disabled and seriously ill patients in the minimum living security family and other special difficulties, in accordance with the relevant provisions of the city's classified assistance, issued a certain proportion of the minimum living security fund.

 

(b) the amount of the minimum living security fund for the individual security personnel in difficult families shall be determined in full according to the local minimum living security standard.

 

Article 18 To establish and improve the minimum living allowance and price index linkage mechanism. If the price increase meets the prescribed conditions, temporary subsidies shall be given to the minimum living guarantee object in accordance with the relevant provisions of the state, province and city.

 

Article 19 eligible minimum living security objects may apply for other relevant social assistance according to law.

 

Article 20 to obtain the minimum living guarantee family population, income and property changes, should promptly inform the township people's government, subdistrict offices.

 

District (city) and county civil affairs departments, township people's governments and subdistrict offices shall regularly check the population, income and property status of families that have obtained the minimum living guarantee. The township people's government and the subdistrict office shall, according to the verification, promptly put forward opinions on the adjustment of the minimum living security fund to the district (city) and county civil affairs departments.

 

District (city) and county civil affairs departments shall, according to the verification, promptly decide to issue additional, reduced or suspended the minimum living security fund, and decide to suspend the minimum living security fund, and shall explain the reasons in writing. The adjustment of the minimum living allowance shall be implemented from the month following the decision.

 

Article 21 Minimum living guarantee family members who have reached the legal age of employment and have the ability to work but are not employed shall accept the work introduced by the relevant departments; Without justifiable reasons, the district (city) and county civil affairs departments shall decide to reduce or stop the payment of their own minimum living security fund if they refuse to accept the recommended work for three consecutive times that is suitable for their health status and labor ability.

 

Article 22 to guide and encourage the minimum living guarantee object labor self-help. For the minimum living guarantee object for employment, when verifying its family income, the employment income shall be deducted in accordance with the relevant provisions.

 

Article 23 municipal civil affairs departments shall establish and improve the minimum living guarantee family population, income and property status information check system.

 

The minimum living guarantee family information checking system shall be interconnected with public information service systems in the fields of public security, housing and urban and rural construction, human resources and social security, market supervision, taxation, etc. to share relevant information.

 

Article 24 district (city) and county civil affairs departments, township people's governments and subdistrict offices shall, in accordance with the requirements of one household and one file, establish a minimum living security object file and update the relevant information of the minimum living security object in a timely manner.

 

The files of the minimum living guarantee object shall be kept by the district (city) and county civil affairs departments, and may be entrusted to the township people's government and the subdistrict office for custody due to work needs.

 

Article 25 Minimum living guarantee managers, members of the village (neighborhood) committees and their close relatives in their work area to apply for or have obtained the minimum living guarantee, shall be reported for the record in accordance with the provisions.

 

Article 26 City and district (city) county civil affairs departments, township people's governments, subdistrict offices shall establish and improve the minimum living security work complaint reporting system, open the minimum living security supervision and consultation telephone number.

 

For real-name reports, they shall be checked one by one, and the results of the verification shall be fed back to the informants in a timely manner.

 

Chapter V Legal Liability

 

Article 27 in violation of these Measures, laws, regulations and rules have provisions, in accordance with the provisions.

 

Article 28 If the minimum living security fund is defrauded by false report, concealment, forgery and other means, the district (city) and county civil affairs departments shall decide to stop issuing the minimum living security fund, order it to return the illegally obtained minimum living security fund, investigate the corresponding legal responsibilities according to law, and record the relevant information in the personal credit records.

 

For those who are recorded in personal credit records due to defrauding the minimum living guarantee fund, they shall be included in the minimum living guarantee information system. When applying for the minimum living guarantee again, they shall be determined by the municipal and district (city) county civil affairs departments through two-level review of their family's economic status, and the review period shall not be included in the bid time limit.

 

Article 29 City and district (city) county civil affairs departments, township people's governments, subdistrict offices and their staff in violation of the provisions of these Measures, abuse of power, dereliction of duty, corruption, by their units or higher authorities, supervisory organs shall be ordered to make corrections; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

 

Chapter VI Supplementary Provisions

 

Article 30 Household registration families in this city whose medical expenses exceed the family's affordability due to major diseases, resulting in the actual living standard of the family being lower than the local minimum living guarantee standard, may be included in the minimum living guarantee scope. The specific measures shall be separately formulated by the municipal civil affairs department in accordance with the relevant provisions of the state and the province and in conjunction with relevant departments.

 

Article 31 Families (hereinafter referred to as low-income families) that are not included in the minimum living guarantee, but whose per capita income of family members living together is less than 1.25 times the local minimum living guarantee standard, and whose family property status meets the local minimum living guarantee regulations, may apply for relevant social assistance.

 

The identification standards for low-income families can be adjusted in due course according to the economic and social development, and implemented after being reported to the Municipal People's Government for approval.

 

These Measures shall apply to the application, identification and management of low-income families. If there are other provisions in laws and regulations, they shall be handled in accordance with the provisions.

 

Article 32 These Measures shall come into force as of July 1, 2020. On December 26, 2003, the Dalian Municipal People's Government promulgated the “Measures for Minimum Living Security for Urban Residents in Dalian” (Order No.39 of the Dalian Municipal People's Government) and the “Measures for Minimum Living Security for Rural Residents in Dalian” (Order No.66 of the Dalian Municipal People's Government) promulgated by the Dalian Municipal People's Government on August 25, 2005 shall be abolished simultaneously.