Measures for the Administration of Veterans Homes

 2018-08-10  5


· Document Number:Order No.40 of the Ministry of Civil Affairs

· Area of Law: Civil Law

· Level of Authority: Departmental Rules

· Date issued:12-25-2010

· Effective Date:03-01-2011

· Issuing Authority: Ministry of Civil Affairs

· Status: Effective

 

Order of the Ministry of Civil Affairs
(No.40)
The Measures for the Administration of Veterans Homes, which were adopted at the executive meeting of the Ministry of Civil Affairs on December 20, 2010, are hereby issued, and shall come into force on March 1, 2011.
Minister: Li Liguo
December 25, 2010
Measures for the Administration of Veterans Homes
Chapter I General Provisions
Article 1 To strengthen the administration of veterans homes, and effectively provide concentrated support to persons receiving pensions and preferential treatments and serve the building of the army and national defense, these Measures are formulated in accordance with the Regulation on Pensions and Preferential Treatments for Servicemen and the relevant provisions of the state.
Article 2 Veterans homes are preferential treatment public institutions which provide concentrated support and special care guarantee to childless elderly persons and persons receiving pensions and preferential treatments but unable to take care of themselves (hereinafter referred to as the “persons receiving concentrated support”).
Article 3 The civil affairs department of the State Council shall be responsible for guiding the administration of veterans homes across the country. The civil affairs department of a local people's government at or above the county level is the department in charge of the administration of veterans homes (hereinafter referred to as the “department in charge of veterans homes”), which administers, supervises and inspects the concentrated support work of veterans homes.
Article 4 The funds needed for the establishment of veterans homes by the state shall be included in the financial budget of the government at the same level. The construction level of veterans homes shall adapt to the local economic and social development and satisfy the support requirements. The living standard of persons receiving concentrated support shall be a little higher than the local average living standard.
The state encourages citizens, legal persons and other organizations to provide social donations and services to veterans homes.
The funds needed by veterans homes shall be used for the prescribed purposes, and be subject to the supervision of the public finance department, audit department and by society.
Article 5 Veterans homes shall benefit from the relevant preferential policies of the state in terms of construction, land use, water and electricity, gas, heating, telecommunications, agricultural and side-line production, and other aspects.
Article 6 Entities and individuals that have made remarkable achievements in the construction and management of veterans homes shall be commended and rewarded according to the relevant provisions.
Chapter II Persons Receiving Support
Article 7 Where an elderly or a disabled person, the dependant of a martyr under the age of 16, the dependant of a serviceman who sacrificed his or her life in the performance of his or her duties or died of disease, an elderly disabled serviceman, demobilized serviceman or retired serviceman who has no statutory junior supporter, supporter or senior supporter, or the said supporter is unable to provide the support himself or herself and enjoys pensions and subsidies of the state on a regular basis, he or she may apply for enjoying the concentrated support provided by a veterans home.
Article 8 To apply for admission into a veterans home to enjoy concentrated support, a person shall apply to the people's government of the township (town) or the sub-district office in person, and if he or she is too young to apply or is unable to express his or her wishes, the residents' committee (villagers' committee) or any other citizen may file an application on his or her behalf, and submit the application to the department in charge of veterans homes for examination and approval.
Article 9 The department in charge of veterans homes shall sign a concentrated support agreement with a veterans home, so as to guarantee that the persons receiving concentrated support can receive support treatments meeting the relevant requirements.
Where a person receiving concentrated support in a veterans home entrusts the institute to keep the money or property or valuables carried with him or her, he or she shall sign a property safekeeping agreement with the institute.
Article 10 A veterans home shall adhere to the principles of voluntary admission and freedom to depart, regulate the formalities for admission and departure, and establish the personal files for persons receiving concentrated support.
Where a person receiving concentrated support no longer meets the conditions set out in Article 7 of these Measures, the veterans home shall report it to the department in charge of veterans homes, and let the person leave the institute upon the verification and approval of the department in charge of veterans homes.
Where a person receiving concentrated support dies, the veterans home shall handle the funeral matters for him or her and report it to the department in charge of veterans homes, and his or her estate shall be handled according to the relevant provisions of the Law of Succession of the People's Republic of China.
The department in charge of veterans homes shall periodically verify the number of persons receiving concentrated support, notify it to the public finance department of the people's government at the same level, and report it to the civil affairs department of the people's government at the next higher level. And the civil affairs department of the provincial people's government shall summarize such reports and report summarization to the civil affairs department of the State Council.
Chapter III Support Services
Article 11 A veterans home shall provide the following support services to the persons receiving concentrated support:
1. catering services;
2. life necessities;
3. housing;
4. medical care, rehabilitation, nursing care and health care services;
5. study and entertainment, and mental care services;
6. cleaning and sanitation, and security services; and
7. other support services.
Where a person receiving concentrated support is under the age of 16, or is receiving compulsory education though he or she has reached the age of 16, the veterans home shall guarantee the funds needed for his or her compulsory education.
Article 12 The food provided by a veterans home shall meet the food safety requirements and be properly adjusted according to the needs of the persons receiving concentrated support.
A veterans home shall provide the persons receiving concentrated support with the necessary clothes, bedding, life supplies and facilities which meet the living needs of the senior and disabled, and provide them with proper transportation conditions.
A veterans home shall keep the housing of the persons receiving concentrated support tidy and clean, help them maintain personal hygiene, provide them with necessary care, and guarantee their personal security.
Article 13 The persons receiving concentrated support shall enjoy medical treatments according to the provisions of the Measures for Guaranteeing Medical Treatment for the Persons Receiving Preferential Treatments.
Where a person receiving concentrated support is sick, the veterans home shall, in a timely manner, contact the local medical institution and assist in the treatment.
A veterans home shall establish the personal medical and health archives of the persons receiving concentrated support, provide regular physical examination services and health education services to the persons receiving concentrated support, and help them make medical rehabilitation plans.
Article 14 A veterans home shall implement a round-the-clock on-duty system, offer full-time care to the persons receiving concentrated support who are unable to take care of themselves, and equip them with crutches, wheelchairs or other auxiliary apparatuses.
Article 15 A veterans home shall create a sound living environment for the persons receiving concentrated support, make good arrangements for their material and cultural life, organize study and education, and carry out cultural, sports and recreational activities favorable for their physical and psychological health.
A veterans home may arrange the participation in labor and public welfare activities to the best of the ability of those persons receiving concentrated support who are able to and voluntarily participate in labor and public welfare activities, so as to enrich their daily life.
Article 16 A veterans home shall take good care of persons receiving concentrated support, organize necessary psychological counseling and social communication activities for them, and bring spiritual comfort to them.
Article 17 The pensions and subsidies given to the persons receiving concentrated support on a regular basis shall be uniformly managed and used by the veterans home for their living and medical care expenses.
A veterans home shall give pocket money to the persons receiving concentrated support, and the specific standards shall be determined by the department in charge of veterans homes.
Article 18 The support standards of veterans homes shall be formulated by the civil affairs department of the provincial people's government, be issued and implemented upon the approval of the provincial people's government, and be adjusted at proper time according to the local economic and social development level.
Chapter IV Management of Veterans Home Affairs
Article 19 The director responsibility system shall be implemented in veterans homes, and the director may be appointed by the department in charge of veterans homes or hired from the public.
The personnel of a veterans home shall be trained and examined by the department in charge of veterans homes, and the personnel of professional positions shall take posts after obtaining the corresponding professional qualifications.
A veterans home shall have personnel whose number accounts for 25% of the number of persons receiving concentrated support, so as to satisfy the needs of the persons receiving concentrated support. The number of managers shall not exceed 20% of the total number of personnel.
Article 20 A veterans home shall form a veterans home affair management committee, whose members shall be elected from all personnel of the institute, and persons receiving concentrated support shall account for at least one third of all personnel. The committee may set up special committees under it.
The veterans home affair management committee shall hold regular meetings to participate in the management and supervision of the work of the veterans home.
Article 21 A veterans home shall periodically publish the pension and subsidy policies and standards of the state on the persons receiving pensions and preferential treatments, publish the work flow, expenditure, etc. of the institute, indicate service aims and projects, and accept the supervision of the persons receiving concentrated support.
Article 22 A veterans home shall, according to the relevant provisions of the state, formulate sound rules for security, fire control, hygiene, financial affairs, and archival management.
Article 23 A qualified veterans home may carry out agricultural and side-line production for the purpose of improving the living conditions of the persons receiving concentrated support. The persons receiving concentrated support who voluntarily participate in the agricultural and side-line production activities organized by a veterans home shall be paid by the veterans home.
Article 24 A veterans home shall establish honor rooms or display rooms, collecting, compiling, displaying and exhibiting the honorable deeds of the relevant martyrs, servicemen who sacrificed their lives in war or during the performance of duties and the persons receiving concentrated support, carry out the activities of building spiritual civilization with the local state organs, social organizations, enterprises and public institutions, schools, armies, communities, and other organs, and give full play to its role of patriotic education and revolutionary traditional education.
Chapter V Construction Standards
Article 25 The administrative region at or above the county level shall, according to the actual needs of the persons receiving concentrated support, build, rebuild or expand the veterans homes. There shall be at least 50 beds in each veterans home, and the occupation rate of beds shall reach at least 80%.
Article 26 All kinds of buildings of a veterans home shall be designed according to the living and safety requirements of the seniors, disabled persons and minors, and satisfy the requirements of the design standards for barrier-free standard architecture.
Article 27 The room for a person receiving concentrated support shall be not less than 15 square meters and have a washroom and bath room. A veterans home shall have offices, duty rooms, kitchens, dining rooms, storerooms, recreational rooms and other auxiliary rooms necessary for carrying out its ordinary work and providing services.
The functional rooms and outdoor space for rehabilitation and health care, cultural and sports activities, and entertainment may be built in a veterans home where conditions permit.
Article 28 A veterans home shall have emergency call equipment, and equip heating and cooling equipment according to the local weather conditions and the actual needs of the persons receiving concentrated support.
A veterans home shall maintain the facilities and equipment for lighting, telecommunication, fire control, alarming, heating, cooling, pollution discharge, water and electricity supply and guarantee their normal operation.
Article 29 A veterans home shall establish clinics, and have ordinary and first aid medical apparatus, equipment and medicines according to the actual conditions.
Article 30 A veterans home shall have outdoor greening and landscaping, and provide a quiet, clean and beautiful living environment for the persons receiving concentrated support in it.
Chapter VI Accountability
Article 31 The land, houses, facilities, equipment and other properties of a veterans home shall be managed and used by itself according to law, and shall not be encroached on by any entity or individual.
Any individual or entity that encroaches on or destroys the property of the veterans home shall be ordered by the civil affairs department of the local people's government to make correction within a prescribed time limit, and restore it to the original state; and if any loss is caused, assume liability for compensation according to law.
Article 32 The persons receiving concentrated support shall cherish honor, abide by all provisions of the veterans homes, and consciously assist in the management by the personnel. Anyone in violation of the relevant provisions shall be criticized and educated by the veterans home and the department in charge of veterans homes.
During the period when a person receiving concentrated support is serving a fixed-term imprisonment sentence, under deprivation of his political rights, or when he or she is wanted due to any illegal or criminal act, his or her qualification for concentrated support shall be suspended; if he or she is sentenced to death or life imprisonment, his or her qualification for concentrated support shall be cancelled.
Article 33 Where a veterans home, in violation of the provisions of these Measures, provides the persons receiving concentrated support with support services failing to meeting the requirements, the department in charge of veterans homes shall order it to make correction, and if it fails to do so within the prescribed time limit, take disciplinary actions against the direct person in charge and other persons in charge, and if any loss is caused, the veterans home shall assume liability for compensation according to law.
A veterans home causing any personal injury accident of a person receiving concentrated support shall assume liability for compensation according to law.
Article 34 Where the department in charge of veterans homes or any of its functionaries commits any of the following actions, the civil affairs department of the people's government at the next higher level shall criticize and educate its direct person in charge and other persons in charge, and order them to make correction within a prescribed time limit; if the circumstances are serious, take disciplinary actions against them according to law; and if any crime is constituted, the offender shall be subject to criminal liability according to law.
1. approving the concentrated support treatments of a veterans home in violation of the relevant provisions;
2. embezzling, misappropriating, detaining or dividing the money or property of a veterans home;
3. abusing powers, neglecting duties, practicing favoritism or making falsification during the construction and management of a veterans home; or
4. committing any other relevant violation of law or regulation.
Chapter VII Supplementary Provisions
Article 35 The veterans rooms and veterans buildings established in all kinds of public welfare institutions under the charge of civil affairs departments at all levels shall be analogically governed by these Measures.
Article 36 These Measures shall come into force on March 1, 2011.