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Article 1. The present Measures are enacted in order to provide relief to the vagrants and beggars without assured living sources in cities (hereinafter referred to the vagrants and beggars), to guarantee their basic living rights and interests, and to perfect the public relief system. Article 2. The people's government of the cities at the county level and above shall set up relief stations for vagrants and beggars where necessary. The relief provided to vagrants and beggars by the relief stations is a temporary public relief measure. Article 3. The people's government of the cities at the county level and above shall take active measures to relieve vagrants and beggars in good time, and shall include the fund needed for the relief work in their financial budgets to guarantee such fund. The state encourages and supports public organizations and individuals to relieve vagrants and beggars. Article 4. The departments of civil affairs of the people's governments at the county level and above shall be responsible for the work of relief for vagrants and beggars, and shall direct and supervise the relief stations. The departments of public security, public health, communications, railways, and city administration shall take care of the relevant work within the scope of their respective duties. Article 5. The functionary of public security organs and other relevant administrative departments shall, if finding any vagrant or beggar in the performance of duties, inform that vagrant or beggar to seek relief from a relief station; and shall guide and escort that vagrant or beggar to the relief station if he/she is disabled, minor, old, or has any otherwise difficulty in action. Article 6. A vagrant or beggar seeking relief from a relief station shall faithfully provide the basic information about himself/herself, such as the name, etc., register the articles he/she carries with the relief station, and raise the request for relief with the relief station. The relief station shall, if the person requesting for relief is a qualified object, provide the relief in good time and may not refuse the request; and if the person is not a qualified object, shall explain the reasons for not granting the relief. Article 7. A relief station shall provide the following relief according to the needs of the recipient: (1) Providing food in conformity with the requirements on food hygiene; (2) Providing a lodging place that meets the basic conditions; (3) In case the recipient suddenly suffers acute disease in the relief station, sending the person to hospital for treatment; (4) Helping to contact with the recipient's relatives or working place; and (5) In case the recipient has no money to pay for his return to his/her domicile or working place, providing him/her with a riding certificate. Article 8. A relief station shall provide recipients with lodging places according to their different sexes, and female recipients shall be managed by female functionary. Article 9. A relief station shall guarantee the personal safety of the recipients in the relief station and the safety of the articles they carry, and shall maintain the order in the relief station. Article 10. A relief station may not take any charges from the recipients, or the relatives or working entities thereof, or organize by any excuse the recipients to engage in labor work. Article 11. A relief station shall persuade the recipients to return to their domiciles or working places, and may not restrict any recipient from leaving the relief station. The relief station shall look after the disabled, minor, and old recipients; and if finding the address of any recipient, shall notify that recipient's relatives or working entity to take him/her back. With respect to those homeless, the people's government of the places of their registered residence shall appropriately settle them down. Article 12. The people's governments at the county level of the place of domicile of the recipients shall take measures to help the recipients to solve the difficulties in production and living, and instruct the close relatives or other guardians that have abandoned the disabled, minors, or old recipients to perform the obligation of bringing up or supporting the recipients. Article 13. A relief station shall establish and perfect the rules of internal administration of the station, and shall apply standardized administration. Article 14. The departments of civil affairs of the people's governments at the county level and above shall strengthen the education, training, and supervision of the functionary of relief stations. The functionary of relief stations shall consciously abide by the laws and regulations, policies, and relevant rules of the state, may not take the recipients into custody or do so in any disguised form; may not beat, abuse, or give physical punishment to the recipients or incite others to do so; may not extort, blackmail, or misappropriate the money and properties of the recipients, may not embezzle the living supplies of the recipients, may not withhold the certificates, compliant and accusation materials of the recipients; may not appoint any recipient to assume any administration work, may not use the recipients to do private work for the themselves, and may not assail female recipients with obscenities. Any functionary that violates the preceding paragraph and constitutes a crime shall be investigated for criminal liabilities according to law; if the circumstances are not serious enough to constitute a crime, the functionary shall be given disciplinary sanctions. Article 15. Where a relief station fails to perform the relief duties, the recipients may disclose to the local department of civil affairs; and the department of civil affairs shall, after verifying the case, order that relief station to provide relief in good time, and give disciplinary sanctions to the personnel held directly liable. Article 16. A recipient shall abide by the laws and regulations. Any recipient violating the laws and regulations shall be dealt with according to law. A recipient shall abide by the rules of the relief station. Article 17. The implementation rules of the present Measures shall be formulated by the department of civil affairs under the State Council. Article 18. The present Measures shall be implemented as of August 1, 2003. The Measures for Receipt and Sending Back of Vagrants and Beggars in Cities promulgated by the State Council on May 12, 1982, shall be abolished at the same time. |
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