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Article 1. The present Implementation Rules are enacted in accordance with the Measures for the Administration of Relief for Vagrants and Beggars without Assured Living Sources in Cities (hereinafter referred to Relief Measures). Article 2. The "vagrants and beggars without assured living sources in cities" prescribed in the Relief Measures refer to the persons that cannot afford the board and lodging by themselves, have no relatives and friends to depend on, enjoy no minimum living guarantees in cities or the five guarantees (food, clothing, medical care, housing and burial expenses) in rural areas, and are roaming about and begging in the cities every day. Those that are roaming about and begging but are not in the circumstances specified in the preceding paragraph shall not be the objects of relief. Article 3. A vagrant or beggar shall faithfully provide his/her information as follows when seeking relief from a relief station: (1) Name, age, sex, resident identity card or other certificate that can prove his/her identity, the place of registered residence, and the domicile; (2) Whether he/she enjoys the minimum living guarantees in the city or the five guarantees in the rural area; (3) The reason, time, and course of vagrancy and begging; (4) Names, addresses, and contact methods of his/her near relatives and other relatives with close relationship; and (5) Information about the articles he/she carries along. Article 4. A relief station shall inform the vagrant or beggar requesting for relief of the scope of relief objects and the contents of the relief granted, shall ask about the information relating to the relief needs, and make registration of the personal information of that vagrant or beggar. Article 5. A relief station shall arrange for relief in a timely manner if the vagrant or beggar is a relief object. With respect to a person who is not a relief object, the relief station shall grant no relief and inform him/her of the reason. If the person requesting for relief is unable to provide his/her personal information because of oldness, youth, or disability, the relief station shall grant relief first before finding out the relevant information. And no relief will be granted to those refusing to provide personal information faithfully. Article 6. A recipient may not carry any dangerous articles into the relief station, the articles he/she carries along shall be kept by the relief station, except the living necessities, and shall be returned to the recipient when he/she leaves the station. Article 7. The departments of civil affairs of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall formulate rules on work and rest, sanitation, and study, for the recipients in the relief stations. The recipients shall abide by the rules and systems of the relief stations. Article 8. The food and accommodation provided to the recipients by a relief station shall meet the basic health and safety needs of the recipients. And the standards for the ration and quantity of food and accommodation of the recipients shall be specifically fixed by the department of civil affairs of the people's government at the provincial level in consultation with the department of finance. Article 9. Where a recipient suffers any acute disease in a relief station, the station shall send that recipient to the medical institution for treatment in good time. Where the relief station finds that a recipient suffers any infectious disease or suspect infectious disease in the station, the station shall send that recipient for treatment to the local medical institution that have the conditions for treating infectious diseases, and shall report to the local disease prevention and control institution, and take necessary disinfection and separation measures. Article 10. A relief station shall, according to the relevant information provided by the recipient, contact with the family members of the recipient and the people's government of village (town), the urban sub-district office, or the department of public security or civil affairs of the place of the registered residence or domicile of the recipient to verify the information. The relief station shall terminate the relief if finding that a recipient intentionally provided falsified personal information. Article 11. Where a recipient has no transport fee to return the place of his/her registered residence, domicile, or working place, the relief station shall issue to that recipient a riding (or boat) certificate, the transportation entities of railway, highway, and waterway, shall allow that recipient to take the corresponding public vehicle after verifying the certificate. The relief station shall notify the relatives of the recipient, and the relevant organizations of the place where the recipient is going to, and his/her workplace. Article 12. A relief station shall determine the period of relief according to the situation of a recipient, and generally the period shall not exceed 10 days. If the period needs to be extended due to special circumstances, the extension shall be put on record with the department of civil affairs at the higher level. Article 13. With respect to a recipient who is disabled, minor, or has other difficulties in action, the relief station shall notify the relatives or workplace thereof to take that recipient back. Where the relatives or workplace refuse to do so, if the recipient comes from within the province, the department of civil affairs of the people's government of the place where the recipient is currently located shall notify the corresponding department of the people's government of the place where the recipient comes from to take back that recipient, and to send the recipient to his/her relatives or workplace. If the recipient comes from any other province, the department of civil affairs of the people's government at the provincial level of the place where the recipient is currently located shall notify the corresponding department of the people's government at the provincial level of the place where the recipient comes from to take the recipient back and to send the recipient to his/her relatives or workplace. Article 14. With respect to a recipient who is disabled, minor, or has other difficulties in action, and of whom the relatives or workplace cannot be found out, but the place of registered residence or domicile can be ascertained, if the recipient comes from within the province, the department of civil affairs of the people's government of the place where the recipient is currently located shall notify the corresponding department of the people's government of the place where the recipient comes from to take the recipient back, and to send the recipient to the place of his/her registered residence or domicile for settlement. If the recipient comes from any other province, the department of civil affairs of the people's government at the provincial level of the place where the recipient is currently located shall notify the corresponding department of people's government at the provincial level of the place where the recipient comes from to take the recipient back, and to send the recipient to the place of his/her registered residence or domicile for settlement. Article 15. With respect to a recipient who is old, young, or disabled, and is unable to cognize his/her acts or to express himself/herself, and thus neither his/her relatives or workplace nor the place of his/her registered residence or domicile can be found out, the department of civil affairs at the higher level of the relief station shall put forward a settlement scheme and report to the people's government at the corresponding level to arrange for settlement. Article 16. Where a recipient waives relief on his/her own accord and leaves the relief station, he/she shall notify the relief station in advance, and the station may not restrict that recipient. Where a recipient who is a minor or who is otherwise with no or with restricted capacity for civil conduct is to leave the relief station, he/she must first obtain the consent of the relief station. A recipient leaving the relief station without notification shall be regarded as waiving the relief, and the relief station shall terminate the relief. Article 17. Where the relief station has granted the relief or the period of relief expires, the recipient shall leave the relief station. With respect to a recipient who refuses to leave the relief station without justified reasons, the relief station shall terminate the relief. Article 18. The people's government at the village or county level of the place of a recipient's registered residence or domicile shall help the returning recipient to settle the difficulties in production and living, and refrain him/her from going out roaming and begging again. With respect to the next relatives or other guardians that abandoned the disabled, minor, or old, the government shall order them to perform the obligations of support and maintenance; the government shall appropriately settle the disabled, minor, and old that are really homeless. Article 19. A recipient shall abide by the disciplines and laws during the period when he/she is in the relief station, may not abuse or beat the staff members of the relief station or other recipients, may not damage the relief facilities, may not damage or steal public or other's properties, and may not willfully make trouble and disrupt the order of the relief work. No staff member of the relief station may stop in good time the illegal acts of the recipients. Where a recipient's rule-breaking or discipline-breaking circumstances are serious, or a recipient is found to be suspect of crime, the staff members shall report to the public security organ in good time for handling. Article 20. A relief station shall establish and perfect the systems of post liability, safety liability, and the conduct codes for the staff members, and carry out standardized administration. A relief station shall faithfully record the information about the recipients' entering the station, leaving the station, and receiving relief, and shall make and properly keep archives thereof. Article 21. A relief station and its staff members shall strictly abide by Article 10 and Paragraph 2 of Article 14 of the Relief Measures. For any violation of the provisions, the department of civil affairs at the next higher level of the relief station shall order the violator to correct. Where the circumstances are serious, the person in charge held directly liable and other directly liable personnel shall be given disciplinary sanctions; the criminal liabilities shall be investigated for according to law if a crime has been constituted. Article 22. The departments of civil affairs of the local people's governments at the level of county and above shall strengthen the leadership, supervision and administration of the relief stations, and perform the following duties: (1) Supervising the relief stations' implementation of the relief measures, and rules and systems; (2) Directing and inspecting the relief work; (3) Give education and training to the staff members of the relief stations; (4) Investigating and dealing with the violations of laws and rules by the relief stations and the staff members thereof; and (5) Helping the relief stations to solve the difficulties and providing work conditions thereto. Article 23. Where the department of civil affairs at the next higher level of a relief station fails to accept the report of relief object in good time, fails to order the relief station to perform the duties in good time, or fail to report to the local people's government to settle the recipients that should be settled, the personnel in charge held directly liable and other directly liable personnel shall be given administrative sanctions according to law. Article 24. The present Implementation Rules shall take effect as of August 1, 2003. |
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