On September 28, 1999 (August 19th of the lunar month), the State Council passed the "Regulations on Minimum Living Security for Urban Residents" and promulgated it.

On September 28, 1999, the 21st executive meeting of the State Council adopted the "Regulations on Minimum Living Security for Urban Residents" and promulgated it, which will come into effect on October 1, 1999.

The specific contents of the "Regulations on Minimum Living Security for Urban Residents" are as follows:

Article 1 These Regulations are formulated in order to standardize the minimum living security system for urban residents and ensure the basic living standards of urban residents.

Article 2 Urban residents holding non-agricultural household registration have the right to obtain basic living material assistance from the local people's government if the per capita income of family members living together is lower than the minimum living security standard for local urban residents.

The term "income" as mentioned in the preceding paragraph refers to the entire monetary income and in-kind income of family members living together, including the alimony, maintenance or maintenance that should be paid by the legal supporter, supporter or supporter, and does not include the benefits enjoyed by the recipients in accordance with national regulations. Pensions and subsidies.

Article 3 The minimum living security system for urban residents follows the principle of ensuring the basic livelihood of urban residents, adheres to the policy of combining state guarantees and social assistance, and encourages self-help through labor.

Article 4 The minimum living security system for urban residents shall be subject to the responsibility system of local people's governments at all levels. The civil affairs departments of local people's governments at or above the county level are specifically responsible for the management of minimum living security for urban residents within their administrative regions; the financial departments implement minimum living security funds for urban residents in accordance with regulations; the departments of statistics, prices, auditing, labor security and personnel divide their responsibilities and are responsible for the work related to minimum living security for urban residents within their respective scope of responsibilities.

The civil affairs department of the county-level people's government, sub-district offices and town people's governments (hereinafter referred to as the management approval authority) are responsible for the specific management and approval of the minimum living security for urban residents.

According to the authorization of the management and approval authority, the residents committee may undertake the daily management and service of the minimum living security for urban residents.

The civil affairs department of the State Council is responsible for the management of minimum living security for urban residents across the country.

Article 5 The funds needed for urban residents 'minimum living security shall be included in the fiscal budget by the local people's government, included in the social relief special fund expenditure projects, specially managed, and earmarked for exclusive use.

The state encourages social organizations and individuals to provide donations and subsidies for the minimum living security of urban residents; all donations and subsidies provided are included in the minimum living security funds for local urban residents.

Article 6 The minimum living security standard for urban residents shall be determined in accordance with the local clothing, food and housing expenses necessary to maintain the basic living of urban residents, with due consideration of water, electricity, coal (gas) expenses and compulsory education expenses for minors.

The minimum living security standards for urban residents in municipalities directly under the Central Government and cities divided into districts shall be formulated by the civil affairs department of the municipal people's government in conjunction with the finance, statistics, price and other departments, reported to the people's government at the same level for approval and announced for implementation; the minimum living security standards for urban residents in counties (county-level cities) shall be formulated by the civil affairs department of the people's government of the county (county-level city) in conjunction with the finance, statistics, price and other departments, reported to the people's government at the same level for approval and reported to the people's government at the next higher level for filing and announced for implementation.

When the minimum living security standard for urban residents needs to be increased, it will be re-approved in accordance with the provisions of the previous two paragraphs.

Article 7 To apply for enjoying the minimum living security benefits for urban residents, the head of household shall submit a written application to the sub-district office or town people's government where the household registration is located, issue relevant supporting materials, and fill out the "Approval Form for Minimum Living Security Benefits for Urban Residents". The minimum living security benefits for urban residents shall be reviewed by the sub-district office or town people's government where they are located, and relevant materials and preliminary review opinions shall be submitted to the civil affairs department of the county-level people's government for approval.

In order to approve the needs of urban residents for minimum living security benefits, the administrative approval authority may investigate and verify the applicant's family financial status and actual living standards through household surveys, neighborhood visits, and letter requests. The applicant and relevant units, organizations or individuals shall be investigated and truthfully provide relevant information.

Article 8 After review, the civil affairs department of the county-level people's government shall approve families that meet the conditions for enjoying the minimum living security benefits for urban residents according to the following different circumstances:

(1) For urban residents who have no source of income, no ability to work, and no legal dependents, dependents or dependents, they are approved to enjoy the full amount in accordance with the minimum living security standards for local urban residents;

(2) For urban residents who still have a certain income, they are approved to enjoy the difference between the per capita household income and the minimum living security standard for local urban residents.

After review, the civil affairs department of the county-level people's government shall notify the applicant in writing if it does not meet the conditions for enjoying the minimum living security benefits for urban residents, and explain the reasons.

The administrative approval authority shall complete the approval procedures within 30 days from the date of receiving the application from the applicant.

The minimum living security benefits for urban residents are paid monthly in monetary form by the administrative and approval authority; if necessary, in-kind payments may also be made.

Article 9 For urban residents who have been approved to enjoy the minimum living security benefits for urban residents, the management and approval authority shall publish them on a household basis in an appropriate form and accept public supervision. Anyone who does not meet the legal conditions and enjoys the minimum living security benefits for urban residents has the right to submit opinions to the management and approval authority; after verification, the management and approval authority shall correct the situation if the situation is true.

Article 10 If the per capita income of urban residents enjoying the minimum living security benefits for urban residents changes, it shall promptly inform the management and approval authority through the residents committee to go through the procedures for suspending, reducing or issuing additional minimum living security benefits for urban residents.

The administrative approval authority shall regularly verify the household income of urban residents who enjoy the minimum living security benefits for urban residents.

Urban residents who are able to work within the working age but are not yet employed should participate in public welfare community service labor organized by their residents committee while enjoying the minimum living security benefits for urban residents.

Article 11 Local people's governments at all levels and their relevant departments shall provide necessary support and care to urban residents who enjoy the minimum living security benefits for urban residents in terms of employment and self-employment.

Article 12 The financial department and audit department supervise the use of minimum living security funds for urban residents in accordance with the law.

Article 13 If a person engaged in the examination and approval of the management and approval of urban residents 'minimum living security commits any of the following acts, he shall be criticized and educated and given administrative sanctions in accordance with the law; if the case constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law:

(1) Refusing to sign an opinion on agreeing to enjoy the minimum living security benefits for urban residents for families that meet the conditions for enjoying the minimum living security benefits for urban residents, or deliberately signing an opinion on agreeing to enjoy the minimum living security benefits for urban residents for families that do not meet the conditions for enjoying the minimum living security benefits for urban residents. Opinions on living security benefits;

(2) Derelenting his duties, committing irregularities for personal gain, or embezzling, embezzling, withholding, or defaulting on the minimum living allowance for urban residents.

Article 14 If an urban resident enjoying the minimum living security benefits for urban residents commits one of the following behaviors, the civil affairs department of the county-level people's government shall give criticism, education or warning to recover the minimum living security money and money claimed by the urban residents; If the circumstances are serious, a fine of 1 to 3 times the amount claimed shall be imposed:

(1) Using false reporting, concealment, forgery and other means to defraud the enjoyment of minimum living security benefits for urban residents;

(2) The family income situation improves during the period of enjoying the minimum living security benefits for urban residents, and fails to inform the management and approval authority as required, and continues to enjoy the minimum living security benefits for urban residents.

Article 15 If urban residents are not satisfied with the decision made by the civil affairs department of the county-level people's government not to approve the enjoyment of the minimum living security benefits for urban residents, or to reduce or suspend the issuance of the minimum living security funds for urban residents, or the administrative penalty imposed, they may apply for administrative reconsideration in accordance with the law; if they are still not satisfied with the reconsideration decision, they may file an administrative lawsuit in accordance with the law.

Article 16 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with these Regulations, stipulate implementation methods and steps based on the actual situation of the minimum living guarantee work for urban residents in their administrative regions.

Article 17 These Regulations will come into effect on October 1, 1999.