【Area 】Chongqing
【Date of expiration 】2006.12.21
【Issue unit 】Standing committee of people's congress of Chongqing
【Issue date 】2000.03.23
【Prescroption 】Effective
【Inplementation date 】2000.05.01
Article 1 According to "Law on the Protection of the Disabled of the People's Republic of China" and relevant laws , administrative statutes, combine this city reality, make this method. Article 2 Organ , group , enterprise and institution , grassroots organization and citizen in urban and rural areas in the administrative division in this city, should observe this method . Article 3 Municipal or district, job Coordination Committee , disabled person of people's government , of county (city ) is responsible for supervising , checking laws and regulations about undertakings for disabled persons , the implementation jobs of the policy , planning , coordinate and solve the important issue in disabled person's work. The routine is undertaken by Association for the Handicapped at the same level.
Article 4 Association for the Handicapped at all levels of this city, represents the common interests of the disabled person, safeguards the disabled person's legitimate rights and interests, unite to educate the disabled person, serve disabled person. Association for the Handicapped fulfils the duty that the people's government entrusts to, launches the disabled person and works, mobilize social forces, develop and manage the undertakings for disabled persons. Article 5 The disabled person must observe the law , fulfil the due obligation , observe the public order, respect the social ethics. The disabled person should develop the optimistic and enterprising spirit , self-respect , self-confident and improving oneself , supporting oneself , contribute for socialist construction.
Article 6 The people's governments at all levels should include the undertakings for disabled persons in Plan for National Economic and Social Development , necessary funds are listed in the financial budget, and as the growth of the fiscal revenues increases to some extent. Municipal or district, county (city) social welfare solicit contributions committee should the social welfare fund that retain with lottery, used for developing the undertakings for disabled persons according to the proportion lower than 10% . Encourage the society to donate the subsidy incompletly .
Article 7 Grant the disabled testimony of a witness in disabled person stipulating according to the country in district , county (city ) Association for the Handicapped standard. The disabled person enjoys various kinds of preferential policies and welfare treatment to the disabled person of country and this city by the disabled testimony of a witness.
Chapter two Recovery Article 8 The people's governments at all levels should take measures to prevent disabled emergence and development , launch the disabled person's work of rehabilitation in a planned way, the task that it finishes several that the country assigns recovering. Article 9 Hygiene department should set up rehabilitation institution in medical unit, is it recover medical treatment , is it train and is it study to recover to recover to launch, train all kinds of qualified personnel of work of rehabilitation. Municipal or district, county (city ) such departments as the hygiene , civil administration ,etc. should organize and guide work of rehabilitation of disabled person's community . Support , encourage society's setting up disabled person's recovering facilities. Article 10 The people's governments at all levels should support and support disabled person's rehabilitation appliances , reseach , production , supply and maintenance service of self-service apparatus of life , special articles and other auxiliary utensils.
The articles apparatus of disabled person set up of the social subsidy of Association for the Handicapped's sum at all levels supplies the service station (check), such departments as the industry and commerce , tax ,etc. should support .
Article 11 The people's governments at all levels should develop disabled person's educational undertaking, improve disabled person's special education system progressively. The people's governments at all levels use for the financial allocations of compulsory education and educational expenses supplementary income of collection, should use for the special education of disabled person at stage of compulsory education in certain proportion. Article 12 Support, encourage society to set up disabled kindergarten (station, class) of children. The ordinary middle and primary schools should improve the school attendance rate of disabled children progressively. The disabled students who accept compulsory education, the family really has a difficulty, should reduce or remit the incidentals and other expenses according to the circumstances.
Ordinary senior middle school, institution of higher learning, adult educational institution must recruit, accord with national disabled examinee of admission criteria of regulation enter school, can't refuse to recruit because of its deformity.
Article 13 The people's governments at all levels should create the condition, run the classes of disabled person's university, junior college and special secondary school, hit the skill class and professional training school. Education at all levels, the labor administration department unites Association for the Handicapped, disabled person unit, society run a school organization launch eliminate illiteracy, job training and other adult education of form to disabled person.
Article 14 Engaged in special education teacher and engaged in sign language, braille translation personnel, enjoy the special education subsidy of the national regulation. Engaged in special education's lasting full 15 year and at pensioner of post of special education, its special education subsidy enjoyed is charged to the pension. Engaged in teacher of special education and engaged in sign language, personnels of braille translation's working full ten year more than's of, issue the honorary certificate of the special education.
Article 15 The people's governments at all levels should take the preferential policy and protect the support measure according to concentrating with dispersing the policy that combine together, through many channel, multi-level, the various forms arrange for the disabled person to obtain employment.
Article 16 At all levels people's government should set up disabled person obtain employment in the service organization, to having disabled person of certain labour capacity, voluntary employment, arrange to obtain employment in proportion.
Organ, group, enterprise and institution, other organization, should according to no less than our unit on-the-job worker total amount 1.5% of the proportions, arrange for the disabled person to obtain employment. Reach, stipulate proportion, should pay disabled person employment ensure gold, bear to help disabled person's employment obligation.
Article 17 Encourage, support, set up and develop disabled person welfare enterprise or other welfare projects, offer the condition for disabled person's employment. Disabled person welfare enterprise and institution enjoy tax, fee person who reduce or remit preferential policy that country stipulate in accordance with the law.
Article 18 Encourage and help have labour capacity disabled person voluntary in partnership obtain employment or engaged in the management of individual. The disabled person applies to be engaged in the management of individual, the administrative department for industry and commerce should authorize the business license preferentially; Relevant responsible institutions reduce or remit the administration expense appropriately, and look after in such aspects as business operation conditions; The revenue department should reduce or remit the taxes in accordance with relevant State regulations. At all levels people's government and rural grassroots 　　organization,should organize and support rural disabled person engaged in various suitable productive labor, related departments should produce service, technological guidance, agricultural material supply, agricultural byproducts between purchase and credit offer support, and reduce or remit the taxes according to the national regulation, fee. Article 19 Wounded or disabled soldier that country place, the unit concerned can't reject. Institution of higher education, technical secondary school, disabled graduate of technical school obtain employment, should put on an equal footing with other similar graduates, the unit concerned can't reject because of its deformity.
Article 20 Hygiene, public security men, industry and commerce, work, personnel,etc. administrative service division and Association for the Handicapped want, make blind person massage organization management, job qualification evaluate, register the operation way in accordance with relevant State regulations, progressively set up blind person massage trade instruct network of serving,devote more efforts to blind person's employment, expand the blind person's employment channel. Article 21 Employing unit should create terms, reasonable arrangement disabled work post, post and task of worker. Disabled worker become a full member define the level, upgrade, technological evaluation of professional titles, cadre employ, labour protection welfare, participate in enterprise democratic management, enjoy with our unit other worker's equal rights.
Article 22 Last worker disabled employing unit,should sign by labour contract,must because dismiss, expell, dismiss deformity by worker disabled.
Article 23 The people's governments at all levels should pay attention to the disabled person's culture, sport activity, develop and offer disabled person's culture, sports, place of entertainment of an activity in a planned way. Article 24 Culture, sports, civil administration,etc. department and Association for the Handicapped should actively organize and guide disabled person develop the activity of culture, amusement, sports,etc., find and train disabled person's literature and art, outstanding talent of sports. Culture, sports administrative department and Association for the Handicapped hold disabled person's art performances and disabled person's sports meeting regularly, the local financial department should offer support in funds. Disabled worker join above county level organize culture, sport activity,unit should offer support, can't reduce its salary and welfare treatment.
Article 25 Culture, sports, amusement and other public playground administrative department and operating unit should for disabled person participate in activity offer favourable with facility.
Culture, news publisher should organize, compile, publish, reflect disabled person reading materials of life. The TV station at city level and broadcasting station should start broadcasting disabled person's program. The TV station at city level should run the sign language TV programme, should increase subtitles to explain in some films and television programs. Every district, county (city) the TV and Radio Service (station) can run the TV set sign language program with conditions, start broadcasting disabled person's program.
City and district, county (city) library should to deaf and dump, blind person borrow braille and have voice last reading materials. Disabled person free of charge to enter park, exhibition hall, museum visit, visit according to " deformity testimony of a witness ".
Article 26 Should do a good job of formulation and implementation of disabled person's preferential policy people's government at all levels, set up social security systems such as disabled person's relieving, welfare, insurance,etc. progressively, develop disabled person service facility,for disabled person participate in life social's lasting environmenting good, ensure and improve the life of the disabled person. Article 27 To labour capacity of having, unable to bring up people or support people have disabled person of source of income definitely, belong to urban residents, offer, relieve or hand over by local people's government social wellfare home support according to relevant regulation; Belong to rural villager, support according to the provision of " the rural five guarantees support the work rule " of the country.
Urban residents under local minimum life security system in avarage monthly income in people in family in disabled person, the related departments of the government should offer the minimum living guarantee according to the regulation. Rural disabled person enjoy city and district, county (city) and township, town the government stipulate deductions and exemptions voluntary labor service, public service operation expense and other preferential policy bearing society.
Article 28 Disabled person's unit and social welfare enterprise should handle the social security for the disabled person according to government's regulation. The disabled person has no office, its guardian should help the disabled person to handle insurance such as living out one's life in retirement and disease medical treatment. Insurance company should for disabled person insure facility of offering. Article 29 Traffic departments such as the railway, civil aviation, highway,etc., hygiene medical organization, public utilities, commerce,etc. unit should for disabled person purchase ticket, medical treatment, shopping, house repair,etc. offer service and service complementary preferential.
The disabled person takes the public means of transportation, should offer the convenience and treatment; Indispensable auxiliary utensil with oneself it, permit carrying free. The blind person takes this city bus, trolley, ferryboat, escalator, cable car free. The blind person sends and passes reading materials mail free. Disabled person special-purpose vehicle in public to park the place is deposited free. The disabled person enters the public lavatory charging free according to " testimony of a witness of the deformity ".
Article 30 Law service organization should offer have priority, the high-quality, favourable law service for disabled person. Disabled person need law aid, accord with law aid terms, target and range, the judicial administrative department should appoint the service organization of the law to undertake the law aid work. Should bear the obligation of law aid designated law service organization according to national regulation. Article 31 Because disabled person take care of oneself, need spouse or direct relative assist while being difficult, related departments and unit should offer spouse or direct relative registered permanent residence move, house,etc. treatment of their.
Article 32 At all levels people's government should include " help urban road and building design specification that disabled person use " in capital construction examine and approve the content, make the corresponding regulation, popularize the facilities without hitch. Newly build, reconstruct, extend the urban road, communal facilities and housing district, planning, design, construction,etc. department should last planning, design and operation according to norm. To existing urban road, communal facilities, housing district, related departments should go on the transformation according to the norm in a planned way.
Related departments and unit must strengthen management, protect and maintain, help communal facilities that disabled person use, guarantee to use normally.
Article 33 Organ, group, enterprise and institution, grassroots organization and citizen in urban and rural areas, want, participate in " Cripples' Day such as the whole country " and " international day such as disabled person ", " international blind person section ", " international deaf person section " activity actively, help the disabled person to solve the real difficulty, serve disabled person.
Chapter seven Legal liability
Article 34 Violate method this, have the following situation one of, criticize and educate and ordered to correct by higher authorities or relevant responsible institution its to the accountability unit within a definite time period; Correct refusing, offer the person directly responsible disciplinary sanction by higher authorities or unit its: (1), refuse, recruit, accord with national regulation disabled examinee of admission criteria enter school; (2), violate relevant regulation refuse to take disabled graduate, refuse, find a room for that disabled person obtain employment; (3) dismiss, dismiss disabled worker, student's without good reason; (4), not according to " help urban road and building design specification that disabled person use " planning, design and operation; (5), other infringement this method regulation situation. Article 35 Violate this method regulation, pay disabled person employment ensure not gold, warn or sentence 1,000 fine while being following by above county level Association for the Handicapped, order to pay within a definite time period; On the expiration of the time limit pay,can according to day add in arrears amount of money belated payment 5‰.The party, to punishing and paying disabled person's employment and ensuring the gold to decide to refuse to obey within a definite time period, can apply to reconsider or bring a suit before people's court in accordance with the law. On the expiration of the time limit apply reconsider either bring a suit before people's court, pay fine, fulfil within a definite time period pay disabled person the employments ensure determined of gold, Association for the Handicapped making the decision on punishments can apply for the people's court to enforce. Article 36 Have the following situation one of,by unit or responsible institution criticize and educate disciplinary sanction; Violate " Regulations of the PRC on Administrative Penalties for Public Security ", punish the public security by the public security organ; If the case constitutes a crime, the judicial authority investigates criminal responsibility in accordance with the law; (1), discriminate against, insult, injury, maltreat, abandon the disabled person's; (2), perform duty of raising, bringing up, supporting the disabled person and guard responsibility in accordance with the law; (3), destroy, damage communal facilities available for disabled person; (4), divert, occupy, corrupt undertakings for disabled persons funds, solicit contributions fund thing; (5), other legitimate rights and interests, disabled person of infringement. Article 37 This method concrete problem of being applicable, 　　explain by municipal government.
Article 38 Method enter into force on May 1, 2000.