Article 1. In order to safeguard the legitimate rights and interests of persons with disabilities, develop the cause of persons with disabilities, ensure the equality of persons with disabilities, fully participate in social life, and fully enjoy the material and cultural achievements of society, in accordance with the "National People's Congress and the People's Republic of China" The National Disability Protection Law and other relevant laws and administrative regulations are formulated based on the actual conditions of this province.
Article 2 The civil rights and personal dignity of persons with disabilities are protected by law. The whole society should establish the concept of "equality, participation, and full enjoyment" for disabled people, understand, respect, care for, help disabled people, and support the cause of disabled people.
Encourage disabled people to have self-esteem, self-confidence, self-reliance, and self-reliance.
Article 3 People's governments at all levels shall strengthen leadership over the work for persons with disabilities, incorporate the cause of persons with disabilities into national economic and social development plans, formulate plans and annual plans for the development of causes for persons with disabilities in their respective administrative regions, and study Solve major issues in the work of people with disabilities.
People's governments at or above the county level should include funds for disabled persons in their fiscal budgets and establish a stable funding guarantee mechanism that is consistent with economic and social development.
People's governments at or above the county level shall retain the profits raised from the sales of welfare lotteries, sports lotteries and other public welfare lotteries at the same level and use them to develop causes for persons with disabilities in accordance with national and provincial regulations.
Article 4 The Disability Work Committee of the people's government at or above the county level shall organize, coordinate, guide and supervise relevant departments to do a good job in the cause of persons with disabilities. Its main responsibilities are:
( 1) Promote laws and regulations related to the protection of persons with disabilities, and supervise and inspect their implementation;
(2) Establish an assessment mechanism for the work of persons with disabilities, and conduct annual evaluations on the performance of work responsibilities for persons with disabilities by each member unit Assessment and evaluation;
(3) Organize and carry out investigations and studies on major matters involving the protection of persons with disabilities, and provide opinions and suggestions to the people's government or relevant departments;
(4) Supervise relevant departments to investigate and deal with them Acts that infringe upon the legitimate rights and interests of persons with disabilities;
(5) Do a good job in other aspects of protecting persons with disabilities.
The Secretariat of the Disabled Persons’ Working Committee is located in the Disabled Persons’ Federation at the same level and is responsible for the daily work of the Disabled Persons’ Working Committee.
Article 5 Units that are members of the People’s Government at or above the county level’s Working Committee for Disabled Persons shall do a good job in providing work for persons with disabilities within the scope of their responsibilities.
People's governments at all levels and relevant departments shall supervise and inspect work related to the rights and interests of persons with disabilities, such as rehabilitation medical care, education and training, labor and employment, culture and sports, social security, and barrier-free environment construction. Attract disabled people's organizations at the same level to participate.
Article 6 Disabled Persons’ Federations at all levels represent the common interests of disabled people, safeguard the legitimate rights and interests of disabled people, unite and educate disabled people, serve disabled people, and in accordance with laws, regulations, and charters Or accept government entrustment to carry out work for persons with disabilities, mobilize social forces, and develop causes for persons with disabilities.
Article 7 State agencies at or above the county level shall take measures to ensure that persons with disabilities can participate in the management of state affairs, economic and cultural undertakings, and social affairs through various channels and forms in accordance with the law. If disabled people participate in management, relevant state agencies should provide them with Braille, sign language interpretation and other services.
When formulating local regulations, government regulations and public policies that involve major issues concerning the rights and interests of persons with disabilities and their causes, the opinions and suggestions of persons with disabilities and their organizations should be listened to.
Article 8 The "Disability Certificate of the People's Republic of China" (hereinafter referred to as the Disability Certificate) is an important certificate for disabled people to enjoy preferential treatment and support such as rehabilitation, education, employment, culture and sports.
Disabled persons’ certificates shall be approved by the districted city Disabled Persons’ Federation and issued by the county (city, district) Disabled Persons’ Federation.
General hospitals or specialized medical institutions at or above the county level shall assist the Disabled Persons' Federation in carrying out disability assessment work.
Article 9 People's governments at all levels and relevant departments shall make outstanding contributions to disabled people who have made outstanding achievements in socialist construction and in developing the cause of disabled people, serving disabled people, and safeguarding the legitimate rights and interests of disabled people. Contributing units and individuals will be commended and rewarded.
People's governments at all levels and the whole society should carry out a wide range of activities to assist the disabled, and carry out theme activities to assist the disabled during the National Disability Day.
Article 10 Guardians of disabled people must perform guardianship duties and safeguard the legitimate rights and interests of disabled people.
Article 11 Social organizations and individuals are encouraged to provide donations and services for disabled people.
Encourage the development and application of rehabilitation equipment, assistive devices, special education tools and barrier-free information exchange products for disabled people.
Article 12 Mass media such as radio, television, newspapers and magazines, and the Internet shall publicize laws and regulations on the protection of persons with disabilities, publish and broadcast public service advertisements reflecting support for the disabled, and report on support and assistance for the disabled and disability People's first deeds. Article 13 People's governments at all levels shall carry out rehabilitation work for disabled people in a planned manner, publicize and popularize rehabilitation knowledge, establish and improve the rehabilitation service system for disabled people, and include rehabilitation funds for disabled people in the fiscal budget as planned.
Article 14 People's governments at all levels should establish and improve statistical survey systems for disabled people, carry out statistical surveys and analytical studies on the status of disabled people, establish a disability reporting system, and strengthen information collection and dynamic monitoring.
Article 15 People's governments at all levels shall organize the implementation of key rehabilitation projects, provide subsidies for poor disabled people's basic rehabilitation needs such as rehabilitation training and assistive device adaptation, help disabled people restore or compensate for their functions, and enhance their life and production capacity.
People's governments at all levels should establish and improve the rehabilitation and assistance system for disabled children, and gradually provide free medical rehabilitation to disabled children from poor families.
Article 16 People’s governments at all levels and relevant departments shall establish rehabilitation institutions for disabled people in a planned manner, set up rehabilitation medicine departments or offices in qualified medical institutions, and establish rehabilitation medicine departments or offices in special education schools (classes) and social institutions. Welfare institutions and other institutions where disabled people are concentrated should set up rehabilitation training places to provide rehabilitation services for disabled people.
Medical schools and other relevant institutions should set up relevant majors or offer rehabilitation courses in a planned manner to cultivate various types of rehabilitation professionals. Article 17 People's governments at all levels shall include the education of persons with disabilities in the overall plan for the development of education, and set up special subsidies as needed to develop education for persons with disabilities, so as to ensure that persons with disabilities enjoy equal rights to receive education.
Encourage and support social forces to establish various educational institutions for disabled people or provide donations for the education of disabled people.
Article 18 People's governments at all levels shall establish an educational assistance system for disabled children and teenagers, provide free textbooks to disabled students receiving compulsory education and students from poor disabled families, and provide boarding living expenses and other cost subsidies. ; For disabled students who receive education other than compulsory education and students from poor families with disabilities, subsidies and fee reductions will be provided through various methods such as grants in accordance with relevant national regulations.
Article 19 Ordinary early childhood education institutions, ordinary primary schools, and junior secondary schools must recruit disabled infants, children, and teenagers of appropriate age who can adapt to their lives and studies. Ordinary senior secondary schools, secondary vocational schools, and colleges Schools must admit disabled candidates who meet national admission requirements and may not refuse admission because of their disabilities. If an educational institution refuses to recruit, the relevant departments should urge it to recruit.
The guardians of school-age disabled children and teenagers who can adapt to school life and study should send them to school to receive compulsory education, and they are not allowed to drop out of school.
For school-age disabled children and teenagers who can adapt to school life and study, or drop out of school, urban and rural grassroots mass autonomous organizations should persuade their guardians to send them to school.
Article 20 The people's governments at or above the county level shall, based on factors such as the number, distribution, and type of disabilities of disabled people, follow the principle of "compulsory education is mainly in the county, senior secondary education is mainly in the city, and secondary and secondary education is mainly in the city." According to the principle of "provincial-based vocational education", special education institutions for disabled people should be set up reasonably, and special education can also be provided to disabled people who are not suitable for studying in ordinary education institutions through the establishment of special education points in ordinary schools.
People's governments at or above the county level should allocate a certain proportion of funds in the fiscal budget for special education for persons with disabilities, and allocate necessary funds from the education surcharge to ensure the development of special education for persons with disabilities.
For established special education schools and special education classes, priority should be given to ensuring their funding, and should be gradually increased as education expenses increase to improve school running conditions.
Article 21 The people’s governments at or above the county level shall incorporate the vocational education of persons with disabilities into the overall vocational education development plan, establish vocational education and training institutions for persons with disabilities or set up education points in ordinary vocational education institutions, and provide Provide skills training to improve their employment and entrepreneurial capabilities.
Article 22 Teachers engaged in special education, sign language interpreters, Braille interpreters, workers with disabilities who have received sign language training and obtained certificates and other personnel enjoy special education subsidies. Specific measures shall be formulated by the Provincial People's Government. Article 23 People's governments at all levels should make overall plans for the employment of disabled people, establish an employment service system for disabled people, expand employment channels for disabled people, publish employment information for disabled people, and protect the labor rights of disabled people.
Encourage and support disabled people to choose their own careers and start their own businesses.
Article 24 State agencies, social groups, enterprises, institutions, and private non-enterprise units shall arrange employment for disabled people at a ratio of no less than 1.5% of the total number of employees in the unit. State agencies, people's organizations, public institutions, state-owned enterprises and other units should take the lead in arranging employment for disabled people.
The Disabled Persons’ Federation at or above the county level conducts an annual review of the employer’s proportional employment status of disabled persons. If the stipulated ratio is not reached and the Disabled Persons' Federation recommends disabled persons who are suitable for employment, the employer shall give priority to accepting them in accordance with relevant regulations. Employers that have not reached the prescribed ratio upon recommendation by the Disabled Persons' Federation shall pay employment security funds for persons with disabilities.
Employment security funds for persons with disabilities are withheld by financial departments at or above the county level and collected by taxation and other departments, and their use and management are carried out in accordance with relevant national regulations.
Article 25: State agencies, social groups, enterprises, public institutions, and private non-enterprise units openly recruit civil servants and recruit staff, and shall not discriminate against persons with disabilities.
The employer shall provide disabled employees with working conditions and labor protection suitable for their physical conditions, reasonably determine labor quotas, and shall not make any adjustments in promotion, professional title evaluation, labor remuneration, living welfare, rest and vacation, social insurance, etc. Discrimination against people with disabilities. Employers may not terminate or terminate the labor contract with a disabled employee on the grounds that he or she is physically disabled or unable to perform the job.
Article 26 People’s governments at or above the county level shall increase and set up public welfare positions suitable for the employment of disabled persons, select and hire full-time members of disabled persons’ federations and village (community) disabled persons’ associations at the township level, and arrange Disabled people with suitable conditions are engaged in rural and community public park management and cleaning, forest protection, road protection, cultural station management, etc.
The work subsidy, work loss subsidy, social insurance subsidy and other benefits of full-time committee members for persons with disabilities in townships (towns), streets, communities and villages shall be implemented in accordance with relevant national and provincial regulations.
Article 27 People's governments at all levels shall encourage and support the establishment of welfare enterprises for disabled people, massage institutions for the blind and other welfare units that provide centralized employment for disabled people, and reduce or reduce taxes and fees in accordance with relevant regulations.
People's governments at all levels should carry out practical production technology training for disabled people in rural areas, support disabled people with labor ability to engage in planting, handicrafts and diversified operations, and include low-income disabled people and disabled families in poverty alleviation. Enter the poverty alleviation and development plan and prioritize projects and funds.
Article 28 People’s governments at all levels shall provide social insurance subsidies within the corresponding period in accordance with regulations to employers that recruit disabled persons with employment difficulties, sign labor contracts and pay social insurance premiums. Disabled persons with employment difficulties who achieve flexible employment will be provided with social insurance subsidies in accordance with regulations. Article 29 People's governments at all levels should increase funding for cultural and sports activities for disabled people, expand cultural and sports activities for disabled people, organize cultural and sports activities for disabled people, and continuously meet the spiritual and cultural needs of disabled people.
Article 30 People's governments at all levels and society shall take the following measures to enrich the spiritual and cultural life of disabled people:
(1) Cultivate literary, artistic and sports talents for disabled people;
(2) Organize and support people with disabilities to carry out mass cultural, sports and entertainment activities;
(3) Organize and support the compilation and publication of Braille books, audio books for the blind and other books for people with disabilities , Public libraries at or above the county level set up braille reading and audiobook libraries for the blind according to the actual needs of the blind;
(4) Cultural, sports, entertainment and other public activity venues, for Provide convenience and care for the disabled;
(5) Provincial and municipal TV stations to launch sign language programs;
(6) Other measures.
Article 31 Disabled persons can enter parks, zoos, botanical gardens, museums, memorial halls, libraries, art galleries, exhibition halls, stadiums (venues), cultural activity centers, and scientific and technological activities for free with their disability certificates. Center and other public, cultural and sports venues and tourist attractions (spots). If public cultural and sports facilities need to charge usage fees, they should be free or discounted for disabled people. Article 32 People's governments at all levels shall provide social assistance in life, medical care, education, housing and other aspects through various channels to disabled people who have real difficulties in living.
Article 33 The unit where disabled employees work shall pay various social insurance premiums such as basic pension insurance, basic medical insurance, unemployment insurance, work-related injury insurance and maternity insurance in accordance with relevant national and provincial regulations. .
Families where disabled people live and urban and rural grassroots mass autonomous organizations should encourage and help disabled people to participate in social insurance.
Article 34: People’s governments at all levels shall, in accordance with relevant national and provincial regulations, treat poor disabled people and severely disabled people who participate in the basic medical insurance for urban employees, basic medical insurance for urban residents, and new rural cooperative medical care. It is stipulated that individual contributions should be paid on their behalf. After receiving reimbursement from the Urban Employee Basic Medical Insurance, Urban Resident Basic Medical Insurance and New Rural Cooperative Medical Care, the civil affairs department will provide assistance in accordance with the medical assistance policy.
People's governments at all levels should pay pension insurance premiums on behalf of rural disabled people who have difficulty paying individual contributions to the new rural social pension insurance.
Article 35 People’s governments at all levels shall include items such as cataract restoration surgery for disabled people, hospitalization for mental illness, and medical rehabilitation for disabled children into the basic medical insurance for urban employees, the basic medical insurance for urban residents, and the new rural cooperation Scope of medical care: Assistance will be provided in accordance with relevant national and provincial regulations regarding basic medical care, rehabilitation services, and the provision and replacement of necessary assistive devices for poor disabled people who cannot be solved by the basic medical and health system.
People's governments at all levels should raise funds and support the construction of community rehabilitation stations and assistive device supply service stations (sites) for disabled people through government subsidies and social donations.
Article 36 People's governments at all levels shall include all disabled people who meet the minimum living security conditions for urban and rural residents into the scope of minimum living security, and provide assistance to disabled people and disabled people who still have difficulty living after enjoying the minimum living security benefits. Families of disabled people shall take the following measures to ensure their basic life:
(1) Provide living assistance to poor disabled families;
(2) Provide living assistance to severely disabled families;
(3) Establish a living subsidy system such as nursing subsidies for disabled people;
(4) Provide assistance to extremely poor urban disabled families without housing or whose per capita housing construction area is lower than local low-rent housing standards A certain proportion of poor disabled families with disabilities should be allocated to the overall plan for low-rent housing or affordable housing;
(5) Prioritize the implementation of assistance measures for poor disabled people in rural areas who have housing difficulties;
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(6) Other measures.
Article 37 People's governments at all levels shall provide support in accordance with regulations for disabled people who are incapable of working and have no caregivers or whose caregivers do not have the ability to support and have no source of income.
People's governments at all levels should take measures to build support and care service institutions for disabled people to provide daily care, rehabilitation and maintenance, skills training, psychological consultation, etc. for intellectual, mental and severely disabled people as well as elderly disabled people. Public welfare and comprehensive services. The methods and standards for support and care services shall be formulated by the Provincial People's Government.
Encourage and support social forces to open support and care service institutions for disabled people.
Article 38 The people’s governments at or above the county level shall include the construction of comprehensive service facilities for persons with disabilities into urban and rural public welfare construction projects, and include them in project establishment, planning, funding, land expropriation, urban infrastructure supporting fees and taxes. Support will be provided in accordance with regulations in terms of fee reductions and exemptions.
Article 39 Enterprises, institutions and other social organizations engaged in public services shall establish preferential service projects that are convenient for disabled people, and reduce or reduce the basic daily necessities of water, electricity and heating for poor disabled families. , gas, property management, sanitation, basic cable TV viewing maintenance and fixed phone monthly rental fees and other expenses.
Free mail delivery of reading materials for the blind.
Article 40 Medical institutions shall give priority to persons with disabilities who present their disability certificates for registration, payment, testing, medicine collection, hospitalization, etc., and shall reduce or exempt relevant fees in accordance with relevant regulations.
Article 41 Disabled persons have priority in purchasing tickets and taking all types of public transportation with their disability certificates, and can carry assistive devices and guide dogs free of charge. Disabled people can ride the city's public transportation for free with their disability certificate.
Disabled people can enter paid public toilets for free with their disability certificates.
Article 42 The People's Court, People's Procuratorate, Public Security and other relevant departments shall accept complaints, accusations and reports of violations of the legitimate rights and interests of persons with disabilities in accordance with the law, and shall respond to them without shirk or delay.
For disabled people and poor disabled families who really need legal aid or judicial assistance due to financial difficulties or other reasons, local legal aid agencies should provide legal aid in accordance with the law, and the people's court that accepts the case should provide judicial assistance in accordance with the law.
The Disabled Persons’ Federation and the units where disabled people work should provide support to disabled people who need assistance in safeguarding their legitimate rights and interests through litigation. Article 43 People's governments at all levels shall make overall plans for the construction of barrier-free environments and strengthen the daily maintenance and management of barrier-free facilities.
Article 44: Newly built, renovated and expanded buildings, roads, transportation facilities, etc. shall be constructed in accordance with the relevant national barrier-free facility construction standards, and barrier-free facilities shall be designed and implemented at the same time as the main project. Construction and acceptance at the same time.
People's governments at all levels and relevant departments should, in accordance with relevant national regulations, accelerate the construction and renovation of barrier-free facilities in central cities, gradually promote the construction and renovation of barrier-free facilities in small towns and rural areas, and give priority to the renovation of facilities related to the daily work and work of disabled people. Public service facilities closely related to life.
People's governments at all levels and relevant departments should provide funding for barrier-free renovation of the homes of poor disabled families.
Article 45 People's governments at all levels and relevant departments shall create conditions for the barrier-free exchange of information for persons with disabilities. Government information disclosure shall adopt information barrier-free measures, and public service agencies shall provide language, Accessible services such as text prompts, Braille, and sign language provide convenience for people with disabilities to obtain public information.
People's governments at all levels and relevant departments shall provide convenience and provide preferential treatment for disabled persons in driving motor vehicles in accordance with the law, and public parking lots shall set up special parking spaces for disabled persons.
Public transportation should be gradually equipped with barrier-free equipment to facilitate the travel of disabled people. Article 46: State agencies and their staff fail to perform their duties in protecting the legitimate rights and interests of persons with disabilities in accordance with the law, fail to accept or delay the acceptance of complaints, accusations, and reports that infringe upon the legitimate rights and interests of persons with disabilities, or fail to investigate and deal with them after acceptance , causing serious consequences, or retaliating against those who lodge complaints, accusations, or reports, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; if any property loss or other damage is caused, civil liability shall be borne in accordance with the law; it constitutes a crime , be held criminally responsible in accordance with the law.
Article 47 Anyone who violates the provisions of these Regulations and fails to pay or fails to pay the employment security fund for persons with disabilities in full shall be ordered to pay within a time limit by the financial and administrative department or the taxation department; if the payment is overdue, the person shall be expelled from the government. In addition to the overdue payment, a late payment fee of 0.5% shall be charged on a daily basis starting from the date of overdue payment.
Article 48 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be urged by the Working Committee on Disabled Persons to be ordered to make corrections by the relevant competent authorities; those who refuse to make corrections shall be dealt with by the relevant competent authorities in accordance with the law:
(1) Educational institutions refuse to admit students with disabilities, or impose conditions beyond the admission requirements stipulated by the state to restrict the enrollment of students with disabilities;
(2) Employers’ recruitment of employees, etc. Discriminating against persons with disabilities and refusing to arrange employment for persons with disabilities in accordance with regulations; (3) The employer violates relevant laws and regulations by rescinding or terminating the labor contract signed with disabled employees;
(4) Employers falsely report the number of people with disabilities employed to defraud relevant tax exemptions and exemptions; (5) Newly built, renovated and expanded buildings, roads, and transportation facilities that do not comply with national regulations Construction standards for barrier-free facilities, or failure to maintain and protect barrier-free facilities in a timely manner. Article 49 These Regulations shall come into effect on October 1, 2010. The "Shanxi Provincial Measures for the Implementation of the "Law of the People's Republic of China on the Protection of Disabled Persons" adopted at the 31st meeting of the Standing Committee of the Seventh People's Congress of Shanxi Province on October 15, 1992 was abolished at the same time.