Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Protection of the Disabled
Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Protection of the Disabled
(Adopted at the 41st Session of the Standing Committee of the 9th Municipal People’s Congress on February 6, 1993; amended for the first time in accordance with the Decision on the Amendment of the Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Protection of the Disabled adopted at the 11th Session of the Standing Committee of the 11th Municipal People’s Congress on July 12, 1999; and revised at the 9th Session of the Standing Committee of the 14th Municipal People’s Congress on November 21, 2013; amended for the second time in accordance with the Decision of the Standing Committee of Shanghai Municipal People’s Congress on the Decision on Amending Certain Local Regulations made at the 41st Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on November 23, 2017.)
Chapter I General Provisions
Article 1
With a view to maintaining the legitimate rights and interests of the disabled, developing the undertaking of the disabled, and ensuring their equal and full participation in social life and their sharing of the material and cultural achievements of the society, these Procedures are formulated in accordance with such laws and administrative regulations as the Law of the People’s Republic of China on the Protection of the Disabled and in the light of the actual circumstances of this Municipality.
Article 2
The disabled shall enjoy equal rights with other citizens in political, economic, cultural, social and family lives.
The civil rights and human dignity of the disabled are protected by law. No organization or individual shall discriminate against the disabled.
The disabled shall be encouraged to display optimism and the enterprising spirit, develop self-respect and self-confidence, and strive for self-reliance and self-improvement, so as to make their contributions to socialist construction.
The disabled shall observe laws, rules, regulations and public order, perform their obligations and respect social ethics.
Article 3
The people’s governments at all levels shall strengthen the leadership for the undertaking of the disabled, integrate the undertaking of the disabled in the national economic and social development plan, establish and perfect a social security system and a service system for the disabled, list the undertaking expenditures in the fiscal budget at the same level, and establish a stable financial support mechanism matching social and economic development.
The people’s governments at all levels shall integrate the essential public services for the disabled into the government’s essential public service system, so as to provide the disabled with the essential public services fitting for their special requirements.
The municipal and district people’s governments shall establish an operating committee for the disabled, and be responsible for the organization, coordination, guidance of and supervision over the relevant departments for doing a good job in the undertaking of the disabled.
The departments of development & reform, civil affairs, finance, education, human resources and social security, health and family planning, culture, radio, film & TV, and construction and communications shall do a good job within their respective functions and duties for the disabled and protect their lawful rights and interests.
Article 4
Associations of the disabled at all levels shall, on behalf of the mutual interests of the disabled, maintain the legitimate rights and interests of the disabled, unite and educate the disabled, and provide services for the disabled.
Associations of the disabled at all levels shall carry out the work for the disabled, mobilize social forces and develop the undertaking of the disabled according to laws, rules and regulations or entrusted by the government.
Article 5
The whole society shall understand, respect, show concern and provide help for the disabled, as well as support their undertaking, in the spirit of humanitarianism.
Social organizations and individuals are encouraged to make contributions or donations for the undertaking of the disabled, and provide voluntary services for the disabled.
Article 6
Fosterers of the disabled shall perform the duty of supporting the disabled persons.
Guardians of the disabled shall perform their responsibility of guardianship, respect the intention of the persons under guardianship, and maintain the legitimate rights and interests of the persons under guardianship.
Relatives and guardians of the disabled shall encourage and assist the disabled to enhance their capability of self-reliance.
It is prohibited to conduct domestic violence on the disabled, and to maltreat and desert the disabled.
Chapter II Disability Assessment
Article 7
The disability assessment shall follow the principle of voluntary application.
An applicant of disability assessment shall file the application to the association of the disabled of the sub-district where his/her domicile is registered or of the town/township, the district association of the disabled shall be responsible for the organization of the disability assessment of the applicants to the medical institution designated by the health and family planning department.
Article 8
Medical institutions shall comply with the criteria laid down by the State to make the disability assessment, and provide conveniences for the applicants of disability assessment.
Article 9
If any applicant objects to the disability assessment results of a medical institution, they may apply to a disability appraisal organization for review in accordance with the relevant regulations of this Municipality.
The municipal health and family planning department shall invite experts to form a disability appraisal organization to be responsible for the review and appraisal of disability of the disabled. The conclusion of the appraisal organization shall be final.
Article 10
Those identified as the disabled persons through assessment by relevant medical institutions or by a disability appraisal organization may obtain certificates of the disabled from the district association of the disabled where the domicile of the disabled person is registered.
Chapter III Prevention and Rehabilitation
Article 11
The municipal and district people’s governments shall, in accordance with the relevant regulations of the State and this Municipality, organize and carry out the work on disability prevention in a planned way, perfect the working mechanism of disability prevention. As to the various factors causing disability including inheritance, diseases, medicines, accidents, natural calamities, and environmental pollution, they shall organize relevant departments, mobilize social forces and take measures to prevent disability occurrence and reduce the degree of disability.
Article 12
The health and family planning department shall do a good job in premarital and preconception health guidance, consultation and medical examination, strengthen the monitoring of congenital anomalies, implement the first diagnosis reporting system for the disabled children, establish and perfect the screening, diagnosis and early intervention mechanism for the disabled children.
The health and family planning department as well as the association of the disabled shall establish a system for the screening of the disabled children and for the sharing of disability prevention and intervention information, strengthen information gathering, monitoring and study, and supervise the occurrence and development of the disability.
The civil affairs department shall guide those applying for marriage registration to voluntarily receive premarital health guidance, consultation and medical examination.
Article 13
The municipal and district people’s governments shall establish and perfect the system of the disability statistics and analysis report, make known to the public the principal information and data about the changes of the disabled population.
Article 14
The people’s governments at all levels as well as the departments of health and family planning, finance, education, and civil affairs shall take measures, create conditions for the rehabilitation of the disabled, establish and perfect the service system for the rehabilitation of the disabled, provide full and systematical rehabilitation services, assist the disabled to recover functions or to make compensation for functions, and enhance their ability to participate in social life.
The municipal and district people’s governments shall, in accordance with the social and economic development, formulate and perfect the disabled’s rehabilitation and subsidy policies including those for the rehabilitation assistance of the disabled children and for the disabled aids subsidy, and implement a nursing subsidy system for the seriously disabled persons.
Article 15
The health and family planning department shall establish rehabilitation medical divisions (sections) in the second and third grade comprehensive medical institutions, and run rehabilitation medical institutions in conformity with social needs, carry out the work of rehabilitation medical treatment and training, scientific research, personnel training and technical guidance, and improve step by step the working conditions for the personnel of rehabilitation medicine.
The health and family planning department shall, in accordance with the relevant regulations of running medical institutions by social forces, support social forces to set up rehabilitation medical institutions, and conduct administration and supervision on them.
The disabled associations at all levels shall strengthen the construction of rehabilitation facilitating agencies for the disabled, and upgrade the rehabilitation service capacity.
Article 16
The people’s governments at all levels shall guarantee the normal operation of all community rehabilitation service entities for the disabled in their respective administrative areas, perfect community rehabilitation service facilities for the disabled, integrate all resources to carry out the services of foster care, day-care or home-care of the disabled.
The costs for the construction, renovation, operation and management of community medical rehabilitation service facilities for the disabled shall be covered by the local finance budget; tax authorities shall grant tax reduction or exemptions in accordance with relevant state regulations.
The departments of civil affairs, and health and family planning as well as associations of the disabled shall organize and guide urban and rural community service organizations, medical treatment, prevention and health institutions, organizations of the disabled, families of the disabled and other social forces to carry out the work of community rehabilitation.
Article 17
Special education schools, special education classes under common schools or other educational institutions, welfare enterprises of the disabled and social welfare agencies shall, as required, set up rehabilitation places, and guide and help the disabled in the training of their functions, self-care ability and labor skills to provide them with the rehabilitation services.
Article 18
The departments of science and technology, economy and informatization, civil affairs, and finance, as well as associations of the disabled shall encourage and support the development of the disabled aids industry, construct a service system for the aids research, production, supply, estimation, adaptation, and training, perfect the platform of integrated aids information service, and provide systematic aids adaptation services to meet the needs of the disabled.
Article 19
The education department shall guide medical colleges/universities and other relevant academies to set up in a planned way rehabilitation medical treatment and technical aids adaptation courses or specialty, and cultivate relevant professional talents.
The health and family planning department shall strengthen the training of qualified personnel for rehabilitation medicine, include the rehabilitation medicine and aids adaptation technology in the training contents of community rehabilitation personnel so as to help them acquire the essential rehabilitation medical treatment skills.
Article 20
The people’s governments at all levels as well as relevant departments shall make full use of the mass media including radio, television, newspapers and periodicals, and the Internet, give via a variety of forms publicity to the knowledge on disability prevention to enhance the social awareness of disability prevention; carry out publicity services for the work of disabled rehabilitation, popularize rehabilitation knowledge to the disabled, their relatives, the relevant working personnel and voluntary workers, impart rehabilitation methods, and improve the self-rehabilitation consciousness of the disabled.
Chapter IV Education
Article 21
The people’s governments at all levels shall integrate education for the disabled in the development planning of educational cause, perfect the system of education for the disabled, ensure the funding for the disabled education so that the educational cause for the disabled will meet their schooling needs.
Social forces are encouraged to set up special educational institutions and provide financial aid to the educational cause for the disabled.
Article 22
This Municipality’s education departments at all levels shall raise step by step the capability of general educational institutions for the enrollment of the disabled persons who meet the requirements. General educational institutions shall provide convenience and assistance for the study of the disabled persons enrolled.
Article 23
The departments of education, and health and family planning shall guide and coordinate relevant educational institutions and medical institutions to establish a cooperative mechanism, and shall provide the pertinent education, rehabilitation and health care services for the disabled children and students who receive preschool education, compulsory education and senior high school education to promote the overall physical and mental development of the disabled children and students.
Article 24
The disabled children and students who receive preschool education, compulsory education and senior high school education shall enjoy the corresponding free treatment according to this Municipality’s relevant regulations.
Article 25
The general preschool education institutions shall enroll those disabled children who can adapt to the school life, and ensure the disabled children’s rights of receiving preschool education.
The district education department shall, in accordance with the educational resources of the administrative area as well as the number and distribution of the disabled children, run special educational preschools or set up special preschool educational institutions, and enroll those disabled children who are unable to receive the general preschool education.
Article 26
The general schools at the compulsory education stage shall enroll those disabled school-age children and teenagers who can adapt to the school life for study in regular classes, and guarantee the disabled children and teenagers’ rights of receiving compulsory education.
The education department shall run corresponding special schools or classes, enroll those disabled school-age children and teenagers who are unable to receive general education at school, and take measures to improve the school conditions and the quality of education.
For those seriously-disabled children and teenagers at the compulsory school age who are unable to study at school, the education department shall establish a unified management system of student status, and organize and provide them with on-site teaching service.
Article 27
The Municipal People’s Government and its educational department shall take measures, support and encourage general senior high schools and vocational schools as well as colleges and universities to create conditions, increase schooling chances for the disabled students, and expand the specialties and scales for enrolling the disabled students.
General senior high schools and vocational schools as well as colleges and universities shall, under the same conditions, enroll first those disabled examinees with learning capacity and self-care ability and up to the entrance requirements. Their admission shall not be refused owing to their disability. Vocational schools as well as colleges and universities may arrange a certain percentage of enrolment to admit the disabled students majoring in the suitable specialties and may reduce appropriately the requirements for physical conditions in accordance with the characteristics of the specialties.
General senior high schools and vocational schools as well as colleges and universities shall, in accordance with the physical and psychological characteristics of the disabled students, formulate corresponding educational plans and teaching programs, develop the potential of the disabled students, provide corresponding services, and assist the disabled students to complete their studies and adapt to the society.
Article 28
The education department as well as the relevant institutions and schools shall utilize the present information technology to develop remote education for the disabled, construct a platform of learning via the Internet, develop network learning resources, set up suitable specialties and courses for the disabled, and create conditions for the disabled to receive lifelong education.
The disabled persons are encouraged to receive adult higher education, and remote education, and attend self-study examinations of higher education.
The disabled persons who participate in adult academic education shall enjoy corresponding tuition subsidy according to the relevant regulations of this Municipality.
Article 29
The education department shall strengthen the contingent construction of teachers for special education, and perfect the pre-post cultivation and on-the-job training system for special education teachers, so as to make the special education teachers acquire the expertise and skills for carrying out special education.
General normal schools shall set up special education courses or teach relevant contents, and make the ordinary teachers acquire necessary knowledge and skills for special education.
Teachers shall be encouraged to engage in special education on a long-term basis. Special education teachers shall enjoy special education subsidy in accordance with the relevant regulations of the State. For those engaged in special education for an accumulated total of 25 years, their special education allowance shall be included in their pensions. Those who have made outstanding contributions to special education shall be given priority in professional title appraisal and promotion.
Chapter V Labor and Employment
Article 30
The people’s governments at all levels shall formulate overall plans for the employment of the disabled. For those disabled persons with certain work ability, self-care ability, and reaching the statutory age for employment, their employment shall be arranged through a variety of channels, at different levels, and in multiforms, in accordance with the policy of combining concentration and dispersion in job placement. Preferential policies shall be adopted to provide support for such employment, so as to ensure its becoming more and more popular, stable and rational.
The people’s governments at all levels shall develop suitable public-welfare posts for the employment of the disabled, perfect relevant policies, and promote the employment of the disabled.
Article 31
The people’s governments at all levels shall encourage social forces to set up welfare enterprises for the disabled, blind massage entities and other welfare units according to law, arrange the employment for the disabled in a centralized way, and strengthen support in production, operation, technology, funds, materials and places; the tax affairs department shall render tax preferences in accordance with the regulations of the State.
Welfare enterprises for the disabled shall arrange properly the production and living for the disabled employees, positively develop and adopt the special devices for them, construct welfare facilities, and carry out recreational and sports activities, so as to improve the cultural standard and the health level of the disabled employees.
The municipal and district people’s governments and their departments of development & reform, economy and informatization, and civil affairs shall put into effect relevant policies, determine the products and items suitable for the disabled’s production and operation, give priority to the arrangement for the production or operation of these products and items by the welfare enterprises for the disabled, and determine the products suitable to be produced exclusively by such welfare enterprises in accordance with their productive characteristics. Other enterprises shall be encouraged to provide productive items suitable for the welfare entities for the disabled.
The government procurement department shall, under the same conditions, give priority to the products or services of the welfare entities for the disabled in their purchase.
Article 32
The state organs, mass organizations, enterprises and institutions as well as non-governmental non-enterprise units shall allocate a quota of specified percentage of their present work force for the job placement of the disabled and recruit those disabled who meet their recruitment or employment conditions. The specified percentage for the job placement of the disabled shall be determined by the municipal people’s government according to the relevant state regulations and the actual situation in this municipality.
State organs, mass organizations, enterprises and institutions as well as non-governmental non-enterprise units whose employment for the disabled exceeds the quota specified in the proceeding clause shall be given economic incentives in accordance with specified standards; those that fail to fulfill the above quota shall, pay the employment security fund for the disabled according to the relevant provisions in this Municipality.
State organs and institutions shall provide posts of employment suitable for the disabled, and recruit the disabled people according to the principle of openness and impartiality; for those posts that the disabled persons are able to work on, the eligible disabled persons shall be recruited preferentially under the same conditions.
Employment security funds for the disabled shall be levied by organizations undertaking social insurance affairs under the human resources and social security department. Employment security funds for the disabled shall be rationally and effectively used in accordance with relevant regulations, and shall accept the supervisory administration of the departments of finance, and auditing.
Article 33
The people’s governments at all levels shall encourage and support the disabled to choose career by themselves and to start their own business.
For those self-employed disabled people, the relevant departments shall exempt them from administrative fees and render them tax preferences according to law, as well as show consideration for them in the aspects of operational places; the district people’s governments shall render them appropriate social insurance subsidies.
Article 34
The municipal and district human resources and social security departments shall establish public employment service agencies, and provide employment services free of charge for the disabled.
The employment service agencies for the disabled run by the municipal and district associations of the disabled shall organize and implement free vocational guidance as well as occupation introduction and vocational training, provide services and assistance for the employment of the disabled and for the recruitment of the disabled by employing units.
Occupational training agencies at all levels and of various kinds shall be encouraged to conduct vocational skills training programs helpful to the employment of the disabled.
The municipal and district people’s governments shall grant appropriate subsidies to the vocational training agencies for their training of the vocational skills of the disabled in accordance with the relevant regulations of this Municipality.
Article 35
The people’s governments at all levels as well as rural grassroots organizations shall organize and support the rural disabled people to be engaged in planting, aquaculture, handicraft industry and other forms of productive labor.
For those rural disabled people who are engaged in rural productive labor, the departments of development & reform, agriculture, as well as human resources and social security shall assist in production service, technical guidance, skill training, agricultural supply, acquisition of agricultural and sideline products, and credit.
Article 36
No employing units shall discriminate against the disabled staff members and workers in recruitment, regularization, promotion, professional title appraisal, training and advanced studies, labor remuneration, welfare and benefits, rest and vacation and social insurance.
The employing units shall assign suitable jobs or posts to the disabled, taking into account their physiological and psychological characteristics, provide corresponding labor conditions and protection, and make modification in workplaces, labor equipment and living facilities in accordance with actual requirements.
Chapter VI Cultural Life
Article 37
The departments of culture, radio, films & TV, press and publication, as well as sports shall guide relevant units to adopt the following measures and enrich the spiritual and cultural life of the disabled:
1. to reflect the work and life of the disabled and serve them in a variety of forms, such as radio, films, TV, press, books, the Internet, dramas, music, dancing, fine arts, folk arts and PSAs;
2. to rganize and support in a planned way the compilation and publishing of books and audio materials in braille and other books for the disabled, set up reading rooms for books and audio materials in braille in public libraries, and perfect service functions of barrier-free digital libraries;
3. to introduce such TV programs as news, science popularization and documentaries with sign language or captions, hold barrier-free movie shows in the qualified cinemas, and conduct barrier-free movie-day activities;
4. to organize and support the disabled to carry out mass cultural and recreational activities, hold special art performance and special exhibitions, and participate in domestic and international competitions and exchanges; and
5. to carry out extensive mass sports activities among the disabled, hold sports games of the disabled, popularize fitness and rehabilitation items suitable for the physical and psychological characteristics of the disabled, and allocate fitness and rehabilitation equipment and apparatus suitable for the disabled in public sports facilities of physical culture and in comprehensive service facilities for the disabled.
The departments of culture, radio, film & TV, press and publication, and sports, and the relevant departments shall give special guidance, and provide preferential services for the participation of the disabled in cultural and physical activities.
Article 38
When the disabled participate in the concentration training, performance or competition of nationwide and international cultural or physical activities, their schools shall retain the academic status for them, and their units shall guarantee their benefits; for those disabled persons without fixed income, the organizer shall grant compensatory allowance.
The departments of sports, human resources and social security, education, and finance, as well as the associations of the disabled shall take measures, cultivate and select the back-up talents for athletic sports of the disabled, and perfect a safeguard mechanism in athlete allowance, schooling and placement for disabled people.
Article 39
The sightseeing and visiting places that practice government pricing or government price guidance shall be open free of charge to the disabled with effective certificate.
The sightseeing and visiting places that practice market-adjusted price may refer to the provisions of the preceding clause for their implementation.
Chapter VII Social Security and Services
Article 40
State organs, mass organizations, enterprises, institutions, non-governmental non-enterprise units and other organizations shall take measures, to protect the rights of the disabled for accepting social aids, participating in social insurance and enjoying social welfare.
Article 41
The people's governments at all levels shall, in accordance with relevant regulations of the State and this Municipality, render assistance to those disabled people who meet the assisting conditions.
In making the economic status identification of the disabled families applying for the minimum living guarantee, the civil affairs department shall, in accordance with relevant regulations, not count in some portion of their allowance and subsidy as their household income; and shall raise the relief standard for the seriously-injured and unemployed disabled people who enjoy the minimum guarantee.
Social forces and charity institutions shall be encouraged to render assistance to the disabled.
Article 42
The municipal and district people’s governments shall, in accordance with relevant regulations of the State and this Municipality, grant proper subsidies to the seriously-injured and impoverished disabled people for their individual contribution to the social endowment insurance of urban and town residents, the essential medical insurance of urban and town residents, the new rural social endowment insurance and the new rural cooperative medical service.
Article 43
The human resources and social security department shall bring medical rehabilitation items that comply with the requirements into the coverage of all the essential medical insurance, and alleviate the burden of medical rehabilitation for the disabled.
The seriously-injured disabled people as well as the other disabled people who meet the requirements, may enjoy corresponding subsidies for their self-bearing medical expenses in accordance with this Municipality’s relevant regulations, apart from enjoying the medical insurance treatment.
Article 44
The housing support and building administration department shall give priority to those disabled families meeting the requirements when arranging low-rent houses; and shall give assistance to those disabled families meeting the requirements, when they apply for public rental houses or joint-ownership indemnificatory houses in application acceptance, house selection and allocation.
Article 45
The municipal and district people’s governments shall, in accordance with the actual circumstances, provide convenience and privileges for the disabled taking public transport and those with two crippled lower limbs in need of help taking barrier-free taxi. Specific procedures shall be separately formulated by the departments concerned of the Municipal People’s Government jointly with the Municipal Association of the Disabled.
The blind with legal certificate may take public transport free of charge including town buses, trams/trolleybuses, metro/subway and ferries. Books for the blind may be posted and delivered free of charge.
Article 46
In formulating the annual plan of the use of funds as well as the annual budget for welfare lottery projects, the civil affairs department shall arrange certain funds for the expenditure of social welfare services of the disabled, and the arrangement shall be put into implementation after authorization; the use and management of the funds shall be made known to the public at regular intervals according to law.
Article 47
The people’s governments at all levels may give appropriate support to and cultivate relevant social organizations via the mode of government procurement of service to provide the disabled with social services in various forms.
Social forces shall be encouraged and supported to set up service entities or items for the disabled, including rehabilitation, education, foster care, barrier-free communication, and psychological consultation.
Article 48
The public transport operation units, medical institutions, public utility and real estate service units shall provide preference and supporting services for the disabled in purchase of tickets, medical treatment, gas installation, and house repair.
Chapter VIII Barrier-free Environment
Article 49
The municipal and district people’s governments shall be responsible for organizing and formulating the development plan of barrier-free environment construction, and organize its implementation.
The construction and communications department shall be responsible for the supervision and administration of the construction activities of barrier-free facilities, formulate the construction standards of barrier-free facilities jointly with the relevant departments, and exercise supervision and inspection on the construction situation of barrier-free facilities.
The economy and informatization department shall do a good job in the construction of barrier-free communication within their respective functions and duties.
Article 50
When building, renovating, or extending roads, public buildings, public transit facilities, residential buildings, or residential quarters, the construction standards of barrier-free facilities shall be observed. The project of barrier-free facilities shall be synchronously designed, constructed, checked and accepted, and put into operation with the main work. Where the project fails to be designed in accordance with the construction standards of barrier-free facilities, the construction drawings and design documents shall not get approved; in case the project fails to be implemented in accordance with the construction standards of barrier-free facilities, the relevant competent administrative department shall not file a record with the final acceptance report.
Construction project owners or caretakers shall be responsible for the maintenance of barrier-free facilities, and ensure their regular service; the maintenance fee of barrier-free facilities shall be borne by the owners of construction projects.
Article 51
The municipal and district people's governments shall render appropriate subsidies to the seriously-disabled families meeting the requirements for setting up barrier-free facilities
Article 52
Public service agencies and public places shall provide communication service for the disabled with voice and text prompts, and gradually with sign language and braille.
Article 53
Public transport operation units shall, in accordance with the actual requirements, allocate step by step barrier-free vehicles, and set up barrier-free transport operation signs of easy identification.
Public transport operation units shall install voice and text systems to announce stops on the transport operational vehicles.
Article 54
Public parking lots/garages in medium- and large public places as well as those in large-scale residential quarters shall allocate and indicate barrier-free parking space at places convenient for the exclusive use of the vehicles driven or taken by the physically disabled in accordance with the construction standards of barrier-free facilities.
Article 55
The blind may carry a seeing eye dog when accessing public places or taking public transport.
When accessing public places or taking public transport with a seeing eye dog, the blind shall put a guide saddle on the seeing eye dog and shall take the use permit, and shall observe other relevant regulations of the State and this Municipality.
Chapter IX Legal Liability
Article 56
Any state organ, mass organization, enterprise, institution, or non-governmental non-enterprise unit that fails to pay employment security funds for the disabled people as required in violation of the provision of Clause 2 of Article 32 of these procedures shall be ordered by the human resources and social security department to pay for them within a prescribed time limit; any above-mentioned unit that refuses to pay within the prescribed time limit shall be charged a fine of five thousandths of the overdue payment per day from the date of default in addition to paying the total amount owed. The overdue fines shall be merged into the employment security funds for the disabled.
Any above-mentioned unit that refuses to pay the employment security funds or the overdue fines for the disabled people shall be levied in a compulsory way by the people’s court upon application by the human resources and social security department according to law.
Article 57
For any one of the following acts committed by the working personnel of the relevant government departments or of associations of the disabled, the executive staff in direct responsibility or other persons directly responsible shall be punished with a warning according to law by his/her unit or the superior organ; if the wrongful act is serious, he/she shall be given a recording of demerit; if the wrongful act is very serious, he/she shall be given a recording of gross demerit:
1. failing to perform duties according to law and damaging the legitimate rights and interests of disabled people; or
2. failing to deter the act of infringing the rights and interests of the disabled in a timely manner or failing to give the disabled people who fall victim necessary assistance.
Article 58
Where the Law of the People’s Republic of China on the Protection of the Disabled or other laws or administrative regulations have provided punishment for other violations of the provision of the present Procedures, such provisions shall apply.
Chapter X Supplementary Provisions
Article 59
Disabled soldiers shall enjoy the relevant treatment for the disabled in the society besides enjoying the special assurance rendered by the State at the same time.
Article 60
These Procedures shall be effective as of April 1, 2014.
