东营市农民医疗保险大额医药费补偿办法
山东省东营市人民政府
东营市农民医疗保险大额医药费补偿办法
东营市人民政府令第160号
《东营市农民医疗保险大额医药费补偿办法》已经市政府批准,现予发布。
市 长 张建华
二O一O年八月十三日
东营市农民医疗保险大额医药费补偿办法
第一条 为了提高农民医疗保障水平,减轻农民医疗负担,根据国家、省有关规定,结合本市实际,制定本办法。
第二条 本办法所称农民医疗保险大额医药费(以下简称农民大额医药费),是指参保农民年度内发生的符合农民医疗保险支付范围的医药费累计3万元以上部分。
第三条 卫生部门负责农民大额医药费补偿工作的组织、协调和监督管理,其农民医疗保险管理办公室(以下简称经办机构)具体负责农民大额医药费补偿的审核、报销及管理工作。
财政、监察、审计、人口计生等部门应当各司其职,共同做好农民大额医药费补偿工作。
第四条 设立农民大额医药费补偿专项资金,其中市财政预算每年安排不低于450万元,县区财政按辖区内参保农民2010年每人不低于3元、2011年以后每人每年不低于4元的标准安排补助资金。
随着财政收入的增加,根据农民医疗保障需要,逐步提高财政补助额度。
鼓励县区设立农民大额医药费补偿专项资金。
第五条 农民大额医药费补偿专项资金纳入社会保险基金财政专户,专项管理、专款专用,剩余部分结转下年度使用。
第六条 按照以收定支、量入为出的原则,根据年度专项资金筹集总额和大额医药费发生总额,确定农民大额医药费年度补偿比例。农村独生子家庭、双女户家庭、独生女家庭在年度补偿比例上分别享受增加5%、5%、10%的优惠。
第七条 参保农民发生的大额医药费,凭有效证明和医药费票据,向所在乡镇(街道)经办机构提出申请,由县区经办机构初审后,报市经办机构予以审核、补偿。
第八条 市财政部门每年年初对市卫生部门提出的上年度农民大额医药费补偿方案进行审核后,市、县区财政部门应当及时将农民大额医药费补偿专项资金分别拨付市、县区经办机构。
第九条 卫生部门应当定期向社会公布农民大额医药费补偿专项资金的筹集和使用情况,自觉接受监督。
财政、监察部门应当加强对农民大额医药费补偿专项资金使用的监督;审计部门对农民大额医药费补偿专项资金的收支和管理情况列入年度审计计划,实行专项审计。
第十条 对弄虚作假、虚报冒领农民大额医药费补偿专项资金的,由卫生部门依法追回补偿资金,并取消其当年的补偿资格;构成犯罪的,依法追究其刑事责任。
第十一条 有关经办及管理工作人员玩忽职守、徇私舞弊、挤占挪用农民大额医药费补偿专项资金的,依法给予行政处分;构成犯罪的,依法追究其刑事责任。
第十二条 本办法自发布之日起施行。市政府2004年7月23日发布的《东营市农民医疗保险大额医药费救助暂行办法》(市政府令第110号)同时废止。
REGULATIONS ON SPECIAL ECONOMIC ZONES IN GUANGDONG PROVINCE ——附加英文版
The Standing Committee of the National People's Congress
REGULATIONS ON SPECIAL ECONOMIC ZONES IN GUANGDONG PROVINCE
(Approved for implementation at the 15th Meeting of the Standing
Committee of the Fifth National People's Congress on August 26, 1980)
Contents
Chapter I General Provisions
Chapter II Registration and Operation
Chapter III Preferential Treatment
Chapter IV Labour Management
Chapter V Administrative Organization
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
In order to develop economic cooperation and technical exchanges with
foreign countries and to promote the socialist modernization programme,
certain areas shall be delineated respectively in the three cities of
Shenzhen, Zhuhai and Shantou in Guangdong Province for the establishment
of special economic zones (hereinafter referred to as "special zones").
The special zones shall encourage foreign citizens, overseas Chinese,
compatriots from Hongkong and Macao and their companies and enterprises
(hereinafter referred to as "investors") to open factories and set up
enterprises and other establishments with their own investment or in joint
ventures with our side, and shall protect their assets, the profits due
them and their other lawful rights and interests in accordance with the
law.
Article 2
Enterprises and individuals in the special zones must abide by the laws,
decrees and pertinent provisions of the People's Republic of China. Where
there are specific provisions in these Regulations, they shall be observed
accordingly.
Article 3
A Guangdong Provincial Committee for the Administration of Special
Economic Zones shall be set up to exercise unified administration of the
special zones on behalf of the Guangdong Provincial People's Government.
Article 4
The special zones shall provide investors with a wide scope of operation,
create favourable operating conditions and guarantee them stable business
sites. Investors may establish, with their own investment or in joint
ventures with our side, all projects that have positive significance for
international economic cooperation and technical exchanges, including
industry, agriculture, animal husbandry, aquaculture, tourism, housing and
construction, and research and manufacture involving high technology, as
well as other businesses of common interest to investors and to our side.
Article 5
Land-levelling projects and various public works in the special zones such
as water supply, drainage, power supply, roads, wharves, communications
and warehouses shall be undertaken by the Guangdong Provincial Committee
for the Administration of Special Economic Zones. When necessary, foreign
investment may be used in building these projects.
Article 6
Each of the special zones shall invite Chinese and foreign specialists and
relevant personages who are enthusiastic about China's modernization
programme to form an advisory committee that will serve as a consultative
body for that special zone.
Chapter II Registration and Operation
Article 7
Investors wishing to open factories or set up various economic
undertakings in the special zones with their own investment shall apply to
the Guangdong Provincial Committee for the Administration of Special
Economic Zones, which shall issue them registration certificates and land
use certificates after examination and approval.
Article 8
Investors may open accounts and conduct their foreign exchange
transactions with the Bank of China established in the special zones or
with other banks established there with the approval of the Chinese side.
Investors may take out various kinds of insurance policies at the People's
Insurance Company of China in the special zones or at other insurance
companies established there with the approval of the Chinese side.
Article 9
Products of the enterprises in the special zones shall be sold on the
international market. If their products are to be sold in the interior of
China, they must have the approval of the Guangdong Provincial Committee
for the Administration of Special Economic Zones and go through the
procedures for paying customs duties.
Article 10
Investors may operate their enterprises independently in the special zones
and employ foreign personnel for technical and managerial work.
Article 11
If an enterprise established by an investor in the special zones wishes to
terminate operations before its scheduled expiration, it shall report the
reasons to the Guangdong Provincial Committee for the Administration of
Special Economic Zones, go through termination procedures and settle
claims and debts. After termination of operations, its assets may be
assigned and its funds may be remitted out of China.
Chapter III Preferential Treatment
Article 12
Land in the special zones is owned by the People's Republic of China. The
land to be used by investors shall be provided according to actual needs,
and preferential treatment shall be given with respect to the duration of
its use, the amount of the use fee and the method of payment according to
the different types of business and uses. Provisions for specific
measures shall be made separately.
Article 13
The machinery and equipment, spare parts, raw and semi-processed
materials, means of transportation and other capital goods necessary for
production that are imported by enterprises in the special zones shall be
exempted from import duties. The necessary consumer goods may either be
subjected to import duties or allowed a reduction or exemption therefrom,
depending on the specific situation of each case. When the above-mentioned
goods are imported or products of the special zones are exported, a
customs declaration shall be filed.
Article 14
The enterprise income tax rate in the special zones is 15 percent. Special
preferential treatment shall be given to enterprises established within
two years of the promulgation of these Regulations, to enterprises with an
investment US$ 5 million or more, and to enterprises involving higher
technology or having a longer period of capital turnover.
Article 15
The lawful profit that an investor receives after payment of the
enterprise income tax, and the wages and salaries and other legitimate
earnings that foreign, overseas Chinese and Hongkong and Macao workers and
staff members of an enterprise in the special zones receive after payment
of the individual income tax, may be remitted abroad through the Bank of
China or other banks in the special zones, in accordance with the
provisions of the foreign exchange control measures of the special zones.
Article 16
An investor that reinvests its share of the profit in the special zones
for a period of five years or longer may apply for a reduction of or an
exemption from income tax on the reinvested portion.
Article 17
Enterprises in the special zones shall be encouraged to use machinery and
equipment, raw and semi-processed materials and other materials produced
in China, and preferential prices shall be offered on the basis of China's
current export prices for the same kinds of commodities, using foreign
exchange to settle accounts. These products and materials may be shipped
directly to the special zones with the sales vouchers of the selling
units.
Article 18
Entry and exit procedures shall be simplified and conveniences given to
the foreign personnel, overseas Chinese and compatriots from Hongkong and
Macao entering and leaving the special zones.
Chapter IV Labour Management
Article 19
A labour service company shall be set up in each of the special zones.
Chinese staff members and workers to be employed by enterprises in the
special zones, whether they are recommended by the local labour service
companies or recruited by the investors themselves with the consent of the
Guangdong Provincial Committee for the Administration of Special Economic
Zones, shall all be tested by the enterprises before employment and labour
contracts shall be signed with the staff members and workers.
Article 20
The staff members and workers employed by enterprises in the special zones
shall be managed by the enterprises according to their business
requirements and, when necessary, may be dismissed, after going through
the procedures provided in the labour contracts. Staff members and
workers of the enterprises in the special zones may submit their
resignations to the enterprises in accordance with the provisions of the
labour contracts.
Article 21
The wage levels, types of wages, award measures and the labour insurance
and various state subsidies for the Chinese staff members and workers of
the enterprises in the special zones shall be included in the contracts
signed by the enterprises with the staff members and workers as stipulated
by the Guangdong Provincial Committee for the Administration of Special
Economic Zones.
Article 22
Enterprises in the special zones shall adopt the necessary measures for
labour protection to ensure that staff members and workers work in safe
and hygienic conditions.
Chapter V Administrative Organization
Article 23
The Guangdong Provincial Committee for the Administration of Special
Economic Zones shall exercise the following functions and powers:
(1) to draw up development plans for the special zones and organize their
implementation;
(2) to examine and approve the investment projects of investors in the
special zones;
(3) to handle registration of industrial and commercial enterprises and
land allotment in the special zones;
(4) to coordinate working relations among the banking, insurance,
taxation, Customs, frontier inspection, postal and telecommunications and
other organizations in the special zones;
(5) to provide the staff members and workers needed by enterprises in the
special zones and protect the legitimate rights and interests of the staff
members and workers;
(6) to establish educational, cultural, health and various public welfare
institutions in the special zones; and
(7) to maintain law and order in the special zones and protect, in
accordance with the law, the persons and property in the special zones
against encroachment.
Article 24
The Shenzhen Special Zone shall be under the direct management and
administration of the Guangdong Provincial Committee for the
Administration of Special Economic Zones. Necessary offices shall be set
up in the Zhuhai and Shantou Special Zones.
Article 25
A Guangdong Provincial Special Economic Zones Development Company shall be
set up to suit the expanding economic activities in the special zones. Its
scope of business shall include: undertaking to raise funds and handle
trust investment business; operating, or jointing with investors in
operating, relevant enterprises in the special zones; acting as agent for
investors in the special zones in transactions relating to sales and
purchases in trade with the interior; and providing services for business
talks.
Chapter VI Supplementary Provisions
Article 26
These Regulations shall go into effect after they have been adopted by the
People's Congress of Guangdong Province and submitted to and approved by
the Standing Committee of the National People's Congress of the People's
Republic of China.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.