Detailed Implementing Rules for the Measures on the Administration of Aid to Indigent Vagrants and Beggars in Cities

Promulgated by order No. 24 (2003) of the Ministry of Civil Affairs, July 21, 2003.  Effective as of August 1, 2003.

Article 1.  These detailed implementing rules are formulated in accordance with the provisions of the "Measures on the Administration of Aid to Indigent Vagrants and Beggars in Cities" (hereinafter referred to as the "Aid Administration Measures").

Article 2.  "Indigent vagrants and beggars in cities" as provided in the Aid Administration Measures means individuals who are leading a life of vagrancy and begging because they are incapable of securing food and shelter for themselves, do not have relatives or friends to depend on, and do not enjoy minimal urban subsistence guarantees or the five rural support guarantees. 

Those who behave as vagrants and beggars but do not face the circumstances provided in the clause above do not qualify for aid.

Article 3. When vagrants and beggars seek aid from an aid station, they shall provide the following information about themselves according to the facts:

(1)        name, age, sex, residency identification card or other proof of identity, place of household registration, and place of domicile;

(2)        whether or not they enjoy minimal urban subsistence guarantees or the five rural support guarantees;

(3)        the reasons for, duration, and course of their vagrancy and begging;

(4)        the names, addresses, and types of relations of their relatives or other close relations; and

(5)        objects on their person. 

Article 4.  Aid stations shall notify vagrants and beggars who seek aid of aid qualification requirements and what the implementation of aid entails, inquire about the circumstances related to their request for aid, and make a record of their personal circumstances.

Article 5.  Aid stations shall promptly arrange aid for individuals who qualify for aid.  Aid stations shall not provide aid to those who do not qualify for aid and shall inform such individuals of the reason.

With respect to individuals who have no way to provide information about their circumstances due to old age, infancy, or physical disability, aid stations shall first provide aid and then investigate the circumstances.

Aid shall not be given to individuals who refuse to provide information about their personal circumstances according to the facts.

Article 6.  Aid recipients may not carry dangerous articles into aid stations.   Except for goods necessary for subsistence, objects carried by aid recipients shall be stored by aid stations and returned when the aid recipient leaves the aid station.

Article 7.   Civil affairs departments of the people’s governments of provinces, autonomous regions, and centrally controlled municipalities shall formulate rules and regulations on the daily schedule, health, study, etc. for aid recipients at aid stations.   Aid recipients shall respect the rules and regulations of aid stations.

Article 8.  Food and shelter provided by aid stations to aid recipients shall meet the basic health and security needs of aid recipients.   Quotas and rations for food and shelter shall be set by civil affairs departments of the people’s governments at the provincial level after consultation with finance departments.     

Article 9.  If aid recipients in aid stations suffer emergency illnesses, aid stations shall promptly take them to medical facilities for treatment.  If aid stations discover aid recipients in the aid station who have infectious diseases or are suspected of having infectious diseases, they shall take such aid recipients to the medical treatment facility in that locality that accepts and treats those with infectious diseases, report to the disease prevention and control facility for that locality, and implement the necessary sterilization and quarantine measures.

Article 10.  Aid stations shall promptly contact and verify the relevant information provided by aid recipients with the families of aid recipients and the township people’s government, city neighborhood committee office, public security department, and civil affairs department of the aid recipient’s place of permanent household registration or place of domicile. 

Where the aid station discovers that the aid recipient has intentionally provided false personal information, it shall terminate aid. 

Article 11.  Where aid recipients do not have transportation funds to return to their place of household registration, place of domicile, or work unit location, aid stations shall issue a transport voucher.  After railway, highway, waterway, and other transport units verify the voucher, they shall permit travel by the corresponding conveyance.  Aid stations shall notify the families of the aid recipient and relevant organs and work unit at the aid recipient’s destination of the relevant circumstances.

Article 12.   Aid stations shall fix time limits for aid according to the circumstances of the aid recipient.  Such time limits shall normally not exceed ten days.  Where an extension is necessary due to special circumstances, the case shall be reported to the competent civil affairs department at the next level for filing.

Article 13.   Aid stations shall send word to the relatives and work units of disabled, elderly, minor, or otherwise disadvantaged aid recipients to meet them and take them back.  Where relatives and work units refuse to meet them and take them back and the aid recipient has drifted within a province, the civil affairs department of the people’s government in the place they drifted to shall send word to the civil affairs department of the people’s government in the place they drifted from to meet them and take them back to their relatives or work unit.  Where the aid recipient has drifted between provinces, the civil affairs department of the provincial level people’s government of the province that they drifted to shall send word to the civil affairs department of the provincial level people’s government of the province that they drifted from to meet them and take them back to their relatives or work unit.   

Article 14.  Where there is no way to verify the relatives or work unit of an aid recipient who is disabled, elderly, or otherwise disadvantaged, but the place of household registration or domicile of such an aid recipient can be verified, and where the aid recipient has drifted within a province, the civil affairs department of the people’s government in the place they drifted to shall send word to the civil affairs department of the people’s government in the place they drifted from to meet them, take them back and settle them in their place of household registration or domicile.   Where the aid recipient has drifted between provinces, the civil affairs department of the provincial level people’s government of the province that they drifted to shall send word to the civil affairs department of the provincial level people’s government of the province that they drifted from to meet them, take them back, and settle them in their place of household registration or domicile.

Article 15.  Where individuals are not conscious of their actions or do not have the ability to express themselves due to age, infancy, or physical disability, and, as a result, their relatives, work unit location, place of household registration and place of domicile cannot be verified, the competent civil affairs department at the level above the aid station shall put forward a settlement plan and submit it to the people’s government at the same level for settlement.

Article 16.    Where aid recipients voluntarily give up aid and leave an aid station, they shall first inform the aid station.  The aid station may not confine them.   Aid stations must give approval for minors or other individuals who do not have capacity for civil acts or have limited capacity for civil acts to leave aid stations.

Aid recipients who leave aid stations without authorization shall be deemed to have abandoned aid, and the aid station shall terminate aid.

Article 17.  Where aid stations have already given aid or the time limit for aid has expired, aid recipients shall leave the aid station.  Aid stations shall terminate aid to aid recipients who, for improper reasons, are unwilling to leave.

Article 18.  The township or county-level people’s government of the place of household registration or domicile of aid recipients shall help aid recipients that return to deal with livelihood and subsistence problems so that such individuals can avoid leaving again to drift and beg; order close relatives or other guardians to carry out their duty to raise or support physically disabled individuals, elderly individuals, or minors who have been abandoned; and settle disabled individuals, elderly individuals, or minors who are confirmed to be homeless.

Article 19.  While aid recipients are in the aid station, they shall observe law and discipline.  They may not abuse, insult, or beat aid station staff members or other aid recipients; damage aid facilities; damage or steal public or private property; or willfully stir up trouble or disrupt aid station work order.

Aid station staff members shall promptly stop illegal or improper behavior by aid station recipients.   If aid recipients break the law or breach discipline and the circumstances are serious, or if aid recipients are suspected of crimes, aid stations shall promptly report them to public security organs to be dealt with according to law.

Article 20.  Aid stations shall establish enhanced rules and regulations for personal responsibility, security, behavior, etc. by staff members and shall implement standardized management.

Aid stations shall record the entry, exit, and aid obtained by aid recipients according to the facts and shall take proper care of files.

Article 21.  Aid stations and their staff members shall strictly observe the provisions of Article 10 and Article 14, Clause 2 of the Aid Administration Measures.  The competent civil affairs department at the level above aid stations shall order corrective action for those who violate the provisions.   If the circumstances are serious, disciplinary measures shall be imposed on supervisors and other individuals who are directly responsible for violations and, if such violations constitute a crime, criminal liability shall be pursued according to the law.

 Article 22.  Civil affairs departments of local people’s governments at the county level and above shall strengthen leadership and supervision of aid stations and shall carry out the following duties:

(1)       supervise the implementation of aid measures and rules and regulations by aid stations;

(2)       guide and inspect aid work;

(3)       conduct education and training for aid station staff members;

(4)       investigate and handle violations of law and discipline by aid stations and staff members; and

(5)       assist aid stations in addressing problems and meeting work requirements.

Article 23.  If the competent civil affairs department at the people’s government level above an aid station does not promptly address reports about aid qualification, instruct aid stations to fulfill their duties, or request people’s governments in a place to settle aid recipients who should be provided for, discipline shall be imposed on the supervisors and other individuals directly responsible according to law.

Article 24.  These detailed implementing rules shall be effective as of August 1, 2003.