News

/
/
/
Order of the Ministry of Veterans Affairs of the People's Republic of China

Order of the Ministry of Veterans Affairs of the People's Republic of China

(Summary description)The "Administrative Measures for Injury and Disability Compensation" have been reviewed and approved by the executive meeting of the Ministry of Retired Servicemen and are hereby promulgated and will come into force on February 1, 2020.

Order of the Ministry of Veterans Affairs of the People's Republic of China

(Summary description)The "Administrative Measures for Injury and Disability Compensation" have been reviewed and approved by the executive meeting of the Ministry of Retired Servicemen and are hereby promulgated and will come into force on February 1, 2020.

Information

  No. 1


   The "Administrative Measures for Injury and Disability Compensation" have been reviewed and approved by the executive meeting of the Ministry of Retired Servicemen and are hereby promulgated and will come into force on February 1, 2020.


  Minister Sun Shaocheng


  December 16, 2019


  Injury and Disability Pension Management Measures


(Order No. 34 of the Ministry of Civil Affairs on July 31, 2007 announced the revision of the Order No. 1 of the Ministry of Civil Affairs on December 16, 2019 in accordance with the “Decision of the Ministry of Civil Affairs on Amending the Measures for the Administration of Disability Pensions” on July 5, 2013 Number revision)


  Chapter One General Principles


  Article 1 In order to standardize and strengthen the disability compensation work managed by the retired military affairs department, these measures are formulated in accordance with the "Regulations on Compensation and Preferential Treatment for Servicemen" and other regulations.


  Article 2 These Measures are applicable to Chinese citizens who meet the following conditions:


  (1) Soldiers who retired from active service due to disability due to war during the service period, and disabled soldiers who retired from active service due to illness during the service period;


   (2) People's police who were the administrative staff when they were injured on duty due to war;


  (3) Reserve personnel, militias, civic workers and other personnel disabled as a result of participating in wars, participating in military exercises, military training, and performing military services;


  (4) Persons who are disabled by fighting against criminals in order to maintain public order;


  (5) Persons disabled for the rescue and protection of national property and people’s lives and property;


   (6) Laws and administrative regulations stipulate that the Department of Retired Servicemen Affairs shall be responsible for the disability compensation for other personnel.


   The personnel listed in items (3), (4) and (5) in the preceding paragraph shall be deemed as work-related injuries in accordance with the "Work-related Injury Insurance Regulations" and shall no longer apply for compensation for disability due to war or work.


Article 3 The personnel listed in Article 2 of these Measures comply with the provisions of the "Regulations on Compensation and Preferential Treatment for Military Persons" and related policies for disability due to war and duty, and can be determined to be disabled due to war and duty; the individual is responsible for the incidents and behaviors that caused the disability. Those who are liable for fault and other situations that do not meet the circumstance of being disabled on duty due to war shall not be deemed to be disabled on duty due to war.


   Article 4 The disability compensation work shall follow the principles of openness, fairness and justice. The retired military affairs department of the people's government at the county level shall publish the relevant disability assessment procedures and pension standards.


  Chapter Two Disability Rating


   Article 5 The evaluation of disability grades includes newly established disability grades, supplementary disability grades, and disability grade adjustments.


   The new assessment of disability grade refers to the assessment of the disability grade for persons other than those who are deemed to be disabled due to war and work due to the nature of disability due to the nature of disability due to war or work. Re-appraisal of disability rating refers to the failure to timely assess the disability rating of active servicemen who are disabled on duty due to war. After retiring from active service, in accordance with the provisions of the "Military Pension and Preferential Treatment Regulations", the nature of the disability due to war and duty is determined and the disability rating is determined. Adjusting the disability level refers to the adjustment of the disability level for persons who have already been assessed for a disability level and whose disability at the original disability site is obviously inconsistent with the originally assessed disability level. Those who fail to meet the minimum disability level can be cancelled.


   If the disability level is newly assessed, the applicant shall file an application within 3 years of being injured on duty due to war or being diagnosed or identified as an occupational disease; if the disability level is adjusted, the application shall be submitted one year after the last disability level assessment.


   Article 6 Applicants (mental patients shall be assisted by their stakeholders to apply, the same below) to apply for the assessment of disability level, shall submit a written application to the unit where they belong. The applicant’s unit should review the application for disability rating in a timely manner, issue a written opinion and affix the unit’s official seal, and submit it to the retired military affairs department of the county-level people’s government at the place of domicile together with relevant materials for review.


   Those who do not have a work unit or apply for a disability rating based on the original disability position can directly apply to the retired military affairs department of the county-level people's government at the place of household registration.


Article 7: Applicants applying for disability rating should provide the following true and accurate materials: a written application, a photocopy of an ID card or a resident registration booklet, a photocopy of the retired military ID (registered form of the retired serviceman), the people’s police ID and other documents. Inch headless color photo.


   To apply for a new evaluation of the disability level, a certificate of disability and a medical diagnosis certificate shall be submitted. The certificate of disability should include the official performance certificate provided by the relevant functional department, the traffic accident liability confirmation, the mediation agreement, the civil judgment, the medical accident appraisal, and other supporting materials; the rescue and protection of national property and people’s lives and properties are disabled or for maintenance Proof of disability caused by social security fighting against criminals; proof of uniform organization of participation in war, participation in military exercises, military training, and execution of military services. The medical diagnosis certificate shall include the original outpatient medical records, a photocopy of the inpatient medical records and related inspection reports with the relevant seals of the issuing unit.


   To apply for re-applying the disability grade assessment, the record of the disability due to war or the original medical certificate shall be submitted. File records refer to the exact written records of the original situation of the injury, the treatment and the aftermath, etc. made by the troops where the person belongs to the file. Occupational disease-related disability needs to provide records of work experience related to the occupational disease. Disability caused by a medical accident requires a medical accident identification conclusion issued by the military logistics and health agency. The original medical certificate refers to the original medical certificate issued by the hospital of the original military system that can explain the cause of disability and the disability, the original summary of the discharge or the original medical record of the outpatient clinic, and the photocopy of the hospitalized medical record with the relevant seal of the issuing unit.


   To apply for the adjustment of the disability level, the medical records, hospital examination reports, diagnosis conclusions, etc. of the hospitals at the second-class and above-class hospitals within the past 6 months shall be submitted.


   Article 8 The Veterans Affairs Department of the People's Government at the county level shall check the relevant materials submitted, and if the materials are incomplete or do not conform to the legal form, they shall inform the applicant of supplementary materials.


If the Veterans Affairs Department of the People's Government at the county level finds that the applicant meets the conditions for being injured on the job due to war, it shall fill out the "Disability Rating Approval Form" after being reported to the Veterans Affairs Department of the People's Government at or above the districted city level for review and approval. , And within 20 working days from the date of acceptance, a "Notice of Acceptance" will be issued to notify me to the medical and health institution designated by the retired military affairs department of the people’s government at or above the districted city level. For appraisal of the situation, the medical and health expert team will issue a medical appraisal opinion on the level of disability in accordance with the "Standards for Assessing Disability Levels of Soldiers". The appraisal of the disability of occupational diseases is made by the medical and health institutions designated by the department of retired military affairs of the provincial people's government to undertake the diagnosis of occupational diseases; the appraisal of the disability of mental illness is made by the specialized psychiatric hospitals designated by the department of veterans affairs of the provincial people's government at the second level or above.


The retired military affairs department of the people’s government at the county level decides on the applicant’s disability level based on the disability level medical appraisal opinions issued by the medical and health expert panel, signs the opinions on the "Disability Level Evaluation and Approval Form", affixes a seal, and receives them together with other application materials. Within 20 working days from the date when the medical and health expert group signs their opinions, they shall be reported to the veteran affairs department of the people's government at the districted city level.


The county-level people’s government for retired servicemen’s affairs has determined that the personnel in item (1) of the first paragraph of Article 2 of these Measures do not meet the conditions for injury due to war or work, or fail to meet the supplementary evaluation or adjustment after the appraisal by the medical and health expert team. Disability grade standards shall be reported level by level to the retired military affairs department of the provincial people’s government in accordance with the relevant provisions of the "Regulations on Compensation and Preferential Treatment for Military Personnel". For persons other than item (1) of the first paragraph of Article 2 of these Measures, those who are deemed not to meet the conditions for being injured on duty due to war, or who fail to meet the new evaluation or adjustment criteria for disability level after the medical and health expert team’s evaluation shall be conducted. Fill in the "Notification of Disability Level Assessment Results", together with the materials provided by the applicant, and return it to the applicant or the work unit.


   Article 9 The Veterans Affairs Department of the People's Government of a city divided into districts, after reviewing the submitted materials, signs its opinions on the "Disability Rating Approval Form" and affixes its seal.


   For those who meet the conditions, within 20 working days from the date of receipt of the materials, submit the above-mentioned materials to the Department of Veterans Affairs of the Provincial People's Government. For those who do not meet the requirements, those who belong to item (1) of the first paragraph of Article 2 of these Measures shall be reported to the Veterans Affairs Department of the Provincial People's Government in accordance with the relevant provisions of the "Regulations on Compensation and Preferential Treatment for Military Persons"; they belong to the first paragraph of Article 2 of these Measures. Persons other than item (1) shall fill in the "Notification of Disability Level Assessment Results", together with the materials provided by the applicant, and return it to the applicant or his/her work unit level by level.


   Article 10 The Veterans Affairs Department of the Provincial People's Government shall, after preliminary examination of the submitted materials, find that it meets the requirements, notify the Veterans Affairs Department of the People's Government at the county level to publicize the applicant's disability assessment. The content of the announcement shall include the time, place, cause, disability status (involving privacy or unannouncement that should not be disclosed), the proposed disability level, and the contact information of the county-level veteran affairs department. The announcement shall be made at the place of the applicant's work unit or residence, and the time shall be no less than 7 working days. The Veterans Affairs Department of the People's Government at the county level shall verify the feedback in the public announcement and sign the opinions, and report them to the Veterans Affairs Department of the Provincial People’s Government level by level. If the level is adjusted, they shall also report the disabled personnel certificate they hold. .


   The retired military affairs department of the people's government at the provincial level shall review the public opinions, sign the approval opinions on the "Disability Rating Approval Form", and affix a seal. For those who meet the conditions, apply for a disabled person certificate (if the level is adjusted, fill in the new level in the certificate change column), and issue it level by level to the applicant or his/her unit within 60 working days from the end of the publicity. For those who do not meet the requirements, fill in the "Notification of Disability Level Assessment Results", together with the materials provided by the applicant, and return it to the applicant or his/her organization level by level within 60 working days from the date of receipt of the materials or the end of the publication.


   Article 11 If the applicant or the retired military affairs department disagrees with the disability grade medical evaluation opinion made by the medical and health expert group, it may go to the medical and health institution designated by the provincial people's government for retired military affairs department to conduct a new evaluation.


   The department of retired military affairs of the people's government at the provincial level may set up a medical and health expert group to provide evaluation opinions on the disability status and the level of disability that should be assessed.


Article 12 If a disabled person is disabled multiple times under different identities as a soldier, people’s police or other personnel, the Veterans Affairs Department shall issue only one type of certificate in the order mentioned above, and indicate the re-disabled certificate on the disability certificate change column. The time and nature of the assessment, as well as the level and nature of the combined disability assessment.


   If the disability parts cannot be evaluated together, each part can be evaluated separately first. If the level is different, the heavier one will be graded; if two or more levels are the same, they can only be promoted to one level.


   If the nature of the disability caused by multiple disability is different, it shall be categorized by the heavier one. Those of the same rank shall be qualitatively determined in the order of battle, work, and illness.


  Chapter III Disability Certificate and File Management


  Article 13 Types of disability certificates:


  (1) If a veteran is disabled due to a public illness due to a war during the service period, he will be issued with a "Disabled Serviceman Certificate of the People's Republic of China";


  (2) If the people’s police are disabled due to war and on duty, the People’s Republic of China Disabled People’s Police Card will be issued;


  (3) Persons who withdraw from the national comprehensive firefighting and rescue team will be issued with the "People's Republic of China Disabled Firefighting and Rescue Personnel Certificate" if they are disabled due to public illness during the course of their employment;


(4) Reserve personnel, militias, migrant workers and other personnel disabled as a result of participating in wars, participating in military exercises, military training and performing military services shall be issued with the "People's Republic of China Disabled Reserves and Disabled Militia Workers Certificate";


   (5) If other personnel are disabled on duty, the "People's Republic of China Disabled on Official Work Permit" shall be issued.


   Article 14 Disability certificates shall be uniformly produced by the Department of Veterans Affairs of the State Council. The valid period of the certificate: 5 years for under 15 years old, 10 years for 16-25 years old, 20 years for 26-45 years old, and long-term for 46 years old and above.


   Article 15 If the invalidity certificate expires or is damaged or lost, the certificate holder shall apply to the retired military affairs department of the people's government at the county level to apply for a new certificate or a replacement certificate. If the disability certificate is lost, it must be declared invalid by myself.


   If the Veteran Affairs Department of the People's Government at the county level finds that it meets the conditions after examination, it shall fill in the Approval Form for Renewal of Certificates for Disabled Persons, and report to the Veterans Affairs Department of the Provincial People's Government level by level together with the photos. The Veterans Affairs Department of the Provincial People's Government shall issue the newly-applied disability certificates to the applicants through the Veterans Affairs Department of the People's Government at the county level. Retired military affairs departments at all levels shall complete the matters that need to be handled at the level within 20 working days.


Article 16 Before going to Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan Region, or other countries and regions to settle in my country, the disabled shall apply to the retired military affairs department of the county-level people’s government at the place of household registration (or the place of original household registration). The household registration place (or the original household registration place), the retired military affairs department of the people's government at the county level shall indicate the content of the change in the change column. Need to be renewedIn case of a certificate, fill in the residence certificate number of the place of residence in the "ID number" field. "Household registration" is the location of the domestic pension relationship.


Article 17: In the event of the death of a disabled person, his family members or interested persons shall promptly inform the disabled person’s domicile to the Veterans Affairs Department of the People’s Government at the county level, and the Veterans Affairs Department of the People’s Government at the county level shall cancel their disability certificates and write off their certificates. Report to the Veterans Affairs Department of the Provincial People’s Government for the record.


   Article 18 The retired military affairs department shall have registration procedures for the various materials and disability certificates declared and approved. The delivered materials or certificates must be mailed by registered mail or signed by the applicant.


   Article 19 The retired military affairs department of the people's government at the county level shall establish a file for the disabled, one file for each person, and long-term preservation.


  Chapter 4 Transfer of Disability Compensation Relations


   Article 20 Disabled soldiers who retire or hand over to the government must apply to the retired military affairs department of the county-level people’s government where their household registration is transferred to the pension relationship within 60 days after the military completes the decommissioning procedures or handover procedures. The retired military affairs department must conduct review, registration, and filing. The materials reviewed are: "Hukou Register", "Disabled Serviceman Certificate", "Serviceman Disability Rating Form" supervised by relevant military departments, and "Renewal <People's Republic of China Disabled Serviceman Certificate> Application Approval Form" 》, decommissioning certificates or relevant certificates of transfer to the government for resettlement.


  The retired military affairs department of the people's government at the county level shall review the disability status of disabled soldiers and related materials, and review and appraise the disability status when necessary. Those who are deemed to meet the requirements shall submit the Disabled Serviceman Certificate and related materials to the Veterans Affairs Department of the Provincial People's Government level by level. If the Veterans Affairs Department of the Provincial People's Government has verified that it is correct, fill in the new household registration place in the "Disabled Serviceman Certificate" change column, renumber it, and affix a seal, and pass the "Disabled Serviceman Certificate" through the county-level people's government for retired servicemen. The affairs department will return the applicant. Retired military affairs departments at all levels shall complete the matters that need to be handled at the level within 20 working days. Such as review and identification of disability, the working day may be extended appropriately.


If the disability recorded in the "Military Disability Rating Form" or the "Approval Form for Application for Renewal of the Disabled Military Personnel Certificate of the People's Republic of China" is clearly inconsistent with the disability level, the county-level retired military affairs department shall postpone the registration and report to the provincial people level by level. The government veterans affairs department shall notify the original examination and approval authority to make corrections, or re-evaluate the disability level based on the disability status identified in the review. For those who forge or alter the "Disabled Serviceman's Card" and disability assessment materials, the Veterans Affairs Department of the People's Government at the county level will withdraw the "Disabled Serviceman's Card" without registration, and transfer it to the local public security agency for processing.


Article 21 When a disabled person relocates his or her household registration across provinces, the disability pension relationship shall be transferred simultaneously, and the retired military affairs department of the county-level people’s government in the place of relocation shall comply with the disabled person’s application and his/her disability certificate and residence register in the place of relocation. , Send the disability file, the copy of the household registration book and the "certificate of transfer of the relationship between disabled persons" to the retired military affairs department of the people’s government at the county level, and report this information level by level to the provincial people’s government for retirement Military Affairs Department.


   After receiving the above-mentioned materials and the disability certificate provided by the applicant, the retired military affairs department of the people's government at the county level of the relocation report to the provincial people’s government for retired military affairs. The Veterans Affairs Department of the Provincial People's Government, after verifying the correctness with the Veterans Affairs Department of the Provincial People's Government of the Place of Relocation, fills in the new household registration place in the disability certificate change column, renumbers it, and affixes a seal, and passes through the county level by level. The retired military affairs department of the people's government at the same level shall return the applicant. Retired military affairs departments at all levels shall complete the matters that need to be handled at the level within 20 working days.


   When mailing the disability files by the retired military affairs department of the place of relocation, it shall copy the disability certificate and the relevant military or local disability assessment form or renewal form for future reference.


   Article 22 Relevant procedures for the relocation of disabled persons within this province, autonomous region, or municipality directly under the Central Government shall be prescribed by the Department of Veterans Affairs of the People’s Government of the province, autonomous region, or municipality directly under the Central Government.


  Chapter Five Treasure Money Release


   Article 23 Disabled persons shall be compensated by the retired military affairs department of the county-level people’s government at the place of domicile in accordance with the regulations starting from the next month after the disability rating is approved. If the pension relationship of the disabled person is transferred, the pension for the year shall be paid by the army or the retired military affairs department of the place of relocation. From the next year onwards, it shall be paid by the retired military affairs department of the place of relocation according to local standards. If the payment of the pension is interrupted due to the applicant's reasons, it shall not be reissued.


Article 24 Disabled persons who live in different places within the territory (referring to non-domestic registration places) or those who go to Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan Area or other countries and regions to settle down in China shall be sent to their residence registration place ( Or the original household registration place) After the county-level people’s government retired military affairs department has applied for and completed the relevant procedures, the disability pension can be entrusted to others to receive it, or it can be entrusted to the county-level people’s government for the veteran affairs of the county-level people’s government. The department deposits it into the account of its designated financial institution, and the required expenses shall be borne by the person.


Article 25 Disabled persons (or their family members) shall contact the retired military affairs department of the people's government at the county level once a year with their household registration (or original household registration), and confirm the receipt of the disabled person through meeting, face recognition, etc. Eligibility for treatment. If there is no contact and confirmation that year, the retired military affairs department of the people’s government at the county level shall contact and confirm in a timely manner after an announcement or notify the person or his family members; if the person or his family members have not been contacted or confirmed within 60 days after the announcement or notified, the next The disability pension and related benefits will be suspended starting from this month.


Disabled persons (or their family members) and the Veterans Affairs Department at their domicile (or original domicile) have reconfirmed the disabled persons’ eligibility to receive benefits, and will resume disability pensions and enjoy relevant benefits from the next month. The pension will not be reissued.


Article 26: Where a disabled person changes his nationality, is disabling his disability level, or dies, the issuance of disability pensions and related benefits shall be suspended from the month following the change of nationality, disability level, or death, and his disabled person’s certificate Naturally invalidated.


  Article 27 Anyone who commits one of the following acts shall be given a warning by the Veterans Affairs Department of the People's Government at the county level to stop the pension and preferential treatment he enjoys and recover his illegal income; if a crime is constituted, he shall be investigated for criminal responsibility according to law:


   (1) Forgery of remorse;


   (two) pretending to receive pensions;


  (3) Defrauding medical expenses and other expenses;


  (4) Issued false certificates, forged certificates, seals and defrauded pensions and related benefits.


Article 28 The retired military affairs department of the people’s government at the county level decides to suspend pensions and preferential treatment for disabled persons who are in a situation of suspension of pensions or preferential treatment in accordance with legal documents in force by the people’s courts, wanted orders issued by public security organs, or relevant state regulations. And notify himself or his family members and interested persons.


Article 29: After the disabled persons whose pensions are suspended have been released after serving their sentence and restored their political rights, canceled the wanted, or comply with relevant state regulations, they shall apply in person (the interested persons of the mentally ill patients) and the county-level veterans affairs department. If the review meets the conditions, the pension and related benefits will be restored from the next month after the review is confirmed, and the pension that was originally suspended will not be reissued. The following materials should be provided for the procedures for restoring pensions: personal application, household registration book, and relevant certification from the judicial organ. If it is necessary to reapply for the certificate, it shall be handled in accordance with the regulations on loss of certificate.


   Chapter VI Supplementary Provisions


   Article 30 These Measures are applicable to the Chinese People’s Armed Police Force.


Article 31 Civilian personnel who are disabled due to warfare during the deepening of national defense and military reforms, and other civilian personnel who have been disabled due to participation in military training, non-war military operations, and combat support and support tasks during the period of deepening national defense and military reforms. For fire rescue personnel who are disabled on duty, and fire rescue personnel who have been assessed for disability due to illness, the disability pension management after retiring from the army or the national comprehensive fire rescue team shall be implemented in accordance with the relevant provisions of disabled soldiers who have retired from active service.


  Article 32 People’s police who are not included in the administrative staff shall be assessed the level of disability with reference to these Measures, and their disability pension shall be paid by the unit in accordance with the regulations.


   Article 33 The department of retired military affairs of the people's government at the provincial level may formulate specific work rules based on local actual conditions.


   Article 34 These Measures shall come into force on August 1, 2007.


  Attachment: 1. Acceptance notice


  2. Disability Level Evaluation and Approval Form


  3. Notification of disability rating results


  4. Approval form for renewal of certificates for the disabled


  5. Proof of the transfer of the relationship between the disabled


  6. ​​Public notice on assessment of disability

Keyword:

Scan the QR code to read on your phone

All rights reserved:Nanchang City Museum  Jiangxi ICP No. 13000079-1 www.300.cn
Address: North Exit of Shiyao Road, Jingshan Street, Qingyunpu District, Nanchang City     
TEL:
0791-85203047 
Tuesday to Sunday 9:00-17:00 (Last admission at 16:00)
Closed on Monday, open on holidays
If there is a need to temporarily close the museum, it will be notified to the public at that time

This website supports IPV6 access

赣公网安备 36010202000571号

No public

No public