Notice of implementation measures
JUNG WOO No.201320
Municipal and county people's governments, provincial people's government departments:
The measures for the implementation of the Regulations on the Resettlement of Retired Soldiers in Henan Province are hereby printed and distributed to you, please implement them carefully.
the people's government of henan province
2065438+February 23, 2003
Measures of Henan Province for Implementing the Regulations on the Resettlement of Retired Soldiers
Chapter I General Principles
Article 1 In order to standardize the resettlement of retired soldiers in our province and protect the legitimate rights and interests of retired soldiers, according to the Regulations on the Resettlement of Retired Soldiers (Order No.608 of the State Council Central Military Commission), combined with the actual situation in our province, these implementation measures are formulated.
Article 2 These Measures shall apply to the reception, placement, service and management of retired soldiers within the administrative area of this province.
Article 3 The term "retired soldiers" as mentioned in these Measures refers to conscripts and non-commissioned officers who have retired from active service in accordance with the Regulations of China People's Liberation Army on the Service of Soldiers in Active Service (Order No.578 of the State Council Central Military Commission).
Article 4 The resettlement of retired soldiers shall be based on supporting employment, and the resettlement system of self-employment, job arrangement, retirement and support shall be implemented to properly resettle retired soldiers.
Article 5 The whole society should respect and give preferential treatment to retired soldiers, support the resettlement of retired soldiers and their independent employment.
State organs, social organizations, enterprises, institutions and various social organizations, regardless of the nature and organizational form of the unit, have the responsibility and obligation to receive and resettle retired soldiers according to law. When recruiting or hiring staff, priority should be given to recruiting and hiring retired soldiers under the same conditions. Retired soldiers who apply for positions in civil servants and institutions, their active service experience in the army is regarded as grassroots work experience. Units that receive and resettle retired soldiers enjoy preferential policies in accordance with state regulations.
Sixth provincial government departments responsible for the resettlement of retired soldiers in the province. Provincial cities and counties (cities, districts) government departments in charge of the resettlement of retired soldiers are responsible for the resettlement of retired soldiers within their respective administrative areas.
Governments at or above the county level should strengthen the leadership over the resettlement of retired soldiers, strengthen the construction of leading institutions and offices for the resettlement of retired soldiers, and give full play to their organizational and coordination roles. Incorporate special funds and working funds for the resettlement of retired soldiers into the fiscal budget at the corresponding level, and gradually increase investment with economic and social development. The resettlement of retired soldiers will be included in the government's term objectives and assessment content, and will be included in the evaluation system of the model city (county) with double support. At or above the county level civil affairs, organization, human resources and social security, education, public security, finance, state-owned assets and other relevant departments shall do a good job in the resettlement of retired soldiers within the scope of their respective duties.
Seventh retired soldiers should abide by the laws and regulations on the resettlement of retired soldiers and obey the government's resettlement.
Eighth units and individuals that have made outstanding contributions in the resettlement of retired soldiers shall be commended and rewarded in accordance with the relevant provisions.
Chapter II Handover and Receiving
Article 9 According to the annual handover and reception plan of retired soldiers formulated by the competent department of resettlement of retired soldiers in the State Council and the General Staff of the People's Liberation Army in China, the competent department of resettlement of retired soldiers of the government at or above the county level shall be responsible for receiving retired soldiers.
Article 10 The resettlement place of retired soldiers shall be the registered permanent residence of retired soldiers when they joined the army. However, retired soldiers were students of ordinary institutions of higher learning when they joined the army, and if they do not return to school after retiring from active service, their residence is the place where they registered before entering school.
Eleventh retired soldiers in any of the following circumstances, can be relocated:
(a) during the period of active service, if the domicile of parents changes, they can be placed in the domicile of their parents; If the parents are divorced, they can be placed in the current residence of one of their parents.
(two) in accordance with the provisions of the military on the marriage of active servicemen and married for 2 years, can be placed in the spouse or spouse's parents account.
(three) due to other special circumstances, issued by the military division (brigade) level units, and approved by the provincial government departments in charge of the placement of retired soldiers.
Retired soldiers resettled in different places enjoy the same resettlement treatment as retired soldiers in resettlement places.
Twelfth retired soldiers in any of the following circumstances, according to my application, can be determined by the competent department of resettlement of retired soldiers of the provincial government in accordance with the principle of employment, medical care and life needs of retired soldiers:
Disabled by war;
(two) during the period of active service, he won the award of class II or above in peacetime or class III or above in wartime;
(3) being a martyr's child;
(4) Both parents are dead.
Thirteenth retired soldiers in the army shall, in accordance with the relevant provisions of the state archives management, hand over the archives to the competent department of resettlement of retired soldiers of the government at or above the county level when they retire.
The competent department of resettlement of retired soldiers shall issue a letter of introduction for retired soldiers when they report for duty. The public security department shall register the accounts of retired soldiers with a letter of introduction issued by the competent department of resettlement of retired soldiers.
After the fresh graduates of ordinary colleges and universities who joined the army and the students who graduated the following year retired from active service by choosing their own jobs, they can refer to the fresh graduates of ordinary colleges and universities and re-apply for employment registration cards at their schools, which should be handled in time.
Fourteenth retired soldiers who are self-employed and arrange jobs shall be handled by the competent department of resettlement of retired soldiers in the resettlement place in accordance with the relevant provisions of the state archives management. The archives of self-employed retired soldiers shall be handed over to the public employment talent service institutions organized by the government at the same level in a timely manner by the competent department of resettlement of retired soldiers after the retired soldiers report for duty. The files of retired soldiers who have been assigned to work should be handed over to the unit where they have been assigned to work within 15 days after the letter of introduction is issued by the resettlement department of retired soldiers in the resettlement place. The competent government departments at or above the county level shall, according to the needs of the work, establish a basic information base for retired soldiers.
Fifteenth retired soldiers and service related issues, by the original unit responsible for handling; Issues related to resettlement should be handled by the resettlement government.
Sixteenth retired soldiers who fail to report at the prescribed time for more than 30 days without justifiable reasons shall be regarded as giving up the resettlement treatment.
Chapter III Installation
Section 1 Self-employed
Seventeenth conscripts and noncommissioned officers who have not served in active service for 12 years are discharged from active service, and the government supports independent employment.
Eighteenth retired soldiers who are self-employed, in addition to the one-time retirement payment issued by the army, the county government in the resettlement area will give them a one-time economic subsidy for self-employment. One-time economic subsidy standards and payment methods shall be implemented in accordance with the relevant provisions of the provincial government.
One-time retirement fees and one-time economic subsidies shall be exempted from personal income tax in accordance with state regulations.
Governments at all levels should strengthen the guidance and services for the independent employment of retired soldiers. Governments at or above the county level shall support retired soldiers to start their own businesses by organizing job introduction, job recommendation and special job fairs.
Nineteenth our province according to the province's national economic development level, the province's average annual wage income of workers and soldiers and other factors to determine the standard of retirement allowance, and adjust it in a timely manner. The competent department of resettlement of retired soldiers of the provincial government shall, jointly with the provincial finance department, be responsible for determining and adjusting the specific work of subsidy standards for retired soldiers in our province.
Twentieth at or above the county level government departments in charge of resettlement of retired soldiers shall organize self-employed retired soldiers to participate in vocational education and skills training, and after passing the examination, issue corresponding academic certificates, vocational qualification certificates and recommend employment. The expenses for participating in vocational education and skills training within 1 year after retired soldiers are borne by the government at or above the county level; Retired soldiers retired 1 year or more to participate in vocational education and skills training, in accordance with the relevant national policies.
Twenty-first public employment service institutions organized by governments at all levels shall provide archives management, career introduction and career guidance services for retired soldiers free of charge.
Encourage other human resources service institutions to provide free file management, career introduction and career guidance services for retired soldiers who start their own businesses.
Twenty-second retired soldiers engaged in self-employment, in accordance with the provisions of the state to give tax incentives, small secured loans to support, to engage in low-profit projects to give financial discount. Except for industries restricted by the state, administrative fees for management, registration and license shall be exempted within 3 years from the date of first registration in the industrial and commercial department.
Article 23 In accordance with the principle of urban-rural integration, our province's preferential policies such as employment services, preferential education, small loans, fee reduction and exemption, and tax exemption for self-employed retired soldiers in cities and towns are applicable to all self-employed retired soldiers.
The preferential tax policy is adjusted as follows: for enterprises that meet the prescribed conditions to receive self-employed retired soldiers, business tax, urban maintenance and construction tax, education surcharge and enterprise income tax are deducted in turn according to the actual number of retired soldiers received and resettled by enterprises within three years, and the quota standard is 6,000 yuan per person per year; For retired soldiers who are self-employed and meet the prescribed conditions, business tax, urban maintenance and construction tax, education surcharge and personal income tax will be reduced or exempted within three years, and the limit standard is 9600 yuan per household per year.
Governments at all levels should study and formulate measures to support employment and entrepreneurship, and introduce preferential policies to support retired soldiers to choose their own jobs.
Article 24 The policy of giving priority to the employment of retired college students under the same conditions shall be implemented. State organs, social organizations and institutions at all levels shall, when recruiting civil servants and staff, arrange a certain number of positions for recruiting and recruiting retired soldiers who meet the requirements of the positions. When recruiting political and legal police officers, it is necessary to ensure that a certain proportion of positions are for retired soldiers; Those who apply for the post of retired soldiers and have obtained a full-time college degree or above before joining the army will get a total score of 10 in the written examination of education. When recruiting grassroots military professional cadres, priority is given to retired soldiers.
Article 25 Employers are encouraged to recruit retired soldiers who are self-employed. If the employer meets the prescribed conditions, it can enjoy preferential policies such as taxation according to law.
Twenty-sixth self-employed, retired soldiers who were staff or workers of state organs, social organizations, enterprises and institutions before enlisting, can choose to return to work after retiring from active service, and their wages, benefits and other benefits shall not be lower than the average level of personnel with the same conditions in their own units.
Twenty-seventh rural land contracted by self-employed retired soldiers through household contract before joining the army shall not be illegally recovered or forcibly transferred during the contract period; Rural land contracted by non-family contracting methods such as bidding, auction and public consultation may be contracted by family members during the contract period; Rural contracted land is expropriated, requisitioned or occupied according to law, and enjoys the same rights as other members of rural collective economic organizations.
Self-employed retired soldiers who have settled their accounts when they leave the army and are members of rural collective economic organizations but have not contracted rural land may apply for contracting rural land, and villagers' committees or villagers' groups shall give priority to solving them.
Twenty-eighth disabled retired soldiers who have the ability to work have priority to enjoy the preferential employment policies for the disabled stipulated by the state and the province.
Twenty-ninth self-employed retired soldiers who enter secondary vocational schools and apply for adult colleges or ordinary colleges and universities shall enjoy preferential treatment in accordance with the relevant provisions of the state and province. Retired soldiers who have been admitted to ordinary institutions of higher learning before joining the army and retain their admission qualifications or are studying in ordinary institutions of higher learning are allowed to enroll or resume their studies within two years after retiring from active service, and enjoy preferential treatment such as scholarships, bursaries and tuition reduction and exemption in accordance with relevant state regulations. Family financial difficulties, in accordance with the relevant provisions of the state to give funding; After entering school or during the resumption of school, you can get credits directly without taking public sports, military skills, military theory and other courses; Priority is given to participating in the selection of national defense students, rural grassroots service projects organized by the state, and the selection of officers after graduation.
Section II Work Arrangement
Thirtieth retired soldiers who meet one of the following conditions shall be arranged by the government:
(1) Non-commissioned officers have served in active service for 12 years;
(two) during the period of active service, he won the award of class II or above in peacetime or class III or above in wartime;
(three) disabled by war, was assessed as five to eight disabled;
(4) They are children of martyrs.
Retired soldiers who meet the above conditions are in active service in hard areas and special posts, giving priority to work; Those who have basically lost their ability to work due to mental disorder shall be properly placed.
Retired soldiers who meet the working conditions and voluntarily choose their own employment when they retire shall be handled in accordance with the provisions of the first section of Chapter III of these Measures.
Thirty-first governments at or above the county level shall, in accordance with the principle of territorial management, resettle retired soldiers who meet the working conditions and ensure their first employment.
Thirty-second governments at or above the county level shall, according to the number of retired soldiers who meet the working conditions this year, the number of employees in the employing unit and the per capita salary of the previous year, formulate and issue an annual resettlement plan for retired soldiers, and announce it to the public according to law.
State organs, social organizations and institutions at all levels shall give priority to receiving and resettling retired soldiers arranged by the government according to a certain proportion of job vacancies.
When state-owned, state-controlled and state-owned capital-dominated enterprises recruit employees, they should give priority to retired soldiers; /kloc-Enterprises with less than 0/00 employees can arrange it every other year.
Institutions at all levels, human resources and social security, state-owned assets and other departments should actively provide relevant information, participate in the formulation of resettlement programs, and ensure that retired soldiers who meet the resettlement conditions arrange their jobs and implement their posts.
Article 33 The resettlement plan for retired soldiers received by central units stationed in Henan and provincial units (including vertical management units below the provincial level, the same below) shall be drawn up by the competent department of resettlement for retired soldiers of the provincial government in conjunction with provincial organizations, human resources and social security, state-owned assets and other departments. And submitted to the provincial leading group for the placement of retired soldiers.
The provincial units in Henan Province and the provincial units under the vertical management of the central government shall be handled by the competent department of resettlement of retired soldiers of the provincial government. The specific access conditions and procedures shall be formulated separately by the competent department of resettlement of retired soldiers of the provincial government in conjunction with the provincial institutional establishment and human resources and social security departments.
The resettlement plan for other ex-soldiers shall be formulated by the competent department of the municipal and county (city, district) governments under the jurisdiction of the province in conjunction with the departments of organization, human resources and social security, state-owned assets, etc., and submitted to the government at the same level for issuance. Resettlement procedures shall be handled by the competent department of resettlement of retired soldiers in the unit.
Article 34 The resettlement government shall, within six months after receiving retired soldiers, complete the task of resettlement of retired soldiers this year.
During the period when retired soldiers are to be arranged to work, the government of the resettlement place shall pay a monthly living allowance according to the standard of not less than the local minimum living standard.
Article 35 The unit undertaking the task of arranging the work of retired soldiers shall complete the task of arranging the work of retired soldiers on time, arrange the retired soldiers to take up their posts within 1 month after the letter of introduction is issued by the competent department of resettlement of retired soldiers, and sign a labor contract or employment contract with the retired soldiers with a term of not less than 5 years according to law; For retired soldiers who have served in active service for more than 0/0 years, an open-ended labor contract or employment contract shall be signed. No department, industry or unit may issue documents discriminating against retired soldiers, and it is strictly forbidden to receive and resettle retired soldiers in the form of labor dispatch.
During the contract period, if the unit is closed, bankrupt or restructured according to law, the retired soldiers and other personnel of the unit shall jointly implement the relevant provisions of the state.
Units that receive retired soldiers shall give priority to retaining retired soldiers if they reduce their personnel.
Thirty-sixth retired soldiers arranged by the government shall, in accordance with the provisions of these measures, calculate the length of service and the working hours to be arranged, and enjoy the wages and benefits of the personnel with the same conditions in their units.
Article 37 If the receiving unit fails to arrange for retired soldiers to take up their posts according to the regulations, it shall pay the living expenses to the retired soldiers from the month when the letter of introduction is issued by the competent department of resettlement of retired soldiers of the local government, according to the standard of not less than 80% of the average salary of personnel with the same conditions in the unit, until they take up their posts.
Thirty-eighth retired soldiers who meet the working conditions and refuse to obey the work arranged by the local government without justifiable reasons shall be regarded as giving up the work arranged; If he is investigated for criminal responsibility according to law during the planned work period, his qualification for work arrangement will be cancelled.
Section III Seeking Support
Article 39 conscripts and junior noncommissioned officers with disabilities rated as 1 grade to grade 4 shall be supported by the state for life.
State support is divided into centralized support and decentralized support.
Decentralized support for disabled ex-soldiers to buy (build) houses is calculated according to the average price of affordable housing in the resettlement counties (cities, districts) and the construction area of 60 square meters; If there is no affordable housing, it shall be determined according to the price of ordinary commodity housing and the construction area of 60 square meters. The funds needed for purchasing (building) houses shall be specially arranged by the central finance, and the insufficient part shall be solved by the local finance. The property right of purchasing (building) houses belongs to the disabled retired soldiers who are supported by dispersion. Decentralized support for disabled retired soldiers to solve their own housing, in accordance with the above standards will be purchased (built) housing costs to me.
Chapter IV Continuation of Insurance Relationship
Fortieth retired soldiers' years of active service shall be calculated as the length of service, which shall be accumulated with the working years of their units and enjoy the corresponding treatment related to the length of service stipulated by the state and their units.
Forty-first military insurance administrative departments and local social insurance agencies shall handle the procedures for the transfer and continuation of insurance relations for retired soldiers in accordance with relevant state regulations.
For retired soldiers who are self-employed, the social insurance agency shall go through the insurance relationship continuation procedures in accordance with the relevant provisions of the state with the letter of introduction issued by the competent department of resettlement of retired soldiers. For retired soldiers assigned to work, the receiving unit shall go through the insurance relationship connection procedures in accordance with the relevant provisions of the state.
Forty-second retired soldiers who are employed in urban enterprises or engaged in self-employment and flexible employment in cities and towns shall participate in the basic old-age insurance for employees in accordance with the relevant provisions of the state, and the years of active service shall be regarded as the payment period of the basic old-age insurance for employees, which shall be calculated together with the actual payment period. Retired soldiers returning to rural areas shall participate in social endowment insurance for urban and rural residents in accordance with the relevant provisions of the state and our province.
The relationship between the retired old-age insurance established by retired soldiers during their active service and their participation in basic old-age insurance after retirement shall be handled by the military personnel insurance management department and the social insurance agency in the resettlement area in accordance with the relevant provisions of the state.
The service life of retired soldiers is regarded as the payment period of basic old-age insurance for employees, and the measures for the calculation and payment of old-age insurance benefits are implemented in accordance with relevant state regulations.
Forty-third retired soldiers working in various employers shall participate in the basic medical insurance for employees with their units; Persons who are employed in a flexible way or have not yet achieved employment may participate in basic medical insurance for employees, basic medical insurance for urban residents or new rural cooperative medical care. Retired soldiers who participate in basic medical insurance shall be transferred to the social insurance agency in the resettlement place of retired soldiers in accordance with the relevant provisions of the state. The length of service is regarded as the place where the payment period of basic medical insurance is stipulated, and the service period of retired soldiers is regarded as the payment period of insurance.
Forty-fourth retired soldiers should participate in unemployment insurance with their units, and their years of active service should be regarded as the years of payment of unemployment insurance, which should be combined with the actual years of payment. Retired soldiers participating in unemployment insurance are unemployed and meet the conditions stipulated in the Unemployment Insurance Ordinance (Order No.200 1). The State Council No.258), and enjoy the unemployment insurance benefits and the corresponding re-employment promotion services in accordance with the regulations.
Chapter V Legal Liability
Forty-fifth retired soldiers resettlement departments and their staff, units involved in the resettlement of retired soldiers and their staff have one of the following acts, and their superior departments shall order them to make corrections, and the relevant responsible personnel shall be punished according to law; If the relevant responsible personnel constitute a crime, they shall be investigated for criminal responsibility according to law:
(a) in violation of the provisions of the examination and approval of the placement of retired soldiers;
(two) issued false identity certificates and certificates in the examination and approval of the placement of retired soldiers;
(three) seeking personal gain in the resettlement of retired soldiers.
Forty-sixth units receiving and resettling retired soldiers in violation of the provisions of these measures, under any of the following circumstances, the local government department in charge of resettlement of retired soldiers shall order them to make corrections within a time limit; If it fails to do so within the time limit, the principal responsible person and the person directly responsible of the state organs, social organizations and institutions shall be punished according to law, and the enterprise shall be fined according to the amount involving the number of retired soldiers multiplied by the local average wage of urban workers in the previous year 10 times, and the unit and its principal responsible person shall be informed criticism:
(a) refusing or delaying the implementation of the tasks assigned by the government to arrange the work of retired soldiers;
(2) Failing to sign labor contracts or employment contracts with retired soldiers according to law;
(3) Dissolving labor relations or personnel relations with disabled retired soldiers.
Forty-seventh violation of resettlement laws and regulations, belonging to state organs, social organizations, institutions and state-owned enterprises, institutions, human resources and social security departments at all levels shall suspend the examination and approval of the organization, personnel deployment and recording (employment) of the unit; Refuses to correct after supervision and education, depending on the seriousness of the case, give a warning or revoke the qualification of civilized units.
Forty-eighth retired soldiers who obtain resettlement benefits by fraud shall be cancelled by the competent department of resettlement of retired soldiers of the local government.