292 Measures of the Shenzhen Municipality on the Assistance to the Disabled[深圳市扶助残疾人办法2005]

(Adopted at the Sixteenth Executive Meeting of the Fourth Session of the Shenzhen Municipal People’s Government, promulgated by Order No. 146 of the Shenzhen Municipal People’s Government on December 2, 2005, and put into force from February 1, 2006) 

       Article 1 In order to have the excellent assistance to the disabled, protect the legal rights and interests of the disabled, make the disabled to be able to participate in social life, and build a harmonious Shenzhen, these measures are hereby formulated in accordance with related laws, regulations and in light of practical conditions. 

       Article 2 These measures shall be applicable to the assistance to the disabled in labor employment, training, education, medical treatment and rehabilitation, legal service, etc. 

       The disabled referred to in these measures shall mean the natural persons with registered permanent residence in this city who meet the national standards of the disabled and have Certificate of the Disabled of the People’s Republic of China (hereinafter referred to as Certificate of the Disabled). 

       Article 3 The municipal, district people’s governments and the various circles of the society shall attach importance to the undertaking of the disabled, provide the excellent assistance to the disabled in their respective fields. 

       Enterprises and institutions, social organizations, and other economic organizations shall be encouraged to give their assistance to the disabled when providing social services. 

       The municipal, district federations of the disabled shall strengthen the communication, coordination with the various circles of the society, actively protect the legal rights and interests of the disabled, and provide for the disabled the good environment of living and working. 

       Article 4 The disabled shall abide by laws, regulations, perform obligations that they should, observe public order, respect social morals; develop the spirit of self-respect, self-confidence, self-strengthening, self-support, actively participate in social life, and make efforts to contribute to the society. 

       Article 5 The municipal, district people’s governments shall incorporate the spending for the assistance to the disabled in the fiscal budget, have overall planning, and strengthen the administration. 

       Article 6 The municipal, district people’s governments shall create employment conditions for the disabled who reach the legal age of employment and have certain ability to work, and provide the necessary employment environment for them. 

       Article 7 When the disabled who reach the legal age of employment and have certain ability to work come to departments of labor to register for employment before taking the first job, the departments of labor shall give priority to processing their registration. 

       The governments shall select vocational training bases for the disabled from various vocational education and training institutions, provide the service of vocational skill training for the disabled who register for employment, the needed spending shall be paid from the disabled employment security fund; the public welfare employment agencies shall provide free job-finding services for the disabled who register for employment. 

       If employing units hire the disabled, departments of labor shall give priority to processing their registration for recruitment. 

       Article 8 Employing units shall provide corresponding working conditions and labor protection for disabled employees, and treat them and other employees as equals in social insurance, benefits, acceptance of them as regular employees upon the end of probation, promotion, evaluation for professional titles, etc. 

       Article 9 If there is no reason based on laws, regulations, and agreed on in labor contracts according to law, employing units shall not dissolve labor contracts with disabled employees. 

       Article 10 If the disabled apply for operating newspaper stands, the municipal department of post service and the municipal newspaper publisher group shall give priority to making such arrangements for the disabled when the other conditions are equal. 

       Article 11 If the disabled open individual business or enterprises, departments of industrial and commercial administration shall give priority to examining and issuing business licenses to those who satisfy the conditions to do so; when verifying the business licenses of individual business or inspecting enterprises annually, departments of industrial and commercial administration shall give priority to the disabled. 

       The disabled who open individual business may have their business administration fees reduced or remitted according to the related rules upon approval by departments of industrial and commercial administration. 

       Article 12 The disabled shall enjoy tax preferences in respect to their legitimate personal income according to the related rules of the state. 

       The welfare enterprises which provide employment for the disabled shall enjoy tax preferences in respect to their business income taxes, etc. according to the related rules of the state. 

       Article 13 When seeking medical treatment at the medical institutions sponsored by the governments at various levels within the city, the disabled shall have their preference of registration, diagnosis, picking up prescribed medicines by presenting Certificate of the Disabled, and be exempt from the registration fee. 

       Article 14 The children of the disabled and disabled students of the families enjoying the minimum livelihood guarantee shall be exempt from book fees and miscellaneous charges when going to public school at the stage of compulsory education; they shall be exempt from tuition and miscellaneous charges when going to public school at the stage of senior middle school. The subsidies of the schools directly subordinate to the municipality shall be born by the municipal public finance, the subsidies of the schools subordinate to districts shall be born by the district public finance. 

       Governments shall provide subsidies to buy student uniforms for the children of the disabled and disabled students of the families enjoying the minimum livelihood guarantee, the specific measures on the subsidies shall be worked out by the related departments of governments according to the related rules. 

       Article 15 If the families enjoying the minimum livelihood guarantee have difficulties in housing and are qualified to apply for low-rent housing, departments of real estate management shall give priority to solving their housing problems. 

       If the disabled are qualified to apply for economically suitable housing, departments of real estate management shall give priority to making such arrangements for them when other conditions are equal. 

       Article 16 The disabled may, by presenting Certificate of the Disabled, enter the public places with government investment such as parks, museums, cultural palaces (centers), art galleries, exhibition centers, etc. without charge, their necessary personal assisting articles shall be allowed to bring in without charge as well. 

       Article 17 When the disabled present Certificate of the Disabled to use the public sports facilities providing compensated services, they may enjoy the preferential treatment by paying half prices. 

       Article 18 When the disabled present Certificate of the Disabled to take a train, bus, airplane, and ship, the units of railroad, public transit, civil aviation, etc. shall give them the preferential treatment in buying tickets, boarding and disembarking, and registering, etc. 

       Article 19 The disabled may take public buses and subway free within the city by presenting Free Ride Pass for the Disabled. 

       The disabled shall bring Certificate of the Disabled to the franchised units, which  operate public buses and subway, to apply for Free Ride Pass for the Disabled. 

       Article 20 The disabled may park their motor-wheelchairs for the disabled at parking lots without charge by presenting Certificate of the Disabled. 

       Article 21 Legal aid centers shall give priority to providing legal aid, which is given by assigned lawyers or lawyers of a law firm, for the poor disabled who need legal aid and satisfy the conditions for legal aid, if the disabled have difficulties getting about, services shall be provided at their home.  

       Article 22 If a defendant in a lawsuit of public prosecution is blind, deaf, dumb and has no defender by mandate, the legal aid institution shall provide legal aid when the people’s court designates defending for the defendant, and shall waive the investigation into the financial situation of the defendant. 

       Article 23 If the disabled have difficulties to pay court costs for bringing in lawsuits when their legal rights and interests have been infringed upon, they may file applications to the people’s court for delaying, reducing or remitting the payment for court costs according to the related rules. 

       Article 24 The urban roads, transportation facilities, and public buildings under construction, extension, reconstruction shall be designed and constructed as barrier-free facilities in strict compliance with the national requirements of the design standards for urban roads and buildings which should be convenient for the disabled to use, and the administration and maintenance of barrier-free facilities shall be strengthened. 

      Article 25 If the state personnel abuse power, neglected duties, practice favoritism and engage in irregularities when they are working to assist the disabled, administrative sanctions shall be imposed; if a crime is constituted, the criminal responsibility shall be investigated into according to law. 

       Article 26 The assistance to the disabled who have no registered permanent residence in this city shall be provided according to the related rules of the state, province.