黑龙江省黑河市人民政府


第1号


《黑河市关于残疾人生产生活保障的规定》业经2002年市政府第16次常务会议讨论通过，现予发布施行。


市长：赵学礼

二○○二年六月十三日



黑河市关于残疾人生产生活保障的规定



第一条　根据《中华人民共和国残疾人保障法》和《黑龙江省实施＜中华人民共和国残疾人保障法＞办法》的规定，结合我市实际情况，制定本规定。
第二条　全社会应发扬社会主义人道主义精神，扶助残疾人生产生活，保障残疾人享有平等权利。
第三条　残疾人必须遵纪守法，履行公民义务，以正当手段谋职谋生，自尊、自强、自信、自立，努力为社会主义建设贡献力量。
第四条　残疾人凭残疾人证就医，乡（镇）以上医院（卫生院）可免收挂号费，并实行挂号、交费、化验、取药、就诊五优先。持县以上残疾人联合会（以下简称残联）的特困残疾人证明就医，市、县（市）区综合医院、中医院、专科医院可给予住院床位费、各项辅助检查费减免20%的照顾。
第五条　在对适龄残疾儿童少年实施义务教育的基础上，对家庭生活困难的残疾学生可免收学杂费，并经当地残联证明可就近入学。市属大中专院校对残疾学生在颁发奖学金、助学金方面应在同等条件下优先给予照顾。
第六条　对残疾人参加劳动就业前的各种技能培训，各技校、职校等培训单位，应给予免收培训费的照顾。
第七条　普通幼儿园不能拒收能够适应学习生活的残疾儿童入园。对家庭生活困难的残疾儿童，可适当减收保育费、杂费。
第八条　各城乡经济组织均应按本单位职工1.5%的比例安置残疾人就业，并为其选择适当的工种和岗位。凡未安排残疾人就业或安排残疾人就业暂未达到规定比例的单位，应按时足额交纳残疾人就业保障金。残疾人就业保障金可由各级残疾人劳动就业机构商同级地税部门代为收缴。
第九条　残疾职工在转正、晋级、职称评定、劳动工资、福利待遇和劳动保险等方面，应与其他职工享有同等待遇。
企业关、停、并、转、破产后，要妥善安排好残疾职工的生活。
第十条　经民政部门批准的社会福利企业，按照国家有关规定继续享受有关税收优惠政策。
第十一条　国家鼓励残疾人从事个体就业，发展私营经济。凡残疾人个体工商户、残疾人举办的小型生产企业，工商部门优先核发营业执照，并减收工商管理费；公安部门免收治安管理费；土地部门免收土地使用费；劳动部门免收管理费。
第十二条　农村一级残疾人免征农业税及附加，免除“两工”（义务工、积累工）和其它社会负担；二级残疾人减免征50%的农业税及附加、免除“两工”及其它负担；三级残疾人免除“两工”和其它社会负担。
第十三条　对无劳动能力、无法定抚养人、无经济来源的残疾人，由民政部门给予定期生活补助，或由乡、镇（街道）政府（办事处）、村（居）民委员会，包养户三方面签订供养合同。
第十四条　残疾人家庭安装有线电视专用线、水表等，凡申请安装地点与户口所在地一致的，安装单位凭其《残疾人证》减免50%的初装费、安装费。
在符合规划前提下，残疾人申请翻修、新建住房时，应优先安排宅基地并免收土地使用费。
第十五条　夫妻双方或一方是残疾人的家庭，其中一方为城镇户口，另一方需要到城镇落户的，公安部门应当予以办理。
第十六条　凡因工伤事故造成终生残疾、生活不能自理的残疾人，原单位必须保障其基本生活，并适当解决医疗护理等费用。
第十七条　“全国助残日”、“国际残疾人日”、“国际聋人节”、“国际盲人节”期间文化体育部门的电影院、公园、展览馆、图书馆等文化娱乐场所免费向残疾人开放。
第十八条　残疾人凭残疾人证可优先购票、优先搭乘市（区）内公共交通工具；对双下肢残疾的肢残人、盲人乘坐市（区）内交通工具，司乘及服务人员要给予提供便利服务。
第十九条　城区、乡镇所在地新建、扩建城市道路和公共建筑时，应当按照国家有关方便残疾人使用的城市道路和建筑物设计规范的要求，进行无障碍设计和建设。建设行政管理部门对不按规范要求进行设计或施工的，不予发放建设规划许可证、施工许可证。
第二十条　律师事务所、公证处、基层法律服务所应依法为残疾人提供法律援助，为经济困难或特殊案件的残疾人提供法律服务的，经残联证明给予减收或免收费用。
第二十一条　在社区建设中，文化、教育、卫生、劳动、民政、街道等部门要把对残疾人服务、扶持、就业等纳入整体规划之中。
第二十二条　残疾人个体工商户或福利企业开业，由县级以上残联证明，报社、广播、电视台等新闻宣传部门应当免费为其刊登一次性价值在500元人民币以内的广告，第二次刊登广告时收取半费。
第二十三条　本规定适用于黑河市行政区域内持有《中华人民共和国残疾人证》的各类残疾人。
第二十四条　本规定由黑河市残疾人联合会负责解释。
第二十五条　本规定从发布之日起施行。



The Standing Committee of the National People's Congress


LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT AND EXPORT COM-MODITY INSPECTION

(Adopted at the Sixth Meeting of the Standing Committee of the
Seventh National People's Congress on February 21, 1989, promulgated by
Order No. 14 of the President of the People's Republic of China on
February 21, 1989, and effective as of August 1, 1989)

Contents
Chapter I General Provisions
Chapter II Inspection of Import Commodities
Chapter III Inspection of Export Commodities
Chapter IV Supervision and Administration
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions

Chapter I General Provisions
Article 1
This Law is enacted with a view to strengthening the inspection of import
and export commodities, ensuring the quality of import and export
commodities, protecting the lawful rights and interests of the parties
involved in foreign trade, and promoting the smooth development of China's
economic and trade relations with foreign countries.
Article 2
The State Council shall establish an Administration for Import and Export
Commodity Inspection (hereinafter referred to as the State Administration
for Commodity Inspection), which shall be in charge of the inspection of
import and export commodities throughout the country. The local import and
export commodity inspection authorities (hereinafter referred to as the
commodity inspection authorities) set up by the State Administration for
Commodity Inspection shall be responsible for the inspection of import and
export commodities within areas under their jurisdiction.
Article 3
The commodity inspection authorities and other inspection organizations
designated by the State Administration for Commodity Inspection and the
commodity inspection authorities shall, in accordance with the law,
perform the inspection of import and export commodities.
Article 4
The State Administration for Commodity Inspection shall, in the light of
the needs in the development of foreign trade, make, adjust and publish a
List of Import and Export Commodities Subject to Inspection by the
Commodity Inspection Authorities (hereinafter referred to as the List of
Commodities).
Article 5
Import and export commodities which are included in the List of
Commodities and import and export commodities subject to inspection by the
commodity inspection authorities under other laws or administrative rules
and regulations must be inspected by the commodity inspection authorities
or inspection organizations designated by the State Administration for
Commodity Inspection or the commodity inspection authorities. No
permission shall be granted for the sale or use of import commodities
specified in the preceding paragraph until they have undergone inspection;
and no permission shall be granted for the export of export commodities
specified in the preceding paragraph until they have been found to be up
to standard through inspection.
Import and export commodities specified in the first paragraph of this
Article may be exempted from inspection upon the examination and approval
of an application from the consignee or consignor by the State
Administration for Commodity Inspection.
Article 6
Inspection on import and export commodities performed by the commodity
inspection authorities shall cover quality, specifications, quantity,
weight, packing and the requirements for safety and hygiene.
Import and export commodities governed by compulsory standards or other
inspection standards which must be complied with as provided for by laws
or administrative rules and regulations shall be inspected in accordance
with such inspection standards; in the absence of such stipulations,
import and export commodities shall be inspected in accordance with the
inspection standards agreed upon in the foreign trade contracts.
Article 7
Import and export commodities or items subject to inspection by other
inspection organizations under laws or administrative rules and
regulations shall be inspected in accordance with the provisions of
relevant laws or administrative rules and regulations.
Article 8
The State Administration for Commodity Inspection and the commodity
inspection authorities shall collect information on the inspection of
import and export commodities and make it available to the relevant
circles.

Chapter II Inspection of Import Commodities
Article 9
For import commodities which are subject to inspection by the commodity
inspection authorities in accordance with this Law, the consignee must
register them with the commodity inspection authorities located at the
port of discharge or the station of arrival. Import commodities which are
included in the List of Commodities shall be checked and released by the
Customs upon presentation of the seal of the commodity inspection
authorities affixed to the Customs declaration.
Article 10
For import commodities which are subject to inspection by the commodity
inspection authorities in accordance with this Law, the consignee shall
apply to the same authorities for inspection in places and within the time
limit specified by them. The commodity inspection authorities shall
accomplish the procedures for inspection and issue an inspection
certificate within the period of validity of claims prescribed in a
foreign trade contract.
Article 11
If import commodities other than those which are subject to inspection by
the commodity inspection authorities in accordance with this Law are found
to be not up to the quality standard, damaged or short on weight or
quantity, the consignee shall apply to the commodity inspection
authorities for inspection and the issuance of an inspection certificate
if such a certificate is necessary for claiming compensation.
Article 12
For important import commodities and a complete set of equipment in large
size, the consignee shall, in accordance with the terms agreed upon in a
foreign trade contract, conduct initial inspection or initial supervision
over manufacturing or loading in the exporting country before shipment,
while the relevant competent departments shall strengthen their
supervision. The commodity inspection authorities may, when necessary,
dispatch inspection personnel to take part in such inspection and
supervision.

Chapter III Inspection of Export Commodities
Article 13
For export commodities which are subject to inspection by the commodity
inspection authorities in accordance with this Law, the consignor shall
apply to the same authorities for inspection in the places and within the
time limit specified by them. The commodity inspection authorities shall
accomplish the procedures for inspection and issue a certificate without
delaying the prescribed time for shipment. Export commodities which are
included in the List of Commodities shall be checked and released by the
Customs upon presentation of the inspection certificate or the paper for
release issued by the commodity inspection authorities or the seal of the
same authorities affixed to the Customs declaration.
Article 14
Export commodities which have been inspected and passed by the commodity
inspection authorities and for which an inspection certificate or a paper
for release has been issued by the same authorities shall be declared for
export and shipped out of the country within the time limit specified by
the same authorities. Failing to meet the time limit shall entail
reapplication for inspection.
Article 15
An enterprise manufacturing packagings for dangerous export goods must
apply to the commodity inspection authorities for a test of the
performance of such packagings. An enterprise producing dangerous export
goods must apply to the same authorities for a test of the use of
packagings. No permission shall be granted for the export of dangerous
goods kept in packagings which have not passed a test.
Article 16
For vessel holds or containers used for carrying perishable foods, the
carrier or the organization using the containers shall apply for
inspection before loading. No permission shall be granted for loading and
shipment until the relevant conditions are passed by the inspectors.

Chapter IV Supervision and Administration
Article 17
The commodity inspection authorities may make a random inspection of
import and export commodities beyond those subject to inspection by the
commodity inspection authorities in accordance with this Law. No
permission shall be granted for the export of export commodities found to
be substandard in a random inspection.
Article 18
The commodity inspection authorities may, when necessary, assign
inspection personnel to manufacturers of export commodities which are
included in the List of Commodities to take part in supervision over the
quality inspection of export commodities before they leave the factory.
Article 19
The commodity inspection authorities may undertake the quality
certification of import and export commodities on the basis of agreements
signed between the State Administration for Commodity Inspection and the
foreign bodies concerned or upon entrustment by the foreign bodies
concerned. They may permit the use of quality certification marks on
import and export commodities which have been given quality certification.
Article 20
The State Administration for Commodity Inspection and the commodity
inspection authorities shall, on the basis of the requirements in their
inspection, entrust competent inspection organizations at home and abroad
with the inspection of import and export commodities after examining their
qualifications.
Article 21
The State Administration for Commodity Inspection and the Commodity
inspection authorities shall exercise supervision over the import and
export commodity inspection conducted by the inspection organizations
designated or approved by them and may make a random inspection of the
commodities which have been inspected by such organization.
Article 22
The State shall, when necessary, institute a quality licence system for
important import and export commodities and their manufacturers. The
specific measures thereof shall be drawn up by the State Administration
for Commodity Inspection in conjunction with the relevant competent
departments under the State Council.
Article 23
The commodity inspection authorities may, when necessary, place commodity
inspection marks or sealings on import and export commodities proved to be
up to standard through inspection.
Article 24
In case an applicant for the inspection of import and export commodities
disagrees with the results of inspection presented by the commodity
inspection authorities, he may apply for reinspection to the same
authorities, to those at the next higher level or to the State
Administration for Commodity Inspection. The conclusion on reinspection
shall be made by the commodity inspection authorities or the State
Administration for Commodity Inspection which has accepted the application
for reinspection.
Article 25
The commodity inspection authorities, the inspection organizations
designated by them and other inspection organizations approved by the
State Administration for Commodity Inspection may handle the business of
superintending and surveying import and export commodities as entrusted by
parties involved in foreign trade or by foreign inspection bodies.
The scope of business of superintending and surveying import and export
commodities shall cover: inspection of the quality, quantity, weight and
packing of import and export commodities; inspection of cargoes with
respect to general or particular average; inspection of container cargoes;
damage survey of import cargoes; inspection of technical conditions for
the shipment of exports; measurement of dead tonnage; certification of the
origin or value of exports and other superintending and surveying
services.

Chapter V Legal Responsibility
Article 26
Anyone who, in violation of the relevant provisions of this Law, purposely
markets or uses import commodities which are included in the List of
Commodities or subject to inspection by the commodity inspection
authorities in accordance with other laws or administrative rules and
regulations without having such commodities inspected, or purposely
exports export commodities which are included in the List of Commodities
or subject to inspection by the commodity inspection authorities in
accordance with other laws or administrative rules and regulations without
having such commodities inspected and proved up to standard shall be fined
by the commodity inspection authorities. If the circumstances are serious
and cause heavy economic losses, the criminal responsibility of the
personnel directly responsible shall be investigated by applying mutatis
mutandis the provisions of Article 187 of the Criminal Law.
Anyone who, in violation of the provisions of Article 17 of this Law,
purposely exports export commodities which have been found substandard
during a random inspection by the commodity inspection authorities, shall
be punished in accordance with the provisions of the preceding paragraph.
Article 27
If the falsifying or remaking of the certificates or documents, seals or
stamps, marks, sealings or quality certification marks for commodity
inspection constitutes a crime, the criminal responsibility of the
personnel directly responsible shall be investigated by applying mutatis
mutandis the provisions of Article 167 of the Criminal Law; if the
circumstances are minor, the offender shall be fined by the commodity
inspection authorities.
Article 28
If a party refuses to accept the punishment decision of the commodity
inspection authorities, he may, within 30 days of receiving the notice on
the punishment, apply for reconsideration to the same authorities which
have made the punishment decision, to those at the next higher level or to
the State Administration for Commodity Inspection. If the party refuses
to accept the decision on the reconsideration, he may, within 30 days of
receiving the notice on the reconsideration decision, bring a suit nor
complies with the punishment decision within the prescribed time limit,
the commodity inspection authorities which have made the punishment
decision shall apply to a court of law for compulsory execution.
Article 29
Any functionary of the State Administration for Commodity Inspection or of
the commodity inspection authorities or any of the inspection personnel of
the inspection organizations designated by the State Administration for
Commodity Inspection and the commodity inspection authorities who abuses
his power, commits irregularities for the benefit of his relatives or
friends, falsifies inspection results or fails to conduct inspection and
issue a certificate within the time limit through dereliction shall,
depending on the seriousness of the circumstances, be given administrative
sanction, or his criminal responsibility shall be investigated according
to law.

Chapter VI Supplementary Provisions
Article 30
The commodity inspection authorities and other inspection organizations
shall collect fees according to relevant provisions for carrying out
inspection or performing superintending and surveying services in
accordance with the provisions of this Law. The procedures for collecting
fees shall be drawn up by the State Administration for Commodity
Inspection in conjunction with the competent departments under the State
Council.
Article 31
Rules for the implementation of this Law shall be formulated by the State
Administration for Commodity Inspection and shall come into force after
being submitted to and approved by the State Council.
Article 32
This Law shall come into force as of August 1, 1989. The Regulations of
the People's Republic of China on the Inspection of Import and Export
Commodities promulgated by the State Council on January 28, 1984 shall be
invalidated as of the same date.



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.