| Order of the Ministry of Veterans Affairs of the People's Republic of China | | 中华人民共和国退役军人事务部令 |
| (No. 1) | | （第1号） |
| The Measures for the Administration of Pensions for the Disabled, as deliberated and adopt at the executive meeting of the Ministry of Veterans Affairs, is hereby issued and shall come into force on February 1, 2020. | | 《伤残抚恤管理办法》已经退役军人事务部部务会议审议通过，现予公布，自2020年2月1日起施行。 |
| Minister: Sun Shaocheng | | 部长 孙绍骋 |
| December 16, 2019 | | 2019年12月16日 |
| Measures for the Administration of Pensions for the Disabled | | 伤残抚恤管理办法 |
| (Issued by Order No. 34 of the Ministry of Civil Affairs on July 31, 2007, revised by the Decision of the Ministry of Civil Affairs to Revise the Measures for the Administration of Pensions for the Disabled, and revised by Order No. 1 of the Ministry of Veterans Affairs on December 16, 2019) | | （2007年7月31日民政部令第34号公布 根据2013年7月5日《民政部关于修改〈伤残抚恤管理办法〉的决定》修订 2019年12月16日退役军人事务部令第1号修订） |
| Chapter I General Provisions | | 第一章 总 则 |
| Article 1 For the purposes of regulating and strengthening the administration of pensions for the disabled by veterans affairs departments, these Measures are formulated in accordance with regulations such as the Regulation on Pensions and Preferential Treatments for Servicemen. | | 第一条 为了规范和加强退役军人事务部门管理的伤残抚恤工作，根据《军人抚恤优待条例》等法规，制定本办法。 |
| Article 2 These Measures shall apply to any Chinese citizen who has the following circumstances: | | 第二条 本办法适用于符合下列情况的中国公民： |
| (1) A serviceman who has been discharged from active service because he or she becomes disabled in action or on duty, or because his or her disability is graded resulting from an illness, during the service period. | | （一）在服役期间因战因公致残退出现役的军人，在服役期间因病评定了残疾等级退出现役的残疾军人； |
| (2) A people's police officer holding a permanent administrative position when he or she is injured in action or on duty. | | （二）因战因公负伤时为行政编制的人民警察； |
| (3) A reservist, militiaman, working laborer, or any other person who becomes disabled when fighting in a war, participating in military maneuvers or a military training, or performing a military duty. | | （三）因参战、参加军事演习、军事训练和执行军事勤务致残的预备役人员、民兵、民工以及其他人员； |
| (4) A person who becomes disabled when fighting against an offender to maintain public order. | | （四）为维护社会治安同违法犯罪分子进行斗争致残的人员； |
| (5) A person who becomes disabled when rescuing and protecting state property or the lives and property of the people. | | （五）为抢救和保护国家财产、人民生命财产致残的人员； |
| (6) A person for whom any law or administrative regulation otherwise requires the veterans affairs departments to be responsible for the pensions. | | （六）法律、行政法规规定应当由退役军人事务部门负责伤残抚恤的其他人员。 |
| If a person enumerated in subparagraphs (3), (4), and (5) of the preceding paragraph is required to be treated as incurring work-related injury according to the Regulation on Work-Related Injury Insurance, a pension for the disabled in action or on duty shall cease to be granted. | | 前款所列第（三）、第（四）、第（五）项人员根据《工伤保险条例》应当认定视同工伤的，不再办理因战、因公伤残抚恤。 |
| Article 3 A person enumerated in Article 2 of these Measures who meets the requirements for disability caused in action or on duty under the Regulation on Pensions and Preferential Treatments for Servicemen and other relevant policies may be determined to be disabled in action or on duty; and a person who is at fault for the incident or act resulting in his or her disability, or otherwise fails to meet the circumstances of disability in action or on duty, may not be determined to become disabled in action or on duty. | | 第三条 本办法第二条所列人员符合《军人抚恤优待条例》及有关政策中因战因公致残规定的，可以认定因战因公致残；个人对导致伤残的事件和行为负有过错责任的，以及其他不符合因战因公致残情形的，不得认定为因战因公致残。 |
| Article 4 The work related to pensions for the disabled shall conform to the principles of openness, fairness and impartiality. The veterans affairs departments of people's governments at county level shall issue relevant disability grading procedures and pension standards. | | 第四条 伤残抚恤工作应当遵循公开、公平、公正的原则。县级人民政府退役军人事务部门应当公布有关评残程序和抚恤金标准。 |
| Chapter II Disability Grading | | 第二章 残疾等级评定 |
| Article 5 Disability grading includes new disability grading, retroactive disability grading, and adjustment of disability grade. | | 第五条 评定残疾等级包括新办评定残疾等级、补办评定残疾等级、调整残疾等级。 |
| “New disability grading” means that for a person other than one in paragraph 1(1), Article 2 of these Measures, the nature of his or her disability caused in action or on duty, and his or her disability is graded. “Retroactive disability grading” means that the disability caused to an active serviceman in action or on duty fails to be graded in a timely manner, and after he or she has been discharged from active service, the nature of the disability caused in action or on duty is determined, and the disability is graded in accordance with the provisions of the Regulation on Pensions and Preferential Treatments for Servicemen. “Adjustment of disability grade” means that for a person with a disability of the original body site, which is so changed as to be clearly inconsistent with the original disability grade, the disability grade is adjusted, or may be canceled if the minimum standards for disability grading fail to be met. | | 新办评定残疾等级是指对本办法第二条第一款第（一）项以外的人员认定因战因公残疾性质，评定残疾等级。补办评定残疾等级是指对现役军人因战因公致残未能及时评定残疾等级，在退出现役后依据《军人抚恤优待条例》的规定，认定因战因公残疾性质、评定残疾等级。调整残疾等级是指对已经评定残疾等级，因原致残部位残疾情况变化与原评定的残疾等级明显不符的人员调整残疾等级级别，对达不到最低评残标准的可以取消其残疾等级。 |
| For new disability grading, an applicant shall submit an application within three years from sustaining an injury in action or on duty, or being diagnosed by authentication with an occupational illness; and for adjustment of disability grade, an application shall be filed one year after the last disability grading. | | 属于新办评定残疾等级的，申请人应当在因战因公负伤或者被诊断、鉴定为职业病3年内提出申请；属于调整残疾等级的，应当在上一次评定残疾等级1年后提出申请。 |
| Article 6 An applicant (here and below, a person with a mental illness shall apply with the help of his or her stakeholder) intending to apply for disability grading shall submit a written application to his or her employer. The employer shall examine the application for disability grading in a timely manner, issue a written opinion bearing its seal, and submit it and the relevant matters to the veterans affairs department of the people's government at county level at the place of registration household for examination. | | 第六条 申请人（精神病患者由其利害关系人帮助申请，下同）申请评定残疾等级，应当向所在单位提出书面申请。申请人所在单位应及时审查评定残疾等级申请，出具书面意见并加盖单位公章，连同相关材料一并报送户籍地县级人民政府退役军人事务部门审查。 |
| If an applicant has no employer, or intends to apply for disability grading based on the disability of the original body site, he or she may apply directly to the veterans affairs department of the people's government at county level at the place of registration household. | | 没有工作单位的或者以原致残部位申请评定残疾等级的，可以直接向户籍地县级人民政府退役军人事务部门提出申请。 |
| Article 7 An applicant for disability grading shall provide the following authentic and exact materials: a written application, a copy of the identification or household registration book, a copy of the veteran certificate (veteran registration form), the people's police certificate, or any other document, and a photo of the applicant without wearing a hat, recently taken in color, two inches in size. | | 第七条 申请人申请评定残疾等级，应当提供以下真实确切材料：书面申请，身份证或者居民户口簿复印件，退役军人证（退役军人登记表）、人民警察证等证件复印件，本人近期二寸免冠彩色照片。 |
| An applicant for new disability grading shall provide certification of the process of becoming disability and medical diagnosis certification. The certifications of the process of causing disability shall include certifications of performing duties provided by relevant functional departments, written traffic accident liability determinations, mediation agreements, civil judgments, written medical malpractice authentications, and other evidential materials; certifications of disability caused by rescuing and protecting state property or the lives and property of the people, or by fighting against an offender to maintain social security; and evidential materials related to going to war under uniform organization, participation in military maneuvers, a military training, or performance of military duties. Medical diagnosis certifications shall include original outpatient medical records, copies of inpatient medical records, and related examination reports sealed by issuing entities. | | 申请新办评定残疾等级，应当提交致残经过证明和医疗诊断证明。致残经过证明应包括相关职能部门提供的执行公务证明，交通事故责任认定书、调解协议书、民事判决书、医疗事故鉴定书等证明材料；抢救和保护国家财产、人民生命财产致残或者为维护社会治安同犯罪分子斗争致残证明；统一组织参战、参加军事演习、军事训练和执行军事勤务的证明材料。医疗诊断证明应包括加盖出具单位相关印章的门诊病历原件、住院病历复印件及相关检查报告。 |
| An applicant for retroactive disability grading shall submit the records of disability caused in action or on duty or original medical certifications. "Records" means the exact written records of the applicant kept by the military organization where the applicant serves such as the original information on the injury sustained by the applicant, treatment, and post-injury processing. For disability caused by an occupational illness, the records of work experience directly related to the occupational illness shall be provided. For disability caused by a medical malpractice, the conclusion on the authentication of the medical malpractice issued by the military logistics and health agency shall be provided. "Original medical certification" means the original medical report, discharge summary, or outpatient medical records issued by the hospital affiliated to the military organization where the applicant serves originally, which are sufficient to explain the cause and situation of the disability and a copy of inpatient medical records sealed by the issuing entity. | | 申请补办评定残疾等级，应当提交因战因公致残档案记载或者原始医疗证明。档案记载是指本人档案中所在部队作出的涉及本人负伤原始情况、治疗情况及善后处理情况等确切书面记载。职业病致残需提供有直接从事该职业病相关工作经历的记载。医疗事故致残需提供军队后勤卫生机关出具的医疗事故鉴定结论。原始医疗证明是指原所在部队体系医院出具的能说明致残原因、残疾情况的病情诊断书、出院小结或者门诊病历原件、加盖出具单位相关印章的住院病历复印件。 |
| An applicant for adjustment of disability grade shall submit the medical records, medical examination report, and diagnosis, among others, in relation to receiving medical care at a Class II(A) hospital or above over the past six months. | | 申请调整残疾等级，应当提交近6个月内在二级甲等以上医院的就诊病历及医院检查报告、诊断结论等。 |
| Article 8 The veterans affairs department of a people's government at county level shall examine the relevant materials submitted and inform the applicant of making supplements if the materials are incomplete or not in the legal form. | | 第八条 县级人民政府退役军人事务部门对报送的有关材料进行核对，对材料不全或者材料不符合法定形式的应当告知申请人补充材料。 |
| If the veterans affairs department of the people's government at county level holds upon examination that the applicant meets the conditions for injury in action or on duty, it shall, after reporting to the veterans affairs department of the people's government at districted city level for examination and receiving its approval, fill in the Disability Grading Approval Form and issue a Notice of Acceptance within 20 working days of acceptance, so notifying as to enable the applicant to cause a medical institution designated by the veterans affairs department of the people's government at districted city level to authenticate his or her disability caused in action or on duty and cause a panel of medical experts to issue a medical authentication opinion on disability grade according to the Serviceman Disability Grading Standards. The disability caused by an occupational illness shall be authenticated by a medical institution charged with the diagnosis of occupational illnesses by the veterans affairs department of a provincial people's government; and the disability caused by a mental illness shall be authenticated by a Class II specialized psychiatric hospital designated by the veterans affairs department of a provincial people's government. | | 县级人民政府退役军人事务部门经审查认为申请人符合因战因公负伤条件的，在报经设区的市级人民政府以上退役军人事务部门审核同意后，应当填写《残疾等级评定审批表》，并在受理之日起20个工作日内，签发《受理通知书》，通知本人到设区的市级人民政府以上退役军人事务部门指定的医疗卫生机构，对属于因战因公导致的残疾情况进行鉴定，由医疗卫生专家小组根据《军人残疾等级评定标准》，出具残疾等级医学鉴定意见。职业病的残疾情况鉴定由省级人民政府退役军人事务部门指定的承担职业病诊断的医疗卫生机构作出；精神病的残疾情况鉴定由省级人民政府退役军人事务部门指定的二级以上精神病专科医院作出。 |
| The veterans affairs department of the people's government at county level shall propose the disability grade of the applicant according to the medical authentication opinion on disability grade issued by the panel of medical experts, affix its opinion to and seal the Disability Grading Approval Form, and submit it and other application materials to the veterans affairs department of the people's government at districted city level, within 20 working days of receiving the opinion signed by the panel of medical experts. | | 县级人民政府退役军人事务部门依据医疗卫生专家小组出具的残疾等级医学鉴定意见对申请人拟定残疾等级，在《残疾等级评定审批表》上签署意见，加盖印章，连同其他申请材料，于收到医疗卫生专家小组签署意见之日起20个工作日内，一并报送设区的市级人民政府退役军人事务部门。 |
| If the veterans affairs department of a people's government at county level holds upon examination that a person in paragraph 1(1), Article 2 of these Measures fails to meet the conditions for injury in action or on duty, or holds, upon authentication by the panel of medical experts, that the person falls short of retroactive disability grading or disability grade adjustment standards, the veterans affairs department of the people's government at county level shall report to the veterans affairs department of the provincial people's government level by level in accordance with the relevant provisions of the Regulation on Pensions and Preferential Treatments for Servicemen. If a person other than one in paragraph 1(1), Article 2 of these Measures is held upon examination to fail to meet the conditions for injury in action or on duty, or held, upon authentication by the panel of medical experts, to fall short of new disability grading or disability grade adjustment standards, the veterans affairs department of the people's government at county level shall fill in the Notice of Disability Grading Results and deliver it and the materials provided by the applicant to the applicant or his or her employer. | | 县级人民政府退役军人事务部门对本办法第二条第一款第（一）项人员，经审查认为不符合因战因公负伤条件的，或者经医疗卫生专家小组鉴定达不到补评或者调整残疾等级标准的，应当根据《军人抚恤优待条例》相关规定逐级上报省级人民政府退役军人事务部门。对本办法第二条第一款第（一）项以外的人员，经审查认为不符合因战因公负伤条件的，或者经医疗卫生专家小组鉴定达不到新评或者调整残疾等级标准的，应当填写《残疾等级评定结果告知书》，连同申请人提供的材料，退还申请人或者所在单位。 |
| Article 9 The veterans affairs department of a people's government at districted city level shall, after examining submitted materials, affix its opinion and seal to the Disability Grading Approval Form. | | 第九条 设区的市级人民政府退役军人事务部门对报送的材料审查后，在《残疾等级评定审批表》上签署意见，并加盖印章。 |
| If the conditions are met, the veterans affairs department of the people's government at districted city level shall submit the above materials to the veterans affairs department of the provincial people's government, within 20 working days of receipt of the materials. If the conditions fail to be met, the veterans affairs department of the people's government at districted city level shall report to the veterans affairs department of the provincial people's government in accordance with the relevant provisions of the Regulation on Pensions and Preferential Treatments for Servicemen, as in the case of a person in paragraph 1(1), Article 2 of these Measures, or fill in the Notice of Disability Grading Results and deliver it and the materials provided by the applicant to the applicant or his or her employer level by level, as in the case of a person other than one in paragraph 1(1), Article 2 of these Measures. | | 对符合条件的，于收到材料之日起20个工作日内，将上述材料报送省级人民政府退役军人事务部门。对不符合条件的，属于本办法第二条第一款第（一）项人员，根据《军人抚恤优待条例》相关规定上报省级人民政府退役军人事务部门；属于本办法第二条第一款第（一）项以外的人员，填写《残疾等级评定结果告知书》，连同申请人提供的材料，逐级退还申请人或者其所在单位。 |
Article 10 Where the veterans affairs department of a provincial people's government holds upon preliminary examination of submitted materials that the conditions are met, it shall so notify level by level as to enable the veterans affairs department of the people's government at county level to publish the grading of the disability of the applicant. The content of the publication shall include the time, place, and cause of becoming disabled, a description of the disability (except related to privacy or inappropriate to be publicly disclosed), the proposed disability grade, and the contact information of the veterans affairs department at county level. The publication shall be carried out at the place where the applicant's employer is located, or the place of his or her residence, for a period of not less than seven working days. The veterans affairs department of the people's government at county level shall verify and affix its opinion to any opinion fed back during the publication, make a report to the veterans affairs department of the provincial people's government level by level, and submit the disabled person's certificate held by the applicant together, as in the case of grade adjustment.
．．．．．． | | 第十条 省级人民政府退役军人事务部门对报送的材料初审后，认为符合条件的，逐级通知县级人民政府退役军人事务部门对申请人的评残情况进行公示。公示内容应当包括致残的时间、地点、原因、残疾情况（涉及隐私或者不宜公开的不公示）、拟定的残疾等级以及县级退役军人事务部门联系方式。公示应当在申请人工作单位所在地或者居住地进行，时间不少于7个工作日。县级人民政府退役军人事务部门应当对公示中反馈的意见进行核实并签署意见，逐级上报省级人民政府退役军人事务部门，对调整等级的应当将本人持有的伤残人员证一并上报。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥900.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |