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Full text and interpretation of the service management measures for floating population in Shandong Province
Recently, the General Office of the People's Government of Shandong Province issued the Interim Measures for the Service Management of Floating Population in Shandong Province, which made specific provisions on the residence management, rights protection and public services of floating population in the province. The following brings you the full text of this method and related interpretations. Welcome to read!
Related interpretation: ● No unit or individual may detain the residence permit except the police who perform official duties.
● Our province will establish a unified integrated information service management platform for floating population.
● No unit or individual may query and use the information of floating population in violation of regulations.
Recently, the general office of the provincial government issued the Interim Measures for the Service Management of Floating Population in Shandong Province (hereinafter referred to as the Measures), clarifying that the service management of floating population in our province shall implement the residence registration system. Floating population can apply for residence permit if they have lived in their place of residence for more than half a year and meet the relevant conditions. The residence permit is implemented by one person and one certificate, and is endorsed once a year. These Measures shall come into force on+1 0/day in 2007.
The data shows that the floating population in China reached 253 million in 20 14, and it is expected to increase to 29 10/00000 by 2020. This means that at present, 1 of every 5 to 6 people in China is a floating population. Shandong is a province with a large floating population. In 20 14, the floating population in our province exceeded130,000, among which the total floating population in Jinan and Qingdao exceeded 4 million. Strengthening the service management of floating population has become an important aspect of social governance modernization.
? The "Measures" issued by our province this time are based on the Provisional Regulations on Residence Permit issued by the State Council and other relevant documents, combined with the reality of our province. ? According to the person in charge of the relevant departments of the Provincial Public Security Department, as early as 20 12, our province began to implement the residence permit system to fully protect the legitimate rights and interests of the floating population. After the implementation of these measures, the current Measures for the Administration of Floating Population Services in Shandong Province shall be abolished at the same time.
The "Measures" clearly implement the residence registration system for floating population service management, with one person and one certificate. The floating population here refers to people who have left their permanent residence and lived across counties (cities, districts) for more than 3 days. The municipal people's government with districts may, in light of local actual conditions, specifically determine the scope of floating population included in service management. The floating population shall, within 3 working days from the date of arrival at the place of residence, declare residence registration to the local police station with valid identity documents such as my resident ID card, and the local police station shall issue a residence registration certificate. If the floating population stays in hotels, hotels, inns, etc., is hospitalized in medical institutions, lodges in schools and training institutions, and receives assistance in assistance management institutions, and registers for accommodation, hospitalization, shelter or assistance in accordance with relevant regulations, it may not apply for residence registration.
The current measures stipulate that if the floating population intends to live in the place of residence for more than 30 days, the police station shall issue a residence permit. The new "Measures" extend this period to half a year, that is, if the floating population has lived in the place of residence for more than half a year and meets one of the conditions of legally stable employment, legally stable residence and continuous study, they can apply for a residence permit in accordance with the provisions of these Measures. In addition, the validity period of the current residence permit is divided into 1 year and 3 years. The new "Measures" canceled the expression of the validity period of residence permit and stipulated that it should be endorsed once a year.
Is it too much trouble to endorse once a year? The person in charge of the relevant departments of the Provincial Public Security Department responded that the existing 1 year and 3-year certificates should be signed once a year, which is convenient for the public security organs to unify household registration management and also conforms to the regulations of the State Council. ? Judging from the application conditions stipulated in the Measures, whether it is stable employment, stable residence or continuous study, it is relatively stable. In addition, the current endorsement is also very convenient, and it is not difficult to sign it every year. ?
Different from the current Measures, the Measures stipulate that individuals holding residence registration certificates can enjoy the same rights and public services as individuals holding residence permits. Floating population holds residence permit or residence registration certificate, and enjoys nine rights and public services including social insurance, basic public health services and housing security policies in their place of residence according to law. In addition, the floating population can enjoy four conveniences, such as applying for a driver's license at the place of residence and relying on a residence permit or residence registration certificate.
According to the "Measures", in the future, lessors of houses or their entrusted agents, employers, property service enterprises, intermediary agencies engaged in house leasing, human resources service agencies engaged in job introduction, large bazaars and commodity distribution center management agencies must report the basic situation of floating population to the public security police station within three working days, and urge the floating population to declare their residence registration. The "Measures" clarify that when the people's police of public security organs perform their official duties according to law, they have the right to check the residence permit after presenting their law enforcement certificates, and the floating population may not refuse. When the staff of the relevant administrative departments and institutions perform official duties according to law or provide services for the floating population, they may ask the floating population to show their law enforcement certificates or work certificates, and then show their residence permits, and the floating population shall cooperate. Except the people's police of public security organs perform official duties according to law, no unit or individual may confiscate or detain the residence permit.
In order to strengthen and standardize the information management of floating population, according to the Measures, our province will establish a unified integrated information service management platform for floating population to realize the integration and sharing of information resources such as residence registration, family planning and labor security. The floating population information includes the floating population's name, gender, nationality, citizenship number, permanent residence location and current residence address, service place, political outlook, marital status, family planning, employment, education status, social security, etc. The floating population information managed by public security, education, civil affairs, human resources and social security, housing and urban construction, real estate management, health and family planning and other departments and institutions should be unified into the floating population comprehensive information service management platform to realize information sharing. No unit or individual may query or use the information of floating population in violation of regulations. The public security organs, relevant administrative departments, public service institutions, commercial service organizations and their staff shall keep the information of the floating population confidential.
Attached:
Floating population with residence permit or residence registration certificate shall enjoy the following rights and interests and public services in their place of residence according to law:
(1) Services provided by public employment service agencies such as vocational guidance, employment introduction, employment unemployment registration, employment information inquiry, etc.;
(two) to participate in social insurance, deposit, withdrawal and use of housing provident fund;
(3) Basic public health services such as prevention and treatment of infectious diseases and planned immunization for children as stipulated by the state;
(four) to provide technical services for the basic family planning projects of the floating population of childbearing age stipulated by the state;
(5) Legal services and legal aid;
(six) in accordance with the provisions of the professional and technical post qualification assessment or examination, occupation (practice) qualification examination, occupation (practice) qualification registration;
(seven) the housing security policy stipulated by the people's government of the place of residence;
(eight) the people's government of the place of residence or the relevant departments in accordance with the provisions of the recognition and reward;
(nine) other public services stipulated by the people's government of the place of residence.
Floating population with residence permit or residence registration certificate shall enjoy the following conveniences in their place of residence:
(a) to apply for a motor vehicle driver's license and go through the formalities of motor vehicle registration;
(2) Handling entry and exit documents in accordance with relevant regulations;
(three) in accordance with the relevant provisions of the replacement, replacement of identity cards;
(4) Other convenient conditions stipulated by the people's government of the place of residence.
Interim Measures for the Service Management of Floating Population in Shandong Province "Interim Measures for the Service Management of Floating Population in Shandong Province" has been adopted at the 92nd executive meeting of the provincial government on 20116, and is hereby promulgated and shall come into force as of 20 17+0 1 day.
Governor of Guo Shuqing
2016165438+1October 30th
Interim Measures for the Service Management of Floating Population in Shandong Province
Chapter I General Provisions
Article 1 In order to protect the legitimate rights and interests of the floating population, strengthen and innovate the service management of the floating population, maintain social order, and promote coordinated economic and social development, these Measures are formulated in accordance with the Provisional Regulations on Residence Permit of the State Council and relevant laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to the residence management, rights protection and public services of floating population within the administrative area of this province.
The residence registration of foreigners, stateless persons, residents of Hongkong and Macao Special Administrative Regions and residents of Taiwan Province Province shall be implemented in accordance with the relevant provisions of the state.
Article 3 The term "floating population" as mentioned in these Measures refers to people who have left their permanent residence and lived across counties (cities, districts) for more than 3 days.
The municipal people's government with districts may, in light of local actual conditions, specifically determine the scope of floating population included in service management.
Article 4 The service management of floating population shall follow the principles of fair treatment, convenient service, reasonable guidance and standardized management.
Article 5 The people's governments at or above the county level shall incorporate the service management of the floating population into the long-term and annual plans for national economic and social development in the region, establish and improve the management, rights protection and public service system covering the floating population, and incorporate the funds for the service management of the floating population into the fiscal budget at the same level.
Article 6 The public security organs of the people's governments at or above the county level shall be responsible for the residence registration of the floating population and the issuance and management of residence permits within their respective administrative areas. There is no charge for residence registration and residence permit issuance.
The relevant departments and institutions of the people's governments at or above the county level, such as education, civil affairs, justice, finance, human resources and social security, housing and urban and rural construction, real estate management, health and family planning, and industrial and commercial administration, shall, according to their respective functions and duties, cooperate with each other to do a good job in floating population management, rights protection and public services.
Trade unions, the Communist Youth League, women's federations and other mass organizations shall assist in the service management of the floating population.
Seventh people's governments at or above the county level shall rely on the township people's government, street offices and village (neighborhood) committees to improve the integrated service management platform for floating population, and equip and enrich the floating population co-management personnel according to the actual situation.
Township people's governments, neighborhood offices and village (neighborhood) committees are entrusted by public security organs and other relevant departments to assist in the service management of the floating population's residence information collection, residence permit acceptance and issuance, focusing on providing employment, social security, family planning, education and other public services for the floating population.
Chapter II Residential Management
Eighth floating population service management to implement the residence registration system.
The floating population shall, within 3 working days from the date of arrival at the place of residence, declare residence registration to the local police station with valid identity documents such as my resident ID card, and the local police station shall issue a residence registration certificate.
If the floating population stays in hotels, hotels, inns, etc., is hospitalized in medical institutions, lodges in schools and training institutions, and receives assistance in assistance management institutions, and registers for accommodation, hospitalization, shelter or assistance in accordance with relevant regulations, it may not apply for residence registration.
Article 9 A floating population who has lived in the place of residence for more than half a year and meets one of the conditions of legally stable employment, legally stable residence and continuous study may apply for a residence permit in accordance with the provisions of these Measures.
The residence permit is implemented by one person and one certificate, and is endorsed once a year.
Article 10 The lessor or its entrusted agent shall register the basic information of the floating population, such as the name, type and number of identity documents, within 24 hours after moving in, and report to the police station within 3 working days to urge the floating population to declare residence registration. If the floating population terminates its residence, the lessor or its entrusted agent shall report to the police station within 3 working days from the date when the floating population leaves.
Eleventh the employer shall organize the floating population to declare residence registration within 3 working days from the date of employment; The termination or dissolution of labor relations with the floating population shall be reported to the police station within 3 working days from the date of termination or dissolution of labor relations.
Twelfth property services companies should inform the lessor of the basic situation of the floating population in the rental house, report to the police station within 3 working days, and urge the floating population to declare residence registration.
Article 13 Intermediaries engaged in house leasing and human resources service agencies engaged in job introduction shall, within 3 working days from the date of successful introduction, report the basic information of house lessors, floating population or employers and employed floating population to the police station.
Article 14 The management institutions of large bazaars and commodity distribution centers shall, within three working days from the date of settlement of the floating population, report the basic situation of the floating population to the police station and urge the floating population to declare residence registration.
Fifteenth floating population in the county (city, district) to change the residential address, it should be within 3 working days from the date of change, to the current residence of the police station to declare the change of residence registration.
Article 16 If the residence permit is lost or damaged, the floating population shall apply to the police station for replacement or renewal in time.
Seventeenth floating population to apply for, renewal, replacement of residence permits, the police station shall issue residence permits from the date of acceptance 10 working days.
Article 18 If the floating population leaves their place of residence to live in other counties (cities, districts), they or their close relatives, lessors of houses, employers, etc. shall promptly go to the police station to go through the formalities of canceling their residence registration; If the floating population dies, their close relatives, lessors or employers shall go through the formalities for cancellation of residence registration.
Article 19 When performing official duties according to law, the people's police of public security organs have the right to examine their residence permits after presenting their law enforcement certificates, and the floating population may not refuse.
When the staff of the relevant administrative departments and institutions perform official duties according to law or provide services for the floating population, they may ask the floating population to show their law enforcement certificates or work certificates, and then show their residence permits, and the floating population shall cooperate.
Except the people's police of public security organs perform official duties according to law, no unit or individual may confiscate or detain the residence permit.
Article 20 No unit or individual may forge, alter, buy or sell residence permits or use forged or altered residence permits, and may not defraud, impersonate, lease, lend or transfer residence permits.
Twenty-first public security organs for the floating population of women of childbearing age residence registration, should check the floating population marriage certificate. If there is no proof of marriage and childbearing, it shall promptly notify the health and family planning department of the place of residence; Health and family planning departments in the verification of the floating population marriage certificate, found that did not apply for residence registration, it shall promptly notify the public security organs.
Chapter III Protection of Rights and Public Services
Twenty-second the legitimate rights and interests of the floating population are protected by law, and no unit or individual may infringe upon them.
Twenty-third people's governments at or above the county level shall gradually incorporate the residence management, rights protection and public services of floating population into the residence registration system, improve and expand the use function of residence permit, and promote the equalization of basic public services for floating population.
Twenty-fourth floating population holding residence permit or residence registration certificate shall enjoy the following rights and public services in their place of residence according to law:
(1) Services provided by public employment service agencies such as vocational guidance, employment introduction, employment unemployment registration, employment information inquiry, etc.;
(two) to participate in social insurance, deposit, withdrawal and use of housing provident fund;
(3) Basic public health services such as prevention and treatment of infectious diseases and planned immunization for children as stipulated by the state;
(four) to provide technical services for the basic family planning projects of the floating population of childbearing age stipulated by the state;
(5) Legal services and legal aid;
(six) in accordance with the provisions of the professional and technical post qualification assessment or examination, occupation (practice) qualification examination, occupation (practice) qualification registration;
(seven) the housing security policy stipulated by the people's government of the place of residence;
(eight) the people's government of the place of residence or the relevant departments in accordance with the provisions of the recognition and reward;
(nine) other public services stipulated by the people's government of the place of residence.
Twenty-fifth floating population with residence permit or residence registration certificate, enjoy the following facilities in the place of residence:
(a) to apply for a motor vehicle driver's license and go through the formalities of motor vehicle registration;
(2) Handling entry and exit documents in accordance with relevant regulations;
(three) in accordance with the relevant provisions of the replacement, replacement of identity cards;
(4) Other convenient conditions stipulated by the people's government of the place of residence.
Twenty-sixth floating population meets the conditions stipulated by the people's government of the place of residence, and their school-age children should receive preschool education and compulsory education on the same basis as students with permanent residence.
Twenty-seventh floating population meets the conditions stipulated by the people's government of the place of residence, and can apply for permanent residence.
Twenty-eighth people's governments at or above the county level shall do a good job in the rescue and management of vagrants and beggars and the rescue and protection of vagrants and minors.
Twenty-ninth township people's governments, sub-district offices and village (neighborhood) committees where the floating population is registered shall strengthen the education and training of the outflow personnel to protect the legitimate rights and interests of left-behind women, children and the elderly.
Thirtieth the relevant administrative departments, public service institutions and commercial service organizations shall provide convenience for the use of residence permits.
Chapter IV Information Management
Thirty-first to establish a unified management platform for comprehensive information services of floating population in the province, and realize the integration and * * * sharing of information resources such as residence registration, family planning and labor security. The specific measures shall be formulated separately by the provincial people's government.
The information of the floating population shall include the name, gender, nationality, citizenship number, permanent residence and current residence address, service place, political outlook, marital status, family planning, employment, education status, social security and other contents of the floating population.
The floating population information managed by public security, education, civil affairs, human resources and social security, housing and urban construction, real estate management, health and family planning and other departments and institutions should be unified into the floating population comprehensive information service management platform to realize information sharing.
Thirty-second floating population should provide true, accurate and complete information when applying for residence registration.
If the floating population finds that the information recorded in the residence permit is incorrect or the residence information has changed, it shall apply for correction or change.
Thirty-third public security organs and relevant administrative departments, public service institutions, commercial service organizations and their staff shall keep the information of floating population confidential.
No unit or individual may query or use the information of floating population in violation of regulations.
Chapter V Legal Liability
Thirty-fourth in violation of these measures, laws, regulations and rules have been punished, in accordance with its provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fifth in violation of these measures, the floating population did not declare residence registration, the public security organ shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 100 yuan will be imposed.
Thirty-sixth in violation of these measures, the lessor or its entrusted agent fails to live in the floating population or terminate the registration declaration, the public security organ shall order it to make corrections and impose a fine of more than 200 yuan and less than 500 yuan.
Article 37 If, in violation of these measures, the employing unit fails to organize the floating population to declare residence registration or fails to report after terminating or dissolving the labor relationship with the floating population, the public security organ shall order it to make corrections and impose a fine of 1000 yuan on the legal representative or the person directly responsible; If the circumstances are serious, a fine ranging from 1000 yuan to 5,000 yuan shall be imposed.
Thirty-eighth in violation of these measures, the realty service enterprise fails to report the basic situation of the floating population in the leased house, the public security organ shall order it to make corrections, and impose a fine of more than 200 yuan and less than 500 yuan on the legal representative or the person directly responsible; If the circumstances are serious, a fine of not less than 3,000 yuan from 500 yuan shall be imposed.
Article 39 If, in violation of these measures, the intermediary agencies engaged in house leasing and the human resources service agencies engaged in job introduction fail to report the basic information of the lessor, the floating population of the leased house or the employing unit and the floating population, the public security organ shall order it to make corrections, and the legal representative or the person directly responsible shall be fined from 200 yuan to 500 yuan; If the circumstances are serious, a fine of not less than 3,000 yuan from 500 yuan shall be imposed.
Article 40 If, in violation of these measures, the management institutions of large bazaars and commodity distribution centers fail to report the basic situation of the floating population, the public security organ shall order it to make corrections, and the legal representative or the person directly responsible shall be fined from 200 yuan to 500 yuan; If the circumstances are serious, a fine of not less than 3,000 yuan from 500 yuan shall be imposed.
Article 41 If the public security organs, relevant administrative departments and other units and their staff neglect their duties, abuse their powers, engage in malpractices for selfish ends and infringe upon the legitimate rights and interests of the floating population, the directly responsible personnel in charge and other directly responsible personnel shall be punished by their units or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Forty-second residence permit as mentioned in these Measures refers to the proof that the floating population legally lives within the administrative area of this province and the valid certificate of enjoying the rights and interests protection and public services.
The style of residence permit shall be uniformly stipulated by the public security organ of the provincial people's government.
Forty-third the term "valid identity documents" as mentioned in these Measures refers to the residence booklet, identity card and temporary id card.
Article 44 These Measures shall come into force as of 20071October 2065438+ 1 day. On June 5th, 20 12, the Measures for the Administration of Floating Population Services in Shandong Province (DecreeNo. 253rd of the provincial government) shall be abolished at the same time.
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