Regulations of Changsha Municipality on Home Care for the Aged

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, the Measures for the Implementation of the Law of Hunan Province on the Protection of the Rights and Interests of the Elderly and other laws and regulations, combined with the actual situation of this Municipality, in order to meet the needs of home-based care services, standardize home-based care services and promote the healthy development of home-based care services. Article 2 These Regulations shall apply to the home-based aged care service and its supervision and management within the administrative area of this Municipality.

The term "home-based care for the aged" as mentioned in these Regulations refers to a social service based on the family, supported by the community (village) and supported by the social security system, which consists of basic government services, professional services of enterprises, institutions and social organizations, grassroots mass autonomous organizations and volunteer public welfare services, and provides life care, home care and spiritual comfort for the elderly at home. Article 3 Home-based care for the aged adheres to the principles of government leadership, family responsibility, social participation, people-oriented, convenience nearby and overall development. Article 4 The Municipal People's Government shall establish and improve the basic old-age service system, and formulate and publish the catalogue of home-based old-age services.

Home care services should give priority to ensuring the demand for home care services for eligible widowed, disabled, severely disabled, elderly, family planning special families, key entitled groups and other personnel. Article 5 The municipal, district and county (city) people's governments shall strengthen their leadership over home-based care services, incorporate home-based care services into the national economic and social development plan, establish a joint conference system for home-based care services, make overall plans for home-based care services, and establish a funding guarantee mechanism that is compatible with the needs of home-based care services and economic and social development.

Neighborhood offices and Township People's governments shall, in accordance with their duties, do a good job in the specific organization and implementation of home-based care services within their respective jurisdictions.

Community residents' committees and villagers' committees shall assist in the work of providing for the aged at home. Article 6 The administrative department of civil affairs shall be responsible for the overall organization, supervision and guidance, and supervision and management of home care services.

Health, development and reform, finance, human resources and social security, natural resources and planning, housing and urban and rural construction, commerce, emergency management, market supervision and management, medical security, data resource management, culture, tourism, radio and television and other administrative departments shall, according to their respective functions and duties, do a good job in home-based care services.

Trade unions, youth leagues, women's federations, disabled persons' federations, the Red Cross and other people's organizations shall assist in the development of home care services. Seventh children of the elderly and other people who have the obligation to support and support according to law shall fulfill their obligations of economic support, life care and spiritual comfort to the elderly.

Advocate family members to live with the elderly or live nearby and take care of them. Eighth old-age service industry associations shall participate in home-based care services in accordance with the articles of association, establish a self-discipline mechanism for home-based care services, and safeguard the legitimate rights and interests of home-based care services in accordance with the law.

Encourage property service enterprises, elderly organizations, charitable organizations, voluntary service organizations and relevant employers to participate in or support home-based care services in various forms. Chapter II Service Facilities Article 9 The administrative department of civil affairs shall, jointly with the administrative department of natural resources and planning, prepare a special plan related to the service facilities for the aged at home; After the special planning is approved by the people's government at the same level, it will be incorporated into the national land and space planning and into the detailed planning and implementation.

Home care service facilities shall meet the relevant supporting standards and design specifications of public facilities, and meet the requirements of barrier-free facilities construction, environmental protection, fire safety, health and epidemic prevention, food safety and so on. Article 10 Newly-built residential projects shall be equipped with housing for home-based aged care services according to the standard of not less than 30 square meters per 100 households, and the construction area of single-use housing shall be not less than 350 square meters, which shall be planned, constructed, accepted and delivered simultaneously with residential projects. Supporting home-based care services should meet the needs of elderly care and day care, and the home-based care services should be marked in the planning drawings. If residential projects are built in stages, the housing for home-based aged care services should generally be completed in the first phase.

If there is no home care service room in the completed residential area or the home care service room does not meet the planning requirements and construction standards, the district, county (city) people's government will allocate it by building, rebuilding, purchasing, replacing and leasing according to the standard of not less than 20 square meters per 100 households. Article 11 The administrative department of natural resources and planning shall incorporate the house for home-based aged care service of newly-built residential projects into the planning conditions of construction land as an integral part of the contract for transferring the right to use state-owned land, and make it clear in the announcement of bidding, auction and listing of the right to use state-owned land.

The construction unit of newly-built residential projects shall hand over the housing for home-based aged care services in accordance with the contract, and the specific handover measures shall be formulated separately by the Municipal People's Government. Article 12 The administrative departments in charge of natural resources and planning shall, when planning and examining the supporting construction of new residential projects, do a good job in the examination and approval of supporting facilities for home-based aged care services in accordance with regulations, and regularly push the examination and approval results to the administrative departments of civil affairs, which shall make overall planning and management.

Without legal procedures, no unit or individual may change the use of land for the construction of home care service facilities or the nature of the use of home care service facilities without authorization, and may not occupy, damage or dismantle home care service facilities without authorization. If it is really necessary to change due to urban and rural construction, it should be built or replaced nearby in accordance with the law and not less than the original scale and standard. When it is really necessary to co-ordinate the use of public service houses in residential quarters, it should ensure that the area of home-based aged care services in residential quarters within the community is not reduced.

During the construction of home care service facilities, transitional housing should be arranged to meet the needs of home care services for the elderly.