Notice of the General Office of Nansha District People's Government of Guangzhou Municipality on Issuing the Detailed Implementation Rules of Nansha District of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause

Normative Document No 2 [2021] of the General Office of Nansha District People's Government of Guangzhou Municipality

Notice of the General Office of Nansha District People's Government of Guangzhou Municipality on Issuing the Detailed Implementation Rules of Nansha District of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause

All district government towns (street communities), departments and agencies,

The Detailed Implementation Rules of Nansha District of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause are hereby issued to you for your implementation. Problems encountered in the implementation shall be reported to the Nansha branch of the Guangzhou municipal public security bureau.

General Office of Nansha District People's Government of Guangzhou Municipality

Sept 13, 2021

Detailed Implementation Rules of Nansha District of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause

Article 1 These detailed rules are formulated in light of the realities of Nansha district in accordance with the Regulations of Guangdong Province on Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause and the Implementation Measures of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause for the purpose of upholding the sense of justice in society, encouraging brave and righteous acts, and protecting the lawful rights and interests of persons who take such actions. 

Article 2 These detailed rules apply to the reward and protection for persons taking courageous acts for a just cause within the jurisdiction of Nansha district. 

Residents with a household registration in Nansha district who have taken courageous acts for a just cause outside the jurisdiction of Nansha district shall be rewarded and protected with reference to these detailed rules. 

Article 3 The "courageous acts for a just cause" herein refers to the actions of stopping ongoing offences, saving people, or performing emergency rescue and disaster relief work, which are done so by those without any statutory duty and obligation for the sake of protecting the interests of the State and the public or the personal and property safety of others in accordance with the Implementation Measures of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause.

Actions of bravely combating crime, saving people, or performing emergency rescue and disaster relief work, which are done so by security guards, assistant police officers, joint security guards, traffic coordinators and other persons with agreed obligations shall also be deemed as courageous acts for a just cause. 

Citizens' acts of saving and helping their direct relatives whom they have the responsibility of supporting, and the acts of guardians supporting their family members shall be regarded as fulfilling statutory obligations instead of being regarded as courageous acts for a just cause. 

Article 4 The people's governments at all levels in Nansha district are responsible for the implementation of these detailed rules. Public security authorities are in charge of the routine work at their corresponding level. Departments of civil affairs, human resources and social security, finance, education, health, housing and urban-rural construction, audit, and judicial administration shall perform their respective duties in rewarding and protecting persons taking courageous acts for a just cause. 

The trade unions, youth league committees, women's unions and unions of people with disabilities of Nansha district shall assist in the reward and protection of persons taking courageous acts for a just cause. 

Article 5 Nansha district people's government shall establish an evaluation committee of courageous acts for a just cause for the recognition of such acts. 

The evaluation committee is composed of the staff from the Nansha branch of Guangzhou municipal public security bureau, the bureau of civil affairs, the bureau of human resources and social security, the bureau of finance, the bureau of education, the bureau of health, the bureau of housing and urban-rural construction, the bureau of justice of Nansha district as well as other professionals. The committee has an office in which public security authorities are responsible for its routine operation.

Article 6 Those (or his/her close relatives) who have taken acts prescribed in paragraph one and two of Article 3 herein may apply to the Nansha district evaluation committee of courageous acts for a just cause for recognizing the courageous acts for a just cause. The relevant organizations and individuals may also make recommendations. 

An application or recommendation for recognizing the courageous acts for a just cause shall be filed within six months from the date of the occurrence. 

Where there is no applicant or reference, the evaluation committee may grant recognition according to its functions and powers. 

Article 7 Applicants applying for the recognition of courageous acts for a just cause to the Nansha district evaluation committee of courageous acts for a just cause shall submit the following documents: 

(1) Basic information of the person including his/her identity; 

(2) Where the person is injured, disabled or dead, his/her medical records, forensic identification conclusions, judicial identification conclusions, disability certificates, death certificates as well as other documents shall be submitted; 

(3) Documents indicating the time, place, and the development of the incident, or the inquiry records of the public security authorities. 

(4) Documents of the witness and relevant entities. 

For any unavailable materials, the applicant shall provide a letter of commitment.

Article 8 Upon accepting the written application or recommendation, the Nansha district evaluation committee of courageous acts for a just cause shall organize an investigation and evidence collection within three working days, organize an evaluation and compose a written statement within 30 days. If the situation is complicated and it takes longer to complete such process, the period may be extended for 10 working days with the approval of the director of the committee. The applicant or reference shall be informed. In case of a failed application, the committee shall inform the applicant or reference of the results and reasons in writing. 

The local police station where the act was reported shall be contacted, evidence collected, and the truth of the event proven within three working days from the date of receiving the notice from the Nansha district evaluation committee or receiving the application or reference documents provided by an entity or individual. It shall report the investigation and evidence collection results and the documents to the Evaluation Committee within 15 days. 

Article 9 The daily work of the application for the recognition of courageous acts for a just cause in the district shall be organized and carried out by Nansha branch of Guangzhou municipal public security bureau. In the case of major or difficult problems, the office of Nansha district evaluation committee of courageous acts for a just cause shall organize a vote at a plenary meeting, and the decision shall be made under the principle of the minority being subordinate to the majority. If the votes are the same, the office of the evaluation committee shall hold another plenary meeting to vote and decide. 

The office of the Nansha district evaluation committee of courageous acts for a just cause shall notify all member entities in writing on a quarterly basis or hold regular meetings to notify them of the work completed for the recognition of courageous acts for a just cause. 

Article 10 For those to be recognized as persons taking courageous acts for a just cause, except for the circumstances prescribed in paragraph one of Article 28 of the Regulations of Guangdong Province on Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause, their acts shall be published on the Nansha district people's government of Guangzhou municipality web portal and the public opinions shall be solicited. The publication period shall not be less than seven working days, which will not be included in the time for the recognition of work. 

The list and acts of the confirmed persons shall be made public, except for the circumstance prescribed in paragraph one of Article 28 of the Regulations of Guangdong Province on Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause. 

Article 11 Nansha district people's government shall arrange special funds for the work of recognizing persons taking courageous acts for a just cause in the annual financial budget, formulate measures for managing the use of funds, make a duly adjustment, and ensure such funds are used for the prescribed purposes. The use and management of the special funds shall be supervised by the bureau of finance and the bureau of audit of Nansha district in accordance with the law. 

Article 12 The reward for persons taking courageous acts for a just cause shall be implemented in combination of moral encouragement, material rewards and social security. The Nansha district evaluation committee of courageous acts for a just cause may commend or reward the recognized persons taking courageous acts for a just cause as follows: 

(1) Publicizing commendations; 

(2) Issuing bonuses; 

(3) Granting the honorary title of persons taking courageous acts for a just cause. 

Article 13 In addition to enjoying the treatment as prescribed by the state, provincial and municipal pension and subsidy policies, the persons taking courageous acts for a just cause may be granted a one-off pension bonus by the Nansha district people's government, upon the recognition by the Nansha district evaluation committee of courageous acts for a just cause: 

(I) If the courageous person is deceased, a pension bonus of 300,000 yuan ($46,933) will be granted, and if e his/her deed is particularly prominent and has a huge impact, the pension bonus may be increased where appropriate. 

(II) If the courageous person is disabled, a pension bonus of 50,000 yuan to 300,000 yuan may be granted in accordance with the disability level prescribed in Article 8 of the Notice on Issuing the Measures of Guangdong Provincial Brave and Righteous Deed Evaluation Committee for the Recognition of Courageous Acts for A Just Cause (for Trial Implementation) (Normative Document No 7 [2013] of Guangdong Provincial Brave and Righteous Deed Evaluation Committee): 

1. For those who completely lost their ability to work, a pension bonus of 200,000 yuan to 300,000 yuan may be granted; 

2. For those who lost most of their ability to work, a pension bonus of 100,000 yuan to 200,000 yuan may be granted; 

3. For those who partially lost their ability to work, a pension bonus of 50,000 yuan to 100,000 yuan may be granted. 

(III) In accordance with the Appraisal Criteria for the Degree of Human Injury issued by the Supreme People's Court, if recognized as a serious injury, a pension bonus of 50,000 yuan to 200,000 yuan may be granted according to the severity of the injury, and if recognized as a minor injury, a pension bonus of less than 50,000 yuan may be granted according to the severity of the injury. 

(IV) For those with minor injuries and injuries that do not meet the standards for minor injuries, but their courageous acts are prominent and meet any of the following circumstances, a pension bonus of 1,000 yuan to 20,000 yuan may be granted where appropriate. If their deeds are particularly prominent, the pension bonus may be increased where appropriate. 

1. Taking actions to protect or rescue the interests of the state, society and the public and the citizens' lives and property when they are being harmed; 

2. Assisting the public security and judicial authorities to manhunt fugitives or criminal suspects, or displaying outstanding performance in maintaining public order and stopping crimes; 

3. Protecting the interests of the state, society and the collectives or the lives and property of other people in case of disasters and accidents regardless of one's own safety; 

4. Helping and saving others in an emergency with an outstanding performance. 

Article 14 After recognizing the persons taking courageous acts for a just cause, the Nansha district evaluation committee of courageous acts for a just cause will apply for a municipal reward from its superior committee for those who meet the provisions of Article 13of the Implementation Measures of Guangzhou Municipality for Rewarding and Protecting Persons Taking Courageous Acts for A Just Cause. 

Those who apply for the reward from the Guangzhou municipal evaluation committee of courageous acts for a just cause shall provide documents that meet the provisions of Article 7 herein along with the evaluation opinions by the Nansha district evaluation committee of courageous acts for a just cause. The application process will be handled as required by the Guangzhou municipal evaluation committee of courageous acts for a just cause. 

Article 15 The injury or disability appraisal of any person taking courageous acts for a just cause shall be made by a forensic expert, judicial appraisal institution or disability appraisal institution before the applicant or the reference submits a written application or after being notified by the Nansha district evaluation committee of courageous acts for a just cause. 

For persons taking courageous acts for a just cause who are covered by workers' compensation, and if their injuries are identified as on-the-job injuries or deemed as on-the-job injuries, their injuries shall undergo disability appraisal conducted in accordance with the Measures for the Management of Work Ability Appraisal for Employees with On-job injuries (Decree No 21 of the Ministry of Human Resources and Social Security and the National Health Commission). 

Article 16 Any relevant entities or individuals in Nansha district shall timely inform the public security authorities and medical institutions of the injury of the person taking courageous acts for a just cause. The relevant entities or individuals shall assist in the medical treatment and aid. Medical institutions and medical staff shall treat the injured persons in a timely manner and should not refuse or pass the buck. 

Article 17 Within the jurisdiction of Nansha district, if any person suffers personal injury due to taking courageous acts for a just cause, the medical expenses, nursing expenses and other reasonable treatment expenses during the treatment period shall be paid by the department of special fund management of brave and righteous deeds first upon notification from the public security authorities. If such person is disabled, the expenses for assistive products for living with a disability will be paid by the above-mentioned department first. In case of death, the funeral expenses will also be covered. 

If the person is injured by an infringer when taking the courageous acts, the infringer or the guardian of the infringer shall bear civil liability for the infringement according to the law. The expenses paid in advance as per the above paragraph shall be recovered from the infringer or the guardian of the infringer. 

Where the person is injured due to courageous acts for a just cause and there is a beneficiary, the relevant expenses may be borne by the beneficiary or the guardian of the beneficiary as deemed appropriate. 

Article 18 If a person with a household registration in Nansha district is confirmed as a person taking courageous acts for a just cause outside the jurisdiction of Nansha district, he/she can receive the same reward and protection as those in Nansha district, and if he/she has received the pension bonus where the courageous acts occurred, the part of the difference from the pension bonus in Nansha district shall be supplemented by the Nansha district evaluation committee of courageous acts for a just cause after the recognition in accordance with the relevant provisions of Article 13 herein. 

Article 19 The persons taking courageous acts for a just cause who are covered by workers' compensation shall be compensated in accordance with the law if their injuries are confirmed as on-the-job injuries or deemed as on-the-job injuries. 

For those not covered by workers' compensation and those whose injuries are not confirmed as on-the-job injuries, and if they are disabled due to taking courageous acts for a just cause, the disability level shall be assessed in accordance with the Notice on Issuing the Detailed Rules of the Civil Affairs Department of Guangdong Province on the Implementation of the Measures for the Administration of Disability Pensions (Normative Document No 1 [2012] of the Civil Affairs Department of Guangdong Province) and the persons shall be given benefits. 

Article 20 For those who missed work due to taking courageous acts for a just cause, their employers shall see them as on duty and shall not deduct their welfare benefits or illegally terminate their labor contracts. 

Article 21 For those who have partially lost their ability to work due to courageous acts for a just cause, their employers shall arrange their work within his/her ability. 

Those who have completely lost their ability to work due to courageous acts for a just cause and are covered by the basic endowment insurance for employees may receive the basic endowment insurance benefits in accordance with the law. 

Those who are unable to receive the benefits as provided for in paragraphs one and two of this Article, and who have partially lost their ability to work, shall be introduced to employment by the public employment service institutions or employment service institutions for persons with disabilities, and those who have completely lost their ability to work, but are not eligible for workers' compensation, may be given basic living expenses that are not lower than the monthly average standard of per capita disposable income of urban residents in the previous year. Such funds will be allocated from the special funds for persons taking courageous acts for a just cause of Nansha district people's government on a monthly basis. Persons taking courageous acts for a just cause who have difficulties in finding jobs may be given priority for employment assistance and be recommended for employment. 

Article 22 For persons taking courageous acts for a just cause who meet the requirements for an urban or rural subsistence allowance, their families may be given a subsistence allowance in accordance with the regulations. If they meet the conditions of special assistance and temporary assistance, the authorities at all levels of Nansha district people's government may give priority to assistance. 

Article 23 The housing security departments at all levels of Nansha district people's government should give priority to the urban families of persons taking courageous acts for a just cause who meet the housing security conditions for inclusion in the housing security scheme, and the government should give them priority to public housing rentals or house leasing subsidies grants. Families of persons taking courageous acts for a just cause should be given priority in the scheme of renovation of dilapidated houses in rural areas should the families meet the conditions. 

If a person taking prominent courageous acts for a just cause applies for a permanent residence at the place where the courageous acts occurred, or his/her spouse or child files such applications, the authorities at all levels of Nansha district people's government shall give priority to such application.

Article 24 If a family member who is orphaned due to the sacrifice of a person taking courageous acts for a just cause is eligible to be taken into the social welfare institution of the Guangzhou Municipality, or if the family member meets the conditions for extreme poverty support, the civil affairs departments at all levels of the Nansha District People's Government shall make it a priority to take care of such persons. 

For the children who are orphaned or meet the conditions of actual unsupported children due to the sacrifice or disability of persons taking courageous acts for a just cause, the civil affairs departments at all levels of the Nansha district people's government shall include them into the orphans/unsupported children security system, granting basic living expenses for the orphans or basic living subsidies for the unsupported children according to the system's standards. 

For the family members who are orphaned or meet the conditions of unsupported children due to the sacrifice or disability of person taking courageous acts for a just cause, the human resources and social security departments at all levels of the Nansha district people's governments shall include their medical insurance in the basic medical insurance for urban and rural residents. The expenses for the basic medical insurance for urban and rural residents may be paid through the urban and rural medical assistance system. 

Where the sacrificed persons taking courageous acts for a just cause meet the conditions of a martyr evaluation, the martyrs shall be declared in accordance with the Regulations on Honoring Martyrs, and the family members of martyrs may receive corresponding pensions and preferential treatment. 

Article 25 For the personal data and relevant deeds of the persons taking courageous acts for a just cause that should not be made public, the Nansha district evaluation committee of courageous acts for a just cause and other relevant departments shall keep them confidential. 

If a person taking courageous acts for a just cause, or his/her close relatives are threatened due to the courageous acts for a just cause, the public security authorities shall effectively protect them, and if a person taking courageous acts for a just cause, or his/her close relatives also retaliated, the public security authorities and other relevant bureaus shall accept such cases in a timely manner and handle them in accordance with the law. 

Article 26 If the property losses of others are caused due to courageous acts for a just cause in the jurisdiction of Nansha district, the compensation liability shall be borne by the persons taking courageous acts for a just cause in accordance with the law, and the Nansha district evaluation committee of courageous acts for a just Cause shall allocate appropriate economic subsidies from the special funds for the persons taking courageous acts for a just cause. 

If a person taking courageous acts for a just cause, or his/her close relatives request legal aid for disputes of civil rights and interests arising from the courageous acts, the applicants do not need to submit the declaration materials of financial difficulties, and the legal aid institution shall provide assistance in a timely manner. 

Article 27 If the people's governments at all levels, the relevant competent authorities or their staff members in Nansha district violate the provisions of these detailed rules and commit any of the following acts, the superior authorities or supervisory authorities will order them to make corrections, and in the case of serious consequences, the persons in charge and others directly liable will be punished in accordance with the law. If a crime is constituted, the person shall be subject to criminal liabilities in accordance with the law: 

(I) Embezzling, misappropriating, intercepting or privately splitting up the special funds for persons taking courageous acts for a just cause; 

(II) Failing to grant bonuses, pensions or give the benefits to persons taking courageous acts for a just cause as required. 

(III) Other acts of abusing power, dereliction of duty or malpractice for personal gain. 

Article 28 If a person is found to have fabricated the facts or concealed the truth to defraud him/her of an honor or reward for courageous acts for a just cause, his/her honorary title will be revoked by the original confirming department. The prize, pension and other subsidies obtained will be recovered, and relevant benefits will be cancelled. If the person is a state functionary, the competent department or the supervision department will punish it in accordance with the law, and if the case constitutes a violation of the provisions of the public security administration, the public security authorities will punish the person in accordance with the law. If the case constitutes a crime, the person will be subject to criminal liabilities in accordance with the law.

Article 29 These detailed rules shall come into force on the date of promulgation and shall remain in force for five years. In the case of any changes to the laws, regulations or relevant policies within the term of validity of these detailed rules, such change shall prevail. Six months prior to expiry, these detailed rules will be evaluated and revised in accordance with laws based on the implementation.

Form of Disclosure: Active Disclosure