Law of China on the Protection of the Rights and Interests of the Elderly

 2018-08-06  1352


· Document Number:Order No. 24 of the President of the People's Republic of China

· Area of Law: Civil Law

· Level of Authority: Laws

· Date issued:04-24-2015

· Effective Date:07-01-2013

· Issuing Authority: Standing Committee of the National People's Congress

· Status: Effective

 

Law of China on the Protection of the Rights and Interests of the Elderly
(Adopted at the 21st meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996, amended for the first time in accordance with the Decision on Amending Some Laws at the 10th meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009 and amended at the 30th meeting of the Standing Committee of the Eleventh National People's Congress on December 28, 2012; and amended for the second time in accordance with the Decision on Amending the Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015)
Table of Contents

Chapter I General Provisions

Chapter II Maintenance and Support by Families
Chapter III Social Security
Chapter IV Social Services
Chapter V Social Preferential Treatment
Chapter VI Livable Environment
Chapter VII Participation in Social Development
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution to protect the lawful rights and interests of the elderly, develop the undertakings related to the elderly, and promote the Chinese people's virtues of respecting, providing for and helping the elderly.
Article 2 For the purpose of this Law, “the elderly” refers to citizens at or above the age of 60.
Article 3 The state shall protect the lawful rights and interests of the elderly.
The elderly shall have the right to obtain material assistance from the state and society, the right to enjoy social services and social preferential treatment and the right to participate in social development and share the achievements in development.
Discriminating against, insulting, maltreating or abandoning the elderly shall be forbidden.
Article 4 Actively responding to the ageing of population is a long-term strategic task of the state.
The state and society shall take measures to improve various rules for the protection of the rights and interests of the elderly, and gradually better the conditions that guarantee the living, health and safety of the elderly and their participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and studies and enjoy themselves.
Article 5 The state shall establish a multi-level social security system to gradually increase the security level for the elderly.
The state shall establish and improve the social elderly care service system which is based on families and supported by communities and institutions.
The whole society shall be encouraged to provide preferential treatment for the elderly.
Article 6 The people's governments at all levels shall bring the undertakings related to the elderly into the national economic and social development plans, include the funds for the undertakings related to the elderly into financial budgets, establish a stable fund guarantee mechanism, and encourage all sectors of society to make investment in these undertakings, so that these undertakings and the economy and society can develop in a harmonious manner.
The State Council shall formulate national development plans for the undertakings related to the elderly. The local people's governments at the county level or above shall, in accordance with the national development plans for the undertakings related to the elderly, formulate development plans and annual plans for the undertakings related to the elderly within their respective administrative regions.
The institutions of the people's governments at the county level or above which are in charge of the ageing work shall be responsible for organizing, coordinating, directing and urging relevant departments so as to effectively protect the rights and interests of the elderly.
Article 7 It is the duty of the whole society to protect the lawful rights and interests of the elderly.
Sate organs, social groups, enterprises, public institutions and other organizations shall, in accordance with their own functions and responsibilities, effectively protect the rights and interests of the elderly.
Grassroots self-governing organizations and organizations of the elderly established in accordance with law shall reflect demands raised by the elderly, safeguard the lawful rights and interests of the elderly and serve the elderly.
Voluntary service for the elderly shall be advocated and encouraged.
Article 8 The state shall conduct education in the country's situation of ageing of the population, and enhance the awareness of the entire society to actively respond to the ageing of the population.
The publicity and education on respecting, providing for and helping the elderly shall be extensively carried out throughout the country to establish the social values under which the elderly are respected, cared for and helped.
The organizations of juveniles, schools and kindergartens shall carry out moral education on respecting, providing for and helping the elderly and education in the legal system on protecting the lawful rights and interests of the elderly among young people and children.
Radio programs, films, television programs, newspapers and periodicals, internet and so on shall serve the elderly by reflecting the life of the elderly and carrying out publicity on protecting the lawful rights and interests of the elderly.
Article 9 The state shall support the ageing scientific research, and establish a system for statistical survey and release of the situation of the elderly.
Article 10 The people's governments at all levels and relevant departments shall, in accordance with the relevant provisions of the state, commend or reward the organizations, families or individuals that have made outstanding achievements in protecting the lawful rights and interests of the elderly and respecting, providing for and helping the elderly, and the elderly who have made outstanding contributions in their participation in social development.
Article 11 The elderly shall observe disciplines and laws and fulfill the obligations prescribed by law.
Article 12 The ninth day of September in the lunar calendar each year shall be the Day of Older Persons.
Chapter II Maintenance and Support by Families
Article 13 The elderly shall be provided for mainly by their families, and their family members shall respect, care for and look after them.
Article 14 Supporters of the elderly shall fulfill the obligations of providing for the elderly economically, taking care of them in daily life and comforting them mentally, and attend to their special needs.
“Supporters” refer to the children of the elderly and other persons who are under the legal obligation to provide for the elderly.
The spouses of the supporters shall assist them in fulfilling their obligations to provide for the elderly.
Article 15 The supporters shall ensure that the elderly suffering from illness receive timely treatment and care, and shall pay medical expenses for the elderly in financial hardship.
For the elderly who can not take care of themselves, their supporters shall bear the responsibility of taking care of them; and if they can not take care of the elderly in person, they may, according to the will of the elderly, commission other individuals or institutions for the elderly to take care of the elderly.
Article 16 The supporters shall properly arrange for the housing of the elderly and shall not compel the elderly to live in or move to inferior houses.
The children or other relatives of the elderly shall not seize the houses owned or rented by the elderly and shall not, without permission of the elderly, change the property right or leasing relationship.
The supporters of the elderly shall have the duty to repair the houses owned by the elderly
Article 17 The supporters shall have the duty to farm or commission others to farm the land contracted by the elderly, take care of or commission others to take care of the trees, livestock and so on of the elderly and the earnings therefrom shall go to the elderly.
Article 18 Family members shall care for the mental needs of the elderly, and shall not ignore or cold-shoulder the elderly.
Family members living apart from the elderly shall frequently visit or greet the elderly.
Employers shall, in accordance with the relevant provisions of the state, ensure the rights of the supporters to have the family visit leave.
Article 19 The supporters shall not refuse to fulfill their obligations of providing for the elderly with the excuse that they will give up their right of inheritance or for any other reason.
Where the supporters do not fulfill their obligations of providing for the elderly, the elderly shall have the right to ask the supporters for payment of support and other rights.
The supporters shall not ask the elderly to do any work beyond their ability.
Article 20 The supporters of an elderly person may, with the consent of the elderly person, conclude an agreement among themselves on their duty to provide for the elderly person. The content of the agreement shall not violate the provisions of laws and the will of the elderly person.
A grassroots self-governing organization and organization of the elderly or the employer of the supporters shall supervise the fulfillment of the agreement.
Article 21 The freedom of marriage of the elderly shall be protected by law. Their children or other relatives shall not interfere in their divorce, remarriage and post-remarriage life.
The supporters shall not be relieved of the duty to provide for the elderly because of any change in the marriage of the elderly.
Article 22 The elderly shall be entitled to possess, use, obtain income from and dispose of their personal property, their children or other relatives shall not interfere in, and shall not infringe upon the property rights and interests of the elderly through stealing, cheating, extortion or any other means.
The elderly shall have the right to inherit the inheritance of their parents, spouses, children or other relatives according to law and the right to accept donations. Their children or other relatives may not occupy, seize, transfer, conceal or damage the property that should be inherited or accepted as donations by the elderly.
When the elderly dispose of property through wills, necessary shares shall be reserved for their elder spouses according to law.
Article 23 The elderly and their spouses shall have the duty to support each other.
Where those who were brought up by their elder brothers or sisters can bear the burden after they grow up, they shall have the duty to support their elder brothers or sisters should the latter do not have supporters when they are advanced in years.
Article 24 Where the supporters fail to perform their duties of providing for or supporting the elderly, the grassroots self-governing organizations, the organizations of the elderly or the employers of the supporters shall urge them to perform the duties.
Article 25 Domestic violence against the elderly shall be forbidden.
Article 26 The elderly who have full civil capacity may determine, through negotiation, their guardians among their close relatives or other individuals or organizations that have close relationships with them and are willing to bear the guardianship. The guardians shall bear the guardianship according to law when the elderly totally or partially lose their civil capacity.
Where the elderly do not determine their guardians in advance, when they totally or partially lose their civil capacity, the guardians shall be determined for them in accordance with the provisions of relevant laws.
Article 27 The state shall establish and improve the policies supporting family-based care for the elderly, and encourage family members to live together with or near the elderly, provide conditions for the elderly to move with their spouses or supporters and help the family members care for the elderly.
Chapter III Social Security
Article 28 The state shall guarantee the basic living of the elderly through the basic pension insurance system.
Article 29 The state shall guarantee the basic medical needs of the elderly through the basic medical insurance system. The individual premiums that should be paid by the elderly enjoying the minimum subsistence guarantee and the elderly in the qualified low-income families for participating in the new rural cooperative medical service and urban residents' basic medical insurance shall be subsidized by the governments.
When formulating medical insurance measures, the relevant departments shall give favorable consideration to the elderly.
Article 30 The state shall gradually carry out long-term nursing guarantee work to guarantee the nursing needs of the elderly.
For the elderly who can not take care of themselves for a long term and are in financial hardship, the local people's governments at all levels shall provide them with nursing subsidies according to their degree of disability.
Article 31 The state shall provide relief for the elderly in financial hardship with respect to basic living, medical treatment, residence and so on.
The local people's governments at all levels shall, in accordance with the relevant provisions, provide support or relief to the elderly who are unable to work, have no source of income or supporters or whose supporters are truly unable to provide for or support them.
The local people's governments at all levels shall, in accordance with the relevant provisions, provide relief to the elderly without sources of income such as those who are vagrants or beggars or are abandoned.
Article 32 When implementing the housing security systems such as low-rent housing and public rental housing or refurbishing dilapidated houses, the local people's governments at all levels shall give preferential consideration to the qualified elderly.
Article 33 The state shall establish and improve the welfare system for the elderly, and increase the social welfare for the elderly in accordance with the economic and social development level and the actual needs of the elderly.
The state shall encourage local governments to establish an advanced-age allowance system for the low-income elderly at or above the age of 80.
The state shall establish and improve the support system for the elderly in the families complying with the family planning policy.
Rural areas may take some of the collectively owned land, forests, bodies of water, shoals, and so on that are not contracted out as elderly care bases and the earnings therefrom shall be used for supporting the elderly.
Article 34 The pensions, medical treatment and other benefits the elderly enjoy according to law shall be guaranteed, and the relevant institutions must pay them in full amount on time, and shall not underpay, default on paying or misappropriate them.
The state shall, in accordance with the economic development, increase in the average wages of employees, rising prices and other circumstances, promptly raise the level of old-age security.
Article 35 The state shall encourage charity organizations and other organizations and individuals to provide material assistance for the elderly.
Article 36 The elderly may conclude a legacy-support agreement or other support agreements with collective economic organizations, grassroots self-governing organizations, institutions for the elderly and other organizations or individuals.
The organizations or individuals bearing the obligation of support shall, in accordance with the legacy-support agreements, assume the obligation of supporting the elderly when they are alive and burying them when they are dead, and enjoy the right to get the legacy.
Chapter IV Social Services
Article 37 The local people's governments at all levels and relevant departments shall take measures to develop urban and rural community-based elderly care services, encourage and provide support for professional service institutions and other organizations and individuals to provide the elderly living at home with various forms of services such as living care, emergency rescue, medical care, mental comfort, and psychological counseling.
The local people's governments at all levels shall gradually provide elderly care service subsidies for the elderly in financial hardship.
Article 38 The local people's governments at all levels, relevant departments, and grassroots self-governing organizations shall bring the elderly care service facilities into the construction plans for the urban and rural community supporting facilities, and establish service facilities and outlets of living services, cultural and sports activities, day care, disease care and rehabilitation that meet the needs of the elderly to provide nearby services for the elderly.
The tradition of mutual-aid among neighbors shall be promoted and neighbors of the elderly shall be encouraged to take care of and help the elderly in need.
Charity organizations and volunteers shall be encouraged to serve the elderly. The mutual-aid service among the elderly shall be advocated.
Article 39 The people's governments at all levels shall, in accordance with the level of economic development and the demands raised by the elderly for services, gradually increase the investment in the elderly care services.
The people's governments at all levels and relevant departments shall take measures in finance, taxes, land, financing and so on to encourage and provide support for enterprises, public institutions, social organizations or individuals to set up and operate facilities for elderly care, day care for the elderly and cultural and sports activities for the elderly.
Article 40 The local people's governments at all levels and relevant departments shall, in accordance with the proportion and distribution of the elderly population, bring the construction of elderly care service facilities into the urban and rural plans and overall land use plans, and make overall arrangements for the construction land for elderly care service facilities and the materials required.
The state-allocated land or land collectively owned by farmers may be used for the construction of public welfare elderly care service facilities.
The use of the land for the construction of elderly care service facilities shall not be changed unless under statutory procedures.
Article 41 The institutions for the elderly funded by governments shall give priority to guaranteeing the service needs of the elderly in financial hardship who are without company, disabled or advanced in years.
Article 42 The relevant departments of the State Council shall formulate standards for the construction of elderly care service facilities, elderly care service quality, occupations of elderly care service and so on, and establish and improve the rules for the classified management of institutions for the elderly and assessment of elderly care services.
The people's governments at all levels shall regulate the charging items and standards of elderly care services, and strengthen supervision and administration.
Article 43 To establish an institution for the elderly, the following conditions shall be met:
(1) The institution has its own name, domicile and bylaws;
(2) The institution has the funds appropriate for the content and scale of the services;
(3) The institution has the managers, professional and technical personnel and service personnel meeting the relevant qualification conditions;
(4) The institution has basic residential houses, facilities, equipment and activity spaces; and
(5) Other conditions as prescribed by laws and regulations.
Article 44 To form a public welfare elderly care institution, the applicant shall apply to the civil affairs department of the people's government at or above the county level for administrative licensing; and if the application is granted, the applicant shall undergo the corresponding registration procedure according to the law.
To form a for-profit elderly care institution, the applicant shall, after registration with the administrative department of industry and commerce, apply to the civil affairs department of the people's government at or above the county level for administrative licensing.
The civil affairs departments of the people's governments at the county level or above shall be responsible for the guidance to, supervision and administration of the institutions for the elderly, and other relevant departments shall, in accordance with the division of their functions and duties, supervise the institutions for the elderly.
Article 45 Where an institution for the elderly is modified or terminated, it shall make proper arrangements for the elderly admitted, and shall go through the formalities at the relevant departments in accordance with the relevant provisions. The relevant departments shall provide assistance for the institution for the elderly to make proper arrangements for the elderly.
Article 46 The state shall establish and improve the systems for the training, use, evaluation and incentive for the elderly care service talent, regulate the employment according to law, promote reasonable increase of remunerations for employees and develop an elderly care service team including full-time and part-time service personnel and volunteers.
The state shall encourage institutions of higher education, secondary vocational schools and vocational training institutions to set relevant specialties or training programs to train elderly care service professionals.
Article 47 An institution for the elderly shall conclude a service agreement with an elderly person receiving services or his or her agent, specifying the rights and obligations of both parties.
The institutions for the elderly and their staff shall not infringe upon the rights and interests of the elderly in any way.
Article 48 The state shall encourage the institutions for the elderly to purchase liability insurance and encourage insurance companies to underwrite liability insurance.
Article 49 The people's governments at all levels and relevant departments shall bring the medical and health services for the elderly into the urban and rural medical and health service plans, and include the health management, common disease prevention and so on concerning the elderly into the basic public health service projects of the state. It shall be encouraged to provide health care, nursing, hospice care and other services for the elderly.
The state shall encourage medical institutions to set up specialized or outpatient departments for geriatrics.
The medical and health institutions shall carry out health services and disease prevention and treatment for the elderly.
Article 50 The state shall take measures to strengthen the research in geriatrics and train more geriatricians, improve the level of prevention, treatment and scientific research of geriatric diseases, and promote the early detection, diagnosis and treatment of geriatric diseases.
The state and society shall take measures to carry out various forms of health education to popularize the knowledge about health care of the elderly and enhance the awareness of self health care of the elderly.
Article 51 The state shall take measures to develop the aging industry, and include the aging industry in the catalogue of industries supported by the state. Support and guidance shall be given to enterprises so as to develop, produce and operate the supplies meeting the needs of the elderly and to provide relevant services.
Chapter V Social Preferential Treatment
Article 52 The people's governments at the county level or above and relevant departments shall, in accordance with the economic and social development and special needs of the elderly, formulate measures for preferential treatment for the elderly and gradually increase the level of preferential treatment.
The people's governments shall give same preferential treatment to the elderly of other cities who are permanently residing in their administrative regions.
Article 53 The people's governments at all levels and relevant departments shall provide conditions for the elderly to receive pensions, settle medical expenses and enjoy other materials assistance in a timely and convenient manner.
Article 54 When the people's governments at all levels and relevant departments handle any major matter involving the rights and interests of the elderly such as modification of title of house, and transfer of registered permanent residence, they shall inquire whether it is the true will of the elderly regarding the matters, and give priority to the handling of the matters according to law.
Article 55 Where the elderly really have difficulty in paying the cost of lawsuits they bring against infringement upon their lawful rights and interests, they may delay the payment, pay a smaller amount or be exempted from the payment. If they need the assistance of lawyers but cannot afford to pay the lawyers' fees, they may get legal aid.
Law firms, notary offices, grassroots legal service offices and other legal service institutions shall be encouraged to provide free or preferential services for the elderly in financial hardship.
Article 56 Medical institutions shall provide convenience for the elderly to get medical treatment, and give priority to the elderly in receiving medical treatment. In qualified areas, hospital beds may be placed in the homes of the elderly patients, and doctors may go to their homes to provide medical treatment, nursing, rehabilitation, free medical checkup and other services.
Gratuitous treatment for elderly patients shall be advocated.
Article 57 The service industries closely related to the daily life of the elderly shall be encouraged to provide the elderly with preferential and favorable services.
Preferential treatment and consideration shall be provided to the elderly in urban public transport, roads, railways, waterways and air passenger transport.
Article 58 Museums, galleries, science and technology museums, memorial halls, public libraries, cultural centers, cinemas, theaters, stadiums, parks, tourist attractions and other places shall be opened to the elderly for free or on a preferential basis.
Article 59 The rural elderly may not assume the obligations of providing labor for establishing public welfare undertakings.
Chapter VI Livable Environment
Article 60 The state shall take measures to promote the construction of livable environment, and provide a safe, convenient and comfortable environment for the elderly.
Article 61 When formulating urban and rural plans, the people's governments at all levels shall, in accordance with the development trends of the ageing of population, distribution of the elderly population, and characteristics of the elderly, take into all-round consideration the construction of public infrastructures, living service facilities, medical and health facilities, and cultural and sports facilities appropriate for the elderly.
Article 62 The state shall formulate and improve the construction standard system for the projects involving the elderly, and strengthen the implementation and supervision of the relevant standards in planning, design, construction, supervision, acceptance check, operation, maintenance, management and other aspects.
Article 63 The state shall formulate construction standards for the projects of barrier-free facilities. The national constructions standards for the projects of barrier-free facilities shall be complied with in the new construction, reconstruction and expansion of roads, public transport facilities, buildings, residential areas and so on.
The people's governments at all levels and relevant departments shall, in accordance with the national construction standards for the projects of barrier-free facilities, give priority to promoting the refurbishing of the public service facilities closely related to the daily life of the elderly.
The owners and managers of the barrier-free facilities shall ensure the normal use of the barrier-free facilities.
Article 64 The state shall promote the construction of livable communities for the elderly, direct and support the development of livable housing for the elderly, promote and support the refurbishing of the household barrier-free facilities for the elderly and create a barrier-free living environment for the elderly.
Chapter VII Participation in Social Development
Article 65 The state and society shall attach importance to and cherish the knowledge, skills, experience and fine moral characters of the elderly, give play to their special skills and roles, and ensure the participation of the elderly in economic, political, cultural and social life.
Article 66 The elderly may carry out the activities good for their physical and mental health through the organizations of the elderly.
Article 67 Where major issues of the rights and interests of the elderly are involved in the formulation of laws, regulations, rules and public policies, the opinions of the elderly and the organizations of the elderly shall be heard.
The elderly and the organizations of the elderly shall be entitled to put forward opinions and suggestions with respect to protection of the rights and interests of the elderly, development of the aging undertakings and so on to the state authorities.
Article 68 The state shall create conditions for the elderly to participate in social development. If society so needs and if conditions are permit, the elderly shall be encouraged to engage in the following activities on a voluntary basis and according to their capacity:
(1) to educate young people and children in socialism, patriotism, collectivism, hard work and other fine traditions;
(2) to pass on their cultural, scientific and technological knowledge;
(3) to provide consultancy service;
(4) to take part in the development and application of science and technology according to law;
(5) to engage in business and production according to law;
(6) to participate in volunteer services and establish public welfare undertakings;
(7) to take part in maintaining public order and help mediate disputes among people; and
(8) to participate in other social activities.
Article 69 The lawful earnings of the elderly from their work shall be protected by law.
No entity and individual may have the elderly engage in work damaging their physical and mental health or dangerous operations.
Article 70 The elderly shall have the right to receive continued education.
The state shall develop education for the elderly, include the elderly education into a system of lifelong education and encourage the society to run well various types of schools for the elderly.
The people's governments at all levels shall strengthen leadership in education for the elderly, make unified plans and increase investment.
Article 71 The state and society shall take measures to carry out cultural, sports and recreational activities of a mass character that are suitable for the elderly so as to enrich the spiritual and cultural life of the elderly.
Chapter VIII Legal Liability
Article 72 When the lawful rights and interests of an elderly person are infringed upon, the elderly person or his or her agent shall have the right to refer the matter to the relevant department or bring a lawsuit to the people's court according to law.
The people's courts and the relevant departments shall, in a timely manner, accept and handle the complaints, charges against or reports on the infringement upon the lawful rights and interests of the elderly according to law, and shall not shuffle their responsibilities to others, or work in a delayed manner.
Article 73 Any department or organization that does not perform its duties to protect the lawful rights and interests of the elderly shall be educated through criticism by the competent department at the higher level and be ordered to make corrections.
Where any state functionary neglects his or her duties in violation of law, resulting in damage to the lawful rights and interests of the elderly, the entity where he or she is employed or the organ at the higher level shall order him or her to make corrections or shall impose a disciplinary action on him or her according to law; and if the case constitutes a crime, he or she shall be subject to criminal liability according to law.
Article 74 Where an elderly person has disputes with his or her family members over support, or over housing, property and so on, he or she may ask a people's mediation committee or any other relevant organization to mediate, or may bring a lawsuit directly to the people's court.
When the people's mediation committee or any other relevant organization mediates the disputes as mentioned in the preceding paragraph, it shall resolve conflicts and disputes through persuasion, counseling and other means; and shall educate through criticism the family members in fault.
If an elderly person applies to the people's court for claiming payments from his or her children or spouses, the people's court may make a ruling of advance enforcement according to law.
Article 75 Whoever interferes with the freedom of marriage of an elderly person, refuses to provide for or support an elderly person whom he or she has the duty to provide for or support, maltreats an elderly person or commits domestic violence against an elderly person shall be educated by the relevant entity through criticism; and if the case constitutes a violation of public security administration, he or she shall be subject to a public security administrative punishment according to law; and if the case constitutes a crime, he or she shall be subject to criminal liability according to law.
Article 76 Where any family member of an elderly person steals, defrauds of, seizes, occupies, extorts or deliberately damages the property of the elderly person, and the case constitutes a violation of the public security administration, he or she shall be given a public security administrative punishment according to law; and if the case constitutes a crime, he or she shall be subject to criminal liability according to law.
Article 77 Where anyone insults or slanders an elderly person, and the case constitutes a violation of the public security administration, he or she shall be given a public security administrative punishment according to law; and if the case constitutes a crime, he or she shall be subject to criminal liability according to law.
Article 78 Whoever establishes an institution for the elderly without approval shall be ordered to make corrections by the civil affairs department of the people's government at the county level or above; if the conditions for institutions for the elderly as prescribed by laws and regulations are met, the relevant formalities shall be made up according to law; and if the statutory conditions can not be met within a prescribed time limit, the relevant party shall be ordered to close down the institution and make proper arrangements for the admitted elderly; and if any damage is caused, the relevant party shall bear civil liability according to law.
Article 79 Where an institution for the elderly and its staff infringe upon the personal and property rights and interests of the elderly or fail to provide services in accordance with the agreement, they shall bear civil liability according to law; and the relevant competent authority shall impose administrative punishments on them according to law; and if the case constitutes a crime, they shall be subject to criminal liability according to law.
Article 80 Where a department responsible for the administration and supervision of the institutions for the elderly and its staff abuse their power, neglect their duties, practice favoritism or make falsification, the directly responsible person in charge and other directly liable persons shall be given disciplinary actions in accordance with law; and if the case constitutes a crime, they shall be subject to criminal liability according to law.
Article 81 Those failing to fulfill the obligations of providing preferential treatment for the elderly in accordance with the relevant provisions shall be ordered to make corrections by the relevant competent authorities.
Article 82 Where any project involving the elderly does not meet the standards as prescribed by the state or the owner or manager of the barrier-free facilities fails to fulfill the duties of maintenance and management, the relevant competent authority shall order corrections; if any damage is caused, the relevant party shall bear civil liability according to law; the relevant entity or individual shall be given an administrative punishment according to law; and if the case constitutes a crime, the relevant party shall be subject to criminal liability.
Chapter IX Supplementary Provisions
Article 83 The people's congresses of ethnical autonomous areas may, in accordance with the principles of this Law, in light of the special circumstances of the ethnic customs and habits and in pursuance of legal procedures, formulate flexible or supplementary provisions.
Article 84 The institutions for the elderly which are established before the day when this Law comes into force and do not meet the conditions as prescribed by this Law shall make rectifications within a prescribed time limit. The specific measures shall be formulated by the civil affairs department of the State Council.
Article 85 This Law shall come into force on July 1, 2013.