· Document Number：Order No. 675 of the State Council

· Area of Law： Civil Law

· Level of Authority： Administrative Regulations

· Date issued：02-07-2017

· Effective Date：07-01-2017

· Issuing Authority： State Council

· Status： Effective

Order of the State Council
(No. 675)
The Regulations on Disability Prevention and Recovery of the Disabled, as adopted at the 161st executive meeting of the State Council on January 11, 2017, is hereby issued and shall come into force on July 1, 2017.
Premier: Li Keqiang
February 7, 2017
Regulations on Disability Prevention and Recovery of the Disabled
Chapter I General Provisions
Article 1 For the purposes of preventing the occurrence of disability and reducing the degree of disability, helping with the recovery of the disabled or compensation functions, urging the disabled to equally and sufficiently participate in social life, and developing the cause of disability prevention and recovery of the disabled, these Regulations are developed in accordance with the Law of the People's Republic of China on the Protection of the Disabled.
Article 2 For the purposes of these Regulations, disability prevention means taking effective measures against various factors of causing disability, to avoid loss or abnormality of a certain organization and function in an individual's psychology, physical and body structure, and prevent the loss of capacity for normally participating in social activities, in whole or in part.
For the purposes of these Regulations, recovery of the disabled means comprehensively using medical, educational, occupational, social, psychological and auxiliary equipment and taking other measures to assist the disabled in recovering and compensating for the functions, reducing dysfunction, and enhancing the capacity of self-care and social participation after the occurrence of disability.
Article 3 The work of disability prevention and recovery of the disabled shall be completed under the people-oriented principle, by starting from the reality, and under the guideline of focusing on prevention and combining prevention and recovery.
The state shall take measures to provide basic recovery services for the disabled, to support and assist them in integrating into the society. Disability-based discrimination shall be prohibited.
Article 4 The people's governments at or above the county level shall lead the work of disability prevention and recovery of the disabled, incorporate the work of disability prevention and recovery of the disabled into the plan for national economy and social development, improve the service and guarantee system for disability prevention and recovery of the disabled, establish a working mechanism featured by government-leading, departmental collaboration and social participation, implement the job responsibility system, and assess and supervise the work of disability prevention and recovery of the disabled assumed by relevant departments. People's governments of villages and towns and subdistrict offices shall, in light of the local reality, organize and carry out the work of disability prevention and recovery of the disabled.
As the organs responsible for the work of the disabled, the people's governments at or above the county level shall be responsible for organizing the implementation and supervision of the work of disability prevention and recovery of the disabled. The relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions, effectively complete relevant work of disability prevention and recovery of the disabled.
Article 5 The China Disabled Persons' Federation and its local organizations shall, under the laws, regulations, and bylaws or upon commission by the government, carry out the work of disability prevention and recovery of the disabled.
Labor unions, the Communist Youth League, women's unions, red cross societies, and other organizations shall legally complete the work of disability prevention and recovery of the disabled.
Article 6 The state organs, social organizations, enterprises and public institutions and self-governing organizations of a mass character at grass-roots level in urban and rural areas shall effectively complete the work of disability prevention and recovery of the disabled within their jurisdictions. Personnel engaging in the work of disability prevention and recovery of the disabled shall legally perform the obligations.
Article 7 All sectors of society shall concern, support and participate in the cause of disability prevention and recovery of the disabled.
The news media shall actively carry out public welfare publicity for disability prevention and rehabilitation of the disabled.
The state shall encourage and support organizations and individuals to provide services of disability prevention and recovery of the disabled, make donation to the cause of disability prevention and recovery of the disabled, and establish relevant public welfare facilities.
Article 8 The state shall encourage the scientific research and application of disability prevention and recovery of the disabled and enhance the level of science and technology for the disability prevention and recovery of the disabled.
The state shall encourage the international exchanges and cooperation in the area of disability prevention and recovery of the disabled.
Article 9 Organizations and individuals that have made significant achievements in the work of disability prevention and recovery of the disabled shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II Disability Prevention
Article 10 The work of disability prevention shall cover the whole population and the whole life cycle, be based on community and family, and be completed by insisting on the combination of universal prevention and major prevention and control.
Article 11 The people's governments at or above the county level shall organize relevant departments, the disabled persons' federations, and other organizations to carry out the following work of disability prevention:
(1) They shall implement disability monitoring, investigate the status of disability on a regular basis, analyze the causes of disability, and implement dynamic monitoring of the genetic, disease, drug, accident and other major factors causing disability.
(2) They shall develop and implement the work plan for disability prevention, implement major prevention for major factors causing disability, and give priority to the intervention in the areas, people groups, industries and entities with high risk of causing disability.
(3) They shall effectively complete the work of disability prevention publicity and education and popularize the knowledge of disability prevention.
Article 12 When conducting health care before pregnancy and during the pregnant and perinatal period, prenatal screening, prenatal diagnosis and screening of neonatal diseases, and prevention and control of infectious diseases, endemic diseases, chronic diseases, and psychiatric disorders, among others, offering guidance for mental health, and completing other work, the work of disability prevention shall be effectively completed, measures shall be taken to eliminate or reduce the risks of causing disability against the genetic, disease, drugs and other factors causing disability, and intervention in clinical recovery at the early stage, to reduce the occurrence of disability.
Departments of public security, work safety supervision and management, food and drugs supervision and management, environmental protection, and disaster prevention, mitigation and relief, among others, shall, when carrying out the work of traffic safety, production safety, food and drug safety, environmental protection, and disaster prevention, mitigation and relief, among others, take corresponding measures against the accidents, environmental pollution, disaster and other factors causing disability, to reduce the occurrence of disability.
Article 13 The National Health and Family Planning Commission, the Ministry of Education, the Ministry of Civil Affairs and other relevant departments under the State Council and the China Disabled Persons' Federation shall, when performing the functions, collect and summarize the information of the disabled, to realize information sharing.
Article 14 Medical and health institutions that undertake the screening and diagnosis of neonatal diseases and disability of minors shall, under the provisions, report the information on minors that are disabled and have disabling diseases to the competent departments of health and family planning under the people's governments of the counties where they are located. The competent departments of health and family planning that have received reports shall, under the provisions, share the relevant information with the disabled persons' federation in a timely manner and jointly organize and carry out intervention at the early stage.
Article 15 Employers with high risks of causing disability shall provide training on the relevant knowledge of disability prevention for employees, inform of the risks of causing disability that exist in the workplaces and posts, take protective and preventative measures, and provide protective and preventative facilities and supplies.
Article 16 The state shall encourage citizens to learn the knowledge and skills of disability prevention and to raise the awareness and capacity for self-protection.
Guardians of minors shall ensure that minors accept the free screening of diseases and disability provided by governments and strive to make minors with birth defects or disabling diseases receive treatment and recovery services in a timely manner. Minors, guardians of senior citizens or family members shall enhance the awareness of disability prevention and take targeted disability prevention measures.
Chapter III Recovery Services
Article 17 People's governments at or above the county level shall organize the health and family planning, education, civil affairs and other departments and the disabled persons' federations to integrate the institutions (hereinafter referred to as the “recovery institutions”), facilities, personnel and other resources providing services of recovery of the disabled, conduct rational distribution, and establish and improve the service system for the recovery of the disabled that has community recovery as the basis, has recovery institutions as the backbone, rely on the families with the disabled, and has practical, feasible and widely beneficial recovery contents as the focus, to provide comprehensive recovery services for the disabled.
People's governments at or above the county level shall give priority to carry out the work of recovery of disabled children and combine recovery and education.
Article 18 People's governments at or above the county level shall, according to the number of the disabled in the administrative regions, distribution status, recovery needs and other information, develop setting plans for the recovery institutions, form public welfare recovery institutions, and incorporate the setting of recovery institutions into the plan for the basic public system.
People's governments at or above the county level shall support the social forces to invest in the construction of recovery institutions and encourage the formation of recovery institutions by various forms.
Recovery institutions formed by social forces and recovery institutions formed by governments shall be governed by the same policies on financial and tax subsidy, government purchase services and other respects concerning access, practice, assessment of titles of professional and technical personnel and non-profit organizations.
Article 19 A recovery institution shall have a service place satisfying the requirements for the construction of the barrier-free environment and the professional technical personnel, facilities and equipment, and other conditions suitable for the recovery services provided, and establish a sound recovery service management system.
A recovery institution shall, under the provisions of relevant laws, regulations, standards and specifications, provide safe and effective recovery services for the disabled. A recovery institution shall be encouraged to provide recovery business guidance and technical support for the communities, schools and families in the place where it is located.
The construction standards, service specifications and management methods of recovery institutions shall be developed by the relevant department under the State Council, upon consultation with the China Disabled Persons' Federation.
The relevant departments of the people's governments at or above the county level shall, according to their own functions, strengthen the supervision and administration of the recovery institutions. The Disabled Persons' Federation shall summarize and issue information on recovery institutions in a timely manner and facilitate the acceptance of recovery services by the disabled. All relevant departments shall grant support thereto. The Disabled Persons' Federation shall accept the commission of the government to supervise the recovery institutions and their service quality.
Article 20 The people's governments at all levels shall incorporate the community recovery of the disabled into the public service system for the communities.
The relevant departments of the people's governments at or above the county level and the Disabled Persons' Federation shall utilize the community resources, set up recovery places according to the number, type, recovery needs, and other items of the disabled in the communities, or entrust social organizations through government purchase of services to organize and offer recovery guidance, routine life ability training, recovery care, auxiliary equipment configuration, information consultation, knowledge popularization and referral and other community recovery work.
Self-governing organizations of a mass character at grass-roots level in urban and rural areas shall encourage and support the disabled and their family members to participate in community recovery activities and integrate into the community life.
Article 21 Services for the recovery of the disabled shall be provided, assessment shall be conducted according to the health, routine activities, social participation and other needs of the disabled, personalized recovery plans shall be developed according to the assessment results, and the recovery plans shall be adjusted and optimized according to the information on the implementation.
Services for the recovery of the disabled shall be provided, privacy of the disabled shall be protected, and the disabled shall not be discriminated or insulted.
Article 22 Personnel providing services for the recovery of the disabled shall have the humanitarian spirit, abide by professional ethics, learn and understand the necessary professional knowledge and skills, and be able to proficiently utilize them; and where corresponding qualifications are required to be obtained under the provisions of relevant laws and administrative regulations, they shall obtain corresponding qualifications according to the law.
Article 23 Recovery institutions shall provide training on post for their staff members, organize the study of professional knowledge and skills on recovery, and enhance the business level and service capacity.
Article 24 The people's governments at all levels, the relevant departments of the people's governments at or above the county level, the Disabled Persons' Federation, recovery institutions and other organizations shall provide convenient conditions for the study and understanding of recovery knowledge and capacity by the disabled and their family members, and direct the disabled to actively participate in recovery activities. The family members of the disabled shall grant support and assistance thereto.
Chapter IV Guarantee Measures
Article 25 People's governments at all levels shall, under the relevant provisions of social insurance, incorporate the disabled into the scope of basic medical insurance and pay the medical recovery expenses incorporated into the scope of basic medical insurance payment; and shall, under the relevant provisions of medical rescue, grant subsidies to the disabled with family economic difficulties for participation in medical insurance and provide medical rescue to those who still have difficulties after the payment of medical expenses with the basic medical insurance, critical illness insurance and other supplementary medical insurance.
Article 26 The state shall develop the rules on rescue for the recovery of disabled children, and gradually realize that children with vision, hearing, speech, physical and intellectual disability and autistic children at the age of 0 to 6 obtain free surgery, auxiliary equipment, recovery training and other services; improve the nursing subsidy system for the severely disabled; and provide basic recovery services for poverty-stricken disabled persons in urban and rural areas and the severely disabled through implementing major recovery projects and provide subsidies for basic auxiliary equipment under the relevant provisions of the state. The specific measures shall be developed by the relevant departments under the State Council, through consultation with the China Disabled Persons' Federation, according to the economic and social development level, recovery needs of the disabled and other information.
The state shall raise funds for the recovery of the disabled through multiple channels and encourage and direct social forces to assist the disabled in accepting recovery services through charitable donations and other ways. The employment injury insurance funds, employment security funds for the disabled and other funds shall be used for the recovery of the disabled under the relevant provisions of the state.
Regions with good conditions shall, in light of the actual local circumstances, enhance the security standards, expand the security scope and implement the security measures for the recovery of the disabled higher than the level prescribed by the state.
Article 27 People's governments at all levels shall, according to the needs of the work of disability prevention and recovery of the disabled, include the expenses for the work of disability prevention and recovery of the disabled in the budget of the governments at the corresponding level.
Institutions providing services for disability prevention and recovery of the disabled shall enjoy relevant preferential tax policies according to the law. Relevant departments of the people's governments at or above the county level shall grant support to relevant institutions in funds, facilities and equipment, land use and other respects.
Article 28 The state shall strengthen the training of professional talents of disability prevention and recovery of the disabled; and encourage and support institutions of higher education and vocational schools to set up relevant majors of disability prevention and recovery of the disabled or set up relevant courses, and train professional and technical personnel.
Health and family planning, education, and other relevant departments of the people's governments at or above the county level shall incorporate the knowledge and skills on disability prevention and recovery of the disabled into the continuing education of technicians of health and family planning, education and other relevant majors.
Article 29 The human resources and social security department under the State Council shall, in conjunction with the relevant department under the State Council and the China Disabled Persons' Federation, improve the assessment system for the professional competence level of professional technicians of disability prevention and recovery of the disabled.
Article 30 People's governments at or above the provincial level and their relevant departments shall actively support the research and development, promotion and application of auxiliary instrument.
The research and development, and production entities of auxiliary instrument shall enjoy the relevant preferential tax policies according to the law.
Article 31 The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall, under the relevant provisions of the state, guarantee the treatment for the staff members of disability prevention and recovery of the disabled. The human resources and social security departments and other departments of the people's governments at or above the county level shall provide preference in training, further study, commendation, reward and other respects for staff members of disability prevention and recovery of the disabled.
Chapter V Legal Liability
Article 32 The local people's governments at or above the county level and the relevant departments of the people's governments at or above the county level shall, under the provisions of these Regulations, perform the functions of the work of disability prevention and recovery of the disabled, or give disciplinary actions to responsible leaders and directly responsible persons according to the law, where anyone abuses powers, neglects duties, practices favoritism or makes falsification.
Where the disabled persons' federations at all levels have the circumstances in violation of the provisions of these Regulations, the responsible leaders and directly responsible persons shall be given disciplinary actions according to the law.
Article 33 Medical and health institutions, recovery institutions and their staff members that fail to carry out the work of disability prevention and recovery of the disabled under the provisions of these Regulations shall be ordered to make correction and be given warnings by relevant competent departments according to their respective functions; and where the circumstances are serious, they shall be ordered to suspend relevant practice activities and give disciplinary actions to responsible leaders and directly responsible persons according to the law.
Article 34 Employers with high risks of causing disability that fail to perform the obligations of disability prevention as prescribed in Article 15 of these Regulations and violate the provisions of the laws and administrative regulations on work safety, prevention and control of occupational diseases, and other items shall be given penalties under relevant laws and administrative regulations; where there are no provisions of the relevant laws and administrative regulations, the employers shall be ordered to make correction and be given warnings by the relevant competent departments according to their respective assignment of responsibilities; and employers that reject to make correction shall be ordered to suspend production or operation for rectification. Employers shall legally assume the treatment, guarantee and other obligations.
Article 35 Where a crime is constituted in violation of the provisions of these Regulations, the responsible party shall be held criminally liable in accordance with the law; and where personal and property losses are caused, the responsible party shall assume the liability for compensation according to the law.
Chapter VI Supplementary Provisions
Article 36 These Regulations shall come into force on July 1, 2017.