The social relief fund for road traffic accidents as mentioned in these Measures (hereinafter referred to as the relief fund) refers to the social special fund raised according to law to advance the funeral expenses of the victims of motor vehicle road traffic accidents and part or all of the rescue expenses. Article 3 The principle of unified policy, local fund-raising, hierarchical management and division of responsibilities shall be applied to relief funds.
Relief fund management should adhere to the principles of helping the needy, openness and transparency, convenience and efficiency, and ensure the safe, efficient and sustainable operation of relief funds. Article 4 The people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning (hereinafter referred to as provincial people's governments) shall set up relief funds.
The competent department of provincial relief funds shall, jointly with relevant departments, report to the provincial people's government to determine the establishment and management level of relief funds below the provincial level, promote the integration of relief funds below the provincial level, and gradually realize provincial overall planning. Article 5 The financial department is the competent department of the relief fund.
The Ministry of Finance is responsible for formulating policies related to the rescue fund in conjunction with relevant departments, and guiding the collection, use and management of provincial rescue funds.
The local financial departments at or above the county level shall, according to the establishment of the relief fund, supervise and inspect the collection, use and management of the relief fund in accordance with the law, determine the management organization of the relief fund in accordance with the provisions, and assess its management. Article 6 The dispatched offices of the State Council insurance supervision and administration institutions shall be responsible for supervising and inspecting the payment of rescue funds by insurance companies.
The traffic administrative department of the local public security organ at or above the county level is responsible for notifying the relief fund management institution to pay the rescue expenses of the victims of road traffic accidents, and assisting the relief fund management institution to recover the expenses paid by the relevant relief funds.
The local agricultural mechanization departments at or above the county level shall be responsible for assisting the relief fund management institutions to recover the advance expenses of relevant relief funds.
The local health authorities at or above the county level are responsible for supervising medical institutions to timely rescue road traffic accident victims in accordance with the relevant guidelines and norms for clinical diagnosis and treatment of road traffic accident victims, and apply for rescue funds to advance the rescue expenses according to law. Article 7 The financial departments at or above the county level, the traffic administrative departments of public security organs, the health administrative departments, the agricultural mechanization administrative departments, the insurance supervision and administration institutions and their dispatched offices in the State Council shall strengthen the publicity and tips on the relevant policies of the relief fund through various channels, so as to facilitate the victims of road traffic accidents and their relatives to apply for the use of the relief fund. Article 8 The competent department of the relief fund may determine the management institution of the relief fund according to law through government procurement.
Insurance companies or other professional institutions that can independently bear civil liability can be used as the rescue fund management institutions, specifically responsible for the operation and management of the rescue fund. Chapter II Raising of Relief Funds Article 9 The sources of relief funds include:
(a) according to a certain proportion of motor vehicle traffic accident liability compulsory insurance (hereinafter referred to as compulsory insurance);
(two) fines for motor vehicle owners and managers who fail to apply for compulsory insurance according to regulations;
(three) the funds recovered from the person responsible for the motor vehicle road traffic accident according to law;
(four) the fruits of the relief fund;
(5) Temporary financial subsidies arranged by local governments according to regulations;
(6) social donations;
(7) Other funds. Article 10 Before May of each year, the Ministry of Finance, together with the the State Council Insurance Regulatory Authority, shall, according to the income and expenditure of the relief fund in the previous year and the principle of balance of income and expenditure, reasonably determine the proportion of the relief fund drawn from the compulsory insurance premium of that year. The people's government at the provincial level shall determine the specific extraction ratio of the local area within the range of magnitude.
At the provincial level, if the accumulated balance of the relief fund reaches more than 3 times of the expenditure of the previous year, the payment of compulsory insurance premiums for this year will be suspended. Article 11 An insurance company handling the compulsory insurance business shall withdraw funds from the compulsory insurance premium according to a certain proportion, and transfer them in full into the provincial relief fund account by bank transfer within 10 working days after the end of each quarter. Twelfth local financial departments at or above the county level shall, according to the current budget, transfer the fines for failing to participate in compulsory insurance to the provincial relief fund account within 10 working days after the end of each quarter. Thirteenth local financial departments at or above the county level shall arrange temporary subsidies for the relief fund, and shall timely allocate them in accordance with the provisions of the Budget Law of the People's Republic of China and other budget management laws and regulations. Chapter III Use of Relief Fund Article 14 Under any of the following circumstances, the relief fund shall advance the funeral expenses and part or all of the rescue expenses of the victims of road traffic accidents:
(a) the cost of rescue exceeds the limit of compulsory insurance liability;
(two) the motor vehicle did not participate in compulsory insurance;
(3) A motor vehicle escapes after an accident.
Generally, the rescue fund shall advance the rescue expenses of the victim within 7 days from the date of receiving the rescue. Under special circumstances, if the rescue expenses exceed 7 days, the medical institution shall explain the reasons in writing. The specific expenses shall be accounted for in accordance with the prescribed charging standards.