(2017年2月7日中华人民共和国国务院令第675号公布 根据2018年9月18日《国务院关于修改部分行政法规的决定》修正)
(Promulgated by Decree No. 675 of the State Council of the People's Republic of China on February 7, 2017, and amended in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on September 18, 2018)
总则
General Provisions
为了预防残疾的发生、减轻残疾程度,帮助残疾人恢复或者补偿功能,促进残疾人平等、充分地参与社会生活,发展残疾预防和残疾人康复事业,根据《中华人民共和国残疾人保障法》,制定本条例。
These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Persons with Disabilities for the purposes of preventing the occurrence of disabilities, reducing the degree of disability, helping persons with disabilities to recover or compensate for functions, promoting their equal and full participation in social life, and developing the undertakings of disability prevention and rehabilitation of persons with disabilities.
本条例所称残疾预防,是指针对各种致残因素,采取有效措施,避免个人心理、生理、人体结构上某种组织、功能的丧失或者异常,防止全部或者部分丧失正常参与社会活动的能力。
For the purposes of these Regulations, disability prevention refers to taking effective measures against various factors causing disabilities to avoid the loss or abnormality of certain tissues or functions in an individual's psychology, physiology, or human structure, and to prevent the total or partial loss of the ability to normally participate in social activities.
本条例所称残疾人康复,是指在残疾发生后综合运用医学、教育、职业、社会、心理和辅助器具等措施,帮助残疾人恢复或者补偿功能,减轻功能障碍,增强生活自理和社会参与能力。
For the purposes of these Regulations, rehabilitation of persons with disabilities refers to the comprehensive application of medical, educational, vocational, social, psychological, and assistive device measures after the occurrence of a disability to help persons with disabilities recover or compensate for functions, reduce functional impairments, and enhance self-care and social participation abilities.
残疾预防和残疾人康复工作应当坚持以人为本,从实际出发,实行预防为主、预防与康复相结合的方针。
Work on disability prevention and rehabilitation of persons with disabilities shall adhere to a people-oriented approach, proceed from actual conditions, and implement the policy of prevention first and combining prevention with rehabilitation.
国家采取措施为残疾人提供基本康复服务,支持和帮助其融入社会。禁止基于残疾的歧视。
The State takes measures to provide basic rehabilitation services for persons with disabilities, supports and helps them integrate into society. Discrimination based on disability is prohibited.
县级以上人民政府领导残疾预防和残疾人康复工作,将残疾预防和残疾人康复工作纳入国民经济和社会发展规划,完善残疾预防和残疾人康复服务和保障体系,建立政府主导、部门协作、社会参与的工作机制,实行工作责任制,对有关部门承担的残疾预防和残疾人康复工作进行考核和监督。乡镇人民政府和街道办事处根据本地区的实际情况,组织开展残疾预防和残疾人康复工作。
People's governments at or above the county level shall lead the work on disability prevention and rehabilitation of persons with disabilities, incorporate such work into national economic and social development plans, improve the service and guarantee systems for disability prevention and rehabilitation, establish a working mechanism featuring government leadership, departmental collaboration, and social participation, implement a work responsibility system, and conduct assessment and supervision over the disability prevention and rehabilitation work undertaken by relevant departments. Township people's governments and sub-district offices shall, based on the actual conditions of their respective regions, organize and carry out disability prevention and rehabilitation work.
县级以上人民政府负责残疾人工作的机构,负责残疾预防和残疾人康复工作的组织实施与监督。县级以上人民政府有关部门在各自的职责范围内做好残疾预防和残疾人康复有关工作。
The agencies responsible for work related to persons with disabilities under people's governments at or above the county level shall be responsible for the organization, implementation, and supervision of disability prevention and rehabilitation work. Relevant departments under people's governments at or above the county level shall perform their duties related to disability prevention and rehabilitation within their respective responsibilities.
中国残疾人联合会及其地方组织依照法律、法规、章程或者接受政府委托,开展残疾预防和残疾人康复工作。
The China Disabled Persons' Federation and its local organizations shall, in accordance with laws, regulations, and their constitutions, or upon entrustment by the government, carry out disability prevention and rehabilitation work.
工会、共产主义青年团、妇女联合会、红十字会等依法做好残疾预防和残疾人康复工作。
Trade unions, the Communist Youth League, women's federations, the Red Cross Society, and other organizations shall, in accordance with the law, properly carry out disability prevention and rehabilitation work.
国家机关、社会组织、企业事业单位和城乡基层群众性自治组织应当做好所属范围内的残疾预防和残疾人康复工作。从事残疾预防和残疾人康复工作的人员应当依法履行职责。
State organs, social organizations, enterprises, institutions, and urban and rural grassroots self-governing mass organizations shall properly carry out disability prevention and rehabilitation work within their respective scopes. Personnel engaged in disability prevention and rehabilitation work shall perform their duties in accordance with the law.
社会各界应当关心、支持和参与残疾预防和残疾人康复事业。
All sectors of society shall care about, support, and participate in the undertakings of disability prevention and rehabilitation of persons with disabilities.
新闻媒体应当积极开展残疾预防和残疾人康复的公益宣传。
News media shall actively conduct public interest publicity on disability prevention and rehabilitation of persons with disabilities.
国家鼓励和支持组织、个人提供残疾预防和残疾人康复服务,捐助残疾预防和残疾人康复事业,兴建相关公益设施。
The State encourages and supports organizations and individuals to provide disability prevention and rehabilitation services, donate to the undertakings of disability prevention and rehabilitation, and construct relevant public welfare facilities.
国家鼓励开展残疾预防和残疾人康复的科学研究和应用,提高残疾预防和残疾人康复的科学技术水平。
The State encourages scientific research and application in disability prevention and rehabilitation to improve the scientific and technological level of disability prevention and rehabilitation.
国家鼓励开展残疾预防和残疾人康复领域的国际交流与合作。
The State encourages international exchanges and cooperation in the field of disability prevention and rehabilitation.
对在残疾预防和残疾人康复工作中作出显著成绩的组织和个人,按照国家有关规定给予表彰、奖励。
Organizations and individuals that have made outstanding achievements in disability prevention and rehabilitation work shall be commended and rewarded in accordance with relevant State regulations.
残疾预防
Disability Prevention
残疾预防工作应当覆盖全人群和全生命周期,以社区和家庭为基础,坚持普遍预防和重点防控相结合。
Disability prevention work shall cover the entire population and the whole life cycle, be based on communities and families, and adhere to the combination of universal prevention and targeted prevention.
县级以上人民政府组织有关部门、残疾人联合会等开展下列残疾预防工作:
People's governments at or above the county level shall organize relevant departments, the Disabled Persons' Federation, and others to carry out the following disability prevention work:
(一)实施残疾监测,定期调查残疾状况,分析致残原因,对遗传、疾病、药物、事故等主要致残因素实施动态监测;
(1) Implement disability monitoring, regularly investigate disability status, analyze causes of disability, and conduct dynamic monitoring of major disability-causing factors such as genetics, diseases, drugs, and accidents;
(二)制定并实施残疾预防工作计划,针对主要致残因素实施重点预防,对致残风险较高的地区、人群、行业、单位实施优先干预;
(2) Formulate and implement disability prevention work plans, implement targeted prevention for major disability-causing factors, and carry out priority interventions for regions, populations, industries, and units with higher risks of disability;
(三)做好残疾预防宣传教育工作,普及残疾预防知识。
(3) Conduct disability prevention publicity and education, and popularize disability prevention knowledge.
卫生主管部门在开展孕前和孕产期保健、产前筛查、产前诊断以及新生儿疾病筛查,传染病、地方病、慢性病、精神疾病等防控,心理保健指导等工作时,应当做好残疾预防工作,针对遗传、疾病、药物等致残因素,采取相应措施消除或者降低致残风险,加强临床早期康复介入,减少残疾的发生。
When carrying out pre-pregnancy and perinatal health care, prenatal screening, prenatal diagnosis, and newborn disease screening, as well as prevention and control of infectious diseases, endemic diseases, chronic diseases, mental diseases, and psychological health guidance, the health authorities shall properly carry out disability prevention work, take corresponding measures to eliminate or reduce the risk of disability caused by factors such as genetics, diseases, and drugs, strengthen early clinical rehabilitation intervention, and reduce the occurrence of disabilities.
公安、安全生产监督管理、食品安全监督管理、药品监督管理、生态环境、防灾减灾救灾等部门在开展交通安全、生产安全、食品安全、药品安全、生态环境保护、防灾减灾救灾等工作时,应当针对事故、环境污染、灾害等致残因素,采取相应措施,减少残疾的发生。
Public security, work safety supervision, food safety supervision, drug supervision, ecological environment, disaster prevention and mitigation departments, when carrying out work such as traffic safety, production safety, food safety, drug safety, ecological environment protection, and disaster prevention and mitigation, shall take corresponding measures against disability-causing factors such as accidents, environmental pollution, and disasters to reduce the occurrence of disabilities.
国务院卫生、教育、民政等有关部门和中国残疾人联合会在履行职责时应当收集、汇总残疾人信息,实现信息共享。
The relevant departments of the State Council, including health, education, and civil affairs, as well as the China Disabled Persons' Federation, shall collect and aggregate information on persons with disabilities when performing their duties, and achieve information sharing.
承担新生儿疾病和未成年人残疾筛查、诊断的医疗卫生机构应当按照规定将残疾和患有致残性疾病的未成年人信息,向所在地县级人民政府卫生主管部门报告。接到报告的卫生主管部门应当按照规定及时将相关信息与残疾人联合会共享,并共同组织开展早期干预。
Medical and health institutions responsible for screening and diagnosis of neonatal diseases and childhood disabilities shall report information on minors with disabilities or diseases causing disabilities to the local county-level health authority. The health authority receiving the report shall promptly share the relevant information with the Disabled Persons' Federation and jointly organize early intervention.
具有高度致残风险的用人单位应当对职工进行残疾预防相关知识培训,告知作业场所和工作岗位存在的致残风险,并采取防护措施,提供防护设施和防护用品。
Employers with a high risk of causing disabilities shall provide disability prevention knowledge training to employees, inform them of the disability risks in the workplace and positions, and take protective measures, providing protective facilities and supplies.
国家鼓励公民学习残疾预防知识和技能,提高自我防护意识和能力。
The State encourages citizens to learn disability prevention knowledge and skills to enhance self-protection awareness and ability.
未成年人的监护人应当保证未成年人及时接受政府免费提供的疾病和残疾筛查,努力使有出生缺陷或者致残性疾病的未成年人及时接受治疗和康复服务。未成年人、老年人的监护人或者家庭成员应当增强残疾预防意识,采取有针对性的残疾预防措施。
Guardians of minors shall ensure that minors promptly receive government-provided free disease and disability screening, and strive to ensure that minors with birth defects or diseases causing disabilities receive timely treatment and rehabilitation services. Guardians or family members of minors and the elderly shall enhance disability prevention awareness and take targeted disability prevention measures.
康复服务
Rehabilitation Services
县级以上人民政府应当组织卫生、教育、民政等部门和残疾人联合会整合从事残疾人康复服务的机构(以下称康复机构)、设施和人员等资源,合理布局,建立和完善以社区康复为基础、康复机构为骨干、残疾人家庭为依托的残疾人康复服务体系,以实用、易行、受益广的康复内容为重点,为残疾人提供综合性的康复服务。
People's governments at or above the county level shall organize health, education, civil affairs and other departments and the Disabled Persons' Federation to integrate resources such as institutions providing rehabilitation services for persons with disabilities (hereinafter referred to as rehabilitation institutions), facilities, and personnel, make rational layout, establish and improve a rehabilitation service system for persons with disabilities based on community rehabilitation, with rehabilitation institutions as the backbone and families of persons with disabilities as support, focusing on practical, easy-to-implement, and widely beneficial rehabilitation content, to provide comprehensive rehabilitation services for persons with disabilities.
县级以上人民政府应当优先开展残疾儿童康复工作,实行康复与教育相结合。
People's governments at or above the county level shall prioritize rehabilitation work for disabled children, combining rehabilitation with education.
县级以上人民政府根据本行政区域残疾人数量、分布状况、康复需求等情况,制定康复机构设置规划,举办公益性康复机构,将康复机构设置纳入基本公共服务体系规划。
People's governments at or above the county level shall, based on the number, distribution, and rehabilitation needs of persons with disabilities in their administrative regions, formulate plans for the establishment of rehabilitation institutions, establish public welfare rehabilitation institutions, and include the establishment of rehabilitation institutions in the planning of basic public service systems.
县级以上人民政府支持社会力量投资康复机构建设,鼓励多种形式举办康复机构。
People's governments at or above the county level support social forces to invest in the construction of rehabilitation institutions and encourage the establishment of rehabilitation institutions in various forms.
社会力量举办的康复机构和政府举办的康复机构在准入、执业、专业技术人员职称评定、非营利组织的财税扶持、政府购买服务等方面执行相同的政策。
Rehabilitation institutions established by social forces and those established by the government shall implement the same policies in terms of access, practice, professional title evaluation of professional and technical personnel, fiscal and tax support for non-profit organizations, and government procurement of services.
康复机构应当具有符合无障碍环境建设要求的服务场所以及与所提供康复服务相适应的专业技术人员、设施设备等条件,建立完善的康复服务管理制度。
Rehabilitation institutions shall have service venues that meet the requirements of barrier-free environment construction, as well as professional and technical personnel, facilities, and equipment appropriate to the rehabilitation services provided, and establish a sound rehabilitation service management system.
康复机构应当依照有关法律、法规和标准、规范的规定,为残疾人提供安全、有效的康复服务。鼓励康复机构为所在区域的社区、学校、家庭提供康复业务指导和技术支持。
Rehabilitation institutions shall provide safe and effective rehabilitation services for persons with disabilities in accordance with relevant laws, regulations, standards, and norms. Rehabilitation institutions are encouraged to provide rehabilitation business guidance and technical support to communities, schools, and families in their areas.
康复机构的建设标准、服务规范、管理办法由国务院有关部门商中国残疾人联合会制定。
The construction standards, service norms, and management measures for rehabilitation institutions shall be formulated by the relevant departments of the State Council in consultation with the China Disabled Persons' Federation.
县级以上人民政府有关部门应当依据各自职责,加强对康复机构的监督管理。残疾人联合会应当及时汇总、发布康复机构信息,为残疾人接受康复服务提供便利,各有关部门应当予以支持。残疾人联合会接受政府委托对康复机构及其服务质量进行监督。
The relevant departments of people's governments at or above the county level shall strengthen the supervision and management of rehabilitation institutions according to their respective responsibilities. The Disabled Persons' Federation shall promptly aggregate and publish information on rehabilitation institutions to facilitate persons with disabilities in receiving rehabilitation services, and all relevant departments shall provide support. The Disabled Persons' Federation, upon entrustment by the government, shall supervise rehabilitation institutions and the quality of their services.
各级人民政府应当将残疾人社区康复纳入社区公共服务体系。
People's governments at all levels shall include community rehabilitation for persons with disabilities in the community public service system.
县级以上人民政府有关部门、残疾人联合会应当利用社区资源,根据社区残疾人数量、类型和康复需求等设立康复场所,或者通过政府购买服务方式委托社会组织,组织开展康复指导、日常生活能力训练、康复护理、辅助器具配置、信息咨询、知识普及和转介等社区康复工作。
The relevant departments of people's governments at or above the county level and the Disabled Persons' Federation shall utilize community resources, establish rehabilitation venues based on the number, type, and rehabilitation needs of persons with disabilities in the community, or entrust social organizations through government procurement of services, to organize and carry out community rehabilitation work such as rehabilitation guidance, daily living ability training, rehabilitation nursing, assistive device configuration, information consultation, knowledge popularization, and referral.
城乡基层群众性自治组织应当鼓励和支持残疾人及其家庭成员参加社区康复活动,融入社区生活。
Urban and rural grassroots self-governing organizations shall encourage and support persons with disabilities and their family members to participate in community rehabilitation activities and integrate into community life.
提供残疾人康复服务,应当针对残疾人的健康、日常活动、社会参与等需求进行评估,依据评估结果制定个性化康复方案,并根据实施情况对康复方案进行调整优化。制定、实施康复方案,应当充分听取、尊重残疾人及其家属的意见,告知康复措施的详细信息。
When providing rehabilitation services for persons with disabilities, assessments shall be conducted based on the needs of the person with disabilities in terms of health, daily activities, and social participation. Individualized rehabilitation plans shall be formulated based on the assessment results, and adjustments and optimizations shall be made according to the implementation situation. When formulating and implementing rehabilitation plans, the opinions of the person with disabilities and their family members shall be fully heard and respected, and detailed information on rehabilitation measures shall be provided.
提供残疾人康复服务,应当保护残疾人隐私,不得歧视、侮辱残疾人。
When providing rehabilitation services for persons with disabilities, the privacy of persons with disabilities shall be protected, and persons with disabilities shall not be discriminated against or insulted.
从事残疾人康复服务的人员应当具有人道主义精神,遵守职业道德,学习掌握必要的专业知识和技能并能够熟练运用;有关法律、行政法规规定需要取得相应资格的,还应当依法取得相应的资格。
Personnel engaged in rehabilitation services for persons with disabilities shall have a humanitarian spirit, abide by professional ethics, learn and master necessary professional knowledge and skills, and be able to use them proficiently; if relevant laws and administrative regulations require obtaining corresponding qualifications, they shall also obtain such qualifications according to law.
康复机构应当对其工作人员开展在岗培训,组织学习康复专业知识和技能,提高业务水平和服务能力。
Rehabilitation institutions shall provide on-the-job training for their staff, organize learning of rehabilitation professional knowledge and skills, and improve professional level and service capacity.
各级人民政府和县级以上人民政府有关部门、残疾人联合会以及康复机构等应当为残疾人及其家庭成员学习掌握康复知识和技能提供便利条件,引导残疾人主动参与康复活动,残疾人的家庭成员应当予以支持和帮助。
People's governments at all levels, relevant departments of people's governments at or above the county level, the Disabled Persons' Federation, and rehabilitation institutions shall provide convenient conditions for persons with disabilities and their family members to learn and master rehabilitation knowledge and skills, guide persons with disabilities to actively participate in rehabilitation activities, and family members of persons with disabilities shall provide support and assistance.
保障措施
Safeguard Measures
各级人民政府应当按照社会保险的有关规定将残疾人纳入基本医疗保险范围,对纳入基本医疗保险支付范围的医疗康复费用予以支付;按照医疗救助的有关规定,对家庭经济困难的残疾人参加基本医疗保险给予补贴,并对经基本医疗保险、大病保险和其他补充医疗保险支付医疗费用后仍有困难的给予医疗救助。
People's governments at all levels shall, in accordance with the relevant provisions of social insurance, include persons with disabilities in the scope of basic medical insurance, and pay for medical rehabilitation expenses that fall within the scope of basic medical insurance payment; in accordance with the relevant provisions of medical assistance, provide subsidies for persons with disabilities from families with financial difficulties to participate in basic medical insurance, and provide medical assistance to those who still have difficulties after payment of medical expenses through basic medical insurance, serious illness insurance, and other supplementary medical insurance.
国家建立残疾儿童康复救助制度,逐步实现0-6岁视力、听力、言语、肢体、智力等残疾儿童和孤独症儿童免费得到手术、辅助器具配置和康复训练等服务;完善重度残疾人护理补贴制度;通过实施重点康复项目为城乡贫困残疾人、重度残疾人提供基本康复服务,按照国家有关规定对基本型辅助器具配置给予补贴。具体办法由国务院有关部门商中国残疾人联合会根据经济社会发展水平和残疾人康复需求等情况制定。
The state establishes a rehabilitation assistance system for children with disabilities, gradually achieving free surgery, assistive device configuration, and rehabilitation training services for children aged 0-6 with visual, hearing, speech, physical, intellectual disabilities and autism; improve the subsidy system for nursing care of persons with severe disabilities; provide basic rehabilitation services for urban and rural poor persons with disabilities and persons with severe disabilities through key rehabilitation projects, and provide subsidies for the configuration of basic assistive devices in accordance with relevant state regulations. Specific measures shall be formulated by the relevant departments of the State Council in consultation with the China Disabled Persons' Federation based on the level of economic and social development and the rehabilitation needs of persons with disabilities.
国家多渠道筹集残疾人康复资金,鼓励、引导社会力量通过慈善捐赠等方式帮助残疾人接受康复服务。工伤保险基金、残疾人就业保障金等按照国家有关规定用于残疾人康复。
The state raises funds for the rehabilitation of persons with disabilities through multiple channels, encouraging and guiding social forces to help persons with disabilities receive rehabilitation services through charitable donations. Work-related injury insurance funds, employment security funds for persons with disabilities, etc., shall be used for the rehabilitation of persons with disabilities in accordance with relevant state regulations.
有条件的地区应当根据本地实际情况提高保障标准,扩大保障范围,实施高于国家规定水平的残疾人康复保障措施。
Regions with conditions shall, based on their actual local circumstances, raise the guarantee standards, expand the scope of guarantee, and implement rehabilitation guarantee measures for persons with disabilities that are higher than the national level.
各级人民政府应当根据残疾预防和残疾人康复工作需要,将残疾预防和残疾人康复工作经费列入本级政府预算。
People's governments at all levels shall, in accordance with the needs of disability prevention and rehabilitation of persons with disabilities, include the work funds for disability prevention and rehabilitation of persons with disabilities in their government budgets.
从事残疾预防和残疾人康复服务的机构依法享受有关税收优惠政策。县级以上人民政府有关部门对相关机构给予资金、设施设备、土地使用等方面的支持。
Institutions engaged in disability prevention and rehabilitation services shall enjoy relevant tax preferential policies in accordance with the law. The relevant departments of the people's governments at or above the county level shall provide support to relevant institutions in terms of funds, facilities and equipment, land use, etc.
国家加强残疾预防和残疾人康复专业人才的培养;鼓励和支持高等学校、职业学校设置残疾预防和残疾人康复相关专业或者开设相关课程,培养专业技术人员。
The state strengthens the training of professionals in disability prevention and rehabilitation of persons with disabilities; encourages and supports institutions of higher learning and vocational schools to set up majors related to disability prevention and rehabilitation of persons with disabilities or offer relevant courses to train professional and technical personnel.
县级以上人民政府卫生、教育等有关部门应当将残疾预防和残疾人康复知识、技能纳入卫生、教育等相关专业技术人员的继续教育。
The health, education and other relevant departments of the people's governments at or above the county level shall incorporate knowledge and skills of disability prevention and rehabilitation of persons with disabilities into the continuing education of relevant professional and technical personnel in health, education, etc.
国务院人力资源社会保障部门应当会同国务院有关部门和中国残疾人联合会,根据残疾预防和残疾人康复工作需要,完善残疾预防和残疾人康复专业技术人员职业能力水平评价体系。
The human resources and social security department of the State Council shall, in conjunction with the relevant departments of the State Council and the China Disabled Persons' Federation, improve the professional ability evaluation system for professional and technical personnel in disability prevention and rehabilitation of persons with disabilities based on the needs of disability prevention and rehabilitation work.
省级以上人民政府及其有关部门应当积极支持辅助器具的研发、推广和应用。
People's governments at or above the provincial level and their relevant departments shall actively support the research and development, promotion, and application of assistive devices.
辅助器具研发、生产单位依法享受有关税收优惠政策。
Assistive device research, development, and production units shall enjoy relevant tax preferential policies in accordance with the law.
各级人民政府和县级以上人民政府有关部门按照国家有关规定,保障残疾预防和残疾人康复工作人员的待遇。县级以上人民政府人力资源社会保障等部门应当在培训进修、表彰奖励等方面,对残疾预防和残疾人康复工作人员予以倾斜。
People's governments at all levels and the relevant departments of the people's governments at or above the county level shall, in accordance with relevant state regulations, ensure the treatment of staff engaged in disability prevention and rehabilitation of persons with disabilities. The human resources and social security and other departments of the people's governments at or above the county level shall give preference to staff engaged in disability prevention and rehabilitation of persons with disabilities in terms of training, further education, commendation, and awards.
法律责任
Legal Liability
地方各级人民政府和县级以上人民政府有关部门未依照本条例规定履行残疾预防和残疾人康复工作职责,或者滥用职权、玩忽职守、徇私舞弊的,依法对负有责任的领导人员和直接责任人员给予处分。
If local people's governments at all levels and the relevant departments of the people's governments at or above the county level fail to perform their duties of disability prevention and rehabilitation of persons with disabilities in accordance with these Regulations, or abuse their power, neglect their duties, or engage in malpractice for personal gain, the responsible leaders and directly responsible personnel shall be given sanctions in accordance with the law.
各级残疾人联合会有违反本条例规定的情形的,依法对负有责任的领导人员和直接责任人员给予处分。
If a disabled persons' federation at any level violates the provisions of these Regulations, the responsible leaders and directly responsible personnel shall be given sanctions in accordance with the law.
医疗卫生机构、康复机构及其工作人员未依照本条例规定开展残疾预防和残疾人康复工作的,由有关主管部门按照各自职责分工责令改正,给予警告;情节严重的,责令暂停相关执业活动,依法对负有责任的领导人员和直接责任人员给予处分。
If a medical and health institution, rehabilitation institution, or its staff fails to carry out disability prevention and rehabilitation work for persons with disabilities in accordance with these Regulations, the relevant competent departments shall, within their respective responsibilities, order correction and give a warning; if the circumstances are serious, order the suspension of relevant practice activities, and give sanctions to the responsible leaders and directly responsible personnel in accordance with the law.
具有高度致残风险的用人单位未履行本条例第十五条规定的残疾预防义务,违反安全生产、职业病防治等法律、行政法规规定的,依照有关法律、行政法规的规定给予处罚;有关法律、行政法规没有规定的,由有关主管部门按照各自职责分工责令改正,给予警告;拒不改正的,责令停产停业整顿。用人单位还应当依法承担救治、保障等义务。
If an employer with a high risk of causing disabilities fails to fulfill the disability prevention obligations stipulated in Article 15 of these Regulations, and violates laws or administrative regulations on work safety, occupational disease prevention, etc., it shall be punished in accordance with the relevant laws and administrative regulations; if there are no provisions in the relevant laws and administrative regulations, the relevant competent departments shall, within their respective responsibilities, order correction and give a warning; if it refuses to correct, order suspension of production and business for rectification. The employer shall also undertake obligations such as treatment and guarantee in accordance with the law.
违反本条例规定,构成犯罪的,依法追究刑事责任;造成人身、财产损失的,依法承担赔偿责任。
If a violation of these Regulations constitutes a crime, criminal liability shall be pursued in accordance with the law; if it causes personal or property losses, compensation liability shall be borne in accordance with the law.
附则
Supplementary Provisions
本条例自2017年7月1日起施行。
These Regulations shall come into force on July 1, 2017.