Provisions ofShanghaiMunicipalityon the Placement
and Education of the Released
(Adopted at the 37thSession of the Standing Committee of the 13thShanghai
Municipal People’s Congress on November 21, 2012)
With a view to normalizing and strengthening the placement and education of the released, helping persons released upon completion of a sentence and persons released from re-education through labor to get into society, and maintaining social harmony and stability, these Provisions are formulated in accordance with relevant provisions of laws and administrative regulations of the State, and in the light of the actual circumstances of this Municipality
These Provisions apply to placement and education activities of giving assistance, instruction and service to persons released upon completion of a sentence and persons released from re-education through labor (hereinafter referred to as the released) within the administrative area of this Municipality.
The people’s governments at all levels shall direct more effectively the work of placement and education of the released, integrate the work into the national economic and social development planning, and bring the expenditure for the work into the financial budget at the same level.
The municipal and district/county administrative departments of justice shall be responsible for the organization, coordination and guidance of the placement and education of the released within their corresponding administrative area.
The town/township and sub-district administrative organs of justice shall specifically undertake the routine work of placement and education of the released.
The administrative departments of pubic security, civil affairs, human resources and social security, education, industry and commerce, finance, taxation, and housing support and building administration shall jointly do well the work of placement and education of the released according to their respective duties.
This Municipality encourages to establish professional social organizations and organizations of volunteers (hereinafter jointly referred to as the social assistance organizations) to provide instructive service for the released.
The social assistance organizations may mobilize citizens, legal persons and other organizations to carry out diversified activities of helping and instructing the released.
The administrative departments of justice may support the social assistance organizations to carry out instructive assistance by way of service procurement. The social assistance organizations may independently carry out the instructive assistance under the guidance of the administrative departments of justice.
This Municipality encourages citizens, legal persons and other organizations to participate in the placement and education of the released by providing jobs, voluntary services, and donation.
The district/county administrative departments of justice shall establish a mechanism to exchange information and communicate with facilities of reform and reeducation through labor, to understand the situation of persons serving a sentence or receiving reeducation through labor.
The facility of reform and reeducation through labor shall, within 30 days after receiving a person who serves a sentence or receives reeducation through labor, give relevant information to the district/county administrative department of justice where the person resides or has a residence permit.
The facility of reform and reeducation through labor shall, 30 days before a prisoner or person under reeducation through labor is released, give relevant information to the district/county administrative department of justice, the public security organ or the town/township and sub-district administrative organ of justice.
The town/township and sub-district administrative organ of justice shall, before such person is released, notify his/her relatives to take him/her home; the released with special difficulty or in a particular situation shall be helped to return to his/her living place.
After a person is released from prison or reeducation facility, the town/township or sub-district administrative organ of justice where the person resides shall take the initiatives to care for the person and keep abreast of his/her life and employment.
The public security organ shall, in line with the provisions of the State and this Municipality on household registration and residence management, go through procedures to keep or alter the household register or residence certificate of the released.
The administrative department of education shall, according to law, do well in guiding and helping the released meeting the school requirements to be enrolled by school.
The school shall accept the released eligible for enrollment, and shall not discriminate against them.
The administrative department of human resources and social security shall, according to relevant provisions of the State and this Municipality on promoting employment, do well the work of occupational guidance and technical training for the released, and encourage them to become self-employed or find jobs independently.
No person shall discriminate against the released in employment, and enterprises are encouraged to employ the released.
The released may, according to the provisions of the State and this Municipality, participate in corresponding social insurance; those eligible for unemployment benefits may enjoy such benefits as provided.
As for the released with real living difficulties, the administrative department of civil affairs shall provide subsistence allowances and necessary social aids according to law.
Every district/county people’s government may, as required by the placement and education of the released in its area, by various ways such as government investment and social support, establish a transitional placement base with the functions of accommodation, education, training, and relief, to settle the released with special difficulties in living and employment.
Citizens, legal persons and other organizations participating in the construction of the transitional placement base may enjoy subsidies and incentives in line with provisions.
The administrative department of justice shall jointly with relevant departments and units, analyze and appraise such situations as study, life and employment of the released, and provide targeted assistance and services.
Where a staff member of an administrative organ commits any one of the following acts in violation of these Provisions bringing about adverse effects, his/her unit or the competent authority at the higher level shall criticize and educate the chief person-in-charge and other persons directly responsible, order them to make corrections, and give them administrative sanctions according to law:
1. failing to perform the duty of giving notice and information as required;
2. failing to render relevant services to the released as required; and
3. having other acts of non-performance or illegal performance of the statutory duties.
These Provisions shall be effective as ofApril 1, 2013.
Provisions ofShanghaiMunicipalityon the Placement