唐山市住房制度改革领导小组办公室关于职工购房工龄有关问题的补充规定
河北省唐山市住房制度改革领导小
唐山市住房制度改革领导小组办公室关于职工购房工龄有关问题的补充规定
唐山市住房制度改革领导小组办公
依据《唐山市直管旧公房出售办法》和国家有关职工工龄规定,为保证公有住房出售工作的有序进行,维护国家利益和购房人的合法权益,对在旧公房出售过程中,职工购房工龄的有关问题作如下补充规定。
一、在职职工的购房工龄一律计算到1995年12月31日。已达到基本离退休年龄尚未办理离退休手续的,按国家规定的离退休年龄计算购房工龄,超过基本离退休年龄的必须提交审批手续。在职职工区分领导干部、一般干部、工人分别由组织、人事、劳资部门开具证明。
二、离退休职工的购房工龄计算到国家规定的离退休年龄,凭离退休证和身份证办理,离退休证上未注明离退休年龄的按管理权限由组织、人事、劳资部门开具证明。实际离退休年龄超过基本离退休年龄的必须严格履行延长离退休年龄审批手续,未经审批的不能计入购房工龄。
1.职工的基本离退休年龄:
(1)干部:男年满60周岁,女年满55周岁;
(2)工人:男年满60周岁,女年满50周岁。
2.有关延长离退休年龄的规定:
(1)从市级人大主任、政协主席、各民主党派和工商联主委岗位离退休的干部,其离退休年龄可在基本离退休年龄的基础上延长5年,不足5年的按实际,超过5年的按5年计。
(2)从市级人大副主任、政协副主席、各民主党派和工商联副主委岗位离退休的干部,其离退休年龄可在基本离退休年龄的基础上延长2年,不足2年按实际,超过2年的按2年计。
(3)从处级以上岗位离退休的女干部,凭延长离退休年龄的批文复印件(或手抄件),离退休年龄可延长到57岁,离退休时不足57岁的按实际计算,超过57岁的按57岁计算。
(4)高级技术人员凭《延长离退休年龄审批表》复印件(或手抄件),离退休年龄可在基本离退休年龄的基础上增加10年,实际延长的退休年龄不足10年的按实际计算,超过10年的按10年计算。
(5)中级技术人员凭《延长离退休年龄审批表》复印件(或手抄件),离退休年龄可在基本离退休年龄的基础上增加5年,实际增加的年龄不足5年的按实际计算,超过5年的按5年计算。
3.职工没到基本离退休年龄提前退休的,其购房工龄从参加工作之日起计算到实际退休年龄。
三、有关折算工龄的计算
(1)从事特别繁重体力劳动、高空、高温、井下和其他有毒有害工作,按国家规定给予增加折算工龄的职工,在计算购房工龄时,其折算的工龄只能抵顶提前离退休的年龄。既有折算工龄,又按国家规定的基本离退休年龄离退休的,不计算折算工龄。
(2)离退休职工增加的折算工龄少于提前离退休时间的,按实际折算工龄计算购房工龄;折算工龄超过提前离退休时间的,只将提前离退休时间计入购房工龄。
(3)职工在上述特殊环境工作期间,因上学、出国、借调、住院、休养等原因,脱离该岗位期间,不得计算折算工龄。
(4)在职职工1995年12月31日以前的折算工龄可计入购房工龄,但折算工龄最多不超过5年,计入购房工龄后不超过基本离退休年龄。
(5)职工的折算工龄按隶属关系分别由组织、人事、劳资部门,凭档案记载的有效内容开具证明,档案中无有效记载不得开具证明。
四、退职、辞职、开除公职人员购房工龄的计算:
1.按国发〔1978〕104号文件退职的职工在职期间的工龄可计入购房工龄。
2.经批准辞职的职工在职期间的工龄可计入购房工龄;自动离职的职工在职期间的工龄不计入购房工龄。
3.开除公职人员在职期间工龄不计入购房工龄。
五、关于学龄的认定
1.职工在省以上教育主管部门承认的中等专业学校学习期间的学龄可计入购房工龄。高中、职业中专、职业高中、技校、培训和进修性学校的学龄不计入购房工龄。
2.不与参加工作时间相连续的学龄不计入购房工龄。
3.有两种以上学历的学龄只计算与参加工作时间相连续的一种学龄。
4.与学龄相连续的工作时间不计入连续工龄,则该学龄也不计入购房工龄。
5.中专学历的学龄一律凭毕业证书、中等专业学校毕业生登记表原件或中等专业学校毕业生统一分配派遣证办理购房工龄认定,大专以上学历的学龄凭毕业证书或其他有效证件办理。
六、离休干部的购房工龄从离休证载明的参加革命工作时间算起。1940年以前在工矿企业工作的老工人,购房工龄从1948年开始计算,1948年以后参加工作的从实际参加工作时间计算购房工龄。
1996年12月11日
JOINT DECLARATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE QUESTION OF HONG KONG ——附加英文版
the Government of the People's Republic of China,Government of the United Kingdom of Great Britain and Northern
JOINT DECLARATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE QUESTION OF HONG KONG
WHOLE DOCUMENT
Government of the United Kingdom of Great Britain and Northern
Ireland
the Government of the People's Republic of China have reviewed
with
sfaction the friendly relations existing between the two
Governments
peoples in recent years and agreed that a proper negotiated
settlement
he question of Hong Kong, which is left over from the past, is
con-
ve to the maintenance of the prosperity and stability of Hong Kong
and
he further strengthening and development of the relations between
the
countries on a new basis. To this end, they have, after talks
between
delegations of the two Governments, agreed to declare as follows:
he Government of the People's Republic of China declares
that to
ver the Hong Kong area (including Hong Kong Island, Kowloon and
the
Territories, hereinafter referred to as Hong Kong) is the
common
ration of the entire Chinese people, and that it has decided to
resume
exercise of sovereignty over Hong Kong with effect from 1 July
1997.
he Government of the United Kingdom declares that it will restore
Hong
to the People's Republic of China with effect from 1 July 1997.
he Government of the People's Republic of China declares
that the
c policies of the People's Republic of China regarding Hong Kong
are
ollows:
Upholding national unity and territorial integrity and taking
account
he history of Hong Kong and its realities, the People's
Republic of
a has decided to establish, in accordance with the
provisions of
cle 31 of the Constitution of the People's Republic of China, a
Hong
Special Administrative Region upon resuming the
exercise of
reignty over Hong Kong.
The Hong Kong Special Administrative Region will be directly
under the
ority of the Central People's Government of the People's
Republic of
a. The Hong Kong Special Administrative Region will enjoy
a high
ee of autonomy, except in foreign and defence affairs which are
the
onsibilities of the Central People's Government.
The Hong Kong Special Administrative Region will be
vested with
utive, legislative and independent judicial power, including
that of
l adjudication. The laws currently in force in Hong Kong will
remain
cally unchanged.
The Government of the Hong Kong Special Administrative Region
will be
osed of local inhabitants. The chief executive will be
appointed by
Central People's Government on the basis of the results of
elections
onsultations to be held locally. Principal officials will be
nominated
he chief executive of the Hong Kong Special Administrative Region
for
intment by the Central People's Government. Chinese and
foreign
onals previously working in the public and police services
in the
rnment departments of Hong Kong may remain in employment. British
and
r foreign nationals may also be employed to serve as advisers or
hold
ain public posts in government departments of the Hong Kong
Special
nistrative Region.
The current social and economic systems in Hong Kong will
remain
anged, and so will the life-style. Rights and freedoms,
including
e of the person, of speech, of the press, of assembly, of
association,
ravel, of movement, of correspondence, of strike, of
choice of
pation, of academic research and of religious belief will be
ensured
aw in the Hong Kong Special Administrative Region. Private
property,
rship of enterprises, legitimate right of inheritance and
foreign
stment will be protected by law.
The Hong Kong Special Administrative Region will retain the
status of
ee port and a separate customs territory.
The Hong Kong Special Administrative Region will retain the
status of
nternational financial centre, and its markets for foreign
exchange,
, securities and futures will continue. There will be free
flow of
tal. The Hong Kong dollar will continue to circulate and remain
freely
ertible.
The Hong Kong Special Administrative Region will have
independent
nces. The Central People's Government will not levy taxes on the
Hong
Special Administrative Region.
The Hong Kong Special Administrative Region may establish
mutually
ficial economic relations with the United Kingdom and other
countries,
e economic interests in Hong Kong will be given due regard.
Using the name of "Hong Kong, China", the Hong Kong
Special
nistrative Region may on its own maintain and develop
economic and
ural relations and conclude relevant agreements with states,
regions
relevant international organizations. The Government of the
Hong Kong
ial Administrative Region may on its own issue travel
documents for
y into and exit from Hong Kong.
The maintenance of public order in the Hong Kong
Special
nistrative Region will be the responsibility of the Government
of the
Kong Special Administrative Region.
The above-stated basic policies of the People's Republic of
China
rding Hong Kong and the elaboration of them in Annex I to this
Joint
aration will be stipulated, in a Basic Law of the Hong Kong
Special
nistrative Region of the People's Republic of China, by the
National
le's Congress of the People's Republic of China, and they will
remain
anged for 50 years.
he Government of the United Kingdom and the Government of the
People's
blic of China declare that, during the transitional period
between the
of the entry into force of this Joint Declaration and 30 June
1997,
Government of the United Kingdom will be responsible
for the
nistration of Hong Kong with the object of maintaining and
preserving
economic prosperity and social stability; and that the
Government of
People's Republic of China will give its cooperation
in this
ection.
he Government of the United Kingdom and the Government of the
People's
blic of China declare that, in order to ensure a smooth
transfer of
rnment in 1997, and with a view to the effective
implementation of
Joint Declaration, a Sino-British Joint Liaison Group will be set
up
this Joint Declaration enters into force; and that it
will be
blished and will function in accordance with the provisions of
Annex
o this Joint Declaration.
he Government of the United Kingdom and the Government of the
People's
blic of China declare that land leases in Hong Kong and other
related
ers will be dealt with in accordance with the provisions of Annex
III
his Joint Declaration.
he Government of the United Kingdom and the Government of the
People's
blic of China agree to implement the preceding declarations
and the
xes to this Joint Declaration.
his Joint Declaration is subject to ratification and shall enter
into
e on the date of the exchange of instruments of ratification,
which
l take place in Beijing before 30 June 1985. This Joint
Declaration
its Annexes shall be equally binding. Done in duplicate at
Beijing on
ecember 1984 in the English and Chinese languages, both texts
being
lly authentic.
the For the
rnment of the United Kingdom Government of the
reat Britain and Northern Ireland People's Republic of China
rate Thatcher Zhao Ziyang
ANNEX I: ELABORATION BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA OF ITS BASIC POLICIES REGARDING HONG KONG
Government of the People's Republic of China elaborates the
basic
cies of the People's Republic of China regarding Hong Kong as set
out
aragraph 3 of the Joint Declaration of the Government of the
United
dom of Great Britain and Northern Ireland and the Government of
the
le's Republic of China on the Question of Hong Kong as follows:
Constitution of the People's Republic of China stipulates in
Article
hat "the state may establish special administrative
regions when
ssary. The systems to be instituted in special administrative
regions
l be prescribed by laws enacted by the National People's
Congress in
light of the specific conditions." In accordance with this
Article,
People's Republic of China shall, upon the resumption of the
exercise
overeignty over Hong Kong on 1 July 1997, establish the Hong
Kong
ial Administrative Region of the People's Republic of China.
The
onal People's Congress of the People's Republic of China shall
enact
promulgate a Basic Law of the Hong Kong Special Administrative
Region
he People's Republic of China (hereinafter referred to as the
Basic
in accordance with the Constitution of the People's
Republic of
a, stipulating that after the establishment of the Hong Kong
Special
nistrative Region the socialist system and socialist policies
shall
be practised in the Hong Kong Special Administrative Region and
that
Kong's previous capitalist system and life-style shall
remain
anged for 50 years.
Hong Kong Special Administrative Region shall be directly
under the
ority of the Central People's Government of the People's
Republic of
a and shall enjoy a high degree of autonomy. Except for foreign
and
nce affairs which are the responsibilities of the Central
People's
rnment, the Hong Kong Special Administrative Region shall be
vested
executive, legislative and independent judicial power, including
that
inal adjudication. The Central People's Government shall
authorise the
Kong Special Administrative Region to conduct on its own
those
rnal affairs specified in Section XI of this Annex.
government and legislature of the Hong Kong Special
Administrative
on shall be composed of local inhabitants. The chief executive
of the
Kong Special Administrative Region shall be selected by
election or
ugh consultations held locally and be appointed by the
Central
le's Government. Principal officials (equivalent to Secretaries)
shall
nominated by the chief executive of the Hong Kong
Special
nistrative Region and appointed by the Central People's
Government.
legislature of the Hong Kong Special Administrative Region
shall be
tituted by elections. The executive authorities shall abide by
the law
shall be accountable to the legislature.
ddition to Chinese, English may also be used in organs of
government
in the courts in the Hong Kong Special Administrative Region.
t from displaying the national flag and national emblem
of the
le's Republic of China, the Hong Kong Special Administrative
Region
use a regional flag and emblem of its own.
r the establishment of the Hong Kong Special Administrative
Region,
laws previously in force in Hong Kong (i. e. the common law, rules
of
ty, ordinances, subordinate legislation and customary law)
shall be
tained, save for any that contravene the Basic Law and subject
to any
dment by the Hong Kong Special Administrative Region legislature.
The
slative power of the Hong Kong Special Administrative Region
shall be
ed in the Legislature of the Hong Kong Special Administrative
Region.
legislature may on its own authority enact laws in accordance with
the
isions of the Basic Law and legal procedures, and report them to
the
ding Committee of the National People's Congress for the record.
Laws
ted by the legislature which are in accordance with the Basic Law
and
l procedures shall be regarded as valid.
laws of the Hong Kong Special Administrative Region shall be the
Basic
and the laws previously in force in Hong Kong and laws enacted
by the
Kong Special Administrative Region legislature as above.
r the establishment of the Hong Kong Special Administrative
Region,
judicial system previously practised in Hong Kong shall be
maintained
pt for those changes consequent upon the vesting in the courts
of the
Kong Special Administrative Region of the power of
final
dication.
cial power in the Hong Kong Special Administrative Region
shall be
ed in the courts of the Hong Kong Special Administrative Region.
The
ts shall exercise judicial power independently and free
from any
rference. Members of the judiciary shall be immune from legal
action
espect of their judicial functions. The courts shall decide
cases in
rdance with the laws of the Hong Kong Special Administrative
Region
may refer to precedents in other common law jurisdictions.
Judges of
Hong Kong Special Administrative Region courts shall be
appointed by
chief executive of the Hong Kong Special Administrative Region
acting
accordance with the recommendation of an independent
commission
osed of local judges, persons from the legal profession and
other
ent persons. Judges shall be chosen by reference to their
judicial
ities and may be recruited from other common law
jurisdictions. A
e may only be removed for inability to discharge the functions
of his
ce, or for misbehaviour, by the chief executive of the
Hong Kong
ial Administrative Region acting in accordance with the
recommendation
tribunal appointed by the chief judge of the court of final
appeal,
isting of not fewer than three local judges.
Additionally, the
intment or removal of principal judges (i. e. those of the
highest
) shall be made by the chief executive with the endorsement of
the
Kong Special Administrative Region legislature and reported
to the
ding Committee of the National People's Congress for the record.
The
em of appointment and removal of judicial officers other than
judges
l be maintained.
power of final judgment of the Hong Kong Special Administrative
Region
l be vested in the court of final appeal in the Hong Kong
Special
nistrative Region, which may as required invite judges from
other
on law jurisdictions to sit on the court of final appeal.
osecuting authority of the Hong Kong Special Administrative
Region
l control criminal prosecutions free from any interference.
he basis of the system previously operating in Hong Kong, the
Hong
Special Administrative Region Government shall on its
own make
ision for local lawyers and lawyers from outside the Hong Kong
Special
nistrative Region to work and practise in the Hong Kong
Special
nistrative Region.
Central People's Government shall assist or authorise the Hong
Kong
ial Administrative Region Government to make appropriate
arrangements
reciprocal juridical assistance with foreign states.
r the establishment of the Hong Kong Special Administrative
Region,
ic servants previously serving in Hong Kong in all
government
rtment, including the police department, and members of the
judiciary
all remain in employment and continue their service
with pay,
wances, benefits and conditions of service no less
favourable than
re. The Hong Kong Special Administrative Region government
shall pay
uch persons who retire or complete their contracts, as well
as to
e who have retired before 1 July 1997, or to their dependants,
all
ions, gratuities, allowances and benefits due to them on terms
no less
urable than before, and irrespective of their nationality or
place of
dence.
Hong Kong Special Administrative Region Government may employ
British
other foreign nationals previously serving in the public
service in
Kong, and may recruit British and other foreign nationals
holding
anent identity cards of the Hong Kong Special Administrative
Region to
e as public servants at all levels, except as heads
of major
rnment departments (corresponding to branches or
departments at
etary level) including the police department, and as deputy
heads of
of those departments. The Hong Kong Special Administrative
Region
rnment may also employ British and other foreign nationals as
advisers
overnment departments and, when there is a need, may recruit
qualified
idates from outside the Hong Kong Special Administrative
Region to
essional and technical posts in government departments,
The above
l be employed only in their individual capacities and, like
other
ic servants, shall be responsible to the Hong Kong
Special
nistrative Region Government.
appointment and promotion of public servants shall be on the basis
of
ifications, experience and ability. Hong Kong's previous
system of
uitment, employment, assessment, discipline, training and
management
the public service (including special bodies for appointment, pay
and
itions of service) shall, save for any provisions providing
privileged
tment for foreign nationals, be maintained.
Hong Kong Special Administrative Region shall deal on its own
with
ncial matters, including disposing of its financial
resources and
ing up its budgets and its final accounts. The Hong Kong
Special
nistrative Region shall report its budgets and final accounts to
the
ral People's Government for the record. The Central
People's
rnment shall not levy taxes on the Hong Kong Special
Administrative
on. The Hong Kong Special Administrative Region shall
use its
ncial revenues exclusively for its own purposes and they shall
not be
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