China, People's Republic of: Streamlining Legal and Regulatory Framework for Social Assistance

Sovereign Project | 46057-001

Summary

The PRC Country Partnership Strategy (2011-2015) identifies inclusive growth, i.e. balanced and equitable development, as one of the three pillars in promoting regional economic advancement. Key to achieving inclusive development is to build a social protection system that can provide the vulnerable population with equitable access to basic social services.

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Project Name Streamlining Legal and Regulatory Framework for Social Assistance
Project Number 46057-001
Country China, People's Republic of
Project Status Approved
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 8161-PRC: Streamlining Legal and Regulatory Framework for Social Assistance
Technical Assistance Special Fund US$ 400,000.00
Strategic Agendas Inclusive economic growth
Drivers of Change Governance and capacity development
Sector / Subsector Public sector management - Law and judiciary - Social protection initiatives
Gender Equity and Mainstreaming
Description

The PRC Country Partnership Strategy (2011-2015) identifies inclusive growth, i.e. balanced and equitable development, as one of the three pillars in promoting regional economic advancement. Key to achieving inclusive development is to build a social protection system that can provide the vulnerable population with equitable access to basic social services.

Various social assistance programs are being implemented in the PRC. The rural five guarantees and the urban minimum subsistence allowance programs support minimum living standards. However, these programs no longer meet current social needs in terms of targeting and the level of benefits. The purpose of this technical assistance (TA) is to provide the Social Law Department, Legislative Affairs Commission, the Standing Committee of the National People's Congress, with recommendations for strengthening the legal framework to ensure consistency of policies on social services provision, reduce the disparity in implementation schemes, widen the scope of protection and enhance the level of benefits.

ADB is supporting a number of technical assistance (TA) projects related to the PRC social protection system, namely: (i) the TA for Building Equitable Opportunities into Social Assistance Project aims to improve social assistance services delivery by ensuring equitable provision of benefits, access to services, and capacities to deliver such services, (ii) the TA for Management System and Legislative Mechanism for Nonprofit Organizations Project focuses on developing a legal framework of nonprofit organizations (NP0s), including charity organizations, industry associations, research institutions and academic societies, (iii) the TA for Policy Study on Strategic Options for Urbanization assists the PRC in developing a national urban development strategy including affordable housing in urban areas, and; (iv) the TA for Performance Evaluation Model for the Urban and Rural Subsistence Social Security, focuses on the implementation effectiveness of social assistance.

The proposed TA will build on the experiences and lessons learned from these ongoing ADB initiatives, and focus on the review and recommendations of amendments for the legal framework regulating social assistance programs. It is critical to strengthen the legal framework to improve the effectiveness and efficiency of the social assistance provision in the PRC. The proposed TA will also examine and learn international best practices on social assistance legal and regulatory framework including those covering social assistance programs provided by NPOs.

Project Rationale and Linkage to Country/Regional Strategy
Impact Improved efficiency and effectiveness of social assistance programs including social housing support
Project Outcome
Description of Outcome Improved legal and regulatory framework for social assistance, ensuring equitable access to basic social services.
Progress Toward Outcome

- Policy recommendations for improved legal and regulatory framework has been drafted, and discussed at the final workshop on 4 September 2014.

Comments from relevant government officials including the EA and resource persons will be incorporated in the final report.

- The final report (English version) will be completed by the middle of October 2014, and will be translated into Chinese. The Chinese version will be submitted to the government by December 2014.

The project final report has been completed as scheduled.

The Chinese version of the report has been also prepared.

The final report is under processing of publishing.

Implementation Progress
Description of Project Outputs

Analysis of the current legal and regulatory framework of social assistance in the PRC

Analysis on international best practices on social assistance.

Recommendations for strengthening the legal and regulatory framework of social assistance in the PRC

Improved awareness of government officials and other stakeholders of legal reforms needed for more equitable and efficient provision of social assistance through knowledge products and services

Status of Implementation Progress (Outputs, Activities, and Issues)

Recruitment of consultants almost completed and mobilized. A mission will be fielded for the inception meeting/workshop.

- Inception meeting was held on 16 April 2013, and the inception report was completed in May 2013.

- The interim workshop will be organized on 23 October 2013 to discuss the draft reports among experts and relevant government officials.

-Review mission fielded on 22-24 Oct 2013 and ADB participated in the workshop. The mission concluded that the revised reports (second draft) willbe submitted to EA and ADB by 5 Jan 2014. International study was also discussed and will be organize on Nov 2013. The draft interim and final reports will be submitted to the EA and ADB by March 2014 and 5 July 2014, respectively. The final workshop will be organized in July 2014.

The 2nd technical reports have been submitted to the EA and ADB in Jan 2014.

The EA conducted an international study tour in December 2013, and the summary of the international study tour has been submitted.

A draft interim report will be submitted to the EA and ADB in April 2014. (Since additional research for details of social assistance programs need to be done before preparing the draft interim report, the submission schedule has been reshceduled.)

A draft final report will be discussed at the final workshop in July 2014.

As of September 2014:

- The draft technical reports and final report have been circulated to the EA and ADB.

- The final workshop was held in Beijing on 4 September to discuss the draft reports and major policy recommendations.

- The EA well received the proposed recommendations and provided some more comments to complete the final report.

- All technical reports and final report (English) version will be completed by incorporating the comments collected at the final workshop by the middle of October 2014.

- The final report, English version, will be translated into Chinese and will be submitted to the government by December 2014.

- The project will be completed by 11 December 2014 as scheduled.

- The final report has prepared as scheduled, and it is under processing for publishing. For the purpose of publishing, the project completion date has been extended to December 2015.

Geographical Location
Summary of Environmental and Social Aspects
Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
Stakeholder Communication, Participation, and Consultation
During Project Design ADB held preliminary discussions with members of the National People's Congress and government agencies. More consultations with stakeholders will be organized during the fact-finding phase of the TA.
During Project Implementation

Consultation with the government and the discussion among experts have been conducted at the inception meeting.

Further consultation with the government has been conducted at the interim workshop and the final workshop.

The government well received the draft policy recommendations which were discussed at the final workshop.

The draft policy recommendations will be completed by incorporating comments collected at the final workshop by the middle of October 2014.

Business Opportunities
Consulting Services

Closely working with the Social Law Department, the TA will be undertaken by consultants with substantial expertise in social assistance, including social housing support. Two international and two national consultants will be engaged as individuals in line with ADB's procedures for recruitment of individual consultants: one international social assistance/welfare law expert for 6 person months (also the team leader); one international expert on non-profit organizations for 2 person months; one national social assistance legal specialist for 4 person months; and one national charity specialist for 2 person months. A detailed work plan will be developed in consultation with the EA/IA at the outset of the TA.

The consultants will be engaged by ADB in accordance with the ADB's Guidelines on the Use of Consultants (2010, as amended from time to time). The proceeds of the TA will be disbursed in accordance with the Technical Assistance Disbursement Handbook (2010, as amended from time to time).

Responsible ADB Officer Hiroko Uchimura-Shiroishi
Responsible ADB Department East Asia Department
Responsible ADB Division Public Mgt, Financial Sector and Regional Coop Division, EARD
Executing Agencies
National People's CongressNo. 23, Xi Jiao Min Xing
Beijing 100805
Timetable
Concept Clearance 04 Jul 2012
Fact Finding 09 Jul 2012 to 12 Jul 2012
MRM -
Approval 17 Sep 2012
Last Review Mission -
Last PDS Update 30 Mar 2015

TA 8161-PRC

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
17 Sep 2012 17 Oct 2012 17 Oct 2012 11 Dec 2014 11 Dec 2015 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
400,000.00 0.00 0.00 0.00 0.00 0.00 400,000.00 17 Sep 2012 268,617.65
Title Document Type Document Date
Streamlining Legal and Regulatory Framework for Social Assistance Technical Assistance Reports Sep 2012

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