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has been replaced, please pay attention to the authenticity of the letter. Notify all relevant authorities of the official seal style. Take the changed official seal style to the relevant tax and commerce departments for retention. The original official seal can be handed over to the archives department for preservation or destruction.
Legal analysis. 1. Medical expenses:
Medical expenses are based on the receipt of medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with medical records.
and proof of diagnosis and other relevant evidence.
2. Lost time pay.
Lost time pay is determined based on the victim's lost time and income.
3. Nursing fee:
The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
4. Transportation expenses:
Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**.
5. Hospitalization meal subsidy:
The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs.
6. Nutrition fee:
The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.
7. Disability compensation:
Disability compensation depends on the degree of incapacity or disability of the victim.
According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, it is calculated as 20 years from the date of determination of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Legal basis. Article 19 of the Measures for the Administration of Public Security of Seals shall comply with the following provisions when undertaking the engraving of seals:
1) The public security organs should be inspected.
Filing or certificate of authenticity issued;
2) Register the name of the entrusting seal, the name of the legal representative or person in charge, the name of the person in charge, and the number of the citizen identity card.
In accordance with the regulations, the name, style, specification and quantity of the seal shall be registered item by item, and shall be kept for five years for inspection;
3) Designate a special person to be responsible for undertaking the seal business, keeping the seals produced and destroying the invalid seal blanks;
4) For seals that have not been collected for more than three months, they shall be registered and sent to the public security organ that originally filed or approved the engraving for handling;
5) Report the production of seals to the local public security organ before the 10th of each month.
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Don't be in a hurry to destroy it first, and keep it by the relevant departments for the time being, because some procedures still need to use the old man's seal and seal.
Legal basis: Article 24 of the "Provisions on the Management of the Seals of State Administrative Organs, Enterprises, Institutions and Social Organizations" Article 24 If the seals of state administrative organs, enterprises, institutions and social organizations cease to be used due to the revocation of the unit, the change of name or the replacement of new seals, they shall be promptly sent to the seal issuing organ for sealing or destruction, or shall be handled in accordance with the provisions separately formulated by the Ministry of Public Security in conjunction with relevant departments.
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Legal analysis: seals cannot be burned, especially copper seals, which can be scraped off or cut off with a knife, and then discarded.
If it is a corporate seal, then the unification, management and destruction of waste seals is an important step in the seal management process, and it is also a link that is easy to be ignored.
When the seal of the legal entity cannot continue to be used due to cancellation, name change, change of legal representative, adjustment of internal organization, and serious wear and tear of the seal due to long-term use, the seal shall be returned to the document department for registration and sealing, and the document department shall go through the formalities according to the approval procedures and destroy it safely. The seal manager shall record the relevant information in a timely manner, and pay attention to the collection and archiving of the evidence materials.
If the company is deregistered, the discarded seal should be handed over to the industrial and commercial department for destruction and registration.
Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.
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According to the "Measures for the Administration of Public Security of Seals":
Article 15. After the use of the seal is stopped, the user unit shall return all the seals to the competent department at the higher level or the registration management organ for sealing within 10 days; and where it is not submitted within the time limit, it shall be collected by the competent department at the level above or the registration management organ.
The competent department at a higher level or the registration management organ shall register and make a register of the seals that have been returned and confiscated, and send them to the public security organ that has filed or approved the engraving within 10 days. The public security organs are required to store the returned and confiscated seals for two years, and if there are no special circumstances, they are to be destroyed after the period of pre-storage is completed.
Article 8 Enterprises, public institutions, civil affairs departments registered non-governmental organizations, village (resident) committees, coordination bodies and non-permanent institutions need to engrave seals, they shall apply to the local people's public security organs at or above the county level to go through the formalities for approval with the engraving certificate issued by the competent department at a higher level and the approval text for the establishment of the unit.
Where there is no competent department at a higher level, they shall apply to the local public security organ at or above the county level to go through the formalities for approval with the business license or registration certificate issued by the registration management department or the certificate issued by the local public security police station.
The personnel handling the quasi-engraving procedures shall hold the entrustment certificate of the engraving unit and their own identity certificate; If the formalities for the approval of the person's name seal are handled, the identity certificate of the person's name engraved in the name seal shall be provided at the same time.
The people's public security organs at or above the county level shall make a decision on whether to issue the formalities within three working days of receiving the application. For those who meet the requirements, a certificate of compliance shall be issued; If the conditions are not met, the applicant shall be notified in writing and the reasons shall be explained.
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Procedures for the invalidation of official seals:
The certificate of application for re-engraving of the seal issued by the invalidation of the official seal shall be returned to the public security organ for destruction, and a copy of the "business license", a copy of the ID card of the legal representative, and two copies of the ID card of the person in charge shall be held.
The following information needs to be provided for the record:
1. A copy of the copy of the Business License.
2. 2 copies of the ID card of the person in charge.
3. The enterprise shall issue a certificate of engraving, a power of attorney of the legal person, and a certificate of destruction.4 One copy of the ID card of the legal representative.
5 Old official seal.
6. If the date of establishment of the business license is inconsistent with the date of issuance, the notice of approval and change of the industrial and commercial bureau shall be provided.
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Legal analysis: The use of the invalid official seal is illegal and invalid. Where losses have already been caused to a third party, compensation shall be made for the losses.
If the seals of state administrative organs, enterprises, public institutions, and social organizations cease to be used due to the revocation of the unit, the change of name, or the use of a new seal, they shall be promptly sent to the seal issuing organ for sealing or destruction, or shall be disposed of in accordance with the provisions separately formulated by the Ministry of Public Security in conjunction with relevant departments. If a supplementary agreement is signed with an invalid official seal, it is a situation where the contract is signed in a fraudulent manner, and the contract is invalid, and the circumstances are serious and will constitute the crime of contract fraud.
Legal basis: Article 18 of the Labor Law of the People's Republic of China The following labor contracts are invalid: (1) labor contracts that violate laws and administrative regulations; (2) Labor contracts concluded by means of fraud, threats, or other means.
An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part. The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
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Legal analysis: Don't rush to destroy and dismantle the large, temporarily keep it by the relevant departments, because some procedures still need to use the old man's seal and seal.
Legal basis: Article 24 of the "Provisions on the Management of the Seals of State Administrative Organs, Enterprises, Institutions and Social Organizations" Article 24 If the seals of state administrative organs, enterprises, public institutions, and social organizations cease to be used due to the revocation of the unit, the change or replacement of the name of the person with a new seal, it shall be promptly sent to the seal making and issuing organ for vertical sealing or destruction, or shall be handled in accordance with the provisions formulated separately by the Ministry of Public Security in conjunction with relevant departments.
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