志願服務法

This Act is enacted to integrate the human resource of the society, and effectively utilize the civil forces that are willing to participate in volunteer service, so as to carry forward the virtue of volunteer service, promote social constructions, and improve the life quality of the citizens. Volunteer services shall be performed in accordance with this Act unless otherwise prescribed in other laws.

The scope of application of this Act covers the service plans sponsored by the competent authorities or the regulating departments of objective undertakings, or examined and deemed by them as confirmed with public interests. The above-mentioned service plans don’t include the volunteer service plans executed solely, occasionally, or due to family or friendship reasons.

The terms used in this Act are defined as follows: 1. Volunteer service: various assistant services provided by the public, not at their obligations or legal liabilities but at their own free will, and based on their heartiness, knowledge, physical ability, labor, experience, skill and time, to make contributions to the society without aiming to acquire rewards but just aiming to improve the efficiency of public affairs and enhance the public interests of the society. 2. Volunteer servants (hereinafter referred to as “volunteers”): those who offer volunteer service to the society. 3. Volunteer service exercisers: departments, institutions, schools, corporations, or organizations registered at the government, which exercise volunteer service.

The competent authorities referred to in this Act are the Ministry of Health and Welfare at central government level, the municipal governments at the municipality level, and the county (city) governments at the county (city) level. The affairs specified in this Act that associate with the authority of regulating department of each objective should be governed individually by each regulating department. The competent authorities and regulating department of each objective named above shall govern the planning and implements of the rights, obligations, recruitment, education and training, commendations and rewards, welfare, security, promotion and appeal of volunteer workers. The authorities and responsibilities are as followed: 1.Competent Authorities: Govern the coordination of two or more regulating departments that conduct social services, and also other integrated planning affairs. 2.Regulating Departments: Govern fields of public interests such as social services, education, counseling, culture, science, physical education, fire rescue, disaster rescue, traffic safety, environmental protection, hygiene and health care, cooperation and development, economy, research, exploitation of volunteers’ workforce, development of joint cooperation, and improvement of volunteer services, etc.

The competent authorities and industrial competent authorities shall dedicate personnel to handle matters with respect to voluntary service; the number of such personnel shall be determined by the respective competent authority and industrial competent authority in accordance with each of their actual business needs. The coordination task of the voluntary service for the integration of related matters in planning, researching, coordinating and developing community resources and innovating community service projects shall be held at least one (1) time per year. For units employing volunteer service, communicative counseling shall be strengthened and necessary assistance shall be offered.

The central competent authority shall conduct a research survey of voluntary service at least every five years, and publish statistical reports.

A volunteer service exerciser may recruit volunteers independently or jointly with other exercisers, and shall publicize a volunteer service plan upon recruitment. The pubic or private-operated institutions collectively engaged in volunteer service shall sign service agreements with the volunteer service exercisers.

A volunteer service exerciser shall exercise the volunteers according to the volunteer service plan. The above-mentioned volunteer service plan shall include the recruitment, training, management, exercise, support and evaluation of volunteers as well as service items. To exercise volunteer service, an exerciser shall submit a volunteer service plan and the photostat copy of the registration certificate to the competent authority and the regulating department of the objective undertaking involved in the volunteer service plan for recording, and shall, within 2 months commencing from termination of exercise, report by letter the proceedings of the volunteer service plan to the competent authority and the regulating department for review. Where the period of exercise is 2 years or longer, the exerciser shall, within 2 months commencing from termination of each year, report the proceedings to the competent authority and the regulating department for review. Where the volunteer service plan conforms to the purpose of existence described in the constitution of government department, institution, public school, or volunteer service exerciser, the exerciser need not to apply for registration before to exercise, but shall, within 2 months commencing from termination of each year, report the proceedings to the competent authority and the regulating department for review. Where a volunteer service exerciser doesn’t submit the necessary documents for recording or review pursuant to the above two paragraphs, the regulating department of the objective undertaking involved in the volunteer service plan shall not provide fund support, and as it as a reference for evaluating the service performance.

Upon recording a volunteer service plan pursuant to Article 7, where it is found that the volunteer service plan doesn’t meet this Act or other laws and decrees, the competent authority and the regulating department of the objective undertaking involved in the volunteer service plan shall immediately notify the volunteer service exerciser to make supplementation or correction prior to recording.

To improve the work quality of volunteer service and ensure the rights and interests of the served persons, volunteer service exercisers shall provide their volunteers with the following trainings: 1. Basic training. 2. Special training. The courses of the training referred to in Subparagraph 1 shall be determined by the central competent authority, and the courses of the training in Subparagraph 2 shall be determined by the regulating departments of the objective undertakings or the volunteer service exercisers depending on the individual requirements.

Volunteer service exercisers shall, according to the work contents and characteristics of the volunteers, make sure that the volunteers provide services under environments of appropriate safety and hygiene conditions.

Volunteer service exercisers shall provide necessary information on the volunteers, and designate dedicated personnel to supervise volunteer services.

Volunteer service exercisers shall grant volunteer service certificates and service record books to their volunteers. Regulations on management of the above-mentioned volunteer service certificates and service record books will be prescribed by the central competent authority.

The work that requires professional licenses shall be done by the volunteers who hold the licenses.

A volunteer has the following rights: 1.To accept education and training insufficient for assuming the work. 2.To be treated equally without discrimination, and his freedom, dignity, privacy and belief shall be respected. 3.To work under environments of appropriate safety and hygiene conditions guaranteed according to the nature andcharacteristics of work. 4.To acquire complete information on the work to be done. 5.To participate in preparation, design, implementation and evaluation of volunteer service plans.

A volunteer shall burden the following obligations: 1.To observe the moral rules. 2.To observe the regulations prescribed by the volunteer service exerciser. 3.To attend the education and training provided by the volunteer service exerciser. 4.Use the voluntary service certificate properly. 5.To respect the rights of the served persons. 6.To keep confidential the information acquired in service 7.To reject the rewards paid by the served persons. 8.To appropriately store the usable resources provided by the volunteer service exerciser. The moral rules referred to in Subparagraph 1 shall be prescribed by the central competent authority based on negotiation with the related departments.

Volunteer service exercisers shall effect accident insurance for their volunteers, and may subsidize traffic, dining and special insurance where necessary.

Where a volunteer who performs well in volunteer service needs a volunteer service performance certificate for entrance into a school of higher grade, advanced study, employment or other reasons, the volunteer service exerciser shall produce him/her a service performance certificate. The central competent authority shall call the regulating departments of objective undertakings and the municipal or county (city) governments together to negotiate on and determine the authentication and certificate format of the above-mentioned service performance.

Every industry competent authority may, depending on respective business needs, allocate old devices and equipment free of charge to relevant units which employ volunteer services for their use.

Volunteer service exercisers shall periodically evaluate the service performance of individual volunteers and teams. The competent authorities and the regulating departments of objective undertakings may select models from those who have performed excellently in volunteer service, and provide awards for them. The competent authorities and the regulating departments of objective undertakings shall periodically handle volunteer service appraisal for the departments promoting volunteer services and the volunteer service exercisers. The competent authorities and the regulating departments shall provide awards for the departments and the exercisers that get excellent grades in the above-mentioned appraisal. Excellent performance in volunteer service shall be provided with awards, and may be listed as a part of performance for entering a school of higher grade or seeking employment. Measures of the above-mentioned awards shall be separately prescribed by the competent authority of each level and the regulating department of objective undertakings.

A volunteer who has served for more than three (3) years and accumulated more than three hundred (300) hours may submit documentary identification to the local competent authority to apply for the issue of a voluntary service honor card. Volunteers awarded a voluntary service honor card shall be admitted free of charge to public scenic spots, recreational venues, and cultural and educational facilities which require entrance charges. After the amendment and enforcement of this Law, the benefit of half price set forth under regulations of Paragraph 1 and 2 shall apply mutatis mutandis to members who have served for more than three (3) years and accumulated more than three hundred (300) service hours in civil defense organizations, volunteer police, volunteer traffic police, volunteer firefighters, neighborhood watch, mountain volunteer police, disaster prevention and relief groups, and disaster prevention and relief volunteer groups which are organized pursuant to regulations of other laws.

A volunteer who has performed well in volunteer service and has been confirmed may preferentially attend the related substitute service of military service; and the regulations shall be prescribed by the central competent authority.

Where a volunteer illegally infringes the rights of someone lese purposely or due to negligence during the process of providing volunteer service under the directions of the volunteer service exerciser, the liabilities for damages shall be assumed by the volunteer service exerciser. In the above-mentioned occasion, where the volunteer commits the action purposely or gross negligence, the volunteer service exerciser may claim compensation from the volunteer.

The competent authorities, the regulating departments of the objective undertakings involved in volunteer service plans, and the volunteer service exercisers shall list funds in budget or combine social resources to promote volunteer service.

This Act is also applicable where a volunteer service exerciser sends volunteers abroad to provide volunteer service and the volunteer service plan has been reviewed and approved by the competent authority and the regulating departments of objective undertakings.

This Act will take effect as of the date of promulgation.