Volunteer Service Regulations (Draft for soliciting opinions)

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

So as to develop the field of volunteer service and carry forward the volunteer spirit of dedication, brotherly love, mutual aid and improvement, to regulate volunteer service and protect the lawful rights and interests of volunteers, volunteer service organizations and the recipients of volunteer service and to advance the progress of civilization; the Ministry of Civil Affairs has drafted a "Volunteer Service Regulation" (Draft for Deliberation) and delivered it to the State Council. The Legislative Affairs Office of the State Council has solicited the comments of relevant departments and local people's governments, and worked with the Ministry of Civil Affairs to research and revise the deliberation draft and form this 'Volunteer Service Regulation' Draft for Solicitation of Comments' (Hereinafter 'comments draft'). So as to broadly hear the comments and suggestions of all aspects of society and to improve the quality of legislation, the comment draft is hereby released in full for solicitation of comments. Relevant units and all members of the public may submit comments by the following methods prior to June 5, 2016:

1. Log in to the Chinese Government's legal information network (URL: http://www.chinalaw.gov.cn), through the home page left side's"Laws and Regulations Drafts Public Comment Solicitation System", to submit comments on the Draft for Soliciting Opinions.

2. Send comments by letter to: Box 2067, Beijing city (postal code: 100035), and please specify on the envelope "Comment on the Volunteer Service Regulations".

3. Send comments via e-mail to: zyfw@chinalaw.gov. cn.

Legislative Affairs Office of the State Council

May 6, 2016

Regulation of Volunteer Service

(Draft for solicitation of comments)

Chapter I: General Provisions

Article 1: These Regulations are drafted so as to develop the field of volunteer service and carry forward the volunteer spirit of dedication, brotherly love, mutual aid and improvement, to regulate volunteer service and protect the lawful rights and interests of volunteers, volunteer service organizations and the recipients of volunteer service, and to advance the progress of civilization.

Article 2: These Regulations apply to conduct of volunteer service within the mainland territory of the People's Republic of China.

Article 3: "Volunteer Service" as used in these Regulations refers to voluntary and uncompensated public interest activities in which natural persons, legal persons or other organizations provide services to the public or to others.

Article 4: The carrying out of volunteer service shall follow the principles of lawfulness, voluntariness, non-compensation, equality and integrity; and must not violate social morals, and must not harm national security, the societal public interest or the lawful rights and interests of others.

Article 5: The State encourages and supports natural persons, legal persons, or other organizations in putting the socialist core values into practice, carrying out volunteer service in accordance with law.

People's governments at the county level or above shall place the field of volunteer service within the citizens' economic and social development plans, and reasonably arrange funding needed for volunteer service.

Article 6: National and local guidance organizations on building spiritual civilization are to establish coordination mechanisms for volunteer service work; and will strengthen the overall planning, coordination and guidance, supervision and inspection, and publicity and promotion of major models of volunteer service work.

The civil affairs department under the State Council is responsible for the entire nation's efforts on volunteer service; the civil affairs departments of people's governments at the county level or above are responsible for that administrative districts efforts on volunteer service.

The relevant departments of people's governments at the county level or above are responsible for volunteer service efforts in accordance with their own duties.

Relevant people's organizations and mass organizations complete work on volunteer service within the scope of their own work.

 

Chapter II: Volunteer Service Organizations and Volunteers

Article 7: "Volunteer Service Organizations" as used in these Regulations refers to lawfully established non-profit organizations that have carrying out volunteer service as their purpose.

Volunteer service organizations may adopt organizational forms such as foundations, social groups (社会团体), or social service organizations; and their registration is to be handled in accordance with relevant provisions of law and administrative regulations.

Article 8: Based on actual circumstances, volunteer service organizations shall set up Chinese Communist Party Organizations and carry out Party activities. Volunteer service organizations shall provide necessary requirements for Party organization activities.

Article 9: Volunteer service organizations may establish industry organizations in accordance with law, to give feedback on the industry's wants and promote industry communication and advance the development of the volunteer service field.

Article 10: "Volunteer" as used in this law refers to natural persons who participate in volunteer service through means such as their own time and knowledge, skills, physical strength.

Volunteers participating in volunteer service shall possess the corresponding civil capacity.

Article 11: Volunteers may sign up and register personal information such as their identity information, service skills, service times, and contact methods with volunteer service organizations.

Chapter III: Volunteer Service

Article 12: Volunteers may personally carry out volunteer service, and may also participate in volunteer service in accordance with volunteer service organizations' arrangements.

Article 13: Volunteer service organizations may recruit volunteers to carry out volunteer service as needed.

Volunteer service organizations recruiting volunteers to participate in volunteer service shall publicly announce all information related to the volunteer service, and give notice of risks that might occur in the course of service.

Article 14: Volunteer service organizations shall give volunteers training regarding volunteer service information and skills, and safety education.

Article 15: Volunteer service organizations will arrange for volunteers to participate in volunteer service appropriate to their age, education level, skills and physical condition; and must not request that volunteers provide volunteer service that exceeds their physical abilities.

Volunteers may refuse to provide volunteer service that exceeds their physical ability or the scope agreed upon.

Article 16: Units or individuals that have a need for volunteer service may apply to volunteer service organizations to receive volunteer services.

Units or individuals submitting applications shall provide volunteer service organizations with true, accurate, and complete information related to the volunteer service, and inform them of risks that may occur during the course of volunteer service.

Volunteer service organizations shall conduct a verification of information related to the volunteer service and promptly reply.

Article 17: In carrying out volunteer service, the volunteers, volunteer service organizations, and recipients of volunteer service shall reach consensus on the principle content of the volunteer service.

In any of the following situations, volunteers, volunteer service organizations, and the recipients of volunteer service shall sing a written volunteer service agreement among themselves:

(1) Where any party requests to sign a written agreement;

(2) Where there is a higher risk to personal safety;

(3) Where volunteer service is provided for large-scale public interest activities;

(4) Where three months or more of volunteer service is provided;

(5) Other circumstances where laws and regulations provide that a written agreement shall be signed.

Article 18: Volunteer service agreements usually include the following content:

(1) the content, time and place of the volunteer service;
(2) the rights and obligations of the parties;
(3) Safety and protection measures;
(4) Modification and dissolution of the agreement;
(5) responsibility for breach and dispute resolution methods;

(6) Other matters need to be clarified.

Article 19: Volunteer service organizations shall provide volunteers participating in volunteer service with the necessary work conditions and safety guarantees, help volunteers resolve difficulties encountered in the course of volunteer service, and preserve volunteers' lawful rights and interests.

Before volunteer service organizations arrange for volunteers to participate in volunteer service where personal injury might occur, they shall purchase accidental personal injury insurance for the volunteers.

Article 20: Volunteers shall perform the obligations agreed upon in the volunteer service agreement. When volunteers are for some reason unable to participate in or complete the volunteer service agreed upon, they shall promptly give notice.

Article 21: Volunteer service organizations and volunteers carrying out volunteer service may use the uniform volunteer services symbol.

Article 22: The personal dignity of recipients of volunteer service and of volunteers shall be respected in carrying out volunteer service, and the individual privacy of recipients of volunteer service and of volunteers must not be violated, and compensation must not be received or covertly received from the recipients of volunteer service.

Article 23: The State encourages volunteers possessing specialized knowledge and skills to provide specialized volunteer service.

The carrying out of volunteer service that require specialized skills shall implement standards and rules formulated by the State or industry organizations.

Article 24: The recipients of volunteer service shall provide necessary work conditions for the carrying out volunteer service and give notice of safety risks and preventive measures related to volunteer service.

Article 25: Volunteer service organizations shall faithfully record volunteers' basic personal information, volunteer service situations, training situations, commendation and reward situations, evaluation situations and other information, and shall collect them for the volunteer service information system unified or designated by the civil affairs department of the State Council.

Where volunteers need proof of volunteer service for academic advancement, engaging in advanced studies, employment or other reasons, volunteer service organizations shall provide free and faithful proofs based on volunteer service records.

The civil affairs department of the State Council shall join with relevant units to formulate measures on volunteer service records and the issuance of volunteer service proofs.

Article 26: Without the consent of the volunteer himself, volunteer service organizations and recipients of volunteer service must not make public or disclose their [the volunteer's] information.

Article 27: When major natural disasters, accidental disasters and public health incidents or other emergencies occur, relevant people's governments shall establish coordination mechanisms to provide information on needs and to guide volunteer service organizations and volunteers to promptly and orderly carry out volunteer service.

Article 28: Units and individuals must not forcibly appoint volunteers and volunteer service organizations to provide volunteer service, and must not carry out for-profit activities by exploiting the name of volunteer service.

 

Chapter IV: Promotion Measures

Article 29: People's governments at the county level or above shall, in accordance with the social and economic development situation, formulate policies and measures to promote of the development of the volunteer service field.

People's governments at the county level or above and the relevant departments thereof shall, within the scope of their own duties, provide guidance and aid for volunteer service.

Article 30: The State encourages enterprises, public institutions, basic level mass autonomous organizations, and other organizations to provide venues and other facilitation of volunteer service.

Article 31: Schools, homes, and society shall cultivate young people's sense of volunteer service, encouraging and supporting young people to participate in volunteer service within their ability.

Administrative departments for education of people's governments at the county level or above shall join with relevant units in drafting comprehensive assessment measures for student volunteer service at all levels and all kinds of school.

Schools of higher learning may include student participation in volunteer service within their administration of practicum credits.

Article 32: All levels of people's government and their relevant departments may lawfully use methods such as purchase of services to support eligible volunteer service organizations in providing volunteer service to the public, and follow the relevant laws and regulations on government procurement to report relevant situations to the public such as a directory of service purchasing projects, service standards, and funding budgets.

Article 33: Where natural persons, legal persons and other organizations donate assets for use in volunteer service , they receive tax benefits in accordance with law.

Article 34: Volunteers or volunteer service organizations making outstanding performance in developing the field of public service are to given commendations and rewards in accordance with relevant provisions.

Volunteers or volunteer service organizations making outstanding performance in developing the field of public service are to given commendations and rewards in accordance with relevant provisions. During civil service recruitment, attention shall be paid to volunteer service during the observation period.

Article 35: Local people's governments at the county level or above may, on the basis of actual conditions, employ measures to encourage venues such as public cultural and sports facilities, parks and tourist attractions to give preferential treatment to volunteers with good volunteer service records.

Article 36: People's governments at the county level or above establish and complete systems for statistics and release of volunteer service information.

People's governments at the county level or above shall promptly disclose information on volunteer service to the public through a unified volunteer service information system.

Article 37: Media such as radio, television, press, and the web shall actively conduct publicity and education activities about volunteer service and spread volunteer culture.

 

Chapter V: Legal Responsibility

Article 38: Where personal or financial injuries occur during the course of volunteer service, the relevant units or individuals bear corresponding civil liability in accordance with law.

Article 39: Where volunteer service organizations have any of the following situations, the civil affairs departments will give a warning and order corrections be made within a stated time; where corrections are not made within the stated time, order activities temporarily suspended for a fixed time and that corrections be made:

(1) disclosing private information of volunteers or recipients of volunteer service;

(2) receiving compensation, or covertly receiving compensation, from the recipients of volunteer service;

(3) not providing necessary working conditions and safety protections for volunteers;

(4) recruiting volunteers for volunteer service without informing them of all information related to the volunteer service or risks that might occur in the course of volunteer service.

(5) not buying personal accident insurance for volunteers in accordance with provisions.

Where volunteer service organizations have situations provided for in the preceding paragraph, and within one year of its disposition in accordance with law, a situation provided for in the preceding paragraph occurs again, or where there are other serious situations, the civil affairs departments will revoke their registration certificates and make a public announcement.

Article 40: Where volunteer service organizations do not issue proofs of volunteer service to volunteers, or falsify volunteer service records and proofs of volunteer service, they will be given warnings and ordered to make corrections by the civil affairs departments; where corrections are not made within the time allowed, they will be ordered to stop activities for a period of time.

Article 41: Units and individuals carrying out for-profit activities in the name of volunteer service will be investigated and handled in accordance with law by departments such as those for civil affairs, public security, and industry and commerce.

Article 42: Where civil administration departments and other relevant departments of people's governments at the county level or above, or their staffs, have any of the following situations, the relevant departments at the level above or the supervisory organ will order corrections; where a punishment shall be given in accordance with law, the organ for hiring and terminations, or the supervisory organ, gives sanctions to the persons who are directly in charge and other directly responsible personnel;:

(1) forcibly assigning volunteers or volunteer service organizations to provide service;

(2) failure to perform oversight and management duties in accordance with law;

(3) Other conduct abusing professional powers, dereliction of duties, or improper conduct for personal gain.

Article 43: Where violations of provisions of these Regulations constitute a violation of public security administration, the public security organs will give public security administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

 

Chapter VI: Supplemental Provisions

 

Article 44: Refer to these regulations for enforcement on volunteer service carried out by organizations or units other than volunteer service organizations.

Article 45: These Regulations are to take effect on ________.

 

 

About China Law Translate 817 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*