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深圳市义工服务条例 Regulations of the Shenzhen Municipality on the Services of Volunteers

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深圳市人民代表大会常务委员会公告第125号

(Adopted at the Thirty-Sixth Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on February 25, 2005, approved at the Seventeenth Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on March 30, 2005)

颁布日期:20050413  实施日期:20050701  颁布单位:深圳市人大常委会

  Chapter I General Provisions

  Article 1 In order to encourage and normalize the volunteer service activities, promote the healthy development of the cause of volunteer services, boost the socialist morale, and advance social harmony, these regulations are hereby formulated in accordance with the related laws, regulations, and in the light of the practical conditions of this city.

  Article 2 These regulations shall apply to the volunteers, volunteer service organizations and their activities within the administrative regions of this municipality.

  Article 3 The volunteers referred to in these regulations shall mean the personnel who proceed from devotion, friendship and love, mutual assistance and social responsibility, and voluntarily offer their own resources such as time, skills, etc., after registration, to develop social services and public welfare activities without pay.

  The volunteer service organizations referred to in these regulations shall mean the non-profit mass organizations as legal persons which have registered to engage in the volunteer service activities only and also group volunteers such as offices, non-profit institutions, social groups, etc., which undertake the volunteer services.

  Article 4 The volunteer service activities shall follow the principle of voluntarism, legality, honesty, thrifty and no profit.

  Article 5 The scope of volunteer services shall include assisting the elderly and coming to aid of the weak, helping the poor and succoring those in difficulties, supporting education and backing up schools, protecting the environment, serving communities and engaging in other public welfare activities.

  Article 6 The Shenzhen Municipal Federation of Volunteers (hereinafter referred to as the municipal federation of volunteers) shall be responsible for organization, coordination of the city-wide volunteer service activities, the various district federations of volunteers (hereinafter referred to as the district federation of volunteers) shall be responsible for organization, coordination of the volunteer service activities within their respective administrative regions.

  The volunteer service activities shall accept the direction and supervision of the Communist Youth League and other related departments.

  Article 7 The municipal, district people‘s governments shall bring the volunteer services into line with the category of harmonious development of society, provide necessary financial aid and support for the volunteer services.

  The related departments of public security, urban management, civil administration, etc., shall support the volunteer service within the scope of their respective duties.

  Article 8 Government offices, social organizations, enterprises, institutions, schools and other organizations shall encourage the volunteer service activities, propagandize voluntarism, and maintain the legal rights of volunteers and volunteer service organizations.

  Chapter II Volunteers

  Article 9 Volunteers shall meet the following requirements:

  (1) to engage in the volunteer services of their own accord;

  (2) to have corresponding capacity for civil disposition;

  (3) to satisfy the physical requirements for the volunteer service activities;

  (4) to have corresponding capacity for providing services.

  The requirements for group volunteers shall be defined by the articles of the

  municipal federation of volunteers.

  Article 10 Volunteer service organizations shall establish a volunteer registration system.

  The persons engaging in the volunteer services shall apply to a volunteer service organization and register, the organizations engaging in the volunteer services shall apply to the municipal or district federation of volunteers and register.

  A volunteer service organization may recruit temporary volunteers according to the needs of the volunteer service activities and report them to the municipal or district federation of volunteers for record.

  Article 11 Volunteers shall enjoy the following rights:

  (1) to participate in or withdraw from a volunteer service organization of their own free will;

  (2) to take part in the service activities launched by volunteer service organizations;

  (3) to require the necessary conditions and security for the volunteer services;

  (4) to ask volunteer service organizations to help resolve the actual difficulties which they are confronted with during the period of volunteer services;

  (5) to put forward suggestions, criticism to volunteer service organizations and to supervise these organizations;

  (6) to have a preference to get the volunteer services when facing difficulties.

  Articles 12 Volunteers shall perform the following obligations:

  (1) to abide by the articles of volunteer service organizations;

  (2) not to collect remuneration or borrow money, borrow articles, seek personal gain from the served;

  (3) not to receive donations during the period of services from the served;

  (4) to protect the privacy of the served;

  (5) neither to organize nor to participate in the activities contrary to the principle of the volunteer services in the name of volunteers or volunteer service organizations.

  Article 13 Volunteers shall, under the arrangements of volunteer service

  organizations, carry out the volunteer services and complete the task of services.

  Without approval from volunteer service organizations, any unit and individual shall not launch activities in the name of volunteer service organizations.

  Article 14 Volunteer service organizations shall safeguard the legal rights of volunteers during the period of services.

  Volunteer service organizations may provide corresponding personal insurance for the volunteers participating in the volunteer service activities according to the needs of the volunteer services.

  Article 15 Volunteers shall wear the uniform badges of volunteer services when engaging in the volunteer services.

  The measures on the use and administration of certificates, badges of volunteer services shall be formulated by the municipal federation of volunteers in a unified way.

  Chapter III Volunteer Service Organizations

  Article 16 The articles of volunteer service organizations shall include the items such as the registration of volunteers and volunteer service organizations, the rights and obligations of volunteers, and the creation, organizational structure, duties of volunteer service organizations, etc.

  Article 17 The duties of volunteer service organizations shall be as follows:

  (1) to work out the rules, regulations on volunteer service activities;

  (2) to establish, improve the file systems of volunteers and volunteer service activities;

  (3) to recruit, train, direct, administer, supervise and commend volunteers;

  (4) to organize the volunteer service activities;

  (5) to do propaganda and exchange on the volunteer services;

  (6) to provide the necessary security for the volunteer services.

  Article 18 When developing the volunteer service activities, volunteer service

  organizations shall comply with laws, regulations and the rules of their own organizations and may not engage in the activities for profit.

  Article 19 Volunteer service organizations may separately or jointly recruit volunteers. During the recruitment, the plans of volunteer services shall be made public in an appropriate way.

  Volunteer service organizations shall develop the volunteer service activities according to the plans of volunteer services. The plans of volunteer services shall include the items such as the recruitment, training, use, assessment of volunteers and service projects, etc.

  Article 20 When a group volunteer, as a collective subject, is developing the volunteer service activities, it shall report its plan of volunteer services and the volunteer service activities to a federation of volunteers, of which it is a member, for record.

  Article 21 The funds of volunteer service organizations shall include government aids, communities‘ donations and financial support, and other legal income, and be earmarked for specified purposes only.

  The funds of volunteer service organizations shall be raised, spent, and managed in line with the rules and under supervision of the related government departments, donors, contributors and volunteers. The state of fund-raising, spending shall be made public to society on the regular basis.

  Chapter IV Volunteer Services

  Article 22 If any individual or unit needs the volunteer services, an application for the services may be filed to a volunteer service organization.

  Article 23 The following materials shall be submitted to apply for the volunteer services:

  (1) an written application for the volunteer services;

  (2) the ID certificate of an applicant or a unit‘s certificate;

  (3) the description of the services applied for and other related materials;

  If an applicant is a person who has no civil capacity or has qualified civil capacity,

  an application shall be filed by this person‘s guardian or legal agent instead.

  Article 24 After accepting an application for the services, a volunteer service organization shall, according to the application of the served and the practical conditions, provide the volunteer services in its capability after confirmation; in case of being not capable of providing the services, a reply shall be given to the applicant.

  When providing the volunteer services, more than two volunteers shall participate, except that the service project has special requirements.

  Article 25 A volunteer service organization may sign a service agreement with the served to define both parties‘ rights and obligations and the way to settle disputes.

  In the course of services, the volunteer service organization and the served shall perform the agreement; if one party wants to change or cancel the agreement, both parties may settle the issue through consultation.

  Article 26 The served shall, according to the service agreement and the contents and features of the services, ensure that volunteers provide the services in a safe environment.

  The served may, according to the practical conditions of their own, provide necessary special training and corresponding security of materials for volunteers participating in the services.

  Chapter V Commendation and Encouragement

  Article 27 Volunteer service organizations shall establish a system of assessment and commendation of volunteers.

  Volunteer service organizations may set up specific systems such as accumulation of time and evaluation of achievements as a basis for assessment and commendation of volunteers.

  Article 28 Volunteer service organizations shall issue certificates of honor to the volunteers who meet the requirements for commendation.

  Article 29 When the related units are hiring workers, admitting students, they shall be encouraged to give preferential treatment in employment and admission to the persons with the experience of volunteers in comparison to non-volunteers with the same qualifications in other respects. Specific measures of encouragement shall be separately formulated by the related departments of governments or the units to hire workers and to admit students.

  Article 30 The news media shall propagandize the volunteer services for public interests without any charge. As for those volunteers or volunteer service organizations distinguishing themselves by their services, the news media may cover them after obtaining their approval.

  Chapter VI Legal Liabilities

  Article 31 If an volunteer has done damage to the served or the third party during the period of services according to the arrangements of a volunteer service organization, the related volunteer service organization shall be held liable for the civil responsibility according to law, except that the volunteer service organization and the served have other agreements.

  After bearing the civil responsibility, the volunteer organization shall have the right to recover part or whole compensation from the volunteer who has active negligence or gross negligence.

  Article 32 If the served has done damage to a volunteer in the course of accepting the services, the served shall be held liable for the civil responsibility according to law, volunteer service organizations shall support the volunteer to recover the loss from the related served, and provide necessary assistance.

  Article 33 In case of taking the name, mark and related materials of a volunteer service organization as one‘s own to commit illegal activities, the volunteer service organization shall have the right to ask the related offices to investigate into this person’s corresponding legal responsibility according to law.

  Article 34 If the personnel of volunteer service organizations have taken illegal acts such as practicing favoritism and engaging in irregularities, misusing public funds, etc., they shall be held liable for the corresponding legal responsibility according to law; if a crime has been constituted, a judicial office shall investigate into the criminal responsibility according to law.

  Chapter VII Supplementary Provisions

  Article 35 These regulations shall take effect as of July 1, 2005.

  Article 36 As for those who are sent to other places to undertake volunteer services after approval by the municipal federation of volunteers, these regulations shall be taken as reference.

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