Regulations of Beijing Municipality on Promotion of Volunteer Services

 2018-05-31  15


Regulations of Beijing Municipality on Promotion of Volunteer Services


· Document Number:Announcement No. 62 of the Standing Committee of the People's Congress of Beijing Municipality

· Area of Law: Government Affairs

· Level of Authority: Provincial Local Regulations

· Date issued:09-14-2007

· Effective Date:12-05-2007

· Status: Effective

· Issuing Authority: Beijing Municipality

 

Announcement of the Standing Committee of the People's Congress of Beijing Municipality
(No. 62)
The Regulations of Beijing Municipality on Promotion of Volunteer Services, adopted at the 38th Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on September 14, 2007, is hereby promulgated and shall come into effect on December 5, 2007.
Standing Committee of the 12th Municipal People's Congress of Beijing
September 14, 2007
Regulations of Beijing Municipality on Promotion of Volunteer Services
(Adopted at the 38th Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on September 14, 2007)
Article 1 These Regulations are formulated for the purposes of carrying forward such spirits of volunteer services as contribution, fraternity, mutual aid and progress, enhancing the consciousness of citizens on volunteer services, regulating volunteer service activities, ensuring the lawful rights and interests of volunteers and promoting the development of the course of volunteer service and in light of the actual circumstances of this Municipality.
Article 2 These Regulations shall apply to the volunteer service activities implemented in the organizational forms within the administrative areas of this Municipality.
If, as to the volunteer service activities, otherwise specifically provided by laws or administrative regulations, those provisions of such laws or administrative regulations shall be implemented.
Article 3 The term “volunteer services” in these Regulations means the welfare activities of rendering voluntary and gratis service to others and the society.
The term “volunteers” in these Regulations means the persons who voluntarily render services and aid to the society and others by using such resources as their own time and skills with no aim of material returns.
The term “volunteer organizations” in these Regulations means the non-profit making social groups legally established by the municipal and the district or county volunteer associations and all kinds of professional volunteer associations to specially engage in volunteer service activities.
Article 4 The volunteer organizations shall, in accordance with their Articles of Association, organize the volunteers to carry out volunteer service activities.
The State organs, social groups, enterprises, public institutions, grass-roots self-governing organizations and other social organizations may organize the volunteers of their respective units, systems and communities to carry out the volunteer service activities.
Article 5 An individual may register at a volunteer organization and become a registered volunteer.
A social organization meeting the provisions of the Articles of Association of a volunteer organization may apply for joining the organization and becoming one of its group members.
Article 6 This Municipality shall establish the coordination mechanism for volunteer services.
Beijing Volunteer Association shall be responsible for guiding the development of volunteer services in this Municipality.
Article 7 Volunteer service activities shall follow such principles as voluntariness, equality, no charge, good faith and legality.
Article 8 The whole society shall respect the labor of volunteers; and the rights and interests of volunteers shall be protected by laws.
Article 9 This Municipality shall encourage and support the development of the course of volunteer services and advocate the development of volunteer service activities in such fields as education, science, culture, hygiene, sports and environmental protection and the large-scale social activities; and advocate the provision of volunteer services to the disabled, minors, elders, laid-offs and other social groups and individuals who have difficulties and need help.
Article 10 The volunteer organizations may recruit volunteers from the society; the organizations other than the volunteer organizations which intend to recruit volunteers from the society within the administrative areas of this Municipality shall entrust the volunteer organizations to recruit the volunteers. Relevant provisions of the State shall be implemented in recruiting overseas volunteers.
When recruiting volunteers, the volunteer organizations shall publicize true, correct and complete information related to the volunteer service projects and clearly notify the risks that may arise during the process of rendering volunteer services.
Article 11 It is advocated that the organizations or individuals with the demand for volunteer services acquire volunteer services through the volunteer organizations.
Article 12 The volunteer organizations shall strengthen their mutual contact and coordination, publicize the information related to volunteer services and organize the development of such activities as trainings, consultations, propaganda and exchanges.
Article 13 The volunteer organizations and volunteers, and the volunteer organizations and the organizations or individuals who accept the volunteer services shall, through negotiation, reach a consensus on the main contents of volunteer services. Where any party requires to sign a written agreement, a written agreement shall be signed.
Where the volunteer organizations arrange volunteers to engage in volunteer service activities in one of the following circumstances, the written volunteer service agreements shall be signed:
(1) with high risks to personal safety, physical and mental health;
(2) full-time services for more than three consecutive months;
(3) provision of volunteer services in large-scale social activities;
(4) organizing volunteers to carry out volunteer service activities outside the administrative areas of this Municipality; or
(5) organizing overseas volunteers to carry out volunteer service activities.
Article 14 A volunteer service agreement shall include the following main contents:
(1) the contents, time and place of volunteer service;
(2) the requirements for participating in volunteer service;
(3) the training of volunteers;
(4) the sharing of the cost of volunteer service;
(5) the risk safeguard measures;
(6) the exemption of the liabilities of volunteers;
(7) the alteration and dissolution of agreement;
(8) the ways for dispute settlement; and
(9) other matters that need to be clarified.
Article 15 The volunteer service activities arranged for volunteers by the volunteer organizations and other organizations carrying out volunteer service activities shall be adaptable to such conditions as the ages and physical conditions of volunteers and the knowledge and skills required by the volunteer service projects, and the volunteers shall not be arranged to carry out volunteer service activities beyond the scopes agreed upon.
When volunteer service activities are arranged for minors, such volunteer service activities shall be adaptable to the physical and mental characteristics of minors and the approval of the guardians of these minors shall be obtained.
Article 16 The volunteer organizations and other organizations carrying out volunteer service activities shall provide such necessary conditions and assurances as safety, hygiene and medical care for volunteers to engage in volunteer service activities, carry out the trainings on relevant knowledge and skills, issue volunteer badges to volunteers and help volunteers to settle the actual difficulties related to volunteer service activities.
Article 17 The volunteer organizations and other organizations carrying out volunteer service activities shall establish the files or record cards for volunteers on their general conditions and service conditions. Without the approval of volunteers themselves, no personal information recorded in the files may be publicized or provided to any third party.
Where volunteers require the volunteer organizations and other organizations carrying out volunteer service activities to issue the certificates for volunteer services, the volunteer organizations and other organizations carrying out volunteer service activities shall issue such certificates as to the facts.
Article 18 The volunteer organizations and other organizations carrying out volunteer service activities shall negotiate with the organizations or individuals who accept volunteer services and buy corresponding insurances for volunteers based on the needs.
Article 19 No organization or individual may force others to engage in volunteer service activities.
No organization or individual may engage in the activities with the aim of profit-making in the name of volunteer services.
Article 20 Volunteers shall enjoy the following rights:
(1) to acquire the true, correct and complete information about volunteer services;
(2) to acquire the conditions and assurances necessary for volunteer services;
(3) to acquire the knowledge and trainings necessary for volunteer service activities;
(4) to ask the organizations carrying out volunteer service activities to help them solve the problems encountered in volunteer service activities;
(5) to preferentially acquire the services provided by the volunteer organizations and other volunteers while being in difficulties;
(6) to supervise over the volunteer organizations and put forward criticisms and suggestions; and
(7) other rights enjoyed according to law.
Article 21 Volunteers shall perform the following obligations:
(1) to perform the commitments for volunteer services or the obligations agreed upon in the agreements, to complete the volunteer service work;
(2) to perform the obligation of reasonable notification when quitting volunteer service activities; and
(3) to keep confidential the personal privacy, commercial secrets or other lawfully protected information they know during the process of participating in volunteer service activities.
Volunteers shall not ask for remuneration or ask for remuneration in a disguised way from the organizations or individuals accepting the volunteer services.
Article 22 The organizations or individuals accepting the volunteer services shall respect the human dignity of volunteers and make necessary notification and explanation about the risks of the volunteer service projects to the health and safety and the measures to prevent such risks; the organizations or individuals accepting the volunteer services which have the conditions and abilities shall provide volunteers with the professional trainings and post trainings necessary for volunteer service activities, necessary material assurances and the conditions on safety and hygiene.
Article 23 This Municipality shall establish the Volunteer Service Foundation.
The Volunteer Service Fund shall be used for:
(1) the aid to volunteer service activities;
(2) the aid to the volunteers who have encountered special difficulties because of engaging in volunteer service activities;
(3) the reward to the organizations carrying out volunteer service activities and volunteers which have made outstanding contributions; or
(4) other items related to the development of volunteer service activities.
The use and management of the Fund shall be subject to the supervision from relevant departments and the society according to law.
This Municipality shall encourage units and individuals to make donations to the Volunteer Service Foundation.
Article 24 The municipal and the district or county people's governments shall incorporate the course of volunteer services in the national economic and social development planning, provide funding support to the development of the course of volunteer services and guide and promote the development of the course of volunteer services.
Relevant administrative departments for civil affairs, finance, personnel, education, etc. shall, according to their respective functions and duties, provide support and assurances to the development of the course of volunteer services.
The township or town people's governments and the sub-district offices shall encourage and support the development of volunteer service activities within their respective areas.
Article 25 The municipal and the district or county people's governments and relevant departments thereof shall commend and reward the volunteer organizations and volunteers with outstanding performances and other organizations and individuals which have made outstanding contributions to the course of volunteer services.
Article 26 State organs, enterprises and public institutions shall be encouraged to preferentially recruit, employ and enroll the persons with volunteer service experiences under the same conditions.
Article 27 The units which the volunteers work for shall provide support and necessary conditions for the volunteers to participate in volunteer service activities.
Article 28 The administrative departments of education, schools and relevant social groups shall incorporate the cultivation of the consciousness of the teenagers on volunteer service activities in the contents of the education on ideology and morality, encourage and support the college students and middle school students to participate in volunteer service activities in their spare time.
Article 29 The radio, TV, newspapers and websites shall actively propagate volunteer service activities.
Article 30 Where there are any violation of relevant laws and regulations in volunteer service activities, relevant administrative departments for civil affairs, industry and commerce, labor and social security, and public security shall investigate for the legal liabilities according to law.
Article 31 Where there is any dispute in volunteer service activities among volunteers, volunteer organizations, organizations or individuals accepting volunteer services, they may settle the disputes through negotiation or bring lawsuits to the people's courts according to law.
Article 32 These Regulations shall be effective as of December 5, 2007.