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Regulations of the Shenzhen Municipality on the Services
of Volunteers
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(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) |
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Chapter I General
Provisions
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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. |
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Article 2 These
regulations shall apply to the volunteers, volunteer service
organizations and their activities
within the administrative
regions of this municipality. |
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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. |
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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. |
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Article 4 The
volunteer service activities shall follow the principle of
voluntarism, legality, honesty, thrifty
and no profit. |
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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. |
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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. |
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The volunteer service activities shall accept the
direction and supervision of the Communist Youth League and
other related departments. |
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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. |
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The related departments of public security, urban
management, civil administration, etc., shall support the
volunteer service within the scope of their respective duties. |
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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. |
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Chapter II Volunteers
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Article 9 Volunteers shall
meet the following requirements: |
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(1)
to engage in the volunteer services of their own accord; |
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(2)
to have corresponding capacity for civil disposition; |
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(3)
to satisfy the physical requirements for the volunteer
service activities; |
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(4)
to have corresponding capacity for providing services. |
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The
requirements for group volunteers shall be defined by the
articles of the |
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municipal
federation of volunteers. |
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Article 10 Volunteer
service organizations shall establish a volunteer registration
system. |
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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. |
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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. |
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Article 11 Volunteers
shall enjoy the following rights: |
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(1)
to participate in or withdraw from a volunteer service
organization of their own free will; |
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(2)
to take part in the service activities launched by
volunteer service organizations; |
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(3)
to require the necessary conditions and security for the
volunteer services; |
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(4)
to ask volunteer service organizations to help resolve
the actual difficulties which they are confronted with during
the period of volunteer services; |
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(5)
to put forward suggestions, criticism to volunteer
service organizations and to supervise these organizations; |
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(6)
to have a preference to get the volunteer services when
facing difficulties. |
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Articles 12 Volunteers
shall perform the following obligations: |
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(1)
to abide by the articles of volunteer service
organizations; |
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(2)
not to collect remuneration or borrow money, borrow
articles, seek personal gain from the served; |
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(3)
not to receive donations during the period of services
from the served; |
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(4)
to protect the privacy of the served; |
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(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. |
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Article 13 Volunteers
shall, under the arrangements of volunteer service |
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organizations,
carry out the volunteer services and complete the task of
services. |
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Without approval from volunteer service organizations,
any unit and individual shall not launch activities in the
name
of volunteer service organizations. |
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Article 14 Volunteer
service organizations shall safeguard the legal rights of
volunteers during the period
of services. |
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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. |
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Article 15 Volunteers
shall wear the uniform badges of volunteer services when
engaging in the volunteer services. |
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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. |
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Chapter III Volunteer
Service Organizations
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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. |
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Article 17 The
duties of volunteer service organizations shall be as follows: |
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(1)
to work out the rules, regulations on volunteer service
activities; |
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(2)
to establish, improve the file systems of volunteers and
volunteer service activities; |
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(3)
to recruit, train, direct, administer, supervise and
commend volunteers; |
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(4)
to organize the volunteer service activities; |
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(5)
to do propaganda and exchange on the volunteer services; |
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(6)
to provide the necessary security for the volunteer
services. |
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Article 18 When
developing the volunteer service activities, volunteer service |
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organizations
shall comply with laws, regulations and the rules of their own
organizations and may
not engage in the activities for profit. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Chapter IV Volunteer
Services
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Article 22 If any
individual or unit needs the volunteer services, an application
for the services may be filed
to a volunteer service
organization. |
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Article 23 The
following materials shall be submitted to apply for the
volunteer services: |
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(1)
an written application for the volunteer services; |
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(2)
the ID certificate of an applicant or a unit' s
certificate; |
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(3)
the description of the services applied for and other
related materials; |
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If
an applicant is a person who has no civil capacity or has
qualified civil capacity, |
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an
application shall be filed by this person' s guardian or legal
agent instead. |
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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. |
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When providing the volunteer services, more than two
volunteers shall participate, except that the service project
has special requirements. |
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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. |
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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. |
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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. |
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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. |
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Chapter V Commendation
and Encouragement
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Article 27 Volunteer
service organizations shall establish a system of assessment and
commendation of volunteers. |
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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. |
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Article 28 Volunteer
service organizations shall issue certificates of honor to the
volunteers who meet the
requirements for commendation. |
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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. |
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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. |
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Chapter VI Legal
Liabilities
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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. |
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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. |
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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. |
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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. |
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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. |
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Chapter VII
Supplementary Provisions
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Article 35 These
regulations shall take effect as of July 1, 2005. |
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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. |
