Establishment Standards for Public Assistance Institutions

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050080

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Article 1


These standards are stipulated according to Article 30 of the Public Assistance Act (hereinafter referred to as “the Act”).


Article 2


Including the business characteristics, the name of Public Assistance Institutions established by the Municipal County (City) should be affixed with the name; if established by enterprises, it should affix the name with “Private”.


Article 3


Establishment of Public Assistance Institutions should comply with the following regulations:
1. Designs, structure, and equipments of the building should comply with Building Law and related regulations.
2. Safety issues for fire control such as fire control equipments, fire control management, and non-flame retardant substances should comply with Fire Act and related rules and regulations.
3. The land to be used should comply with related regulations on land use control.
4. Supply of drinking water should be sufficient and water quality should meet with quality standards for drinking water.
5. Maintenance of cleaning and hygiene of environments and proper measures to prevent and control media and resources harmful to hygiene.
6. Rules of other laws or regulations if such rules exist.


Article 4


Public Assistance Institutions should accommodate more than 30 people.
In the above institution, the area of floor calculated by the number of people should be at least 20 square meters per person; among which, areas for bedrooms and restrooms may not be less than 13.2 square meters.
Maximum number of beds per bedroom of the institution in Subparagraph 1 is four, for which the area of floor should be exclusive to the parking lot and staff dormitory.


Article 5


Public Assistance Institutions should possess following qualified facilities:
1. Dormitory.
2. Bathing and hygiene facilities.
3. Kitchen.
4. Cafeteria.
5. Office.
6. Medical and Healthcare Room.
7. Recreation and Entertainment Room.
8. Library.
The qualified facilities in the above Subparagraphs 4 to 8 should combine depending on the actual condition.


Article 6


Following personnel should be set up in Public Assistance Institutions:
1. Director: one in charge of the business for the institution.
2. Social Workers: at least one in charge of case shelter and referral, consultation services, usage of social resources, case guidance and record management.
3. Service Personnel: at least one in charge of routine care service for less than 20 people in accommodation; if more than 20 people in accommodation, increase one employee for every additional 20 people accommodated.
If there are foreign personnel in above Subparagraph 3, it shouldn’t be more than one-half.


Article 7


The establishment of private public Assistance Institutions should be filed with the local authority for approval with one original and three duplicates of the following documents:
1. Application Form for Establishment:Including name and Address of Institution, Organization’s Characteristics and Management Plan, Business Characteristics and scale, source and budget of funds, and name, address and resume of the founder.
2. Business Plan: Including Service items, standard fees, service contract, cooperation structure, personnel allocation, annual budget proposal and projected launch date.
3. Construction Location Map and general condition: Including license for building usage, certificate of accessible city plan and floor plan map of the building.
4. Property Ownership Certificate: including Land and Building Registration Transcriptions. If ownership of land or building does not belong to Public Assistance Institutions, a 20-year term of lease contract or usage agreement certified by a court should be attached; in the agreements, the registration of ground rights should also be handled in the same terms.
5. Public Liability Insurance Contract and Guarantee Certificate of operation performance.
The amount of Public Liability Insurance and guaranteed ability of operation performance in Subparagraph 5 mentioned above paragraph should be subject to local authority.


Article 8


The foundation applying for the attachment of public Assistance Institutions should attach one original and three duplicates of the following documents including the ones mentioned above:
1. Certificate of Legal Entity Registration.
2. Approval Letter from an Industry competent authority for the attachment of public Assistance Institutions.
3. Articles of Association in Legal Entity Contribution.
4. Register of Directors.
5. Inventory List of Corporate Assets.


Article 9


If private public Assistance Institutions acquired approval do not yet register foundation within the limited date, the old approval will become ineffective.


Article 10


Public Assistance Institutions must not deploy its business for private interest or improper activities.


Article 11


Public Assistance Institutions commissioned to public assistance affair, should be subject to regulations of the measures and be guided and supervised by the authorities


Article 12


Public Assistance Institutions not qualified for these standards but were approved and established should complete improvement tasks within the limited date.


Article 13


These measures will take effective since they are promulgated.