1 index Legislative Decree No. 930 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that article 1 of our Constitution states that El Salvador recognizes the human person as the origin and purpose of the activity of the State, which is organized for the attainment of Justice, the legal security and the common good.
II.-that the year 2001 was declared by the Assembly General of the Nations United, as year international of them volunteers.
III. that by means of Decree legislative number 1036, date October 31, 2002, published in the Official Journal No. 228, volume no. 357, dated December 4, 2002, has been declared December 5 every year, as national day of volunteering.
IV.-that the modern rule of law to be incorporated into their legal systems, the regulation of the activities of natural persons, to meet social interests, assuming that the same satisfaction is no longer be considered a sole responsibility of the State to become a task shared between them and society.
V that the growing of this social responsibility awareness, has led to the citizens, sometimes individually, but, above all, through solidarity and altruism-based organizations, play an increasingly important role in the design and execution of actions directed to the satisfaction of the social interest and especially the eradication of situations of marginalization and the construction of a more just and solidary society in which all citizens enjoy a quality of life with dignity.
VI. voluntary action, has become today one of the basic instruments of action by civil society in the social sphere and as a result, calls for a more active role, resulting in the demand for greater participation in the design and implementation of social policies.
Therefore, use of his constitutional powers and at the initiative of MEPs: José Antonio Almendáriz Rivas, Federico Guillermo Avila Quehl, Benito Antonio Lara Fernández, Jaime Gilberto Valdez Hernández and Maria Margarita veiled bridges, as well as the Exdiputados Nelson Edgardo Avalos and José Ascension sailor Cáceres, in the period 2000-2003.
DECREES the following: 2 index legislative act of VOLUNTEERING chapter I provisions General object of the law article 1.-the present law aims to define, promote, facilitate and regulate organized and supportive participation of citizens in actions of social volunteering, in the bosom of foreign and national nonprofit foundations and associations and any other form of not-for-profit group , State, non-governmental, corporate, municipal and institutional bodies of any kind.
Scope of the law article 2.-the present law is applicable to all persons who perform voluntary actions within the framework of organizations and institutions referred to in article 1 of this law.
Concept and requirements of the volunteer article 3.-for purposes of this law, means volunteering activities of social interest that individuals within organizations and institutions referred to in article 1, provided that it meets the following requirements: to) that is humanitarian, altruistic, solidarity and social.
(b) to contribute to the strengthening and development of society as well as the voluntary person.
(c) that its realization is free, without having their case in an employment obligation or legal mandate.
(d) you carry out without economic compensation.
e) that run through organizations and institutions covered by article 1 of this law.
Principles of the volunteering article 4.-the volunteer is governed by the following principles: to) freedom as a principle of action, both volunteers and beneficiaries, who will act in a spirit of unity and cooperation.
(b) the participation as principle democratic of intervention direct and active of the citizenship in the responsibilities common, promoting the development associative that 3 index legislative articulates it community from the recognition of the autonomy and of the pluralism.
(c) the solidarity as principle of the well common that inspires action in favor of people, groups and communities attending the interest general and not exclusively the of them members of the own organization.
(d) the commitment social that orients an action stable and rigorous, looking for the efficiency of their performances as contribution to the purposes of interest social.
(e) autonomy from public and economic powers that support the critical and innovative action voluntary capacity.
(f) respect for the convictions and beliefs of people, fighting against the various forms of exclusion.
(g) the social responsibility assumed as task shared between the State and society.
Framework of the volunteering article 5.-the services of volunteers may not be used to replace formal jobs or evade obligations with workers.
Activity of Social interest article 6.-the activities of social interest shall have as aim the common welfare of the society and these are: the health care service, the humanitarian community, civic, educational, cultural, religious, scientific, recreational, sports, health, cooperation, protection of the environment, support to the economy or the research, promotion of partnerships, development, promote volunteering, prevention mitigation and attention of disasters or other similar nature.
Chapter II the person volunteer people voluntary article 7.-are all natural persons who by their own will, a spirit of altruism and solidarity are committed to provide time, expertise, or resources for the development of activities of social interest, in accordance with the requirements laid down in article 3 and the activities referred to in article 6 of this law.
(Rights of the person voluntary article 8.-them people that perform actions of the volunteer will have them following rights: to) receive to the home and of way permanent, the information, training, orientation, support 4 index legislative and, in his case, media materials necessary for the exercise of them functions that is les assigned.
(b) be treated without discrimination, respecting their freedom, dignity and beliefs. (c) actively participate in the Organization in which are inserted, collaborating in the development, design, execution and evaluation of programmes or projects, in accordance with their statutes or rules of application.
(d) carry out their activities in appropriate conditions of safety and hygiene according to the nature and characteristics.
(e) have an accreditation that identifies its voluntary status.
(f) be respected and recognized by the social value of their contribution, by the organization that provides your service.
(g) receive reimbursement of expenses incurred in the performance of its activities, coffee that must respond to as planned by the Organization, where the voluntary institution has specific funding for the assumed solidarity activity and which has been previously established by the parties.
(h) change in program, project or activity, assigned when there are reasons that justify it, within the possibilities of the entity.
(i) obtain certificate or record of activities and training.
(j) receive basic medical care for free by the organization which provides its service, in the event of accident or illness arising from the exercise of voluntary activity.
Duties of the person volunteer article 9.-the volunteers have the following duties: to) promote, disseminate and promote the human, moral and civic values in order to educate the people to serve as volunteers.
(b) the commitments acquired with the organizations that are integrated, respecting the purposes and these regulations.
(c) reject any material consideration which could well receive the beneficiary or others associated with its action.
(d) respect the human rights of the beneficiaries of their voluntary activity.
(e) participate in training tasks provided for by the Organization, in a concrete way to 5 index legislative activities and assigned functions, as well as that on a permanent basis, are required to maintain the quality of the services provided.
(f) respect and comply with the instructions received by the Organization in which it participates, for the proper conduct of mandated activities.
(g) use according to the rules of the organization with which to collaborate their accreditation and badges of the organization.
(h) respect and care for the material resources that put at your disposal the organization.
(i) comply with the internal rules and policies of the organization.
(j) not to make any political or religious proselytizing in the organization that welcomes them and at the time of the provision of services.
Ban special article 10.-it prohibits the participation of children under 18 years in activities of prevention, mitigation and attention of disasters or any other provided put at risk their physical, mental and emotional integrity.
CHAPTER III MEASURES OF PROMOTION OF VOLUNTEERISM
Measures of promotion article 11.-it shall promote and encourage the value of the voluntary person through educational institutions of all levels and create spaces for the participation of the educational community in the voluntary work.
State institutions should promote, in collaboration with civil society, the establishment of mechanisms for technical assistance, training programs, information services, and campaigns of disclosure and recognition of the voluntary activities, among others, must include in their institutional budgets the resources.
Incentives to the volunteer article 12.-the people voluntary will enjoy of the recognition and it valuation social of the action voluntary that develop both in institutions public as private, which must be taken in has for its sheet of life.
(Accreditation of them activities voluntary article 13.-it accreditation of it provision of services volunteers is shall be through certification issued by the Organization in which is has made, in which must consist, as minimum, besides them data personal e identifying of it person voluntary and of it entity, them 6 index legislative following data: to) accreditation of that the person interested has or had the quality of voluntary.
(b) date, duration and nature of the provision made by the person voluntarily.
Equivalence of Social Service article 14.-the duly accredited volunteer activities will be taken into account by educational institutions, public and private, University, and medium level as equivalent to the provision of the social services required by their study plans.
The Ministry of Education issued a special regulation governing the provisions of this article.
CHAPTER IV OF THE RELATIONS BETWEEN VOLUNTARY PERSON AND ORGANIZATION THAT IS DELIVERED OR PARTICIPATE.
Of the organisations article 15.-the organizations and institutions referred to in article 1 of this law can count on the support of volunteers, national and foreign, in pursuit of social development.
Duties of the organizations article 16. are duties of the organizations that perform the following actions of the volunteer: a) formalize the relationship between the volunteer and the organization that requires the voluntary service, in accordance with article 17 of this law.
(b) the commitments acquired with the voluntary person, established in the voluntary service agreement.
(c) establish and publicize the voluntary person information and guidelines appropriate for the accomplishment of the tasks to develop internal systems.
(d) implement processes of induction, training and training, necessary for the correct development of functional and personal activities in volunteers.
(e) ensure to volunteers carry out their activities in proper conditions of health and safety, and provide the necessary resources for the fulfilment of the agreed activities.
(7 index legislative f) guarantee to them people voluntary them services medical Basic by accident or disability derived directly of the exercise of the activity voluntary, in the measure of them possibilities of each organization.
(g) facilitate the voluntary person accreditation that enable you and identify the development of its activity.
(h) to extend volunteers certificates or a certificate attesting to the services provided.
(i) take control of the activities carried out by the volunteer staff.
Incorporation of the person volunteer article 17.-the incorporation of the voluntary organization person will be formalized through the signing of the agreement of voluntary service, should be less than eighteen years of age, parents or guardians who sign this compromise, which in addition to point out the altruistic nature of the relationship, will have at least the following contents will be (: a) the set of rights and duties that correspond to both parties, respecting the provisions of this Act, its regulations and regulations of the organization.
(b) the contents of the functions, activities and time of dedication that undertakes to perform the person volunteer.
(c) the process of training that is required for the fulfilment of their functions.
(d) the duration of the commitment, the causes and forms of separation on both sides.
(e) the mechanism for resolving conflicts between the volunteers and the organization.
Chapter V of the national registry and the volunteer National Committee creation by the national registry of the article volunteer 18.-create the national registry of volunteers attached to the General Directorate of registration of associations and foundations without profit for purposes of the Ministry of Interior. Its powers and procedures will be defined in the respective regulations.
Objective of the registration national of the volunteer article 19.-the registration national of volunteering, aims to register all the organizations volunteering which have the necessary characteristics to comply with due demands, to be considered as voluntary organizations. In addition, will have as goal 8 legislative index register volunteer programs that develop each one of them, in order to maintain a database of supply and demand of volunteering at national level.
The registry will be of a public nature.
9 index legislative establishment of the National Committee of volunteering article 20.-the national volunteer Committee, hereinafter the Committee established, as a consultative and proactive policies and actions in the field of volunteering to the institutions of the State.
The Committee will be made by the Director of the registry of associations and foundations of nonprofit and six owners representatives and six alternates from different legally registered voluntary organizations and recognized experience in the field of volunteering, elected at the general Assembly of the volunteer organizations.
The Committee will be coordinated by the Director of the registry.
The representatives of the organizations will last in office for three years and may be reelected only once.
Functions of the Committee article 21.-the Committee shall have the following functions: to) promote the dissemination of this law.
(b) propose to the State entities policies and actions in support of volunteering.
(c) propose to the entities of the State actions to inform, guide and advise the population that is offered as a volunteer to find and take advantage of the options of volunteering according to their interest, aptitude and vocation and in their immediate environment.
(d) promote permanent public campaigns to motivate the population to the voluntary service as an exercise of citizenship, in order to progressively build the culture of volunteerism and solidarity.
(e) promote the creation of volunteering and training programmes in the different public institutions and private entities whose work areas allow the performance of volunteer staff.
(f) promote the arrival to the country's contingent of qualified volunteers from other countries, permanent or eventual shape and especially in times of national emergency.
(g) propose the creation of a national system of recognition of volunteerism, including the establishment of an annual award to the best volunteering projects.
(h) promote the celebration of the day national of the volunteer the 5 of December of each year.
10 index legislative i) suggest entities of the State partnerships to support the Salvadorian volunteers.
(j) submit an annual report on volunteering at the Ministry of the Interior.
Meetings article 22.-the Committee shall meet in ordinary session once a month and extraordinary times that are deemed necessary.
Participation in the meetings of the Committee emoluments or diets of any kind will not be received.
Organisations of the volunteering article 23 Assembly. The Ministry of the Interior will convene annually, through publications in the media with the largest circulation, duly registered voluntary organizations to a general Assembly, in order to: to) Exchange information on the activities of the volunteer running in public institutions and private entities.
(b) receive proposals for the design of public policies for volunteering.
(c) any other actions that set the rules.
The regulations will establish the rules for the call and the development of the Assembly of the volunteer organizations.
Election of the representatives of the organisations article 24.-the representatives of volunteer organizations shall be elected in general Assembly convened by the Minister of the Interior.
The way of election is regulated in the regulation respective.
Chapter VI provisions end, transitional and force application extra article 25.-what not is planned in the present law, is apply supplementary them provisions established in the law of associations and foundations without purposes of profit.
11 index legislative regulation article 26.-the President of the Republic shall draw up them regulations corresponding of this law, within the term of sixty days starting from the entry in force of the same.
Term of fulfilment
Article 27.-Current volunteer organizations, will have one term of no more than sixty days from the entry into force of the regulation of this law, to proceed to register and registration of their programs deadline for the first election of representatives article 28.-the first Assembly of representatives of voluntary organizations must be within a maximum of thirty days from the end of the registration period to referred to in the preceding article.
Article 29.-the entry into force this law shall enter into force the one of January of two thousand twelve, after the publication in the official journal.
GIVEN in the Palace legislative: San Salvador, to the thirty days of the month of November in the year two thousand eleven.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
CIRO CRUZ ZEPEDA PENA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ d'AUBUISSON, Third Secretary. FOURTH SECRETARY.
FIFTH MINISTRY, IRMA PALACIOS LOURDES VASQUEZ, VACANT. SIXTH SECRETARIAT.
12 INDEX LEGISLATIVE WARRIOR, SEVENTH SECRETARY MARIO ALBERTO TENORIO.
Presidential House: San Salvador, nineteen days after the month of December of the year two thousand eleven.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Gregory Ernesto Zelayandia Cisneros, Minister of the Interior.
D. o. No. 241 volume no. 393 date: December 23, 2011.