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法規名稱(Title) Regulations for the Establishment and Permission of Private Children and Youth Welfare Institutes Ch
公發布日(Date) 2012.05.30
法規沿革(Legislative) 1.No. 0930093785 ordained on December 23, 2004
2.Amended and promulgated by Order Tai-Ne-Tong No.0960840358 on December 23, 2007 (Article 20 is amended)

3.Article contents have been amended according to Tai-Nei-Tung-Tze Order No. 1010840232 dated May 30st, 2012 and are effective from the date of promulgation.
法規內文(Content)

 

Amended provisions

Article 1 These regulations are stipulated pursuant to Paragraph 3, Article 82 of the Protection of Children and Youths Welfare and Rights Act (hereinafter referred to as the Act).

Article 2 Business attributes including the word “private” shall be specified in the names of children and youth welfare institutes established by private individuals or groups. The name of the same business attribute shall not be repeated in the same administrative district.

Article 3 Private individuals or groups applying to competent authorities of the municipal or county (city) government for permission to establish children and youth welfare institutes shall submit an application form and the following documents in triplicate:    

1. Basic information regarding institute’s name, address, founder and the responsible person;

2. Copied preparatory meeting minutes of children and youth welfare institutes established by juridical persons;  

3. The purpose of establishment and business plan for the institutes, including institutes’ business, business scale, sources of funding, service items, service contracts and scheduled operating date;

4. Budget statements: Specify annual revenue and budget estimate of expenditures;

5. Organizational structure and staffing, including number of supervisors and working personnel, employment qualifications, conditions, tasks and welfares, as well as administrative management, etc.

6. Drawings of sites and floor plans of buildings, with square meters, acres of compartment, application descriptions and total acres indicated.  

7. Usage right certificates of land and buildings, including registered documents of land and buildings, copies of building use licenses, as-built drawings of buildings, copies of certificates of usage rights and qualified official documents and drawings of fire safety. If ownership of land or buildings does not belong to private individuals or groups, leases or letters of consent with a period of more than five years of notarization shall be submitted, and no agreement of random termination upon expiry shall be made. Applicants shall submit certificates to establish registration of superficies for the same period of application in addition to the letter of consent for land use.  

8. The baseline of charges and refunds, and service stipulations.

9. Copies of supporting documents of capability of guaranty to perform operation;

10. Copy of insurance policy for the liability insurance of public accidents.

If registered documents of land and buildings prescribed in subparagraph 7 of the preceding paragraph may be completed with a computer inquiry by competent authorities of the municipal or county (city) government, the applicants shall be free from submitting them.  

The approval of capability of guaranty to perform operation prescribed in subparagraph 9 of Paragraph 1 and the insured amount of the liability insurance of public accidents prescribed in subparagraph 10 of Paragraph 1 shall be announced by competent authorities of the municipal or county (city) government.

Competent authorities of the municipal or county (city) government shall order applicants subject to the documents set forth in this article to submit the originals for examination as necessary.

 

Article 4 Judicial persons applying for permission for affiliated children and youth welfare institutes shall submit the following documents prescribed in the preceding article in triplicate:

1. Copy of the permit issued by competent authority in charge of the business for the permission to establish affiliated children and youth welfare institutes.

2. Copy of judicial person/group’s registration certificate.

3. Copy of donation regulations.

4. Representative’s resume.

5. Directors list and National ID copies.

6. Seals of judicial person/group and directors.

7. Meeting minutes of board of directors’ resolution to agree to establish affiliated children and youth welfare institutes.

8. Property list.

Article 5 Private individuals or groups applying for the establishment of children and youth welfare institutes subject to their used landsinconformity with land use zoning regulations shall submit the following documents in quintuplicate to competent authorities of the municipal or county (city) government, and apply for permission of establishment preparation:

1. The basic information regarding institute’s name, address, founder, and responsible person.

2. Copies of preparatory meeting minutes of children and youth welfare institutes established by juridical persons;

3. The purpose of establishment and business plan for the institutes, including institutes’ business, business scale, sources of funding, service items, service contracts and scheduled operating date;

4. Drawings of sites and floor plans of buildings, with square meters, acres of compartment, application descriptions and total acres indicated.

5. Usage right certificates of land and buildings, including registered documents of land and buildings. If ownership of land or buildings does not belong to private individuals or groups, leases or letters of consent with a period of more than six years of notarization shall be submitted. Applicants shall submit certificates to establish registration of superficies for the same period of application in addition to the letter of consent of land use.

The term of validity for the preceding permission of establishment preparation is three years. On any reasonable ground, the term of validity can be extended upon expiry after approval of competent authorities of the municipal or county (city) government. Extension may be given once only for another three years.

Terms of validity for permission of establishment preparation in the preceding Paragraph 2 that are extended without approval upon expiry or still do not conform with land use zoning regulations upon expiry shall be invalid.

Permission in the preceding Paragraph 1 shall be applicable to provisions in Paragraph 2 of Article 3.

Article 6 Private individuals or groups shall submit an application form and the following documents in triplicate to competent authorities of the municipal or county (city) government after completing establishment preparation according to the preceding article:  

1.     Registered documents of buildings

2.     Copies of building use licenses

3.     As-built drawings of buildings

4.     Qualified official documents and drawings of fire safety

5.     Properties list

6.     Copies of supporting documents of capability of guaranty to perform operation

7.     Copy of insurance policy for the liability insurance of public accidents.

 

Permission in the preceding paragraph shall be applicable to provisions in Paragraph 2 and 4 of Article 3.

 

Article 7 Competent authorities of the municipal or county (city) government accepting permission cases for the application of establishing children and youth welfare institutes shall join with the relevant authorities to inspect the equipment and facilities on-site, and notify applicants to correct issues as needed within a time limit.

Competent authorities of the municipal or county (city) government accepting permission cases for the application of establishment and establishment preparation of children and youth welfare institutes shall complete the examination within one month.

If the preceding permission cases for the establishment preparation do not conform with land use zoning regulations, competent authorities of the municipal or county (city) government shall join with the relevant authorities to inspect and complete the examination within three months.

 

Article 8 If any one of the following events occurs in permission cases for the application of establishment and establishment preparation of children and youth welfare institutes, competent authorities of the municipal or county (city) government shall clearly state reasons and overrule the permission in writing:

1. Failure to correct issues within the time limit after being notified upon expiry

2. Does not conform with the Act or these regulations

3. Does not conform with Standards for establishing Children and Youth Welfare Institutes

4. Responsible persons of private Children and Youth Welfare Institutes who operated other private Children and Youth Welfare Institutes and have breached provisions in Article 10, Paragraph 4 of Article 12 or Paragraph 2, Article 108 of the Act have been punished with the abolishment of their establishment licenses for less than two years by competent authorities.

5. Private Children and Youth Welfare Institutes that have breached provisions in Article 13 have been punished with the abolishment of their establishment permits for less than two years by competent authorities.

Article 9 Competent authorities of the municipal or county (city) government shall stamp official seals on application forms and appendixes once permitting the establishment of Children and Youth Welfare Institutes, returning one copy of the appendixes and issuing establishment permits to the applicants. Competent authorities of the municipal or county (city) government shall also make one copy of the general situation table for permission of establishment and report it to the central authorized agency for reference.   

The preceding establishment permit shall specify names, addresses, responsible persons, establishment date, acres and service objects, etc. of Children and Youth Welfare Institutes. 

The permit specified in Paragraph 1 shall be posted in a conspicuous location for sufficient identification.

If establishment permits specified in Paragraph 1 are lost or damaged, responsible persons shall fully prepare application forms and relevant documents and submit them to the competent authority for reissuance or renewal.

 

Article 10 If children and Youth Welfare Institutes are permitted to be established, but fail to start operating within one year or stop running by themselves for more than one year after beginning their operations, competent authorities may abolish their permits of establishment.

 

Article 11 Children and Youth Welfare Institutes subject to any downsizing, expansion or removal shall report the reasons and placement plan of the current children and youth, as well as the address after removal and the documents specified in Paragraph 1 of Article 3, three months in advance of the date of downsizing, expansion or removal to competent authorities for approval. The competent authorities shall complete examination of the preceding application of downsizing, expansion or removal within one month.

Those who apply for expansion of the operation scale prescribed in Paragraph 1 shall be located in the same buildings where operation spaces are in the same floors or different floors with no more than one floor that can go straight up and down; if located in different buildings, all shall be in the scope of the land where the original institutes were permitted to be established.  

After downsizing, expansion or removal of children and Youth Welfare Institutes according to the permission prescribed in Paragraph 1, competent authorities shall join with the relevant authorities to inspect if their equipment and facilities conform to the regulations before approving their operations.

The removal referred to in Paragraph 1 of crossing administrative districts in the original licensing competent authority’s jurisdiction shall apply for permission of reestablishment; the original competent authority shall abolish the original permit.

Article 12 If there is any change to the permitted items after Children and Youth Welfare Institutes are permitted to be established, responsible persons shall submit an application form with description of items and reasons one month prior to the change to report it to competent authorities for approval.

The competent authority shall note approval date of all previous changes, closed or reopened, official document no. and items of change.

If item of change referred to in Paragraph 1 is the responsible person, the original person or his/her representative shall report.

The competent authority shall abolish permits for those who fail to apply for the changes.

 

Article 13 Children and Youth Welfare Institutes that are closed for more than one month shall submit application forms with a description of items and reasons, a placement plan for the current children and youth, as well as the beginning/ending date of closing fifteen days prior to closing to report to competent authorities for approval in advance. 
The preceding application of the closed period shall not exceed one year. On any reasonable ground, an extension for the period of closing can be applied for fifteen days before expiry. Extension may be given once only for another one year after approval of competent authorities. 
Children and Youth Welfare Institutes shall submit application for reopening permission within fifteen days to competent authorities after expiration of the closed period. 
The competent authorities subject to the preceding reopening application shall join with the relevant authorities to inspect if equipment, facilities and working personnel on-site conform to the relevant laws and regulations before permitting their reopen.
If Children and Youth Institutes fail to apply for reopening after more than one year from the expiration of their closing or fail to pass the permission for reopening application, competent authorities shall not only handle it according to the provisions in Article 108 of the Act, but also abolish their permits.

Article 14 Children and Youth Institutes that apply for discontinuation of their businesses shall report a description of reasons and their date three months in advance to competent authorities for approval.  

If Children and Youth Institutes are permitted to discontinue their businesses, competent authorities shall abolish their permits.

Article 15 Children and Youth Institutes whose permits are abolished by competent authorities shall return their permits; if they fail to return their permits, said permits shall be announced to be canceled; if such institutes are judicial persons, the competent authorities shall notify the court. 

 

Article 16 Children and Youth Institutes shall submit the following documents of the next fiscal year by the end of every Oct. to competent authorities for reference:

1. Business plan

2. Annual budget plan

3. Working personnel list

Children and Youth Institutes shall submit the following documents of the previous fiscal year by the end of every May to competent authorities for reference:

1. Business report

2. Annual statement

3. Staffing status 

Nursery service centers that are not judicial persons or affiliated with judicial persons shall be exempt from the preceding two paragraphs and apply for permission otherwise with the consent of competent authorities of the municipal or county (city) government; however, reports should be made to competent authorities of the municipal or county (city) government for reference by filling in one entry form of nursing status.   

Article 17 Financing and accounting of Children and Youth Welfare Institutes affiliated to judicial persons shall be independent. 

Article 18 Children and Youth Welfare Institutes shall establish an accounting system, with which an annual statement over NT$ 30 million shall be certified by a CPA.

 

Article 19 In order to understand the situations of Children and Youth Welfare Institutes, competent authorities shall at any time notify them to present business and financial reports and assign personnel to audit them accordingly; Children and Youth Welfare Institutes shall not evade, interfere or reject.  

 

Article 20 Children and Youth Welfare Institutes shall regularly exercise health examinations for their working personnel at least once every two years. 

 

Article 21 In regards to essential elements of establishment of Children and Youth Welfare Institutes that have been established before enforcement of the Act and that do not conform to those of the Act, such regulations or Standards for Establishing Children and Youth Welfare Institutes shall be improved within five years from the date of enforcement of the Act; if failure to improve upon expiry of that period, provisions from Article 106 to 109 of the Act shall be governed accordingly.

 

Article 22 In addition to establishment permits, general situation tables for permission of establishment stipulated in Article 9, and one entry form of nursing status for nursery service centers in Paragraph 3 of Article 16 stipulated by the central authorized agency, the format of forms and documents stipulated in these regulations shall be stipulated by competent authorities of the municipal or county (city) government.  

 

Article 23 These regulations shall be effective from the date of promulgation.