Social Welfare Fundamental Act
2023-05-24
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Article 1
This Act is enacted to protect the fundamental rights to social welfare for citizens, to establish guidelines for social welfare, and to enhance the social welfare system.
Article 2
The term “social welfare” referred hereto in this Act means welfare affairs including social insurance, social assistance, social allowance, welfare services, medical and health care, national employment, and social housing.
Article 3
The basic principles of social welfare aim to ensure an adequate standard of living for citizens, respect for individual dignity, development of individual potential, promotion of social participation, and the upholding of social fairness and justice.
The goal of social welfare is to prevent and alleviate social problems and promote the well-being of the population on the basis of the principles of social inclusion, balanced rural-urban development, and sustainable development, as well as in consideration of family and social responsibilities.
The goal of social welfare is to prevent and alleviate social problems and promote the well-being of the population on the basis of the principles of social inclusion, balanced rural-urban development, and sustainable development, as well as in consideration of family and social responsibilities.
Article 4
The State shall affirm cultural pluralism. All citizens, regardless of their sex or gender, sexual orientation, gender identity, ages, abilities, geographic locality, ethnic groups, religious beliefs, political ideas, socioeconomic status or other conditions, have equal opportunity to receive social welfare services.
For individuals in need of social welfare services due to their residence on outlying islands or in remote areas, or due to economic, physical, mental, cultural, or ethnic conditions, the government shall, with respect for their autonomy and particular characteristics, provide special protections in accordance with applicable laws and assist in their development.
The government shall respect the cultures and the autonomous development of indigenous peoples, and shall guarantee the social welfare rights of their children, juveniles, elders, women, and persons with disabilities in accordance with the will of the indigenous peoples.
For individuals in need of social welfare services due to their residence on outlying islands or in remote areas, or due to economic, physical, mental, cultural, or ethnic conditions, the government shall, with respect for their autonomy and particular characteristics, provide special protections in accordance with applicable laws and assist in their development.
The government shall respect the cultures and the autonomous development of indigenous peoples, and shall guarantee the social welfare rights of their children, juveniles, elders, women, and persons with disabilities in accordance with the will of the indigenous peoples.
Article 5
Social insurance shall adopt the principles of mandatory enrollment, mutual aid, and joint risk sharing. Citizens shall be entitled to insurance benefits in insured events, thereby promoting their economic security and access to medical care.
Article 6
Social assistance shall be integrated with employment, education, and welfare services to provide assistance and emergency care to low-income households, middle-low-income households, and citizens facing emergencies, disasters, or disadvantaged circumstances, with the aim of providing immediate relief and support while also facilitating their self-reliance.
Article 7
Social allowances shall be provided as regular supplementary cash payments based on the specific needs of citizens, in order to reduce the financial burden on families and to ensure adequate care.
Article 8
Welfare services shall be people-centered, family-focused, and community-based, and shall provide comprehensive supportive, supplementary, protective, or preventive services to citizens in need of living care or services.
Article 9
Medical and health care shall achieve the goals of perfecting the health and medical care systems, improving the quality of health care, guaranteeing citizens’ rights and interests in receiving medical treatment, reducing health disparities among citizens, and facilitating health care at every stage of life.
Article 10
National employment shall be promoted through the provision of employment services, vocational training, occupational safety and health, and the protection of labor rights and interests. It shall aim to foster labor-management cooperation and harmonious employment relations, and to advance the effective utilization and development of human resources.
Article 11
Social housing shall provide citizens in need who face economically or socially disadvantaged circumstances with suitable housing, rental subsidies or allowances, and rental assistance for the purpose to guarantee citizens’ rights and interests to housing.
Article 12
The central government shall, in consideration of development direction of national policies, changes of socioeconomic structures, social welfare needs, and the overall availability of resources, formulate social welfare policy guidelines and carry out a review on a regular basis no less than 5 years.
Article 13
All levels of government shall guarantee the minimum living standard for citizens by means of payment in cash, payment in kind, tax relief, provision of opportunities, or any other supports.
Article 14
All levels of government shall provide accessible, convenient, adequate, and affordable welfare services by means of commissioning, contracting, subsidies, incentives, or other diversified approaches, using either their own resources alone or in combination with resources from the private sector.
Prior to commissioning welfare services, all levels of government shall, based on actual needs, invite representatives of social welfare enterprises and service user organizations to negotiate matters related to service quality, including the qualifications of the persons to be commissioned, service content, workforce, necessary expenses, examination and payment methods, and other relevant issues. The representatives may be jointly designated by social welfare enterprises and service user organizations.
In terms of commissioning of welfare services, all levels of government shall reasonably earmark sufficient budget, comply with regulations related to selection of the persons to be commissioned and the procurement matters, and facilitate equitable relationship between rights and obligations, for the purpose of ensuring users’ rights and interests in availing related welfare services.
Prior to commissioning welfare services, all levels of government shall, based on actual needs, invite representatives of social welfare enterprises and service user organizations to negotiate matters related to service quality, including the qualifications of the persons to be commissioned, service content, workforce, necessary expenses, examination and payment methods, and other relevant issues. The representatives may be jointly designated by social welfare enterprises and service user organizations.
In terms of commissioning of welfare services, all levels of government shall reasonably earmark sufficient budget, comply with regulations related to selection of the persons to be commissioned and the procurement matters, and facilitate equitable relationship between rights and obligations, for the purpose of ensuring users’ rights and interests in availing related welfare services.
Article 15
The central government shall carry out the following social welfare affairs:
(1) To plan, formulate, advocate and execute the policies, regulations and programs of social welfare at the national level.
(2) To supervise, review, coordinate and support the social welfare works executed by the government of a special municipality or a county (or city).
(3) To allocate and subsidize social welfare budget at the central government level.
(4) To work on studies, statistics and research in associated with social welfare policies at central government or national level.
(5) To plan and establish social welfare information systems at the central government or national level, and to integrate and leverage the data therein.
(6) To establish, supervise and evaluate social welfare enterprises at the central government or national level.
(7) To plan, promote and supervise human resources, training and management of professional personnel of social welfare at the national level.
(8) To facilitate cooperation and innovation across the fields of social welfare and technology, and to foster interdisciplinary talent.
(9) To encourage international exchange in the field of social welfare.
(10) Any other social welfare matters required to be consistent at the national level.
Where social welfare matters specified by the preceding paragraph involve the duties of a specific central competent authority, they shall be carried out by that authority.
(1) To plan, formulate, advocate and execute the policies, regulations and programs of social welfare at the national level.
(2) To supervise, review, coordinate and support the social welfare works executed by the government of a special municipality or a county (or city).
(3) To allocate and subsidize social welfare budget at the central government level.
(4) To work on studies, statistics and research in associated with social welfare policies at central government or national level.
(5) To plan and establish social welfare information systems at the central government or national level, and to integrate and leverage the data therein.
(6) To establish, supervise and evaluate social welfare enterprises at the central government or national level.
(7) To plan, promote and supervise human resources, training and management of professional personnel of social welfare at the national level.
(8) To facilitate cooperation and innovation across the fields of social welfare and technology, and to foster interdisciplinary talent.
(9) To encourage international exchange in the field of social welfare.
(10) Any other social welfare matters required to be consistent at the national level.
Where social welfare matters specified by the preceding paragraph involve the duties of a specific central competent authority, they shall be carried out by that authority.
Article 16
The government of a special municipality or a county (or city) shall carry out the following social welfare affairs:
(1) To plan, formulate, advocate and execute the policies, self-government laws and regulations, and programs of social welfare at the municipal or county (or city) level.
(2) To execute the policies, laws and regulations and programs of social welfare at the central government level.
(3) To work on studies, statistics and research in associated with social welfare policies at municipal or county (or city) level.
(4) To plan and establish social welfare information systems at the municipal or county (or city) level, and to integrate and leverage the data therein.
(5) To establish, supervise and evaluate social welfare enterprises at municipal or county (or city) level.
(6) To plan, promote and advise on human resources, training and management of professional personnel of social welfare at the municipal or county (or city) level.
(7) To facilitate cooperation and innovation across the fields of social welfare and technology, and to foster interdisciplinary talent at the municipal or county (or city) level.
(8) To encourage international exchange in the field of social welfare at the municipal or county (or city) level.
(9) Any other social welfare matters adapted to local conditions at the municipal or county (or city) level.
Where social welfare matters specified by the preceding paragraph involve the duties of a specific competent authority of a special municipality or a county (or city), they shall be carried out by that authority.
(1) To plan, formulate, advocate and execute the policies, self-government laws and regulations, and programs of social welfare at the municipal or county (or city) level.
(2) To execute the policies, laws and regulations and programs of social welfare at the central government level.
(3) To work on studies, statistics and research in associated with social welfare policies at municipal or county (or city) level.
(4) To plan and establish social welfare information systems at the municipal or county (or city) level, and to integrate and leverage the data therein.
(5) To establish, supervise and evaluate social welfare enterprises at municipal or county (or city) level.
(6) To plan, promote and advise on human resources, training and management of professional personnel of social welfare at the municipal or county (or city) level.
(7) To facilitate cooperation and innovation across the fields of social welfare and technology, and to foster interdisciplinary talent at the municipal or county (or city) level.
(8) To encourage international exchange in the field of social welfare at the municipal or county (or city) level.
(9) Any other social welfare matters adapted to local conditions at the municipal or county (or city) level.
Where social welfare matters specified by the preceding paragraph involve the duties of a specific competent authority of a special municipality or a county (or city), they shall be carried out by that authority.
Article 17
The chief minister of all levels of government or his/her designated appointee shall serve as the convener, who shall congregate social welfare-related scholars, experts, representatives of private institutions and groups, indigenous representatives, and representatives of service users, to coordinate, consult, deliberate, plan and promote social welfare policies on a regular basis.
Article 18
The financial budgets of social welfare expenditures borne by all levels of government shall be in accordance with the respective laws.
The central government may provide governmental subsidies on significant social welfare policies at its discretion by considering population, financial resources and other circumstances of a special municipality or a county (or city).
The central government may provide governmental subsidies on significant social welfare policies at its discretion by considering population, financial resources and other circumstances of a special municipality or a county (or city).
Article 19
All levels of government shall increase their social welfare budgets and shall give priority to providing subsidies to those who are under economical disadvantaged circumstances.
The government of a special municipality or a county (or city) shall, in consideration of social welfare needs and resources in its respective administrative region, plan and establish social welfare facilities in areas deemed to have insufficient resources as the first priority for the purpose of balanced development among areas and reasonable resource allocation.
The government of a special municipality or a county (or city) shall, in consideration of social welfare needs and resources in its respective administrative region, plan and establish social welfare facilities in areas deemed to have insufficient resources as the first priority for the purpose of balanced development among areas and reasonable resource allocation.
Article 20
All levels of government shall strengthen the workforce of social welfare professional personnel by taking into consideration the demographic attributes and population size of people in need, socioeconomic conditions, geographical factors, and the status of resource allocation in their respective regions.
Central competent authorities may, in accordance with the needs of each type of social welfare service, establish management systems for the qualification, certification, registration, training, and supervision of professional personnel.
Central competent authorities may, in accordance with the needs of each type of social welfare service, establish management systems for the qualification, certification, registration, training, and supervision of professional personnel.
Article 21
All levels of government shall, in accordance with social welfare needs, establish administrative systems for social welfare, strengthen the workforce, develop systems for professional personnel qualifications, provide education and training, and improve the quality of services.
Article 22
All levels of government shall, based on the principles of improving service quality, protecting the rights and interests of service recipients, and promoting sustainable development, carry out social welfare evaluation in accordance with the laws.
All levels of government may commission appropriate schools, academic or professional evaluation institutions and organizations to carry out social welfare evaluations. Evaluation shall avoid conflicts of interest and include opinions from service users. Items, methods and results of such evaluations shall be made public.
All levels of government may commission appropriate schools, academic or professional evaluation institutions and organizations to carry out social welfare evaluations. Evaluation shall avoid conflicts of interest and include opinions from service users. Items, methods and results of such evaluations shall be made public.
Article 23
All levels of government shall provide incentives, subsidies, tax relief, advice or other necessary supports to social welfare enterprises in accordance with applicable laws.
Article 24
All levels of government shall incorporate the land and spatial needs for social welfare into planning when formulating or comprehensively reviewing national spatial or urban plans. Facilities for social welfare use shall be established in consideration of service users’ need and on the basis of the universal design principle.
All levels of government shall reserve certain spaces for social welfare use in social housing provided.
All levels of government shall actively make use of idle public facilities, publicly owned land or buildings for the use of social welfare enterprises.
All levels of government shall reserve certain spaces for social welfare use in social housing provided.
All levels of government shall actively make use of idle public facilities, publicly owned land or buildings for the use of social welfare enterprises.
Article 25
When providing social welfare services, social welfare enterprises shall assure service quality, make information public and transparent, establish a friendly and safe workplace, comply with applicable laws and regulations, and advocate sustainable development.
Article 26
All levels of government shall encourage community organizations, promote community development, advance volunteer service systems, and promote social welfare in collaboration.
Article 27
All levels of government shall encourage enterprises and social organizations to perform their social responsibilities and work together on social welfare promotion.
Article 28
Social welfare service providers shall, in accordance with individual differences among service recipients, actively provide them with information related to social welfare matters, appropriate assistance, and protection of their rights.
All levels of government shall make their best efforts to ensure the accessibility of social welfare service applications and to provide a barrier-free environment throughout the service process.
All levels of government shall make their best efforts to ensure the accessibility of social welfare service applications and to provide a barrier-free environment throughout the service process.
Article 29
People may seek remedies in accordance with applicable laws if their social welfare rights are infringed.
Article 30
After the implementation of this Act, all levels of government shall enact, amend, or repeal relevant social welfare regulations in accordance with its provisions.
Article 31
This Act shall come into effect upon the date of promulgation.