Red Cross Society Act of the Republic of China

Official english translation of the "Red Cross Society Act of the Republic of China", enacted text of 37 articles promulgated by Presidential Decree on October 18, 1954  (1954)

related portals: Laws of the Republic of China. source: http://sowf.moi.gov.tw/english/021/Red%20Cross%20Society%20Act%20of%20the%20Republic%20of%20China.htm The Red Cross Society Act of the Republic of China is the founding legal document of the Taipei-based red cross society. It was approved by the Legislative Yuan of the Republic of China the 5th of October 1954 and signed by the President of the Republic of China the 18th of October 1954

Chapter 1, General Principles

Article 1

The Red Cross Society of the Republic of China is aimed to develop caritas service according to the international Red Cross Treaties signed by the government and based on the spirit of the principles set forth in the resolutions of international Red Cross meetings.

Article 2

The Red Cross Society of the Republic of China is a legal person.

Article 3

The symbol of the Red Cross Society of the Republic of China is a red cross on white background. Any other public or private organizations and associations may not use it unless approved in international Red Cross Treaties, and it is prohibited to use it as a manufacturer mark or trademark for commercial purpose.

Article 4

The Red Cross Society of the Republic of China assists the government to handle the following affairs.

1. To provide rescue and nursing for wounded soldiers and remedy for prisoners of war and common people at wartime.

2. To provide rescue and aid in case of disaster at home and abroad.

3. To provide services for preventing disease, enhancing health, and relieving disasters.

4. Other affairs conforming to the provision of Article 1.

Article 5

The headquarters of the Red Cross Society of the Republic China is located at the site of the central government.

Chapter 2, Organization

Article 6

The regulating authority in charge of the Red Cross Society of the Republic of China is the Ministry of the Interior, and its target businesses shall be implemented under the direction of the related ministries and commissions.

Article 7

In the Red Cross Society of the Republic of China shall be set an honorary president and several honorary vice presidents, and all of them shall be employed by the board of directors of the headquarters.

Article 8

In the headquarters of the Red Cross Society of the Republic of China, the organ of supreme power is the national member representative’s congress, which shall be held at the location of the central government once every two (2) years, and may be held in other places through out the country with the approval of the board of directors. During the congress is closed, the affairs of the congress shall be implemented by the board of directors.

Article 9

In the headquarters of the Red Cross Society of the Republic of China shall be set a president to preside over the Society and represent the headquarters to the outside, and one to three vice presidents to assist the president. The president and vice presidents all shall be elected by the national member representative’s congress with a tenure of four (4) years, and may be reappointed upon expiration of the tenure.

Where the president cannot perform his duty on account of certain reason, he may designate a vice president to act in his name; where necessary, the vice presidents may elect one of them to act in the name of president.

Article 10

In the headquarters of the Red Cross Society of the Republic of China shall be set a board of directors to take charge of reviewing the important matters handled by the Red Cross Society; under the board shall be set thirty-one (31) directors, and among them seven (7) are full-time directors assumed by the governors of the regulating authority and the related authorities in charge of target businesses designated by the government, sixteen (16) are elected by the national member representative’s congress, and eight (8) are appointed by the full-time directors or through election from the principals of national associations. Except the full-time directors shall be changed by the government, the tenure of all the other directors is four (4) years. One half of each session shall be reelected, and a director may be reappointed if he is elected again upon expiration of the tenure.

Article 11

In the headquarters of the Red Cross Society of the Republic of China shall be set of board of standing directors to handle the routine affairs, and this board shall be organized by five (5) to (seven) standing directors elected by and from the directors.

Article 12

In the headquarters of the Red Cross Society of the Republic of China shall be set a board of supervisors to audit the revenue and expenditure accounts of the Red Cross Society and inspect the implementation of business; in this board shall be set nine (9) supervisors, and among them three (3) are full-time supervisors assumed by the governors of the authorities in charge of finance, accounting, and auditing designated by the government, and six (6) are elected by the national member representative’s congress. And three (3) standing supervisors shall be elected by and from the supervisors to organize a board of standing supervisors to handle routine affairs. The full-time supervisors shall be appointed and recalled by the government; the tenure of elected supervisors is four (4) years, and an elected supervisor may be reappointed if he is elected again upon expiration of the tenure.

Article 13

The board of directors shall call a meeting once every half year, and the board of standing directors once every three (3) months; and both of them may hold temporary meetings where necessary. When a meeting is called, the president and the vice president(s) shall attend the meeting certainly, and the president shall be the chairman of the meeting. If the president does not attend the meeting due to certain reason, the vice president(s) and directors shall elect one of them to act on behalf of the president.

The board of supervisors shall call a meeting once every year, and the board of standing supervisors once every half year, and both of them may hold temporary meetings where necessary. When a meeting is called, the standing supervisors shall elect one of them to act as the chairman of the meeting.

Article 14

Under the board of directors in the headquarters of the Red Cross Society of the Republic of China may be set various commissions according to the businesses.

Article 15

A branch may be set in a province (municipality) and a sub-branch in a county (city) of the Republic of China, which is respectively subordinate to the headquarters or a branch, supervised by the local government, and directed by the local regulating authorities according to its business.

Article 16

In a branch of the Red Cross Society of the Republic of China shall be set a president, one (1) to (2) vice president(s), and fifteen (15) to twenty-one (21) directors; and both of them shall be elected by the member representative’s congress. The tenure of president, vice president, and director is four (4) years, and may be reappointed if being elected again upon expiration of the tenure. Three (3) to five (5) standing directors may be set and shall be elected by and from the directors.

In a sub-branch shall be set a president, one (1) to two (2) vice president(s), and nine (9) to fifteen (15) directors; and both of them shall be elected by the member representative’s congress or member’s congress; with a tenure of four (4) years, they may be reappointed if being elected again upon expiration of the tenure.

Article 17

In a branch of the Red Cross Society of the Republic of China shall be set five (5) to seven (7) supervisors elected by the member representative’s congress, and one (1) to three (3) standing supervisor(s) elected by and from the supervisors. The tenure of the aforementioned personnel is four (4) years, and reappointment is allowed if someone is elected again upon expiration of the tenure.

In a sub-branch shall be set three (3) to five (5) supervisors elected by the member representative’s congress or the member’s congress. The tenure of the aforementioned personnel is four (4) years, and reappointment is allowed if someone is elected again upon expiration of the tenure.

Chapter 3 Members

Article 18

The members of the Red Cross Society of the Republic of China are divided into the following classes:

1. Honorary members: recognized by the board of directors in the headquarters due to special meritorious service or contributions.

2. Basic members:

(A) Initiators or individuals of the headquarters, branches, and sub-branches who has paid the admission fee once according to the constitution.

(B) Common members: those who have paid the admission fee for over ten (10) years according to the constitution.

3. Special members: medical nursing personnel and other social workers who have paid the admission fee once according to the constitution, or voluntarily provide volunteer service and have made great achievements.

4. Association members: the associations that pay perennial membership fee according to the constitution.

5. Common members: the individuals who pay perennial membership fee according to the constitution.

6. Juvenile members: the underage citizens who pay perennial membership fee according to the constitution.

The members as listed in Subparagraphs 1~3 of the above paragraph are life-time members, and those listed in Subparagraphs 4~6 are perennial members. The payment standards of various members shall be determined by the headquarters.

Article 19

A member of the Red Cross Society of the Republic of China shall have the rights to attend the member’s congress or the member representative’s congress of the sub-branch to which he is affiliated, to elect, and to be elected. Where a sub-branch has more than one thousand (1,000) members, the member’s congress may be held in several subareas to elect representatives for attending the member representative’s congress of the sub-branch.

Article 20

Each branch or sub-branch of the Red Cross Society of the Republic of China shall recruit members periodically once every year, and the local government shall provide assistance for the recruitment.

Article 21

The Red Cross Society of the Republic of China may cancel the membership of any member according to law.

Chapter 4, Member Representative’s Congress

Article 22

According to the provision of Article 8 of this Act, the Red Cross Society of the Republic of China shall hold a national member representative’s congress once every two (2) years; where necessary, a temporary meeting may be called with the resolution of the board of directors of the headquarters, or at the request of not less than one-third of branches and with the approval of the board of directors of the headquarters.

Article 23

The branches shall separately call member representative’s congresses to elect representatives to compose the national member representative’s congress.

Article 24

The national member representative’s congress burdens the following tasks:

1. To hear reports on the affairs of the Society.

2. To determine guidelines on the affairs of the Society.

3. To audit financial incomes and expenditures.

4. To elect the president, vice president(s), directors, and supervisors of the headquarters.

5. To handle other important affairs.

Article 25

The president of the headquarters shall undoubtedly be the chairman of the national member representative’s congress of the Red Cross Society of the Republic of China.

Article 26

The date and important topics of the national member representative’s congress of the Red Cross Society of the Republic of China shall be determined by the board of directors of the headquarters. But the headquarters shall inform the branches and sub-branches and give public announcement two (2) months before the congress is called.

Article 27

A branch or sub-branch of the Red Cross Society of the Republic of China shall hold a member representative’s congress or member’s congress once every year.

Chapter 5, Assets

Article 28

The assets of the Red Cross Society of the Republic of China are as follows:

1. Fund.

2. Governmental subsidy.

3. Membership fee.

4. Bequest.

5. Donations.

6. Business incomes.

7. Movable and real properties.

8. Interest incomes.

Article29

The Red Cross Society of the Republic of China may collect donations at home and from abroad with the approval of the board of directors.

Article 30

The Red Cross Society of the Republic of China has the right to enjoy exemption from tax entitled by the government according to law.

Article 31

The Red Cross Society of the Republic of China may cooperate with public or private organizations and associations at home and abroad to operate the business conforming to the provision of Article 4 and accept subsidies from them.

Chapter 6, Special Provisions for Wartime

Article 32

The personnel of the Red Cross Society of the Republic of China who follow the army to provide rescue and aid at wartime shall be treated similarly to the military civil servants, and their uniforms, unless otherwise prescribed by international treaties, shall be stipulated by the headquarters and reported to the regulating authority for registration.

Article 33

The shipping and transportation of the personnel of the Red Cross Society of the Republic of China who follow the army to provide rescue and aid at wartime as well as the rescue equipment shall be handled in accordance with the Regulations on Military Transportation.

Article 34

If the personnel of the Red Cross Society of the Republic of China who follow the army to provide rescue and aid at wartime need medical equipment, house, food, ship, car, horse, and aircraft in the battlefield, they may respectively request the related regulating authorities to allocate such materials and goods.

Chapter 7, Supplementary Provisions

Article 35

The headquarters of the Red Cross Society of the Republic of China shall submit the work plan and budget at the beginning of each business year and the business report and final accounts on the termination of the year to the Ministry of the Interior, for the Ministry to forward them to the Executive Yuan for registration.

Article 36

Enforcement Rules for this Act shall be prepared by the Ministry of the Interior and reported to the Executive Yuan for adoption.

Article 37

This Act shall become effective as of the date of promulgation.

This work is in the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.