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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/05/21 21:11
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Chapter Law Content

Chapter Eight: Supplementary Provisions
Article 57
(Adjustment & Application of Disaster Prevention and Protection Expenditures)
Expenditures needed to implement disaster prevention and protection under the Act shall be duly prepared with the budgets by the government at each tier according to those affairs to be undertaken as set forth in the Act.
Receipts and expenditures of the current fiscal year may be adjusted as applicable without being subject to Articles 62 and 63 of Budget Act when such adjustment is required in the event that the budget prepared for the expenditures of disaster prevention and protection is insufficient to pay the costs of the response measures during the disaster, and the recovery and reconstruction after the disaster.
Where the situation described in the preceding Paragraph has been approved by Executive Yuan, it shall not be bounded by restrictions set forth in Article 23 of the Budget Act.
Article 58
Where a township (city) or indigenous districts office is unable to afford post-disaster restoration and reconstruction costs derived from a major natural disaster, the case may be reported to the county or special municipal government subordinated thereto for a subsidy.
Where the municipal or county (city) government is unable to cover the said expenditure, it shall request subsidy from Central Government.
Pursuant to the preceding two paragraphs, timing of the application for the subsidy, qualifications, guidelines, and request procedure shall be reimbursed with the procedure to be enacted by the respective county or special municipal government and Executive Yuan.
Article 59
(Application of Civil Donation for Disaster Relief)
Where the disaster relief funds donated or gifted by the private sector is organized or handled by the government for disaster response, restoration and reconstruction, the said conducts shall be in compliance with Charity Donations Destined for Social Welfare Funds Implementation Regulations.
Article 60
(Commendation of Disaster Prevention Merits)
Any agency, prevention and protection group, prevention and protection voluntary organization or individual that or who has given extraordinary contributions to the following national disaster prevention and protection education shall be duly commended by the government of each tier:
1 Private sector set up disaster prevention and protection education facilities and venues in public and private idle spaces or buildings.
2. Citizens serve as volunteers in disaster prevention and protection education.
3. Private enterprises provide funds, facilities or other resources to promote national disaster prevention and protection education.
Regulations governing the qualifications, conditions, scope of application, review procedures, review standards, methods of commendation and other related matters of the recipient referred to in the preceding paragraph shall be defined by the central disaster prevention and protection operation regulating authorities.
Article 61
(Compensation for the Wounded and Dead Suffered from Carrying out Disaster Prevention and Protection Action)
Any one carrying out disaster prevention and protection could get allowence, and who becomes injured, ill, disabled, or dead in the course of carrying out disaster prevention and protection action under the Act, payment(s) shall be paid according to the following requirements:
1. Injury or ill: a certificate for such injury or ill issued by the government shall be produced to a public hospital or a contracted hospital to receive medical care: Provided, however, that medical care may be sought from any hospital in case of emergency.
2. Disabled: the disabled payment shall be paid in a lump sum depending on the gravity of the injury as follows:
(1) Extremely severe and severe degree: 36 cardinals;
(2) Intermediate degree: 18 cardinals; or
(3) Mild degree: 8 cardinals.
3. Death in the event: 90 cardinals of pension is payable in a lump sum
4. Disabled and then dead within one year after the event: payment in a lump sum to make up the deficiency as provided in the preceding subparagraph.
For the purpose of this Article, the amount of one cardinal shall not be less than that of a monthly remuneration of an annual remuneration payable to a civil servant of the fifth post rank.
The authentication of the disabled degree set forth in the second paragraph shall be determined pursuant to “People with Disabilities Rights Protection Act” and related regulations.
All expenses required for the allowance as described in Paragraph 1 shall be approved by governments at all levels and public enterprises.
All expenses derived from the payments as described in Paragraph 1 shall be budgeted and approved by governments at all levels.
Article 62
Where a person is missing due to disaster, the court shall confirm his or her death and time of death according to application of stakeholder or prosecutor even though the body has not been found yet.
The application in the foregoing paragraph shall be made within one year after the disaster.
The missing person in the first paragraph is presumed to be dead at the time confirmed by the court’s final judgment.
Regarding the final judgment on the death and time of death and revocation or amendment to the said judgment, matters concerning the declaration of death by the court stated in Family Act shall be applicable if no regulation has been made in the Act.
A public summon shall be made for court permitted applicant stated in Paragraph 1. Besides, Paragraph 3 and 4 of Article 130, and Paragraph 2 of Article 156 of Family Act are applicable in the case. The filing period shall be three weeks to two months, from the date of publication
Article 63
(The Enactment of Disaster Prevention and Protection Category and Standard)
Categories, types, standards and related matters for the purpose of supports to be provided for the disaster shall be unified and specified jointly by the central disaster prevention and protection operation regulating authorities and the municipal, or county (city) governments.
Article 64
(Certification of Civil Voluntary Organization of Disaster Prevention and Protection)
Registration and work permit for prevention and protection group of the emergency response measures or prevention and protection voluntary organization shall make recordation with the municipal government, county (city) government; filing requirements of recordation, expiry date, abandonment, guidance and other related matters shall be prepared by Ministry of the Interior.
The government shall insure against accident insurance and help provide salvation equipment for prevention and protection group or prevention and protection voluntary organization in record under the preceding provision.
Article 65
(Enforcement Rules)
The Enforcement Rules of the Act shall be enacted by Ministry of the Interior.
Article 66
The Act shall become effective on the date of promulgation.
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