Physically and Mentally Disabled Citizens Protection Act

The whole enacted text of 26 articles promulgated by
President Order Tai-Tung (1)-Yi-Tzu No.3028 June 2, 1980
The whole amended text of 31 articles promulgated by
President Order Hua-Tsung-Yi-Tzu No.0424 January 24, 1990
Amended Article 3 promulgated by President Order Hua-Tsung-Yi-Tzu No.4056 June 16, 1995
The whole amended text of 75 articles promulgated by President Order Hua-Tsung-Yi-Tzu No.8600097810 April 23, 1997
The whole amended text of 65 articles promulgated by President Order Hua-Tsung-Yi-Tzu No.8600101190 April 26, 1997
Amended and promulgated byPresident Order Hua-Tsung-Yi-Tzu No.9000224680 November 21, 2001
President Order Hua-Tsung-Yi-Tzu No.092006210 June 25
Amendment of Article 26 and Article 62 and the additional Article 64-1 are promulgated by President Order Hua-Tsung-Yi-Yi-Tzu No. 09200116210 on June 25, 2003
Additional Article 51-1 and Article 65-1 are promulgated
by President Order Hua-Tsung-Yi-Yi-Tzu No. 09300117621 on June 23, 2004

Chapter 1 General Principles

Article 1 This Act is enacted to protect the legal rights, interests, and livelihood of the disabled, secure their opportunity to participate in the social life fairly, consolidate the governmental and private resources, plan and implement all measures of assistance and welfare. Affairs other than prescribed in this Act shall be governed by the regulations of other laws.

Article 2 The competent authorities referred to in this Act are the Ministry of the Interior at the central level, municipal governments at the municipal level, and county (city) governments at the county (city) level.

The affairs prescribed in this Act and related to the duties of individual competent authorities in charge of specific business shall be handled by the competent authorities in charge of specific business individually.

The powers and duties of the competent authorities of individual levels and the competent authorities in charge of specific business referred to the above two paragraphs are divided as follows:

1. The competent authorities take the responsibility for the plan and implementation of the affairs concerning welfare service, such as protection of the dignity and legal rights and interests of the disabled, establishment of basic personnel information, examination and issuance of disability manuals, nursing service, maintenance, livelihood, consultation, entertainment, in-home services, and so on.

2. The competent authorities in charge of health take the responsibility for the plan and implementation of the affairs concerning the examination and determination of the disabled, medical treatment and rehabilitation, early medical treatment, health insurance, research and development of auxiliary appliances for medical treatment and health care, and so on.

3. The competent authorities in charge of education take the responsibility for the plan and implementation of the affairs concerning the education of the disabled and the subsidies of the required funds, teaching material for special education, teaching, research and development of auxiliary appliances, examination and approval of teachers for special education, training and cultivation of various professionals referred to in this Act, schooling and social education of the disabled, and so on.

4. The competent authorities in charge of labor take the responsibility for the plan and implementation of the affairs concerning the vocational training and employment services of the disabled, execution of the obligatory employment and employment security, protection of wages and working conditions, research and development vocational types for employment and auxiliary appliances, administration and use of the funds in the exclusive account of the employment fund established for the disabled, and so on.

5. The competent authorities in charge of construction, public works, and public housing take the responsibility for the plan and implementation of the affairs concerning the privileges given to the disabled in their favor when they apply for the retail stores or booths located in the public places owned by the government, public housing, parking lots of the public buildings, public facilities, buildings with access-free living environment.

6. The competent authorities in charge of transportation and communications take the responsibility for the plan and implementation of the affairs concerning the privileges given to the disabled in their favor when they use public transports and public parking lots, access-free public transports, communication in daily life, and so on.

7. The competent authorities in charge of finance take the responsibility for the plan and implementation of the affairs concerning the reduction of and exemption from taxation in favor of the disabled and the welfare institutions for the disabled.

8. Other measures shall be implemented by individual competent authorities in charge f specific business pursuant to their authority.

Article 3 The disabled referred to in this Act mean the people whose functions of participating in the society and engaging in the production activities are restricted or can not be brought into full play due to physical or mental factors and who, after the process of assessment, are regarded as suffering one of the following malfunctions which are in conformity with the grades regulated by the central competent authorities in charge of health and have received the disability manuals:

1. Vision disability.
2. Hearing mechanism disability.
3. Balancing mechanism disability.
4. Voice or speech mechanism disability.
5. Limbs disability.
6. Mentally disability.
7. Losing functions of primary organs.
8. Suffering facial damage.
9. Unconscious chronically.
10. Senile Dementia
11. Autism.
12. Chromic psychosis.
13. Multi-disability.
14. Stubborn (difficult-to-cure) epilepsy
15. Physical or mental disability caused by infrequent disease and confirmed by the central competent authority in charge of health.
16. Other disabilities confirmed by the central competent authority in charge of health.

The grades of the malfunctions referred to in the above paragraph, the important organs referred to in Subparagraph 7, and the other physical or mental disabilities referred to in Subparagraph 16 shall be determined by the central competent authority in charge of health.

Article 4 The dignity and legal rights and interests of the disabled shall be respected and guaranteed. The disabled shall not be deprived of the opportunities to receive education, take exam, get employment, or be treated unfairly only because of their disability, unless there is evidence shows that they are incompetent.

Article 5 To prevent and reduce the occurrence of physical or mental disability, the competent authorities in charge of related business in the governments of individual levels shall systematically promote the prevention of disability, propagandize the knowledge of eugenics, health care and prevention of physical or mental disability, and work out laws and regulations aiming at the factors that cause disability such as heredity, disease, disaster, environmental pollution, and so on. Besides, they also shall promote related propaganda and social education.

Article 6 The central and municipal or county (city) competent authorities and the competent authorities in charge of specific business shall establish units or appoint officers to handle the affairs concerning the rights and interests of the disabled exclusively. The number of the units or officers shall be determined according to the actual requirement for providing the service.

The business related to the welfare of the disabled shall be handled by the selected professional workers.

The standards for selecting the professional workers referred to in the preceding paragraph and the guidelines for their training shall be determined by the central competent authority of this Act and the central competent authorities in charge of specific business.

Article 7 The competent authorities of individual levels shall establish Protection Committees for the disabled. The administrative leader acts as the chairman of the Committee, and the competent authorities in charge of specific business, the representatives of the disabled or their guardians, scholars and experts in the field of the welfare for the disabled, parliamentarians, and the representatives of the private sector or associations concerned are the members. The number of the representatives of the disabled or their guardians, parliamentarians, and the representatives of the private sector or associations shall be not less than one third of the total number of the committeemen.

The Protection Committees referred to in the above paragraph are in charge of the following affairs:

1. Integration, plan, research, consultation, coordination, and promotion of the affairs concerning improving protection of the disabled;

2. Examination of the appeals for the damage to their rights and interests of the disabled.

3. Other affairs that can improve the rights and interests, welfare, and protection of the disabled.

Organizational regulations of the Protection Committees referred to in the first Paragraph and disposal of the appeals for the damage to their rights and interests of the disabled referred to in Subparagraph 2 of the preceding Paragraph shall be determined by the corresponding competent authorities.

The final appeals for the damage to the rights and interests of the disabled shall be judged by the Protection Committee of the central competent authority.

Article 8 The governments of individual levels shall periodically investigate the living demand of the disabled in December at least once every three years and publish the statistic reports.

Investigation of the disabled shall be included in the population census taken by the Executive Yuan once every ten years.

Article 9 The funds for the welfare of the disabled are raised from the following resources:

1. The budgets made by the governments of individual levels exclusively for the welfare of the disabled;
2. Social welfare fund;
3. The exclusive account of the employment fund established for the disabled.
4. Donations from private individuals or associations.
5. Other incomes.

The budgets for the welfare of the disabled referred to in Subparagraph 1 of Paragraph 1 shall be made generously in accordance with the investigation reports referred to in Article 8.

If a municipal or county (city) government really has difficulty in making the budget for the welfare of the disabled referred to in Subparagraph 1 of Paragraph 1, the central government shall provide subsidy.

Article 10 The municipal and county (city) competent authorities in charge of health shall establish assessment teams to appoint medical institutions or assessment operation groups to render the assessment services referred to in Paragraph 1 of Article 3. Where the disabled who set their domiciles in the governed districts have been confirmed to be in conformity with the regulations, the competent authorities shall actively issue the disability manuals.

Regulations on the above-mentioned assessment shall be determined by the central competent authority in charge of health, and regulations on issuance of the disability manuals by the central competent authority.

Article 11 Where the condition of the disabled changes, the disabled shall apply for re-assessment on their own initiatives or at the instruction of the assessment team.

The disabled who don’t agree with the result of assessment and make objection against it may submit a written application to the assessment team within 30 days commencing from the next day after receipt of the result, to apply for re-assessment for one time, and shall pay 40% of the assessment fees. If the objection is accepted, the paid assessment fees will be refunded to the disabled concerned.

Article 12 The problems concerning assessment of the disabled and that of exemption from military service shall be studied and consulted by the Ministry of the Interior, the Ministry of Education, and the Department of Health together with the Ministry of National Defense.

Article 13 Upon alteration or elimination of the fact of disability, the disabled shall return the disability manuals to the original departments issuing such manuals for alteration or cancellation.

Upon finding that the disability classes and grades recorded in the disability manuals are obviously not in conformity with the fact, the original departments issuing the manuals shall order the disabled to take re-assessment within a given period. If the disabled do not take the re-assessment in the period, the departments may directly cancel the disability manuals.

Article 14 To provide timely medical treatment and services, the related central competent authorities in charge of specific business shall make reports and establish the following notification systems:

1. The competent authorities in charge of health shall establish a notification system for finding the infants under 6 years old suspected to be disabled;
2. The competent authorities in charge of education shall establish a notification system for finding the students suspected to be disabled;
3. The competent authorities in charge of labor shall establish a notification system of vocational injuries;
4. The competent authorities in charge of police administration shall establish a notification system of traffic accidents;
5. The competent authorities in charge of fire fighting shall establish a notification system of emergent medical treatment and first aid;
6. The competent authorities in charge of household administration shall establish a notification system of the change of movement of the disabled.

Upon finding that there is any person suspected to be disabled as referred to in this Act, the competent authorities in charge of specific business shall immediately notify local competent authorities for active assistance.

Article 15 The competent authorities of individual levels and the competent authorities in charge of specific business shall establish individualized professional service system and render services on the basis of assessment performed by the professional workers to meet the actual requirements of the disabled, and have them obtain proper guidance and arrangement.

The individualized professional service system referred to in the above paragraph includes case management, employment service, special education, medical treatment and rehabilitation, and so on. The affairs concerned shall be implemented by the competent authorities of individual levels and the competent authorities in charge of specific business in accordance with related laws and regulations, or commissioned to the private sector for implementation under the guidance of the competent authorities.

Article 16 To improve the rehabilitation of the disabled and reinforce the functions of research & development, integration, and planning of access-free environment, the central government shall establish or assist the private sector to establish a research & development center for physical and mental disability.

Chapter 2 Medical Treatment and Rehabilitation

Article 17 The central competent authority in charge of health shall integrate the medical resources of the country to perform physical examination for infants and provide the disabled with proper services concerning medical treatment, rehabilitation, and early medical treatment

The competent authorities of individual levels in charge of health shall provide medical treatment and rehabilitation services for the disabled who are emplaced in the preschool medical and nursing institutions, related service institutions, and schools to meet their need.

Article 18 To reinforce the medical treatment and rehabilitation services for the disabled and the research & development of the auxiliary appliances for medical treatment and rehabilitation, the local competent authorities in charge of health shall, according to the number of each class of the disabled and their need, establish or encourage the private sector to establish medical treatment and rehabilitation institutions, auxiliary appliances research & development institutions, and nursing institutions.

Article 19 Before the fees for medical treatment and auxiliary appliances needed by the disabled for rehabilitation are included in the coverage of the national health insurance, the municipal and county (city) competent authorities shall subsidize the disabled according to the grade of disability.

Regulations on the above-mentioned subsidization shall be prescribed by the central competent authority together with the central competent authority in charge of health.

Chapter 3 Rights and Interests of Education

Article 20 The central and municipal, county (city) competent authorities shall, according to the data obtained in census of the disabled, plan and establish special education schools or classes, or educate in other ways the disabled who can not receive schooling in ordinary schools or classes, so as to protect their rights and interests of education.

The government shall provide free transport for the children in school ages who are disabled and thus cannot go to school or return home from school by themselves. In case the government really has difficult in providing such transport, traffic subsidy shall be provided; if the funds raised by the municipal or county (city) competent authority are not sufficient, the central government shall subsidize the local government.

Article 21 The competent authorities of individual levels in charge of education shall actively help the disabled to receive schooling, and the schools of individual levels may not refuse the disabled because of the class or degree of disability, or because of the fact that the special education class (school) has not been established.

Article 22 The competent authority in charge of education shall, according to the grade of disability, favor them or their children with related educational expenses. The regulations on the subsidization shall be prescribed by the central competent authority in charge of education.

Article 23 Upon arranging education and entrance exam for the disabled, the competent authorities of individual levels in charge of education shall, according to the condition of the disabled and the learning requirements, provide necessary professional workers, special teaching materials and all kinds of educational auxiliary appliances, access-free campus environment, Braille books, and related education resources, so as to create fair and reasonable opportunities and conditions to receive education and take examination.

Article 24 The governments of individual levels shall establish or encourage the private sector to establish medical and nursing institutions for preschool children, and encourage kindergartens, nurseries, and other preschool medical and nursing institutions to arrange education, nursing services, and special training for the disabled infants.

Article 25 To encourage the disabled to receive to receive education in senior high schools and colleges, the central competent authority in charge of education shall enact regulations for implementing the encouragement.

The above-mentioned schools that provide schooling for the disabled, if having not the access-free software and hardware, may claim subsidies from the central competent authority in charge of education to improve access-free campuses.

Chapter 4 Promotion of Employment

Article 26 Governments at all levels should provide obstacle-free individual vocational training and employment service to disabled citizens depending on their disabled classes and grade and submit the corresponding records of such activities to public opinion authorities at all levels every half a year as reference.

Article 27 The competent authorities in charge of labor shall establish or encourage the private sector to establish vocational training and employment service institutions and, according to the actual need of the disabled, provide vocational training, employment services, research and development of the auxiliary appliances for the employment, and other related services.

Article 28 When assisting the disabled in their seeking for employment, the competent authorities in charge of labor shall first perform vocational guidance assessment to provide proper employment services.

Regulations on the vocational guidance assessment referred to in the preceding paragraph shall be enacted by the central competent authority in charge of labor.

Article 29 The competent authorities in charge of labor shall, according to the actual need of the disabled, subsidize them with funds needed for vocational reconstruction, loans for creating new businesses, and use of necessary auxiliary appliances.

The vocational reconstruction referred to in the preceding paragraph means vocational training, vocational guidance assessment, employment services, tracing and guidance for reemployment, and so on.

Regulations on the subsidization for vocational reconstruction, loans for creating new businesses, and use of necessary auxiliary appliances referred to in the first paragraph shall be enacted by the central competent authority in charge of labor.

Article 30 The competent authorities in charge of labor shall provide supportive and individualized employment services for the disabled who have capability to work but are still not able to enter the competitive employment market, and provide sheltering employment services for the disabled who are willing to work but have no sufficient capability to do their jobs.

The competent authorities and the competent authorities in charge of specific business may establish or encourage the private sector to establish sheltering plants or stores.

Article 31 A government department, public school, or public business institution whose total number of employees is not less than 50 shall employ the disabled with capability to work and the number of the employed disabled employees shall be not less than 2 percent of the total number of the employees.

A private school, association, or private business institution whose total number of employees is not less than 100 shall employ the disabled with capability to work and the number of the employed disabled employees shall be not less than 1 percent of the total number of the employees.

Where the government department, public or private school, association or business institution referred to in the above two paragraphs is a department (institution) that has the obligation to employ the disabled, and doesn’t employ sufficient number of the disabled in accordance with the above two paragraphs, it shall periodically pay the difference of the subsidies to the exclusive account of the employment fund established for the disabled by the municipal or county (city) competent authority in charge of labor. The payment shall be calculated through multiplying the monthly basic wage by the number of vacancy of the disabled that should be employed but are not employed.

Where a department or institution employs a seriously disabled person in accordance with the above two paragraphs, the disabled person shall be calculated as two. The guidelines for calculating the total number of the disabled employees obligatorily employed by the units of police administration, fire fighting, Customs affairs, and legal affairs shall be prescribed otherwise in the Enforcement Rules for this Act.

Article 32 To employ the disabled, the government departments of individual levels, public schools, and public business institutions shall request the Civil Service Yuan to arrange special examination for the disabled and remove the unreasonable restrictions on the grade of physical fitness of the disabled occurred in the examinations for government employees.

Article 33 The departments (institutions) that employ the disabled shall abide by the principle of “same pay for same work” and treat them without any discrimination. The wages for the disabled working in normal work time may not be less than the basic wage.

The wages of the disabled shall be calculated according to the calculation methods of the normal wages. If the productivity is not sufficient, the wages may be reasonably reduced, but the reduced wages may not be less than 70 percent of the original wages.

Where any dispute arises concerning the decision of the insufficient productivity or the amount of the reduced wages referred to in the preceding paragraph, the disabled employee concerned may appeal to the Protection Committee referred to in Article 7.

Article 34 The municipal and county (city) competent authorities in charge of labor shall, with the funds in the exclusive account of the employment fund, subsidize the departments (institutions) that have employed the disabled to the extent of a certain level for their expenditures on purchasing, change, repair appliances and equipment and assistance in employment of the disabled. The competent authorities in charge of labor may also grant rewards to the private sector, the amount of the rewards shall be determined by the number the of the disabled extra employed by the private sector times one half of the monthly basic wages. The use of the rewards shall be limited within the range of the assistance in employment of the disabled.

Article 35 The competent authorities of individual levels in charge of labor shall encourage the departments (institutions) that perform excellently in employing the disabled.

Regulations on the encouragement referred to in the preceding paragraph shall be prescribed by the central competent authority in charge of labor.

Article 36 The municipal and county (city) competent authorities in charge of labor shall open an exclusive account of employment fund for the disabled to deposit the subsidies received in accordance with Paragraph 3 of Article 31 and, in addition to subsidizing the departments (institutions) employing the disabled pursuant to this Act, shall use this account to improve the employment rights and interests of the disabled.

The fund referred to in the preceding paragraph shall be excluded from the annual budget of the government. Regulations on the incomes & expenditures, safekeeping, and utilization of the exclusive account shall be prescribed by the corresponding municipal or county (city) competent authority in charge of labor.

Article 37 Anyone other than the vision disabled referred to in this Act may not be engaged in massage, with the only exemption that the medical and nursing personnel may utilize massage to cure the patients.

The disabled with sight malfunction may, after having taken the professional training and obtained the qualification, be engaged in massage in specified places.

To be engaged in massage or physiotherapy massage, the disabled with sight malfunction shall apply for the massage or physiotherapy massage practicing permit at the competent authority at the location of practicing.

Regulations on issuance, replacement, renewal and abolishment of the above-mentioned qualification and permit as well as other related affairs shall be prescribed by the central competent authority together with the central competent authority in charge of health.

Chapter 5 Welfare Services

Article 38 The municipal and county (city) competent authorities shall, according to the class, grade, and family economic conditions of the disabled, provide the disabled in their governed districts with subsidies for their livelihood, nursing, maintenance, and other expenses necessary for their welfare. And there shall be no limit on the time of setting the domiciles.

Regulations on the subsidies referred to in the preceding paragraph shall be prescribed by the central competent authority.

To handle the affairs mentioned in the first paragraph, the municipal and county (city) competent authorities shall, on their own initiative and before the end of each accounting year, reexamine the documents concerning the approved subsidy cases and those provided by the related departments. However, where it is deemed as necessary for examination or alteration of the applicant’s qualification, the competent authorities may request the applicant to provide the related certification documents.

Article 39 The municipal and county (city) competent authorities may, according to the actual requirements, provide places, equipments, and funds or consolidate the resources of the private sector in other ways to provide welfare services for the disabled. The implementation regulations shall be prescribed by the central competent authority.

Article 40 To assist the disabled to obtain continuous care, the municipal and county (city) competent authorities shall provide or consolidate the resources of the private sector to provide the following home services:

1. Home nursing;
2. Home care;
3. Assistance in household chores;
4. Friendly visits;
5. Greetings by telephone;
6. Brining meals home;
7. Improvement of the environment inside and around the house;
8. Other related home services.

Article 41 To reinforce the willingness and capability of the families to take care of the disabled, the municipal and county (city) competent authorities shall provide or consolidate the resources of the private sector to provide the following community services:

1. Rehabilitation services;
2. Psychological consultation;
3. Day care;
4. Temporary and short-term care;
5. Catering services;
6. Transport services;
7. Recreation services;
8. Vocational education;
9. Information services;
10. Referring services;
11. Other related community services.

Article 42 To connect the welfare demand of the disabled in different stages of their careers, the related departments in the municipal and county (city) competent authorities shall aggressively communicate and coordinate with each other and work out career change and connection plans to provide the disabled with complete and continuous services.

Article 43 To ensure that the disabled can still be taken care and secured when their lineal relatives or supporters are old, the central competent authority shall, together with the related competent authorities in charge of specific business, establish secured maintenance guarding system and property trust system for the disabled.

Article 44 When the disabled participate in social insurance, the government shall, according to their family economic conditions and the grade of disability, subsidize them for the part of the premium that shall be paid by the disabled themselves. The premium of the disabled with serious or very serious malfunctions shall be wholly burdened by the government.

Regulations on the subsidization for premium referred to in the preceding paragraph shall be prescribed by the central competent authority.

Article 45 Upon planning the national pension system, the government shall first include the disabled into the system.

Article 46 The government shall, according to the grade of disability and the family economic conditions of the disabled, reduce or exempt the taxes to be paid by the disabled or their supporters.

Where a tax payer or his/her spouse or supported family member who returns the tax together with the tax payer is disabled, it is allowed to record the special reduction amount in favor of the disabled on the tax return, and the amount is determined in the Income Tax Act.

The subsidies received by the disabled or their supporters are not subject to taxation.

Article 47 Where the disabled apply for setting up retail stores or booths in public places owned by the government, or for purchasing or rent public housing or parking lots, the government shall reserve certain quota of the places for them and prove their applications first.

The disabled who obtain the approval the government in accordance with the above paragraph shall manage by themselves or use or live in the places for a certain period. Where it is necessary to rent out or assign the places, they shall be rented or assigned to other disabled persons preferentially. However, if the disabled has lived in the house for 5 years by himself/herself, and nobody wants to rent or buy it after announcement is issued by the competent authority, the competent department may list it as a common public housing, and dispose it according to the regulations prescribed by the competent authorities in charge of public housing.

The government shall provide loans with low interest rate for the disabled who purchase or rent the retail stores, public housing, or parking lots referred to in the first paragraph. Regulations on providing the loans shall be prescribed by the central competent authority.

The percentage of the reserved quota referred to in the first paragraph shall be determined by each municipal or county (city) government.

Article 48 In each public parking area, 2 percent of the total parking lots shall be reserved for the use of the disabled. Where the total number of a public parking area is less than 50, at least 1 lot must be reserved for the disabled parking only. Any person other than the disabled who have the identification cards of disabled parking and their family members is not allowed to use the reserved parking lot(s).

The location, space planning and usage of the disabled parking lots as well as issuance of the identification cards and punishment for illegal use shall be prescribed by the central competent authority together with the related units in charge of transportation & communication, construction, and so on.

Article 49 When the disabled or their supporters living together with them rent a house because they have no self-owned house or purchase a house for the first time, the municipal or county (city) competent authority shall, according to the family economic conditions of the disabled, subsidize them for the rent or loan interest.

Regulations on the subsidy for house rent or loan interest referred to in the preceding paragraph shall be prescribed by the central competent authority.

Article 50 The disabled and their guardians or one of the necessary companions may, when taking domestic public and private water, land, or aerial transport, be favored with half price by right of the disability manuals.

The disabled have priors right to take the transports referred to in the preceding paragraph.

Regulations on implementation of the affairs referred in the above two paragraphs shall be prescribed by the central competent authorities in charge of specific business.

Article 51 The disabled and their guardians or one of the necessary companions do not need to pay when entering the charged public scenery areas, entertainment places, or cultural and educational areas. Where the scenery areas, entertainment places, or cultural and educational areas are managed by the private sector, they shall be favored with half price.

Article 51-1 The visual disabled, who is accompanied by qualified guide dogs, or the trainer of guide dogs, who takes guide puppies along during the period of practicing guiding, can enter and leave without any restriction public places, public buildings, business ground, public transportation means and other public establishments.

Owners, supervisors or users of the public places, public buildings, business ground, public transportation means and other public establishments mentioned in the previous paragraph mustn’t charge additional fee upon the guide puppies and qualified guide dogs and reject their free coming and going or attach other conditions.

The qualification determination, employment and management of qualified guide dogs and guide puppies and other related regulations should be made by the central responsible agencies, together with authorities in charge of all purpose enterprises.

Article 52 Any person who owns, rents, rents out, or manages public places or facilities, may not prevent the disabled from fairly using and enjoying the articles, services, equipments, rights, interests and facilities only because of disability.

Article 53 The governments of individual levels and the private sector shall take the following measures to enrich the cultural and spiritual life of the disabled:

1. Reflecting the life of the disabled through broadcast, TV, movies, newspapers and journals, books, and so on;
2. Preparing and rewarding the books of various kinds to meet the demand of the disabled with different malfunction grades, producing TV sign language programs, and adding subtitles and explanation in some TV works;
3. Organizing and encouraging the disabled to participate in all kinds of cultural, athletic and entertainment activities, performance of special talents and skills, and important international contests and intercommunication.

Regulations for implementing the preceding paragraph shall be prescribed by the central competent authority together with the competent authorities in charge of specific business.

Article 54 The governments of individual levels and the private sector shall encourage and sponsor the disabled to participate in creative activities in literature, art, education, science, technology, and so on.

Article 55 Communication enterprises shall provide access and other special transmission services for the disabled. The implementation regulations shall be prescribed by the central competent authority in charge of specific business.

Article 56 The public buildings, activity places, and public transports to be newly constructed or manufactured shall include facilities and equipment that are convenient for the disabled to use. The government shall not issue construction licenses to the public buildings, activity places, or public transports that are not in conformity with the foresaid provision, nor allow them to be opened to the public.

Regulations on establishment of the access-free equipments and facilities in the public buildings, activity places, and public transports referred to in the preceding paragraph shall be prescribed in other related laws and regulations by the central competent authorities in charge of specific business.

The competent authorities of individual levels in charge of specific business shall order the owners or the people in charge of the management of the public buildings, activity places, and public transports that have obtain the construction licenses or have been opened to the public to improve if the access-free equipment and facilities are not in conformity with the regulations of the above paragraph or, if the regulations of the above paragraph are amended. But where it is really difficult to establish access-free equipments and facilities due to military control, protection of ancient relics, natural factors, construction of the buildings, restriction of the equipments, or other special conditions, the owners or the people in charge of the management institution may submit an alternative improvement plan to the competent authorities of individual levels in charge of specific business for examination and reference, and the competent authorities shall decide the time limit for implementing the improvement plan. The operational procedure and the principles of examination shall be prescribed by the central competent authorities in charge of specific business.

Article 57 Where a disabled person is involved in a suit case or gives witness before the court, the public official who proceeds the criminal procedure shall, according to the special need of the disabled, provide necessary assistance.

Chapter 6 Welfare Institutions

Article 58 The governments of individual levels shall, according to the actual requirements, establish by themselves or consolidate the resources of the private sector to establish the following welfare institutions for the disabled:

1. Educational, medical, nursing, and rehabilitation institutions for the disabled;
2. Publishing houses and libraries for the vision disabled;
3. Shelter plants for the disabled;
4. Vocational training and employment service institutions;
5. Accommodation and maintenance institutions for the disabled;
6. Service and entertainment institutions for the disabled;
7. Other welfare institutions for the disabled.

Professional workers shall be selected to handle the business of the above institutions, and provided with periodical on-job training. The institutions may charge fees for providing the facilities and services.

The institutions referred to in the first paragraph may be established separately or together. The regulations on permit and preparation of establishment, rewarding, and inspection as well as the standards of the facilities, staffing and qualifications shall be prescribed by the central competent authority and the central competent authorities in charge of specific business.

Article 59 To establish a welfare institution for the disabled, applications shall be submitted to the competent authorities in charge of specific business for approval.

After having obtained the approval in accordance with the above paragraph, the institution shall register itself as a juridical person with three months commencing from approval of the application. While the registration procedure is finished, the juridical person may accept subsidies or collect funds from the outside with the approval of the competent authorities, and the funds shall be used for exclusive purposes. It is not necessary for the institution to handle registration if any of the following facts exists:

1. The institution is affiliated to a juridical person or a public-welfare corporation that is established pursuant to other laws;
2. The size of the institution is small and it will not collect funds from the outside, receive subsidies, or enjoy the privileges of tax reduction or exemption.

Where the institution has not registered itself as a juridical person in accordance with the preceding paragraph or is not in conformity with the preconditions of exemption from registration, but collects funds from the outside, the competent authority shall order it to complete the registration procedure or stop collecting funds within a specified time limit.

Article 60 The size of a welfare institution for the disabled shall be in conformity with the principle of miniaturization and shall belong to the community. The establishment standards shall be prescribed by the municipal or county (city) competent authority.

Article 61 The competent authorities shall periodically guide and appraise the welfare institutions for the disabled, and reward the institutions that are outstanding in their performance.

The competent authorities shall order the institutions that are not properly managed or violate the establishment standards to improve within a specified time limit.

The central competent authority shall establish an appraisal committee to perform the appraisal referred to in the first paragraph. Regulations on establishment shall be prescribed by the central competent authority.

Article 62 Government departments at each level, pubic and private schools, public enterprises and other institutions or group which receive the subsidization from governments have the priority to purchase the products or services manufactured or provided by disabled person’s welfare institutions or groups if the price is kept under the reasonable level or a definite sum.

Responsible agencies at each level should inform obligatory purchase organizations by regular announcement or dispatching letters of the products and services mentioned in the previous paragraph and to help the disabled person’s welfare institutions or groups to contract such products and services to a certain proportion.

The items, proportions, definite sum, reasonable prices, assistance and other related regulations should be determined by the central responsible agencies.

Article 63 The competent authorities shall reserve quotas for the approve in favor of the welfare institutions or associations for the disabled that apply for establishment of shelter plants or welfare factories or stores in public places, or for establishment of community home or family groups in public housing.

The welfare institutions or associations that obtain the approval in accordance with the preceding paragraph shall manage by themselves or use or live in the places for a certain period. Where the places are necessary to rent out or assign the places, they must be rented or assigned to the welfare institutions or associations for the disabled.

Chapter 7 Penal Provisions

Article 64 The official who violates the regulations of Article 4 while performing his duties shall be reprimanded.

Anyone who violates the regulations of Article 4 or Paragraph 1 or 2 of Article 33 will be fined a sum not less than NT$100,000 and not more than NT$500,000.

Article 64-1 Civil servants should be punished if they violate Article 31.1 or Article 62 without any solid reason during the prosecution of their duties.

Private schools, institutions and groups should be given a fine of NTD20,000~100,000 if they violate Article 31.1 or Article 62 without any solid reason.

Article 65 Anyone who violates the regulations of Paragraph 1 of Article 37 will be fined a sum not less than NT$10,000 and not more than NT$30,000, and shall improve within a specified time limit.

Where the violation referred to in the above paragraph occurs in a business place, the owner or the principal of the place will be fined a sum double the standard prescribed in the above paragraph.

The fines referred to in the above two paragraphs shall not be included into the yearly budget but in the exclusive account of the employment fund for the disabled with sight malfunction, and shall be used for exclusive purposes of promotion of the vocational training, employment services and arrangement, loans for creating new business, subsidization for demonstration massage centers (institutions) for the disabled with sight malfunction. Regulations on management and use of the fund shall be prescribed by the central competent authority in charge of labor together with the competent authorities in charge of specific business.

Article 65-1 Those, who violate Article 51-1.2, should be required to make improvement in an appointed period and given a continuous fine of NTD10,000~30,000 according to the violating times if they fail to make the improvement.

Article 66 Where a welfare institution is opened without approval of the establishment in accordance with Paragraph 1 of Article 59, the principal will be fined a sum not less than NT$60,000 and not more than NT$300,000.

Where the institution referred to in the above paragraph doesn’t abide by the order of the competent authority to apply for approval of establishment within a specified time limit, or register itself as a juridical person or stop collecting funds from the outside according to Paragraph 3 of Article 59, the principal will be fined a sum not less than NT$100,000 and not more than NT$500,000, and may be continuously fined in case of consecutive violation. The competent authority may publicize the name of the institution, and may order it to stop the business.

Article 67 Where a welfare institution for the disabled does not improve within the time limit specified by the competent authority pursuant to Paragraph 2 of Article 61, the competent authority may order it to stop the business for not less than one month and not more than one year, and publicize its name. In case the institution still does not improve accordingly after the time limit has expired or seriously violates the laws or regulations, the competent authority shall withdraw the approval or, if the institution is a juridical person, dissolve it.

Article 68 Any welfare institution for the disabled that does not abide by the order given by the competent authority according to Article 66 or 67 to stop the business will be fined a sum not less than NT$200,000 and not more than NT$1,000,000, and may be fined continuously.

Article 69 Where a welfare institution for the disabled stops its business or dissolves, the competent authority shall appropriately accommodate the disabled served by the institution, and other welfare institutions for the disabled shall provide assistance; otherwise, coercive execution may be performed and a sum not less than NT$60,000 and not more than NT$600,000 will be fined.

Article 70 Where Paragraph 1of Article 47 is violated, the competent authorities shall not issue the business registration certificates for the retail stores or booths, nor the usage licenses for the public housing or the parking lots. In case Paragraph 2 of Article 47 is violated, the competent authorities may coercively recover the sell or rent the object preferentially to other disabled persons.

Article 71 Where the regulations of improvement referred to in Paragraph 3 of Article 56 are violated or no alternative improvement plan is submitted, or the improvement is not completed within the time limit specified in the approved improvement plan, the competent authorities may stop using the public buildings, activity places, and public transports, fine the owner or the principal of the management department a sum not less than NT$60,000 and no more than NT$300,000, and order to improve within a specified time limit. In case improvement is not completed within the time limit, the competent authorities may fine continuously till the improvement is completed and can stop supplying water or electricity, or close completely and dismantle coercively where necessary.

The competent authorities shall establish a fund and use the fines as the incomes of the fund to improve and promote access-free equipment and facilities. Regulations on management and use of the fund shall be prescribed by the central competent authorities in charge of specific business.

Article 72 The fines fined under this Act and the amount payable pursuant to Paragraph 3 of Article 31 shall be paid within a notified time limit; otherwise, the case will be transferred to the court for coercive execution.

Chapter 8 Supplementary Provisions

Article 73 The governments of individual levels shall report the implementation of this Act to the representative organ of public opinions yearly.

Article 74 Enforcement Rules for this Act will be prescribed by the central competent authority together with the central competent authorities in charge of specific business.

Article 75 This Act will take effect as of the date of promulgation.