Tuesday, October 26, 2010

The legal environment of the endowment cooperation and the NPO in Taiwan

1. Definition

According to the Civil Code, the juridical persons are divided into two categories, one is for profit and the other is not for profit. Non-Profit juridical persons could be divided into the Endowment Cooperation / Foundation and the Non-profit Organization.

In the following report, I would like to analyse the difference in law or regulations and report on the advantage and disadvantage between the Endowment Cooperation / Foundation and the Non-profit Organization.

s. I will refer Endowment Cooperation as the Endowment Cooperation / Foundation and refer NPO as Non-profit Organization.

2. Background

If you would like to establish a NPO in Taiwan, you must follow the Civil Associations Act, however if you intend to establish a endowment cooperation, you must check your business category, running at a national, municipal or city level and follow the related regulations stipulated by different government departments which always require the endowment asset (including property and funding) up to $10 to 30 million at national level and $60 to 200 thousand at municipal or city level.

For a NPO, at least with 30 initiators who are over 20 years old and following some simple procedures, it is easy to establish one.

Both must register in local court wherever their business runs to get the juridical position.


3. Comparison table

The comparison of the Endowment Cooperation and the NPO by law in Taiwan


4. The strength and flaws of the Endowment Cooperation

In general, endowment cooperation is more stable than NPO with reasons as bellow,

  1. The endowment cooperation owns endowment asset but only the interest of it could be used for the social welfare purpose. If the board member could manage the assets properly, their financial condition is better.
  2. The power is controlled by the board members not like NPO whose policy is made by the public will. Besides, the chairman of the foundation could be reelected as long as the board members think he or she is qualified to manage the asset properly.
  3. Accountability is very important for endowment cooperation cause they must manage a big number of asset and donation.

But, there are some flaws or constrains to it,

  1. You must invest a lot of asset and not many NPOs can transform into endowment cooperation easily.
  2. You must invite famous or powerful patrons to increase the exposure for raising donation form the public.
  3. It could be very dominated by family members or small group of people whose management could result in bad reputation or exclusive to the outsiders.
  4. Sometimes, the power is controlled by whose endowment asset is more than others.

5. The threats and challenges to NPOs in Taiwan

The chairman can only be reelected once after expired office term for 3 years and the important policy must be decided by the members voting. It could lead to the instability of the association however you could also take it as a more democratic and open running model.

It is a common phenomenon that most NPOs' funding is from government grants which are restricted funding, not much for staff salary expense. With the restricted funding, NPOs are forced to do something which is not necessary meeting their vision or mission to survive. Some people criticizes that NPOs become the government's broadcasting system, follow their will and loose position to monitor them.

But, there is another voice addresses that the government is not capable of everything, if NPOs are eligible to provide professional services and represent as the grass-root power of the community, it could be a mechanism of collaboration and partnership between the government and NPOs.

Accountability is very important for NPOs too. Even NPOs apply for grants from government who always require accountability of the grant under the pressure of legislators. However, the budget relocation and low salary for staffs are also threats for NPOs in Taiwan.

6. Conclusion

In Taiwan, if you want to establish a sustainable organization, to establish a NPO could be the short term goal and a cooperation as the long term vision.

However, to make your organization sustainable not only depends on endowment asset insurance but also a democratic body to engage the public, accountability, project management, communication and outreach, raising funds and public awareness, etc. To pursuit for professionalism is a lesson that the endowment cooperation and the NPOs in Taiwan should continue to learn.

7. References

  1. 全國法規資料庫(Mandarin)、Laws & Regulations Database of the Republic of China(English)
  2. Civil Associations Act (「人民團體法」英文版)
  3. NPO法規介紹–財團法人許可登記及監督(連結全失效,大部分要點或準則已廢除)
  4. 行政院環境保護署審查環境保護財團法人設立許可及監督要點(97.08.26.)
  5. 「教育部主管教育事務財團法人設立許可及監督準則」
  6. 新竹市教育事務財團法人設立許可及監督準則
  7. 新竹市文化藝術財團法人設立許可及監督準則
  8. 臺北市財團法人暫行管理規則
  9. 臺北市政府社會局主管業務之財團法人設立許可及監督輔導管理補充規定
  10. 全國性人民團體數
  11. Culogy:非營利組織行政管理讀書會講義-什麼是NPO/NGO組織?,葛皇濱

Jane Goodall Institute Taiwan Analysis

1. Background

JGI had established the Taiwan branch in 1996 which is the 19th branch in Asia. The most significant achievement has made is that JGI Taiwan have invited JG to Taiwan over 10 times and facilitate more than 500 "Roots & Shoots" school groups in Taiwan.

According to the mandarin title of JGI Taiwan, 國際珍古德教育及保育協會中華民國總會 is a NGO rather than a foundation which is stipulated by a more accountable law in Taiwan.


2. Fundraising and Sponsorship Models

Jane Goodall is very famous in Taiwan, so it is smart to invite her once a year for 3-4 days to raise funds and public awareness.

During JG's stay in Taiwan, she will join the fundraising party, Zoos visit, the Wild Make-Up Parade, "Roots & Shoots" groups meetings, deliver speeches in schools and universities, and visit to the indigenous tribe which has built up relationship with her for a long time.

Some income of JGI Taiwan is from membership and there are 3 kinds of them, individual member (20 pounds/year), student member (10 pounds/year) and group member (100 pounds/year). Like most charities, they also sell merchandise including JG's books, calendar, VCD/DVD, children's book, T-shirts, and etc.

There are many company donors, according to the website, however I don't actually know to what companies have gave. This kind of CSR could be very bluffing in Taiwan. Sometimes companies just support their service or product once to us and we could put their logo or links in the CSR page for a long time.

JGI Taiwan mentions in website that most of their funding raised will be used to support "Roots & Shoots" program, which is a humanitarian and conservation education program, rather than JGI's field work in Africa or academic research in Chimpanzees.

E-funding system is not popular in Taiwan, only transferring money or faxing the credit card info allowed to make a donation as mentioned in JGI Taiwan's website.


3. Communication and Outreach

Facebook and Blog which are not well organized and active.

There are 3 kinds of newsletter in the website, including news about environment and eco-life which most is quotation of JG's books or speeches or citation of environment news in Taiwan's newspaper, news about "Green Thumb" Program and "Roots & Shoots" Program.

4. Conclusion

According to the mandarin title of JGI Taiwan, it is the branch of JGI as a legal NGO. In Taiwan, registered NGOs and foundations are allowed to receive donation and sell merchandise to the public.

For JGI Taiwan, their public awareness is not limited to Chimpanzee issues but also the wild and environmental conservation practice in schools and communities. It's a broader and more acceptable advocacy in Taiwan since that Chimpanzee is not a native spice and Taiwan people will doubt that why makes donation to support the program in Africa.

As you can see that the JGI Taiwan's target audience is the "young people" mainly in primary schools and they facilitate young people with the "Roots & Shoots" Program.

With a cross analysis with JGI 2008 Annual Report, JGI 2007 Annual Report, and JGI 2006 Annual Report, I think JGI Taiwan doesn't contribute a lot to the headquater and most of Taiwan raising funding supports the "Roots & Shoots" programs and office administration fee.

5. Further studies

  1. The legal environment of NGOs and Foundations in Taiwan.
  2. The fundraising models of NGOs and Foundations in Taiwan
  3. Taiwan INGOs and their management and fundraising models.

6. References

  1. JGI
    1. 國際珍古德教育與保育基金會(Mandarin)
    2. Home the Jane Goodall Institute(English)
      1. JGI 2008 Annual Report: the income is $1.4 million and the investment is 0.8 million, most income is from contribution and grants and most expense is animal welfare and conservation, education and fundraising.
  2. Taiwan Foundations
    1. 伊甸社會服務基金會
  3. INGOs in Taiwan
    1. Taiwan Root Medical Peace Corps(台灣路竹會)
      1. CONGO INGOs(The Conference of Non-Governmental Organizations in Consultative Relationship with the United Nations)
      2. USA Branch
    2. IDEA TAIWAN
    3. Greenpeace Taiwan WebsiteGreenpeace Taiwan Facebook
  4. Laws
    1. Culogy:非營利組織行政管理讀書會講義-什麼是NPO/NGO組織?,葛皇濱

Monday, October 25, 2010

NCHC Internship Report Week 3 & 4: October 4th – October 13th 2010

INTERNSHIP WEEKLY TIME AND ACTIVITY REPORT
National Center for High-Performance Computing (NCHC) 
Hsinchu City, Taiwan


Basic Information:
  • Name: Mulyadi Pasaribu
  • Intern Organization: National Center for High-Performance Computing (NCHC)
  • Advisors: Wei-Ping Jia: CEO of BCUA, Chia-Chen Kuo: Associate Research Scientist of NCHC, Steven Shiau: Associate Research Scientist of NCHC, Panut Hadisiswoyo: Founding Director of OIC
  • Supervisors: Ceasar Sun, Jazz Wang and Thomas Tsai from the Free Software Lab, NCHC
  • Service Period: October 4th – October 13th 2010
Weekly Report:

Time/Date
Daily Log
10/04/10
10/05/10
10/06/10
10/07/10
10/08/10
10/11/10
10/12/10
10/13/10
Time In
09.00 AM
Attending ADOC 2.0 Conference in Taipei
09.05 AM
08.55 AM
09.10 AM
09.05 AM
08.50 AM
Time Out
05.30 PM
05.20 PM
05.10 PM
05.30 PM
05.30 PM
02.30 PM

Scheduled Activities:
  1. 10/04: Clonezilla – Backup, Restore, Multicast
  2. 10/05: Attending ADOC 2.0 Conference in Taipei
  3. 10/06: Attending ADOC 2.0 Conference in Taipei
  4. 10/07: Self Learning: Clonezilla
  5. 10/08: Translating DRBL Software from English to Bahasa
  6. 10/11: Q & A
  7. 10/12: Q & A
  8. 10/13: Tux2Live


    Assignment: Translating DRBL Software from English to Bahasa

    Self Note:
    1. 10/04: This is the third week for me doing internship in NCHC and today I learn another open source software that developed by the Free Software Lab at NCHC. The software name is Clonezilla and this software used for backup and restore system. This in another free software that can be used and implemented in the CDOC as this software will help to clone a system from one PC to other PC.

      Mr. Thomas also teach me on how to use the Virtualbox OSE as an environment to trying the functionality of the Clonezilla software. Virtualbox is a new software for me and this will help a lot because with this software I didn't afraid to do try and error or experiment in laptop or PC as this is only a virtual machine that didn't affect the the real system in our machine.

      On this day I also got an assignment to translate the DRBL software from US English to ID Bahasa. The translation is different with previous Partclone software that only had few lines of sentences. DRBL translation is more than 800 lines and this need much time to be finished as sometimes the software language is much different with daily language.

    2. 10/05: This day I didn't come to NCHC as I attend the ADOC 2.0 Conference in Taipei. ADOC = APEC (Asia-Pacific Economic Cooperation) Digital Opportunity Center.

    3. 10/06: This day I didn't come to NCHC as I attend the ADOC 2.0 Conference in Taipei. When the conference break for lunch, we got a good news because ADOC (supported by Asus Foundation) will help the mobile CDOC by providing 16 new laptops.

    4. 10/07: This day I didn't learn anything new. I only doing self learning about Clonezilla software and started to translating the DRBL software from English to Bahasa.

    5. 10/08: This is the last day of my 3rd week doing internship on NCHC (October 8th). On this day actually I scheduled to learn about Winroll and Tux2Live with Mr. Ceasar but because miss communication about the schedule so we can not learn the lesson and I spent the day to continue translation of DRBL Software from English to Bahasa.

    6. 10/11: This is the first day of my last week doing internship on NCHC. On this day we scheduled to have a Question and Answer discussion about all of the lessons I learn during my internship time. Actually I can learn the lesson well and I didn't had much question to ask. But today I know one of interesting information about NCHC when we having discussion with Ms. Kuo, Apple, Panut, A'al, Okta, Kieran, Nick and one of NCHC staff in the 2nd floor meeting room of NCHC. I just realize that NCHC is not only about open source software development but also have many other divisions that doing research and development such as multimedia design for education purpose. On this day, I also make a short presentation about what I've learn during my internship on NCHC.

      Interesting Multimedia Tools in NCHC

    7. 10/12: This day I didn't learn new lesson as the scheduled activity for today is Question and Answer. I only spent this day to continue translation of DRBL Software from English to Bahasa.

    8. 10/13: This is the last day for me doing internship on NCHC and this day I learn about Tux2Live with Mr. Ceasar. Actually Mr. Ceasar also scheduled to teach me about how to compile an open source software, but because I know my self and my current skill level in programming, I prefer not to learn about how to compile open source because I think I can't reach the limit to learn about it now, so maybe in the future.

    Monday, October 11, 2010

    Review of SOS Fundrasing tutorials.

    "SOS Fundraising Guide" and "A-Z of fundraising ideas" are short and practical documents which have given me an insight about how SOS encourages their supporters to raise funds.

    From my personal perspective, they teach people how to raise funds and sponsorship for the charity. Fundraising for charity has been part of life and culture of the UK people for a long time and the UK government supports the legal environment for charities, whatever their size or purpose, to raise funds from the public.

    Some differences between Taiwan and UK could be observed from these two articles, including E-fundraising system, like JustGiving, a quicker and easier way to raise sponsorship for charities than off-line donation, "Gift Aid", a policy that enables tax-effective giving by individuals to charities, and "Match Giving Scheme" which encourages employers or companies to double their employees' funds raised.

    I will spend some time to research about the law environment of charities in UK like Charity Law, The Charity Commission and HM Revenue & Customs (HMRC) to make my further research about model comparisons of CSR and fundrasing more practical.

    It could be very useful for I-DO volunteer group from NCTU to adopt fundrasing ideas and practice raising awareness of orangutan and rainforest in Taiwan from these two small articles.

    Review of SOS newsletter JungleVine.

    After I finished reading the SOS newsletter JungleVine, issues 20-24 , I think that SOS is reaching the goals to communicate, raise public awareness and present accountability with SOS members and donors. As you can see the structure of the newsletter is divided into three parts, branch news about fundrasing and public awareness activities across UK, USA, Bali, Australia, New Zealand and Sweden, campaign and conservation news to catch up with the most critical conservation issues related to SOS'work, and project news from Sumatra for donors to know how their money was used to support conservation projects.

    It is very important to engage members or potential supporters with the charity's work with continuous news and achievements. For SOS,I think they have done a great job to use Web 2.0 media power like website portal, newsletters, blog, Facebook and Twitter to communicate with their members, donors and fans. This is what BCUA could learn and from which could be a model for us to reconstruct a Mandarin/ English bilingual portal website to manage our projects and satisfy our customers and audience.

    There are many interesting awareness activities which could be adopted in Taiwan like pedal power cinema (as mentioned in JungleVine 25), walk or run for orangutan (as mentioned in SOS Australia news of JungleVine 24), viewing orangutans in zoos (as mentioned in SOS Sweden news JungleVine 25) and brainstorming with kids to fundraise for orangutans or rainforest, competition for fundraising, and interaction amongst like-minded fans on facebook like "Harapan Parade" and "T-Shirt Design Competition" (the coming JungleVine 26 in October this year).

    What most impressed me is that the charity Patron is very popular and an ordinary scenario in UK. In Taiwan, it is difficult for small NGOs or charities to find patrons. A comedian Bill Bailey had held several big fundrasing events with other celebrities in London (as mentioned in JungleVine 23-25) for SOS, which is not bigger or more famous than the other four charities whose cause is orangutan conservation too.

    Many people in Taiwan probably will know the famous UK band called Bee Gees whose member Robin Gibb and his wife are patrons against breast cancer. This is another example to show you that famous faces will do a lot for charity.

    Try to visualize the content structure of JungleVine with XMind.

    Thanks to Helen Buckland who is SOS UK Director and had made a valuable revision for this article. :)

    Taiwan Higher Education Fair 2010

    On Saturday 09 October 2010 The Taiwan Higher Education Fair 2010 was held. Located at the Academic Activity Center, Dayan Dawood Syiah Kuala University in Aceh, Indonesia. About 88 Taiwanese representatives from 38 top universities in Taiwan include The Ministry of education of Taiwan and also from the Elite Study in Taiwan (ESIT) came to Aceh to promote universities in Taiwan to the Aceh people.

    The event was opened by the Secretary of the Government of Aceh. The exhibition visited by people of Aceh consisting of students, university students, lecturers and the civil society. The exhibition was held just one day and visited by thousands of people of Aceh. The visitors were enthusiastic to visit the exhibition. Until two o'clock almost the entire brochures in the university stands run out, the visitors brought it as much as they could. Most of the visitors asked about the programs offered at each university and also about scholarships provided by universities or local government. There was a father who came to one of the university stand and said "I am asking this information is not for me but for my child who could not come here."

    Most of the visitors that came from university in Aceh such as lecturers or students, they already had a target which one of the university in Taiwan will be the place to continue their studies, they choose based on the field that they are focus on or based on the scholarship that offered by the university or based on the number of Indonesian students that studying in the university. However, all of the universities attract the visitors, seems like the visitors want to study in every university in Taiwan.

    This exhibition is the first exhibition held in Aceh and even Indonesia. After promote their universities in Aceh the group of Taiwan will go to Jakarta to hold a similar exhibition at two different universities on Java Island. "We only have opportunity to stay for 8 days in Indonesia, after that we will come back to Taiwan. But we are very pleased to visit and stay for several days in Aceh, we hope we have a chance to visit Aceh again, and see beautiful places in Aceh "said Annabel, that come from Kaohsiung Medical University.

    We hope that this exhibition is held annually every year and increase every year, such as the number of universities that promote in Aceh will increase and also we hope universities from other countries also promote in Aceh so that the people of Aceh could choose any university to continue their studies. So it will be more and more people of Aceh could get better education, this is a long-term investment for the government of Aceh, and this is the real thing done by developed countries to save and create the next generation to lead their country.

    As a committee, author wants to say a big thank you to the Taiwan government for the good cooperation and hopefully this cooperation will continue in the future. Author also expects the group from Taiwan enjoyed their visit to Aceh and Indonesia, hopefully the Taiwanese not only know about Bali Island but also Aceh will be the destination for Taiwanese and foreign tourists in the future. These visits also prove to the international that Aceh Province is safe and comfortable to visit by anyone.