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

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Chapter 1 General Provisions
Article 1
This Statute is duly enacted in accordance with Article 13 of the Organizational Statute of the Conscription Affairs Administration, Ministry of the Interior (hereinafter referred to as the Administration).
Article 2
These Operational Rules shall apply to all business affairs of the Administration unless otherwise provided for in law.
Article 3
The Administration operates through Departments of Enlistment, Screening &
Training, Management, Rights & Interests, Drafting, Secretariate, Human
Resources, Accounting, Anti-corruption Office to take charge of business
affairs set forth in the Administration’s Organizational Statute and those
set forth in Chapter Two of these Operational Rules.
Chapter 2 Powers and Functions
Article 4
The Department of Enlistment shall take charge of the following powers and
functions:1. Draw up and map out the policies and plans for all sources of
armed forces.2. Draw up, amend and interpret all laws regarding enlistment
of sources of armed forces.3. Map out and oversee the local governments of all
levels regarding enlistment and deferred enlistment.4. Map out and oversee the
investigation, conscription exemption, conscription ban, enlistment
deferment and supplementary services.5. Map out and oversee the quota, lot-
drawing, enlistment, drafting for draftees-to-be into regular services.6.
Coordinate with affairs of examinations, examination and enlistment for
reserve officers.7. Take charge of conscription services of Overseas Chinese
(students) and Chinese from Hong Kong, Macao, Mainland China.8. Take charge of
exit, passport replacement for draftees-to-be and draftees.9. Map out and
supervise the enlistment seminars, family-visits and newcomer-training
center for draftees-to-be.10. Map out and supervise the conscription
inspection for draftees-to-be.11. Draw up, amend and interpret criteria for
draftees-to-be’s physical status, physical re-checkup related laws and
ordinances.12. Map out, supervise and review judgment of draftees-to-be’s
application for reclassification of physical status, rejection from substitute
services.13. Map out and supervise cases where draftees-to-be are rejected
from substitute services and suspended from substitute services due to
diseases.14. Map out and supervise matters regarding the operation of the
Draftee-to-be Physical Status Committee and ambiguity regarding draftees-to-
be’s application for reclassification of physical status, rejection from
substitute services.15. Manage and rate performance in appointment,
coordination and dispute regarding the inspecting hospitals, rechecking
hospitals.16. Take charge of other matters related to enlistment.
Article 5
The Department of Screening & Training shall take charge of the following
powers and functions:1. Draw up, amend and interpret all laws regarding
screening and training of draftees-to-be.2. Take charge of comprehensive
affairs of the Substitute Services Review Committee.3. Manage cases where
draftees get discharged from substitute services ahead of schedule.4. Look
into and assess demands for substitute services by various organizations in
the current year and next four years.5. Look into planning and supervision
on incentives for substitute services, application, enlistment, forwarding,
selection, dispatch of substitute services.6. Draw up, map out and oversee a
variety of training programs for conscription and substitute services.7.
Promote foundational military training, expertise, on-the-job training
programs for substitute services draftees.8. Promote grooming, training of
teaching faculty for substitute services draftees;9. Map out and oversee the
substitute services draftees training funds, teaching kits, documents and
results;10. Other matters related to selection and training.
Article 6
The Department of Management shall take charge of the following powers and
functions:1. Draw up, amend and interpret substitute services management
related laws and ordinances;2. Carry out a variety of conscription activities,
substitute services business in interview, fact-finding visits, annual
competition and year-end assessment.3. Investigate and manage cases against
conscription services, grievance on substitute services, enlistment and
suspension cases from substitute services.4. Map out and oversee
conscription disciplines;5. Map out and oversee management over services by
substitute services draftees .6. Map out and oversee management over
services by substitute services draftees .7. Audit highlights of duty
management of various user organizations.8. Manage issues of leaves, awards,
punishment of substitute services draftees.9. Carry out education, awards,
punishment of substitute services draftees during their service period.10.
Oversee life management on substitute services draftees.11. Take charge of
other matters as related to management.
Article 7
The Department of Rights & Interests shall take charge of the following powers
and functions:1. Draw up, update and interpret laws and ordinances related
to rights and interests of draftees in regular services and substitute
services.2. Map out and oversee surveillance, restoration, consolation of
draftees in regular services and substitute services.3. Map out and oversee
concession, preferential support(consolation) of draftees in regular
services and substitute services.4. Map out and oversee medical care,
medical treatment services for substitute services draftees.5. Draw up, map
out and oversee general insurance, National Health Insurance, collective
insurance against accident risks for substitute services draftees.6. Map out
and oversee relief cases for substitute services.7. Map out and oversee
handicap consolation, nursing allowance for draftees in regular services and
substitute services.8. Coordinate and solve disputes on hospitals appointed
for assessment of handicap assessment.9. Map out and oversee safety relief
subsidy for substitute services.10. Map out and oversee interment, memory,
worship for deceased draftee in regular services and substitute services.11.
Map out and oversee local military cemeteries (martyr shrines).12. Draw up,
update and interpret the laws and ordinances related to substitute services
draftees’ pay, regional allowance, food and year-end incentive award.13. Take
charge of planning, procurement, supply, custody and maintenance of substitute
services draftee logistics for user organizations of substitute services
draftees.14. Render logistic services for substitute services draftees in
coordinating support.15. Take charge of other affairs related to rights and
interests.
Article 8
The Department of Drafting shall take charge of the following powers and
functions:1. Draw up, update and interpret household registration,
organization & management and conscription information related laws and
ordinances.2. Exercise routine training and drills for substitute services
draftees.3. Map out and oversee household registration management for
substitute services draftees.4. Manage and oversee ID cards of substitute
services draftees, accreditation on discharge upon expiry of substitute
services and issue the certificates.5. Manage issues of substitute services
draftees for restoration of services after suspension resulting from
criminal cases, diseases and the like.6. Map out and oversee retirement,
restoration, resumption, discharge from the call, guidance for employment
for draftees in regular services.7. Oversee and coordinate with affairs on
suspension, regular enlistment, rush call, mobilization and occasional call
for reservists.8. Manage post-service activities of reservists and
substitute services draftees.9. Operate and oversee municipal, county (
city) government in the organization of auxiliary duties for substitute
services draftees.10. Map out and oversee activities in management of
militias, conscription association (chapter) affairs.11. Map out and oversee
preparatory affairs for auxiliary duties for substitute services in
extraordinary events of the cases.12. Approve of matters in general
application for substitute services, duties and emergency application for
substitute services calls.13. Coordinate and oversee municipal, county (
city) government on organization and operation of substitute services.14.
Coordinate with issues regarding military manpower dispatch, utilization and
population policies.15. Take countermeasures in case of an emergency or
calamity.16. Map out, process, management and evaluate information oriented
operation of conscription affairs.17. Map out supervision and management of
conscription information networks, system planning and system renewal.18.
Map out, process, management and evaluate the Administration’s information
systems.19. Manage other activities related to call, information and
conscription file management.
Article 9
The Secretariate shall take charge of the following powers and functions:1.
Pool together matters related to the Administration’s policies and plans.2.
Select and evaluate the control by the Executive Yuan (the Cabinet),
ministries, the departments, the annual government operation plans, the
enforcement and annual evaluation.3. Map out and draw up conscription
systems and conscription policies of other countries the world over.4.
Divide powers and duties of conscription affairs and map out coordination
and cooperation. 5. Promote services to public of the Administration in the
year.6. Map out, enforce and oversee Conscription Day affairs.7. Manage
Administration affairs council, annual business review and council affair
management.8. Draw up and pool together the Administration’s business
operation reports, briefing and annual report.9. Control over and evaluate
document tracing, document processing, performance statistics and document
quality auditing.10. Control over and evaluate cases instructed or assigned by
superiors and other major control affairs.11. Map out and promote
supervision and R&D by the Administration.12. Handle electronic single-
window related activities of the Premier, Minister’s e-mail addresses and
public applications.13. Take charge of the public relations, print of
publicity and news release.14. Publicize conscription business and such
activities.15. Produce conscription-related communications.16. Affix and
take custody of the Administration’s official seals.17. Map out, interpret
documentation and take charge of receipt, dispatch, registration,
allocation, typing and proofreading of documents.18. Process and oversee
electronic documents, exchange management and e-mail.19. Map out and oversee
file management, take inventory of, classify, bind, take collection of and
clear up filed documents.20. Take charge of cashier affairs, property,
articles, vehicles, office premises, dorms, janitor affairs as related to
business management.21. Take charge of procurement, distribution,
supervision and management of vehicles, equipment and facilities. 22. Take
safety maintenance of office facilities.23. Draw up and map out annual
lawmaking process of the Administration.24. Review, reorganize, edit and print
matters regarding enactment (update), amendment, nullification of conscription
related laws and ordinances.25. Manage matters on interpretation of
conscription related affairs and state tort affairs.26. Entertain, assign
and manage conscription related petition.27. Manage other matters as
assigned.
Article 10
The Human Resources Department shall take charge of the following powers and
functions: 1. Take charge of organization lineups, human resources
deployment and dispatch.2. Manage issues regarding promotion, transfer,
evaluation, assignment, reassignment, accreditation update, application,
appointment and discharge of staff.3. Take charge of establishment,
organizing, dissolution, update and management of various duties.4. Map out,
adjustment matters in human resources related organizations, personnel
lineup chart and manage issues regarding personnel affairs.5. Map out,
enforce, oversee and evaluate the Administration’s activities in
shouldering responsibilities by respective levels.6. Map out, enforce, oversee
and evaluate the Administration’s activities in streamlining duties and
functions.7. Carry out human resources grooming and performance rating.8.
Carry out training, higher education, routine rating, awards and punishment as
well as performance rating.9. Take charge of staff’s leave of absence,
performance of duties, overseas trips for family reunions and for pleasure.10.
Render services to staff regarding their pay, fringe benefits, mutual aids,
allowances and subsidies.11. Take charge of opinions voiced by staff.12.
Take charge of staff’s needs in retirement, layoff, insurance, relief and
consolation.13. Map out recreation and group activities for staff.14.
Conduct management, registration, report, statistical analysis of personnel
files and work out statements.15. Offer proposals regarding personnel
related laws and ordinances and personnel renovation.16. Take charge of
other activities related to personnel management.
Article 11
The Accounting Office shall take charge of the following powers and
functions:1. To map out, assemble and report of annual revenues, annual
expenditure budget (closing).2. Map out, pool together and report annual
revenues, annual expenditure allocation.3. Control and review of budget
enforcement and audit finance.4. Pool together and declare budget and
extraordinary disbursement.5. Review, work out, take custody and submit for
review accounting vouchers.6. Take charge of requirement and settlement of
accounting books.7. Work out and issue public announcement on accounting
reports, revenue and expenditure enforcement in monthly statements, work
progress reports.8. Review of increase or decrease in property and register
accounts in package.9. Pool together and declare outlay of funds, payable
annual disbursement, retained funds and such cases.10. Audit cash,
instruments, securities and other financial input and output as well as
property management.11. Assemble and audit of semiannual input and output
settlement and final accounting.12. Team up with counterparts concerned to
take charge of tender opening, price competition, price negotiation, award and
acceptation inspection for procurement cases beyond the specified thresholds.
13. Jointly check and register credits, debts and various contracts.14.
Enact and enforce statistics on government statistics.15. Enact and enforce
project investigations.16. Assemble, manage, work out statistics and
analyses of statistical data.17. Take charge of personnel management on the
Administration’s accountants.18. Take charge of other annual audit,
accounting and statistics.
Article 12
The Anti-corruption Department shall take charge of the following powers and functions:1. Take charge of comprehensive planning and research on anti-corruption issues.2. Draw up and publicize anti-corruption related laws and ordinances.3. Prevent, find out and deal with potential fraudulent practice by staff.4. Offer proposals on renovation in the anti-corruption aspect.5. Offer proposals on performance rating, award and punishment.6. Safeguard secrets in the government business.7. Prevent fraudulent activities detrimental or damaging the Administration.8. Help settle petitions, appeals.9. Take charge of government employees in declaration of their property.10. Take charge of personnel management of the anti-corruption organization and personnel activities.11. Take charge of other issues related to anti-corruption.
Article 13
The departments, offices (hereinafter referred to as the Units) set forth in
this Chapter shall operate business in various sections as the actual business
attributes may justify.
Chapter 3 Powers & Responsibilities
Article 14
The director-general shall take overall charge of the Administration’s
business operation and direct all staff members with the following powers
and responsibilities:1. Draw up the Administration’s policies and approve
of operation plans.2. Review, change, add the Administration’s budget and
disburse standby funds.3. Draw up, amend, nullify, interpret and approve of
the Administration’s laws and ordinances.4. Enforce major superior orders and
offer proposals, replies or reports to superiors.5. Direct all Units in
their business operation and performance rating.6. Duly appoint, discharge,
transfer, render awards, punishment upon non-executive staff not above the
recommend rank, except personnel on human resources, auditing and anti-
corruption.7. Take charge of emergency countermeasures in major
contingencies.8. Preside over or participate in major meetings.9. Take
charge the Ministers, Deputy-Ministers’ assignments.10. Take charge of
other affairs for decisions on conscription policies or major issues.
Article 15
The Deputy-Directors-General shall assist the Director-General with the following powers and responsibilities:1. Study major policies related to the conscription affairs.2. Supervision and instructions on the business concerned.3. Review or resolve on behalf of the Director-General major reports, documents.4. Preside over and participate in various major meetings.5. Assist the Director-General in the Administration activities.6. Take charge the Director-General’s assignments.
Article 16
The Chief-Secretary shall, as instructed by the Director-General, Deputy-Directors-General, guide the Units in their business operation and take charge of the Administration activities, with the following powers and responsibilities:1. Offer proposals on major policies as related to the conscription affairs.2. Promote business operation of various Units’ review and coordinate with the draw-up, amendment of the laws and ordinances.3. Conduct comprehensive review and supervision on documents worked out by the Units.4. Prepare for major meetings.5. Map out and oversee R&D and performance rating.6. Manage and oversee the major and confidential issues.7. Take charge of assignments from Director-General and Deputy-Directors-General.
Article 17
The section chiefs and directors shall take charge of the Administration affairs as ordered by the Director-General, Deputy-Directors-General and instructed by the Chief-Secretary with the following powers and responsibilities:1. Map out, oversee and improve business operation in charge.2. Preside over and participate in the business operation concerned under charge by their sections (offices).3. Direct, oversee and review duties performed by their subordinates.4. Propose performance rating, awards and punishment of their subordinates.5. Make decisions on behalf as designated in the checklist of the Administration’s division of responsibilities to respective levels.6. raw up major documents. 7. Perform duties as assigned by the Director-General and Deputy Directors-General.
Article 18
The specialist committee members, secretaries of select rank and superintendents of select rank shall have the following powers and responsibilities:1. Draw up and review operations plans and major policies.2. Devise and review major projects.3. Study and review of conscription related technological and specialist issues.4. Assist superiors in managing the Administration affairs.5. Offer proposals about improvement of business operation.6. Take charge of duties as assigned by superiors.
Article 19
Subsection chiefs shall have the following powers and responsibilities:1. Draw up and work out the projects and operation reports of the subsections.2. Draw up interpretation on ambiguity of laws and ordinances related to their subsections.3. Map out, enforce and improve business operation related to their subsections.4. Instruct, oversee and rate performance of personnel of their subsections. 5. Carry out major documents of their subsections.6. Take charge of duties assigned by superiors.
Article 20
The secretaries, superintendents, editors, professional engineers, specialists, subsection team members, technicians, staff members and clerks shall be held responsible within the scope of the business operation handled by them and duties under their charge.
Article 21
The Administration enforces the system of assuming responsibilities by respective levels with powers authorized level by level. The details of the system of assuming responsibilities by respective levels shall be separately established.
Chapter 4 Council and Meetings
Article 22
The Administration Council shall hold a meeting on a weekly basis and may call an extraordinary meeting as necessary. The Administration Council meeting shall be presided over by the Director-General. In such meeting, the Deputy-Directors-General, chief secretary and department heads shall be the ex officio participants. Other participants shall be appointed by the Director-General who may advise other people concerned to participate or attend as an observer.
Article 23
The Administration shall hold a Conscription Affairs Review Meeting on an annual basis and may call an extraordinary meeting as necessary.
Article 24
The Administration may, in line with business needs, call project seminars and coordinating meeting and may, as necessary, invite scholars, experts and invite organizations concerned to assign participants.
Article 25
For meetings called and held by various Units which are related to other units or organizations, the minutes of such meetings shall be served to such units or organizations after being reviewed by the Director-General.
Article 26
Personnel of the Units participating in meetings called and held by other organizations on behalf of the Administration shall consult for approval beforehand and report the details of the meeting afterwards. Where the conclusions reached in a meeting are found contrary to the instructed principles, such participants shall declare reservation on-the-spot and shall not reply to the issue until returning to and consulting with the Administration.
Chapter 5 Bylaws
Article 27
The Administration’s documentation, business management and financial management shall be duly handled in accordance with laws and ordinances and handbooks concerned.
Article 28
These Operational Rules come into enforcement on March 1, 2002.
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