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Title: Statute of Favors for Military Servicemen & Their Dependents CH
Amended Date: 2008-08-06
Category: Ministry of the Interior(內政部)
Chapter 1 General Articles
Article 1
This Statue has been incorporated pursuant to Article 50 of Enforcement Regulations of Conscription Law.
Article 2
Beneficiaries entitled to those favors provided in these Regulations include:
1. Active servicemen and their dependents.
2. A reservist:
(1) Who has completed Standing Commissioned Officer Service, Reserved Ranking Officer Service, Standing Non Commissioned Officer Service, Reserved Non Commissioned Officer Service, or Regular Service and has been duly discharged from the field service.
(2) Who is duly discharged from the field service due to injury in combat or in performing the official duty.
(3) Who is a Reserved Ranking Officer, or Reserved Non Commissioned Officer having successfully completed the training but not yet called for field service.
Article 3
Dependents referred in the Statute include:
1. Spouse of the serviceman.
2. Direct blood of the serviceman.
3. Any other is legally supported by and lives together with the serviceman.
Chapter 2 Administration Authorities
Article 4
Favors allowed for the military servicemen and their dependents shall be respectively provided by the following authorities:
1. Ministry of Interior (MOI) shall be the central regulating authorities; Ministry of National Defense (MOD), Ministry of Education (MOE) and Veterans Affairs Commission of Executive Yuan shall be the cosponsor regulating authorities; and any other agencies involved that negotiation and coordination are required at any time.
2. On the local level, the local government shall be the regulating authorities and the headquarters of the Division/Regiment control area at where the local government is located shall be the cosponsoring regulating authorities.
Article 5
The local government and the Public Office shall conduct annual survey and summation of the conditions of the families of servicemen pursuant to the procedure to be set forth by MOI.
Article 6
Disregarding the native place, temporary or the duration of the temporary registered domicile address, all servicemen and their dependants may apply for the favors with the public office at where they reside by presenting the entries of conscription on their citizen ’ s ID or any other documents specified.
Chapter 3 Favors for Active Servicemen & their Dependants
Article 7
Any serviceman called or drafted during the mobilization period has any public/private debts or any pledged real estate incurred before the call or draft and fails to settle or redeem such debts or real estate upon the expiry of the legal term or that as contracted during his active service, one (1) year of grace may be allowed upon the completion of his military service if the legal term of service is not longer than one (1) year; or two (2) years of grace, if the legal term of service is longer than one (1) year.
Failure to settle or redeem as referred in the preceding paragraph shall be investigated and arbitrated by the local conscription association and referred to the local government for approval; if according to the creditor, such arbitration is not properly made, the creditor may request for an re-examination by presenting evidences.
Article 8
Should the serviceman as referred in the preceding Article 7 be killed in the battle field or dead from injuries or handicapped as a result of performing his official duties, he or his inheritor may settle the debts or redeem the rear estate within three (3) years upon the serviceman is killed or disabled.
Article 9
If any serviceman called or drafted during the mobilization period or his dependent has leased or pledged a certain farm land or house before the call or the draft, and it is proved that such farm land or house is the means necessarily for life maintenance or habitation and the legal term or that as contracted for the leased farm land or house is expired at a time the serviceman is still in service, the leaser or the pledger shall not terminate the contract or redeem the pledge.
Article 10
No creditor is permitted to claim for a compulsory exercise of any and all properties relied upon for life maintenance by the dependents of any active serviceman called or drafted during the mobilization period.
Article 11
If any serviceman before being called or drafted is a owner-farmer or has leased or held pledged land before he has been called or drafted to service, and his dependents are proved incapable of farming while the serviceman is in service, the serviceman may apply for support farming the public office according to the procedure to be set forth by MOI.
Article 12
The marriage of the active serviceman shall be protected by the law.
Article 13
Payroll of the active servicemen shall be duly exempted from paying the income tax.
Article 14
If the serviceman before being called or drafted was an employed worker and the original employer upon seeking a substitute to fill the vacancy left by the serviceman shall have first offer to a competent member who is qualified for that job from the family of the serviceman.
Article 15
If the serviceman before being called or drafted was an employee to a government agency, public school and any entity of the public sector, the government agency, public school or the entity shall not suspend any and all dependent support allowance, ration of kind or money in lieu otherwise payable if the serviceman has not been called or drafted: Provided, however, that, the dependent support allowances should be suspended if the same is collected by the serviceman in the army.
In addition to collecting the ration of kind, any acting proxy shall be entitled to the dependent support allowances, ration of kind or money in lieu.
Article 16
An official leave shall be granted to any active serviceman for the purpose of participating National High Examination, National Ordinary Examination or Special Qualification Examination as long as such participation in the examination does not in any way interfere with the national defense and military needs. Should the date for any of such examination happens to fall on the same day of being called or drafted to report to the army, the date of report may be postponed accordingly.
Article 17
To pay tributes to any active serviceman who is decorated for outstanding performance in the operation, the local government and any academic institute related at where the native or temporary household registration is maintained shall separately give public recite to the serviceman.
Article 18
Should any active serviceman who is listed on the missing person or becomes a prison of war due to engage in combat or performing official duties whether he has been proved remaining loyal to the country or is a status pending clarification, the treatment for the dependents of the serviceman shall be prescribed by MOD.
Article 19
Any active serviceman may be offered at favored rates whenever riding a train, sea vessel, airplane, bus and other transportation means operated by the public agency according to the procedure to be set forth by Ministry of Transportation and Communications (MOTC).
Article 20
Should the land leased or used for the construction of a residential house by an active serviceman and his dependents be related to public property, the serviceman may be entitled to a favored rate of lease during his term of service according to the procedure to be set forth by MOI.
The favored rate of lease described in the preceding paragraph shall be limited only to the house occupied by the dependants of the active serviceman.
Article 21
Any active serviceman may be entitled to a favored admission rate to public entertainment places including theater, cinema house, etc. pursuant to the procedure to be set forth by MOI jointly with MOD.
Article 22
If the family of any active serviceman is proved in poverty, his dependents may apply for smaller amount of loan with the government. An in-service financing funds shall be created and maintained by the government for the appropriation of the loan as referred in the preceding paragraph pursuant to the loan application procedure to be set forth by Executive Yuan.
Article 23
The dependents of an active serviceman may apply for a favored rate of the state-owned civil utilities necessarily for life maintenance of the residential house occupied by the dependents of the active serviceman by presenting the Dependent Ration Card according to the procedure to be set forth by Ministry of Economic Affairs (MOEA) jointly with MOD.
Article 24
Dependents of active servicemen seeking medical care at a military hospital, public hospital and public service medical institute may be entitled to cost free or reduction according to the procedure to be set forth by MOI jointly with MOD.
Article 25
Any independent under age of 6 (included) or over 60 (included) of an active serviceman failing the support by the serviceman may be admitted on top priority to a public daily care institute, nursery home or asylum free of charge.
Article 26
Any child who attends junior high school or above of an active serviceman may be entitled to tuition exemption or reduction; the tuition to be exempted or reduced in case of the child attends a private school may be applied for subsides from the government according to the procedure to be set forth by Ministry of Education.
Article 27
Upon purchasing or collecting rationed goods of consumer necessities, the dependents of the active servicemen may be entitled with the first option.
Article 28
If any active serviceman and his dependents fail to afford holding marriage and/or funeral ceremonies, the local Public Office or the conscription association shall provide reasonable supports.
Article 29
If any dependent of the active serviceman is killed by the enemy during the war, the local government shall give a proper burial to the deceased and grant a reasonable sum of pension.
Chapter 4 Favors for Reservists
Article 30
Upon considering the successful candidate of newcomer by any government agency, public school or state-owned business entity, the candidate who is a reservist and with equivalent qualification with other candidates shall be registered and employed on top priority.
Article 31
Government agency, public school or state-owned business entities shall employ qualified reservist at top priority to undertake the following job functions that are:
1. Applicable to military management organization and military training and education; or
2. Meeting the professional training background of the reservist.
Article 32
Upon being transferred to take public service by a reservist, the service years completed in the army by the reservist shall be incorporated for the purpose of solving the service years of the reservist in that public service.The solving of the service years as described in the preceding paragraph shall be made pursuant to the procedure to be set forth by Executive Yuan jointly with Examination Yuan.
Article 33
Should any reservist get rusty on his professional technique as a result of taking the military service shall be allowed an opportunity of supplementary training for his professional technique upon being restored to his school or work place or admitted to a school or work place.
Article 34
If any reservist fails to maintain an affordable life before being employed, the social administration agency or the conscription association depending on its financial strength shall grant reasonable supports to the reservist.
Article 35
Among the applicants for leasing, collecting, developing a parcel of public land, the applicant reservist when qualified the same with other applicants shall be entitled to the first option.
Article 36
In the event that any reservist seeks to transfer to take public service, the examination and employment for the reservist shall be separately provided by the law.
Article 37
In the event that the any reservist is transferred to take public service and the employer agency is undergoing a reduced organization system or reorganization the job for the reservist shall be kept on top priority.
Article 38
In holding main event of celebration by the central or local administration, there may be made available the Bench or Honor for the invitation of the following persons:
1.Those who had made outstanding contribution during their military services; and
2.Those who had served in the army for two decades or longer.
Chapter 5 Termination of Favors
Article 39
Favors provided in Chapter 3 in the Statute shall be terminated once the active serviceman is deprived of his service status or is under warrant of arrest.
Article 40
Once the reservist is deprived of his status as such or is found with any of the following events, he shall be terminated with those favors permitted in Chapter 4 of the Statute:
1. Having been convicted for an imprisonment and is serving his term; or
2. Is under warrant of arrest;The favors shall be permanently suspended for any reservist having committed and convicted for a crime of treason, invasion or corruption.
Article 41
Any of the dependents entitled with the favors is found with any of the following events shall be suspended from enjoying those favors:
1. To be deprived of nationality;
2. Having been convicted for an imprisonment and is serving his term;
3. Being under warrant of arrest;
4. Being divorced, married in case of a daughter, or married in case of a son by taking after the bride ’ s maiden name; or
5. Becoming an adopted child by other person.
Chapter 6 Special Articles
Article 42
Those favors available for military servicemen who has been duly discharged and exempted from military service shall be made pursuant to the procedure to be set forth by Veterans Affairs Commission.
Article 43
If the sequence for all favors permitted under the Statute should be defined, the sequence shall be made in the following order led by the active serviceman, dependents of the active serviceman, and the reservist. In case of same identity, the sequence shall be as follows:
1. Having engaged in combat mission while in service;
2. Having longer service record; and
3. Suffering comparatively lower financial statue of the family.
Article 44
In addition to processing pursuant to Statute of Pension for Military Servicemen Pension for the matter of the survivals in the family of the military serviceman holding the pension payment order, Articles 23 through 29 of Chapter 3 of the Statute may be referred to grant those favors during the effective term of collecting the pension.
Article 45
The Statute shall become operative on and after the day it is published.