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Title: The Enforcement Act of Act of Military Service System CH
Amended Date: 2014-06-04
Category: Ministry of National Defense(國防部)
Chapter 1 General Provisions
Article 1
This Act is enacted in accordance with Article 51 of Act of Military Service System.
Article 2
The Service Age Male who have passed the conscription examination and are appropriate to serve and volunteer to serve military service shall be registered in the investigation of military and canceled when they are discharged, exempted or prohibited.
The regulations regarding registration of military shall be enacted by the Ministry of National Defense.
Article 3
The male older than Conscription Age who have not gone through the conscription procedure shall go through the procedure and, after passing, be conscripted according to the order of their ages.
Article 3-1
The male who volunteer to go through the conscription procedure, have passed the conscription examination and taken the Military Training of Standing Soldier Service prescribed in Paragraph2 of Article 32, will be inducted to serve in the military camp according to the order of their ages and the sequence of numbers drawn.
Article 4
Before enforcement of the Act of Military Service System and this Act, the Reserved Military Man without certificates to prove his military identity shall be registered under the regulations enacted by the Ministry of National Defense and governed by the Act of Military Service System and this Act.
Article 5
The matters relating to the Military Service with different terms in any laws shall be subjected to the following:
Subparagraph 1-The Military Man in Hometown is equivalent to the Reserved Military Man referred to by the Act of Military Service System and this Act. Subparagraph 2- The Retired from Service is equivalent to the Veteran referred to by the Act of Military Service System and this Act.
Subparagraph 3-The Reserve Service and Reserved Force Service are equivalent to the Reserved Military Service referred to by the Act of Military Service System and this Act.
Subparagraph 4-Other matters with different terms shall be treated by the Ministry of National Defense similarly as prescribed in the preceding 3 Subparagraphs.
Any certificate certifying the matter with different terms prescribed in the preceding Paragraph has the same effect unless otherwise nullified by relevant laws.
Article 6
In accordance with Paragraph 1 of Article 9 or Paragraph 1 of Article 10 of the Act of Military Service System, the one takes a voluntary test for Reserved Ranking Officer Service and Reserved Non Commissioned Officer Service shall be divided into volunteer and compulsory during the Active Service.
Chapter 2 Services of Ranking Officer and Non Commissioned Officer
Article 7
Conscription of Service Age Male and mobilization of Reserved Military Men and Replacement Soldiers with technical abilities shall be done base on their abilities. The period of educating Reserved Ranking Officer and Reserved Non Commissioned Officer may be accelerated depending on the military education needs.
Those who have attended and passed the Educations stated in the preceding paragraph shall be issued with an appropriate certificate of a special technical Reserved Ranking Officers and Reserved Non Commissioned Officer or be appointed a rank according to the law.
Article 8
Those accepting Ranking Officer or Non Commissioned officer education but unable to complete due to sickness and inappropriate to take Ranking Officer Service, Non Commissioned officer Service, and Standing Service shall be transferred to Substitute Services, if qualified, or exempted from service according to the law base on their physical situations.
The Compulsory Reserved Ranking Officers and Non Commissioned Officers who changes physical status to Substitute Services during the period of Active Service shall be transferred to Substitute Services.
Article 9
Article 16 and Articles 18 to 20 of the Act of Military Service System shall apply mutatis mutandis to the Compulsory Reserved Ranking Officers and Non Commissioned Officers during the period of Active Service.
Chapter 3 Standing Service and Replacement Service
Article 10
Standing Soldiers retire in advance during the period of Active Service in accordance with Articles 18 of the Act of Military Service System shall be determined by the order of the Ministry of National Defense.
Article 11
Standing Soldiers extend service during the period of Active Service in accordance with Articles 19 of the Act of Military Service System may be disposed of in the following manners:
Subparagraph 1-Extension of service in accordance with Subparagraph 1 of Articles 19 of the Act of Military Service System shall be conducted according to the order of the Ministry of National Defense. The period of the extension shall not be longer than one year except for the volunteers. When necessary, the stipulated period may be extended for 1 more year, and then retired. Subparagraph 2-Extension of service in accordance with Subparagraph 2 to Subparagraph 4 of Articles 19 of the Act of Military Service System shall not be longer than one year and shall be conducted according to the order of the affiliated troop and submit a report to the Ministry of National Defense for file. The Soldiers shall retire upon the cause of extension disappeared. The period of extension under the preceding paragraph shall be deducted from the period of military service afterwards.
Article 12
After suspending or stopping Military Training, the Standing Soldiers who are not suitable for serving the Standing Active Service or taking Military Training due to their physical status shall be transferred to Substitute Services, if qualified, or exempted from service according to the law.
The regulations of restoration and exemption from restoration in accordance with Paragraph 2 of Articles 22 of the Act of Military Service System shall be enacted by the Ministry of National Defense.
Article 13
Standing Soldiers suspended during the period of Active Service in accordance with Paragraph 1 of Articles 20 of the Act of Military Service System shall not be included in the Active Service from the day of approving of suspension.
Article 14
Replacement Soldiers shall be trained by the Ministry of National Defense depending on the military needs. The procedures of induction, payment, diet, insurance, and gratuity shall apply mutatis mutandis the rules governing Standing Soldier Service.
Article 15
Replacement Soldiers attended and passed the Military Training shall be issued with an appropriate certificate by the Ministry of National Defense.
Article 16
Those who shall serve the Replacement Service in accordance with Articles 17 of the Act of Military Service System and the trained Replacement Soldiers in accordance with Paragraph 2 of Articles 20-1 of the same Act shall be enlisted and use by their ages, categories, regions, careers, and skills by the Ministry of National Defense.
Article 17
Those who shall serve Replacement Service shall be issued with an appropriate Certificate in either of the following circumstances:
Subparagraph 1-Having trained or obtained scholar ability equivalent to a Military skill before enlisting to a camp and been reviewed and approved by the Ministry of National Defense subordinating responsible unit
Subparagraph 2-The trained Replacement Soldiers in accordance with Paragraph 2 of Articles 20-1 of the Act of Military Service System.
Article 18
The regulations of Standing Service and Replacement Service shall be enacted by the Ministry of National Defense.
Chapter 4 Reserved Military Men
Article 19
Reserved Military Men shall be administered by the Ministry of National Defense. Other matters related to other agencies are handled by each relevant agency.
Article 20
Reserved Military Men verified to be transferred or exempted from service in accordance with Articles 29 of the Act of Military Service System shall be reviewed by the Ministry of National Defense subordinating responsible unit.
Article 21
The regulations of Reserved Military Men shall be enacted by the Ministry of National Defense.
Chapter 5 Induction
Article 22
The number of enlisted Standing Soldiers of Active Service or Military Training shall be decided by the Ministry of National Defense for its coordination with the Ministry of the Interior prior to submitting the finalized draft thereof to the Executive Yuan for its approval according to the annual personnel as needed. Standing Soldiers of Active Service prescribed in the preceding paragraph shall be assigned to the affiliated agencies and units or the legalized armed units after being approved by the Executive Yuan.
Article 23
Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese in accordance with Subparagraph 5 to Subparagraph 7 of Articles 36 of the Act of Military Service System shall be enacted by the Executive Yuan.
Chapter 6 Mobilization
Article 24
The criteria and the number of General Mobilization shall be subject to the following provisions after being reported by the annual program of the Ministry of National Defense to the Executive Yuan for its approval: Subparagraph 1-Reserved Military Men and Replacement Soldiers received an General Mobilization in accordance with the program shall be selected and assigned by the Ministry of National Defense subordinating responsible unit.
Subparagraph 2-The municipal and county (city) governments shall assist the Ministry of National Defense with commanding and supervising the township (city/district) offices to prepare for mobilization and implement. When a Reserved Military Man had been selected for an emergency mobilization during a war or in a very disorder situation shall be assigned with the underground storage sheds separately by the local civil defense to take refuge and could not evacuate without the approval.
The one moved his leaving place above shall be approved by the affiliated agencies of the Ministry of National Defense.
Unless otherwise prescribed herein, Temporary Mobilization, Educational Mobilization, Duty Mobilization and Roll-Call Mobilization shall apply mutatis mutandis Subparagraph 1 and Subparagraph 2 of Paragraph1.
Article 25
The date of commence and the organization of General Mobilization shall be ordered by the President under law.
Article 26
The criteria, number and date of Temporary Mobilization shall be ordered by the Ministry of National Defense according to military needs.
The service time of receiving Temporary Mobilization for enlisting into a military camp during war or severe disorder shall be equivalent to General Mobilization. Total period of service in camp shall not be longer than one year during the ordinary time.
Article 27
The criteria, number and date of Educational Mobilization and Duty Mobilization shall be implement by the Ministry of National Defense according to the annual program and be done no more than four times, no more than 20 days at one time and made within 8 years from the date of retirement. But the period, frequency and number of days may be increased by the Ministry of National Defense according to the military needs.
Article 28
The criteria, number and date of Roll-Call Mobilization shall be implement by the Ministry of National Defense according to the annual program and be done no more than once, no more than 1 day at one time and made within 8 years from the date of retirement. But the period, frequency and number of days may be increased by the Ministry of National Defense according to the military needs.
Article 29
The Reserved Military Men and Replacement Soldiers mobilized successively in accordance with Articles 40 of the Act of Military Service System shall be subject to one of the following provisions:
Subparagraph 1-Be 11th-grade senior-level career civil servants and its equivalent of central or local government agencies.
Subparagraph 2-Elected Representatives of center or local in session. Subparagraph 3-Judges and Prosecutors of all levels.
Subparagraph 4-Presidents, deans and chairmen of public or registered private elementary schools or higher education schools or full-time professors of defense technology relevant departments.
Subparagraph 5-The personnel of the conscription agency or police officers. Subparagraph 6-The Contract Employees of the affiliated agencies of the Ministry of National Defense.
Subparagraph 7-Be in disaster rescue with identification of responsible authority. Subparagraph 8-Personnel sent abroad on official business by government agencies.
Subparagraph 9-Be named for a important duty during the war.
In principle, the personnel mobilized above shall undertake the jobs originally.
Article 30
The Reserved Military Men and Replacement Soldiers mobilized in a later time as much as possible in accordance with Articles 40 of the Act of Military Service System shall be subject to one of the following provisions:
Subparagraph 1-Essential security guards.
Subparagraph 2-Students attending senior high or higher education schools.
Subparagraph 3-The personnel needed to promote the National Mobilization.
Subparagraph 4-Half numbers of siblings have been conscripted or mobilized into the military camp.
Article 31
The Reserved Military Men and Replacement Soldiers assembled for General Mobilization, Temporary Mobilization, Educational Mobilization or Duty Mobilization under law may be deferred by the Ministry of National Defense subordinating responsible unit out of disease or major events for which his management in person is indispensable and could not be enlisted on time but shall not exceed three days.
Article 32
The rules of rotation leave of the Reserved Military Men and Replacement Soldiers assembled for General Mobilization or Temporary Mobilization in accordance with Articles 42 of the Act of Military Service System shall be enacted by the Ministry of National Defense.
Article 33
The rules of Mobilization shall be enacted by the Ministry of National Defense.
Chapter 7 Exemption, Prohibition, Deferment of Induction and Mobilization
Article 34
The Service Age Male exempted in accordance with Articles 4 of the Act of Military Service System shall be approved by the conscription agency or unit at the local city or county government.
Article 35
That the male prohibited from service according to Articles 5, deferred from induction according to Subparagraph 2 of Paragraph 1 of Articles 35, and deferred from mobilization according to Subparagraph 6 of Paragraph 1 of Articles 41 of the Act of Military Service System shall be notified by the judicial institute/military court to local city or county government and handled complying with the following:
Subparagraph 1-The Service Age Male prohibited from service or deferred from induction shall be approved by the conscription agency or unit at the local city or county government.
Subparagraph 2-Reserved Military Men and Replacement Soldiers prohibited from service or deferred from mobilization shall be approved by the Ministry of National Defense subordinating responsible unit through the transfer by the conscription agency or unit at the local city or county government.
Article 36
The Service Age Male deferred in accordance with Subparagraph 1 of Paragraph 1 of Articles 35 shall be approved and ratified by educational authorities through the registers of students formulated by the school, and then be sanctioned by the conscription agency or unit at the local city or county government .
Article 37
Male exempted or prohibited from service or deferred from induction or mobilization shall present an application to the township/city/district government agency in person or by the householder and be ratified by the organizations and schools.
Article 38
The organizations and schools shall ratify to the township municipal and county/city governments or the Ministry of National Defense subordinating responsible unit if the cause to defer induction or mobilization was demolished and the Male deferred shall present an application to the township/city/district government agency in person or by the householder.
Article 39
Male reported and applied to exempted or prohibited from service, or deferred from induction or mobilization shall be issued with an appropriate certificate while municipal and county/city governments or the Ministry of National Defense subordinating responsible unit approving.
Article 40
One objecting to the decision of exempted or prohibited from service, or deferred from induction or mobilization shall apply for a review but the induction or mobilization shall not stop during the review.
Article 41
Enforcement Regulations for exemption or prohibition from service, and deferment from induction or mobilization shall be enacted by the Ministry of the Interior.
Chapter 8 Rights and Duties
Article 42
The students,employees and unemployed men taken Active Service in the military camp or the Military Training of Standing Soldier Service in accordance with Articles 44, paragraph 1, subparagraph 1 of the Act Of Military Service System shall be governed by jointly the authorities in charge of education or labor and the central competent authority and local government according to the jurisdictions of the schools, institutions and public or private enterprises as follows while retiring,taking a rotation leave, reinstating, canceling the mobilization and completing Military Training of Standing Soldier Service:
Subparagraph 1-The male recruited or mobilized shall go back and reinstate to the original schools, institutions and public or private enterprises if still exist.On the other hand, authorities in charge shall provide the allocation and guidance if the original schools, institutions and public or private enterprises do not exist anymore or unemployed men.
Subparagraph 2-Students and employees shall check in on time according to the rules prescribed by the schools, institutions and public or private enterprises and shall be regarded as waiver if being over a month overdue.
Subparagraph 3-The male recruited or mobilized with legal extension shall be subjected to subparagraph 1 and 2 mentioned above after completing his service.The male continuing services exceeded three years shall be allocated or guided their schooling or woking while retiring,taking a rotation leave, reinstating, canceling the mobilization according to subparagraph 1.
Subparagraph 4-Servicemen may Continue education by off-duty learning or going to the cram school during the service.The regulations shall be prescribed jointly by the Ministry of National Defense and the Ministry of education.
Article 43
An official leave shall be granted to the students or the employees assembled for Educational Mobilization, Duty Mobilization or Roll-Call Mobilization.
Article 44
Rules of Assistance shall be in charged and prescribed by the Ministry of the Interior and implemented by the municipal and county (city) governments according to following principles:
Subparagraph 1-To provide the chance of employment if draftee's dependent is competent to work
Subparagraph 2-Where a Draftee's dependent receives no support in accordance with the preceding article, or is unable to make a living though with the support, or all dependents of the entire family are aged, feeble and unable to make a living, they shall be given by cash or in kinds to to make a living.
Subparagraph 3-In case of acts of God, human disaster, childbirth, death, a Draftee's dependent shall be assisted of cash or in kinds depending on the needs necessarily.
The funding needed shall be subsidized by the Ministry of the Interior budget in an amount as determined by the Central Government.
Article 45
Military personnel injured or disabled in accordance with Articles 44, paragraph 1, subparagraph 3 of the Act Of Military Service System shall be implemented as follows and paid an indemnity subjected to Indemnity Act for Military Personnel .
Subparagraph 1-Who are willing to be employed and being competent to work shall be subjected to Articles 42 and who are unemployed originally or losing the work due to the injury shall be trained and guided with employment service by the government.
Subparagraph 2- Who are willing to study shall be subjected to Articles 46, paragraph 1, subparagraph 2.
Subparagraph 3-Who are willing to return to their hometowns and could not study or work shall be assisted.
Subparagraph 4-Who are totally disable shall be cared by the government.
The matters with regard to the employment service mentioned in subparagraph1 shall be authorized by Central Competent Labor Authority .Schooling matters mentioned in subparagraph 2 shall be authorized by the Ministry of education.Assistance of returning to hometowns mentioned in subparagraph 3 shall be authorized by the the Ministry of National Defense. Caring mentioned in subparagraph 4 shall be authorized jointly by the the Ministry of the Interior and Veterans Affairs Council(VAC) and shall be paid from the budget separately.
The matters prescribed in subparagraph1 shall be authorized jointly by Central Competent Authorities and the municipal and county (city) governments.
Article 46
The matters with regard to cultivation mentioned in the Former Section of Articles 44, paragraph 1, subparagraph 4 of the Act Of Military Service System shall be conducted as follows:
Subparagraph 1-The Survivors of Military could not manage to make a living shall be aided until they reach adulthood.
Subparagraph 2- The Survivors of Military shall be freed or waived educational fees of special needs according to their circumstances and shall have priorities to attend to the schools until they graduate from the public or registered private college/university.
The matters prescribed in paragraph1, subparagraph1 shall be authorized by the Ministry of the Interior and conducted by local governments. The matters prescribed in paragraph1, subparagraph 2 shall be authorized by the Ministry of the Education and be conducted separately by the Ministry of the Education and the municipal and county (city) governments according to the relationship with the schools dropped out from.
The caring mentioned in the Former Section of Articles 44, paragraph 1, subparagraph4 of the Act Of Military Service System shall be conducted jointly by Veterans Affairs Council(VAC) and related institutions.
Article 47
The funeral affairs, commemoration and praise mentioned in Articles 44, paragraph 1, subparagraph 5 of the Act Of Military Service System shall be conducted as follows:
Subparagraph 1-The corpse shall be buried in the way of state-funeral or public-funeral and the Ministry of the Interior, the Ministry of National Defense and the municipal and county (city) governments shall be responsible for the killed in action (KIA)'s funeral expenses, and erect memorial cemetery and monuments to honor them.
Subparagraph 2-The biography thereof shall be recorded in Academia Historica and be related a story or information by the the Ministry of National Defense and the municipal and county (city) governments.The school shall dedicate a monument in memory of the KIA.
The rules of funeral affairs, commemoration and praise mentioned in preceding paragraph shall be prescribed by the Ministry of National Defense and the Ministry of the Interior separately.
The rules of establishment and management of Military Cemetery mentioned in paragraph 1, subparagraph 1 and Articles 44, paragraph 1 , subparagraph 1 of the Act Of Military Service System shall be prescribed by the Ministry of National Defense and the Ministry of the Interior separately.
Article 48
The exit of Recruiting Age Male have not performed the obligation of military service shall be approved and meet the requirements as follows:
Subparagraph 1-The period approved for the exit of a draftee shall not be longer than two years if the draftee is a student who has applied for the exit on the grounds of studying courses with a bachelor, master or doctor degree granted under cooperation between domestic and foreign universities.
Subparagraph 2-A draftee who receives a gold metal or first prize by representing the country as a contestant in International Mathematical Olympiad (excluding Asia physics, Asia-Pacific mathematics and international science for junior high students) or US International Science & Engineering Fair and is recommended by the Ministry of Education for study overseas may exit for the study period. The age of attending school shall not exceed thirty .
Subparagraph 3-The period approved for the exit of a draftee shall not be longer than one year if the draftee is a student who has applied for the exit on the grounds of taking a research project, foreign studies, performance, visit, competition event, training or field practice as assigned or recommended.
Subparagraph 4-The period approved for the exit of a draftee shall not be longer than six (6) months if the draftee, though not a student, has applied to exit on the grounds of representing the nation to give a performance or to participate in a competition as assigned or recommended.
Subparagraph 5-A draftee who has applied for exit on the grounds of studying abroad shall obtain the admission issued by a foreign school.
Subparagraph 6-A draftee who has applied for exit on the grounds of studying in Mainland China area shall obtain the admission issued by a duly accredited university and department recognized by the Ministry of Education.
Subparagraph 7-The period approved for the exit of a draftee shall not be longer than four months if the draftee has applied for the exit on grounds other than those described in the preceding 6 Subparagraphs.
For any draftee who has departed from Taiwan area before reaching his conscription age or approved for the exit in Subparagraph 5 of the preceding Paragraph and has been studying abroad after the first day of January of the year he has reached the age of conscription, shall meet the following requirements, and said draftee may file an application for a re-exit, submitted together with a duly notarized certificate of study; each stay shall not be longer than three (3) months:
Subparagraph 1-The draftee studying abroad is taking high school degree in an academic institute duly accredited by the regulating authorities of education in that country.
Subparagraph 2-The ceiling age for overseas studies is twenty-four years old in case of taking university degree in an academic institute; twenty-seven for a master's degree; and thirty for a doctor's degree; for the purposes hereunder, the ceiling age is accountable until the thirty-first day of December in that current year of reaching the ceiling age: Provided, however, that the ceiling age may be extended for one year accordingly if the college the draftee is taking his bachelor's degree at maintains a system longer than four years; the ceiling age may be extended accordingly if the draftee continues to take his master's and/or doctor's degrees upon being conferred with the bachelor's degree; in no case may the extension for taking his doctor's degree exceed thirty-three years old.
Those exit conditions described in the preceding Paragraph shall also be applicable to any draftee who departed from Taiwan area before reaching his conscription age or approved for the exit in Subparagraph 6 of Paragraph 1, has been studying in Mainland China area after the first day of January of the year reached his conscription age, and taking a bachelor’s, master’s or doctor’s degree at a duly accredited school and department recognized by the Ministry of Education. Provided, however, that the preceding Paragraph shall be applicable for the entrance or exit of any draftee who is a child of Taiwanese business persons approved to invest in Mainland China area or its employees, arrived in Mainland China area before reaching his conscription age or after the first day of January of the year reaching his conscription age, and has taken his bachelor’s, master’s or doctor’s degree at a duly accredited school by the authorities of education in Mainland China area, after reaching his conscription age. Upon filing the application, a service certificate from either of his parents shall be submitted together. The documents submitted by a draftee studying in Mainland China area shall be authenticated by the institution set up or designated, or by the private organization entrusted by the Executive Yuan.
Regulations for Exit of Draftees including approving of exit, limits and condition of postponement in accordance with preceding three paragraphs shall be prescribed by the Ministry of the Interior and reported to the Executive Yuan for approval.
If and when by the national defense and military purposes, the Executive Yuan may suspend stop processing all or any part of the applications for exit filed by draftees.
Recruiting Age Male could not be recruited due to his failing to return to Taiwan before the expiry of the term specified for the exit without reasons shall be penalized according to Punishment Act for Violation to Military Service System.
The Investigation regulations of exit of so-called Man of Approaching Service Age shall be prescribed by the Ministry of the Interior.
Article 49
Oaths prescribed in accordance with Articles 45, subparagraph 1 of the Act Of Military Service System are as follows:
I do solemnly and sincerely swear that I will be royal to the nation, safeguard the security of the State,observe military regulations, obey orders, faithfully perform my duties and keep military secrets. Should I break my oath, I shall be willing to submit myself to severe punishment by the State. This is my solemn oath.
Article 50
Statute of Favors for Military Servicemen & Their Dependents shall be stipulated separately.
Article 51
The payment for a serviceman during rendering to active service, retirement and reinstatement by laws shall be prescribed by the Executive Yuan.
Chapter 9 Supplementary Provisions
Article 52
That the military training courses offered in senior high or higher education schools and the military training courses offered under the All-Out Defense Education can be deducted in accordance with Paragraph 2 of Articles 16 of the Act of Military Service System means Ranking Officers, Non Commissioned Officers, Standing Soldiers and draftees of Substitute Services taken and passed the military training courses under the All-Out Defense Education offered in senior high or higher education schools during or after this Act being carried out on November 21, 2000.
Article 53
Male transferred to Substitute Services in accordance with Articles 8 or Article 12 and having time spent in service, military service and Active Service shall reduce the period of Substitute Services.
The male prescribed in the preceding paragraph shall be canceled the conscription and mobilization by the Ministry of National Defense subordinating responsible unit and be assigned by the Ministry of the Interior the date and site to register.
Article 54
The order of conscription and mobilization shall not be delivered by way of public service.
Article 55
To promote the Military Service and related matters, the regulations for award and punishment, propaganda, conscription and cheer shall be enacted jointly by the Ministry of National Defense, the Ministry of the Interior and the Ministry of Education.
Article 56
This Act shall come into effect on a date to be prescribed by the Executive Yuan.