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

Print Time:2024/11/22 09:14
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Chapter Law Content

Chapter 1 General Provisions
Article 1
The Regulations hereto are formulated in accordance with provisions prescribed in Paragraph 6, Article 5 of the Enforcement Statute for Substitute Services (hereinafter referred to as the “Statute”) and provisions in Article 21 of the Volunteer Service Act.
Article 2
A draftee-to-be (a male citizen within the range of conscript ages, subject to draft into military services) in the physical status graded for regular serviceman is entitled to apply for Substitute Services except one meeting any of the following who is not qualified for application:
1. One in deferred draft, applying for reclassification of physical rank or for deferred draft.
2. A draftee-to-be college, university or higher educational level, in the qualifications as a reservist officer, NCO.
The restriction on application ceases to bind the one meeting conditions set forth in Clause 1 of the preceding paragraph if the cause for deferred draft ceases to exist in the year in which the application is filed, and ceases to bind the one if the applicant submits an affidavit to renounce the qualifications as a reservist officer, NCO if he is approved to serve the Substitute Services.
Where a draftee-to-be who applies for Substitute Services is receiving a court trial or receives a final and irrevocable court judgement following his commission of a crime as the Substitute Services Review Committee passes the case, the competent authority of the government may disapprove of his application for Substitute Services or may restrict the categories of his Substitute Services. The restriction in this article, nevertheless, does not apply to a juvenile criminal, unintentional offender or a criminal granted a suspension which has not been revoked.
Article 3
Application and screening for Substitute Services shall be subject to the following operating procedures:
1. Rationing of the quota: The competent authority of the government shall, not later than the last day of February every year, review the categories and demands for the Substitute Services as requested by the users and submit to the Executive Yuan (the Cabinet) for final decision.
2. Public announcement: The competent authority of the government shall, in accordance with the categories and quotas of Substitute Services approved by the Executive Yuan (the Cabinet), propose the general regulations for screening Substitute Services and announce such general regulations to public.
3. Application: The draftee-to-be or his agent shall, during the period of application as specified in the public announcement, submit application along with supporting documents to the local (Hsiang, city, district) government hall in the place where his household has been established. After the application is entertained, the draftee-to-be is free of draft until the specified date.
4. Screening: Screening shall be completed within two months from public announcement. The applications shall be granted straight if the applicants are within the specified quota, and shall be determined by lot drawing if exceeding the specified quota.
The aforementioned procedures may be handled by the competent authority of the government in installments as the actual demand may justify in the year.
The number of applicants approved under Clause 1 of Paragraph 1 excludes the ones who serve the Substitute Services because of religious, family factors.
The general regulations for screening set forth in Clause 2 of Paragraph 1 shall describe the quotas for various categories of Substitute Services, qualifications and mode for screening, duration of Substitute Services, pay and restrictions.
Article 4
The qualifications and screening orders for application for Substitute Services are enumerated below:
1. Religious, family factors: A draftee-to-be who applies due to a religious factor living up to requirements under Article 5, or applies as his family conditions live up to Article 11.
2. Qualifications in expertise:
(1) One who lives up to the expertise license/certificate in the category set forth in Article 4, Paragraph 1 of the Statute by satisfactorily passing a state-sponsored examinations.
(2) One who obtains an expertise license/certificate in the category set forth in Article 4, Paragraph 1 of the Statute, issued by the central government level competent authorities in charge of the target business.
(3) One who possesses the academic, provisional or specified training qualifications designated by the competent authorities in concert with the user authority.
3. Volunteer qualifications: A draftee-to-be who has engaged in voluntary service related items for one year and has served for 150 hours minimum and has possessed voluntary service certificate may be preferentially appointed to serve the Substitute Services in the relevant categories.
4. General qualifications: A draftee-to-be who possesses none of the aforementioned qualifications and applies.
An applicant who applies under Clauses 1~3 of the preceding paragraph but fails to pass the screening or ive up to the requirements may be subject to screening in general qualifications in backup if he desires.
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