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

Print Time:2024/11/22 11:37
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Chapter Law Content

Chapter 3 Application for Substitute Services Due to Family Factors
Article 11
Applications for substitute services on account of family factors refer to cases where a draftee’s family status is in conformity with one of the following circumstances:
1. All of the draftee’s family members are aged above 60 or below 18.
2. The draftee has a child or children or his spouse is pregnant.
3. The draftee’s family member(s) is/are mentally or physically disabled or is/are diagnosed with catastrophic illness.
4. Any of the draftee’s parents, spouse, or siblings received relief pay because of death or mental and physical disorders during his/her term of military service.
5. The draftee’s family condition is qualified with the support grading prescribed in Regulations Governing Living Support for Draftee’s Family Members.
The calculation of the age of the draftee’s family members referred to in the preceding paragraph is based upon the date on which the draftee applies for substitute service.
The mental or physical disabilities or catastrophic illness defined in the third subparagraph, first paragraph refers to the diseases that meet the grade provisions of mental and physical disabilities defined by the central health authority, or the announced catastrophic illness coverage of the national health insurance with supporting documents. Death or mental and physical disorders specified in the fourth subparagraph refers to those who conform to the examination criteria for relief on death or mental and physical disorders grading standards respectively specified for military personnel and draftee of substitute service by the Ministry of National Defense or the Ministry of the Interior and are with supporting documents.
Article 12
Family members referred to in the preceding Article include the following family members of the draftees:
1. Parents, children, and spouses.
2. Siblings and their spouses.
3. Other blood relatives or relations by marriage within three generations living in the same household or in separate household registration but at the same address and maintaining the common living, as well as the persons referred to in Paragraph 3, Article 1123 of the Civil Code, two years prior to the application filed by the draftee.
A draftee’s family member who is naturalized, returned overseas Taiwanese, and/or who is from China, Hong Kong or Macao shall be subject to the domestic household registration made in Taiwan.
Article 13
A draftee’s family member(s) in any of the following conditions shall be excluded:
1. Is detained, serving a prison sentence, or under reformatory penalty or education.
2. Is missing, for which a report has been made by the police for over six months, or proved to be missing in a major catastrophe.
3. A sibling and his / her spouse with their child (children), who are not cohabiting with the draftee and not maintaining the common living.
4. Spouse of the draftee’s sibling without making the same household registration or their household separation registration at the same address, nor cohabiting with the draftee and not maintaining the common living, two years prior to the application filed by the draftee.
5. Is accommodated by a social welfare organization under public fund or there is another supporting obligor with higher priority.
6. A divorced parent or being acknowledged by the biological father without cohabiting and maintaining the common living, neither do they raise the children nor exercise rights and responsibilities for their underaged children.
7. The sibling who is divorced, or being acknowledged by the biological father without cohabiting and maintaining the common living, neither does the parent who is cohabiting with the draftee raise or exercise rights and responsibilities for their underaged children.
8. Those pursuing a master's degree (or below) at a registered school, whose age limits are under 30 years old in the master's degree, under 28 years old in the bachelor's or associate’s degree, and under 24 years old in senior high/vocational school.
9. On active military service, except for those on substitute service because of family factors.
In the event of the preceding paragraphs, of which the cause ceases to exist before the conscription, the family membership shall be restored.
Article 14
Circumstances such as adoption, divorce, termination of an adoption or age change for a draftee or his family members shall be limited to the household registration made before December 31 of the year the draftee turned 18, or the household registration made two years before the application for substitute service is filed. It shall be limited to the household registration made before December 31 of the year the draftee turned 15 if the draftee himself was adopted.
Article 15
The Hsiang (township, city, district) government shall, when entertaining an application for Substitute Services due to family factors, handle the case in accordance with the following:
1. Hand the investigation & review chart and supporting data of the application for Substitute Services due to family factors to the Tsun (Village) or Li Government Secretary or the conscript officers for on-the-spot investigation.
2. In response to the results of the aforementioned investigation, the conscript officers may conduct on-the-spot recheck and provide definite remarks and submit the investigation & review chart, supporting data and supporting certificates to the municipal, county (city) government within twenty (20) days.
3. Dismiss straight the application which is found apparently nonconforming with the application for Substitute Services.
Article 16
The municipal, county (city) government shall, upon receipt of the aforementioned cases, handle in the following manners:
1. Complete review and inform the Hsiang (township, city, district) government of the results in writing, along with the original investigation and review chart within twenty days. The Hsiang (township, city, district) government shall inform the applicant. If the case proves nonconforming with the prerequisites set forth in Article 11, the reasons shall be stated in writing.
2. If an application is found questionable, recheck on-the-spot or verify with agencies concerned before coming to the final decision. In an extraordinary case for which a final decision is hard to make the reasons should be stated with concrete opinions to the competent authorities for instructions before due actions as required.
Article 17
The draftee-to-be or the head of his household, if in disagreement with the decision shown on the notice disapproving of the application, may apply to the original Hsiang (township, city, district) government for recheck. The Hsiang (township, city, district) government shall, after checking and verifying the case, submit the case to the communications for recheck.
In case of occurrence of new causes after the application for recheck is dismissed, the draftee-to-be may apply for further recheck before being enlisted. Application filed beyond the time limit shall no longer be entertained.
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