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

Print Time:2024/11/22 09:23
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Chapter Law Content

Chapter 4 Deferred Draft
Article 11
For students applying for military draft deferral pursuant to Clause 1, Paragraph 1, Article 35 of Conscription Act, their schools shall provide a list of student names, sorted by registered residency, with their application to the respective city/county government one month after the registration deadline.
A student, who hasn’t enrolled in high school or received a high school diploma and is participating in a non-school-based experimental education program (hereinafter referred to as “experimental education), shall apply for military draft deferral by having himself, the head of household or his family members bring the documentation, issued by the city/county’s education authority, to the township office for approval.
The application procedure for military draft deferral, as described in the two preceding paragraphs, is set forth by the Ministry of Education.
Article 12
If a student receives his recruitment notice before the draft deferral list arrives the local government, his school has to issue a document-of-proof to the student, his household lead or his family, to bring to the township office for status transfer.
If a student, who didn’t enroll in a senior high school, participating in the experimental education receives his recruitment notice, the student, his household lead or his family members may request his document-of-proof from the local education administrative authority to bring to the township office for draft deferral application themselves.
Article 13
The city/county government shall approve the draft deferral list if no events listed in Article 15 occur. The government should also return a copy of the list back to the applicant school.
The city/county government shall approve the application made by students participating in experimental education if no events listed in Paragraph 2, Article 5 occur.
Notwithstanding the foregoing, those draftees who voluntarily receive military training during their winter or summer vacations while attending colleges or institutions of higher education shall still be subject to drafting.
Article 14
The school must provide the list of names to the city/county government within a month after the registration deadline if a student’s draft deferral extension has been approved.
If a student participating in experimental education has his draft deferral extension approved, the student, his household lead or his family members shall bring the certifying documents, issued by the local education administrative authorities, to the local township office for status update to the local government.
If a previously approved draft deferral timeline is affected due to grade retention, school reentry, school transfer, department transfer, or switching-major, the student mentioned in Paragraph 1 shall prepare a new application for draft deferral. This works similarly to those who are experiencing a change in his experimental education as well.
Article 15
A student at conscription age will NOT be allowed for draft deferral if any of the following scenarios apply:
1. The school he attends is not duly accredited by educational administrative authorities.
2. The status of student enrollment fails to comply with the requirements set out by educational administrative authorities.
3. The student having graduated from a high school or above is reenrolled at a school of the same or a lower level without prior approval by MOI.
4. The student has not yet graduated college (or equivalent) level schooling at the age of 28.
5. The student has not yet graduated any other schooling (as stated in preceding paragraph) at the age of 33.
A student at conscription age who hasn’t completed his experimental education program at the age of 24 is not allowed for military draft deferral.
Article 16
The draft deferral shall be terminated if one of the following occurs:
1. The student has graduated or completed his experimental education.
2. The student has suspended his studies, withdrawn from enrollment or is expelled.
3. The city/county educational administrative authority approves the student’s withdrawal from his experimental education or revokes its permit to conduct experimental education.
In the case of suspension of study, withdrawal from enrollment or expulsion of a student as described in Clause 2 of the preceding paragraph, the school shall notify the student’s registered residence’s city/county government within thirty (30) days upon the departure of the student for deferral termination.
According to Clause 3 of the preceding paragraph, if a student participating in experimental education were approved for withdrawal, the education administrative authorities of his registered residence shall notify his township office within 30 days after the termination for draft deferral cancellation.
Article 16-1
If a student, who was approved for draft deferral and received regular military service training during winter and summer vacation, experiences any of the following, the local office of his registered residency shall transfer the relevant documentation to the township office for updating The Household Registration and Conscription Information System, and terminates the approved deferral at the same time.
1. The student becomes reserve draftee upon completion of his training;
2. The student has spent over 30 days in the camp when training finished, and he’s listed as a replacement service draftee.
Article 16-2
For the work related to deferred draft prescribed in Paragraph 1 of Article 11, Paragraph 1 of Article 13, Paragraph 1 and first half of Paragraph 3 of Article 14, and Paragraph 2 of Article 16, the Ministry of The Interior shall establish an information system for the competent educational administrations or schools to electronically transmit the lists of student names, and after the lists are verified by the municipal or county (city) government where the student’s household registration is kept, the government shall notify the competent educational administrations or schools via the information system.
Article 17
An application for a deferred draft pursuant to Clause 2, Paragraph 1, Article 35 of Conscription Act shall be processed according to the following provisions:
1. If the draftee is being prosecuted for a crime punishable by a maximum sentence not less than an fixed-term imprisonment, the draftee, the household lead or his family member shall carry the indictment or other certifying document to the township/city office for reference to the city/county office for deferral approval.
2. If a sentence is being served, , the judiciary shall send a list of names for notifying the city/county government for deferral approval. Alternatively, the draftee’s registered residence’s township office could attach Ministry of Justice’s note and related evidence to the city/county government for deferral approval.
Clause 2 of the preceding paragraph is applicable to a draft deferral where a rehabilitative disposition for the draftee is being executed.
Article 18
The cause justifying a deferred draft approved under Article 17 hereof shall cease to be in any of the following cases:
1. A non-prosecution disposition becomes final;
2. A judgment of not guilty, exemption from prosecution, remission of punishment, or rejection of an alleged accusation becomes final;
3. A probation for the verdict becomes final;
4. A parole is approved before the completion of the imprisonment;
5. The imprisonment sentence is served or pardoned
6. The execution of rehabilitative disposition has been completed or a remission is granted and there are no other imprisonments pending
If a draft deferral is terminated due to previous reasons, the draftee or the household lead shall notify the registered residence’s township/city office within thirty (30) days. Upon receiving the docket report, the judiciary/military court shall notify, by sending a name list, the draftee’s registered residence’s city/county government within forty-five (45) days to revoke the approval for the deferred draft, and to duly draft into service.
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