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

Print Time:2024/11/22 06:36
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Chapter Law Content

Chapter IV Mobilization Drills, Purchases , Requisition and Compensation
Article 26
In order to verify the status of the all-out defense mobilization system, the authorities of mobilization of the mobilization readiness program may request that necessary drills be held by the authorities of the mobilization branch plans, supported by the Ministry of National Defense and related organization. If necessary, public and private industries should also participate in such drills as requested.
Designated public and private industries should cooperate and participate in the drills.
Municipal city governments and county (city) governments should cooperate for the implementation of the drills f Paragraph 1.
Article 27
For the purpose of maintaining and verifying the mobilization effectiveness, the Ministry of National Defense and the other authorities of legally armed forces may conduct exercise and training in permanent or temporary areas within the territory of the R.O.C.
The drill areas mentioned above should be declared and reported to the related organizations by the Ministry of National Defense and the other authorities of legally armed forces, as well as the Ministry of the Interior.
The central authority, municipal city governments and county (city) governments should cooperate and participate in the exercise of Paragraph 1.
Article 28
The authorities of the drills may purchase and requisition citizens’ properties and draft material operators with the corresponding compensation when necessary. The cooperation of the civil properties for the drills may be conducted under contract commissions.
The authorities of the drills should report the planning of Drafting, Requisition, Purchase of materials and related compensation to the Executive Yuan Mobilization Committee for approval.
The owners or operators of the properties for Drafting and Requisition should timely provide the properties to the assigned places.
Article 29
The properties exempted from Drafting and Requisition are as follows:
1. Those owned by organizations or personnel with diplomatic immunity authorized by the Ministry of Foreign Affairs
2. Those required for public duties by governmental organizations
3. Those places, buildings and facilities employed by libraries, sanatoriums and other charities
4. Those required for citizens’ daily necessities
5. Those proclaimed by the Executive Yuan
Article 30
The authorities conducting drafting, purchase and confiscation should issue requisition orders to command owners or operators to turn in their properties; the drilling units have to fill out receipts listing material names, quantities, degrees of newness and appraisals; in the case of requisition, the service durations have to be listed for materials being returned to owners and operators.
Repeated purchases or requisition from the same material owners or operators within the same year should be conducted only with the owners or operators’ agreement; patented or excluded commodities or those in the drilling areas are not limited.
Article 31
The compensation for material purchases and requisition should be appraised with reference to market prices and depreciation status by municipal city and county (city) governments, owners and operators and other related associations.
Article 32
As soon as the causes for requisition of materials no longer exist, the exercise authorities shall derequisition the materials and return them to the original owners or operators at the locations where the requisitioned materials were delivered.
Operators of the requisitioned materials indicated in the preceding paragraph shall be derequisitioned at the same time.
Article 33
In case of damages to the confiscated materials, the drilling authorities are responsible for repairs; un repairable, damaged or lost property should be dismissed and compensated at the time of dismissal.
The compensation has to be made by the drilling authorities within six months after investigation confirmation.
Article 34
General Coordination Organization All-Out Defense Capabilities may be drafted by the drilling authorities when necessary, while the drafted ones should be notified by written requisition orders 10 days before the date for reporting to duty.
The drafted General Coordination Organization All-Out Defense Capabilities mentioned above should report to duty at the designated locations.
Forces exempted from Drafting are as follows:
1. Those running businesses in agricultural, industrial and commercial industries by oneself and who would fail to support business operations once drafted
2. Those with families who would fail to support themselves once drafted
3. Those in bad health conditions for military drills
The rules and regulations governing General Coordination Organization All-Out Defense Capabilities drafting should be prescribed by the Ministry of National Defense in coordination with other related authorities.
Article 35
The drafted civil forces should be supplied with accommodations, transportation or alternative payments.
The proceeding personnel should be considered on paid leave by their service institutions, schools, groups, companies or factories.
Article 36
Personnel who get injured and physical or mental impediment or die during drills should be compensated based on their original job positions.
For those not able to be compensated as above, the following regulations may be applied:
1. Those injured and ill: taken to hospitals for treatment paid by the drilling authorities or by the requisitioning authorities if during the mobilization implementation phase.
2. The physical or mental impediment: compensated with a one-time payment as follows:
(1) Extremely severe and severe degree: 36 basis points
(2) Intermediate degree: 18 basis points
(3) Mild degree: 8 basis points
3. Deceased: compensated with a one-time payment of 90 basis points
4. Those who died of injuries and illnesses or disabilities should be compensated with a one-time payment of the basis points mentioned above.
For the purpose of this Article, the amount of one basis point shall not be less than that of a monthly remuneration of an annual remuneration payable to a civil servant of the fifth post rank.
When any payment already claimed under the first paragraph herein is lower than that specified in Subparagraphs 2 through 4 of the second paragraph shall be made up the deficiency to the claimant.
Payments to be made under the second paragraph and the deficiency to be made up as provided in the preceding paragraph of Article shall be issued by the drilling authorities or by the requisitioning authorities if during the mobilization implementation phase.
Article 37
The sequence of the bereaved family members claiming the compensation based on , subparagraph 3 and subparagraph4 of Parragraph 2 of above Article ,is as follows:
1. Spouse and Children
2. Parents
3. Grandparents
4. Grandchildren
5. Siblings Should there be more than one bereaved family member with the same priority; the compensation amount shall be evenly distributed to all of them.
In case of any abandonment or loss of claims due to legal causes, the rest of the bereaved family members should share the compensation. In case of no claims for the same priority, the compensations shall go to the bereaved family members of the next priority instead.
The beneficiary priority should follow the testaments of the drilling the Mobilization Implementation phase personnel, if any.
Article 38
The claim rights of the compensations prescribed in Article 36 shall be invalidated if not claimed within two year after their effective dates.
The above-mentioned rights for applying the compensation and claims shall not be permitted to be used for assignment attachment set-off mortgage or guarantee.
Article 39
The related period of drills governing materials purchases, requisition, Compensation and dismissal of regulations should be prescribed by the Ministry of National Defense in coordination with relevant authorities and reported to the Executive Yuan for approval and promulgation.
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