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

Print Time:2024/11/22 11:30
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Chapter Law Content

Chapter 5 Deferred Call
Article 19
The patient as mentioned incompetent to handle combat operation as referred to in Subparagraph 1, Paragraph 1 of Article 41 of “Act of Military Service System” relates to a replacement service draftee or a reservist who suffers major ailment, is injured or mentally or physically disabled and whose grade of physical condition is not qualified as that of a regular services draftee.
The draftee as referred in the preceding paragraph may file in person, or by his household head or dependent the application for a deferred call submitted together with a certificate of diagnosis executed by an examination/review hospital approved by the Department of Health to the originator authorities of MOD for approval; if the applicant has received the call order, the application for deferred call shall be filed with the originator authorities of MOD for approval in care of the unit serving the order of call.
Article 20
The national defense industry referred in Clause 2 of Paragraph 1 of Article 41 of Conscription Law is comprised of the following types:
1. Any industry of national defense necessity directly operated by MOD or its agencies;
2. Any public or private industry included in the mobilization program of national defense necessity industry owned by MOD;
3. Public and private industries undertaking military projects owned by MOD and its agencies;
4. Any dynamo-institute required to maintain national defense;
5. Any institute of resources development and refinery for supplies required to maintain national defense;
6. Any important institute of supplying water required by consumer and national defense; and
7. Key production industries in national defense mobilization during the war.
Any public or private industry falling in any of those types described in the preceding paragraph may present related information to file with MOD in care of the regulating authorities of business entities for that industry at the central level for recognition as an institute of national industry with authorized deferred call.
Article 21
Any active professional technician working in a national defense industry as referred in Clause 2 of Paragraph 1 of Article 41 of Conscription Law shall meet the following qualification requirements:
1. He has been employed for one (1) full year by the institute of national industry with authorized deterred call; and
2. His function as a professional technician is not replaceable by others.
Article 22
Any institute of national defense industry with authorized deferred call shall produce a list including all professional technician functions complying with the requirements specified in Paragraph 2 of Article 21 and submit the list to apply for the approval with MOD in care of its regulating authorities of business entities at the central level; the same governs in case of changed job title and/or organizational system of the title of the institute or the professional technician functions.
MOD may seek advices from any institute concerned as applicable before deciding whether the approval will be granted for the application filed under the preceding paragraph.
Article 23
The deferred call authorized institute of national defense industry shall produce a list of employee who is a draftee and may be qualified for a deferred call, and submit the list together with documents as required to apply for the approval with the MOD originator unit at where the household register of the draftee is maintained.
The MOD originator unit shall visit from time to time at the institutes of national defense industry with authorities deferred call that are located within its jurisdiction, and shall report to MOD to disqualify any institute with authorized deferred call upon identifying any wind-up, suspended operation, changed nature of operation, or terminated undertaking contract.
Article 24
Any active teacher at a school of a level lower than senior high school or below (including the first three years of a five-year system at a junior college) referred to in Clause 3 of Paragraph 1 of Article 41 of Conscription Law means a full-time teacher currently at a public school established by educational authorities, or an accredited private senior high school, the first three years of a five-year system at a junior college, junior high school, elementary school or special school. In respect of a teacher having being employed for one (1) year or longer under the same Clause 3, while he/she has taught in a non-continuous manner, his/her previous service periods shall be combined for calculation.
Any person who is entitled to a deferred mobilization as stated in the preceding paragraph shall file an application by providing documents of academic background and work experience to the school of his service, which will then be transferred for approval by an administrative agency under MOD.
Article 25
The bread earner referred in Clause 4 of Paragraph 1 of Article 41 of Conscription Law relates to that all his dependents are respectively of age either under 20 (included) or over 60 (included), or handicapped, mentally or physically, and the absence of any other dependent to take care of his family.
Any draftee entitled with a deferred call as provided in Clause 4 of Paragraph 1 of Article 41 of Conscription Law shall within the term published by MOD apply by submitting documents with the Public Office where the household registration of the applicant is maintained to seek approval from the MOD originator unit in care of the local government.
Article 26
The dependent referred to in the first paragraph of Article 25 shall be limited to the following persons:
1. Direct blood relatives;
2. Spouse or parents-in-law;
3. Siblings.
The dependent as specified in Clause 3 of the preceding paragraph shall only be those who are entitled to a deferred mobilization and have completed household registration before turning eighteen (18).
Any of those dependents defined in Paragraph 1 shall be excluded in any of the following cases:
1. Being retained, jailed, under mandatory training, correction, security disposition, under observation or treatment of addicts, or mandatory treatments;
2. Listed in the household registration as a missing person;
3. Accepted by a social welfare institute under public funds.
A person in any of the cases described in the preceding paragraph shall be included again as a dependent if such case has ceased to be before being drafted.
Article 27
In the event that two brothers are served the mobilization order or temporary call order at the same time, they shall negotiate and agree to elect one to function as the bread earner to apply for the deferred call pursuant to Item 2 of Clause 4 of Paragraph 1 of Article 41 of Conscription Law; should the negotiation fail and both have filed the application for the deferred call, one shall be approved depending on the specialty as required by military purpose. In either case, the date of reporting to active service may be extended, as long as the application for the deferred call is pending approval.
Article 28
Any adopted son applying for a deferred call pursuant to Clause 5 of Paragraph 1 of Article 41 of Conscription Law shall be limited to the fact that the applicant has been adopted under the Civil Code and registered on the household registration.
The application for the deferred call as referred in the preceding paragraph shall be submitted together with documents as specified within the term published by MOD to the local Public Office at where his household registration is maintained to seek approval from the MOD originator unit in care of the local government.
Article 29
The following procedure shall govern the application for a deferred call under Clause 6 of Paragraph 1 of Article 41 of Conscription Law:
1. Any one receiving the order of call at a time when he is under prosecution or retained for a crime subject to imprisonment to its maximal gravity shall apply either in person or by the household head of his family for the deferred call with the MOD originator unit located at where his household registration is maintained.
2. The deferred call for any one who is serving his imprisonment shall be processed as notified by the judicial (military) institute.
Article 30
Any one qualified for a deferred call fails to file the application for the deferred call within the time or according to the procedure specified, MOD originator unit may reject the application: Provided, however, that when the cause justifying the deferred call takes place at a time after the term specified, the application shall be filed by submitting documents specified within one (1) month upon the next day immediately following that of the cause takes place.
If a later correction is allowed for any insufficiency in the submittals or any noncompliance with the procedure specified for the documents specified in the application for a deferred call, the attending authorities shall notify the applicant to correct within seven (7) days. Any absence of making the correction or the correction is incomplete within the time specified will cause the application to be rejected by the MOD originator unit.
Article 31
For any one approved with a deferred call and the cause justifying such deferred call remains existing upon the expiry of the term of the deferred call approved, he may submit the certificate of deferred call and support documents to apply for an extension for the deferred call by following the same procedure in applying for the original deferred call to seek the approval from the MOD originator unit.
Article 32
MOD may depending on the nature and military purpose respectively specify the conscription age, subject, scope and length of approval for those events permitting deferred calls as provided in Paragraph 1 of Article 41 of Conscription Law.
Article 33
MOD shall define the duration of the year of deferred call and the solving of the conscription age shall be made pursuant to conscription regulations.
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