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

Print Time:2024/11/22 11:48
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Chapter Law Content

Title: Act of Military Service System CH
Category: Ministry of National Defense(國防部)
CHAPTER – 7 Recruitments
Article 32
The Conscription Age Male shall be conscripted according to the following procedures:
Subparagraph 1- Investigation: Conducted in the place of registered residence.
Subparagraph 2- Conscription Examination: Conducted in the place of registered residence after the investigation.
Subparagraph 3- Draw Lots: Conducted in the place of registered residence after the conscription examination.
Subparagraph 4- Induction: Conducted in the place of registered residence complying with the designated date of entrance to the military camp.
The Conscription prescribed in Paragraph 1 can be processed in advance in the year of 18 years old.
Article 33
After the conscription examination, the Conscription Age Male will be classified into Standing Soldier Service Category, Substitute Service Category, or Exempted from Induction Category and perform the military service as follows:
Subparagraph 1- Standing Soldier Service Category: Those who are appropriate to take Active Service shall serve Active Service of Standing Soldier Service or take Military Training of Standing Soldier Service, and when the population of Standing Soldier is sufficient, the extra may apply for Substitute Service.
Subparagraph 2- Substitute Service Category: Serve Substitute Service.
Subparagraph 3- Exempted from Induction Category: Those who are not qualified to serve military service shall be exempted.
Those who can not be categorized after the conscription examination under the preceding Paragraph shall take a physical examination again to determine their category.
The categories prescribed in Paragraph 1 may be classified by different levels, and the standards of categories will be determined jointly by the Ministry of National Defense and the Ministry of Interior.
Article 34
Those who have gone through the conscription examination and are appropriate to serve the Active Service will be inducted to serve in the military camp according to the strength of military soldiers determined by the Ministry of National Defense or to take the Military Training of Standing Soldier Service under the plan of military training made by the Ministry of National Defense, and January 1st of each year is the formal date of reporting to the military camp; if necessary, backup dates of reporting will be set up separately.
If there are surplus or shortage of strength appropriate to take Active Service, the order of induction shall be determined according to the sequence of numbers drawn and Standing Soldier shall be filled up first, then the Replacement Soldier.
In the event that without harm to national defense and military affairs, and volunteers are sufficient to fulfill the strength of soldiers, those who have passed the conscription examination may be inducted not to serve the Active Service of Standing Soldier Service but to take the Military Training Standing Soldier Service; in the event that volunteers are not enough to fulfill the strength of soldiers, those shall serve the Active Service of Standing Soldier Service.
For those who passed the conscription examination, the Ministry of National Defense along with the Ministry of lnterior shall review the strength and sources of soldiers to determine the time to cease induction for Active Service and the year of birth of those who shall be exempted from Active Service, complying with the preceding Paragraph. The Ministry of Defense shall report the proposal to the Executive Yuan for approval, then send the approval to the Legislative Yuan for notice and announce it to the public. The same procedure applies when retrieving induction for Active Service.
The regulations regarding investigation, conscription examination, draw lots, induction, and other related affairs are determined jointly by the Ministry of National Defense and the Ministry of Interior.
Article 35
The Conscription Age Male who should be inducted to serve Active Service or Military Training of Standing Soldier Service with any of the following situations can be deferred:
1. Students who are studying in senior high schools or above, or participating in the non-school-based experimental education of equivalent level to senior high school.
2. Those who are prosecuted for committing a crime with a principal sentence of penal servitude for a definite period and still on trial, or who have been sentenced and are serving their terms.
In the event that the cause of deferment prescribed in the preceding Paragraph terminates, or when studying in junior colleges or above volunteer to take Military Training of Standing Soldier Service during winter or summer vacations, the male will still be inducted.
Article 36
Recruiting Age Male who has one of the following situation should go through
Recruitment re-processing;Those have not gone through recruitment processes should go through the processes and be recruited aster passing:
1- Reasons for deferment were destroyed.
2- Due to sickness or other causes that were approved for extension of checkups.
3- Transfer of hometown address or mistakes or incorrect records that were corrected or being handled through legal processes after clarifications.
4- Finished serving the jail terms due to breaking the law.
5- Became a citizen of the Republic of China.
6- Migrated to a foreign country before the Recruiting Age and had returned and reside in the country;The same for those who have obtained foreign citizenships.
7- Studying abroad before the Recruiting Age and had returned to the country after graduating;The same for those who have obtained foreign citizenships.
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