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Chapter Law Content

Title: Act of Military Service System CH
Category: Ministry of National Defense(國防部)
CHAPTER – 8 Mobilization
Article 37
Reserved Military Men and Replacement Soldiers are mobilized as follows:
1- General Mobilization : War or very disorder occurred, and be enforced according to war demands.
2- Temporary Mobilization : Being enforced when replacing the active service at ordinary time, return to service when reasons for suspension is destroyed, personnel replacement during the war or needed on the military garrison.
3- Educational Mobilization : bing enforced when military training or drill is required.
4- Duty Mobilization : bing enforced when war or very disorder has occurred,to assist the Duty during the war or local self defense force whenever needed.
5- Roll-Call Mobilization : bing enforced when roll-call or a Military Parade is required.
Article 38
The Active Service refers to those Reserved Military Men (Reservist) and Replacement Soldiers who are enlisted in the military camp.
Those Armed Troops that were organized in accordance with the law and are included into the warfare listing during the war are also known as an Active Service.
Article 39
When mobilizing the Reserved Military Men (Reservist) and Replacement Soldiers,except for mobilizing those Ranking Officers or Non Commissioned Officers, that need to be prioritize according to its Military Position Skills and Rank, Age and Energy,the mobilization of Enlisted Soldiers are base on the following sequence:
1- General Mobilization and Temporary Mobilization of personnel replacement during the war and military garrison, and base on the war demands,mobilize in sequence according to the age and military position skills.
2- Temporary mobilizing of those returning when the reasons for suspension are destroyed and replacing of Active Service in ordinary time,can have the priority of enlisting into the military camp.
3- Educational Mobilization and Temporary Mobilization of replacement of Active Service in the ordinary time, are mobilized according to the military position skill education requirements.
4- Duty Mobilization is base on the sequence of the Replacement Soldiers and Reserved Soldiers Reserved Service.
5- Roll-Call Mobilization is according to the time length of leaving the camp and the needs of mobilization to determine its sequence.
Article 40
When the General Mobilization or the Temporary Mobilization is required if war or very disorder has occurred, in supporting the war to maintain enough personnel in the front and back, and has no impact on the war, the nation can enlist, gradually, these personnel into mobilization;and by not affecting the required population, can mobilize in a later time as much as possible.
Article 41
Military Reserve Personnel and Replacement Soldiers who are under General Mobilization or Temporary Mobilization and with any of the following situations can be deferred:
1. Those who are sick and proven unable to perform the military operation.
2. Special technicians employed by military industries presently and have been examined and approved.
3. Teachers having teaching positions in senior high schools or under (including the first three years of five-year junior colleges) for more than one year and have been examined and approved.
4. Those who bear the living of their family with any of the following situations:
(1) No siblings can bear the living of the family.
(2) All siblings are serving in the military camp.
(3) All siblings are under 20 years of age.
(4) The family are identified as low-income or medium-low-income households.
5. Those who have no siblings and either of their parents are elder than 60 years old or deceased . However, this is not applicable where the parents are both deceased.
6. 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, the male will still be mobilized.
Article 42
Those Reservist and Replacement Soldiers who have received a General Mobilization or Temporary Mobilization for enlisting into a military camp, except for those Standing Ranking Officers and Standing Non Commissioned Officers services that are regulated in other relevant laws, and have one of the following situations but will not impact the military warfare, can take a rotation leave:
1- Over populated.
2- Had been extending of his service while in Active Service period.
3- Has been recruited into the military camp for over two years.
4- Outstanding performance in while in service.
Article 43
Reserved Military Men (Reservist) and Replacement Soldiers who have one of the following situations and have been approved by a subordinate responsible unit of the Ministry of National Defense may be exempted from the Re-train, Services support and Accountability Mobilizations.
1- Unable to move freely due to an illness.
2- Having the need to personally handle a major family incident.
3- Being a student studying in a secondary school or higher.
4- Being an elected representative who is in session.
5- Traveling abroad on business.
6- Being a sailor who is on a foreign route voyage.
7- Being a crime suspect who is in detention or serving a sentence.
8- Cannot be mobilized due to other special circumstances.
The standards for determining the situations under the subparagraphs of the preceding paragraph shall be prescribed by the Ministry of National Defense.