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

Print Time:2024/11/22 10:04
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Chapter Law Content

Title: Act of Military Service System CH
Category: Ministry of National Defense(國防部)
CHAPTER – 9 Rights and Obligations
Article 44
Citizens who serve in the Military Services are entitled to the following rights:
1.During the Active Service or military training period, students shall retain their student status and employees shall retain their original job position and seniority.
2.During the Active Service or military training period, if one’s dependents are unable to maintain their livelihood, the government shall provide assistance.
3.For those who become disabled due to an injury caused by wartime activities or in the line of official duties, the government shall take care of their rearing and education, or send them back to their hometowns according to their wish.
4.For those who die in battle or on official duties, if their families cannot afford the rearing and education of their children, the government shall take care of the rearing and education of those children until they attain adulthood. For those who die in battle training or on official duties, and for those who die after serving more than ten (10) years in active service, the government shall take proper care of their surviving families the same way as the treatment of surviving dependents of veterans in accordance with relevant laws and regulations.
5.For those who die in battle or on official duties, the government shall be responsible for their funerals, erecting memorial tombstones and monuments to honor them, and paying respect to them regularly.
6.For those who die as a result of an illness or accident, their spouses, and the spouses of the Standing Servicemen specified in the preceding subparagraph can be buried in a military cemetery.
7.The rights to other honors, rewards, bereavement compensations, insurance, solatia for injury or death, nursing allowances, and fringe benefits entitled by laws.
The standards for determining disability caused by injury under Subparagraph 3 of the preceding paragraph shall be prescribed by the Ministry of National Defense.
The provisions of Subparagraph 4 of Paragraph 1 do not apply to those who have served in Active Service for more than ten (10) years and die while driving a motor vehicle after taking alcohol, narcotics or other similar substances, or die from using illicit drugs, or by crime-related suicide or engaging in other illegal activities.
The provisions of Subparagraph 4 of Paragraph 1 also apply mutatis mutandis to the surviving families of those who die after serving more than ten (10) years in Active Service prior to the promulgation of articles amended on April 18, 2023.
The provisions of Subparagraph 6 of Paragraph 1 shall apply mutatis mutandis to veterans who are recognized as honorable citizens and their spouses when they pass away.
The government may handle the matters set out in Subparagraph 6 of Paragraph 1 and the preceding paragraph in view of the government’s fiscal conditions; the regulations governing qualifications, procedures, criteria, and other related matters shall be prescribed by the Ministry of National Defense and the Ministry of the Interior respectively.
Article 44-1
The solatia for injury or death, the collective insurance against accident risks, and other rewards and allowances entitled to the Standing Servicemen pursuant to Subparagraph 7 of Paragraph 1 of the preceding Article and other laws, unless otherwise prescribed by laws, the regulations of the recipients, categories, conditions, and procedures of the payments shall be drafted by the Ministry of National Defense and the Ministry of the Interior respectively, and determined by the Executive Yuan.
The rewards, allowances, and other rights entitled to the Standing Servicemen prescribed in the preceding Paragraph shall apply mutatis mutandis to the civil servants or employed staff servicing for the Ministry of National Defense, its subordinate agencies, troops, or schools. The personnel as previously mentioned can participate in the military collective insurance against accident risks at their own expenses on the conditions equivalent to the Standing Servicemen.
Article 45
Those who serve the Military Service in the military camp and take Military Training of Standing Soldier Service, shall perform the following obligations:
Subparagraph 1- Swearing to be loyal to the Republic of China.
Subparagraph 2- Obeying military laws.
Subparagraph 3- Responsible for keeping the confidentiality of line of duty; even after being discharged.
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