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Chapter Law Content

Chapter 2 Provisions of Services
Article 7
The service period for draftees who apply for the General Substitute Services with qualification for the Substitute Services or for family factors is the same as that of active duty; the service period for draftees who apply for the General Substitute Services with qualification for active duty is not more than six months longer than that of active duty.
The service period of draftees who apply for the R&D Substitute Services or Industry Training Substitute Service is not more than three years longer than that of active duty; a draftee who fails to complete the service period shall take the General Substitute Services; as to the service period, expect that the first stage is counted according to the actual days, the other stages shall be calculated as 1/4 of the actual days to complete the original service. However, if the service period since distribution to the user organization is less than one year, this period shall not be calculated.
The male citizens in the age of military services who have finished the cultivation education of policemen and have not performed the obligation of military service, are not distributed within three years after accepting the fundamental training of the General Substitute Services or fail to complete the specified service period after distribution to user organizations, shall complete the due service period of the General Substitute Services.
The service period of draftees in the General Substitute Services with qualification for active duty as referred to in Paragraph 1 and the service period of draftees in the R&D Substitute Services or Industry Training Substitute Service as referred to in Paragraph 2 shall be reported by the competent authorities to the Executive Yuan for approval.
For the draftees who have completed the service period of the Substitute Services, the competent authorities shall produce and issue certificates on completion of substitute services.
Where a draftee of the R&D Substitute Service or Industry Training Substitute Service completes the prescribed service period, the service period for the draftees with qualification for the Substitute Services as prescribed in Paragraph 1 shall be calculated as the service years; and the left period shall be calculated as years of working in the user organization.
Article 8
The pay, regional allowance and meal and sub-meal allowances for draftees of the General Substitute Services and draftees of the R&D Substitute Services or Industry Training Substitute Service in the first stage or the second stage shall be granted according to the standards for officers, petty officers and standing soldiers of voluntary services in the armed forces; where, the meal and sub-meal allowances may be adjusted according to the actual price and the expenses for providing meals; where the draftees are dispatched to a foreign region, foreign regional allowance of specific grade may be granted with consideration of the geographical environment, traffic conditions, degree of hardship and economic conditions of the region.
The regulations governing the aforementioned pay, regional allowance and meal and sub-meal allowances shall be determined by the competent authorities.
Article 9
A Substitute Services Draftees-to-be may be deferred in enlistment in case of disease or major events for which his management in person is indispensable and shall be duly enlisted as soon as such factor for deferment ceases to exist.
The draftee-to-be shall be subject to be drafted upon the cause justifying the deferred in enlistment ceases to be.
Article 10
A male citizen in the Substitute Services shall be suspended from the Substitute Services, known as Substitute Services suspension:
1. Having been diagnosed to have suffered from a disease which tends to endanger health and security in the group.
2. Having been injured or diseased and thus been rated incompetent for the Substitute Services.
3. Having been wanted for arrest, under custody, on watch list or convicted to a jail term, detention which are under execution.
4. Having been under security penalty, compulsory drug rehabilitation, reformatory penalty or educational penalty in a final decision which are under execution, but excluding protection custody.
5. Having been absent from Substitute Services ["absence without leave" (AWOL)] for up to seven days in accumulation.
6. Having been missing for up to three months.
The period of the aforementioned Substitute Services suspension shall be excluded from the Substitute Services period.
The criteria for Substitute Services suspension set forth in Clauses 1 and 2 of Paragraph 1 shall be determined by the competent authorities.
Article 11
Where the cause of decommissioning is eliminated, except for the circumstances prescribed in the second paragraph, the draftee shall be called back and return to the original organization he served to go on with the services and complete the due service period. However, in case of callback of the R&D Substitute Services or Industry Training Substitute Service, the competent authorities may designate the category of service, organization served or user organization.
In case a male citizen who is suspended from the Substitute Services under Subparagraphs 1~4 and 6 of Paragraph 1 of the preceding article, the competent authorities (i.e., the Ministry of the Interior) may review the case as the actual situation may justify and approve of him not required to restore the Service. The terms to exempt the restoration shall be determined by the competent authorities.
Article 12
A male citizen in the Substitute Services who incurs any of the following may be discharged from the services ahead of schedule:
1. In case of draftees outnumbering the requirements.
2. Where a draftee incurs a major incident in his family for which he must shoulder the key responsibility to make the living or incurs an extraordinary incident otherwise as verified by the competent authorities.
The terms and procedures for Clause 1 above shall be reported by he competent authorities to the Executive Yuan (the Cabinet) before enforcement. The qualifications, terms and procedures to apply for termination ahead of schedule as per Clause 2 above shall be determined by the competent authorities.