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Chapter Law Content

Title: Act of Military Service System CH
Category: Ministry of National Defense(國防部)
CHAPTER – 3 Enlisted Soldier Service
Article 15
Enlisted Soldier Service are divided into Standing Soldier Service and Replacement Service.
The proceeding year of a man reaching the age of 18 is the Recruiting Age for the Enlisted Soldier Service.
Article 16
Standing Soldier Service is classified as follows:
1.Active Service: Served in the military camp by the Conscription Age Male passing the conscription examination and before discharge, for a period of 1 year, then discharged.
2.Military Training: Taken in the military camp by the Conscription Age Male passing the conscription examination and before discharged, for no more than 4 months, then completed.
3.Reserve Service: Served by those who are discharged from the Active Service or who complete the Military Training, till retired.
The period of Active Service prescribed in Subparagraph 1 of Paragraph 1 can be deducted by military training courses offered in senior high or higher education schools, after taking and passing, or the military training courses offered under the All-Out Defense Education, on the basis of 8 classes converted to one day deduction.
The period of Military Training of Standing Soldier Service prescribed in Subparagraph 2 of Paragraph 1 can be deducted by the military training courses under the All-Out Defense Education offered in senior high or higher education schools, after taking and passing.
Total time can be deducted by the period of Active Service or Military Training Service of the Standing Soldier Service prescribed in Paragraph 2 and 3 shall be no longer than 30 days and 15 days. The regulations regarding the content, topics, or hours of the military training courses under the deductible All-Out Defense Education prescribed in the preceding paragraph, and the execution, administration, operations, review and other related affairs of the courses prescribed in the preceding two paragraphs, shall be determined jointly by the Ministry of Education, the Ministry of National Defense and the Ministry of the Interior.
The period of Military Training of Standing Soldier Service prescribed in Subparagraph 2 of Paragraph 1 can be deducted by military training received at a military school or military training institution, after completing the required hours and passing.
The regulations regarding the content, topics, or hours of the military training courses that may be used to deduct the period of Military Training prescribed in the preceding paragraph, and the execution, administration, operations, review and other related affairs of the courses prescribed in the preceding paragraph shall be determined by the Ministry of National Defense.
Article 16-1
Those who are inducted to take Military Training of Standing Soldier Service in the military camp prescribed in Subparagraph 2 of Paragraph 1 of Article 16, shall be regarded as the Active Service Soldier during the period in the military camp.
The administration, welfare, diet, medical treatment, solatium for injury or death, nursing, funeral subsidy, emergency and disaster aid, insurance, gratuity, punishment, conviction of Damaging of Military Service, and other rights and obligations of those who are prescribed in the preceding Paragraph shall be subject to the rules governing Standing Soldier Service.
Article 17
Replacement Service is served by those suitable for serving Active Standing Soldiers but not serve due to family factors or being selected to be members of national teams by the Ministry of Education or the Ministry of Labor, or by those with physical status of serving Substitute Services but not serve Substitute Services. Those who serve Replacement Service after passing military training for no more than two months will be enlisted for control and usage by the Ministry of National Defense according to military needs.
The qualifications, application, approval, procedures, and cancellation of serving Replacement Service due to family factors and by those with physical status of serving Substitute Services prescribed in the preceding Paragraph are determined by the Ministry of the Interior. The qualifications, application, approval, procedures, cancellation, revocation, obligations to be performed, and other related matters of the members of national teams serving Replacement Service are determined by the Ministry of Education and Ministry of Labor respectively.
The rules of training, control, usage, and other related matters of the Replacement Service prescribed in Paragraph 1 are determined by the Ministry of National Defense.
Article 18
During the period of staying in a camp when enlisted in the Standing Active Service, at any time when one of the following situations is encountered, and will not affect the national defense military,can retire in advance:
1-Over staffed.
2-Having completed a soldier course education.
3-Having obtained a scholar ability equivalent to a Military skill before enlisting to a camp.
4-having Need to shoulder the family burden due to major cause.
Article 19
During the period of staying in a camp when enlisted in the Standing Active Service, when one of the following situations is encountered, the retirement can be extended, called "Extension of Service":
1- War or Disorder.
2- Sailing or Servicing abroad.
3- Important Military Exercise、Military Parade or Serving an Important Mission.
4- Natural Calamities or Other unavoidable incidents.
Article 20
During the Active Service period, when the enlistee has any of the following situations, his/her service will be suspended, called Service Suspension:
1-Having been diagnosed and confirmed to have a disease that may endanger the health or safety of the group.
2-Assessed as ineligible for military service due to an illness or injury.
3- Being wanted, subject to detention or observation for rehabilitation, or being sentenced in a final judgment to imprisonment or short-term imprisonment, which is in execution.
4- Being sentenced in a final judgment to rehabilitative measure, enforced detoxification treatment or disciplinary education, which is in execution.
5- Having been missing for more than three months.
6- Being held in captivity.
When the reason for Service Suspension ceases to exist, the service will be restored, which is called Service Restoration. However, if national defense and military security is not affected, service restoration of the enlistee may be exempted after a review of the actual situation.
The standards for determining Service Suspension due to illness or injury under Subparagraph 1 and Subparagraph 2 of Paragraph 1 will be prescribed by the Ministry of National Defense.
Article 20-1
During the period of Military Training of Standing Soldier Service, one of the following situations is encountered, the Military Training of Standing Soldier Service will be suspended, called "Suspension of Military Training":
Subparagraph 1-Any situation prescribed in Paragraph 1 of Article 20 is encountered.
Subparagraph 2-Being a junior college student or above while the semester starts.
If Suspension of Military Training is due to the situations stated in Subparagraph 1 of Paragraph 1 and staying in the military camp for 30 days or more, one shall be listed and arranged as a trained Replacement Soldiers; if staying for less than 30 days, one shall be inducted to take the Military Training of Standing Soldier Service.
If Suspension of Military Training Service is due to the situation stated in Subparagraph 2 of Paragraph 1, the student may be inducted when the semester ends.
Article 21
Replacing the lack of Active Service Standing Soldiers is base on the regulation stipulated on Article-36" Need Recruitments ". if still not enough, it should be filled up with Replacement Soldiers;After replacing,will immediately be transferred as Standing Soldier Service.
Article 22
During a war or disorders, the Standing Soldiers will be recruited for a war mission to defend the country base on their age.
Article 23
Depending on the needs of a war, the Replacement Soldiers will be recruited to join the war base on their age, and military training will be enforced or be reorganized according to the National Defense requirements.