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Act of Military Service System CH

Announced Date: 2020-05-13
Content:
President Hua Zong Yi Zi No. 10900049611, May 13, 109, Republic of China
Order to amend and publish Articles 20, 43, 44
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 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.

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, 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 provisions of Subparagraph 6 of the preceding paragraph 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.
The standards for determining disability caused by injury under Subparagraph 3 of Paragraph 1 shall be prescribed by the Ministry of National Defense.