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

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Title: Organization Act of the Ministry of National Defense CH
Amended Date: 2021-06-09
Category: Ministry of National Defense(國防部)
Article 1
The Executive Yuan shall establish the Ministry of National Defense (hereinafter referred to as“MND”) to administer the nation’s defense.
Article 2
MND shall be in charge of the following matters:
Subparagraph (1)
Planning, recommending and implementing the defense policies
Subparagraph (2)
Planning, examining, discussing and implementing the defense and military strategies.
Subparagraph (3)
Founding and developing the troops;Researching and developing the defense technology and weapon systems; integrating and evaluating the military buildup.
Subparagraph (4)
Planning , examining, discussing and implementing the defense resources, the manpower of defense and the military education.
Subparagraph (5)
Planning and implementing the matters of martial law, corrections, national defense regulations, administrative appeal, state compensation, rights and benefits of officers and soldiers.
Subparagraph (6)
Planning and implementing the inspection and supervision of the military.
Subparagraph (7)
Planning, inspecting, administrating and implementing the policy, regulation, institution and program of defense procurement.
Subparagraph (8)
Planning and implementing the MND Ethics officials.
Subparagraph (9)
Planning and implementing the assistance in disaster relief and rescue.
Subparagraph (10)
Planning, implementing and supervising other national defense affairs.
Article 3
MND may set up divisions and offices to administer the affairs in accordance with the preceding Article, and may establish branches or hereunder the departments depending on requirements.
Article 4
MND shall have one Minister (political appointment); two Vice Ministers (political appointment or General,Admiral ); and two Administrative Deputy Ministers at senior grade 14 or Lieutenant General(Vice Admiral).
Article 5
Paragraph (1)
MND shall establish the General Staff Headquarters of the MND serving as the staff organization of command system for the Minister.
Paragraph (2)
The General Staff Headquarters shall command the joint operations of Army,Navy, and Air Force .
Article 6
The subsidiary organizations of the Ministry and their functions are as follows:
Subparagraph (1)
Political Warfare Bureau: Planning, examining, discussing and implementing the political warfare affairs.
Subparagraph (2)
Armaments Bureau: Planning, examining, discussing and implementing the armament affairs.
Subparagraph (3)
Comptroller Bureau: Planning, examining, discussing and implementing budget, accounting, and statistics.
Subparagraph (4)
Medical Affairs Bureau: Planning, examining, discussing and implementing the medical affairs and sanitary services.
Subparagraph (5)
All-out Defense Mobilization Agency: Planning, examining, discussing and implementing the military mobilization affairs, and to assist the Executive Yuan, subordinate agencies, municipalities and city/county governments with the all-out defense mobilization affairs.
Article 7
Paragraph (1)
MND shall establish the Army Command Headquarters, Navy Command Headquarters, Air Command Headquarters, and other military institutions. The organizations shall be governed by decrees.
Paragraph (2)
MND shall configure Military Institutions fitted in the preceding Paragraph and their affiliated troops into the General Staff Headquarters for force command.
Article 8
Paragraph (1)
MND shall establish Military Police Command and Information, Communication Electronic Force Command and the organization will be structured in accordance with the table of organization and equipment.
Paragraph (2)
MND shall configure Military Institutions fitted in the preceding paragraph and their affiliated troops into the General Staff Headquarters of MND for force command and control affairs.
Article 9
Paragraph (1)
MND may establish Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize Local Military Court to set up temporary tribunals in certain troops.
Paragraph (2)
MND may establish High Military Court or its branches in appropriate locations to meet the requirements of troops. In wartime, it can authorize High Military Court to set up temporary court in battle zone.
Paragraph (3)
MND may establish Supreme Military Court in the location of central government belongs. In wartime, it can authorize Supreme Military Court to set up temporary tribunals in war zone.
Paragraph (4)
Prosecutorial offices shall be allocated to courts and branch courts at each respective level by MND.
Paragraph (5)
The organization of courts, branch courts and prosecutorial offices at each respective level in the preceding four Paragraphs shall be governed by decrees.
Article 10
If necessary, MND shall be permitted by the Executive Yuan and dispatch staff members to work in the R.O.C. Overseas Missions in pursuance of the Organization Act of Diplomatic Missions of the Republic of China.
Article 11
The ranks, grades and number of positions of MND staff shall be governed by the personnel establishment chart. The appointment of public officials shall not be less than 1/3 of employees under the limited budgets of government agencies.
Article 12
The commence date shall be determined by the Executive Yuan via a command.
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