Article 1
These Regulations are duly enacted in accordance with Article 23
of the Conscription Law.
Article 2
A naturalized male alien within the range of conscription age
shall be subject to conscription enlistment according to law
upon expiry of one-year period beginning the day next to his
initial household registration.
Article 3
A draftee-to-be in the status of an Overseas Chinese having
previously established household registration in the Republic of
China shall be subject to conscription enlistment according to
law upon expiry of one-year period beginning the day next to his
return to the Republic of China.
A draftee-to-be in the status of an Overseas Chinese having not
established household registration in the Republic of China
previously shall be subject to conscription enlistment according
to law upon expiry of one-year period beginning the day next to
his initial household registration following his return to the
Republic of China.
A returning Overseas Chinese subject to conscription enlistment
falling within two preceding paragraphs may fill out application
for deferred enlistment and apply to the Hsiang (township, city,
district) government to be referred to the municipal, county
(city) government for approval for deferred enlistment if meeting
any of thefollowing:
1.Having applied for investment in accordance with Statute
Governing Investigation by Returning Overseas Chinese, having
been approved and already enforced the investment amounting to
NT$10 million minimum (or equivalent value of other currencies),
as verified by a certificate issued by the competent authority
in charge of the target businesses.
2.Having served as the general manager, plant manager, general
engineer or a specialized professional engineer in a business
entity operated by Overseas Chinese, as verified by a certificate
issued by the competent authority in charge of the target
businesses.
3.Having served a key department head in a branch (including
office) of an accredited foreign bank or having been a financial
specialist, as verified by a certificate issued by the competent
authorities in charge of banks.
4.Having been denied entry by the government of the foreign
country of his residence, or forced to return to the Republic of
China for temporary stay due to political, economic factors in
the extraordinary environments in his residence abroad or having
been unable to return to his residence abroad due to war there,
as verified by a certificate issued by the competent authority
in charge of foreign affairs or overseas affairs.
5.Having been unable to return to his residence abroad due to
pending litigation which he must manage in person, as verified by
a certificate issued by the judicial authority.
The deferred enlistment set forth in each clause of the preceding
paragraph remains valid until the cause ceases to exist except the
cases in Clause 4 which are up to three years maximum, and in
Clause 5 which are up to three (3) months maximum. In a case under
Clause 5 where the Overseas Chinese calls for continuing deferred
enlistment after expiry due to occurrence of an extraordinary
cause as verified by the judicial authority, he shall apply for
deferred enlistment afresh in accordance with the aforementioned
requirements.
Article 4
The expiry of one-year period set forth in Paragraphs 1 and 2 of
the preceding article shall meet any of the following requirements:
1.Having continually resided for one year in full.
2.Having resided for three times of four months period minimum each
in case a draftee-to-be born in the year before 1984.
3.Having resided for up to 183 days minimum in accumulation during
the period of January 1~December 31 of every year for two years in
case a draftee-to-be born in the year after 1984.
In case of a draftee-to-be as an Overseas Chinese returning for
schooling, the period conforming to the requirements of deferred
enlistment shall not be counted into the period of residence.
Article 5
These Regulations governing returning Overseas Chinese are equally
applicable to a draftee-to-be in the capacity of an Overseas Chinese
returning in a foreign passport.
These Regulations governing returning Overseas Chinese are equally
applicable to male Overseas Chinese returning from Hong Kong, Macao
meeting any one of the following as verified by a certificate issued
by the competent authority in charge of Overseas Chinese affairs:
1.Having returned from Hong Kong and completed the initial household
registration prior to July 1, 1997 or returned from Macao completed
the initial household registration prior to December 20, 1999 in the
capacity of an Overseas Chinese and having obtained permanent
resident permit of the said regions.
2.Born in Taiwan with household registration duly established, having
resided for four years minimum in Hong Kong since July 1, 1997 or in
Macao since December 20, 1999 and having obtained permanent resident
permit of the said regions.
Article 6
One having been approved of deferred enlistment shall declare to the
Hsiang (township, city, district) government within thirty days from
the day next to extinguishments of the cause for deferred enlistment
or next to expiry of the cause for deferred enlistment.
Article 7
The capacity of a returning Overseas Chinese shall be judged on the
grounds of conscription-oriented Overseas Chinese certificate issued
by the competent authorities in charge of Overseas Chinese affairs or
the passport bearing endorsement of Overseas Chinese status.
Article 8
The documents, formats covered in these Regulations shall be
established by the Ministry of the Interior.
Article 9
These Regulations come into effect upon the date of promulgation.