Chapter 1 General Articles
Article 1
These Regulations have been incorporated pursuant to Article 41
of Bylaws of Conscription Law.
Article 2
All men reaching conscription age who should be drafted to regular
service during active service and military training or substitute
service (hereinafter to be referred to as the draftee), reservists
and replacements may be duly subject to deferred call or draft
shall be called and drafted if and when as deemed necessarily by
Ministry of Defense (MOD) and provided with the approval from
Executive Yuan to entirely or partially suspend accepting all the
deferred call and draft depending on the order of conscription age
or the rating of the nature of academic institutes after the
results of coordination among MOD, Ministry of Interior (MOI) and
all agencies involved have been reported to Executive Yuan.
The call or draft may be carried out during summer vacation or
winter vacation for the students with deferred call or draft
revoked.
Article 3
If a draftee were to be sentenced with imprisonment, the judiciary
shall notify the conscription unit within the draftee’s registered
residency for status change. The judiciary must also notify the
conscription unit should the draftee receives a pardon, reduced
sentence, parole, sentence exemption, or sentence expiration.
Chapter 2 Exemption from Conscription
Article 4
When rated for his grade of physical condition as exemption from
conscription examination by the city/county government, the
draftee shall be duly exempted from taking military service.
Article 5
Any draftee having not yet perform his conscription obligation is
justified for cause of exemption of military service as determined
in conscription physical examination, the draftee shall apply for
changed rating of physical condition pursuant to conscription
regulations; the same shall apply to the case of any reservist
draftee of substitute services.
Article 6
If any cause of exemption from military service happens to any
reservist or replacement, he shall complete an application form
submitted together with a certificate of diagnosis issued by a
medical institute to the originator unit of MOD in care of local
public office (of Township, City, or District) where his household
registration is maintained. The submittals then will be sent to
armed forces hospitals for verification.
Upon answering the call, any reservist showing mentally or
physically disabled and is determined not competent for taking
military service by a military medical officer, the medical
officer will execute to the reservist a certificate of incompetence.
The MOD originator unit then submits a list to the army hospital for
review; and if the results of review indicate that the reservist is
qualified for the exemption, the army hospital will report it to the
authorities for official approval accordingly.
Article 7
In the event that any in-service found with the cause may be
justified for exemption of military service when verified as
true and correct by an army hospital, the service unit of the
in-service shall first suspend his service before transferring
the case to the originator unit of MOD at where the household
registration of the in-service is maintained to seek the official
approval of the exemption.
For any draftee serving the substitute service found with the
cause may be justified for exemption of the service when verified
as true and correct by a review hospital, MOI shall suspend his
service as authorized and notify the suspension to all units
concerned while the local government shall carry out the official
approval of the exemption accordingly.
Article 8
In the event that the class of physical condition of a draftee is
determined as qualified of exemption of military service and the
determination is later overruled according to the results of a
review hospital, the exemption shall be revoked by the original
unit having made the determination while drafting (calling) the
draftee to perform the military service depending on the class
of physical condition newly determined.
Chapter 3 Restriction of Service
Article 9
If a draftee is found to be prohibited from military service pursuant
to Clause 1, Paragraph 1, Article 5 of Conscription Act, the judiciary
shall notify the government unit within the draftee’s registered
residency within 45 days for proper handling.
The city/county government shall act lawfully based on the notice
from the judiciary/military court and properly handle draftees
prohibited from military service pursuant to Clause 2, Paragraph 1,
Article 5 of Conscription Act
In either of the cases as mentioned in the preceding paragraphs, an
application shall be submitted by the draftee or the head of his
household to the township/city office by bringing the verdict,
command instructions for execution or certificate of release to the
city/county government for legal handling. If no such application is
made, the draftee’s township/city office may refer, by attaching
the certificate of criminal records, to the city/county government for
legal handling.
Article 10
If the restriction of military service is approved pursuant to Clause
1 of Paragraph 1 of Article 5 of Conscription Law, and the first
judgment is changed to a sentence of imprisonment for a term not
longer than five (5) years or the announcement of not guilty after
the revision trial or extraordinary appeal, the judicial (military)
court shall within forty-five (45) days after the judgment becomes
final notify the local government to process as follows:
1. If the draftee has not yet performed his conscription duty, the
restriction of military service upon the draftee shall be waived
and a later draft shall be served to the draftee.
2. If the draftee is a reservist draftee of substitute services,
the restriction of military service shall be waived.
3. If the draftee is a reservist or a replacement, MOD shall be
notified to cause its originator unit to life the restriction of
military service.
Article 9 shall govern in the event that the draftee as referred in
the preceding paragraph is qualified with those conditions of
restriction of military service defined in Clause 2 of Paragraph 1
of Article 5.
Chapter 4 Deferred Draft
Article 11
For students applying for military draft deferral pursuant to
Clause 1, Paragraph 1, Article 35 of Conscription Act, their
schools shall provide a list of student names, sorted by
registered residency, with their application to the respective
city/county government one month after the registration deadline.
A student, who hasn’t enrolled in high school or received a high
school diploma and is participating in a non-school-based
experimental education program (hereinafter referred to as
“experimental education), shall apply for military draft
deferral by having himself, the head of household or his family
members bring the documentation, issued by the city/county’s
education authority, to the township office for approval.
The application procedure for military draft deferral, as described
in the two preceding paragraphs, is set forth by the Ministry of
Education.
Article 12
If a student receives his recruitment notice before the draft
deferral list arrives the local government, his school has to
issue a document of proof to the student, his household lead
or his family, to bring to the township office for status transfer.
If a student, who didn’t enroll in a senior high school,
participating in the experimental education receives his
recruitment notice, the student, his household lead or his family
members may request his document of proof from the local
education administrative authority to bring to the township
office for draft deferral application themselves.
Article 13
The city/county government shall approve the draft deferral list
if no events listed in Article 15 occur. The government should
also return a copy of the list back to the applicant school.
The city/county government shall approve the application made
by students participating in experimental education if no events
listed in Paragraph 2, Article 5 occur.
Notwithstanding the foregoing, those draftees who voluntarily
receive military training during their winter or summer vacations
while attending colleges or institutions of higher education shall
still be subject to drafting.
Article 14
The school must provide the list of names to the city/county
government within a month after the registration deadline if a
student’s draft deferral extension has been approved.
If a student participating in experimental education has his
draft deferral extension approved, the student, his household
lead or his family members shall bring the certifying
documents, issued by the local education administrative
authorities, to the local township office for status update to
the local government.
If a previously approved draft deferral timeline is affected
due to grade retention, school reentry, school transfer,
department transfer, or switching-major, the student
mentioned in Paragraph 1 shall prepare a new application
for draft deferral. This works similarly to those who are
experiencing a change in his experimental education as well.
Article 15
A student at conscription age will NOT be allowed for draft
deferral if any of the following scenarios apply:
1. The school he attends is not duly accredited by educational
administrative authorities.
2. The status of student enrollment fails to comply with the
requirements set out by educational administrative authorities.
3. The student having graduated from a high school or above
is reenrolled at a school of the same or a lower level without
prior approval by MOI.
4. The student has not yet graduated college (or equivalent)
level schooling at the age of 28.
5. The student has not yet graduated any other schooling
(as stated in preceding paragraph) at the age of 33.
A student at conscription age who hasn’t completed his
experimental education program at the age of 24 is not
allowed for military draft deferral.
Article 16
The draft deferral shall be terminated if one of the following
occurs:
1. The student has graduated or completed his experimental
education.
2. The student has suspended his studies, withdrawn from
enrollment or is expelled.
3. The city/county educational administrative authority
approves the student’s withdrawal from his experimental
education or revokes its permit to conduct experimental
education.
In the case of suspension of study, withdrawal from
enrollment or expulsion of a student as described in Clause 2
of the preceding paragraph, the school shall notify the
student’s registered residence’s city/county government
within thirty (30) days upon the departure of the student for
deferral termination.
According to Clause 3 of the preceding paragraph, if a student
participating in experimental education were approved for
withdrawal, the education administrative authorities of his
registered residence shall notify his township office within
30 days after the termination for draft deferral cancellation.
Article 16-1
If a student, who was approved for draft deferral and received
regular military service training during winter and summer
vacation, experiences any of the following, the local office of
his registered residency shall transfer the relevant
documentation to the township office for updating The
Household Registration and Conscription Information System,
and terminates the approved deferral at the same time.
1. The student becomes reserve draftee upon completion of his
training;
2. The student has spent over 30 days in the camp when training
finished, and he’s listed as a replacement service draftee.
Article 16-2
For the work related to deferred draft prescribed in Paragraph 1
of Article 11, Paragraph 1 of Article 13, Paragraph 1 and first
half of Paragraph 3 of Article 14, and Paragraph 2 of Article 16,
the Ministry of The Interior shall establish an information system
for the competent educational administrations or schools to
electronically transmit the lists of student names, and after the
lists are verified by the municipal or county (city) government
where the student’s household registration is kept, the government
shall notify the competent educational administrations or schools
via the information system.
Article 17
An application for a deferred draft pursuant to Clause 2,
Paragraph 1, Article 35 of Conscription Act shall be processed
according to the following provisions:
1. If the draftee is being prosecuted for a crime punishable by a
maximum sentence not less than an fixed-term imprisonment,
the draftee, the household lead or his family member shall carry
the indictment or other certifying document to the township/city
office for reference to the city/county office for deferral approval.
2. If a sentence is being served, , the judiciary shall send a list of
names for notifying the city/county government for deferral
approval. Alternatively, the draftee’s registered residence’s
township office could attach Ministry of Justice’s note and
related evidence to the city/county government for deferral
approval.
Clause 2 of the preceding paragraph is applicable to a draft
deferral where a rehabilitative disposition for the draftee is
being executed.
Article 18
The cause justifying a deferred draft approved under Article 17
hereof shall cease to be in any of the following cases:
1. A non-prosecution disposition becomes final;
2. A judgment of not guilty, exemption from prosecution,
remission of punishment, or rejection of an alleged accusation
becomes final;
3. A probation for the verdict becomes final;
4. A parole is approved before the completion of the
imprisonment;
5. The imprisonment sentence is served or pardoned
6. The execution of rehabilitative disposition has been completed
or a remission is granted and there are no other imprisonments
pending
If a draft deferral is terminated due to previous reasons, the draftee
or the household lead shall notify the registered residence’s
township/city office within thirty (30) days. Upon receiving the
docket report, the judiciary/military court shall notify, by sending
a name list, the draftee’s registered residence’s city/county
government within forty-five (45) days to revoke the approval
for the deferred draft, and to duly draft into service.
Article 19
The patient as mentioned incompetent to handle combat operation
as referred to in Subparagraph 1, Paragraph 1 of Article 41
of “Act of Military Service System” relates to a replacement
service draftee or a reservist who suffers major ailment, is
injured or mentally or physically disabled and whose grade of
physical condition is not qualified as that of a regular services
draftee.
The draftee as referred in the preceding paragraph may file in
person, or by his household head or dependent the application
for a deferred call submitted together with a certificate of
diagnosis executed by an examination/review hospital approved
by the Department of Health to the originator authorities of
MOD for approval; if the applicant has received the call order,
the application for deferred call shall be filed with the
originator authorities of MOD for approval in care of the unit
serving the order of call.
Article 20
The national defense industry referred in Clause 2 of Paragraph 1
of Article 41 of Conscription Law is comprised of the following
types:
1. Any industry of national defense necessity directly operated by
MOD or its agencies;
2. Any public or private industry included in the mobilization
program of national defense necessity industry owned by MOD;
3. Public and private industries undertaking military projects
owned by MOD and its agencies;
4. Any dynamo institute required to maintain national defense;
5. Any institute of resources development and refinery for supplies
required to maintain national defense;
6. Any important institute of supplying water required by consumer
and national defense; and
7. Key production industries in national defense mobilization
during the war.
Any public or private industry falling in any of those types
described in the preceding paragraph may present related
information to file with MOD in care of the regulating authorities
of business entities for that industry at the central level for
recognition as an institute of national industry with authorized
deferred call.
Article 21
Any active professional technician working in a national defense
industry as referred in Clause 2 of Paragraph 1 of Article 41 of
Conscription Law shall meet the following qualification
requirements:1. He has been employed for one (1) full year by the
institute of national industry with authorized deterred call; and
2. His function as a professional technician is not replaceable
by others.
Article 22
Any institute of national defense industry with authorized deferred
call shall produce a list including all professional technician
functions complying with the requirements specified in Paragraph
2 of Article 21 and submit the list to apply for the approval with
MOD in care of its regulating authorities of business entities at
the central level; the same governs in case of changed job title
and/or organizational system of the title of the institute or the
professional technician functions.
MOD may seek advices from any institute concerned as applicable
before deciding whether the approval will be granted for the
application filed under the preceding paragraph.
Article 23
The deferred call authorized institute of national defense industry
shall produce a list of employee who is a draftee and may be
qualified for a deferred call, and submit the list together with
documents as required to apply for the approval with the MOD
originator unit at where the household register of the draftee is
maintained.
The MOD originator unit shall visit from time to time at the
institutes of national defense industry with authorities deferred
call that are located within its jurisdiction, and shall report to
MOD to disqualify any institute with authorized deferred call upon
identifying any wind-up, suspended operation, changed nature of
operation, or terminated undertaking contract.
Article 24
Any active teacher at a school of a level lower than senior high
school or below (including the first three years of a five-year
system at a junior college) referred to in Clause 3 of Paragraph 1
of Article 41 of Conscription Law means a full-time teacher
currently at a public school established by educational authorities,
or an accredited private senior high school, the first three years of
a five-year system at a junior college, junior high school,
elementary school or special school. In respect of a teacher having
being employed for one (1) year or longer under the same Clause 3,
while he/she has taught in a non-continuous manner, his/her
previous service periods shall be combined for calculation.
Any person who is entitled to a deferred mobilization as stated in
the preceding paragraph shall file an application by providing
documents of academic background and work experience to the
school of his service, which will then be transferred for approval
by an administrative agency under MOD.
Article 25
The bread earner referred in Clause 4 of Paragraph 1 of Article 41
of Conscription Law relates to that all his dependents are
respectively of age either under 20 (included) or over 60
(included), or handicapped, mentally or physically, and the
absence of any other dependent to take care of his family.
Any draftee entitled with a deferred call as provided in Clause 4
of Paragraph 1 of Article 41 of Conscription Law shall within the
term published by MOD apply by submitting documents with the
Public Office where the household registration of the applicant
is maintained to seek approval from the MOD originator unit in
care of the local government.
Article 26
The dependent referred to in the first paragraph of Article 25 shall
be limited to the following persons:
1. Direct blood relatives;
2. Spouse or parents-in-law;
3. Siblings.
The dependent as specified in Clause 3 of the preceding paragraph
shall only be those who are entitled to a deferred mobilization and
have completed household registration before turning eighteen (18).
Any of those dependents defined in Paragraph 1 shall be excluded
in any of the following cases:
1. Being retained, jailed, under mandatory training, correction,
security disposition, under observation or treatment of addicts, or
mandatory treatments;
2. Listed in the household registration as a missing person;
3. Accepted by a social welfare institute under public funds.
A person in any of the cases described in the preceding paragraph
shall be included again as a dependent if such case has ceased to
be before being drafted.
Article 27
In the event that two brothers are served the mobilization order or
temporary call order at the same time, they shall negotiate and
agree to elect one to function as the bread earner to apply for the
deferred call pursuant to Item 2 of Clause 4 of Paragraph 1 of
Article 41 of Conscription Law; should the negotiation fail and
both have filed the application for the deferred call, one shall
be approved depending on the specialty as required by military
purpose. In either case, the date of reporting to active service
may be extended, as long as the application for the deferred call
is pending approval.
Article 28
Any adopted son applying for a deferred call pursuant to Clause 5
of Paragraph 1 of Article 41 of Conscription Law shall be limited
to the fact that the applicant has been adopted under the Civil
Code and registered on the household registration.
The application for the deferred call as referred in the preceding
paragraph shall be submitted together with documents as
specified within the term published by MOD to the local Public
Office at where his household registration is maintained to seek
approval from the MOD originator unit in care of the local
government.
Article 29
The following procedure shall govern the application for a deferred
call under Clause 6 of Paragraph 1 of Article 41 of Conscription
Law:
1. Any one receiving the order of call at a time when he is under
prosecution or retained for a crime subject to imprisonment to its
maximal gravity shall apply either in person or by the household
head of his family for the deferred call with the MOD originator
unit located at where his household registration is maintained.
2. The deferred call for any one who is serving his imprisonment
shall be processed as notified by the judicial (military)
institute.
Article 30
Any one qualified for a deferred call fails to file the application
for the deferred call within the time or according to the procedure
specified, MOD originator unit may reject the application:
Provided, however, that when the cause justifying the deferred
call takes place at a time after the term specified, the
application shall be filed by submitting documents specified within
one (1) month upon the next day immediately following that of the
cause takes place.
If a later correction is allowed for any insufficiency in the
submittals or any noncompliance with the procedure specified for
the documents specified in the application for a deferred call,
the attending authorities shall notify the applicant to correct
within seven (7) days. Any absence of making the correction or
the correction is incomplete within the time specified will cause
the application to be rejected by the MOD originator unit.
Article 31
For any one approved with a deferred call and the cause justifying
such deferred call remains existing upon the expiry of the term of
the deferred call approved, he may submit the certificate of
deferred call and support documents to apply for an extension for
the deferred call by following the same procedure in applying for
the original deferred call to seek the approval from the MOD
originator unit.
Article 32
MOD may depending on the nature and military purpose
respectively specify the conscription age, subject, scope and
length of approval for those events permitting deferred calls
as provided in Paragraph 1 of Article 41 of Conscription Law.
Article 33
MOD shall define the duration of the year of deferred call and the
solving of the conscription age shall be made pursuant to
conscription regulations.
Chapter 6 Special Articles
Article 34
In the event that any draftee applying for exemption or restriction
of military service, or for a deferred call or draft when approved
by the local government or the MOD originator unit, the approval
institute shall issue to the draftee a certificate or resolve to
Article 13 hereof.
A list shall be produced to include any draftee rejected with his
application for an exemption or restriction of military service
or a deferred call or draft shall be individually so notified to
him in person or to the household head of his family in care of
the local Public Office, institute or school as the case may be.
Upon approving or rejecting an application as described in the
preceding paragraph, the originator authorities shall produce
lists to respectively notify all institutes concerned.
Article 35
Each year upon completing the routines of applications for
exemption or restriction of military service, or deferred draft
or call, the local governments and the MOD originator units
shall produce the statistical statement separately by the
nature of the application and submit the same to MOI and MOD,
while communicating the same to one another for reference.
Article 36
Any objection to the decision of the application for exemption or
restriction of military service, or the deferred draft or call,
shall be submitted in writing an application for review attached
with valid documents within thirty (30) days upon the next day
immediately upon receiving the certificate or notice to the
local government in care of the local Public Office for review
if the draftee has not yet performed his obligated service and
substitute service; or to the MOD originator unit for review by
following the same procedure in filing the application for the
approval in case of a reservist. Unless provided with a special
case, the application for a review shall be accepted for one time.
Article 37
While the application for review of the decision on the application
of exemption or restriction of military service, or the deferred
draft or call is pending, the enforcement of a draft or a call will
not be suspended.
Any draftee called or drafted to take active service while the
review is pending has been approved with his application for an
exemption or restriction of military service, or the deferred
draft or call, the review unit will respectively produce a list
and report it to MOI and MOD to waive the draft or the call.
Article 38
Each level of school shall assign a staff to undertake the
transactions of the deferred call and deferred draft and report
the personal particulars of the staff to its superior education
administration regulating authorities for reference.
Article 39
Ministry of Justice shall jointly with MOI and MOD specify the
operation requirements governing the notification to the local
government by the judicial (military) institute as provided under
these Regulations.
Article 40
MOI and MOD shall respectively set forth the format each for the
forms provided hereunder.
Article 41
These Regulations shall become operative on and after the day
they are published.