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
Any draftee who is transferred to the jail or correction institute
for being sentenced with an imprisonment or adjudged with a
correction disposition and such sentence or judgment becomes
final, the judicial institute (military court) shall notify the
conscription agency or unit at the local city or county government
where the household registration of the draftee is maintained to
register such sentence or judgment; the same governs in the
event the draftee has been amnestied, reduced sentence,
probated, pardoned from doing the rest of the term, or has done
the term.
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 Town, City, or District) where his household
registration is maintained. The submittals then will be sent to
a national army hospital for verification.
Upon answering the call, any reservist showing significant
disabled or sick condition 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
For any draftee restricted from taking military service pursuant to
Clause 1 of Paragraph 1 of Article 5 of Conscription Law, the
judicial (military) court shall within forty-five (45) days after
the judgment becomes final notify the local government to
process accordingly.
For any draftee restricted from taking military service pursuant to
Clause 2 of Paragraph 1 of Article 5 of Conscription Law, the local
government shall process as notified by the judicial (military)
court.
In either of the events as described in the preceding two
paragraphs, if the application is filed by the draftee in person
or the household head of his family with the Public Office at
where the household registration of the draftee is maintained,
the applicant shall submit the written judgment, letter of
command of enforcement and the imprisonment certificate to the
local government in care of the Public Office to process
accordingly.
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
In the event that any student files the application for a deferred
draft pursuant to Clause 1 of Paragraph 1 of Article 35 of
Conscription Law, the school the student is attending shall
respectively produce a list of students applying for deferred
draft according to the place of household registration of the
student and submit the list within one (1) month upon the
deadline of enrollment to seek the approval from the local
government.
Ministry of Education shall set forth the procedure for the
application for the deferred draft as described in the preceding
paragraph.
Article 12
If the student is served with the conscription order at a time
before the school has submitted the list of students applying for
deferred draft to the local government, the school may execute a
certificate to the student, the household head of the student,
or his family to present the certificate for applying for the
deferred draft with the local government in care of the Public
Office at where the household registration of the student is
maintained.
Article 13
Upon receiving the list of students applying for deferred draft
delivered by the school, the local govern shall duly approve the
application if there is the absence of any of those events
specified in Article 15 while returning one copy of the list to
the applicant school.
Notwithstanding the foregoing, those draftees who voluntarily
receive military training during their winter or summer vacation
while attending colleges or institutions of higher education
shall still be subject to be drafted.
Article 14
The school shall within one (1) month upon the deadline of the
enrollment set for then next semester produce and submit a list
of the students approved with the deferred draft for extended
year of studies to the local government to maintain the deferred
draft.
An application for the renewal of the deferred draft shall be
filed by the student referred in the preceding paragraph whose
years of studies already approved is affected by the fact that
the student is flunked, restored for studies, transfer to other
school, section or department.
Article 15
No deferred draft will be granted to any student who should be
subject to the draft of an active service when found with any
of the following events:
1. The school he attends is not a duly accredited by the
education regulating authorities.
2. The academic register fails to comply with those requirements
set for by education regulating authorities.
3. The draftee having already graduated from a high school or
above has registered to study at a school not higher than that
of the school the draftee has graduated from without the prior
approval by MOI.
4. Having not yet graduated from a supplementary school, which is
at the same level of institutions of higher education or lower,
after reaching his full age of twenty-eight(28).
5. Having not yet graduated from a school other than that
mentioned in the preceding section after reaching his full age
of thirty-three(33)
Article 16
In any of the following events, the cause justifying the deferred
draft for any student already approved with the deferred draft
shall cease to be:
1. The student is graduated.
2. The student has suspended his studies, dropped out of the
school or is deprived of his study register.
In the event that any student having suspended his studies,
dropped out of school or been deprived of his student register
as described in Clause 2 of the preceding paragraph, the school
the student was attending shall within thirty (30) days upon the
student is separated notify the local government where the
household registration of the student is maintained to waive the
approval of the deferred draft and to duly draft the student to
take active service.
Article 16-1
The students who were granted deferred draft but subsequently
voluntarily received military training during their winter or
summer vacations shall have their deferred call revoked if
either of the following events occur:
1. The student is a reservist upon completion of the training; or
2. The student had spent more than 30 days in the military when
the training was suspended, and the student has been listed as a
replacement service draftee;
In which case the municipal or county (city) government where the
relevant student’s household registration is maintained shall
notify the local (town, city, or district) public office of the
student’s name and to record such name in the Household
Registration and Conscription Information System.
Article 17
The application for a deferred draft pursuant to Clause 2 of
Paragraph 1 of Article 35 of Conscription Law shall be processed
pursuant to the following requirements:
1. If the draftee is prosecuted for committing a crime with a
principal sentence not less than an imprisonment, the draftee,
the household head or his dependent in the course of the
conscription register investigation held for then current year,
the application shall be filed with the local government for
approval in care of the Public Office where the household
registration of the draftee is maintained. If any new cause
justifying a deferred draft exists only after the conscription
register investigation, the application for a deferred draft may
be filed at any time.
2. If the draftee is sentenced to an imprisonment and is serving
his term, the judicial (military) institute shall produce a list
to notify the local government where the household registration
of the draftee is maintained for the approval. A renewal of
notice for processing the deferred draft shall be served to the
local government for the draftee who has already been approved
with the deferred draft and is transferred to the jail for
serving his term.
Clause 2 of the preceding paragraph may be applicable for the
deferred draft applied for by any draftee who is referred to a
correction or security disposition.
Article 18
The cause justifying a deferred draft approved under Article 17
hereof shall cease to be in any of the following events:
1. A disposition of not prosecuted become final;
2. An judgment of not guilty, a discharge, a remission, or a
rejection of an alleged accusation becomes final;
3. A probation of for the verdict become final;
4. A parole is approved before the completion of the
imprisonment;
5. The imprisonment is completed or pardoned; or
6. The reference to correction or security disposition has been
completed or a remission is granted and there is no other
imprisonment pending to be served.
Upon the cause justifying a deferred draft ceases to be as
described in the preceding paragraph, the draftee or his
household head shall within thirty (30) days voluntarily
declare with the local Public Office where the household
registration of the draftee is maintained. Upon receiving the
docket file, the judicial (military) institute shall within
forty-five (45) days produced and deliver a list to notify the
local government where the household of the draftee is
maintained to waive the approval for the deferred draft, and
the draftee shall be duly drafted.
Article 19
The patient provided incompetent to handle combat operation as
referred in Clause 1 of Paragraph 1 of Article 41 of Conscription
Law relates to a replacement service draftee or a reservist
who suffers major ailment, is injured or handicapped 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 of national school referred in Clause 3 of
Paragraph 1 of Article 41 of Conscription Law relates to a
full-time teacher at a public school currently established by
education regulating authorities, or accredited private national
elementary school or national junior high school.
According to the same Subparagraph 3, any teacher having being
employed for one (1) year or longer, his/her previous service years
in case of any interruption shall be accountable and incorporated
accordingly.
Any teacher referred in the preceding paragraph who may be
entitled with a deferred call shall file the application for a
deferred call by submitting documents of academic background
and work experience with the MOD originator unit for approval in
care of the school he is teaching.
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 in the first paragraph of Article 25 shall be
limited to the following persons:
1. Direct blood;
2. Spouse or parents-in-law;
3. Siblings.
Siblings as specified in Clause 3 may be entitled with a deferred
call shall be limited to those who have already completed the
household registration before reaching his full age of eighteen
(18).Any of those dependents defined in Paragraph 1 when found
with any of the following events shall be excluded:
1. Retained, in jail, under mandatory training, correction, security
disposition, treatment of addicts under observation, or mandatory
treatment;
2. Listed as a missing person;
3. Having already been accepted by public charity institute.
In the event that any of those events in the preceding paragraph
has ceased to be before the bread earner t is called to active
service, the status of his dependent shall be restored.
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.