Chapter 1 General Provisions
Article 1 These Regulations are duly enacted in accordance with Paragraph 5 of
Article 5 of Enforcement Statute for Substitute Services (hereinafter
referred to as the Statute) and Article 21 of Regulations for
Voluntary Military Services.
Article 2 A draftee-to-be (a male citizen within the range of conscript ages,
subject to draft into military services) in the physical status
graded for regular serviceman is entitled to apply for Substitute
Services except one meeting any of the following who is not qualified
for application:
1. One in deferred draft, applying for reclassification of physical
rank or for deferred draft.
2. A draftee-to-be college, university or higher educational level,
in the qualifications as a reservist officer, NCO.
The restriction on application ceases to bind the one meeting
conditions set forth in Clause 1 of the preceding paragraph if the
cause for deferred draft ceases to exist in the year in which the
application is filed, and ceases to bind the one if the applicant
submits an affidavit to renounce the qualifications as a reservist
officer, NCO if he is approved to serve the Substitute Services.
Where a draftee-to-be who applies for Substitute Services is receiving
a court trial or receives a final and irrevocable court judgement
following his commission of a crime as the Substitute Services Review
Committee passes the case, the competent authority of the government
may disapprove of his application for Substitute Services or may
restrict the categories of his Substitute Services. The restriction
in this article, nevertheless, does not apply to a juvenile criminal,
unintentional offender or a criminal granted a suspension which has
not been revoked.
Article 3 Application and screening for Substitute Services shall be subject
to the following operating procedures:
1. Rationing of the quota: The competent authority of the government
shall, not later than the last day of February every year, review the
categories and demands for the Substitute Services as requested by
the users and submit to the Executive Yuan (the Cabinet) for final
decision.
2. Public announcement: The competent authority of the government
shall, in accordance with the categories and quotas of Substitute
Services approved by the Executive Yuan (the Cabinet), propose the
general regulations for screening Substitute Services and announce
such general regulations to public.
3. Application: The draftee-to-be or his agent shall, during the
period of application as specified in the public announcement, submit
application along with supporting documents to the local (Hsiang,
city, district) government hall in the place where his household has
been established. After the application is entertained, the
draftee-to-be is free of draft until the specified date.
4. Screening: Screening shall be completed within two months from
public announcement. The applications shall be granted straight if
the applicants are within the specified quota, and shall be
determined by lot drawing if exceeding the specified quota.
The aforementioned procedures may be handled by the competent
authority of the government in installments as the actual demand
may justify in the year.
The number of applicants approved under Clause 1 of Paragraph 1
excludes the ones who serve the Substitute Services because of
religious, family factors.
The general regulations for screening set forth in Clause 2 of
Paragraph 1 shall describe the quotas for various categories of
Substitute Services, qualifications and mode for screening, duration
of Substitute Services, pay and restrictions.
Article 4 The qualifications and screening orders for application for
Substitute Services are enumerated below:
1. Religious, family factors: A draftee-to-be who applies due to a
religious factor living up to requirements under Article 5, or applies
as his family conditions live up to Article 11.
2. Qualifications in expertise:(1) One who lives up to the expertise
license/certificate in the category set forth in Article 4,
Paragraph 1 of the Statute by satisfactorily passing a state-sponsored
examinations.(2) One who obtains an expertise license/certificate in
the category set forth in Article 4, Paragraph 1 of the Statute,
issued by the central government level competent authorities in charge
of the target business.(3) One who possesses the academic, provisional
or specified training qualifications designated by the competent
authorities in concert with the user authority.
3. Volunteer qualifications: A draftee-to-be who has engaged in
voluntary service related items for one year and has served for 150
hours minimum and has possessed voluntary service certificate may be
preferentially appointed to serve the Substitute Services in the
relevant categories.
4. General qualifications: A draftee-to-be who possesses none of the
aforementioned qualifications and applies.
An applicant who applies under Clauses 1~3 of the preceding paragraph
but fails to pass the screening or ive up to the requirements may be
subject to screening in general qualifications in backup if he desires.
Chapter 2 Application for Substitute Services Due to Religious Factors
Article 5 A draftee-to-be who has been in religion for two (2) years minimum
and is in mentality no longer fitting regular services may apply for
Substitute Services.
The organization of the draftee-to-be's religion shall be the one
having been officially accredited by the government.
Article 6 A draftee-to-be who applies in accordance with the preceding
paragraph shall submit the following papers:
1. Autobiography.
2. Statement of reasons.
3. Affidavit.
4. The certificate issued by the religious organization having
been officially accredited by the government.
Article 7 The Hsiang (township, city, district) government shall, after
entertaining an application for Substitute Services due to religious
factors shall refer to supporting certificates and the preliminary
review papers to the municipal, county (city) government for recheck
within five (5) days.
Article 8 The municipal, county (city) government shall, upon receipt of a
case specified in the preceding article, complete the recheck process
within ten (10) days and submit the supporting certificates and the
recheck papers to the competent authorities for final decision.
Article 9 The competent authorities shall proceed with the cases received in
accordance with the preceding paragraph in the following manners:
1. Call a review committee to complete review process within
three (3) months.
2. Interview the applicant or invite the responsible person or
witness(s) of the religion to be present in the interview to verify
the draftee-to-be's belief, motivation, mentality.
3. Resolve a certain period as an observation period up to one (1)
year maximum during which the draftee-to-be shall not be enlisted
for the time being in case a case is found questionable to approve
or disapprove of.
During the observation period set forth in Clause 3 of the preceding
paragraph, the municipal, county (city) government shall, in concert
with the Hsiang (township, city, district) government conduct
investigation and enter records. The municipal, county (city)
government shall, within fifteen (15) days from expiry of the
observation period, submit the data of the draftees-to-be to the
competent authorities for review.
Article 10 The competent authorities shall keep the municipal, county (city)
government and the draftees-to-be themselves of the results of the
review conducted in accordance with the preceding article within
fifteen (15) days. The reasons shall be provided in case of setting
the observation period or disapproving of the application.
Chapter 3 Application for Substitute Services Due to Family Factors
Article 11 Application for substitute services due to family factors refers
to a case where a draftee-to-be's family meets any of the following
conditions:
1. All family members are aged above 60 or below 18, or mentally or
physically disabled or with major injury or disease.
2. The draftee-to-be has a child or children or his spouse is
pregnant for 6 months or above.
3. The draftee-to-be's family member(s) is/are with medium or more
serious mental or physical disabilities.
4. Father, mother or spouse of the draftee-to-be is suffering from
major injury or disease, or two or more family members are with mild
mental or physical disabilities or major injury or disease.
5. The draftee-to-be's parents, spouse or sibling died or became
physically disabled during their term of military service, and the
fact of indemnity is established.
The age of the aforementioned family members of a draftee-to-be
shall be calculated from the date of the draftee-to-be's application
for substitute services.
The term “mentally or physically disabled or with major injury or
disease” as used in Paragraph 1 denotes a condition that meets the
grading of mental or physical disabilities as promulgated by the
Department of Health, or a disease falling within the National Health
Insurance's scope of major injuries or illnesses, and is verified with
supporting documents. The death or becoming physically disabled
mentioned above shall be verified according to the Indemnity Act for
Military Personnel, Enforcement Statute for Substitute Services,
Enforcement Regulations Governing Indemnity for Draftees-to-Be in
Substitute Services, Inspection Standard for Military Personnel's
Level of Disability or Inspection and Categorization Standard for
Disability Level of Draftees-to-Be in Substitute Services.
Article 12 The term “family members” as used in the previous article denotes
the following family members of the draftee-to-be:
1. Parents, children and spouse.
2. Siblings.
3. Other relative(s) within third degree of relation by blood or by
marriage who has/have been in the same registered household as the
draftee-to-be or who has/have been in a separate household at the same
address and cohabiting with the draftee-to-be for two years before the
date of application.
Family members of the draftee-to-be who are returned overseas Chinese
or from the mainland China, Hong Kong or Macau shall not be counted
unless they have been naturalized and have established household
registration in the Republic of China.
Article 13 A draftee-to-be's family member in any of the following conditions
shall be excluded:
1. Is detained, serving a prison sentence, or under reformatory
penalty or education.
2. Is missing, for which a report has been made with the police for
over six months, or proved to be missing in a major catastrophe.
3. A brother married into his wife's family or a married sister who
is not cohabiting with the draftee-to-be.
4. Is accommodated by a social welfare organization under public fund
or there is another supporting obligor.
5. Is studying for master's degree or below in a registered school,
whose age is under 30 for those studying for a master’s degree,
under 28 for those studying for a bachelor's degree or associate degree,
and under 24 for those studying in a senior (vocational) high school.
6. Is serving his term of military service, not including those who are
in substitute services for family reasons.
The persons meeting the aforementioned situations shall be restored into
the capacity of family members if the causes cease to exist prior to
enlisting.
Article 14 The facts of adoption, marriage into the bride's family, divorce,
termination of adoption or change of age, etc. concerning the
draftee-to-be or his family members shall be recognized only on the
basis of their entry in the household registration before December 31
of the year of the draftee-to-be's 18th birthday or two years before
the submission of the application for substitute services. However,
adoption of the draftee-to-be himself shall be recognized on the basis
of an entry in the household registration before December 31 of the
year of the draftee-to-be's 15th birthday.
Article 15 The Hsiang (township, city, district) government shall, when
entertaining an application for Substitute Services due to family
factors, handle the case in accordance with the following:
1. Hand the investigation & review chart and supporting data of the
application for Substitute Services due to family factors to the
Tsun (Village) or Li Government Secretary or the conscript officers
for on-the-spot investigation.
2. In response to the results of the aforementioned investigation,
the conscript officers may conduct on-the-spot recheck and provide
definite remarks and submit the investigation & review chart,
supporting data and supporting certificates to the municipal,
county (city) government within twenty (20) days.
3. Dismiss straight the application which is found apparently
nonconforming with the application for Substitute Services.
Article 16 The municipal, county (city) government shall, upon receipt of the
aforementioned cases, handle in the following manners:
1. Complete review and inform the Hsiang (township, city, district)
government of the results
in writing, along with the original investigation and review chart
within twenty days. The Hsiang (township, city, district) government
shall inform the applicant. If the case proves nonconforming with
the prerequisites set forth in Article 11, the reasons shall be
stated in writing.
2. If an application is found questionable, recheck on-the-spot or
verify with agencies concerned before coming to the final decision.
In an extraordinary case for which a final decision is hard to make
the reasons should be stated with concrete opinions to the competent
authorities for instructions before due actions as required.
Article 17 The draftee-to-be or the head of his household, if in disagreement
with the decision shown on the notice disapproving of the application,
may apply to the original Hsiang (township, city, district) government
for recheck. The Hsiang (township, city, district) government shall,
after checking and verifying the case, submit the case to the
communications for recheck.
In case of occurrence of new causes after the application for recheck
is dismissed, the draftee-to-be may apply for further recheck before
being enlisted. Application filed beyond the time limit shall no longer
be entertained.
Chapter 4 Application for Substitute Services on Expertise, Voluntary and General Qualifications
Article 18 The Hsiang (township, city, district) government shall immediately
launch the preliminary review upon receipt of an application for
Substitute Services on expertise, voluntary and general qualifications.
It shall advise the applicant to complete corrective action before the
deadline for application in the event that the expertise licenses or
supporting certificates are found nonconforming or erroneous; and shall,
if those papers prove to have lived up to requirements, work out the
roster and statistics and submit them along with the expertise licenses
or supporting certificates in Xerox copies to the municipal, county
(city) government within two (2) days from the deadline of application.
Article 19 The municipal, county (city) government shall conduct recheck
immediately upon receipt of the application cases mentioned in the
preceding article and shall act according to the following:
1. Application on expertise qualifications: Assemble the cases on the
grounds of the categories of services, education and expertise and
submit them to the competent authorities.
2. Application on voluntary qualifications: Submit the cases to the
competent authorities on the grounds of the categories of services and
education.
3. Application on general qualifications: Conduct statistics and report
the total number of cases to the competent authorities and approve of
the applications if the number of applications falls within the quota
granted by the competent authorities in response; and determine the
results through lot-drawing in consolidation with the lot-drawing
for regular servicemen if the number of applications goes beyond the
quota.
Article 20 The competent authorities shall manage the applications in the
following manners after receipt of the submittals in accordance with
the preceding article:
1. Application on expertise qualifications:
(1) The applicants having satisfactorily passed state-sponsored
examinations and been satisfactory with the licenses/certificates
in expertise in the categories set forth in Paragraph 1 of Article 4
will be preferentially reviewed. Approve of the application in concert
with the user organizations straight if the qualified applicants are
not beyond the approved quota and grant the quota to applicants through
lot-drawing if beyond the quota.
(2) In case of a balance of the approved quota after deducting the
successful applicants having satisfactorily passed state-sponsored
examinations with satisfactory licenses/certificates for expertise,
the applicants having satisfactorily passed the examinations under the
auspices of the competent authorities in charge of target business with
the licenses/certificates in expertise in the categories set forth in
Paragraph 1 of Article 4 will be preferentially reviewed. Approve of
the application in concert with the user organizations straight if the
qualified applicants are not beyond the approved quota and grant the
quota to applicants through lot-drawing if beyond the quota.
(3) In case of a balance of the approved quota after deducting the two
preceding paragraphs, i.e., the successful applicants having
satisfactorily passed state-sponsored examinations with satisfactory
licenses/certificates for expertise and the applicants having
satisfactorily passed the examinations under the auspices of the
competent authorities in charge of target business with the
licenses/certificates in expertise, the applicants possessing the
education and professional qualifications as well as expertise training
required by the user organizations will be preferentially reviewed.
Approve of the application in concert with the user organizations
straight if the qualified applicants are not beyond the approved quota
and grant the quota to applicants through lot-drawing if beyond the
quota.
2. Application on voluntary qualifications: Approve of the application
in concert with the user organizations straight if the applicants in
various categories are not beyond the balance of the approved quota
after deducting the applicants successfully granted for various
categories of expertise and grant the quota to applicants through
lot-drawing if beyond the balance.
3. Application on general qualifications: The total balance of the
approved quota after deducting the applicants successfully granted
for various categories of expertise and the applicants successfully
granted on voluntary qualifications shall be allocated to the
municipalities, counties (cities) on the grounds of the total number
of applications of general qualifications submitted by various
municipal, county (city) governments.The aforementioned lot-drawing
shall be conducted by the competent authorities in concert with the
user organizations and the municipal, county (city) governments.
Chapter 5 Bylaws
Article 21 In Substitute Services in family factors, religious factors, the
draftees-to-be shall serve in the areas where their household
registration is established as a commuter to stay home in principle
in case of the former, and shall be in the Substitute Services in
the social service category in principle in case of the latter.
Article 22 Both the municipal, county (city) government and the Hsiang
(township, city, district) government shall establish rosters of the
draftees-to-be in the Substitute Services respectively for sound
control. For disqualified applicants, they shall enter such facts
of time of application, disapproving authority, date and file number
of disapproval, causes of disapproval, into the conscript files and
other files concerned and key into the information systems and files.
Article 23 The municipal, county (city) governments shall report the
statistics of draftee-to-be enlistment and training to the competent
authorities on a monthly basis.
Article 24 The documents and formats of papers required for the Regulations
shall be established by the competent authorities.
Article 25 These Regulations come into enforcement on the same day when the
Enforcement Statute for Substitute Services is enforced.
The amendment to these Regulations comes into effect on the date
of promulgation.