Chapter 1 General Articles
Article 1 This Statue has been incorporated pursuant to Article 50 of Enforcement
Regulations of Conscription Law.
Article 2 Beneficiaries entitled to those favors provided in these Regulations
include:
1. Active servicemen and their dependents.
2. A reservist:
(1) Who has completed Standing Commissioned Officer Service, Reserved
Ranking Officer Service, Standing Non Commissioned Officer Service,
Reserved Non Commissioned Officer Service, or Regular Service and has
been duly discharged from the field service.
(2) Who is duly discharged from the field service due to injury in combat
or in performing the official duty.
(3) Who is a Reserved Ranking Officer, or Reserved Non Commissioned Officer
having successfully completed the training but not yet called for field
service.
Article 3 Dependents referred in the Statute include:
1. Spouse of the serviceman.
2. Direct blood of the serviceman.
3. Any other is legally supported by and lives together with the serviceman.
Chapter 2 Administration Authorities
Article 4 Favors allowed for the military servicemen and their dependents shall be
respectively provided by the following authorities:1. Ministry of Interior
(MOI) shall be the central regulating authorities; Ministry of National
Defense (MOD), Ministry of Education (MOE) and Veterans Affairs Commission
of Executive Yuan shall be the cosponsor regulating authorities; and any
other agencies involved that negotiation and coordination are required at
any time.2. On the local level, the local government shall be the regulating
authorities and the headquarters of the Division/Regiment control area at
where the local government is located shall be the cosponsoring regulating
authorities.
Article 5 The local government and the Public Office shall conduct annual survey and
summation of the conditions of the families of servicemen pursuant to the
procedure to be set forth by MOI.
Article 6 Disregarding the native place, temporary or the duration of the temporary
registered domicile address, all servicemen and their dependants may apply
for the favors with the public office at where they reside by presenting
the entries of conscription on their citizen’s ID or any other documents
specified.
Chapter 3 Favors for Active Servicemen & their Dependants
Article 7 Any serviceman called or drafted during the mobilization period has any
public/private debts or any pledged real estate incurred before the call
or draft and fails to settle or redeem such debts or real estate upon
the expiry of the legal term or that as contracted during his active
service, one (1) year of grace may be allowed upon the completion of his
military service if the legal term of service is not longer than one (1)
year; or two (2) years of grace, if the legal term of service is longer
than one (1) year.Failure to settle or redeem as referred in the preceding
paragraph shall be investigated and arbitrated by the local conscription
association and referred to the local government for approval; if according
to the creditor, such arbitration is not properly made, the creditor may
request for an re-examination by presenting evidences.
Article 8 Should the serviceman as referred in the preceding Article 7 be killed in
the battle field or dead from injuries or handicapped as a result of
performing his official duties, he or his inheritor may settle the debts
or redeem the rear estate within three (3) years upon the serviceman is
killed or disabled.
Article 9 If any serviceman called or drafted during the mobilization period or his
dependent has leased or pledged a certain farm land or house before the
call or the draft, and it is proved that such farm land or house is the
means necessarily for life maintenance or habitation and the legal term
or that as contracted for the leased farm land or house is expired at a
time the serviceman is still in service, the leaser or the pledger shall
not terminate the contract or redeem the pledge.
Article 10 No creditor is permitted to claim for a compulsory exercise of any and
all properties relied upon for life maintenance by the dependents of
any active serviceman called or drafted during the mobilization period.
Article 11 If any serviceman before being called or drafted is a owner-farmer or
has leased or held pledged land before he has been called or drafted
to service, and his dependents are proved incapable of farming while
the serviceman is in service, the serviceman may apply for support
farming the public office according to the procedure to be set forth
by MOI.
Article 12 The marriage of the active serviceman shall be protected by the law.
Article 13 Payroll of the active servicemen shall be duly exempted from paying
the income tax.
Article 14 If the serviceman before being called or drafted was an employed
worker and the original employer upon seeking a substitute to fill
the vacancy left by the serviceman shall have first offer to a
competent member who is qualified for that job from the family of
the serviceman.
Article 15 If the serviceman before being called or drafted was an employee to
a government agency, public school and any entity of the public sector,
the government agency, public school or the entity shall not suspend
any and all dependent support allowance, ration of kind or money in
lieu otherwise payable if the serviceman has not been called or drafted:
Provided, however, that, the dependent support allowances should be
suspended if the same is collected by the serviceman in the army.
In addition to collecting the ration of kind, any acting proxy shall be
entitled to the dependent support allowances, ration of kind or money in
lieu.
Article 16 An official leave shall be granted to any active serviceman for the
purpose of participating National High Examination, National Ordinary
Examination or Special Qualification Examination as long as such
participation in the examination does not in any way interfere with
the national defense and military needs. Should the date for any of
such examination happens to fall on the same day of being called or
drafted to report to the army, the date of report may be postponed
accordingly.
Article 17 To pay tributes to any active serviceman who is decorated for
outstanding performance in the operation, the local government and
any academic institute related at where the native or temporary
household registration is maintained shall separately give public
recite to the serviceman.
Article 18 Should any active serviceman who is listed on the missing person or
becomes a prison of war due to engage in combat or performing official
duties whether he has been proved remaining loyal to the country or
is a status pending clarification, the treatment for the dependents
of the serviceman shall be prescribed by MOD.
Article 19 Any active serviceman may be offered at favored rates whenever riding
a train, sea vessel, airplane, bus and other transportation means
operated by the public agency according to the procedure to be set
forth by Ministry of Transportation and Communications (MOTC).
Article 20 Should the land leased or used for the construction of a residential
house by an active serviceman and his dependents be related to public
property, the serviceman may be entitled to a favored rate of lease
during his term of service according to the procedure to be set forth
by MOI. The favored rate of lease described in the preceding paragraph
shall be limited only to the house occupied by the dependants of the
active serviceman.
Article 21 Any active serviceman may be entitled to a favored admission rate to
public entertainment places including theater, cinema house, etc.
pursuant to the procedure to be set forth by MOI jointly with MOD.
Article 22 If the family of any active serviceman is proved in poverty, his
dependents may apply for smaller amount of loan with the government.
An in-service financing funds shall be created and maintained by the
government for the appropriation of the loan as referred in the
preceding paragraph pursuant to the loan application procedure to be
set forth by Executive Yuan.
Article 23 The dependents of an active serviceman may apply for a favored rate
of the state-owned civil utilities necessarily for life maintenance
of the residential house occupied by the dependents of the active
serviceman by presenting the Dependent Ration Card according to the
procedure to be set forth by Ministry of Economic Affairs (MOEA)
jointly with MOD.
Article 24 Dependents of active servicemen seeking medical care at a military
hospital, public hospital and public service medical institute may
be entitled to cost free or reduction according to the procedure
to be set forth by MOI jointly with MOD.
Article 25 Any independent under age of 6 (included) or over 60 (included) of
an active serviceman failing the support by the serviceman may be
admitted on top priority to a public daily care institute, nursery
home or asylum free of charge.
Article 26 Any child who attends junior high school or above of an active
serviceman may be entitled to tuition exemption or reduction; the
tuition to be exempted or reduced in case of the child attends a
private school may be applied for subsides from the government
according to the procedure to be set forth by Ministry of Education.
Article 27 Upon purchasing or collecting rationed goods of consumer necessities,
the dependents of the active servicemen may be entitled with the
first option.
Article 28 If any active serviceman and his dependents fail to afford holding
marriage and/or funeral ceremonies, the local Public Office or the
conscription association shall provide reasonable supports.
Article 29 If any dependent of the active serviceman is killed by the enemy
during the war, the local government shall give a proper burial to
the deceased and grant a reasonable sum of pension.
Chapter 4 Favors for Reservists
Article 30 Upon considering the successful candidate of newcomer by any
government agency, public school or state-owned business entity,
the candidate who is a reservist and with equivalent qualification
with other candidates shall be registered and employed on top
priority.
Article 31 Government agency, public school or state-owned business entities
shall employ qualified reservist at top priority to undertake the
following job functions that are:1. Applicable to military management
organization and military training and education; or2. Meeting the
professional training background of the reservist.
Article 32 Upon being transferred to take public service by a reservist, the
service years completed in the army by the reservist shall be
incorporated for the purpose of solving the service years of the
reservist in that public service.The solving of the service years
as described in the preceding paragraph shall be made pursuant to
the procedure to be set forth by Executive Yuan jointly with
Examination Yuan.
Article 33 Should any reservist get rusty on his professional technique as a
result of taking the military service shall be allowed an opportunity
of supplementary training for his professional technique upon being
restored to his school or work place or admitted to a school or work
place.
Article 34 If any reservist fails to maintain an affordable life before being
employed, the social administration agency or the conscription
association depending on its financial strength shall grant reasonable
supports to the reservist.
Article 35 Among the applicants for leasing, collecting, developing a parcel of
public land, the applicant reservist when qualified the same with other
applicants shall be entitled to the first option.
Article 36 In the event that any reservist seeks to transfer to take public
service, the examination and employment for the reservist shall be
separately provided by the law.
Article 37 In the event that the any reservist is transferred to take public
service and the employer agency is undergoing a reduced organization
system or reorganization the job for the reservist shall be kept on
top priority.
Article 38 In holding main event of celebration by the central or local
administration, there may be made available the Bench or Honor for
the invitation of the following persons:
1.Those who had made outstanding contribution during their military
services; and
2.Those who had served in the army for two decades or longer.
Chapter 5 Termination of Favors
Article 39 Favors provided in Chapter 3 in the Statute shall be terminated once
the active serviceman is deprived of his service status or is under
warrant of arrest.
Article 40 Once the reservist is deprived of his status as such or is found with
any of the following events, he shall be terminated with those favors
permitted in Chapter 4 of the Statute:
1. Having been convicted for an imprisonment and is serving his term; or
2. Is under warrant of arrest;The favors shall be permanently suspended
for any reservist having committed and convicted for a crime of treason,
invasion or corruption.
Article 41 Any of the dependents entitled with the favors is found with any of the
following events shall be suspended from enjoying those favors:
1. To be deprived of nationality;
2. Having been convicted for an imprisonment and is serving his term;
3. Being under warrant of arrest;
4. Being divorced, married in case of a daughter, or married in case of
a son by taking after the bride’s maiden name; or
5. Becoming an adopted child by other person.
Chapter 6 Special Articles
Article 42 Those favors available for military servicemen who has been duly
discharged and exempted from military service shall be made pursuant
to the procedure to be set forth by Veterans Affairs Commission.
Article 43 If the sequence for all favors permitted under the Statute should be
defined, the sequence shall be made in the following order led by the
active serviceman, dependents of the active serviceman, and the
reservist. In case of same identity, the sequence shall be as follows:
1. Having engaged in combat mission while in service;
2. Having longer service record; and3. Suffering comparatively lower
financial statue of the family.
Article 44 In addition to processing pursuant to Statute of Pension for Military
Servicemen Pension for the matter of the survivals in the family of the
military serviceman holding the pension payment order, Articles 23
through 29 of Chapter 3 of the Statute may be referred to grant those
favors during the effective term of collecting the pension.
Article 45 The Statute shall become operative on and after the day it is published.