Chapter 1 General Provisions
Article 1 This Statute is duly enacted in accordance with Article 26 of the
Conscription Law. Any matters insufficiently provided for herein
shall be subject to other laws concerned.
Article 2 The competent authorities in charge of the Statute are the Ministry
of the Interior.To enforce conscription and Substitute Services
related affairs, the Ministry of the Interior shall set up the
Conscription Administration and may set up regional conscription
inspection & training centers to take charge of respective
conscription and Substitute Services related affairs.The
organizational rules for the Conscription Administration,
Ministry of the Interior and may set up regional conscription
inspection & training centers shall be separately enacted by laws.
The municipal, county (city) governments shall, subject to
instruction and supervision by the competent authorities, take charge
of Substitute Services related affairs.
Article 3 The term “Substitute Services” as used herein denotes the male
citizens within the conscription ages shall carry out auxiliary
jobs, public affairs and other social services of the user
organizations; or carry out scientific or industrial research and
development in government agencies, public research organs
(institutions), colleges and universities, administrative juridical
persons or corporate research institutions (hereinafter referred to
as “user organizations”) recognized by the competent authorities.
Article 4 The Substitute Services shall be in the following categories:
1. General Substitute Services:
(1) Police services.
(2) Fire fighting services.
(3) Social services.
(4) Environmental protection services.
(5) Medication services.
(6) Educational services.
(7) Agricultural services.
(8) Other categories as designated by the Executive Yuan (the Cabinet).
2. R&D Substitute Services.
The categories of substitute services, implementation sequence and
number of persons shall be formulated by the competent authorities
and submitted to the Executive Yuan for approval.
Article 5 Beginning on January 1 of the year in which he reaches 18 years of
age, except for applying for R&D Substitute Services in accordance
with the provisions of Article 5-1, a draftee-to-be who conforms to
the qualification for active duty in the physical examination for
conscription may apply for General Substitute Services according to
his own will; who conforms to the qualification for substitute
services, shall be draftee of General Substitute Services.
A draftee-to-be who applies for General Substitute Services may be
entitled to preferential screening in the following screening
sequence if meeting any of the following qualification requirements:
1. Religious, family factors.
2. Having successfully passed state-sponsored examinations and held
licenses in expertise categories set forth in Subparagraph 1,
Paragraph 1 of the preceding article.
3. Having obtained licenses in expertise categories set forth in
Subparagraph 1, Paragraph 1 of the preceding article issued by the
Central Government level competent authorities in charge of target
business.
4. Having possessed educational, professional qualification and
specified training.
The term “educational, professional qualification and specified
training” as used in the preceding paragraph shall be defined by
the competent authorities (i.e., the Ministry of the Interior) in
concert with the user organizations.
Where an applicant proves to be under court trial or to have been
convicted guilty following a crime, the competent authorities (i.e.,
the Ministry of the Interior) may disapprove of his application for
General Substitute Services or restrict the categories of his
Substitute Services. This provision, nevertheless, does not apply
to a juvenile criminal, unintentional offender or a criminal
granted a suspension which has not been revoked.
The regulations governing the qualifications of the General Substitute
Services, procedures, time limit, terms for application, method of
admission and other compliance shall be determined by the competent
authorities.
The date of enforcement for the physical status to draft for the
Substitute Services shall be determined by the Executive Yuan
(the Cabinet).
Article 5-1 Beginning on January 1 of the year in which he reaches 18 years of
age, a draftee-to-be, who conforms to the qualification for active
duty or substitute services in the physical examination for
conscription and has received a master degree or above from a domestic
college or university or a foreign one that is recognized by the
Ministry of Education, may apply for R&D Substitute Services through
screening.
The regulations governing the application and screening procedures,
matriculation methods, training, services, management, turnover of
user organizations and other matters relating to R&D Substitute
Services shall be determined by the competent authorities.
Article 5-2 For the draftees who are drafted for R&D Substitute Services through
screening, the service period is divided into the following three
stages:
1. Stage 1: period for accepting military fundamental training and
specialized training.
2. Stage 2: from the termination of the period of military fundamental
training and specialized training and distribution to user
organization, till the commencing day of service period for Substitute
Service draftees as prescribed in Paragraph 1 of Article 7.
3. Stage 3: from the commencing day of service period for Substitute
Service draftees as prescribed in Paragraph 1 of Article 7, till the
day of expiration of the service period prescribed in Paragraph 2 of
the same article.
Article 5-3 Before attending the military fundamental training and specialized
training, the draftees matriculated through screening to take the R&D
Substitute Services shall sign a contract in writing with the user
organizations, and the contents of the contract shall include their
rights and obligations in the second stage and the third stage.
The user organizations shall submit the contract in writing as
referred to in the preceding paragraph to the competent authorities
for information within ten days after the contract is signed.
Article 6 The males in the conscription age for the Substitute Services
(hereinafter referred to as Substitute Services Draftees-to-be) shall,
after completing the required training, perform the duties as specified
in the laws and ordinances for the respective categories of the
Substitute Services.
Article 6-1 The draftees of the R&D Substitute Services in the first stage shall be
governed by this Statute.
The draftees of the R&D Substitute Services in the second stage shall
not be governed by the Labor Standard Act; their rights and obligations,
unless otherwise prescribed in this Statute, shall be governed by the
regulations on the General Substitute Services.
An employment relationship exists between the draftees of the R&D
Substitute Services in the third stage and the user organizations, and
the matters of labor conditions and insurance shall be handled in
accordance with the provisions of the Labor Standard Act, the Labor
Retirement Pension Statute, and the Labor Insurance Statute, but not
governed by this Statute; the required expenses shall be burdened by
the user organizations.
Chapter 2 Provisions of Services
Article 7 The service period for draftees who apply for the General Substitute
Services with qualification for the Substitute Services or for family
factors is the same as that of active duty; the service period for
draftees who apply for the General Substitute Services with
qualification for active duty is not more than six months longer than
that of active duty.
The service period of draftees who apply for the R&D Substitute Services
is not more than three years longer than that of active duty; a draftee
who fails to complete the service period shall take the General Substitute
Services; as to the service period, expect that the first stage is counted
according to the actual days, the other stages shall be calculated as 1/4
of the actual days to complete the original service. However, if the
service period since distribution to the user organization is less than
one year, this period shall not be calculated.
The male citizens in the age of military services who have finished the
cultivation education of policemen and have not performed the obligation
of military service, are not distributed within three years after
accepting the military fundamental training of the General Substitute
Services or fail to complete the specified service period after
distribution to user organizations, shall complete the due service period
of the General Substitute Services.
The service period of draftees in the General Substitute Services with
qualification for active duty as referred to in Paragraph 1 and the
service period of draftees in the R&D Substitute Services as referred to
in Paragraph 2 shall be reported by the competent authorities to the
Executive Yuan for approval.
For the draftees who have completed the service period of the Substitute
Services, the competent authorities shall produce and issue certificates
on completion of substitute services.
Where a draftee of the R&D Substitute Service completes the prescribed
service period, the service period for the draftees with qualification
for the Substitute Services as prescribed in Paragraph 1 shall be
calculated as the service years; and the left period shall be calculated
as years of working in the user organization.
Article 8 The pay, regional allowance and meal and sub-meal allowances for draftees
of the General Substitute Services and draftees of the R&D Substitute
Services in the first stage or the second stage shall be granted according
to the standards for officers, petty officers and soldiers of voluntary
services in the armed forces; where, the meal and sub-meal allowances may
be adjusted according to the actual price and the expenses for providing
meals; where the draftees are dispatched to a foreign region, foreign
regional allowance of specific grade may be granted with consideration of
the geographical environment, traffic conditions, degree of hardship and
economic conditions of the region.
The regulations governing the aforementioned pay, regional allowance and
meal and sub-meal allowances shall be determined by the competent
authorities.
Article 9 A Substitute Services Draftees-to-be may be deferred in enlistment in case
of disease or major events for which his management in person is
indispensable and shall be duly enlisted as soon as such factor for
deferment ceases to exist.The draftee-to-be shall be subject to be drafted
upon the cause justifying the deferred in enlistment ceases to be.
Article 10 A male citizen in the Substitute Services shall be suspended from the
Substitute Services, known as Substitute Services suspension:
1. Having been diagnosed to have suffered from a disease which tends to
endanger health and security in the group.
2. Having been injured or diseased and thus been rated incompetent for
the Substitute Services.
3. Having been wanted for arrest, under custody, on watch list or
convicted to a jail term, detention which are under execution.
4. Having been under security penalty, compulsory drug rehabilitation,
reformatory penalty or educational penalty in a final decision which are
under execution, but excluding protection custody.
5. Having been absent from Substitute Services [“absence without leave”
(AWOL)] for up to seven days in accumulation.
6. Having been missing for up to three months.
The period of the aforementioned Substitute Services suspension shall be
excluded from the Substitute Services period.
The criteria for Substitute Services suspension set forth in Clauses 1
and 2 of Paragraph 1 shall be determined by the competent authorities.
Article 11 Where the cause of decommissioning is eliminated, except for the
circumstances prescribed in the second paragraph, the draftee shall be
called back and return to the original organization he served to go on
with the services and complete the due service period. However, in case
of callback of the R&D Substitute Services, the competent authorities
may designate the category of service, organization served or user
organization.
In case a male citizen who is suspended from the Substitute Services
under Subparagraphs 1~4 and 6 of Paragraph 1 of the preceding article,
the competent authorities (i.e., the Ministry of the Interior) may
review the case as the actual situation may justify and approve of him
not required to restore the Service. The terms to exempt the restoration
shall be determined by the competent authorities.
Article 12 A male citizen in the Substitute Services who incurs any of the following
may be discharged from the services ahead of schedule:
1. In case of draftees outnumbering the requirements.
2. Where a draftee incurs a major incident in his family for which he
must shoulder the key responsibility to make the living or incurs an
extraordinary incident otherwise as verified by the competent authorities.
The terms and procedures for Clause 1 above shall be reported by he
competent authorities to the Executive Yuan (the Cabinet) before
enforcement. The qualifications, terms and procedures to apply for
termination ahead of schedule as per Clause 2 above shall be determined
by the competent authorities.
Chapter 3 Training Service Management
Article 13 The training is classified as military foundation training and specialized
training.
The military fundamental training referred to in the preceding paragraph
shall be held by the competent authorities jointly with the Ministry of
National Defense; the specialized training shall, in case of the R&D
Substitute Services, be held by the competent authorities; in case of the
General Substitute Services, be held by the demanding organizations.
An applicant for the General Substitute Services due to religious factor
shall receive fundamental training and specialized training programs if
approved. The fundamental training along with specialized training shall
be conducted by the user organization.
Article 14 The user organizations may, as the actual demand may justify, select
outstanding male citizens in the Substitute Services and provide them
with on-the-job training programs before assigning them into the
managerial staff team.
Article 15 Both the competent authorities (i.e., the Ministry of the Interior) and
the user organizations shall establish the databases and management roster
of the male citizens in the Substitute Services to control their
performance and update.
Article 16 The meals of male citizens in the General Substitute Services shall be
provided by the units in charge of training and service; the meals of male
citizens in the R&D Substitute Services in the first stage shall be
provided by the units in charge of training.
For the meals referred to in the preceding paragraph, allowances for meals
and sub-meals may be granted where necessary.
Article 17 The management regulations governing the service registers of male
citizens in the Substitute Services and the management regulations
governing the training and duty of male citizens in General Substitute
Services shall be determined by the competent authorities respectively.
Article 18 The user organizations shall, as the actual demand may justify, draw up
regulations governing male citizens in the General Substitute Services and
submit them to the competent authorities (i.e., the Ministry of the
Interior) for information.
Article 18-1 The user organizations shall, as the actual demand may justify, draw up
service management regulations governing the working time, leave,
vacation, business trip, overtime work, stimulation measures, evaluation
and other matters of male citizens in the R&D Substitute Services, and
submit them to the competent authorities for information; in case that
the service management regulations infringe the regulations referred to
in Paragraph 2
of Article 5-1, the competent authorities shall notify the user
organizations to correct it within a specified time limit.
Under any of the following circumstances regarding a user organization,
the competent authorities may, at the user organization's request or
according to its own authority, transfer the male citizens in the R&D
Substitute Services to other user organizations:
1. Failing to contain the existing draftees due to change or cutting of
plan.
2. Suspension of operation, transfer or shutdown of not less than one
month.
3. Conducting violence or action of severe humiliating or endangering the
health of draftees.
4. Does not pay the R&D fee as set forth in Paragraph 1 of Article 60-1.
5. Where the distributed quota is rescinded by the competent authorities.
6. Other severe circumstances endangering the rights and benefits of
draftees, as the competent authorities deem it necessary to transfer the
draftees to other user organizations.
In case of transfer by the competent authorities at the user
organization's request or according to its own authority as referred to
in the preceding paragraph, the contract between the user organization
and the draftee of R&D Substitute Services shall be terminated, and the
new user organization shall sign a contract in writing with the draftee
and submit it to the competent authorities for examination.
Where a draftee of R&D Substitute Services fails to go on with his service
due to suspension, transfer or shutdown of user organization or other
causes not attributable to the draftee, the service shall be regarded as
uninterrupted; the fees payable by the user organization shall still be
burdened by the original user organization after the contract is
terminated. If the user organization fails to pay the fees due to certain
reasons, the competent authorities shall have the fees paid from the fund
established under Paragraph 2 of Article 60-1 and after payment, seek
compensation from the user organization.
Article 19 The competent authorities (i.e., the Ministry of the Interior) may, in
concert with the user organization, oversee the service units and rate
their performance.
Where a male citizen in the Substitute Services runs into a major
incident, the service unit shall duly report to the user organization and
take countermeasures as appropriate. The user organization shall report
to the competent authorities (i.e., the Ministry of the Interior) within
24 hours.
Chapter 4 Rights and Obligations
Article 20 Unless otherwise provided for in the Statute, a male citizen in the
Substitute Services is entitled to the following rights:
1. Reserving school accreditation in case of a student, reserving the
vacancy and seniority in case of an employee.
2. Being granted official seal of absence when taking part in a
government-sponsored examination.
3. Being granted concession rate for public transportation, admission to
public theaters or such public entertainment facilities.
4. Government subsidy when his family dependent(s) is (are) having
difficulty in family finance.
5. Being granted pension once from the competent authorities after
promulgation of illness, injury, physical or mental disability or death
occurring throughout the service period.
6. Treated as decommissioned military officer or soldier, applying for
placement assistances in accordance with the provisions of the Statute on
the Assistance for Decommissioned Military Officers and Soldiers when he
encounters difficulty in living and needs long-term medical care or
hospice after discharge from the services due to illness, injury or
physical or mental disability caused by official business; the granting
of pension and hospice allowance shall be conducted by the competent
authorities. However, this does not apply to the male citizens in the R&D
Substitute Services in the third stage.
7. The government undertakes the funeral affairs if he dies on duty.
8. His family dependent(s) may be entitled to medication subsidy in line
with the equivalent terms for regular serviceman.
9. Being granted nursing pension from the competent authorities when his
illness or injury has not been recovered upon expiration of service period
and the medical treatment is continued with the approval of the competent
authorities.
The regulations governing the operation procedure, preferential treatment,
subsidy, nursing and other matters related to the rights of citizens in
the Substitute Services as referred to in the preceding paragraph shall
be formulated by the competent authorities and submitted to the Executive
Yuan for approval.
The recognition procedure for the application of placement assistance for
illness, injury or physical or mental disability caused by official
business as referred to in Subparagraph of Paragraph 1 shall be determined
by the competent authorities in concert with the competent authorities in
charge of related affairs.
Article 21 A male citizen having satisfactorily completed the Substitute Services is
entitled to the following privileges:
1. The seniority accumulated in the Substitute Services may be counted
according to law when shifting to civil services.
2. The privilege as set forth in Article 4 of Equivalent Accreditation
Statute Governing Reservists when Shifting to Civil Services in the event
that a male citizen in the Substitute Services participates in the Civil
Servant Examinations after he is injured in line of duty and no longer
competent to the Services.
3. The privilege as set forth in Regulations for Privileges to Retired
Servicemen in Entrance Examinations for Colleges or Higher Education for
added scores which are applicable mutatis mutandis when he participates in
examinations to enter or to transfer to a college or higher education
except the case for a graduate student or post-bachelor student.
Article 22 The dependent(s) of a male citizen in the Substitute Services shall have
the privileges set forth in Clause 4 of Paragraph 1 of Article 20
terminated if meeting any of the following:
1. Where renouncing the Republic of China nationality.
2. Where serving a jail term.
3. Where being wanted for arrest or under search.
4. Where divorcing his/her spouse, where his/her child reaches adulthood
or gets married.
5. Where being adopted as an adopted child.
Article 23 In case a male citizen in the Substitute Services or bereaved family
member holds consolation (relief) order, the provisions set forth in
Clauses 3 and 4 of Paragraph 1 of Article 20 are applicable mutatis
mutandis during the period while the consolation (relief) order remains
valid.
The provisions set forth in the Privilege Statute in Tuition Fees for
Bereaved Family Members of the Government Employees & Armed Forces are
applicable mutatis mutandis to a bereaved family member defined in the
preceding paragraph.
Article 24 The male citizens in the Substitute Services shall be subject to the
following obligations:
1. Oath to pledge loyalty to the Republic of China.
2. Compliance with the laws and ordinances of the government.
3. Non-disclosure obligations on public duties even after discharge from
the Substitute Services.
4. Compliance with the service management regulations and orders
formulated by the competent authorities, demanding organizations, served
organizations and user organizations.
5. No moonlighting or concurrent profit-oriented services throughout the
Substitute Services period.
Article 25 The male citizens in the General Substitute Services or R&D Substitute
Services in the first stage may ask for leave due to marriage, funeral,
disease or other due reasons; the regulations governing the leaves shall
be determined by the competent authorities.
Article 26 (Deleted)
Article 26-1 To leave the country during the service period, a male citizen in the
Substitute Services shall obtain the approval from the competent
authorities; the regulations governing the application and examination
procedures, the times, period and limits of approval, and other related
matters shall be determined by the competent authorities.
Chapter 5 Relief
Article 27 The competent authorities (i.e., the Ministry of the Interior) shall issue
relief order and give relief pay in the event that a male citizen in the
Substitute Services dies or becomes handicapped.The relief pay shall be
granted pursuant to the following:
1. Death relief: Payable to the bereaved family member(s) as the
beneficiary(ies).
2. Handicap relief: Payable to the male citizen in the Substitute Services
himself as the beneficiary.
The right to claim relief pay and the outstanding relief pay set forth
under Paragraph 1 shall not be detained, transferred or used as
collateral.
Article 28 The bereaved family members shall receive relief pay in the following
sequence:
1. Parents, spouse, children and widowed wife of his child: Among them,
the spouse and widowed wife of his child forfeit the rights if getting
remarried.
2. Grandparents and grandchildren.
3. Brothers and sisters, but only the minor ones or those majors who are
incompetent to make a living.
4. Spouse’s parents, spouse’s grandparents, but only when they lack
people obliged to support them.
Where there are several bereaved family members of the same sequence who
fail to come to an accord, the relief pay shall be equally paid to them.
Where a bereaved family member waives or forfeits the relief, the relief
pay may be received by other bereaved family members.
In the event that a male citizen in the Substitute Services has made will
before death to appoint the bereaved family members to receive relief pay,
such will shall govern.
Article 29 Injury, handicap or death are in the following categories:
1. Death in line of duty.
2. Death as a result of disease or accident.
3. Handicap resulting from injury in line of duty.
4. Handicap resulting from disease or accident.
Article 30 Where a male citizen in the Substitute Services is injured in line of duty
and dies within three years from injury, the relief pay shall be granted
equivalent to the criteria for death in line of duty.If he dies beyond
three years from injury, the relief pay shall be granted equivalent to the
criteria for death resulting from disease.
Where a male citizen has been injured in line of duty and dies as a result
of that injury after he is no longer in the status in the Substitute
Services , the relief pay shall be granted in accordance with the
preceding paragraph.
The aforementioned male citizen shall no longer be entitled to the relief
pay upon expiry of five years period from the date on which he is no
longer in the status in the Substitute Services.
Article 31 Where a male citizen in the Substitute Services has been missing and left
his whereabouts unknown for up to one (1) year if missing inland and for
up to six (6) months in full if missing in the sea or in the air, relief
pay shall be granted in the terms equivalent to death in line of duty.
Where a male citizen in the Substitute Services has been missing in
reasons beyond the preceding paragraph and has been promulgated dead by
court, relief pay shall be granted in the terms equivalent to death of
accident.
Provided, however, that the relief is denied whenever the missing draftee
of substitute service is proved having committed criminal act.
The relief order on death shall be revoked for any male citizen taking
substitute service having been completed with the formalities to
collection the relief under the preceding two paragraphs is later found
not dead, and have deserted or returned home without report, the relief
pay shall be retrieved and the male citizen in the Substitute Services
shall be referred to prosecution.
Article 32 Where a male citizen in the Substitute Services dies, relief pay shall be
granted in a lump-sum according to the following. In addition, annual
relief equivalent to five units shall be granted every year:
1. Death in line of duty: 21.875 units. If he is killed while running
into risks while performing duties, 15.625 units shall be granted
additionally.
2. Death in line of disease or accident: 15 units.
Where an aforementioned male citizen in the Substitute Services dies with
extraordinary deeds, additional relief pay equivalent to 30 units shall be
granted in a lump-sum. If he is commended with government order after
death, additional relief pay equivalent to 40 units shall be granted in a
lump-sum.
The annual relief pay shall be granted for the following duration:
1. Death in line of duty: Fifteen (15) years. Five (5) more years shall
be granted if he was killed while running into risks while performing
duties.
2. Death in line of disease or accident: Three (3) years.
The bereaved family members shall be his parents or spouse under Clause
1 of the preceding paragraph, and the parents if he is the only son, and
his spouse if he has no children in case under Clause 2. The annual
relief pay may be granted lifetime.
In case any child(ren) is(are) still a minor when the payment duration
under Clause 3 expires, the pay may be continually granted till the
child(ren) reach(es) adulthood. Or in case any child(ren) is(are) still
studying uninterruptedly at school though as an adult, the pay may be
continually granted till the child(ren) graduate(s) from university.
Article 33 The handicap is classified into the following grades:
1. Grade 1 handicap.
2. Grade 2 handicap.
3. Grade 3 handicap.
4. Critical degree malfunction.
5. Minor degree malfunction.
The aforementioned handicap may be reclassified in case of worsening
condition or repeated injury as verified in the recheck.A male citizen
may apply for recheck of the handicap pursuant to the preceding provision
only within the period where he serves the Substitute Services. In a case
of injury in line of duty as officially accredited who is in worsening
handicap within five years from the date on which he is no longer in the
status in the Substitute Services, the provision of the preceding
paragraph may apply.
The examination criteria for the grades set forth in Paragraph 1 shall be
determined by the competent authorities.
Article 34 Where a male citizen in the Substitute Services becomes injured or
handicapped, annual relief pay shall be granted according to the following
beginning the day when the handicap degree is graded:
1. Handicap in line of duty:
(1) Grade 1 handicap pay is granted lifetime, 4 units annually.
(2) Grade 2 handicap pay is granted for ten years, 3 units annually.
(3) Grade 3 handicap pay is granted for five years, 2 units annually.
(4) Critical degree malfunction is granted for 3 units, payable in a lump
sum; minor degree malfunction is granted for 2 units, payable in a lump
sum. No handicap relief order is issued for either case.
2. Handicap resulting from disease or accident:
(1) Grade 1handicap pay is granted for fifteen years, three units
annually.
(2) Grade 2 handicap pay is granted for eight years, two units annually.
(3) Grade 3 handicap pay is granted in three units payable in a lump sum.
No handicap relief order is issued.
(4) Two (2) units will be granted in a lump sum to the male citizen of
substitute service draftee suffering gravis condition of mechanism
disorder; and one (1) unit in a lump sum, lighter condition of mechanism
disorder.
No relief order will be issued to anyone referred in Item 4 of Clause 1,
Item 3 and 4 of Clause 2 in the preceding paragraph.
Article 35 The unit for relief pay in this Statute is calculated at twice the amount
of the base salary of a voluntary serviceman in the rank of sergeant first
class.
The units of annual relief pay shall be entitled to adjustment in line
with the base salary of a voluntary serviceman in the rank of sergeant
first class.
Article 36 A beneficiary shall forfeit the relief pay if:
1. Renouncing of forfeiting the Republic of China nationality.
2. Receiving a final, irrevocable court judgment with jail term following
commission of sedition, internal disorders after the Period of
Communication Rebellion was announced terminated.
3. Deprived of civil rights for life.
4. Deceased.
5. His widow or widowed wife of his son remarries.
6. He proves still living with certificate in case of relief pay granted
for his missing.
Article 37 A relief pay beneficiary shall have his/her right to receive relief pay
terminated if he/she is deprived of civil right or is wanted for arrest
which shall not be restored until the cause ceases to exist.
Article 38 The right to claim for relief or for relief pay shall cease to exist if
not exercised within five years from the day when the right becomes
claimable. If such right is not exercised due to force majeure, the
prescription shall be discontinued. In case of discontinuation, the
prescription shall be calculated afresh after the cause of discontinuation
ceases to exist.
Article 39 The operating procedures for relief for male citizens in the Substitute
Services, range of application to handicap and funeral allowance for the
male citizens in the Substitute Services shall be proposed by the
competent authorities (i.e., the Ministry of the Interior) and approved
by the Executive Yuan (the Cabinet).
Chapter 6 Insurance
Article 40 All male citizens in the Substitute Services shall be insured for National
Health Insurance, male citizens in the Substitute Services oriented
General Insurance and Collective Insurance against Accident Risks.
Where a male citizen in the Substitute Services serves abroad, the user
organization shall have him insured overseas medical care insurance as the
actual demand may justify and, as necessary, war-risk insurance.
Article 41 The business for male citizens in the Substitute Services oriented
insurance is classified as follows:
1. National Health Insurance: To be handled by the National Health
Insurance Bureau in accordance with the National Health Insurance Law.
2. Male citizens in the Substitute Services oriented general insurance: To
be handled by the Central Trust of China as commissioned by the competent
authorities.
3. Collective insurance against accident risks: Through open tender by the
competent authorities. The contents and regulations for the insurance
shall be determined by the competent authorities.
4. Overseas medical care insurance and war-risk insurance: The user
organization shall enact the contents of insurance based as the actual
demand and medical service level in the foreign country may justify and
the regulations concerned.
Article 42 The premium for male citizens in the Substitute Services oriented general
insurance shall be calculated on the grounds of the Insured’s insurance
amount units and insurance premium rate (1~3% in rate), payable on a
monthly basis.
For handling fee payable to the Central Trust of China for insurance
commissioned by the competent authorities, the competent authorities
(i.e., the Ministry of the Interior) shall budget regular fund.
The premium rates, amount of insurance units and rate of handling fee in
the two preceding paragraphs shall be proposed by the competent
authorities (i.e., the Ministry of the Interior) and approved by the
Executive Yuan (the Cabinet).
Any matters insufficiently provided for herein shall be subject to
provisions governing insurance for regular servicemen.
Article 43 The insurance benefits for the male citizens in the Substitute Services
oriented general insurance include death benefit and handicap benefit both
of which shall be calculated on the grounds of the amount of insurance
unit prevalent in the month in which the insured runs into the incident.
The deficiency for the aforementioned insurance benefits, if any, shall be
made good by the national treasury.
Article 44 Terms for death benefits of the male citizens in the Substitute Services
oriented general insurance are as follows:
1. Death in line of duty: 42 payment units.
2. Death resulting from disease, accident: 36 payment units.
Article 45 Terms for handicap benefits of the male citizens in the Substitute
Services oriented general insurance are as follows:
1. Death in line of duty:
(1) Grade 1 handicap: 36 payment units
(2) Grade 2 handicap: 24 payment units
(3) Grade 3 handicap: 16 payment units
(4) Critical degree malfunction: 8 payment units.
2. Death resulting from disease,
(1) Grade 1 handicap: 30 payment units
(2) Grade 2 handicap: 20 payment units
(3) Grade 3 handicap: 12 payment units
(4) Critical degree malfunction: 6 payment units.
Article 46 An insured of a male citizen in the Substitute Services oriented general
insurance forfeits the insurance benefit if:
1. Executed in death penalty following commission of a crime.
2. Receiving a final, irrevocable court judgment with jail term following
commission of sedition, internal disorders after the Period of
Communication Rebellion was announced terminated.
Article 47 A beneficiary of an insured of a male citizen in the Substitute Services
oriented general insurance forfeits the insurance benefit if:
1. Forfeiting or renouncing the Republic of China nationality.
2. Receiving a final, irrevocable court judgment with jail term following
commission of sedition, internal disorders after the Period of
Communication Rebellion was announced terminated.
3. Having willfully caused death to the insured.
4. Having failed to exercise the right to receive payment within five yeas
from the day when the benefit becomes payable.
Article 48 The right to claim male citizen in the Substitute Services oriented
general insurance benefit shall not be detained, transferred or used as
collateral.
Article 49 Except collective insurance against accident risk, all insurance benefits,
insurance contract, accounting books, papers and business revenues and
expenditures under this Statute shall be free of tax.
Article 50 For various insurance premiums for male citizens in the Substitute
Services, the competent authorities (i.e., the Ministry of the Interior)
shall budget regular funds. For overseas medical care insurance and
war-risk insurance, the user organizations shall budget regular funds
for payment.
Article 51 The operating procedures for relief for male citizens in the Substitute
Services, judgment of death, handicap, payment and claim for benefits
shall be proposed by the competent authorities (i.e., the Ministry of the
Interior) and approved by the Executive Yuan (the Cabinet).
Chapter 7 Penalty Clauses
Article 52 A male citizen in the Substitute Services who fails to serve the
Substitute Services as assigned or is “absence without leave” (AWOL)
for up to seven days in accumulation shall be subject to a jail term up
to two years maximum, detention or, in addition thereto or in lieu
thereof, a fine up to NT$200,000 maximum may be imposed.
Article 53 A male citizen in the General Substitute Services or R&D Substitute
Services in the first stage who defies superior order shall be subject to
a jail term up to one year maximum, detention or, in addition thereto or
in lieu thereof, a fine up to NT$100,000 maximum may be imposed.
Article 54 A male citizen subject to terms of regular serviceman who serves in false
guise for religious factor shall be subject to a jail term up to two years
maximum.
Article 55 Where a draftee of General Substitute Services or a draftee of R&D
Substitute Services in the first stage infringes the management
regulations on living, training and duty, punishment standing,
punishment duty, confinement, reprimand, demerit, salary deduction or
reformatory education may be imposed
according to the severity of actual circumstance.
Punishment standing shall be limited to two hours every time, and a
break of ten minutes shall be provided every fifty minutes. However, it
shall be implemented during the period of training and reformatory
education only.
The penalty as to serve duty shall be limited to two hours maximum on a
regular day and eight hours maximum on a non-working day.
The penalty as to be banned from exit shall only be imposed on a
non-working day and be limited to two days maximum in each penalty.
The penalty of reprimand or demerit shall be imposed in writing. Three
reprimands accumulated shall be counted as one demerit, three demerits
accumulated shall be subject to penalty in salary deduction and be may
accompanied with reformatory education.
Penalty in salary deduction may range from 10% to 30% and shall be limited
to three months in maximum.
The reformatory education shall be imposed by the competent authorities
(i.e., the Ministry of the Interior) in concert with other authorities
concerned. The regulations governing such reformatory education shall be
enacted by the competent authorities.
The penalties as to stand, serve duty, be banned from exit and demerit
shall be imposed by the duty-service and training units. The penalties of
salary deduction and reformatory education shall be proposed and submitted
by the duty service unit and approved by the user organizations and shall
be submitted to the competent authorities (i.e., the Ministry of the
Interior) for information within one week.
Article 55-1 A draftee-to- be who meets any of the following in an attempt to evade the
enlistment of Substitute Services shall be subject to a jail term up to
five years maximum:
1. Having fabricated a cause to evade or defer enlistment.
2. Having damaged himself bodily or changed his physical status in other
means.
3. Having failed to take the initiative to declare within forty-five days
from the time when the cause for deferred enlistment ceases to exist.
4. Having refused to accept enlistment.
5. Having been up to five days behind schedule to report for enlistment.
6. Having arranged a dummy to report for enlistment on his behalf.
7. Having acted as a dummy or recommended another to act as a dummy for
enlistment.
8. Having left the country without a permit.
9. Having failed to return as scheduled after being approved to leave the
country and still failed to return after being reminded with notice.
One who is in repeated offense twice or more times in having arranged a
dummy to report for enlistment on his behalf as per Clause 6 of the
preceding paragraph, or having acted as a dummy or recommended another to
act as a dummy for enlistment under Clause 7 shall be subject to an
increase of two-thirds of majority in addition to regular penalty.
Article 55-2 Under any of the following circumstances regarding a draftee of R&D
Substitute Services, the competent authorities may, at the draftee's
request or according to their authority, rescind his qualification as
draftee of R&D Substitute Services and require him to complete the service
period of General Substitute Services:
1. Where the draftee conducts violence to or severely humiliates the
managerial personnel of the user organization.
2. Where the draftee severely violates the managerial regulations on the
service.
3. Where the draftee wastes goods or disclose confidential data by
intention, resulting in losses to the user organization.
4. Where the draftee operates business in which the user organization is
engaged.
5. Other circumstances resulting in damages to the rights and benefits of
the user organization, deemed as severe by the competent authorities.
Article 55-3 The competent authorities may perform supervision and evaluation over the
user organizations.
Under any of the following circumstances regarding a user organization,
the competent authorities shall correct the misconduct and set a time
limit for improvement. In case that improvement is not seen within the
specified time limit, the competent authorities may rescind the quota
distributed to the user organization, limit the quota of application or
prohibit it from filing application in a certain period:
1. Where it does not sign a contract in writing and submit it to the
competent authorities for examination in accordance with the provisions of
Article 5-3.
2. Where it does not formulate management regulations on the service and
submit to the competent authorities for examination in accordance with the
provisions of Article 18-1.
3. Where it conducts violence, severely humiliates or endangers the health
of the draftees as prescribed in Subparagraph 3, Paragraph 2 of Article
18-1.
4. Where it does not pay R&D fee in accordance with the provisions of
Paragraph 1 of Article 60-1.
5. Where any circumstance occurs resulting in severe infringement of the
rights and benefits of draftees.
In case of any of the circumstances prescribed in the subparagraphs of the
preceding paragraph, damaging the rights and benefits of the draftees of
R&D Substitute Services, the user organization shall burden the liability
of compensation.
Chapter 8 Bylaws
Article 56 The competent authorities may invite representatives of civil
associations, scholars and experts to conduct the examination of annual
implementation plan of General or R&D Substitute Services, applications
regarding religious beliefs, categories of restriction of Substitute
Services, cases of severe infringement of draftees' rights and benefits,
and other important cases in dispute.
The proportion of the representatives of civil associations, scholars and
experts as referred to in the preceding paragraph must be not less than
1/2 of the total number.
Article 57 A male citizen in the Substitute Services and a person concerned having
achieved significant deed will be awarded with medal, commendation badges
or incentives in other means.
The details of the targets, categories, modes, procedures for application
and remedies and other regulations concerned as set forth in the preceding
paragraph and Article 55 shall be proposed by the competent authorities
(i.e., the Ministry of the Interior) and approved by the Executive Yuan
(the Cabinet).
Article 58 The draftees-to-be who serve police services under this Statute may use
police facilities as necessary while performing duties. The regulations
of such use shall be determined by the competent authorities.
Article 59 The male citizens in the Substitute Services having completed the required
Substitute Services shall be covered in duty organization on the grounds
of the categories of services, expertise, physical grading for routine
training in peacetime and shall be called into service of duties in
wartime. The scope, number of citizens, organization and enforcement
rules shall be determined by the competent authorities (i.e., the Ministry
of the Interior) in concert with the Ministry of National Defense.
The male citizens in the Substitute Services shall be subject to the same
rights and obligations when called into the services mentioned in the
preceding paragraph as they are in the Substitute Services. The expenses
incurred by the called services shall be budgeted by the user
organizations or the service units.
Article 60 For the funds required by implementing substitute services, the competent
authorities and related agencies (institutions) shall compile budgets
according to the laws and regulations on budgeting for the matters they
should handle respectively as prescribed in this Statute.
Article 60-1 The user organizations shall, during the second-stage service period of
R&D Substitute Services, pay R&D fee to the competent authorities monthly
for the purposes prescribed in the following subparagraphs:
1. Expenditures for the salary, main and supplementary food, accommodation
and traffic allowance, insurance, pension and related rights and benefits
of R&D Substitute Services draftees in the first-stage and second-stage
service periods.
2. Expenditures for holding military fundamental training and specialized
training for R&D Substitute Services draftees.
3. Administrative and managerial expenditures for handling the
applications of user organizations or draftees, qualification examination,
service supervision, and implementation of personnel interview and
inspection systems.
4. Expenditures for attracting and rewarding R&D substitute services
draftees.
5. Expenditures on the management of fund and general affairs.
6. Other expenditures on matters related to R&D Substitute Services.
The competent authorities shall establish fund and compile budgets of
subordinate units to handle the matters prescribed in the preceding
paragraph.
The payment standards of R&D fee as referred to in Paragraph 1 shall be
determined by the competent authorities.
Article 60-2 The provisions on the matters that should be conducted by the demanding
organizations or organizations the draftees served as set forth in Article
15, Paragraph 2 of Article 19, Paragraph 2 of Article 40, Paragraph 4 of
Article 41 and Article 50 shall apply mutatis mutandis to user
organizations.
Article 61 The target draftees under this Statute shall be draftees-to-be born
in/after the year 1981.
The draftees-to-bee born after 1980 who have the obligation to take
military services may apply for General Substitute Services or R&D
Substitute Services in accordance with the provisions of Article 5 and
Article 5-1.
Article 62 The Enforcement Rules of this Statute shall be enacted by the competent
authorities (i.e., the Ministry of the Interior).
Article 63 The date for enforcement of this Statute shall be promulgated by the
Executive Yuan (the Cabinet).The Statute as updated on June 3, 2003 shall
come into enforcement on the date of promulgation.