Article 1 These Regulations have been incorporated pursuant to
Paragraph 4 of Article 48 of Enforcement Regulations for
Conscription Law.
Article 2 These Regulations and applicable laws of entrance and exit
shall govern the application for exit filed by any male
citizen of conscription age (the Draftee) but having not
yet performed his obligatory military service since the
first (1st) day of January of the year immediately
following his full age of eighteen (18) until the
thirty-first (31st) day of December of the year reaching
the age of thirty-six (36).
Article 3 The exit referred to in these Regulations shall mean the
departure from the Taiwan area.
The Taiwan Area referred to in the preceding paragraph
herein shall mean that as defined in Article 2 of Statute
of Relation between People from the Taiwan Area and
People from the Mainland China area.
Article 4 The application for exit filed by a draftee shall be
approved: Providing, however, that:
1. The period approved for the exit of a draftee shall not
be longer than two (2) years if the draftee is a student
who has applied for the exit on the grounds of studying
courses with a bachelor, master or doctor degree granted
under cooperation between domestic and foreign
universities. The period approved for exit shall be based
on each program and the returning deadline shall not
exceed the deadline of deferred conscription for domestic
study.
2. A draftee who receives a gold metal or first prize by
representing the country as a contestant in International
Mathematical Olympiad (excluding Asia physics,
Asia-Pacific mathematics and international science for
junior high students) or US International Science &
Engineering Fair and is recommended by the Ministry of
Education for study overseas may exit for the study
period. The age of attending school shall not exceed
thirty (30).
3. The period approved for the exit of a draftee shall
not be longer than one (1) year if the draftee is a
student who has applied for the exit on the grounds of
taking a research project, foreign studies, performance,
visit, competition event, training or field practice as
assigned or recommended. In addition, the return deadline
shall not exceed the deadline of deferred conscription.
To apply for exit on the grounds of taking a research
project or foreign studies, it will be subject to twice
for each program.
4. The period approved for the exit of a draftee shall not
be longer than six (6) months if the draftee, though not a
student, has applied to exit on the grounds of
representing the nation to give a performance or to
participate in a competition as assigned or recommended.
5. Any draftee applying for studying in a foreign country
is required to be admitted by a school,including of Hong
Kong and Macao.
6. Any draftee applying for studying in Mainland China is
required to be admitted by an accredited university and
department recognized by the Ministry of Education of
Taiwan.
7. The period approved for the exit of a draftee shall not
be longer than four(4) months if the draftee has applied
for the exit on grounds other than those described in the
preceding 6 Clauses.
Those exit conditions described in the preceding Clauses 1
to 4 and Clause 7 shall be also applicable to any draftee
who has applied to exit to enter into the Mainland China
area.
However, those conditions described in Clauses 1 and 2 of
the preceding Article shall only be applicable to any
draftee who is now studying in the Mainland China area at
a duly accredited university and department recognized by
the Ministry of Education of Taiwan.
Any draftee applying for studying abroad under Clause 5 in
Paragraph 1 or Clause 6 in Paragraph 1, the limitations of
degree and age are referred to the regulations of Clause 5
in Paragraph 1.
Article 5 Any draftee who has departed from Taiwan or is approved
for exit under Clause 5 in Paragraph 1 of the preceding
Article, after reaching the age of conscription and will
be studying abroad after the following January 1st, when
meeting the following conditions, draftee will be required
to file an application for a re-exit with a submission of
a notarized certificate of study to the National
Immigration Agency, Ministry of the Interior (hereinafter
the Immigration Agency). Each stay shall not be longer
than three (3) months:
1. Has a high school degree in an academic institute
accredited by the regulating authorities of education of
that country.
2. The ceiling age for overseas study for a bachelor’s
degree is twenty-four (24) years old; a master’s degree
is twenty-seven (27) years old; and thirty (30) years old
for a doctorate degree. However, under the following
conditions, the ceiling age can be extended. First, if a
college which a draftee is pursuing his bachelor’s degree
adopts an education system longer than four (4) years,
the ceiling age may be extended for one (1) year or more,
accordingly. Secondly, if a draftee pursues his master’s
and/or doctorate degrees right after his previous study,
the ceiling age will be extended according to the new
degree. Extension for pursuing a doctorate degree will not
be later than thirty-three (33) years old in any case.
Finally, the last day of a year for the ceiling age
limitation is the December 31st.
In the event that the stay in Taiwan by the draftee taking
foreign studies as described in the preceding
subparagraphs has expired and an extension for exit is
desired, the draftee may file an application for the
extension with the Immigration Agency pursuant to the
following requirements and in no case may the extension
applied for be longer than three(3) months:
1. If the draftee suffers from a serious illness, is a
victim of a disaster or accident resulted form force de
majeure, a certificate of diagnosis executed by the
attending hospital and related documents shall be also
submitted together with the application for extension.
2. If the extension application is filed at a time that
the school that the draftee attends is still in the course
of a holiday or vacation, a notarized document executed by
the school to certify the fact of the holiday/vacation
shall be submitted together with the application form.
The preceding two Clauses shall be applicable to any
draftee who has departed from Taiwan for studying in Hong
Kong or Macao after the January 1st of the conscription
year, and also to any draftee approved for exit under the
Clause 5 in Paragraph 1 of the preceding Article.
Exit conditions described in the preceding Paragraphs 1
and 2 of the article shall be applicable to any draftee
who either has departed from Taiwan before conscription
age or approved for exit under Clause 6 in Paragraph 1
of the preceding Article to study at an accredited school
and department in Mainland China recognized by the
Ministry of Education of Taiwan for a bachelor’s,
master’s or doctorate degree after the January 1st of
the conscription year. In addition, the preceding
Paragraphs 1 and 2 shall become applicable for a child
of a Taiwanese businessman or an employee in a Taiwanese
corporation in Mainland China, who either has departed
from Taiwan before conscription age or been approved to
study at an accredited school and department in Mainland
China recognized by the Ministry of Education of Taiwan
for a bachelor’s, master’s or doctorate degree after
the January 1st of the conscription year. However, for
a re-exit after reaching conscription age, a draftee is
required to submit a proof of parents’employment
working in Mainland China with his application.
Article 6 Any draftee has departed and not yet returned to Taiwan is
prevented from contracting any other person to file the
application for re-exit for the draftee; for the purpose
of computation of the time of exit and entrance of the
draftee, it shall commence from the next day immediately
following the exit and entrance.
Article 7 According to Clauses 1 and 3 in Paragraph 1 of Article 4,
to apply for an exit for a student who is currently
studying in a domestic university, the domestic school
shall prepare a formal document and submit it to the local
government at where the student household registration is
maintained for approval. In addition, according to Clause
2 in Paragraph 1 of Article 4, draftee who is recommended
by the Ministry of Education to study abroad shall
personally submit related documents to his local
government for approval. Moreover, according to Clause 4
in Paragraph 1 of Article 4, a draftee who is applying for
exit and currently not studying at any academic
institution shall personally submit related documents to
his local government for approval.
The application for exit filed by a draftee as referred to
in Clause 5 and 6 of Paragraph 1 of Article 4 shall be
filed with the Immigration Agency for approval through
related certificate applied by the draftee. The
application for exit filed by a draftee as referred to in
Clause 7 of Paragraph 1 of Article 4 shall be filed with
the local Public Office of a Hsiang (including Town, City,
or District) at where the household registration of the
draftee is maintained for approval: Provided, however,
that if a deferred conscription has been approved for a
student draftee, the approval for exit may be approved by
the Immigration Agency according to the deferred
conscription information approved by the local government
at where the household registration of the draftee is
maintained.
The application for exit of any draftee referred to in the
preceding paragraph, not of a student status and working
on a pelagic fishery ship, shall be submitted together
with a letter of guarantee executed by the ship owner and
certified by the local fishery association at where the
household registration of the draftee is maintained; or
the application form shall be filed by the sponsoring
training unit if the draftee is participating in a
professional training program sponsored by regulating
authorities of the government on sea navigation, engine
operation, telecommunication, fishery, processing,
manufacturing or refrigeration and a probation boarding
a pelagic fishing ship is required.
The pelagic fishing ship as referred to in the preceding
paragraph is related to a ship, which has a tonnage not
less than one hundred (100) tons and has been approved
by the fishery regulating authorities to engage in
external fishing cooperation or to have operated on an
overseas base.
Article 8 If upon the expiry of the term of exit, the draftee is
prevented from returning to Taiwan area due to serious
illness, hazard or any other special accident of force de
majeure and an extension for the return is required, an
application for an extension of return together with a
notarized diagnosis certificate executed by a local
hospital and related support documents shall be submitted
to the local Public Office where the household
registration of the draftee is maintained to be approved
by the local government in care of the Public Office. Up
to two (2) months will be approved for each extension,
and a renewal of application submitted together with a
certificate of the latest diagnosis and support documents
are required if upon the expiry of the extension the
cause to prevent the draftee from returning to Taiwan
still exists.
Any son to a diplomat residing overseas, or any son who is
a student having departed from Taiwan together with either
of his parents may file the application for an extended
return to Taiwan for a term of up to three (3) years for
each extension by submitting a notarized certificate of
study with the local government at where his household
registration is maintained; Article 5 shall become
operative in terms of age of attending school, term of
stay in Taiwan, and extended exit. Provisions set forth
in this paragraph are also applicable to sons of diplomats
residing in Hong Kong or Macao.
In the event that any draftee working on a pelagic fishing
ship is prevented from returning to Taiwan as scheduled
and an extension is required, the ship owner shall submit
related documents and execute a letter of guarantee
certified by the fishery association of the jurisdiction
to apply for an extended return to Taiwan for a term of up
to the deadline of the phase specified in the conscription
order with the Public Office at where the household
registration of the draftee is maintained to seek approval
from the local government in care of the Public Office,
provided, however, that the term of extension applied for
shall never be over the thirty-first day of December of
the year the draftee turns his full age of twenty-four
(24).
Article 9 Any draftee found with any of the following events is
restricted from departing from Taiwan area:
1. He is already listed in a specific phase of
conscription;
2. He has been notified to take the conscription
examination;
3. He, as a returning Overseas Chinese is obligated to
perform military service as provided in Conscription
Regulations for Naturalized Aliens & Returning Overseas
Chinese;
4. He is restricted from departure according to
Conscription Law and any other applicable laws and
regulations;
Any draftee referred to in Clauses 1 through 3 of the
preceding paragraph desiring to depart from Taiwan for the
occasion that his direct blood, or spouse overseas is
dying or deceased may file the application for exit
submitted together with notarized support documents with
the local government for approval, and the term of exit
when approved shall not be longer than thirty (30) days.
The restriction shall be lifted for any draftee referred
to in Clause 2 of Paragraph 1 who has completed the
conscription examination. The restriction shall be lifted
for any draftee referred to in Clause 3 of Paragraph 1
who has completed the conscription obligation.
For a draftee who has an event described in Clause 4 of
Paragraph 1, the judicial, military institute or the
regulating authorities at the central level shall serve
an official act to the Immigration Agency for handling.
Article 10 The application for exit filed in the then current year or
the next year immediately followed by any draftee who
fails to return to Taiwan before the expiry of the term
specified for the exit will be denied.
If the draftee referred to in the preceding paragraph exit
in case of any of his direct blood, or spouse living
overseas is dying or deceased, Paragraph 2 of Article 9
shall prevail.
Article 11 For the documents required by Clauses 5, 8 and 9; if the
documents are prepared and issued from a foreign country,
Hong Kong or Macao, they are required to be certified by
an ROC embassy, consulate, representative office, or other
agencies in Hong Kong or Macao that are founded or
contracted with and appointed by the Executive Yuan of the
Republic of China. If prepared and issued from Mainland
China, the documents shall be certified by the agencies
founded or contracted with and appointed by the Executive
Yuan of the Republic of China. In addition, if documents
are written in a foreign language, they shall be
translated and certified by any of the agencies mentioned
above.
Article 12 Unless provided with the prior approval from MOI, no
additional visa for the status of Overseas Chinese shall
be operated on any passport already operated with the chop
reading “Conscription Obligation Pending”.
Article 13 All the regulating authorities shall coordinate to process
the application for exit by a draftee according to the
following requirements:
1. Bureau of Consular Affairs, Ministry of Foreign Affairs
(hereinafter the Consular Affairs): to operate the chop
reading “Conscription Obligation Pending” on the final
page of the passport issued to the draftee.
2. Immigration Agency:
(1) To approve the exit of any draftee qualified with the
exit requirements and to operate the chop reading
“Conscription Obligation Pending” on the last page of the
passport if not previously operated by MOFA and notify
Consular Affairs via formal letter.
(2) To print out a daily communication list of the
information on the entrance and exit records of the
draftee approved for exit, and report the same to the
household and conscription information system.
(3) To notify the local government concerned whether any
draftee approved for exit has not yet returned upon the
expiry date of the term approved for the exit.
3. Local Government:
(1) To notify the Public Office to demand the principal,
the head of the household or the family of the draftee
that the draftee has not yet returned to Taiwan area
according to the list produced and delivered by the
school, or as notified by the Immigration Agency.
(2) For any draftee though having been served with the
demand and not yet returned to Taiwan area or
conscription, the conscription agency shall verify the
facts and submit support documents to refer the draftee
to the law pursuant to Regulations of Disposition of
Interference with Conscription.
(3) To approve the exit of any draftee qualified with
the exit requirements and to operate the chop reading
“Conscription Obligation Pending” on the last page of
the passport if not previously operated by MOFA and
notice Consular Affairs via formal letter.
(4) To supervise and assist Public Office with the work
of processing exit applications, follow-up number
checking, calculation, and recruiting after draftees
return.
4. Public Office:
(1) To notify the principal, the head of the household
or the family of the draftee that the draftee has not yet
returned to Taiwan area, via formal letter. The notice
period shall be six (6) months.
(2) To investigate into the cause of the absence of duly
processing the conscription formalities due to the
failure of the draftee having departed from Taiwan and
later re-entering into Taiwan after the exit to complete
the household registration as required, and then refer
the matter to the local government to refer the failure
of the draftee to the law if the offense against the
Regulations of Disposition of Interference with
Conscription is found by said Public Office..
(3) To approve the exit of any draftee qualified with
the exit requirements and to operate the chop reading
“Conscription Obligation Pending” on the last page of
the passport if not previously operated by MOFA and
notify Consular Affairs via formal letter.
(4) If a draftee fails to meet the requirements of a
degree or age of a study, the Public Office shall
immediately notify the draftee and arrange him back into
the recruiting system. After the notification, if a
draftee fails to accept the military recruitment, the
Public Office shall report to local government for
ruling. If a draftee is found violating Military Service
Act, he will be taken to court.
For any student approved of deferred conscription when
having suspended his studies, dropped out of the school
or terminated his student status, the school having
suspended, rejected, or terminated the studies of the
draftee shall notify the local government at where the
household registration of the draftee is maintained
within thirty (30) days upon separation of the student
from the school, to revoke its approval for a deferred
conscription granted to the draftee pursuant to the
Enforcement Regulations of Exemption, Restriction,
Deferred Calling and Deferred Conscription.
Article 14 Any draftee having maintained his household registration
in Taiwan area , and at the same time having the status
of double nationalities, should enter into and depart
from Taiwan area by presenting his ROC passport; any
draftee entering into Taiwan by presenting a foreign
passport and is duly subject to conscription shall be
restricted from departing from Taiwan are until
completion of his conscription obligation.
Article 15 If and when by the national defense and military
purposes, MOD may jointly with MOI seek the approval
from the Executive Yuan to suspend accepting all or any
part of the applications for exit filed by draftees.
Article 16 These Regulations are not applicable to the application
for entrance or exit filed by any draftee who is duly
exempted from or restricted from taking military service,
or who is a national guard already completing or pending
the training, or a replacement.
Any draftee who is a naturalized alien, overseas Chinese,
or coming from the Mainland China area, Hong Kong, or
Macao and not yet required to be subject to the
conscription process according to the law applying for
exit shall submit support documents to file for the
approval with the Entrance & Exit Administration.
Article 17 For any male citizen who had departed from Taiwan before
reaching his conscription age and is now studying at a
duly accredited school overseas before the enactment of
these Regulations as amended on June 26, 1988 and has
returned to Taiwan area after having reached his
conscription age and is applying for a re-exit, shall
submit together with the application form a notarized
certificate of study executed by a duly accredited school
without being subject to the limits set forth in Clause 1
of Paragraph 1 of Article 5 as amended also on June 26,
1988 on taking a bachelor’s, master’s or doctor’s
degree.
Article 18 These Regulations shall become operative on and after the
day they are published.