:::
 
:::
Search the Site    
Font size
:::
 Filter by post date
2018 (21)
2017 (50)
2016 (30)
2015 (44)
2014 (28)
2013 (64)
2012 (75)
2011 (34)
2010 (14)
 
:::
Laws and Regulations
 Print  Share
Facebook
Twitter
Plurk
2018-04-25
Enforcement Statute for Substitute Services

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 or technical

              work 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) Tribal Service for the Indigenous Peoples.

              (9) Other categories as designated by the Executive Yuan (the Cabinet).

              2. R&D Substitute Services.

              3. Industry Training Substitute Service.

              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 or Industry

              Training Substitute Service 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.

              Where an indigenous person applies for general substitute military

              service pursuant to the provisions of the preceding article, the

              competent authority must respect the willingness of the draftee and

              allow him to serve in the tribal service if he prefers to.

              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;

              a draftee-to-be, who has graduated from a domestic college or university

              or a foreign one that is recognized by the Ministry of Education, and

              received an associate’s degree or above, may apply for Industry Training

              Substitute Service 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 and

              Industry Training Substitute Service shall be determined by the competent

              authorities.


Article 5-2   For the draftees who are drafted for R&D Substitute Services or

              Industry Training Substitute Service 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 fundamental training and specialized training,

              the draftees matriculated through screening to take the R&D Substitute

              Services or Industry Training Substitute Service 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 or Industry Training

              Substitute Service in the first stage shall be governed by this Statute.

              The draftees of the R&D Substitute Services or Industry Training

              Substitute Service 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 or Industry Training Substitute Service 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

              or Industry Training Substitute Service 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 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 or Industry

              Training Substitute Service 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 or Industry Training

              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 or Industry Training Substitute Service in the first

             stage or the second stage shall be granted according to the standards for

             officers, petty officers and standing 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 or Industry Training Substitute

              Service, 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 fundamental training and specialized

              training.

              The 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 and Industry Training Substitute Service, 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 and Industry Training Substitute

              Service 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 or

              Industry Training Substitute Service , 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 or Industry Training Substitute Service 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 or Industry Training Substitute

              Service 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 or Industry Training Substitute

              Service 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 or Industry Training Substitute Servicein 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 senior high schools or higher educational institutions

              Entrance Examinations for Colleges or Higher Education for added

              scores which are applicable mutatis mutandis when he participates in

              senior high schools or higher educational institutions 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, R&D Substitute

              Services and Industry Training Substitute Service 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. But the spouse forfeit the rights if getting

              remarried.

              2. Grandparents, grandchildren, widowed wife and widower. But

              widowed wife and widower forfeit the rights if getting remarried.

              3. Brothers and sisters, but only the minor ones or those majors who

              are not able to make a living due to disabilities.

              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 other agencies or public utilities 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 other agencies or public utilities 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, and medical care 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 or Industry Training Substitute Service 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 or Industry Training Substitute Service 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 or Industry Training Substitute Service, the competent

              authorities may, at the draftee's request or according to their authority,

              rescind his qualification as draftee of R&D Substitute Services or

              Industry Training Substitute Service 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 Paragraph 2 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 or industry training 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.


Article 55-4  If the user organization violates the service management regulations as

              stipulated in the first item of article 18-1 and thus resulting in damage

              to the rights of the draftee, a fine between NTD$50,000 to NTD$500,000 will

              be levied.


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, R&D Substitute Services or Industry

              Training Substitute Service, 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 not be less than

              1/2; the gender ratio for both sexes in the review committee shall not

              fall below 1/3.


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 or Industry Training Substitute Service, pay R&D

              fee or industry training 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 or Industry Training

              Substitute Service 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 or Industry Training Substitute

              Service 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 and industry training 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, R&D

              Substitute Services or Industry Training Substitute Service 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.

 


 
TOPBack to list
 
 
Home
Organization
Interior Affairs(open new website)
Statistics(open new website)
Laws & Regulations
 
   
Latest News
 
Ministry of the Interior. Republic of China(Taiwan)
aplusRepublic of China (Taiwan) Government Entry Point(open new website)
Tel: 1996 Hotline of Interior Affairs(+886-2-8195-8151)
Address: No.5, Xuzhou Rd., Zhongzheng District, Taipei City 10055, Taiwan (R.O.C.)
Best viewed with IE 8.0 or higher at 1024 x 768 resolution.