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2018-06-28
Enforcement Regulations for Draft Exemption, Restriction, Deferred Call & Draft

Chapter 1 General Articles


Article 1

These Regulations have been incorporated pursuant to Article 41

of Bylaws of Conscription Law.


Article 2

All men reaching conscription age who should be drafted to regular

service during active service and  military training or substitute

service (hereinafter to be referred to as the draftee), reservists

and replacements may be duly subject to deferred call or draft

shall be called and drafted if and when as deemed necessarily by

Ministry of Defense (MOD) and provided with the approval from

Executive Yuan to entirely or partially suspend accepting all the

deferred call and draft depending on the order of conscription age

or the rating of the nature of academic institutes after the

results of coordination among MOD, Ministry of Interior (MOI) and

all agencies involved have been reported to Executive Yuan.

The call or draft may be carried out during summer vacation or

winter vacation for the students with deferred call or draft

revoked.


Article 3

If a draftee were to be sentenced with imprisonment, the judiciary

shall notify the conscription unit within the draftee’s registered

residency for status change. The judiciary must also notify the

conscription unit should the draftee receives a pardon, reduced

sentence, parole, sentence exemption, or sentence expiration.


Chapter 2 Exemption from Conscription


Article 4

When rated for his grade of physical condition as exemption from

conscription examination by the city/county government, the

draftee shall be duly exempted from taking military service.


Article 5

Any draftee having not yet perform his conscription obligation is

justified for cause of exemption of military service as determined

in conscription physical examination, the draftee shall apply for

changed rating of physical condition pursuant to conscription

regulations; the same shall  apply to the case of any reservist

draftee of substitute services.


Article 6

If any cause of exemption from military service happens to any

reservist or replacement, he shall complete an application form

submitted together with a certificate of diagnosis issued by a

medical institute to the originator unit of MOD in care of local

public office (of Town, City, or District) where his household

registration is maintained. The submittals then will be sent to

a national army hospital for verification.

Upon answering the call, any reservist showing significant

disabled or sick condition and is determined not competent for

taking military service by a military medical officer, the

medical officer will execute to the reservist a certificate of

incompetence. The MOD originator unit then submits a list to

the army hospital for review; and if the results of review

indicate that the reservist is qualified for the exemption,

the army hospital will report it to the authorities for official

approval accordingly.


Article 7

In the event that any in-service found with the cause may be

justified for exemption of military service when verified as

true and correct by an army hospital, the service unit of the

in-service shall first suspend his service before transferring

the case to the originator unit of MOD at where the household

registration of the in-service is maintained to seek the official

approval of the exemption.

For any draftee serving the substitute service found with the

cause may be justified for exemption of the service when verified

as true and correct by a review hospital, MOI shall suspend his

service as authorized and notify the suspension to all units

concerned while the local government shall carry out the official

approval of the exemption accordingly.


Article 8

In the event that the class of physical condition of a draftee is

determined as qualified of exemption of military service and the

determination is later overruled according to the results of a

review hospital, the exemption shall be revoked by the original

unit having made the determination while drafting (calling) the

draftee to perform the military service depending on the class

of physical condition newly determined.


Chapter 3 Restriction of Service


Article 9

If a draftee is found to be prohibited from military service pursuant

to Clause 1, Paragraph 1, Article 5 of Conscription Act, the judiciary

shall notify the government unit within the draftee’s registered

residency within 45 days for proper handling.

The city/county government shall act lawfully based on the notice

from the judiciary/military court and properly handle draftees

prohibited from military service pursuant to Clause 2, Paragraph 1,

Article 5 of Conscription Act

In either of the cases as mentioned in the preceding paragraphs, an

application shall be submitted by the draftee or the head of his

household to the township/city office by bringing the verdict,

command instructions for execution or certificate of release to the

city/county government for legal handling. If no such application is

made, the draftee’s township/city office may refer, by attaching

the certificate of criminal records, to the city/county government for

legal handling.


Article 10

If the restriction of military service is approved pursuant to Clause

1 of Paragraph 1 of Article 5 of Conscription Law, and the first

judgment is changed to a sentence of imprisonment for a term not

longer than five (5) years or the announcement of not guilty after

the revision trial or extraordinary appeal, the judicial (military)

court shall within forty-five (45) days after the judgment becomes

final notify the local government to process as follows:

1. If the draftee has not yet performed his conscription duty, the

restriction of military service upon the draftee shall be waived

and a later draft shall be served to the draftee.

2. If the draftee is a reservist draftee of substitute services,

the restriction of military service shall be waived.

3. If the draftee is a reservist or a replacement, MOD shall be

notified to cause its originator unit to life the restriction of

military service.

Article 9 shall govern in the event that the draftee as referred in

the preceding paragraph is qualified with those conditions of

restriction of military service defined in Clause 2 of Paragraph 1

of Article 5.


Chapter 4 Deferred Draft


Article 11

For students applying for military draft deferral pursuant to

Clause 1, Paragraph 1, Article 35 of Conscription Act, their

schools shall provide a list of student names, sorted by

registered residency, with their application to the respective

city/county government one month after the registration deadline.

A student, who hasn’t enrolled in high school or received a high

school diploma and is participating in a non-school-based

experimental education program (hereinafter referred to as

“experimental education), shall apply for military draft

deferral by having himself, the head of household or his family

members bring the documentation, issued by the city/county’s

education authority, to the township office for approval.

The application procedure for military draft deferral, as described

in the two preceding paragraphs, is set forth by the Ministry of

Education.


Article 12

If a student receives his recruitment notice before the draft

deferral list arrives the local government, his school has to

issue a document-of-proof to the student, his household lead

or his family, to bring to the township office for status transfer.

If a student, who didn’t enroll in a senior high school,

participating in the experimental education receives his

recruitment notice, the student, his household lead or his family

members may request his document-of-proof from the local

education administrative authority to bring to the township

office for draft deferral application themselves.


Article 13

The city/county government shall approve the draft deferral list

if no events listed in Article 15 occur. The government should

also return a copy of the list back to the applicant school.

The city/county government shall approve the application made

by students participating in experimental education if no events

listed in Paragraph 2, Article 5 occur.

Notwithstanding the foregoing, those draftees who voluntarily

receive military training during their winter or summer vacations

while attending colleges or institutions of higher education shall

still be subject to drafting.


Article 14

The school must provide the list of names to the city/county

government within a month after the registration deadline if a

student’s draft deferral extension has been approved.

If a student participating in experimental education has his

draft deferral extension approved, the student, his household

lead or his family members shall bring the certifying

documents, issued by the local education administrative

authorities, to the local township office for status update to

the local government.

If a previously approved draft deferral timeline is affected

due to grade retention, school reentry, school transfer,

department transfer, or switching-major, the student

mentioned in Paragraph 1 shall prepare a new application

for draft deferral. This works similarly to those who are

experiencing a change in his experimental education as well.


Article 15

A student at conscription age will NOT be allowed for draft

deferral if any of the following scenarios apply:

1. The school he attends is not duly accredited by educational

administrative authorities.

2. The status of student enrollment fails to comply with the

requirements set out by educational administrative authorities.

3. The student having graduated from a high school or above

is reenrolled at a school of the same or a lower level without

prior approval by MOI.

4. The student has not yet graduated college (or equivalent)

level schooling at the age of 28.

5. The student has not yet graduated any other schooling

(as stated in preceding paragraph) at the age of 33.

A student at conscription age who hasn’t completed his

experimental education program at the age of 24 is not

allowed for military draft deferral.


Article 16

The draft deferral shall be terminated if one of the following

occurs:

1. The student has graduated or completed his experimental

education.

2. The student has suspended his studies, withdrawn from

enrollment or is expelled.

3. The city/county educational administrative authority

approves the student’s withdrawal from his experimental

education or revokes its permit to conduct experimental

education. 

In the case of suspension of study, withdrawal from

enrollment or expulsion of a student as described in Clause 2

of the preceding paragraph, the school shall notify the

student’s registered residence’s city/county government

within thirty (30) days upon the departure of the student for

deferral termination.

According to Clause 3 of the preceding paragraph, if a student

participating in experimental education were approved for

withdrawal, the education administrative authorities of his

registered residence shall notify his township office within

30 days after the termination for draft deferral cancellation.


Article 16-1

If a student, who was approved for draft deferral and received

regular military service training during winter and summer

vacation, experiences any of the following, the local office of

his registered residency shall transfer the relevant

documentation to the township office for updating The

Household Registration and Conscription Information System,

and terminates the approved deferral at the same time.

1. The student becomes reserve draftee upon completion of his

training;

2. The student has spent over 30 days in the camp when training

finished, and he’s listed as a replacement service draftee.


Article 17

An application for a deferred draft pursuant to Clause 2,

Paragraph 1, Article 35 of Conscription Act shall be processed

according to the following provisions:

1. If the draftee is being prosecuted for a crime punishable by a

maximum sentence not less than an fixed-term imprisonment,

the draftee, the household lead or his family member shall carry

the indictment or other certifying document to the township/city

office for reference to the city/county office for deferral approval.

2. If a sentence is being served, , the judiciary shall send a list of

names for notifying the city/county government for deferral

approval. Alternatively, the draftee’s registered residence’s

township office could attach Ministry of Justice’s note and

related evidence to the city/county government for deferral

approval.

Clause 2 of the preceding paragraph is applicable to a draft

deferral where a rehabilitative disposition for the draftee is

being executed.


Article 18

The cause justifying a deferred draft approved under Article 17

hereof shall cease to be in any of the following cases:

1. A non-prosecution disposition becomes final;

2. A judgment of not guilty, exemption from prosecution,

remission of punishment, or rejection of an alleged accusation

becomes final;

3. A probation for the verdict becomes final;

4. A parole is approved before the completion of the

imprisonment;

5. The imprisonment sentence is served or pardoned

6. The execution of rehabilitative disposition has been completed

or a remission is granted and there are no other imprisonments

pending

If a draft deferral is terminated due to previous reasons, the draftee

or the household lead shall notify the registered residence’s

township/city office within thirty (30) days. Upon receiving the

docket report, the judiciary/military court shall notify, by sending

a name list, the draftee’s registered residence’s city/county

government within forty-five (45) days to revoke the approval

for the deferred draft, and to duly draft into service.


Article 19

The patient provided incompetent to handle combat operation as

referred in Clause 1 of Paragraph 1 of Article 41 of Conscription

Law relates to a replacement service draftee or a reservist

who suffers major ailment, is injured or handicapped and whose 

grade of physical condition is not qualified as that of a

regular services draftee.

The draftee as referred in the preceding paragraph may file in

person, or by his household head or dependent the application

for a deferred call submitted together with a certificate of

diagnosis executed by an examination/review hospital approved

by the Department of Health to the originator authorities of

MOD for approval; if the applicant has received the call order,

the application for deferred call shall be filed with the

originator authorities of MOD for approval in care of the unit

serving the order of call.


Article 20

The national defense industry referred in Clause 2 of Paragraph 1

of Article 41 of Conscription Law is comprised of the following

types:

1. Any industry of national defense necessity directly operated by

MOD or its agencies;

2. Any public or private industry included in the mobilization

program of national defense necessity industry owned by MOD;

3. Public and private industries undertaking military projects

owned by MOD and its agencies;

4. Any dynamo-institute required to maintain national defense;

5. Any institute of resources development and refinery for supplies

required to maintain national defense;

6. Any important institute of supplying water required by consumer

and national defense; and

7. Key production industries in national defense mobilization

during the war.

Any public or private industry falling in any of those types

described in the preceding paragraph may present related

information to file with MOD in care of the regulating authorities

of business entities for that industry at the central level for

recognition as an institute of national industry with authorized

deferred call.


Article 21

Any active professional technician working in a national defense

industry as referred in Clause 2 of Paragraph 1 of Article 41 of

Conscription Law shall meet the following qualification

requirements:1. He has been employed for one (1) full year by the

institute of national industry with authorized deterred call; and

2. His function as a professional technician is not replaceable

by others.


Article 22

Any institute of national defense industry with authorized deferred

call shall produce a list including all professional technician

functions complying with the requirements specified in Paragraph

2 of Article 21 and submit the list to apply for the approval with  

MOD in care of its regulating authorities of business entities at

the central level; the same governs in case of changed job title

and/or organizational system of the title of the institute or the

professional technician functions.

MOD may seek advices from any institute concerned as applicable 

before deciding whether the approval will be granted for the

application filed under the preceding paragraph.


Article 23

The deferred call authorized institute of national defense industry

shall produce a list of employee who is a draftee and may be

qualified for a deferred call, and submit the list together with

documents as required to apply for the approval with the MOD

originator unit at where the household register of the draftee is

maintained.

The MOD originator unit shall visit from time to time at the

institutes of national defense industry with authorities deferred

call that are located within its jurisdiction, and shall report to

MOD to disqualify any institute with authorized deferred call upon

identifying any wind-up, suspended operation, changed nature of

operation, or terminated undertaking contract.


Article 24

Any active teacher at a school of a level lower than senior high

school or below (including the first three years of a five-year

system at a junior college) referred to in Clause 3 of Paragraph 1

of Article 41 of Conscription Law means a full-time teacher

currently at a public school established by educational authorities,

or an accredited private senior high school, the first three years of

a five-year system at a junior college, junior high school,

elementary school or special school. In respect of a teacher having

being employed for one (1) year or longer under the same Clause 3,

while he/she has taught in a non-continuous manner, his/her

previous service periods shall be combined for calculation.

Any person who is entitled to a deferred mobilization as stated in

the preceding paragraph shall file an application by providing

documents of academic background and work experience to the

school of his service, which will then be transferred for approval

by an administrative agency under MOD.


Article 25

The bread earner referred in Clause 4 of Paragraph 1 of Article 41

of Conscription Law relates to that all his dependents are

respectively of age either under 20 (included) or over 60

(included), or handicapped, mentally or physically, and the

absence of any other dependent to take care of his family.

Any draftee entitled with a deferred call as provided in Clause 4

of Paragraph 1 of Article 41 of Conscription Law shall within the

term published by MOD apply by submitting documents with the

Public Office where the household registration of the applicant

is maintained to seek approval from the MOD originator unit in

care of the local government.


Article 26

The dependent referred to in the first paragraph of Article 25 shall

be limited to the following persons:

1. Direct blood relatives;

2. Spouse or parents-in-law;

3. Siblings.

The dependent as specified in Clause 3 of the preceding paragraph

shall only be those who are entitled to a deferred mobilization and

have completed household registration before turning eighteen (18).

Any of those dependents defined in Paragraph 1 shall be excluded

in any of the following cases:

1. Being retained, jailed, under mandatory training, correction,

security disposition, under observation or treatment of addicts, or

mandatory treatments;

2. Listed in the household registration as a missing person;

3. Accepted by a social welfare institute under public funds.

A person in any of the cases described in the preceding paragraph

shall be included again as a dependent if such case has ceased to

be before being drafted.


Article 27

In the event that two brothers are served the mobilization order or

temporary call order at the same time, they shall negotiate and

agree to elect one to function as the bread earner to apply for the 

deferred call pursuant to Item 2 of Clause 4 of Paragraph 1 of 

Article 41 of Conscription Law; should the negotiation fail and 

both have filed the application for the deferred call, one shall 

be approved depending on the specialty as required by military 

purpose. In either case, the date of reporting to active service 

may be extended, as long as the application for the deferred call 

is pending approval.


Article 28

Any adopted son applying for a deferred call pursuant to Clause 5 

of Paragraph 1 of Article 41 of Conscription Law shall be limited 

to the fact that the applicant has been adopted under the Civil 

Code and registered on the household registration.

The application for the deferred call as referred in the preceding 

paragraph shall be submitted together with documents as 

specified within the term published by MOD to the local Public 

Office at where his household registration is maintained to seek 

approval from the MOD originator unit in care of the local 

government.


Article 29

The following procedure shall govern the application for a deferred 

call under Clause 6 of Paragraph 1 of Article 41 of Conscription 

Law:

1. Any one receiving the order of call at a time when he is under

prosecution or retained for a crime subject to imprisonment to its

maximal gravity shall apply either in person or by the household

head of his family for the deferred call with the MOD originator

unit located at where his household registration is maintained.

2. The deferred call for any one who is serving his imprisonment

shall be processed as notified by the judicial (military)

institute.


Article 30

Any one qualified for a deferred call fails to file the application

for the deferred call within the time or according to the procedure 

specified, MOD originator unit may reject the application: 

Provided, however, that when the cause justifying the deferred 

call takes place at a time after the term specified, the 

application shall be filed by submitting documents specified within 

one (1) month upon the next day immediately following that of the

cause takes place.

If a later correction is allowed for any insufficiency in the 

submittals or any noncompliance with the procedure specified for 

the documents specified in the application for a deferred call, 

the attending authorities shall notify the applicant to correct 

within seven (7) days. Any absence of making the correction or 

the correction is incomplete within the time specified will cause 

the application to be rejected by the MOD originator unit.


Article 31

For any one approved with a deferred call and the cause justifying 

such deferred call remains existing upon the expiry of the term of

the deferred call approved, he may submit the certificate of 

deferred call and support documents to apply for an extension for 

the deferred call by following the same procedure in applying for

the original deferred call to seek the approval from the MOD 

originator unit.


Article 32

MOD may depending on the nature and military purpose

respectively specify the conscription age, subject, scope and

length of approval for those events permitting deferred calls 

as provided in Paragraph 1 of Article 41 of Conscription Law.


Article 33

MOD shall define the duration of the year of deferred call and the

solving of the conscription age shall be made pursuant to 

conscription regulations.


Chapter 6 Special Articles


Article 34

In the event that any draftee applying for exemption or restriction

of military service, or for a deferred call or draft when approved

by the local government or the MOD originator unit, the approval

institute shall issue to the draftee a certificate or resolve to

Article 13 hereof.

A list shall be produced to include any draftee rejected with his

application for an exemption or restriction of military service

or a deferred call or draft shall be individually so notified to

him in person or to the household head of his family in care of

the local Public Office, institute or school as the case may be.

Upon approving or rejecting an application as described in the

preceding paragraph, the originator authorities shall produce

lists to respectively notify all institutes concerned.


Article 35

Each year upon completing the routines of applications for

exemption or restriction of military service, or deferred draft

or call, the local governments and the MOD originator units

shall produce the statistical statement separately by the

nature of the application and submit the same to MOI and MOD,

while communicating the same to one another for reference.


Article 36

Any objection to the decision of the application for exemption or

restriction of military service, or the deferred draft or call,

shall be submitted in writing an application for review attached

with valid documents within thirty (30) days upon the next day

immediately upon receiving the certificate or notice to the

local government in care of the local Public Office for review

if the draftee has not yet performed his obligated service and

substitute service; or to the MOD originator unit for review by

following the same procedure in filing the application for the

approval in case of a reservist. Unless provided with a special

case, the application for a review shall be accepted for one time.


Article 37

While the application for review of the decision on the application

of exemption or restriction of military service, or the deferred

draft or call is pending, the enforcement of a draft or a call will

not be suspended.

Any draftee called or drafted to take active service while the

review is pending has been approved with his application for an

exemption or restriction of military service, or the deferred

draft or call, the review unit will respectively produce a list

and report it to MOI and MOD to waive the draft or the call.


Article 38

Each level of school shall assign a staff to undertake the

transactions of the deferred call and deferred draft and report

the personal particulars of the staff to its superior education

administration regulating authorities for reference.


Article 39

Ministry of Justice shall jointly with MOI and MOD specify the

operation requirements governing the notification to the local

government by the judicial (military) institute as provided under

these Regulations.


Article 40

MOI and MOD shall respectively set forth the format each for the

forms provided hereunder.


Article 41

These Regulations shall become operative on and after the day

they are published.

 


 
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