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Ministry of the Interior.

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Laws and Regulations
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2019-04-26
Regulations for Exit of Draftees

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.

For the need to postpone the exit upon the expiration of the stay in Taiwan after a draftee’s return to Taiwan referred to in the preceding paragraph, an application for postponement shall be submitted to the Immigration Agency in accordance with the following provisions, and the stay may not exceed three months:

1. Submit a medical certificate and related documents on account of serious illness, accidental disaster or other special incidents which are force majeure. 

2. Submit a verified holiday certificate issued by the school the draftee studies at to prove that the school is still on consecutive holidays.

Those who apply for re-exit and have been approved according to the provisions prescribed in the first paragraph may have a multiple exit permit within the approved degrees and attendance as well as the maximum age for studying. However, when he does not continue to study abroad, he should return to Taiwan to perform his military service obligations, and inform the Township/City/District Office where his household is registered of the elimination of his originally approved exit reason for studying.

Provisions of the preceding three paragraphs shall apply mutatis mutandis to the draftees who exit from the country before conscription age and study in Hong Kong or Macao after January 1st of the year at his 19-year-old conscription age, and the same shall apply as to those who exit and study in Hong Kong or Macao in accordance with the fifth subparagraph, first paragraph in the preceding Article.

Provisions of the first paragraph through the third paragraph shall apply mutatis mutandis to the draftees who exit from the country before conscription age or after being approved for exit from the country and study in China at an accredited university and department recognized by the Ministry of Education of Taiwan to pursue bachelor, master or doctoral degree after January 1st of the year at his 19-year-old conscription age pursuant to the sixth subparagraph, the first paragraph of the preceding Article. However, the children of the Taiwanese businessmen who have been approved to invest in China or of their employees go to China before conscription age or after January 1st of the year at his 19-year-old conscription age and study at the formal college or university registered by the local competent education authority to pursue bachelor, master or doctoral degree shall submit his parent’s Certificate of Employment upon the application for re-exit after the conscription age, and to which the provisions of the first paragraph through third paragraph shall apply.


Article 5-1 

If a draftee who is approved to exit from the country in accordance with Subparagraph 7, Paragraph 1 of Article 4 herein and has been studying abroad in line with the limitation of the approved degrees and attendance as well as the maximum age for studying referred to in Paragraph 1 of the preceding Article may submit the verified proof of academic enrollment to the Township/City/District Office where his household is registered to apply for the change of exit reason to study abroad and transfer it to the municipality or county/city government for approval.

Provisions of the first paragraph through the third paragraph of the preceding Article shall apply to those who change the exit reason to study abroad after approval.

Provisions of the first paragraph and the first paragraph through the third paragraph of the preceding Article shall apply to the draftees who are approved to exit from the country and has been studying in Hong Kong or Macao according to the seventh subparagraph, the first paragraph of Article 4. 

Provisions of the first paragraph and the first paragraph through the third paragraph of the preceding Article shall apply to the draftees who are approved to exit, in accordance with the seventh subparagraph, first paragraph of Article 4, and have been studying in China at an accredited university and department recognized by the Ministry of Education of Taiwan to pursue bachelor, master or doctoral degree, or the children of the Taiwanese businessmen who have been approved to invest in China or of their employees studying at the formal school registered by the local competent education authority to pursue bachelor, master or doctoral degree.


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  

Where a draftee with the student identity applies for exit according to Subparagraph 1 and 3 in Paragraph 1 of Article 4, the domestic school he is studying at shall prepare a formal document and submit it to the municipality or county/city government where the student’s household is registered for approval. According to Subparagraph 2 in Paragraph 1 of Article 4, a draftee who is recommended by the Ministry of Education to study abroad shall personally submit related documents to the municipality or county (city) government where his household is registered for approval. Where a draftee without the student identity applies for exit according to Subparagraph 4 in Paragraph 1 of Article 4, he shall personally submit related documents to the Township/City/District Office where his household is registered for approval. 

The application for exit as referred to in Subparagraph 5 and 6 of Paragraph 1 of Article 4 shall be filed with the Immigration Agency for approval by submitting related certificates collected by the draftee. The application for exit filed by a draftee as referred to in Subparagraph 7 of Paragraph 1 of Article 4 shall be submitted to the Township/City/District Office where his household is registered for approval.

The application for exit of a draftee without the student identity referred to in the preceding paragraph, of which the draftee is working on a pelagic fishing vessel, shall be submitted together with a letter of guarantee issued by the ship owner and verified by the local fishery association within the jurisdiction; or the application shall be filed by the organizer of training course if the draftee is participating in a professional training program organized by a regulatory agency of the government on sea navigation, marine engineering, telecommunications, fishery, processing, manufacturing or refrigeration and a probation boarding a pelagic fishing vessel.

The pelagic fishing vessel as mentioned in the preceding paragraph refers to a ship, which has a tonnage not less than one hundred (100) tons and has been approved by the fishery regulatory agency to engage in external fishing cooperation or to operate on an overseas base.


Article 8   

Upon the expiry of the term of exit, if the draftee failed to return to Taiwan because of serious illness, accidental disasters or other special force majeure events, leading to an extension necessity of the return, an application for an extension of return together with a verified certificate of diagnosis issued by a local hospital and related supporting documents shall be submitted to the Township/City/District Office where his household is registered and transferred to the municipality or county/city government for approval. The extension may not exceed two months each time, and a renewal of application submitted together with the latest certificate of diagnosis and supporting documents is required if the reason for extension still exists upon the expiry of the extension.

In the event that a draftee working on a pelagic fishing vessel failed to return to Taiwan as scheduled and needs an extension, the ship owner shall submit related documents and a letter of guarantee certified by the fishery association of the jurisdiction to the Township/City/District Office where his household is registered and transferred to the municipality or county/city/ government for a term till the deadline of the phase included in the conscription order, provided, however, that the extended expiration date shall not be after December 31 of the year at his age of twenty-four (24).

The draftee who has been approved to participate in the project of the central government agency, and has been approved to exit from the country and fails to complete the project to return to Taiwan, leading to an extension necessity of the return, the project planning agency shall submit supporting documents to the Township/City/District Office where his household is registered for the extension of return, and transfer to the municipality or county/city government for approval. The accumulated extension period shall neither exceed three years, nor after December 31 of the year at his age of 30.


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  

Documents required as provided in Article 5, 5-1, 8 and 9, and prepared in a foreign country, Hong Kong or Macao shall be verified by Taiwan’s Embassy, Consulate, Representative Office, or the agencies founded or designated or the civic organizations entrusted in Hong Kong or Macao by the Executive Yuan of Taiwan. Documents prepared in China shall be verified by the agencies founded or designated or the civic organizations entrusted in Hong Kong or Macao by the Executive Yuan.

For the documents written in a foreign language, a Mandarin Chinese translation verified by the foregoing agencies, organizations or groups or notarized by the notary public shall be required.


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 relevant authorities shall work herewith to handle the application for exit of draftees according to the following provisions:

1. Bureau of Consular Affairs, Ministry of Foreign Affairs (hereinafter referred to as the “Consular Affairs Bureau”): 

Assisting in promotion of relevant provisions needed for approval for the draftees who have not served in the military when issuing a passport.

2. Immigration Agency:

(1) To approve the applications for draftees’ exits which meet the conditions.

(2) To daily transmit the approved entry and exit dynamic data of draftees to the Household Registration and Conscription Information System.

(3) To transmit the information about the overstaying visas of the approved exit draftees, who stay abroad beyond the prescribed time limit, to the Household Registration and Conscription Information System. 

3. Municipality or County/City Government:

(1) To notify the Township/City/District Office to demand the draftees, the heads of their households or their family of the draftees’ failure to return to Taiwan within the time limit, in accordance with the list prepared by the school or the overstaying visas information transmitted to the Household Registration and Conscription Information System by the Immigration Agency.

(2) Where a draftee failed to return to Taiwan to accept the conscription, the conscription agency shall ascertain the facts and submit supporting documents to bring the draftee to justice pursuant to the Punishment Act for Violation to Military Service System.

(3) To approve the applications for draftees’ exits which meet the conditions.

(4) To supervise and assist the Township/City/District Office in handling draftees’ exits and check-over, calculation, and follow-up conscription process during the draftees’ studies after exit.

4. Township/City/District Office:

(1) To demand the draftees, the heads of the households of their family, by serving official documents, on account of the draftees’ failure to return to Taiwan within the time limit. The period shall be one (1) month.

(2) For a draftee’s exit and entry after the exit, whose household registration is not handled according to the regulations, leading to a failure to accept the conscription, of which the facts shall be ascertained and transferred to the municipality or county (city) government, and the draftee shall be brought to justice after all governments consider that the draftee has violated the provisions of the Punishment Act for Violation to Military Service System.

(3) To approve the applications for a draftee’s exit which meet the conditions.

(4) If a draftee fails to meet the limitation of the approved degrees and attendance as well as the maximum age for studying after the draftee’s exit and during the studies through a check-over, a request shall be made for demand filed with the draftee, the head of the household or his family, by serving official documents. The interpellation period shall be three (3) months, thereby informing him of a supplementary acceptance of conscription. After the request made for demand, if the draftee still stays abroad, leading to a failure to accept the conscription, of which the facts shall be ascertained and transferred to the municipality or county/city government, and the draftee shall be brought to justice after all governments consider that the draftee has violated the provisions of the Punishment Act for Violation to Military Service System.

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  

The draftees who are exempted from conscription or prohibited from service according to laws are not subject to the Regulations herein when handling entry and exit procedures.

The draftees who acquire Taiwan citizenship through naturalization, or are emigrants, or from China, Hong Kong, or Macao without having to handle conscription in accordance with the law, shall apply with the Immigration Agency for an exit approval by submitting relevant certificates.


Article 17

 (Deleted)


Article 18

These Regulations shall become operative on and after the day they are published.