Laws Information

法規資訊
Title: The Enforcement Act of Act of Military Service System
Am Date: 2013-01-30
Legislative History: Articles 12, 16, 17, 22, 26, 34, 42, 44~47, 52 and 55 have been amended and promulgated, and Article 3-1 has been added on 30 January 2013 by Presidential Decree Hua-tzung-1 Yi Tzu No.10200017771, and enforced on 1 April 2013 by Decree of Executive Yuan Tai-fon Tzu No.1020019029 on 29 March 2013.

Transaction

Amendment

Article 3-1
The male who volunteer to go through the conscription procedure, have passed the conscription examination and taken the Military Training of Standing Soldier Service prescribed in Paragraph2 of Article 32, will be inducted to serve in the military camp according to the order of their ages and the sequence of numbers drawn.
Article 12
After suspending or stopping Military Training, the Standing Soldiers who are not suitable for serving the Standing Active Service or taking Military Training due to their physical status shall be transferred to Substitute Services, if qualified, or exempted from service according to the law.
The regulations of restoration and exemption from restoration in accordance with Paragraph 2 of Articles 22 of the Act of Military Service System shall be enacted by the Ministry of National Defense.

Article 16
Those who shall serve the Replacement Service in accordance with Articles 17 of the Act of Military Service System and the trained Replacement Soldiers in accordance with Paragraph 2 of Articles 20-1 of the same Act shall be enlisted and use by their ages, categories, regions, careers, and skills by the Ministry of National Defense.

Article 17
Those who shall serve Replacement Service shall be issued with an appropriate Certificate in either of the following circumstances:
Subparagraph 1-Having trained or obtained scholar ability equivalent to a Military skill before enlisting to a camp and been reviewed and approved by the Ministry of National Defense subordinating responsible unit
Subparagraph 2-The trained Replacement Soldiers in accordance with Paragraph 2 of Articles 20-1 of the Act of Military Service System.

Article 22
The number of enlisted Standing Soldiers of Active Service or Military Training shall be decided by the Ministry of National Defense for its coordination with the Ministry of the Interior prior to submitting the finalized draft thereof to the Executive Yuan for its approval according to the annual personnel as needed. Standing Soldiers of Active Service prescribed in the preceding paragraph shall be assigned to the affiliated agencies and units or the legalized armed units after being approved by the Executive Yuan.

Article 26
The criteria, number and date of Temporary Mobilization shall be ordered by the Ministry of National Defense according to military needs.
The service time of receiving Temporary Mobilization for enlisting into a military camp during war or severe disorder shall be equivalent to General Mobilization. Total period of service in camp shall not be longer than one year during the ordinary time.

Article 34
The Service Age Male exempted in accordance with Articles 4 of the Act of Military Service System shall be approved by the conscription agency or unit at the local city or county government.

Article 42
The students,employees and unemployed men taken Active Service in the military camp or the Military Training of Standing Soldier Service in accordance with Articles 44, paragraph 1, subparagraph 1 of the Act Of Military Service System shall be governed by jointly the authorities in charge of education or labor and the central competent authority and local government according to the jurisdictions of the schools, institutions and public or private enterprises as follows while retiring,taking a rotation leave, reinstating, canceling the mobilization and completing Military Training of Standing Soldier Service:
Subparagraph 1-The male recruited or mobilized shall go back and reinstate to the original schools, institutions and public or private enterprises if still exist.On the other hand, authorities in charge shall provide the allocation and guidance if the original schools, institutions and public or private enterprises do not exist anymore or unemployed men.
Subparagraph 2-Students and employees shall check in on time according to the rules prescribed by the schools, institutions and public or private enterprises and shall be regarded as waiver if being over a month overdue.
Subparagraph 3-The male recruited or mobilized with legal extension shall be subjected to subparagraph 1 and 2 mentioned above after completing his service.The male continuing services exceeded three years shall be allocated or guided their schooling or woking while retiring,taking a rotation leave, reinstating, canceling the mobilization according to subparagraph 1.
Subparagraph 4-Servicemen may Continue education by off-duty learning or going to the cram school during the service.The regulations shall be prescribed jointly by the Ministry of National Defense and the Ministry of education.

Article 44
Rules of Assistance shall be in charged and prescribed by the Ministry of the Interior and implemented by the municipal and county (city) governments according to following principles:
Subparagraph 1-To provide the chance of employment if draftee’s dependent is competent to work
Subparagraph 2-Where a Draftee’s dependent receives no support in accordance with the preceding article, or is unable to make a living though with the support, or all dependents of the entire family are aged, feeble and unable to make a living, they shall be given by cash or in kinds to to make a living.
Subparagraph 3-In case of acts of God, human disaster, childbirth, death, a Draftee’s dependent shall be assisted of cash or in kinds depending on the needs necessarily.
The funding needed shall be subsidized by the Ministry of the Interior budget in an amount as determined by the Central Government.

Article 45
Military personnel injured or disabled in accordance with Articles 44, paragraph 1, subparagraph 3 of the Act Of Military Service System shall be implemented as follows and paid an indemnity subjected to Indemnity Act for Military Personnel .
Subparagraph 1-Who are willing to be employed and being competent to work shall be subjected to Articles 42 and who are unemployed originally or losing the work due to the injury shall be trained and guided with employment service by the government.
Subparagraph 2-Who are willing to study shall be subjected to Articles 46, paragraph 1, subparagraph 2.
Subparagraph 3-Who are willing to return to their hometowns and could not study or work shall be assisted.
Subparagraph 4-Who are totally disable shall be cared by the government.
The matters with regard to the employment service mentioned in subparagraph1 shall be authorized by Central Competent Labor Authority .Schooling matters mentioned in subparagraph 2 shall be authorized by the Ministry of education.Assistance of returning to hometowns mentioned in subparagraph 3 shall be authorized by the the Ministry of National Defense. Caring mentioned in subparagraph 4 shall be authorized jointly by the the Ministry of the Interior and Veterans Affairs Council(VAC) and shall be paid from the budget separately.
The matters prescribed in subparagraph1 shall be authorized jointly by Central Competent Authorities and the municipal and county (city) governments.

Article 46
The matters with regard to cultivation mentioned in the Former Section of Articles 44, paragraph 1, subparagraph 4 of the Act Of Military Service System shall be conducted as follows:
Subparagraph 1-The Survivors of Military could not manage to make a living shall be aided until they reach adulthood.
Subparagraph 2-The Survivors of Military shall be freed or waived educational fees of special needs according to their circumstances and shall have priorities to attend to the schools until they graduate from the public or registered private college/university.
The matters prescribed in paragraph1, subparagraph1 shall be authorized by the Ministry of the Interior and conducted by local governments. The matters prescribed in paragraph1, subparagraph 2 shall be authorized by the Ministry of the Education and be conducted separately by the Ministry of the Education and the municipal and county (city) governments according to the relationship with the schools dropped out from.
The caring mentioned in the Former Section of Articles 44, paragraph 1, subparagraph4 of the Act Of Military Service System shall be conducted jointly by Veterans Affairs Council(VAC) and related institutions.

Article 47
The funeral affairs, commemoration and praise mentioned in Articles 44, paragraph 1, subparagraph 5 of the Act Of Military Service System shall be conducted as follows:
Subparagraph 1-The corpse shall be buried in the way of state-funeral or public-funeral and the Ministry of the Interior, the Ministry of National Defense and the municipal and county (city) governments shall be responsible for the killed in action (KIA)’s funeral expenses, and erect memorial cemetery and monuments to honor them.
Subparagraph 2-The biography thereof shall be recorded in Academia Historica and be related a story or information by the the Ministry of National Defense and the municipal and county (city) governments.The school shall dedicate a monument in memory of the KIA.
The rules of funeral affairs, commemoration and praise mentioned in preceding paragraph shall be prescribed by the Ministry of National Defense and the Ministry of the Interior separately.
The rules of establishment and management of Military Cemetery mentioned in paragraph 1, subparagraph 1 and Articles 44, paragraph 1 , subparagraph 1 of the Act Of Military Service System shall be prescribed by the Ministry of National Defense and the Ministry of the Interior separately.

Article 52
That the military training courses offered in senior high or higher education schools and the military training courses offered under the All-Out Defense Education can be deducted in accordance with Paragraph 2 of Articles 16 of the Act of Military Service System means Ranking Officers, Non Commissioned Officers, Standing Soldiers and draftees of Substitute Services taken and passed the military training courses under the All-Out Defense Education offered in senior high or higher education schools during or after this Act being carried out on November 21, 2000.

Article 55
To promote the Military Service and related matters, the regulations for award and punishment, propaganda, conscription and cheer shall be enacted jointly by the Ministry of National Defense, the Ministry of the Interior and the Ministry of Education.