Act of Military Service for Volunteer Enlisted Soldiers

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=F0040007

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Article 1


This Act is instituted in accordance with the regulations stipulated in Article - 47, Item-2 of the Military Service Act.


Article 2


The military service of the Volunteer Enlisted Soldiers are base this Act; Rules that are not stipulated in this Regulation should apply to the rules about the Standing Enlisted Soldiers service stipulated in the Military Service Act and Enforcement Regulations Act.


Article 3


Owing to the Military needs of the National Defense, the following persons may volunteer to participate in the selection, receiving basic training with completing qualified service, taking to Volunteers Enlisted Soldiers:
1. Being inducted to take Standing Soldier Service in the military camp or Substitute Services.
2. Reserve Service of Standing Soldier.
3. Other nationals of the statutory age.
People from Mainland China and Hong Kong, Macao residents should be set up in Taiwan, the membership of less than 20 years before they may participate in the selection of the Volunteers Enlisted Soldiers.
The selection of Volunteers Enlisted Soldiers should consider the military required expertise; their selection criteria, procedures, and the camp program, training, assessment and retire training camp remain in service conditions and other relevant issues shall be determined by the Ministry of National Defense.


Article 3-1


Each person whom the subparagraphs of the preceding article, Paragraph (1) refer to starts military service from the date approved by the Ministry of National Defense.
The Ministry of National Defense may designate the authority approving of ministry service for volunteer enlisted soldiers to Service commands, the Coast Guard Administration, Executive Yuan or the National Security Bureau; the designated bureaus shall notify the Ministry of National Defense and its subordinating Service Commands when approving.


Article 4


The ranks of the Volunteer Enlisted Soldiers and the minimum time of serving their own rank are as follows:
1. Private: Six months.
2. Private 1st Class: One year.
3. Private Upper Class.
The service time of Standing Soldier in Reserve Service shall be accumulated from his original rank, since the date the military service began.
The maximum number of year limit of military service of the Private Upper Class is 10 years, starting from the day of their promotion.
The period of leave without pay of volunteer enlisted soldiers is not computed in the minimum time of serving their own rank and the maximum number of years limit of military service of the Private Upper Class, regulated in the preceding Subparagraphs 1 and 3.
The pay grades and pay units of volunteer enlisted soldiers shall be governed by the attached table stipulated from the Subparagraph 2 of Article 4 of the Pay Act of the Armed Forces; the transfer of pay grades of promotion to noncommissioned officers refers to the attached table.


Article 5


A volunteer enlisted soldier should retire after completing his service. However if war or emergency occurs, or the number of retirees affect the national defense security, the Ministry of National Defense may order and approve of their continuing services or installment retirements.
When the reasons for continuing services stated above have been abolished, the soldiers are allowed to retire.
The discharge date of volunteer enlisted soldiers is on December 31st of the year at the age of 45.


Article 5-1


Volunteer enlisted soldiers whose annual evaluation grades inferior than a “C”, have been recorded for two major demerits due to personal cause, or are not determined suitable for service through evaluation after three months from the first day of their service should be handled by the Ministry of National Defense or the Commands in three months according to the following rules:
1. For those who have not serve over the minimum service time and have not fulfilled his military service obligation:
(1) Active Standing Soldiers with Conscription Age shall be transferred to active duty directly and retire when completing the service period according to Subparagraph 1 of Paragraph 1 of Article 16 of Act of Military Service System.
(2) After the suspension of induction of Active Service of Standing Soldier Service, the administration disposition, approved to start military service, to Active Standing Soldiers with Conscription Age whose year of birth are earlier than the suspension of induction of Active Service of Standing Soldier Service, shall be rescinded and transferred to the Substitute Service directly and retire when completing the service period according to Paragraph 3 of Article 25 of Act of Military Service System.
(3) Active Standing Soldiers with Conscription Age whose year of birth are later than the suspension of induction of Active Service of Standing Soldier Service shall be retired.
2. For those who have not serve over the minimum service time but have fulfilled his obligation of military service or without the military service obligation, they should transact to disband to convent or retire.
3. For those who have served over the minimum service time, they should transact to disband to convent or retire.
The unsuitable volunteer enlisted soldiers in the preceding paragraph who have not served over the minimum service time should indemnify; all the relevant matters and regulations concerning indemnity such as: coverage, amount, procedures, installment, etc. are stipulated by the Ministry of National Defense.
The number of service days of the military service basic training for volunteer enlisted soldiers may be converted to that of the obligation of military service not fulfilled yet.


Article 5-2


During the period of Active Service, the Volunteer Enlisted Soldier who has been examined inappropriate to take military service for illness, injury, weakness shall be retired; unable to take military service for illness, injury, weakness should be discharged.
The examination in the preceding Paragraph shall be subject to the Retired or Discharged Examination Standards of Officers for Illness and Injury.
During the period of Active Service, the Volunteer Enlisted Soldier who has any of the situations prescribed in Subparagraph 3 to Subparagraph 6 of Paragraph 1 of Article 20 of Act of Military Service System shall be suspended.
Where the situation of preceding Paragraph is eliminated, the Volunteer Enlisted Soldiers shall be restored to or exempted from the service depending on their circumstances and military needs. For those who are exempted from the service shall be retired.


Article 6


The military service for the Volunteer Enlisted Soldiers can not be less than 4 years. It will depend on the military need and be announced by the Ministry of National Defense during the selection.
If volunteer Enlisted Soldiers that have completed their service in the camp apply to continue their services, the Ministry of National Defense can which is based on its Military needs and approve their continuing services for a period of 1 ~ 3 years as one term.


Article 6-1


Volunteer enlisted soldiers may apply for leave without pay, and the Ministry of National Defense may reject the application given the mission requirements except for the situations prescribed in the following Subparagraph (1):
1. After being in service for one year a, either one of the parents may apply for in order to rear their children under the age of three.
2. Preparing to follow their spouses sent overseas due to mission requirements for more than one year.
The period of leave without pay prescribed in the preceding paragraph, Subparagraph (1) is until their children at the age of three but cannot exceed two years.
When soldiers’ parenthood over two children occur at the same time, the period of their parental leave without pay shall be computed aggregately, provided that, the maximum period shall be limited to two years the youngest one has received raising.
The period of leave without pay prescribed in the Paragraph (1), Subparagraph (2) of this article is limited to their spouses’ abroad service time.
Soldiers should be reinstated when the period of leave without pay has expired or the conditions of application have concealed.
The period of leave without pay shall not be included in the minimum service time.
The approving authority of the Paragraph (1) and the Paragraph (5) of this article and the Paragraph (2) of the preceding article may be designated to its subordinating bureaus, field units, schools, the Coast Guard Administration, Executive Yuan, or the National Security Bureau by the Ministry of National Defense.


Article 7


The allowance payment of the Retirement Separations of the Volunteers Enlisted Soldiers when they retire or are on separation, can be process in accordance with the regulations and its relevant rules of the Arm Forces Officers and Non-Commissioned Officers Military Services Act.
The Retirement Separations Payment of the Volunteer Enlisted Soldiers should be release at the time of their retirement. However for those who have not collected their retirement separation payment and are transferred to a Public Service, their number of years of service in the military can be combined into their Public Service years on their own wills, for processing their Civil Servant's retirements.


Article 8


The Retirement Separation Payment and the Indemnity Funds of the Volunteer Enlisted Soldiers are allocated from the Government and the Active Service personnel, that establish a foundation funds to take care of the payments, and the Government is responsible to guarantee the final payment.
The standard of allocating the common funds for the retirements as stated above, can be processed in accordance with the rules stipulated in the Arm Forces Ranking Officers and Non Commissioned Officers Military Service Act and the Military Men Indemnity Act.
Those Volunteers who are not qualified for a Retirement Separations payment, can apply for the refund of their payment to the foundation funds. The payment can be refunded at a time, plusing the Interest based on the Saving’s Interest Rate of the Bank of Taiwan.
The number of years of the basic training period combined into the years of Active Service as regulated in Item-2 of Article-6, the Volunteers should make up the payment for the foundation funds principal and foenus together with the servicing agency in accordance with the standard stipulated in Item-2, within three months from the day they are enlisted for service.


Article 9


The Basic Point of the Retirement Separations payment of the Volunteer Enlisted Soldiers is double the basic salary, equals the basic salary of the same level personnel on Active Service, basing on the day the retirement takes effect.
Those basic salary of those personnel stated above that has not reach the standard basic salary of Corporal, will be counted as the standard basic salary of a Corporal, the difference will be shouldered by the Government from its budget.


Article 10


The evaluations of the Volunteer Enlisted Soldiers are made at the end of year for their performance from January to December . Those who have not served for one year but have continues their service for six months within the same rating year, should be evaluated separately.
Volunteer Enlisted Soldiers who have not serve over six months will not be evaluated.
The items of the evaluation the Volunteer Enlisted Soldiers are: Loyalty, Character, Skill, Efficiency, Physical Condition.
The items of the evaluation that are in enlisted in this Act will be processed base on the regulations stipulated in the Arm Forces Ranking Officer Non Commissioned Officers Performance Rating Act and its relevant rules.


Article 11


If a Volunteer Enlisted Soldiers died or cripples during their service period, the processing of his indemnity is base on the Military Men Indemnity Act and its relevant rules.
The basic point of indemnity pension of a Volunteer Enlisted Soldier is computed base on the standard payment of an Enlisted Soldier stipulated in the Military Men Indemnity Act.


Article 12


The insurance of the Volunteer Enlisted Soldier is process in accordance with the Military Men Insurance Act and its relevant rules.
The Insurance Basic Point of insurance pension of the Volunteer Enlisted Soldiers is computed base on the standard payment of an Enlisted Soldier stipulated in the Military Insurance Act.


Article 13


(Castration)


Article 14


The application of Leave of a Volunteer Enlisted Soldier are process in accordance with the relevant rules of Application for Leave of Absence of the Standing Non Commissioned Officer.


Article 15


Females who with suitable age and wish to volunteer to serve in the Military aided duties will be granted.


Article 16


The enforcement of this Act will take effect on the announcement date.