All-out Defense Mobilization Readiness Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=F0070013

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Chapter I General Principles

Article 1

For the purposes of establishing an all-out national defense mobilization (hereinafter Mobilization) system and facilitating the concept of all-out national defense, to safeguard the rights and interests of the people, this Act is stipulated for the preparation mobilization.
Matters not covered by this law shall be governed by the provisions of other related laws.

Article 2

Mobilization phases are divided into the following phases:
1. Mobilization Preparation Phase: refers to the time period of mobilization preparation.
2. Mobilization Implementation Phase: refers to the time period of assembling reserve forces for active duty in times of war or the coming of national emergency upon the president may promulgate emergency decrees in accordance with the Constitution to enforce overall or partial mobilization.

Article 3

Mobilization tasks are as follows:
1. During the Mobilization Preparation Phase, integrating all governmental powers to implement comprehensive preparation of human resources, material resources, financial technology and military, in order to reserve overall war fighting capabilities during the war time, as well as to carry out disaster relief in compliance with the Disaster Prevention and Protection Act.
2. During the Mobilization Implementation Phase, synchronizing all of the civil power to support military operations and deal with emergencies, as well as to maintain the needs for government’s emergency response and people’s daily lives.

Article 4

Mobilization preparation matters shall be included in the annual project of the central regulating authorities and municipal government, county(city) government for implementation.

Article 5

Mobilization Preparation proceedings are classified as either Administrative Mobilization or Military Mobilization, whereas the corresponding enforcement authorities are as follows:
1. Administrative Mobilization Readiness: by central authorities, municipal city governments, and county (city) governments.
2. Military Mobilization Readiness: by Ministry of National Defense, in cooperation with other relevant central authorities.

Chapter II Organization and Authority

Article 6

The Mobilization Plan is divided into Mobilization Readiness Guidelines, the Mobilization Readiness Program and Mobilization Readiness Classification as follows:
1. Mobilization Readiness Guidelines: based on Military Defense Strategy to coordinate all of the reserve forces of human resources, material resources, financial resources and technology as support for military task forces, disaster rescue and livelihood issues.
2. Mobilization Readiness Program: according to mobilization attributes to integrate governmental powers as policy statements for the planning of mobilization readiness guidelines, resource allocation per requirements and regulations of Mobilization Readiness Classification.
3. Mobilization Readiness Classification: complying with the Mobilization Readiness Program to verify and define the operational scopes and expected goals for the organizations and authorities as required by the Mobilization Implementation Phase.

Article 7

For coordination of mobilization readiness proceedings, the Executive Yuan All-out Defense Mobilization Committee (herein after referred to as the Executive Yuan Mobilization Committee) has been established to carry out the following tasks:
1. Stipulation of Mobilization Readiness Guidelines
2. Determination of Fundamental Mobilization Policy
3. Review of Mobilization Act
4. Review and Approval of Mobilization Readiness Program
5. Coordination between Government and Military for Administrative Mobilization Readiness to support Military Mobilization Readiness
6. Coordination and instructions for Mobilization Committee and General Coordination Organization All-Out Defense Capabilities
7. Other related mobilization readiness proceedings

Article 8

The positions of Chairman and Vice Chairman of the Executive Yuan Mobilization Committee are held by the Premier and Vice Premier; the members are the selected ministers without portfolio and relevant department heads assigned by the Premier.
The Ministry of National Defense, under the Executive Yuan’s orders, is responsible for the secretarial works of the Executive Yuan Mobilization Taskforce and applicable to assign the subordinate authorities (organizations) for setting up the general organization of all-out defense capabilities to integrate the overall reserve forces in the theaters of operations as General Coordination Organization of All-Out Defense Capabilities for military support and disaster rescue.
The organizations, tasks, duties and operational procedures of the secretarial works and civil force coordination mentioned above are governed by the Ministry of National Defense.

Article 9

The Mobilization Readiness Program of the central authorities is classified as follows:
1. Readiness Program for mobilization of morale: Ministry of Education
2. Readiness Program for mobilization of Manpower resources: Ministry of the Interior
3. Readiness Program for mobilization of Material And Economic resources: Ministry of Economic Affairs
4. Readiness Program for mobilization of financial resources: Ministry of Finance
5. Readiness Program for mobilization of transportation: Ministry of Transportation and Communications
6. Readiness Program for mobilization of public Hygiene: Department of Health, Executive Yuan
7. Readiness Program for mobilization of Technological: National Science Council, Executive Yuan
8. Readiness Program for military mobilization: Ministry of National Defense

Article 10

The Mobilization Committee for the authorities in charge of the Mobilization Readiness Program should be established to carry out the following tasks:
1. Stipulation of the Mobilization Readiness Program and Review of Mobilization Readiness Classification
2. Overall coordination and implementation of the resolutions approved by the Executive Yuan Mobilization Taskforce
3. Coordination between Government and Military for Administrative Mobilization Readiness support of Military Mobilization Readiness
4. Implementation of operations under instructions of the Executive Yuan Mobilization Taskforce and Review of Act
5. Review of Implementation planning by municipal city governments and county (city) governments
The Mobilization Committee mentioned above should be established with one chairman and several members, in addition to one executive secretary; the chairman position is held by the organizational director and the members and executive secretary are assigned by the organizational director. Other related divisions and dedicated personnel should also be assigned for Mobilization Readiness tasks.

Article 11

The Executive Yuan shall correspondingly assign its subsidiaries as the authorities of Mobilization Readiness Classification with tasks according to their attributes as follows:
1. Coordination for stipulation and initiation of Mobilization Readiness Classification according to Mobilization Readiness Guidelines and the Mobilization Readiness Program
2. Coordination between Government and Military for Administrative Mobilization Readiness support of Military Mobilization Readiness
3. Implementation of Mobilization Readiness proceedings assigned by the Executive Yuan Mobilization Taskforce
The authorities of Mobilization Readiness Classification should assign dedicated units and personnel for Mobilization Readiness proceedings and follow the suggestions made by the authorities of the Mobilization Readiness Program.

Article 12

Municipal city governments and county (city) governments should establish Mobilization Committees for the following tasks:
1. Implementation of the resolutions approved by the Executive Yuan Mobilization Taskforce
2. Stipulation of implementation planning according to Mobilization Readiness Classification
3. Coordination between Government and Military for Administrative Mobilization Readiness support of Military Mobilization Readiness
4. Coordination of overall General Coordination Organization All-Out Defense Capabilities for implementation operations
5. Implementation of Mobilization Readiness proceedings assigned by the authorities of Mobilization Readiness Classification
The Mobilization committee should be established with one chairman, who shall be the mayor of the municipal city or county (city) and one to two vice chairmen, who shall be the vice may or of the municipal city or county (city) and/or secretary-general; several members and one secretary-general are to be assigned from internal staff, professionals or scholars. Dedicated units and personnel should also be assigned for the tasks of Mobilization Readiness proceedings and regular meetings.
County (city) governments may assign dedicated units and personnel from the subsidiary town offices or district offices for related mobilization readiness proceedings.

Chapter III Mobilization Readiness System

Article 13

During the Mobilization Readiness Phase, the authorities of the Mobilization Readiness Classifications and municipal city governments and county (city) governments should conduct investigations and planning for possible manpower resources, material resources, technology, facilities, and transportation tools as well as facilities for mobilization, and then verify their validity with drills.

Article 14

In order to propagate All-out National Defense, the authorities in charge of mobilization of morale should integrate school education into public media for the cultivation of the ideology of patriotism and national security. Meanwhile, municipal city governments and county (city) Governments should also include this topic in their policy statements.
For the purpose of integration of national security knowledge into school education, the Ministry of Education should stipulate the regulations related to military training curriculum. Moreover, in coping with the requirements for the Mobilization Implementation Phase, the Government Information Office should stipulate relevant regulations for enterprises and practitioners in the public media industry.

Article 15

For human resource sufficiency in the Mobilization Implementation Phase, the authorities in charge of mobilization of human resources should conduct investigations, calculations and organization of professional citizens, civil defense forces, volunteer firefighters and volunteer disaster rescuers, as well as of arrangement planning for school youths, retired veterans, and those who had been injured during wars.
All of the municipal city governments and county (city) governments have to cooperate with the proceedings mentioned above; the related enterprises and organizations should provide support and relevant resource information about important professional personnel.
The civil defense works that are related to military services will be supervised by the Ministry of the Interior and the Ministry of National Defense in the Mobilization Readiness Phase.During the Mobilization Implementation Phase, the Ministry of National Defense will coordinate with the Ministry of the Interior for the utilization of civil defense forces as military service support.
For the requirements of the Mobilization Implementation Phase, the Ministry of National Defense should stipulate regulations for resource allocation of military human resources.

Article 16

For sufficient supplies of military, industrial and basic livelihood demands during the Mobilization Implementation Phase, the authorities in charge of mobilization of material resources should estimate future requirements, complete investigations and calculations of important material resources and fixed facilities, and select some important material resources for strategic material stockpiles; the municipal city governments and county (city) governments should provide cooperative support.
Related public and private sectors of enterprises and organizations should provide support and relevant resource information about strategic materials and make sufficient stockpiles to the stock control levels regulated by the Ministry of Economic Affairs.
Regulations about contents, stock levels, investigations and stockpiles of strategic materials, as well as investigations of fixed facilities and allocation arrangement of daily necessities, should be prescribed by the authorities of mobilization of material resources.
The Ministry of Economic Affairs should stipulate emergency contingency measures, as well as maintenance and repairs proceedings, for petroleum, power and water supplies.
For the requirements of the Mobilization Implementation Phase, the Ministry of National Defense should stipulate the regulations governing requisition, purchase and compensation of material resources and fixed facilities.

Article 17

For the purpose of rooting the National Defense Industry among the private sector, the Ministry of National Defense should integrate the military and public/private sectors into a National Defense Industry Mobilization Production System in collaboration with the Ministry of Economic Affairs for the development of the National Defense Industry and investigations on Military Supply Capacity in the military and public and private enterprises. When necessary circumstances, some National Defense Industrial Plants will be commissioned for conversion contracts of supplies in compliance with the prescribed operation specifications.
The commissioned plants mentioned above should participate in military drills.
The rules governing contract conversions, military drills and confiscation should be prescribed by the Ministry of National Defense.

Article 18

For stabilization of financial orders and capital allocations during the Mobilization Implementation Phase, the authorities in charge of mobilization of financial resources should stipulate regulations regarding war expense funding, budget balancing and foreign exchange controls.

Article 19

For enhancement of transportation capacity during the Mobilization Implementation Phase, the authorities in charge of mobilization of transportation should plan the readiness proceedings for land, water and air transportation and enhance the planning and drilling for ship outfitting and loading & unloading operations, as well as mobilization readiness operations of airports and navigation aids and training of emergency repairs.
The owner of that ship should cooperate with the ship outfitting matters mentioned above.
For the requirements of the Mobilization Implementation Phase, the Ministry of National Defense should work with the Ministry of Transportation and Communications and the Ministry of the Interior regarding the rules governing Military Mobile Traffic and Military Supplies Transportation in the Mobilization Implementation Phase.
When under a blockade, the mechanism of emergency acquisitions and shipping controls of foreign-purchased materials should be prescribed by the Executive Yuan and other related authorities.

Article 20

For the enhancement of mobility and maintenance capacities during the Mobilization Implementation Phase, the authorities in charge of mobilization of transportation should conduct regular investigations, calculations and corrections for vehicles, sea vessel, aircrafts, engineering equipment, repair shops and operational personnel.
The owners and the keepers of the vehicles, sea vessel, aircrafts, engineering equipment and repair shops mentioned above should provide their full support and related resource information.
The contents, investigation procedures, controls and utilizations of the vehicles, sea vessel, aircrafts and engineering equipment should be prescribed by the authorities in charge of mobilization of transportation.

Article 21

For the enhancement of communication capacity during the Mobilization Implementation Phase, the authorities in charge of mobilization of transportation and communications should conduct inspections and calculations for public and private sectors in industries of controlled communication materials, telecommunication enterprises and dedicated telecommunications, as well as the mobilization readiness proceedings of unified communications controls and facility protection.
The public and private sectors in industries of controlled communications materials, telecommunication enterprises and dedicated telecommunications mentioned above should provide their full support and related resource information.
The related combat readiness governing public and private sectors for supporting military controls of regulations should be prescribed by the Ministry of National Defense and the Ministry of Transportation and Communications.

Article 22

In coping with the emergency medical care system during the Mobilization Implementation Phase, the authorities in charge of mobilization of health should complete the related measures for investigations and calculations of medical organizations, facilities and personnel, as well as temporary medical care centers and evacuation contingencies. All of the municipal city governments and county (city) governments should fully cooperate.
The public and private medical organizations mentioned above should provide their full support and related resource information.

Article 23

In coping with wars and disasters, the authorities in charge of health in the municipal city governments and county (city) governments should integrate policies for counseling public and private hospitals to carry out the stockpiling of medicines and medical instruments for major injury care.
All of the public and private hospitals should cooperate and provide support for the medicines stockpiles and medical instruments mentioned above.
The related stockpiling of medicines and medical instruments governing items, quantities, renewals and mobilization of regulations should be prescribedThe related stockpiling of medicines and medical instruments governing items, quantities, renewals and mobilization of regulations should be prescribed by the Department of Health, Executive Yuan and the Ministry of National Defense.

Article 24

For the enhancement of National Defense science and technology capacity, the authorities in charge of mobilization of science and technology should integrate the industries, academics and research institutes for R&D mechanism of Weapon Systems and conduct investigations, calculations and organization of industries, academics and research institutes for the establishment of a manpower resources database.
The related industries, academics and research institutes should provide their full support and their manpower resources database mentioned above.
The related Science and technology talents supporting military services of regulations should be prescribed by the authorities of mobilization of science and technology.

Article 25

For the quick formation of troops for effective defense during the Mobilization Implementation Phase, the authorities of mobilization of military services should proceed with arrangement, training and counseling of reserve forces.
For any requirements of military mobilization, the authorities of Administrative Mobilization should provide their full support and participate in military drills.
The establishment regulations of counseling organizations for organizing, training, serving, and assisting with reserve forces and their related rights and interests should be prescribed by the Ministry of National Defense.
Since the day of its promulgation on November 14, 2001, any personnel who gets injured or disabled or dies during training or serving while participating in counseling organizations for reserve forces should be compensated based on the clauses stated in Article 36.

Chapter IV Mobilization Drills, Purchases , Requisition and Compensation

Article 26

In order to verify the status of the all-out defense mobilization system, the authorities of mobilization of the mobilization readiness program may request that necessary drills be held by the authorities of the mobilization branch plans, supported by the Ministry of National Defense and related organization. If necessary, public and private industries should also participate in such drills as requested.
Designated public and private industries should cooperate and participate in the drills.
Municipal city governments and county (city) governments should cooperate for the implementation of the drills f Paragraph 1.

Article 27

For the purpose of maintaining and verifying the mobilization effectiveness, the Ministry of National Defense and the other authorities of legally armed forces may conduct exercise and training in permanent or temporary areas within the territory of the R.O.C.
The drill areas mentioned above should be declared and reported to the related organizations by the Ministry of National Defense and the other authorities of legally armed forces, as well as the Ministry of the Interior.
The central authority, municipal city governments and county (city) governments should cooperate and participate in the exercise of Paragraph 1.

Article 28

The authorities of the drills may purchase and requisition citizens’ properties and draft material operators with the corresponding compensation when necessary. The cooperation of the civil properties for the drills may be conducted under contract commissions.
The authorities of the drills should report the planning of Drafting, Requisition, Purchase of materials and related compensation to the Executive Yuan Mobilization Committee for approval.
The owners or operators of the properties for Drafting and Requisition should timely provide the properties to the assigned places.

Article 29

The properties exempted from Drafting and Requisition are as follows:
1. Those owned by organizations or personnel with diplomatic immunity authorized by the Ministry of Foreign Affairs
2. Those required for public duties by governmental organizations
3. Those places, buildings and facilities employed by libraries, sanatoriums and other charities
4. Those required for citizens’ daily necessities
5. Those proclaimed by the Executive Yuan

Article 30

The authorities conducting drafting, purchase and confiscation should issue requisition orders to command owners or operators to turn in their properties; the drilling units have to fill out receipts listing material names, quantities, degrees of newness and appraisals; in the case of requisition, the service durations have to be listed for materials being returned to owners and operators.
Repeated purchases or requisition from the same material owners or operators within the same year should be conducted only with the owners or operators’ agreement; patented or excluded commodities or those in the drilling areas are not limited.

Article 31

The compensation for material purchases and requisition should be appraised with reference to market prices and depreciation status by municipal city and county (city) governments, owners and operators and other related associations.

Article 32

As soon as the causes for requisition of materials no longer exist, the exercise authorities shall derequisition the materials and return them to the original owners or operators at the locations where the requisitioned materials were delivered.

Article 33

In case of damages to the confiscated materials, the drilling authorities are responsible for repairs; un repairable, damaged or lost property should be dismissed and compensated at the time of dismissal.
The compensation has to be made by the drilling authorities within six months after investigation confirmation.

Article 34

General Coordination Organization All-Out Defense Capabilities may be drafted by the drilling authorities when necessary, while the drafted ones should be notified by written requisition orders 10 days before the date for reporting to duty.
The drafted General Coordination Organization All-Out Defense Capabilities mentioned above should report to duty at the designated locations.
Forces exempted from Drafting are as follows:
1. Those running businesses in agricultural, industrial and commercial industries by oneself and who would fail to support business operations once drafted
2. Those with families who would fail to support themselves once drafted
3. Those in bad health conditions for military drills
The rules and regulations governing General Coordination Organization All-Out Defense Capabilities drafting should be prescribed by the Ministry of National Defense in coordination with other related authorities.

Article 35

The drafted civil forces should be supplied with accommodations, transportation or alternative payments.
The proceeding personnel should be considered on paid leave by their service institutions, schools, groups, companies or factories.

Article 36

Personnel who get injured and physical or mental impediment or die during drills should be compensated based on their original job positions.
For those not able to be compensated as above, the following regulations may be applied:
1. Those injured and ill: taken to hospitals for treatment paid by the drilling authorities or by the requisitioning authorities if during the mobilization implementation phase.
2. The physical or mental impediment: compensated with a one-time payment as follows:
(1) Extremely severe and severe degree: 36 basis points
(2) Intermediate degree: 18 basis points
(3) Mild degree: 8 basis points
3. Deceased: compensated with a one-time payment of 90 basis points
4. Those who died of injuries and illnesses or disabilities should be compensated with a one-time payment of the basis points mentioned above.
For the purpose of this Article, the amount of one basis point shall not be less than that of a monthly remuneration of an annual remuneration payable to a civil servant of the fifth post rank.
When any payment already claimed under the first paragraph herein is lower than that specified in Subparagraphs 2 through 4 of the second paragraph shall be made up the deficiency to the claimant.
Payments to be made under the second paragraph and the deficiency to be made up as provided in the preceding paragraph of Article shall be issued by the drilling authorities or by the requisitioning authorities if during the mobilization implementation phase.

Article 37

The sequence of the bereaved family members claiming the compensation based on Clause 2 is as follows:
1. Spouse and Children
2. Parents
3. Grandparents
4. Grandchildren
5. Siblings
Should there be more than one bereaved family member with the same priority; the compensation amount shall be evenly distributed to all of them. In case of any abandonment or loss of claims due to legal causes, the rest of the bereaved family members should share the compensation. In case of no claims for the same priority, the compensations shall go to the bereaved family members of the next priority instead.
The beneficiary priority should follow the testaments of the drilling personnel, if any.

Article 38

The claim rights of the compensations prescribed in Article 36 shall be invalidated if not claimed within two year after their effective dates.
The above-mentioned rights for applying the compensation and claims shall not be permitted to be used for assignment attachment set-off mortgage or guarantee.

Article 39

The related period of drills governing materials purchases, requisition, Compensation and dismissal of regulations should be prescribed by the Ministry of National Defense in coordination with relevant authorities and reported to the Executive Yuan for approval and promulgation.

Chapter V Commendation and Penal Provisions

Article 40

Authorities with factual evidence of excellent performances on mobilization readiness operations deserved a commendation.

Article 41

Any violation against Article 17 Paragraph 2, Article 19 Paragraph 2, Article 26 Paragraph 2, Article 28 Paragraph 3 or Article 35 Paragraph 2 without any justified reasons shall be fined up to NTD$ 3,000,000 as a penalty.

Article 42

Any violation against Article15 Paragraph 2, Article 16 Paragraph 2, Article 20 Paragraph 2, Article 21 Paragraph 2, Article 22 Paragraph 2, Article 23 Paragraph 2 or Article 24 Paragraph 2without fulfilling obligations within a given time limit shall be subject to a penal sum not less than NT$30,000 and not greater than NT$150,000. for each violation.

Article 43

Any violation against Article 34 Paragraph 2 without any justified reasons shall be fined NTD$ 20,000-100,000 as a penalty.

Article 44

The fine executed under this Act shall be paid within specified time limit; otherwise, the case will be transferred to related departments for coercive execution according to the law.

Chapter VI Supplementary Provisions

Article 45

The budgeting of the authorities’ expenses for mobilization readiness operations should be conducted and processed based on budgeting procedures.
The budgeting of the municipal and county (city) governments’ expenses for investigations and drills in cooperation with the rules of this act should be planned by the authorities of mobilization branch plans.

Article 46

Any mobilization readiness operators who are aware of any national security information or other personal trade secrets are to be held accountable for confidentiality obligations.

Article 47

The enforcement rules of this Act are prescribed by the Executive Yuan.

Article 48

This Act will be put into practice from the date of promulgation.