Conscription Regulations for Naturalized Aliens & Returning Overseas Chinese

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0040005

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Article 1


These Regulations are duly enacted in accordance with Article 23 of the Conscription Law.


Article 2


A naturalized male alien within the range of conscription age shall be subject to conscription enlistment according to law upon expiry of one-year period beginning the day next to his initial household registration.


Article 3


A draftee-to-be in the status of an Overseas Chinese having previously established household registration in the Republic of China shall be subject to conscription enlistment according to law upon expiry of one-year period beginning the day next to his return to the Republic of China.
A draftee-to-be in the status of an Overseas Chinese having not established household registration in the Republic of China previously shall be subject to conscription enlistment according to law upon expiry of one-year period beginning the day next to his initial household registration following his return to the Republic of China.
A returning Overseas Chinese subject to conscription enlistment falling within two preceding paragraphs may fill out application for deferred enlistment and apply to the Hsiang (township, city, district) government to be referred to the municipal, county (city) government for approval for deferred enlistment if meeting any of thefollowing:
1.Having applied for investment in accordance with Statute Governing Investigation by Returning Overseas Chinese, having been approved and already enforced the investment amounting to NT$10 million minimum (or equivalent value of other currencies), as verified by a certificate issued by the competent authority in charge of the target businesses.
2.Having served as the general manager, plant manager, general engineer or a specialized professional engineer in a business entity operated by Overseas Chinese, as verified by a certificate issued by the competent authority in charge of the target businesses.
3.Having served a key department head in a branch (including office) of an accredited foreign bank or having been a financial specialist, as verified by a certificate issued by the competent authorities in charge of banks.
4.Having been denied entry by the government of the foreign country of his residence, or forced to return to the Republic of China for temporary stay due to political, economic factors in the extraordinary environments in his residence abroad or having been unable to return to his residence abroad due to war there, as verified by a certificate issued by the competent authority in charge of foreign affairs or overseas affairs.
5.Having been unable to return to his residence abroad due to pending litigation which he must manage in person, as verified by a certificate issued by the judicial authority.
The deferred enlistment set forth in each clause of the preceding paragraph remains valid until the cause ceases to exist except the cases in Clause 4 which are up to three years maximum, and in Clause 5 which are up to three (3) months maximum. In a case under Clause 5 where the Overseas Chinese calls for continuing deferred enlistment after expiry due to occurrence of an extraordinary cause as verified by the judicial authority, he shall apply for deferred enlistment afresh in accordance with the aforementioned
requirements.


Article 4


The expiry of one-year period set forth in Paragraphs 1 and 2 of the preceding article shall meet any of the following requirements:
1.Having continually resided for one year in full.
2.Having resided for three times of four months period minimum each in case a draftee-to-be born in the year before 1984.
3.Having resided for up to 183 days minimum in accumulation during the period of January 1~December 31 of every year for two years in case a draftee-to-be born in the year after 1984.
In case of a draftee-to-be as an Overseas Chinese returning for schooling, the period conforming to the requirements of deferred enlistment shall not be counted into the period of residence.


Article 5


These Regulations governing returning Overseas Chinese are equally applicable to a draftee-to-be in the capacity of an Overseas Chinese returning in a foreign passport.
These Regulations governing returning Overseas Chinese are equally applicable to male Overseas Chinese returning from Hong Kong, Macao meeting any one of the following as verified by a certificate issued by the competent authority in charge of Overseas Chinese affairs:
1.Having returned from Hong Kong and completed the initial household registration prior to July 1, 1997 or returned from Macao completed the initial household registration prior to December 20, 1999 in the capacity of an Overseas Chinese and having obtained permanent resident permit of the said regions.
2.Born in Taiwan with household registration duly established, having resided for four years minimum in Hong Kong since July 1, 1997 or in Macao since December 20, 1999 and having obtained permanent resident permit of the said regions.


Article 6


One having been approved of deferred enlistment shall declare to the Hsiang (township, city, district) government within thirty days from the day next to extinguishments of the cause for deferred enlistment or next to expiry of the cause for deferred enlistment.


Article 7


The capacity of a returning Overseas Chinese shall be judged on the grounds of conscription-oriented Overseas Chinese certificate issued by the competent authorities in charge of Overseas Chinese affairs or the passport bearing endorsement of Overseas Chinese status.


Article 8


The documents, formats covered in these Regulations shall be established by the Ministry of the Interior.


Article 9


These Regulations come into effect upon the date of promulgation.