Enforcement Regulations for Draft Exemption, Restriction, Deferred Call & Draft

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0040004

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Chapter 1 General Articles

Article 1

These Regulations have been incorporated pursuant to Article 41 of Bylaws of Conscription Law.

Article 2

All men reaching conscription age who should be drafted to regular service during active service and military training or substitute service (hereinafter to be referred to as the draftee), reservists and replacements may be duly subject to deferred call or draft shall be called and drafted if and when as deemed necessarily by Ministry of Defense (MOD) and provided with the approval from Executive Yuan to entirely or partially suspend accepting all the deferred call and draft depending on the order of conscription age or the rating of the nature of academic institutes after the results of coordination among MOD, Ministry of Interior (MOI) and all agencies involved have been reported to Executive Yuan.
The call or draft may be carried out during summer vacation or winter vacation for the students with deferred call or draft revoked.

Article 3

Any draftee who is transferred to the jail or correction institute for being sentenced with an imprisonment or adjudged with a correction disposition and such sentence or judgment becomes final, the judicial institute (military court) shall notify the conscription agency or unit at the local city or county government where the household registration of the draftee is maintained to register such sentence or judgment; the same governs in the event the draftee has been amnestied, reduced sentence, probated, pardoned from doing the rest of the term, or has done the term.

Chapter 2 Exemption from Conscription

Article 4

When rated for his grade of physical condition as exemption from conscription examination by the city/county government, the draftee shall be duly exempted from taking military service.

Article 5

Any draftee having not yet perform his conscription obligation is justified for cause of exemption of military service as determined in conscription physical examination, the draftee shall apply for changed rating of physical condition pursuant to conscription regulations; the same shall apply to the case of any reservist draftee of substitute services.

Article 6

If any cause of exemption from military service happens to any reservist or replacement, he shall complete an application form submitted together with a certificate of diagnosis issued by a medical institute to the originator unit of MOD in care of local public office (of Town, City, or District) where his household registration is maintained. The submittals then will be sent to a national army hospital for verification.
Upon answering the call, any reservist showing significant disabled or sick condition and is determined not competent for taking military service by a military medical officer, the medical officer will execute to the reservist a certificate of incompetence. The MOD originator unit then submits a list to the army hospital for review; and if the results of review indicate that the reservist is qualified for the exemption, the army hospital will report it to the authorities for official approval accordingly.

Article 7

In the event that any in-service found with the cause may be justified for exemption of military service when verified as true and correct by an army hospital, the service unit of the in-service shall first suspend his service before transferring the case to the originator unit of MOD at where the household registration of the in-service is maintained to seek the official approval of the exemption.
For any draftee serving the substitute service found with the cause may be justified for exemption of the service when verified as true and correct by a review hospital, MOI shall suspend his service as authorized and notify the suspension to all units concerned while the local government shall carry out the official approval of the exemption accordingly.

Article 8

In the event that the class of physical condition of a draftee is determined as qualified of exemption of military service and the determination is later overruled according to the results of a review hospital, the exemption shall be revoked by the original unit having made the determination while drafting (calling) the draftee to perform the military service depending on the class of physical condition newly determined.

Chapter 3 Restriction of Service

Article 9

For any draftee restricted from taking military service pursuant to Clause 1 of Paragraph 1 of Article 5 of Conscription Law, the judicial (military) court shall within forty-five (45) days after the judgment becomes final notify the local government to process accordingly.
For any draftee restricted from taking military service pursuant to Clause 2 of Paragraph 1 of Article 5 of Conscription Law, the local government shall process as notified by the judicial (military) court.
In either of the events as described in the preceding two paragraphs, if the application is filed by the draftee in person or the household head of his family with the Public Office at where the household registration of the draftee is maintained, the applicant shall submit the written judgment, letter of command of enforcement and the imprisonment certificate to the local government in care of the Public Office to process accordingly.

Article 10

If the restriction of military service is approved pursuant to Clause 1 of Paragraph 1 of Article 5 of Conscription Law, and the first judgment is changed to a sentence of imprisonment for a term not longer than five (5) years or the announcement of not guilty after the revision trial or extraordinary appeal, the judicial (military) court shall within forty-five (45) days after the judgment becomes final notify the local government to process as follows:
1. If the draftee has not yet performed his conscription duty, the restriction of military service upon the draftee shall be waived and a later draft shall be served to the draftee.
2. If the draftee is a reservist draftee of substitute services, the restriction of military service shall be waived.
3. If the draftee is a reservist or a replacement, MOD shall be notified to cause its originator unit to life the restriction of military service.
Article 9 shall govern in the event that the draftee as referred in the preceding paragraph is qualified with those conditions of restriction of military service defined in Clause 2 of Paragraph 1 of Article 5.

Chapter 4 Deferred Draft

Article 11

In the event that any student files the application for a deferred draft pursuant to Clause 1 of Paragraph 1 of Article 35 of Conscription Law, the school the student is attending shall respectively produce a list of students applying for deferred draft according to the place of household registration of the student and submit the list within one (1) month upon the deadline of enrollment to seek the approval from the local government.
Ministry of Education shall set forth the procedure for the application for the deferred draft as described in the preceding paragraph.

Article 12

If the student is served with the conscription order at a time before the school has submitted the list of students applying for deferred draft to the local government, the school may execute a certificate to the student, the household head of the student, or his family to present the certificate for applying for the deferred draft with the local government in care of the Public Office at where the household registration of the student is maintained.

Article 13

Upon receiving the list of students applying for deferred draft delivered by the school, the local govern shall duly approve the application if there is the absence of any of those events specified in Article 15 while returning one copy of the list to the applicant school.
Notwithstanding the foregoing, those draftees who voluntarily receive military training during their winter or summer vacation while attending colleges or institutions of higher education shall still be subject to be drafted.

Article 14

The school shall within one (1) month upon the deadline of the enrollment set for then next semester produce and submit a list of the students approved with the deferred draft for extended year of studies to the local government to maintain the deferred draft.
An application for the renewal of the deferred draft shall be filed by the student referred in the preceding paragraph whose years of studies already approved is affected by the fact that the student is flunked, restored for studies, transfer to other school, section or department.

Article 15

No deferred draft will be granted to any student who should be subject to the draft of an active service when found with any of the following events:
1. The school he attends is not a duly accredited by the education regulating authorities.
2. The academic register fails to comply with those requirements set for by education regulating authorities.
3. The draftee having already graduated from a high school or above has registered to study at a school not higher than that of the school the draftee has graduated from without the prior approval by MOI.
4. Having not yet graduated from a supplementary school, which is at the same level of institutions of higher education or lower, after reaching his full age of twenty-eight(28).
5. Having not yet graduated from a school other than that mentioned in the preceding section after reaching his full age of thirty-three(33)

Article 16

In any of the following events, the cause justifying the deferred draft for any student already approved with the deferred draft shall cease to be:
1. The student is graduated.
2. The student has suspended his studies, dropped out of the school or is deprived of his study register.
In the event that any student having suspended his studies, dropped out of school or been deprived of his student register as described in Clause 2 of the preceding paragraph, the school the student was attending shall within thirty (30) days upon the student is separated notify the local government where the household registration of the student is maintained to waive the approval of the deferred draft and to duly draft the student to take active service.

Article 16-1

The students who were granted deferred draft but subsequently voluntarily received military training during their winter or summer vacations shall have their deferred call revoked if either of the following events occur:
1. The student is a reservist upon completion of the training; or
2. The student had spent more than 30 days in the military when the training was suspended, and the student has been listed as a replacement service draftee; In which case the municipal or county (city) government where the relevant student ’ s household registration is maintained shall notify the local (town, city, or district) public office of the student ’ s name and to record such name in the Household Registration and Conscription Information System.

Article 17

The application for a deferred draft pursuant to Clause 2 of Paragraph 1 of Article 35 of Conscription Law shall be processed pursuant to the following requirements:
1. If the draftee is prosecuted for committing a crime with a principal sentence not less than an imprisonment, the draftee, the household head or his dependent in the course of the conscription register investigation held for then current year, the application shall be filed with the local government for approval in care of the Public Office where the household registration of the draftee is maintained. If any new cause justifying a deferred draft exists only after the conscription register investigation, the application for a deferred draft may be filed at any time.
2. If the draftee is sentenced to an imprisonment and is serving his term, the judicial (military) institute shall produce a list to notify the local government where the household registration of the draftee is maintained for the approval. A renewal of notice for processing the deferred draft shall be served to the local government for the draftee who has already been approved with the deferred draft and is transferred to the jail for serving his term.
Clause 2 of the preceding paragraph may be applicable for the deferred draft applied for by any draftee who is referred to a correction or security disposition.

Article 18

The cause justifying a deferred draft approved under Article 17 hereof shall cease to be in any of the following events:
1. A disposition of not prosecuted become final;
2. An judgment of not guilty, a discharge, a remission, or a rejection of an alleged accusation becomes final;
3. A probation of for the verdict become final;
4. A parole is approved before the completion of the imprisonment;
5. The imprisonment is completed or pardoned; or
6. The reference to correction or security disposition has been completed or a remission is granted and there is no other imprisonment pending to be served.
Upon the cause justifying a deferred draft ceases to be as described in the preceding paragraph, the draftee or his household head shall within thirty (30) days voluntarily declare with the local Public Office where the household registration of the draftee is maintained. Upon receiving the docket file, the judicial (military) institute shall within forty-five (45) days produced and deliver a list to notify the local government where the household of the draftee is maintained to waive the approval for the deferred draft, and the draftee shall be duly drafted.

Chapter 5 Deferred Call

Article 19

The patient provided incompetent to handle combat operation as referred in Clause 1 of Paragraph 1 of Article 41 of Conscription Law relates to a replacement service draftee or a reservist who suffers major ailment, is injured or handicapped and whose grade of physical condition is not qualified as that of a regular services draftee.
The draftee as referred in the preceding paragraph may file in person, or by his household head or dependent the application for a deferred call submitted together with a certificate of diagnosis executed by an examination/review hospital approved by the Department of Health to the originator authorities of MOD for approval; if the applicant has received the call order, the application for deferred call shall be filed with the originator authorities of MOD for approval in care of the unit serving the order of call.

Article 20

The national defense industry referred in Clause 2 of Paragraph 1 of Article 41 of Conscription Law is comprised of the following types:
1. Any industry of national defense necessity directly operated by MOD or its agencies;
2. Any public or private industry included in the mobilization program of national defense necessity industry owned by MOD;
3. Public and private industries undertaking military projects owned by MOD and its agencies;
4. Any dynamo-institute required to maintain national defense;
5. Any institute of resources development and refinery for supplies required to maintain national defense;
6. Any important institute of supplying water required by consumer and national defense; and
7. Key production industries in national defense mobilization during the war.
Any public or private industry falling in any of those types described in the preceding paragraph may present related information to file with MOD in care of the regulating authorities of business entities for that industry at the central level for recognition as an institute of national industry with authorized deferred call.

Article 21

Any active professional technician working in a national defense industry as referred in Clause 2 of Paragraph 1 of Article 41 of Conscription Law shall meet the following qualification requirements:
1. He has been employed for one (1) full year by the institute of national industry with authorized deterred call; and
2. His function as a professional technician is not replaceable by others.

Article 22

Any institute of national defense industry with authorized deferred call shall produce a list including all professional technician functions complying with the requirements specified in Paragraph 2 of Article 21 and submit the list to apply for the approval with MOD in care of its regulating authorities of business entities at the central level; the same governs in case of changed job title and/or organizational system of the title of the institute or the professional technician functions.
MOD may seek advices from any institute concerned as applicable before deciding whether the approval will be granted for the application filed under the preceding paragraph.

Article 23

The deferred call authorized institute of national defense industry shall produce a list of employee who is a draftee and may be qualified for a deferred call, and submit the list together with documents as required to apply for the approval with the MOD originator unit at where the household register of the draftee is maintained.
The MOD originator unit shall visit from time to time at the institutes of national defense industry with authorities deferred call that are located within its jurisdiction, and shall report to MOD to disqualify any institute with authorized deferred call upon identifying any wind-up, suspended operation, changed nature of operation, or terminated undertaking contract.

Article 24

Any active teacher of national school referred in Clause 3 of Paragraph 1 of Article 41 of Conscription Law relates to a full-time teacher at a public school currently established by education regulating authorities, or accredited private national elementary school or national junior high school. According to the same Subparagraph 3, any teacher having being employed for one (1) year or longer, his/her previous service years in case of any interruption shall be accountable and incorporated accordingly.
Since August 1st 2014, any full-time teacher at an accredited junior high school is allowed to file a deferred call application according to the preceding paragraph.
Any teacher referred in the preceding paragraph who may be entitled with a deferred call shall file the application for a deferred call by submitting documents of academic background and work experience with the MOD originator unit for approval in care of the school he is teaching.

Article 25

The bread earner referred in Clause 4 of Paragraph 1 of Article 41 of Conscription Law relates to that all his dependents are respectively of age either under 20 (included) or over 60 (included), or handicapped, mentally or physically, and the absence of any other dependent to take care of his family.
Any draftee entitled with a deferred call as provided in Clause 4 of Paragraph 1 of Article 41 of Conscription Law shall within the term published by MOD apply by submitting documents with the Public Office where the household registration of the applicant is maintained to seek approval from the MOD originator unit in care of the local government.

Article 26

The dependent referred in the first paragraph of Article 25 shall be limited to the following persons:
1. Direct blood;
2. Spouse or parents-in-law;
3. Siblings.
Siblings as specified in Clause 3 may be entitled with a deferred call shall be limited to those who have already completed the household registration before reaching his full age of eighteen (18).
Any of those dependents defined in Paragraph 1 when found with any of the following events shall be excluded:
1. Retained, in jail, under mandatory training, correction, security disposition, treatment of addicts under observation, or mandatory treatment;
2. Listed as a missing person;
3. Having already been accepted by public charity institute.
In the event that any of those events in the preceding paragraph has ceased to be before the bread earner t is called to active service, the status of his dependent shall be restored.

Article 27

In the event that two brothers are served the mobilization order or temporary call order at the same time, they shall negotiate and agree to elect one to function as the bread earner to apply for the deferred call pursuant to Item 2 of Clause 4 of Paragraph 1 of Article 41 of Conscription Law; should the negotiation fail and both have filed the application for the deferred call, one shall be approved depending on the specialty as required by military purpose. In either case, the date of reporting to active service may be extended, as long as the application for the deferred call is pending approval.

Article 28

Any adopted son applying for a deferred call pursuant to Clause 5 of Paragraph 1 of Article 41 of Conscription Law shall be limited to the fact that the applicant has been adopted under the Civil Code and registered on the household registration.
The application for the deferred call as referred in the preceding paragraph shall be submitted together with documents as specified within the term published by MOD to the local Public Office at where his household registration is maintained to seek approval from the MOD originator unit in care of the local government.

Article 29

The following procedure shall govern the application for a deferred call under Clause 6 of Paragraph 1 of Article 41 of Conscription Law:
1. Any one receiving the order of call at a time when he is under prosecution or retained for a crime subject to imprisonment to its maximal gravity shall apply either in person or by the household head of his family for the deferred call with the MOD originator unit located at where his household registration is maintained.
2. The deferred call for any one who is serving his imprisonment shall be processed as notified by the judicial (military) institute.

Article 30

Any one qualified for a deferred call fails to file the application for the deferred call within the time or according to the procedure specified, MOD originator unit may reject the application: Provided, however, that when the cause justifying the deferred call takes place at a time after the term specified, the application shall be filed by submitting documents specified within one (1) month upon the next day immediately following that of the cause takes place.
If a later correction is allowed for any insufficiency in the submittals or any noncompliance with the procedure specified for the documents specified in the application for a deferred call, the attending authorities shall notify the applicant to correct within seven (7) days. Any absence of making the correction or the correction is incomplete within the time specified will cause the application to be rejected by the MOD originator unit.

Article 31

For any one approved with a deferred call and the cause justifying such deferred call remains existing upon the expiry of the term of the deferred call approved, he may submit the certificate of deferred call and support documents to apply for an extension for the deferred call by following the same procedure in applying for the original deferred call to seek the approval from the MOD originator unit.

Article 32

MOD may depending on the nature and military purpose respectively specify the conscription age, subject, scope and length of approval for those events permitting deferred calls as provided in Paragraph 1 of Article 41 of Conscription Law.

Article 33

MOD shall define the duration of the year of deferred call and the solving of the conscription age shall be made pursuant to conscription regulations.

Chapter 6 Special Articles

Article 34

In the event that any draftee applying for exemption or restriction of military service, or for a deferred call or draft when approved by the local government or the MOD originator unit, the approval institute shall issue to the draftee a certificate or resolve to Article 13 hereof. A list shall be produced to include any draftee rejected with his application for an exemption or restriction of military service or a deferred call or draft shall be individually so notified to him in person or to the household head of his family in care of the local Public Office, institute or school as the case may be.
Upon approving or rejecting an application as described in the preceding paragraph, the originator authorities shall produce lists to respectively notify all institutes concerned.

Article 35

Each year upon completing the routines of applications for exemption or restriction of military service, or deferred draft or call, the local governments and the MOD originator units shall produce the statistical statement separately by the nature of the application and submit the same to MOI and MOD, while communicating the same to one another for reference.

Article 36

Any objection to the decision of the application for exemption or restriction of military service, or the deferred draft or call, shall be submitted in writing an application for review attached with valid documents within thirty (30) days upon the next day immediately upon receiving the certificate or notice to the local government in care of the local Public Office for review if the draftee has not yet performed his obligated service and substitute service; or to the MOD originator unit for review by following the same procedure in filing the application for the approval in case of a reservist. Unless provided with a special case, the application for a review shall be accepted for one time.

Article 37

While the application for review of the decision on the application of exemption or restriction of military service, or the deferred draft or call is pending, the enforcement of a draft or a call will not be suspended. Any draftee called or drafted to take active service while the review is pending has been approved with his application for an exemption or restriction of military service, or the deferred draft or call, the review unit will respectively produce a list and report it to MOI and MOD to waive the draft or the call.

Article 38

Each level of school shall assign a staff to undertake the transactions of the deferred call and deferred draft and report the personal particulars of the staff to its superior education administration regulating authorities for reference.

Article 39

Ministry of Justice shall jointly with MOI and MOD specify the operation requirements governing the notification to the local government by the judicial (military) institute as provided under these Regulations.

Article 40

MOI and MOD shall respectively set forth the format each for the forms provided hereunder.

Article 41

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