Enforcement Rules of The ROC Veterans Assistance Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=F0150002

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Article 1


The Enforcement Rules are prescribed in accordance with Paragraph 1, Article 33 of the ROC Veterans Assistance Act (hereinafter referred to as “the Act”).


Article 2


The officers, non-commissioned officers, and enlisted soldiers who have voluntarily completed certain years of active service and legally retired, as mentioned in Subparagraph 1, Paragraph 1, Article 2 of the Act, are those who have served for 4 years or more, or those who have completed their required active service years, and voluntarily extended service or reenlisted for active service, and the total service years exceed 4 when retired or demobilized.
The difficult living situation mentioned in Subparagraph 2, Paragraph 1, Article 2 of the Act, refers to the living situation of the veterans who have lost their working abilities and cannot make a living due to service-connected illnesses, injuries or physical or mental disabilities.
The veterans participating in the Taiwan Strait Bombardment of August 23, 1958 mentioned in Paragraph 2 and Subparagraph 3, Paragraph 1, Article 2 of the Act, refer to those who participated in the Taiwan Strait Bombardment Campaign between August 23 and October 6, 1958, and have been certified by the Ministry of National Defense.


Article 2-1


The veterans referred to in Article 2 of the Act shall be classified into two categories:
Category I :
1. The officers, non-commissioned officers, and enlisted soldiers who have voluntarily served in active service for 10 years or more, or voluntarily extended service or reenlisted for active service, and the total service years exceed 10 when retired or demobilized.
2. The officers, non-commissioned officers, who have voluntarily started their active service before February 9 1990,or enlisted soldiers who have voluntarily started their active service before August 9 2005, completed the length of service and retired legally in accordance with the Act before the amendment.
3. The officers, non-commissioned officers, and enlisted soldiers who are unable to earn a living and need lengthy hospitalization or home care after discharge from military service due to service-connected illnesses, injuries or physical or mental disabilities.
4. The officers, non-commissioned officers, and enlisted soldiers who have participated in the August 23rd Taiwan Strait Bombardment Campaign in 1958 and other important campaigns certified by the Ministry of National Defense.
5. The Kinmen and Matsu Militia members who have participated in the important campaigns in 1958, and other important campaigns considered critical to the national security by the Ministry of National Defense.
Category II. :
The officers, non-commissioned officers, and enlisted soldiers who have voluntarily served in active service for 4 years or more and less than 10 years, or voluntarily extended service or reenlisted for active service, and the total service period is 4 years or more and less than 10 years when retired or demobilized.


Article 2-2


There is no time limits for the implementation of categorization and grading assistance measures for category I ex-servicemen in accordance with Article 3-1 of this Act, while the time limits for assisting category II ex-servicemen are as follows:
1.Grade 1: For those ex-servicemen who have served in the military for 9 years or more and less than 10 years, the assistance period is limited to 16 years.
2.Grade 2: For those ex-servicemen who have served in the military for 8 years or more and less than 9 years, the assistance period is limited to 14 years.
3.Grade 3: For those ex-servicemen who have served in the military for 7 years or more and less than 8 years, the assistance period is limited to 12 years.
4.Grade 4: For those ex-servicemen who have served in the military for 6 years or more and less than 7 years, the assistance period is limited to 10 years.
5.Grade 5: For those ex-servicemen who have served in the military for 5 years or more and less than 6 years, the assistance period is limited to 8 years.
6.Grade 6: For those ex-servicemen who have served in the military for 4 years or more and less than 5 years, the assistance period is limited to 6 years.
The categorization and grading assistance measures and time limits stated in the preceding paragraph shall be approved by VAC.
The assistance period stated in Paragraph I is valid from the date of retirement from military service.


Article 3


Except medical care, the application, during the same period of time, for assistance by the retired servicemen is limited to either that of employment, home care, or education.


Article 4


The employment assistance for retired servicemen as prescribed by Article 5 of the Act shall be processed in accordance with the following:
1. The production organizations established by and affiliated to the VAC shall be restricted to hiring retired servicemen only, unless the necessary specialized positions in which no appropriate retired servicemen can be enlisted to fit.
2. To the positions in other governmental organizations, public production units, and schools, the VAC shall negotiate with the related authorities over these positions to approve the employment.
3. To the positions in private corporations, enterprises, and schools, the VAC shall negotiate for employments; with those entities receiving special subsidies or loans from the government, the relevant authorities shall negotiate for the employment.
Those retired servicemen assisted by the VAC with employment, if found incapable by the employer entity, with grounds, to fit in the position, the latter can negotiate with the VAC to make other recommendations for the employment.


Article 5


If the land, ponds, and swamp, necessary for allotting to the retired servicemen for employment purpose, as prescribed by Article 7 of this Act, are of new reclaimed sea bed, forest, hills, uncultivated fields, deserted creeks, and other unmeasured and unregistered deserted land, shall be proposed with certain boundaries by the relevant authority and submitted to the Executive Yuan for approval to be transferred to the VAC for utilization. Unless they have been undergone the land general registration which will mandate the allotment process as prescribed by Article 26 of the Land Law, the formal allotment process can be done after they are developed, measured, and registered.
The forest and mining areas owned by the State and needed for the p urpose to assist the retired servicemen in employment shall be negotiated by the VAC with the relevant authorities for consent on the boundaries. After being approved by the Executive Yuan, these areas are to be transferred to the VAC for utilization.


Article 6


The production organizations, affiliated to the VAC, and are of governmental structures, shall be exempted from presenting the entity license, profit-making business registration, and taxation documents, when entering biddings prescribed by Article 8 of this Act.


Article 7


The exploitation, construction, and manufacture organizations established by the Government, as prescribed by Article 9 of this Act, shall give priority to the retired servicemen to be selected to the work force. Except the organizations, which have existed before the promulgation and implementation of this Act, and of which the vacancies shall be filled by the retired servicemen recommended by the VAC, the wanted vacancies of the organizations established after the promulgation and implementation of this Act, shall be coordinated by the relevant authorities with the VAC for employments.
The transportation and shipping business of the aforesaid organizations that often needs to be delegated to other agencies for implementation shall be delegated to the transportation and shipping agencies established by the VAC for implementation.


Article 8


(Deleted)


Article 9


As dictated by Article 15 of this Act, the retired servicemen, recovered to good health after medical care, shall be legally placed; the codes of the placement shall be separately made by the VAC.


Article 10


As dictated by Article 20 of this Act, the retired servicemen shall, based on various professions, have the privilege when taking qualification or employment examinations. The codes of enjoying the privilege shall be co-proposed by the VAC and the employing agencies to the relevant examination body to make.


Article 11


The business or licenses which shall be restricted or under restrictions as dictated b y Article 24 of this Act, and the products by the various governmental production organizations as prescribed by Article 25 of this Act, shall be notified by these organizations and their supervising authorities to the VAC for unified sales. The relevant codes shall be separately made.


Article 12


The severance of the retired servicemen's benefits, as dictated by Article 32 of this Act, shall be processed as the following:
1. Those who committed rebellion, treason, corruption, homicide, and are convicted with prison terms, shall be deprived of the benefits for life.
2. Those who committed crimes other than those aforesaid in the previous paragraph and are convicted with prison terms shall be suspended of their benefits during the prison term. The entitlements can be restored after they complete the term, or are bailed out. But this does not apply to those who are still undergoing the deprivation of the political rights, which, according to laws, are forbidden to be restored
3. The benefits of those who are still undergoing confinement or custody enforced by the judicial, martial law, or security agencies shall be suspended during the enforcement period.
4. Those who are wanted because of conviction shall be deprived of their benefits starting on the day of the issuance of the want-notice. The benefits can be restored after the notice is cancelled.
The suspension and restoration of the aforesaid benefits of the retired servicemen shall be approved by the VAC. That of employment, medical care, home care, schooling, and attending occupational trainings shall be notified by the respective mother unit to the VAC for process. Cases of other substances shall be checked and verified by the VAC, and processed accordingly, after being proved true.


Article 13


The details of this Act not prescribed in the Bylaw, shall be separately made by the VAC and the relevant organizations.


Article 14


The Enforcement Rules shall come into effect on the date of promulgation whereas the articles amended and announced on April 20, 2016 shall become effective on March 1,2016 .