Annotated Republic of China Laws/Act of Military Service System/2000

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The Act of Military Service System as of 2000 from http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=252&msgType=en is shown below. Articles 3, 4, 16, 25, 27, 32 to 35, 44, 45, 47, 48, 50 were later amended and Articles 16-1 and 20-1 were later added.

CHAPTER - 1 General Principles[edit]

Article 1
In accordance with the Law, the male citizens of the Republic of China are obligated to take military service.
Article 2
The Military Services in this Act refers to: Military Officer Service,Non Commission Officer Service, Enlisted Man, Replacement Service.
Article 3 (later amended)
Article 4 (later amended)
Article 5
A man with one of the following situation is prohibited from enlisting to Military Service, called Prohibited from Service:
  1. Having been sentenced to more than 5 years of imprisonment.
  2. Serving the prison terms totaling to 3 years.
The terms of those who have been sentenced for rehabilitation should be accumulated into the period stated on the above Paragraph-2.

CHAPTER - 2 Services of Ranking Officer and Non Commissioned Officer[edit]

Article 6
Ranking Officer Service is divided into Standing Ranking Officer Service and Reserved Ranking Officer Service.
The Non Commission Officer is also divided into Standing Non Commissioned Officer Service and Reserved Non Commissioned Officer Service.
Article 7
Standing Ranking Officer is classified into the following:
  1. Active Service:Refering to the service of those male with qualified age and currently in service or Non Commissioned Officers of Backup Service, Enlisted Soldier,with a qualified records after taking a voluntary test, or after receiving the required Ranking Officer’s Basic Education;Or depends on the Military needs, an outstanding Reserved Officer who would like to be transferred voluntarily after serving a certain period of Active Service.
  2. Backup Service:Refering to a service for those have been suspended from Active Service, Retired, Lifted from mobilization, until exempted, prohibited, losing the citizenship of the Republic of China, or discharged.
Article 8
Standing Non Commissioned Officer Service is classified into the following:
  1. Active Service:Refering to a service for those male with qualified age and currently in service or Enlisted Soldier of Backup Service, with a qualified records after taking a voluntary test, or after receiving the required Non Commission Officer’s Basic Education;Or depends on the Military needs, an outstanding Reserved Non Commission Officer who would like to be transferred voluntarily after serving a certain period of Active Service.
  2. Backup Service:Refering to a service for those have been suspended from Active Service, Retired, Lifted from mobilization, until exempted, prohibited, losing the citizenship of the Republic of China, or discharged.
Article 9
The Reserved Ranking Officer Service refers to the service of the following personnel,based on his performance records of the voluntary test taken, received less than a year of Reserved Officer’s Basic Education, and had taken a necessary six months training in a Military Agency or Troops:
  1. Having served more than two years in the Standing Non Commissioned Officer Service.
  2. Having received a Reserved Non Commission Officer’s Basic Education with outstanding records.
  3. Having graduated from a Public or registered Private Vocational Schools (or above), or had possessed a technical ability of the same level.
  4. Having graduated from a Senior High School or school with the same level, or an outstanding of an existing Non Commission Officer, Enlisted Soldier who had passed an entrance examination to a Military Academy or had completed an Ranking Officer Training Class.
Depending on the military needs, the above personnel are required to serve a certain period of the existing Reserved Ranking Officer Service.
Those Non Commissioned Officers who have been promoted to a Ranking Officers in the battle field, can serve an Active Ranking Officer’s Service.
Article 10
The Reserved Ranking Officer Service refers to the service of the following personnel,based on his performance records of the voluntary test taken, received less than eight months of Reserved Officer's Basic Education, and had taken a necessary four months training in a Military Agency or Troops:
1- Having served as a Standing Soldier Service with outstanding records.
2- Having served as a Replacement Service with outstanding records.
3- Having graduated from a Public or registered Private Senior High Schools (or above), or had possessed a technical ability of the same level.
4- An outstanding of an existing Enlisted Soldier who had passed an entrance examination to a Military Academy

or had completed an Non Commissioned Officer Training Class.

Depending on the military needs, the above personnel are required to serve a certain period of the existing Reserved Non Commissioned Officer Service.
Those Enlisted Soldiers who have been promoted to a Non Commissioned Officers in the battle field, can serve an Reserved Non Commissioned Officer's Service.
Article 11
The Regulations of Selection and Training for Military Services of the Reserved Ranking Officer and Reserved Non Commissioned Officer stated in the above two articles are instituted by the Ministry of National Defense together with the related agencies.
Service Age Man, Reserved Military Man and Replacement Soldiers that have the qualifications stated in Item-1 of Article-9 and Item-1 of the above Article, except from passing the voluntary examinations, if required by the National Defense Military, can be recruited or mobilized to attend educations of the Reserved Ranking Officer or Reserved Non Commission Officer in accordance with the law.
Article 12
Those who have attended and passed the Basic Educations of the Standing Ranking Officer or Standing Non Commission Officer can separately be appointed as an Officer or appointed a position in accordance with the law, and join the Standing Ranking Officer or Standing Non Commission Officer service.
Those who have attended and passed the Basic Educations of the Reserved Ranking Officer or Reserved Junior Office, and was issued with an appropriate Certificate of a Reserved Ranking Officer or Reserved Non Commissioned Officer, can serve in the Reserved Ranking Officer or Reserved Non Commissioned Officer Service, or after being appointed a rank according to the law, can serve in an Active Service as regulated on Item-2 of Article-9, and Item-2 of Article-10.
Article 13
Those receiving Ranking Office, Non Commission Officer education, but not able to complete due to sickness or other causes, and according to the law still have to serve in the Military Service, the period which they have enlisted and military training can be deducted from the Military Service terms.
The Regulations of Suspension / Termination / Dismissal and Military Service Processes for those being educated as stated in the above item, are determined by the Ministry of National Defense.
Article 14
Attendance and Separation of Military Service of a Ranking Officer and Non Commissioned Officer are abided by other laws.

CHAPTER - 3 Enlisted Soldier Service[edit]

Article 15
Enlisted Soldier Service are divided into Standing Soldier Service and Replacement Service.
The proceeding year of a man reaching the age of 18 is the Recruiting Age for the Enlisted Soldier Service.
Article 16 (later amended)
Articles 16-1 (later added)
Article 17
Replacement Service is suitable for those serving the Standing Active Service, and those have not serve the Replacement Service due to family problem, or have been approved by the Executive Yuan to represent the Country in a Physical Skill Competition, then enlisted for control and usage by the Ministry of National Defense, according to the needs of the military, after passing a military training within two months.
The qualifications, application, approval and procedures of Replacement Service due to family problems as stated on the above item, are determined by the Ministry of Interior. The qualification, application, approval and procedures of representing the Country in a Physical Skill Competition are determined by the Executive Yuan.
The Replacement Service of Item-1, is determined by the Ministry of National Defense.
Article 18
During the period of staying in a camp when enlisted in the Standing Active Service, at any time when one of the following situations is encountered, and will not affect the national defense military,can retire in advance:
  1. Over staffed.
  2. Having completed a soldier course education.
  3. Having obtained a scholar ability equivalent to a Military skill before enlisting to a camp.
  4. Having Need to shoulder the family burden due to major cause.
Article 19
During the period of staying in a camp when enlisted in the Standing Active Service, when one of the following situations is encountered, the retirement can be extended, called "Extension of Service":
  1. War or Disorder.
  2. Sailing or Servicing abroad.
  3. Important Military Exercise、Military Parade or Serving an Important Mission.
  4. Natural Calamities or Other unavoidable incidents.
Article 20
During the period of staying in a camp when enlisted in the Standing Active Service, when one of the following situations is encountered, the service will be suspended, called "Service Suspension"
  1. Having been diagnosed and confirmed to have a disease that may harm the health or safety of the group.
  2. Disabled caused by serious disease and not able to perform his duty.
  3. Wanted or Detained for a crime, or under observation for rehabilitation or sentenced to imprisonment, or under military detention.
  4. Having been judged and confirmed to be punishable, force rehabilitation or brain wash,and serving the sentence.
  5. Having been missing for more than three months.
  6. Captive.
When the above reasons for "Service Suspension" have disappeared, and the service was restored, this is called "Service Restored". However, if the National Defense Military will not be affected, the service restoration can be exempted after reviewing the actual situation.
The standard of examining of casualty/disable stated on Paragraph-1 and 2 of Item-1 is determined by the Ministry of National Defense.
Articles 20-1 (later added)
Article 21
Replacing the lack of Active Service Standing Soldiers is base on the regulation stipulated on Article-36 "Need Recruitments". if still not enough, it should be filled up with Replacement Soldiers;After replacing,will immediately be transferred as Standing Soldier Service。
Article 22
During a war or disorders, the Standing Soldiers will be recruited for a war mission to defend the country base on their age.
Article 23
Depending on the needs of a war, the Replacement Soldiers will be recruited to join the war base on their age, and military training will be enforced or be reorganized according to the National Defense requirements.

CHAPTER - 4 Substitute Service[edit]

Article 24
The Substitute Service can be enforced when the National Defense Military is not Obstructed, and under the conditions when the replacement of soldiers is not affected、the quality of the soldiers is not deteriorated,and does not against the fairness of military service.
Personnel with special skills should be the first priority to satisfy the National Defense demand, The Executive Yuan can stop processing a part or all the Substitute Service recruitments basing on the military requirements of the National Defense.
Article 25 (later amended)
Article 26
The Enforcement Regulations of the Substitute Service are instituted in the other laws.

CHAPTER - 5 Reserved Military Men (Reservist)[edit]

Article 27 (later amended)
Article 28
Reserved Military Men that have one of the following situations, their Reserved Military Men identity will be cancelled:
  1. Separated according to the law.
  2. Exempted from Service according to the law
  3. Restricted from Service according to the law.
  4. Restored to Service according to the law.
  5. Loss of Citizenship of the Republic of China.
Article 29
When a Reserved Military Man is unable to serve his term due to illness or had suffered from other injury, he can be transferred or exempted from service base on his physical situation.

CHAPTER - 6 Military Service Administration[edit]

Article 30
The Military Service Administration regarding Soldier’s Population, Education, Training and Recruitment, are supervised by the Ministry of National Defense;Regarding the Soldier Resources、Gathering and Substitute Service matters are supervise by the Ministry of Interior;While the Military Men’s rights are separately supervised by the Ministry of National Defense and Ministry of Interior;Other matters related to other agencies are handled by each relevant agency.
The dividing of the above stated matters related to the Ministry of National Defense and Ministry of Interior is done by the Executive Yuan.
Article 31
The City Government and the County Government are the Recruiting Agencies for the City and County respectively, an exclusive Agency should be setup to handle the Military Service administration and other relevant affairs in each jurisdiction area under the supervision and command of the Ministry of National Defense and Ministry of Interior.

CHAPTER - 7 Recruitments[edit]

Article 32 (later amended)
Article 33 (later amended)
Article 34 (later amended)
Article 35 (later amended)
Article 36
Recruiting Age Male who has one of the following situation should go through Recruitment re-processing;Those have not gone through recruitment processes should go through the processes and be recruited aster passing:
  1. Reasons for deferment were destroyed.
  2. Due to sickness or other causes that were approved for extension of checkups.
  3. Transfer of hometown address or mistakes or incorrect records that were corrected or being handled through legal processes after clarifications.
  4. Finished serving the jail terms due to breaking the law.
  5. Became a citizen of the Republic of China.
  6. Migrated to a foreign country before the Recruiting Age and had returned and reside in the country; the same for those who have obtained foreign citizenships.
  7. Studying abroad before the Recruiting Age and had returned to the country after graduating; the same for those who have obtained foreign citizenships.

CHAPTER - 8 Mobilization[edit]

Article 37
Reserved Military Men and Replacement Soldiers are mobilized as follows:
  1. General Mobilization: War or very disorder occurred, and be enforced according to war demands.
  2. Temporary Mobilization: Being enforced when replacing the active service at ordinary time, return to service when reasons for suspension is destroyed, personnel replacement during the war or needed on the military garrison.
  3. Educational Mobilization: bing enforced when military training or drill is required.
  4. Duty Mobilization: bing enforced when war or very disorder has occurred,to assist the Duty during the war or local self defense force whenever needed.
  5. Roll-Call Mobilization: bing enforced when roll-call or a Military Parade is required.
Article 38
The Active Service refers to those Reserved Military Men (Reservist) and Replacement Soldiers who are enlisted in the military camp。
Those Armed Troops that were organized in accordance with the law and are included into the warfare listing during the war are also known as an Active Service.
Article 39
When mobilizing the Reserved Military Men (Reservist) and Replacement Soldiers,except for mobilizing those Ranking Officers or Non Commissioned Officers, that need to be prioritize according to its Military Position Skills and Rank, Age and Energy,the mobilization of Enlisted Soldiers are base on the following sequence:
  1. General Mobilization and Temporary Mobilization of personnel replacement during the war and military garrison, and base on the war demands,mobilize in sequence according to the age and military position skills.
  2. Temporary mobilizing of those returning when the reasons for suspension are destroyed and replacing of Active Service in ordinary time,can have the priority of enlisting into the military camp.
  3. Educational Mobilization and Temporary Mobilization of replacement of Active Service in the ordinary time, are mobilized according to the military position skill education requirements.
  4. Duty Mobilization is base on the sequence of the Replacement Soldiers and Reserved Soldiers Reserved Service.
  5. Roll-Call Mobilization is according to the time length of leaving the camp and the needs of mobilization to determine its sequence.
Article 40
  1. When the General Mobilization or the Temporary Mobilization is required if war or very disorder has occurred, in supporting the war to maintain enough personnel in the front and back, and has no impact on the war, the nation can enlist, gradually, these personnel into mobilization;and by not affecting the required population, can mobilize in a later time as much as possible.
Article 41
Those who have received an General Mobilization or Temporary Mobilization and have one of the following situation can be deferment:
  1. Sick and proven to be unable to perform his duty。
  2. Existing special technicians of the National Defense Industry and have been approved。
  3. Existing Public School teachers and had graduated from a Normal College recognized by the Ministry of Education or have been authenticated and teach for more than one year,have been reviewed and approved。
  4. Responsible for the leaving of the family and has one of he following situation:
(1) Lone child with no brother of the same father.
(2) Having brother(s) the same father but is being recruited or mobilized into the military camp.
(3) Having brother (s) of the same father but less than 20 years of age.
(4) Having been approved of being a low income family.
(5) Having no brother(s) of the same father and the father is over 60 years old or had died.
(6) Those who are sentenced to maximum terms of penal servitude for a definite period and still on trial, or criminals who have been sentence and are serving their terms.
If the reasons for the deferment stated above are destroyed, the person concern still has to be mobilized.
Article 42
Those Reservist and Replacement Soldiers who have received a General Mobilization or Temporary Mobilization for enlisting into a military camp, except for those Standing Ranking Officers and Standing Non Commissioned Officers services that are regulated in other relevant laws, and have one of the following situations but will not impact the military warfare, can take a rotation leave:
  1. Over populated.
  2. Had been extending of his service while in Active Service period.
  3. Has been recruited into the military camp for over two years.
  4. Outstanding performance in while in service.
Article 43
Reserved Military Men (Reservist) and Replacement Soldiers who have one of the following situations and has been approved by the Ministry of National Defense subordinating responsible unit, can be exempted from the Education, Duty and Roll-Call Mobilizations.
  1. Sickness and unable to move.
  2. Need to personally handle a family major incident.
  3. A student studying in a middle level school and above.
  4. Civil Representative who is in the middle of a meeting.
  5. Traveling abroad on business.
  6. Sailor who is on a sailing trip abroad.
  7. A suspect of a crime being detained, or serving a crime sentence.
  8. Other circumstances beyond control and can not be mobilized.

CHAPTER - 9 Rights and Obligations[edit]

Article 44 (later amended)
Article 45 (later amended)

CHAPTER - 10 Supplementary Provisions[edit]

Article 46
The Law for regulating the Damaging of Military Service is separately instituted.
Article 47 (later amended)
Article 48 (later amended)
Article 49
Funds needed for enforcing Military Services are budgeted by each related agency in accordance with the regulations stipulated in this Act and Enforcement Regulations of this Act.
Article 50 (later amended)
Article 51
The Enforcement Regulations of this Act is instituted in other law.
Article 52
This Act is enforced to start from the date of its officialization.