The Regulations of Personnel Security Investigation for Participants in the National Defense Security Program
2015-04-02
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Article 1
The regulation is formulated in accordance with Article 32, Item 4 of the National Defense Act.
Article 2
The security investigation is executed by the Ministry of National Defense, all its subordinate departments, the military forces, educational units, supervised administrative institutions and Defense Security Division. The MND has the authority to assist its’ supervised administrative institutions to execute the security investigation if necessary.
Article 3
The security investigation applies to personnel who are subject to the Ministry of National Defense and all its subordinate departments, the military forces, educational units, supervised administrative institutions and those whose work is related to any defense and national security affairs.
The aforementioned "Defense and national security affairs" refers to national defense affairs that are to be kept confidential in accordance with the related laws or regulations.
The aforementioned "Defense and national security affairs" refers to national defense affairs that are to be kept confidential in accordance with the related laws or regulations.
Article 4
Security investigation items:
1.The loyalty of country.
2.The effect from foreign countries or hostile power.
3.Character, performance appraisal, disciplinary and administrative penalties and criminal information.
4.The information of financial situation.
5.The information of physical condition.
6.The information of violating national security affairs.
All military security units can collect the information based on aforementioned listed items:
1.Nationality and Household.
2.Criminal case.
3.Disciplinary or administrative penalties.
4.Personal character and interior assessment.
5.Tax, credit card, bank deposit, debt, remittance records and other economic and financial condition.
6.Medical records.
7.Psychological tests, scientific instruments examine.
8.Other information for ensuring national defense security.
In order to collect information of aforementioned item 7, we can use the psychological tests or scientific instruments to examine the person under investigation.
1.The loyalty of country.
2.The effect from foreign countries or hostile power.
3.Character, performance appraisal, disciplinary and administrative penalties and criminal information.
4.The information of financial situation.
5.The information of physical condition.
6.The information of violating national security affairs.
All military security units can collect the information based on aforementioned listed items:
1.Nationality and Household.
2.Criminal case.
3.Disciplinary or administrative penalties.
4.Personal character and interior assessment.
5.Tax, credit card, bank deposit, debt, remittance records and other economic and financial condition.
6.Medical records.
7.Psychological tests, scientific instruments examine.
8.Other information for ensuring national defense security.
In order to collect information of aforementioned item 7, we can use the psychological tests or scientific instruments to examine the person under investigation.
Article 5
The Ministry of National Defense and all its subordinate departments, the military forces, educational units and supervised administrative institutions shall provide the Defense Security Division with all information concerning newly recruited employees and any items that require investigation.
Besides being responsible for defense and national security affairs, the Ministry of National Defense and all its subordinate departments, the military forces, educational units and supervised administrative institutions shall put the security investigation into the standard operating procedures. Furthermore, information concerning the participants and security investigation items is to be delivered to the Defense Security Division for investigation before implementation.
Besides being responsible for defense and national security affairs, the Ministry of National Defense and all its subordinate departments, the military forces, educational units and supervised administrative institutions shall put the security investigation into the standard operating procedures. Furthermore, information concerning the participants and security investigation items is to be delivered to the Defense Security Division for investigation before implementation.
Article 6
The Defense Security Division may request any assistance from non-subordinate institutions while conducting the security investigation.
The above-mentioned request shall be issued in written format to the institution or the superior of the military forces, educational units and supervised administrative institutions unless the circumstances are of an urgent nature.
The above-mentioned request shall be issued in written format to the institution or the superior of the military forces, educational units and supervised administrative institutions unless the circumstances are of an urgent nature.
Article 7
For the purpose of the security investigation, the Defense Security Division shall inform the person who is currently being investigated in written format, and it shall request that the person present his/her own statement about the investigative affair. It may also request the person to provide related documents, information or articles.
Article 8
For investigative purposes, the Defense Security Division shall select a proper identifier to identify the truth.
Article 9
Concerning the investigative report, the Defense Security Division shall report to the superior institution, or the superior of the military forces, educational units and supervised administrative institutions for approval. The investigative report then must be delivered back to the original issued department in written format.
Article 10
Concerning new findings or evidence, if the Defense Security Division finds they may change the original investigation, it shall report to the superior institution or the superior of the military forces, educational units and supervised administrative institutions for further investigation and ratification. It may then re-conduct the security investigation. If the investigation is altered, the procedure shall be in accordance with the aforementioned item.
Article 11
The security investigative data shall be classified by its confidentiality level and the data documented in accordance with the regulations.
Article 12
Concerning the investigation of military soldiers, the security investigative data shall follow with his/her post. If the person retires or leaves his/her position, the investigative data shall be transferred to the authorities and the data documented in accordance with the regulations.
Article 13
All forms related to the security investigation and scientific instrument test shall be formulated by thePolitical Warfare Bureau of MND.
Article 14
This regulation shall be put into foree takes the date of the National Defense Act.
The amendments to these Regulations will become effective as the date of promulgation.
The amendments to these Regulations will become effective as the date of promulgation.