Act of Military Service System
2023-05-03
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CHAPTER – 1 General Principles
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, Substitute Service.
Article 3
A man aged 18 starts his military service day from January 1st of the proceeding year and be discharged on December 31st of the year at the age of 36, called the Male's Service Age. However, the discharged age of fficers , NCOs and volunteer soldiers are not restricted to this rule.
The so-called Man of Approaching Service Age refers to the period from January 1st of the proceeding year of a man of 15 years old, to December 31st of the year he reaches the age of 18.
The so-called Man of Approaching Service Age refers to the period from January 1st of the proceeding year of a man of 15 years old, to December 31st of the year he reaches the age of 18.
Article 4
One with any of the following situations is exempted from the Military Service, called "Exempted from Induction":
Subparagraph 1- Unable to take military service because of physical or mental impediment or serious illness.
Subparagraph 2- Inappropriate to take military service because of that the height, weight, or Body Mass Index are over high or over low.
Subparagraph 1- Unable to take military service because of physical or mental impediment or serious illness.
Subparagraph 2- Inappropriate to take military service because of that the height, weight, or Body Mass Index are over high or over low.
Article 5
A man with one of the following situation is prohibited from enlisting to Military Service, called Prohibited from Service:
1-Hawing 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.
1-Hawing 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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
The proceeding year of a man reaching the age of 18 is the Recruiting Age for the Enlisted Soldier Service.
Article 16
Standing Soldier Service is classified as follows:
1.Active Service: Served in the military camp by the Conscription Age Male passing the conscription examination and before discharge, for a period of 1 year, then discharged.
2.Military Training: Taken in the military camp by the Conscription Age Male passing the conscription examination and before discharged, for no more than 4 months, then completed.
3.Reserve Service: Served by those who are discharged from the Active Service or who complete the Military Training, till retired.
The period of Active Service prescribed in Subparagraph 1 of Paragraph 1 can be deducted by military training courses offered in senior high or higher education schools, after taking and passing, or the military training courses offered under the All-Out Defense Education, on the basis of 8 classes converted to one day deduction.
The period of Military Training of Standing Soldier Service prescribed in Subparagraph 2 of Paragraph 1 can be deducted by the military training courses under the All-Out Defense Education offered in senior high or higher education schools, after taking and passing.
Total time can be deducted by the period of Active Service or Military Training Service of the Standing Soldier Service prescribed in Paragraph 2 and 3 shall be no longer than 30 days and 15 days. The regulations regarding the content, topics, or hours of the military training courses under the deductible All-Out Defense Education prescribed in the preceding paragraph, and the execution, administration, operations, review and other related affairs of the courses prescribed in the preceding two paragraphs, shall be determined jointly by the Ministry of Education, the Ministry of National Defense and the Ministry of the Interior.
The period of Military Training of Standing Soldier Service prescribed in Subparagraph 2 of Paragraph 1 can be deducted by military training received at a military school or military training institution, after completing the required hours and passing.
The regulations regarding the content, topics, or hours of the military training courses that may be used to deduct the period of Military Training prescribed in the preceding paragraph, and the execution, administration, operations, review and other related affairs of the courses prescribed in the preceding paragraph shall be determined by the Ministry of National Defense.
1.Active Service: Served in the military camp by the Conscription Age Male passing the conscription examination and before discharge, for a period of 1 year, then discharged.
2.Military Training: Taken in the military camp by the Conscription Age Male passing the conscription examination and before discharged, for no more than 4 months, then completed.
3.Reserve Service: Served by those who are discharged from the Active Service or who complete the Military Training, till retired.
The period of Active Service prescribed in Subparagraph 1 of Paragraph 1 can be deducted by military training courses offered in senior high or higher education schools, after taking and passing, or the military training courses offered under the All-Out Defense Education, on the basis of 8 classes converted to one day deduction.
The period of Military Training of Standing Soldier Service prescribed in Subparagraph 2 of Paragraph 1 can be deducted by the military training courses under the All-Out Defense Education offered in senior high or higher education schools, after taking and passing.
Total time can be deducted by the period of Active Service or Military Training Service of the Standing Soldier Service prescribed in Paragraph 2 and 3 shall be no longer than 30 days and 15 days. The regulations regarding the content, topics, or hours of the military training courses under the deductible All-Out Defense Education prescribed in the preceding paragraph, and the execution, administration, operations, review and other related affairs of the courses prescribed in the preceding two paragraphs, shall be determined jointly by the Ministry of Education, the Ministry of National Defense and the Ministry of the Interior.
The period of Military Training of Standing Soldier Service prescribed in Subparagraph 2 of Paragraph 1 can be deducted by military training received at a military school or military training institution, after completing the required hours and passing.
The regulations regarding the content, topics, or hours of the military training courses that may be used to deduct the period of Military Training prescribed in the preceding paragraph, and the execution, administration, operations, review and other related affairs of the courses prescribed in the preceding paragraph shall be determined by the Ministry of National Defense.
Article 16-1
Those who are inducted to take Military Training of Standing Soldier Service in the military camp prescribed in Subparagraph 2 of Paragraph 1 of Article 16, shall be regarded as the Active Service Soldier during the period in the military camp.
The administration, welfare, diet, medical treatment, solatium for injury or death, nursing, funeral subsidy, emergency and disaster aid, insurance, gratuity, punishment, conviction of Damaging of Military Service, and other rights and obligations of those who are prescribed in the preceding Paragraph shall be subject to the rules governing Standing Soldier Service.
The administration, welfare, diet, medical treatment, solatium for injury or death, nursing, funeral subsidy, emergency and disaster aid, insurance, gratuity, punishment, conviction of Damaging of Military Service, and other rights and obligations of those who are prescribed in the preceding Paragraph shall be subject to the rules governing Standing Soldier Service.
Article 17
Replacement Service is served by those suitable for serving Active Standing Soldiers but not serve due to family factors or being selected to be members of national teams by the Ministry of Education or the Ministry of Labor, or by those with physical status of serving Substitute Services but not serve Substitute Services. Those who serve Replacement Service after passing military training for no more than two months will be enlisted for control and usage by the Ministry of National Defense according to military needs.
The qualifications, application, approval, procedures, and cancellation of serving Replacement Service due to family factors and by those with physical status of serving Substitute Services prescribed in the preceding Paragraph are determined by the Ministry of the Interior. The qualifications, application, approval, procedures, cancellation, revocation, obligations to be performed, and other related matters of the members of national teams serving Replacement Service are determined by the Ministry of Education and Ministry of Labor respectively.
The rules of training, control, usage, and other related matters of the Replacement Service prescribed in Paragraph 1 are determined by the Ministry of National Defense.
The qualifications, application, approval, procedures, and cancellation of serving Replacement Service due to family factors and by those with physical status of serving Substitute Services prescribed in the preceding Paragraph are determined by the Ministry of the Interior. The qualifications, application, approval, procedures, cancellation, revocation, obligations to be performed, and other related matters of the members of national teams serving Replacement Service are determined by the Ministry of Education and Ministry of Labor respectively.
The rules of training, control, usage, and other related matters of the Replacement Service prescribed in Paragraph 1 are 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.
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.
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 Active Service period, when the enlistee has any of the following situations, his/her service will be suspended, called Service Suspension:
1-Having been diagnosed and confirmed to have a disease that may endanger the health or safety of the group.
2-Assessed as ineligible for military service due to an illness or injury.
3- Being wanted, subject to detention or observation for rehabilitation, or being sentenced in a final judgment to imprisonment or short-term imprisonment, which is in execution.
4- Being sentenced in a final judgment to rehabilitative measure, enforced detoxification treatment or disciplinary education, which is in execution.
5- Having been missing for more than three months.
6- Being held in captivity.
When the reason for Service Suspension ceases to exist, the service will be restored, which is called Service Restoration. However, if national defense and military security is not affected, service restoration of the enlistee may be exempted after a review of the actual situation.
The standards for determining Service Suspension due to illness or injury under Subparagraph 1 and Subparagraph 2 of Paragraph 1 will be prescribed by the Ministry of National Defense.
1-Having been diagnosed and confirmed to have a disease that may endanger the health or safety of the group.
2-Assessed as ineligible for military service due to an illness or injury.
3- Being wanted, subject to detention or observation for rehabilitation, or being sentenced in a final judgment to imprisonment or short-term imprisonment, which is in execution.
4- Being sentenced in a final judgment to rehabilitative measure, enforced detoxification treatment or disciplinary education, which is in execution.
5- Having been missing for more than three months.
6- Being held in captivity.
When the reason for Service Suspension ceases to exist, the service will be restored, which is called Service Restoration. However, if national defense and military security is not affected, service restoration of the enlistee may be exempted after a review of the actual situation.
The standards for determining Service Suspension due to illness or injury under Subparagraph 1 and Subparagraph 2 of Paragraph 1 will be prescribed by the Ministry of National Defense.
Article 20-1
During the period of Military Training of Standing Soldier Service, one of the following situations is encountered, the Military Training of Standing Soldier Service will be suspended, called "Suspension of Military Training":
Subparagraph 1-Any situation prescribed in Paragraph 1 of Article 20 is encountered.
Subparagraph 2-Being a junior college student or above while the semester starts.
If Suspension of Military Training is due to the situations stated in Subparagraph 1 of Paragraph 1 and staying in the military camp for 30 days or more, one shall be listed and arranged as a trained Replacement Soldiers; if staying for less than 30 days, one shall be inducted to take the Military Training of Standing Soldier Service.
If Suspension of Military Training Service is due to the situation stated in Subparagraph 2 of Paragraph 1, the student may be inducted when the semester ends.
Subparagraph 1-Any situation prescribed in Paragraph 1 of Article 20 is encountered.
Subparagraph 2-Being a junior college student or above while the semester starts.
If Suspension of Military Training is due to the situations stated in Subparagraph 1 of Paragraph 1 and staying in the military camp for 30 days or more, one shall be listed and arranged as a trained Replacement Soldiers; if staying for less than 30 days, one shall be inducted to take the Military Training of Standing Soldier Service.
If Suspension of Military Training Service is due to the situation stated in Subparagraph 2 of Paragraph 1, the student may be inducted when the semester ends.
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
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.
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
The basic training of Substitute Service is executed jointly by the Ministry of Interior and the Ministry of National Defense.
Total period of serving the Substitute Service along with the basic training can not be less than the period of Active Service of the Standing Soldier Service; can not be less than the period of Military Training of Standing Soldier Service while the induction of Active Service of Standing Soldier Service is suspended. During the period of Substitute Service, the identity of military personnel in Active Service will never be granted.
Those Conscription Age Males whose year of birth are earlier than the suspended induction of Active Service of Standing Soldier Service and who have not been inducted or re-inducted to serve, shall serve the Substitute Service for one year.
Total period of serving the Substitute Service along with the basic training can not be less than the period of Active Service of the Standing Soldier Service; can not be less than the period of Military Training of Standing Soldier Service while the induction of Active Service of Standing Soldier Service is suspended. During the period of Substitute Service, the identity of military personnel in Active Service will never be granted.
Those Conscription Age Males whose year of birth are earlier than the suspended induction of Active Service of Standing Soldier Service and who have not been inducted or re-inducted to serve, shall serve the Substitute Service for one year.
Article 26
The Enforcement Regulations of the Substitute Service are instituted in the other laws.
CHAPTER – 5 Reserved Military Men (Reservist)
Article 27
The following personnel are Reserves, under the management of the Reserve Command:
Subparagraph 1- Standing Commissioned Officers or Standing Non-commissioned Officers who resigned or were suspended during the period of Active Service, retired, or dismissed from mobilization.
Subparagraph 2- Standing Soldiers who were suspended during the period of Active Service, retired or who completed Military Training of Standing Soldier Service.
Subparagraph 3- Reserve Commissioned Officers or Reserve Non-commissioned Officers who have not been inducted or have retired.
Subparagraph 1- Standing Commissioned Officers or Standing Non-commissioned Officers who resigned or were suspended during the period of Active Service, retired, or dismissed from mobilization.
Subparagraph 2- Standing Soldiers who were suspended during the period of Active Service, retired or who completed Military Training of Standing Soldier Service.
Subparagraph 3- Reserve Commissioned Officers or Reserve Non-commissioned Officers who have not been inducted or have retired.
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.
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.
Suffered from other injury, he can be transferred or exempted from service base on his physical situation.
CHAPTER – 6 Military Service Administration
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.
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
Article 32
The Conscription Age Male shall be conscripted according to the following procedures:
Subparagraph 1- Investigation: Conducted in the place of registered residence.
Subparagraph 2- Conscription Examination: Conducted in the place of registered residence after the investigation.
Subparagraph 3- Draw Lots: Conducted in the place of registered residence after the conscription examination.
Subparagraph 4- Induction: Conducted in the place of registered residence complying with the designated date of entrance to the military camp.
The Conscription prescribed in Paragraph 1 can be processed in advance in the year of 18 years old.
Subparagraph 1- Investigation: Conducted in the place of registered residence.
Subparagraph 2- Conscription Examination: Conducted in the place of registered residence after the investigation.
Subparagraph 3- Draw Lots: Conducted in the place of registered residence after the conscription examination.
Subparagraph 4- Induction: Conducted in the place of registered residence complying with the designated date of entrance to the military camp.
The Conscription prescribed in Paragraph 1 can be processed in advance in the year of 18 years old.
Article 33
After the conscription examination, the Conscription Age Male will be classified into Standing Soldier Service Category, Substitute Service Category, or Exempted from Induction Category and perform the military service as follows:
Subparagraph 1- Standing Soldier Service Category: Those who are appropriate to take Active Service shall serve Active Service of Standing Soldier Service or take Military Training of Standing Soldier Service, and when the population of Standing Soldier is sufficient, the extra may apply for Substitute Service.
Subparagraph 2- Substitute Service Category: Serve Substitute Service.
Subparagraph 3- Exempted from Induction Category: Those who are not qualified to serve military service shall be exempted.
Those who can not be categorized after the conscription examination under the preceding Paragraph shall take a physical examination again to determine their category.
The categories prescribed in Paragraph 1 may be classified by different levels, and the standards of categories will be determined jointly by the Ministry of National Defense and the Ministry of Interior.
Subparagraph 1- Standing Soldier Service Category: Those who are appropriate to take Active Service shall serve Active Service of Standing Soldier Service or take Military Training of Standing Soldier Service, and when the population of Standing Soldier is sufficient, the extra may apply for Substitute Service.
Subparagraph 2- Substitute Service Category: Serve Substitute Service.
Subparagraph 3- Exempted from Induction Category: Those who are not qualified to serve military service shall be exempted.
Those who can not be categorized after the conscription examination under the preceding Paragraph shall take a physical examination again to determine their category.
The categories prescribed in Paragraph 1 may be classified by different levels, and the standards of categories will be determined jointly by the Ministry of National Defense and the Ministry of Interior.
Article 34
Those who have gone through the conscription examination and are appropriate to serve the Active Service will be inducted to serve in the military camp according to the strength of military soldiers determined by the Ministry of National Defense or to take the Military Training of Standing Soldier Service under the plan of military training made by the Ministry of National Defense, and January 1st of each year is the formal date of reporting to the military camp; if necessary, backup dates of reporting will be set up separately.
If there are surplus or shortage of strength appropriate to take Active Service, the order of induction shall be determined according to the sequence of numbers drawn and Standing Soldier shall be filled up first, then the Replacement Soldier.
In the event that without harm to national defense and military affairs, and volunteers are sufficient to fulfill the strength of soldiers, those who have passed the conscription examination may be inducted not to serve the Active Service of Standing Soldier Service but to take the Military Training Standing Soldier Service; in the event that volunteers are not enough to fulfill the strength of soldiers, those shall serve the Active Service of Standing Soldier Service.
For those who passed the conscription examination, the Ministry of National Defense along with the Ministry of lnterior shall review the strength and sources of soldiers to determine the time to cease induction for Active Service and the year of birth of those who shall be exempted from Active Service, complying with the preceding Paragraph. The Ministry of Defense shall report the proposal to the Executive Yuan for approval, then send the approval to the Legislative Yuan for notice and announce it to the public. The same procedure applies when retrieving induction for Active Service.
The regulations regarding investigation, conscription examination, draw lots, induction, and other related affairs are determined jointly by the Ministry of National Defense and the Ministry of Interior.
If there are surplus or shortage of strength appropriate to take Active Service, the order of induction shall be determined according to the sequence of numbers drawn and Standing Soldier shall be filled up first, then the Replacement Soldier.
In the event that without harm to national defense and military affairs, and volunteers are sufficient to fulfill the strength of soldiers, those who have passed the conscription examination may be inducted not to serve the Active Service of Standing Soldier Service but to take the Military Training Standing Soldier Service; in the event that volunteers are not enough to fulfill the strength of soldiers, those shall serve the Active Service of Standing Soldier Service.
For those who passed the conscription examination, the Ministry of National Defense along with the Ministry of lnterior shall review the strength and sources of soldiers to determine the time to cease induction for Active Service and the year of birth of those who shall be exempted from Active Service, complying with the preceding Paragraph. The Ministry of Defense shall report the proposal to the Executive Yuan for approval, then send the approval to the Legislative Yuan for notice and announce it to the public. The same procedure applies when retrieving induction for Active Service.
The regulations regarding investigation, conscription examination, draw lots, induction, and other related affairs are determined jointly by the Ministry of National Defense and the Ministry of Interior.
Article 35
The Conscription Age Male who should be inducted to serve Active Service or Military Training of Standing Soldier Service with any of the following situations can be deferred：
1. Students who are studying in senior high schools or above, or participating in the non-school-based experimental education of equivalent level to senior high school.
2. Those who are prosecuted for committing a crime with a principal sentence of penal servitude for a definite period and still on trial, or who have been sentenced and are serving their terms.
In the event that the cause of deferment prescribed in the preceding Paragraph terminates, or when studying in junior colleges or above volunteer to take Military Training of Standing Soldier Service during winter or summer vacations, the male will still be inducted.
1. Students who are studying in senior high schools or above, or participating in the non-school-based experimental education of equivalent level to senior high school.
2. Those who are prosecuted for committing a crime with a principal sentence of penal servitude for a definite period and still on trial, or who have been sentenced and are serving their terms.
In the event that the cause of deferment prescribed in the preceding Paragraph terminates, or when studying in junior colleges or above volunteer to take Military Training of Standing Soldier Service during winter or summer vacations, the male will still be inducted.
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.
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
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.
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.
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.
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
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
Military Reserve Personnel and Replacement Soldiers who are under General Mobilization or Temporary Mobilization and with any of the following situations can be deferred：
1. Those who are sick and proven unable to perform the military operation.
2. Special technicians employed by military industries presently and have been examined and approved.
3. Teachers having teaching positions in senior high schools or under (including the first three years of five-year junior colleges) for more than one year and have been examined and approved.
4. Those who bear the living of their family with any of the following situations：
(1) No siblings can bear the living of the family.
(2) All siblings are serving in the military camp.
(3) All siblings are under 20 years of age.
(4) The family are identified as low-income or medium-low-income households.
5. Those who have no siblings and either of their parents are elder than 60 years old or deceased . However, this is not applicable where the parents are both deceased.
6. Those who are prosecuted for committing a crime with a principal sentence of penal servitude for a definite period and still on trial, or who have been sentenced and are serving their terms.
In the event that the cause of deferment prescribed in the preceding Paragraph terminates, the male will still be mobilized.
1. Those who are sick and proven unable to perform the military operation.
2. Special technicians employed by military industries presently and have been examined and approved.
3. Teachers having teaching positions in senior high schools or under (including the first three years of five-year junior colleges) for more than one year and have been examined and approved.
4. Those who bear the living of their family with any of the following situations：
(1) No siblings can bear the living of the family.
(2) All siblings are serving in the military camp.
(3) All siblings are under 20 years of age.
(4) The family are identified as low-income or medium-low-income households.
5. Those who have no siblings and either of their parents are elder than 60 years old or deceased . However, this is not applicable where the parents are both deceased.
6. Those who are prosecuted for committing a crime with a principal sentence of penal servitude for a definite period and still on trial, or who have been sentenced and are serving their terms.
In the event that the cause of deferment prescribed in the preceding Paragraph terminates, the male will still 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.
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 have been approved by a subordinate responsible unit of the Ministry of National Defense may be exempted from the Re-train, Services support and Accountability Mobilizations.
1- Unable to move freely due to an illness.
2- Having the need to personally handle a major family incident.
3- Being a student studying in a secondary school or higher.
4- Being an elected representative who is in session.
5- Traveling abroad on business.
6- Being a sailor who is on a foreign route voyage.
7- Being a crime suspect who is in detention or serving a sentence.
8- Cannot be mobilized due to other special circumstances.
The standards for determining the situations under the subparagraphs of the preceding paragraph shall be prescribed by the Ministry of National Defense.
1- Unable to move freely due to an illness.
2- Having the need to personally handle a major family incident.
3- Being a student studying in a secondary school or higher.
4- Being an elected representative who is in session.
5- Traveling abroad on business.
6- Being a sailor who is on a foreign route voyage.
7- Being a crime suspect who is in detention or serving a sentence.
8- Cannot be mobilized due to other special circumstances.
The standards for determining the situations under the subparagraphs of the preceding paragraph shall be prescribed by the Ministry of National Defense.
CHAPTER – 9 Rights and Obligations
Article 44
Citizens who serve in the Military Services are entitled to the following rights:
1.During the Active Service or military training period, students shall retain their student status and employees shall retain their original job position and seniority.
2.During the Active Service or military training period, if one’s dependents are unable to maintain their livelihood, the government shall provide assistance.
3.For those who become disabled due to an injury caused by wartime activities or in the line of official duties, the government shall take care of their rearing and education, or send them back to their hometowns according to their wish.
4.For those who die in battle or on official duties, if their families cannot afford the rearing and education of their children, the government shall take care of the rearing and education of those children until they attain adulthood. For those who die in battle training or on official duties, and for those who die after serving more than ten (10) years in active service, the government shall take proper care of their surviving families the same way as the treatment of surviving dependents of veterans in accordance with relevant laws and regulations.
5.For those who die in battle or on official duties, the government shall be responsible for their funerals, erecting memorial tombstones and monuments to honor them, and paying respect to them regularly.
6.For those who die as a result of an illness or accident, their spouses, and the spouses of the Standing Servicemen specified in the preceding subparagraph can be buried in a military cemetery.
7.The rights to other honors, rewards, bereavement compensations, insurance, solatia for injury or death, nursing allowances, and fringe benefits entitled by laws.
The standards for determining disability caused by injury under Subparagraph 3 of the preceding paragraph shall be prescribed by the Ministry of National Defense.
The provisions of Subparagraph 4 of Paragraph 1 do not apply to those who have served in Active Service for more than ten (10) years and die while driving a motor vehicle after taking alcohol, narcotics or other similar substances, or die from using illicit drugs, or by crime-related suicide or engaging in other illegal activities.
The provisions of Subparagraph 4 of Paragraph 1 also apply mutatis mutandis to the surviving families of those who die after serving more than ten (10) years in Active Service prior to the promulgation of articles amended on April 18, 2023.
The provisions of Subparagraph 6 of Paragraph 1 shall apply mutatis mutandis to veterans who are recognized as honorable citizens and their spouses when they pass away.
The government may handle the matters set out in Subparagraph 6 of Paragraph 1 and the preceding paragraph in view of the government’s fiscal conditions; the regulations governing qualifications, procedures, criteria, and other related matters shall be prescribed by the Ministry of National Defense and the Ministry of the Interior respectively.
1.During the Active Service or military training period, students shall retain their student status and employees shall retain their original job position and seniority.
2.During the Active Service or military training period, if one’s dependents are unable to maintain their livelihood, the government shall provide assistance.
3.For those who become disabled due to an injury caused by wartime activities or in the line of official duties, the government shall take care of their rearing and education, or send them back to their hometowns according to their wish.
4.For those who die in battle or on official duties, if their families cannot afford the rearing and education of their children, the government shall take care of the rearing and education of those children until they attain adulthood. For those who die in battle training or on official duties, and for those who die after serving more than ten (10) years in active service, the government shall take proper care of their surviving families the same way as the treatment of surviving dependents of veterans in accordance with relevant laws and regulations.
5.For those who die in battle or on official duties, the government shall be responsible for their funerals, erecting memorial tombstones and monuments to honor them, and paying respect to them regularly.
6.For those who die as a result of an illness or accident, their spouses, and the spouses of the Standing Servicemen specified in the preceding subparagraph can be buried in a military cemetery.
7.The rights to other honors, rewards, bereavement compensations, insurance, solatia for injury or death, nursing allowances, and fringe benefits entitled by laws.
The standards for determining disability caused by injury under Subparagraph 3 of the preceding paragraph shall be prescribed by the Ministry of National Defense.
The provisions of Subparagraph 4 of Paragraph 1 do not apply to those who have served in Active Service for more than ten (10) years and die while driving a motor vehicle after taking alcohol, narcotics or other similar substances, or die from using illicit drugs, or by crime-related suicide or engaging in other illegal activities.
The provisions of Subparagraph 4 of Paragraph 1 also apply mutatis mutandis to the surviving families of those who die after serving more than ten (10) years in Active Service prior to the promulgation of articles amended on April 18, 2023.
The provisions of Subparagraph 6 of Paragraph 1 shall apply mutatis mutandis to veterans who are recognized as honorable citizens and their spouses when they pass away.
The government may handle the matters set out in Subparagraph 6 of Paragraph 1 and the preceding paragraph in view of the government’s fiscal conditions; the regulations governing qualifications, procedures, criteria, and other related matters shall be prescribed by the Ministry of National Defense and the Ministry of the Interior respectively.
Article 44-1
The solatia for injury or death, the collective insurance against accident risks, and other rewards and allowances entitled to the Standing Servicemen pursuant to Subparagraph 7 of Paragraph 1 of the preceding Article and other laws, unless otherwise prescribed by laws, the regulations of the recipients, categories, conditions, and procedures of the payments shall be drafted by the Ministry of National Defense and the Ministry of the Interior respectively, and determined by the Executive Yuan.
The rewards, allowances, and other rights entitled to the Standing Servicemen prescribed in the preceding Paragraph shall apply mutatis mutandis to the civil servants or employed staff servicing for the Ministry of National Defense, its subordinate agencies, troops, or schools. The personnel as previously mentioned can participate in the military collective insurance against accident risks at their own expenses on the conditions equivalent to the Standing Servicemen.
The rewards, allowances, and other rights entitled to the Standing Servicemen prescribed in the preceding Paragraph shall apply mutatis mutandis to the civil servants or employed staff servicing for the Ministry of National Defense, its subordinate agencies, troops, or schools. The personnel as previously mentioned can participate in the military collective insurance against accident risks at their own expenses on the conditions equivalent to the Standing Servicemen.
Article 45
Those who serve the Military Service in the military camp and take Military Training of Standing Soldier Service, shall perform the following obligations:
Subparagraph 1- Swearing to be loyal to the Republic of China.
Subparagraph 2- Obeying military laws.
Subparagraph 3- Responsible for keeping the confidentiality of line of duty; even after being discharged.
Subparagraph 1- Swearing to be loyal to the Republic of China.
Subparagraph 2- Obeying military laws.
Subparagraph 3- Responsible for keeping the confidentiality of line of duty; even after being discharged.
CHAPTER – 10 Supplementary Provisions
Article 46
The Law for regulating the Damaging of Military Service is separately instituted.
Article 47
The man or the fame of the statutory age、Soldiers of Standing or the reserved Service, due to the Military needs of the National Defense, have to depend on it volunteers to attend to select and accepting the foundation training the expiration qualifies, taking to Volunteer Enlisted Soldiers.
Service of a Voluntary Soldiers is instituted in other law.
Service of a Voluntary Soldiers is instituted in other law.
Article 48
Children that match the age stated on Article-3,can be educated, on their own wish, with a certain Military Assisted Duty Educations, and can perform their Military Assisting Duty when war occurs, its recruitment and service regulations are instituted in other law.
Female voluntary servicing as a Ranking Officer Service、Non Commission Officer Service，are regulated in Article-14 of this Act.
Female voluntary servicing as a soldier, are regulated in Item-2 above Article of this Act.
Female voluntary servicing as a Ranking Officer Service、Non Commission Officer Service，are regulated in Article-14 of this Act.
Female voluntary servicing as a soldier, are regulated in Item-2 above Article of this Act.
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
By the enforcement of the this Act, the limit of servicing period of the Replacement Soldiers and Trained National Guard at the valid time of separation. The regulations of magement are instituted by the Ministry of National Defense and the Ministry of Interior.
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.