Civil Defense Act
2021-01-20
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Article 1
This legislation is enacted to effectively utilize civilian resources, enhance civilian self-defense and self-help capabilities, collectively protect the lives, bodies and property of the people, and achieve disaster prevention and relief during peacetime, as well as provide effective support for military missions during wartime.
Matters not stipulated in this Act shall be governed by the provisions of other relevant laws and regulations.
Matters not stipulated in this Act shall be governed by the provisions of other relevant laws and regulations.
Article 2
The scope of civil defense work is defined as follows:
1. Disseminating air attack information, issuing alarms, and facilitating air defense evacuation and sheltering, and air attack disaster protection.
2. Assisting rescue operations following serious disasters.
3. Assisting in maintaining local social order or undertaking civil self-defense.
4. Supporting military tasks.
5. Engaging in the organization, training, drills, and duty execution for civil defense manpower.
6. Taking responsibility for the organization, training, drills, and duty execution for vehicles, engineering machinery, ships, aircraft, and other equipment and materials relating civil defense affairs.
7. Undertaking civil defense education and promotion.
8. Ensuring the preparedness of civil defense facilities and equipment.
9. Other matters related to civil defense preparedness.
1. Disseminating air attack information, issuing alarms, and facilitating air defense evacuation and sheltering, and air attack disaster protection.
2. Assisting rescue operations following serious disasters.
3. Assisting in maintaining local social order or undertaking civil self-defense.
4. Supporting military tasks.
5. Engaging in the organization, training, drills, and duty execution for civil defense manpower.
6. Taking responsibility for the organization, training, drills, and duty execution for vehicles, engineering machinery, ships, aircraft, and other equipment and materials relating civil defense affairs.
7. Undertaking civil defense education and promotion.
8. Ensuring the preparedness of civil defense facilities and equipment.
9. Other matters related to civil defense preparedness.
Article 3
The competent authority referred to in this law is the Ministry of the Interior at the central level, municipal governments at the municipality level, and county (city) governments at the county (city) level.
Civil defense tasks related to military duties shall be executed by the central competent authority in conjunction with the Ministry of National Defense in time of peace. During wartime, the Ministry of National Defense shall coordinate the use of civil defense teams by the central-level competent authority in support of military duties.
Civil defense tasks related to military duties shall be executed by the central competent authority in conjunction with the Ministry of National Defense in time of peace. During wartime, the Ministry of National Defense shall coordinate the use of civil defense teams by the central-level competent authority in support of military duties.
Article 4
Civil defense teams shall be organized into task forces in the following ways:
1. Each municipal or county (city) government shall organize its own general civil defense group, under which are task forces (headquarters, corps), institutions (stations), and terminal stations. Each township (city, district) office shall organize a civil defense regiment, under which are brigades, branches, institutions, and stations. Each village shall organize a civil defense sub-regiment, under which are duty sections.
2. Railway, highway, port, airport, telecommunications, power, oil refining, water supply companies and other publicly- or privately-owned enterprises or institutions shall organize special protection teams.
3. Departments (institutes), schools, organizations, companies, and factories other than those in the preceding two subparagraphs and consisting of 100 employees or more shall each be equipped with its own protection teams. Organizations with fewer than 100 people shall be equipped with a joint defense regiment in the same building or industrial zone.
The central competent authority and the Ministry of National Defense shall jointly enact Regulations Governing the Organization, Training, Drills, Duty Execution and Military Operation Support of Civil Defense Forces.
As mentioned in the Article2 Subparagraph 6, the central competent authority, in conjunction with the Ministry of Transportation and Communications and the Council of Agriculture, Executive Yuan, shall enact regulations for the organization, training, drills, and duty execution of vehicles, engineering machinery, ships, aircrafts, and other equipment and materials related to civil defense matters.
1. Each municipal or county (city) government shall organize its own general civil defense group, under which are task forces (headquarters, corps), institutions (stations), and terminal stations. Each township (city, district) office shall organize a civil defense regiment, under which are brigades, branches, institutions, and stations. Each village shall organize a civil defense sub-regiment, under which are duty sections.
2. Railway, highway, port, airport, telecommunications, power, oil refining, water supply companies and other publicly- or privately-owned enterprises or institutions shall organize special protection teams.
3. Departments (institutes), schools, organizations, companies, and factories other than those in the preceding two subparagraphs and consisting of 100 employees or more shall each be equipped with its own protection teams. Organizations with fewer than 100 people shall be equipped with a joint defense regiment in the same building or industrial zone.
The central competent authority and the Ministry of National Defense shall jointly enact Regulations Governing the Organization, Training, Drills, Duty Execution and Military Operation Support of Civil Defense Forces.
As mentioned in the Article2 Subparagraph 6, the central competent authority, in conjunction with the Ministry of Transportation and Communications and the Council of Agriculture, Executive Yuan, shall enact regulations for the organization, training, drills, and duty execution of vehicles, engineering machinery, ships, aircrafts, and other equipment and materials related to civil defense matters.
Article 5
The people of the Republic of China shall participate in the organization of civil defense teams and accept training, drills, and duty execution of civil defense matters in compliance with the following requirements:
1. Employees in municipal or county (city) government, township (city, district) office departments of civil administration, firefighting, social work, health and construction (engineering) , and the heads of villages/neighborhoods shall be selected in accordance with their responsibilities, expertise, experience, and physical energy to participate in organization of civil defense headquarters, teams, and branches.
2. Employees in railway, highway, port, airport, telecommunications, power, oil refining, or water supply companies and other public or private utilities shall be selected according to their responsibilities, expertise, experience, and physical energy to participate in the organization of specialized protection teams.
3. Employees in organizations (institutes), schools, groups, companies, and factories other than those indicated in the preceding two subparagraphs and located in the same building or industrial zone shall participate in the organization of their own protective teams or joint protective teams. Students at the senior high school level or above shall participate in the organization of support services for their respective protection teams.
4. Adults other than those mentioned in the preceding three subparagraphs and under 70 years of age shall be selected according to their residential district, expertise, experience, and physical energy to participate in the organization of civil defense headquarters, teams, and branches.
The central competent authority in association with the Ministry of Education shall establish provisions for the organization, education, drills, and duty execution of the civil defense protection teams at schools at the senior high level and above, as mentioned in the preceding Subparagraph 3.
When necessary, the competent authorities at different levels may combine with the national civil defense mobilization and preparedness system to assist rescue and relief operations during major disasters.
1. Employees in municipal or county (city) government, township (city, district) office departments of civil administration, firefighting, social work, health and construction (engineering) , and the heads of villages/neighborhoods shall be selected in accordance with their responsibilities, expertise, experience, and physical energy to participate in organization of civil defense headquarters, teams, and branches.
2. Employees in railway, highway, port, airport, telecommunications, power, oil refining, or water supply companies and other public or private utilities shall be selected according to their responsibilities, expertise, experience, and physical energy to participate in the organization of specialized protection teams.
3. Employees in organizations (institutes), schools, groups, companies, and factories other than those indicated in the preceding two subparagraphs and located in the same building or industrial zone shall participate in the organization of their own protective teams or joint protective teams. Students at the senior high school level or above shall participate in the organization of support services for their respective protection teams.
4. Adults other than those mentioned in the preceding three subparagraphs and under 70 years of age shall be selected according to their residential district, expertise, experience, and physical energy to participate in the organization of civil defense headquarters, teams, and branches.
The central competent authority in association with the Ministry of Education shall establish provisions for the organization, education, drills, and duty execution of the civil defense protection teams at schools at the senior high level and above, as mentioned in the preceding Subparagraph 3.
When necessary, the competent authorities at different levels may combine with the national civil defense mobilization and preparedness system to assist rescue and relief operations during major disasters.
Article 6
Persons meeting any of the following criteria may be exempted from participating in the organization of civil defense teams:
1. Those in active military service and receiving military training in accordance with the Military Service System Act.
2. Reservists listed annual mobilization plan personnel.
3. Militia members and reservists enlisted in auxiliary military service units.
4. Persons discharged from alternative military service and enlisted in service teams.
1. Those in active military service and receiving military training in accordance with the Military Service System Act.
2. Reservists listed annual mobilization plan personnel.
3. Militia members and reservists enlisted in auxiliary military service units.
4. Persons discharged from alternative military service and enlisted in service teams.
Article 7
Persons meeting any of the following criteria may be exempted from participating in the organization of civil defense teams pending the approval of the competent authority:
1. Those with physical or mental disability.
2. Those whose health conditions makes them unfit for participation.
3. Those with official obligations that make them unsuitable for participation.
1. Those with physical or mental disability.
2. Those whose health conditions makes them unfit for participation.
3. Those with official obligations that make them unsuitable for participation.
Article 8
When civil defense team members engage in training, drills, and duty execution, the organizing agencies (institutes) shall provide them with accommodations, meals and transportation, issue reimbursement based on actual needs. Allowances shall be provided during the period of duty service, with the allowance standards set by the central competent authority.
During the period of training, drills, or duty execution, the organizations (institutes), schools, groups, companies, or factories to which the personnel belong shall grant official leaves of absence.
During the period of training, drills, or duty execution, the organizations (institutes), schools, groups, companies, or factories to which the personnel belong shall grant official leaves of absence.
Article 9
Personnel participating in the organization of civil defense teams who are injured, disabled, or die as a result of training, drills, or duty execution shall apply for relevant benefits according to their professional status. For those unable to apply for benefits in according with the preceding paragraph, the following provisions shall apply:
1. Injury or illness: The expenses for medical treatment shall be covered by the handling government agency.
2. Physical or mental disability: One-time compensation for physical or mental disability shall be paid in accordance with the following requirements:
(1) Severe or moderate physical or mental disability: 36 base units.
(2) Moderate physical or mental disability: 18 base units.
(3) Mild physical or mental disability: 8 base units.
3. Death: a one-time condolence payment of 90 base units.
4. For death caused by injury, illness, or physical or mental disability, the one-time condolence payment shall be supplemented in accordance with the provisions of the preceding subparagraph.
The calculation of base units in the preceding paragraph shall be based on the highest monthly salary of civil servants appointed as fifth-grade seniority.
The assessment of disability levels shall be conducted in accordance with the Physically and Mentally Disabled Citizens Protection Act and relevant regulations.
For those who apply for various benefits according to the provisions of paragraph 1, if the amount already received is lower than the provisions of subparagraphs 2 to 4 of paragraph 2, the difference shall be supplemented.
The expenses required in paragraph 2 and the difference to be supplemented in the preceding paragraph shall be reported by the handling organization (institution) to the respective municipal, county (city) government for approval. However, for personnel of public utility enterprises mentioned in subparagraph 2 of Article 4, if there is a need to supplement the difference mentioned above, it is subject to approval by the competent authority for the relevant business purpose.
1. Injury or illness: The expenses for medical treatment shall be covered by the handling government agency.
2. Physical or mental disability: One-time compensation for physical or mental disability shall be paid in accordance with the following requirements:
(1) Severe or moderate physical or mental disability: 36 base units.
(2) Moderate physical or mental disability: 18 base units.
(3) Mild physical or mental disability: 8 base units.
3. Death: a one-time condolence payment of 90 base units.
4. For death caused by injury, illness, or physical or mental disability, the one-time condolence payment shall be supplemented in accordance with the provisions of the preceding subparagraph.
The calculation of base units in the preceding paragraph shall be based on the highest monthly salary of civil servants appointed as fifth-grade seniority.
The assessment of disability levels shall be conducted in accordance with the Physically and Mentally Disabled Citizens Protection Act and relevant regulations.
For those who apply for various benefits according to the provisions of paragraph 1, if the amount already received is lower than the provisions of subparagraphs 2 to 4 of paragraph 2, the difference shall be supplemented.
The expenses required in paragraph 2 and the difference to be supplemented in the preceding paragraph shall be reported by the handling organization (institution) to the respective municipal, county (city) government for approval. However, for personnel of public utility enterprises mentioned in subparagraph 2 of Article 4, if there is a need to supplement the difference mentioned above, it is subject to approval by the competent authority for the relevant business purpose.
Article 10
The sequence for the surviving family to apply for the compensation indicated in Paragraph 2 of the preceding article is as follows:
1. Spouse, son(s), and daughter(s).
2. Parents.
3. Grandparents.
4. Grandchildren.
5. Sibling(s).
In case there are several heirs in the same priority category as indicated in the preceding paragraph, the funeral benefit shall be paid evenly to each of them. When anyone renounces his or her right or loses that right due to statutory reasons, the money shall be paid to the remaining persons with the same priority. If no one with the same priority level applies for the money, it may be claimed by the heirs in the next order of priority.
When the deceased team member has left a will designating the order of priority for claiming the compensation, the content of the will shall be followed.
1. Spouse, son(s), and daughter(s).
2. Parents.
3. Grandparents.
4. Grandchildren.
5. Sibling(s).
In case there are several heirs in the same priority category as indicated in the preceding paragraph, the funeral benefit shall be paid evenly to each of them. When anyone renounces his or her right or loses that right due to statutory reasons, the money shall be paid to the remaining persons with the same priority. If no one with the same priority level applies for the money, it may be claimed by the heirs in the next order of priority.
When the deceased team member has left a will designating the order of priority for claiming the compensation, the content of the will shall be followed.
Article 11
The right to apply for individual reimbursements under Article 9 shall expire if not exercised within 2 years from the date goes into effect, unless otherwise prescribed based on the position held by the group member.
Rights to apply for reimbursement may not be transferred, countervailed, seized, or used to provide a guarantee.
Rights to apply for reimbursement may not be transferred, countervailed, seized, or used to provide a guarantee.
Article 12
When civil defense activity is needed in the event of war or emergencies, if the public interest would be seriously harmed due to delays in the use of needed land, land improvements, or urgent repairs or transportation equipment and their operators, the competent authority may issue requisition orders to acquire land or land improvements for the installation of air defense facilities, facilities for care of the injured and sick, and temporary disaster shelters, as well as for the emergency repair, transportation, and necessary operation personnel for evacuation and shelter, disaster prevention and relief, and the transportation of materials and for other purposes.
Article 13
When civil defense activity is needed in the event of war or emergencies, the competent authority may coordinate with local health authorities to issue procurement orders to purchase medicines, medical supplies for emergency medical treatment, and other materials necessary for civil defense as designated and announced by the Executive Yuan.
Article 14
Requisition or procurement under the preceding two articles shall be handled in accordance with the following requirements:
1. The owners and managers shall deliver the requisitioned materials according to the time and address specified in the requisition or procurement orders.
2. Upon receiving the materials, the agencies using the materials shall produce a receipt recording the names, quantities, depreciation status, and assessed prices of the goods.
3. For requisitioned materials, a statement of the requisition period shall be provided to the owners and managers of the requisitioned materials.
4. Requisitioned operational personnel shall report for duty to the requisitioning authority at the time and address specified in the requisition orders.
The central competent authority, jointly with the other relevant authorities, shall establish provisions governing the requisition, procurement, and compensation referred to in the preceding paragraph.
1. The owners and managers shall deliver the requisitioned materials according to the time and address specified in the requisition or procurement orders.
2. Upon receiving the materials, the agencies using the materials shall produce a receipt recording the names, quantities, depreciation status, and assessed prices of the goods.
3. For requisitioned materials, a statement of the requisition period shall be provided to the owners and managers of the requisitioned materials.
4. Requisitioned operational personnel shall report for duty to the requisitioning authority at the time and address specified in the requisition orders.
The central competent authority, jointly with the other relevant authorities, shall establish provisions governing the requisition, procurement, and compensation referred to in the preceding paragraph.
Article 15
The following materials may not be requisitioned or procured:
1. Materials owned by persons with diplomatic immunity.
2. Materials that government agencies require to execute public duties.
3. People’s daily necessities.
4. Others designated items announced by the Executive Yuan.
1. Materials owned by persons with diplomatic immunity.
2. Materials that government agencies require to execute public duties.
3. People’s daily necessities.
4. Others designated items announced by the Executive Yuan.
Article 16
The following personnel may not be requisitioned:
1. Those serving in active military service and receiving military training in accordance with the Act of Military Service System.
2. Reservists designated as essential personnel in the annual mobilization plan.
3. Militia and reservists enlisted in the auxiliary military service corps.
4. People with physical or mental disabilities.
5. Those whose health conditions make them unfit for service.
6. Those whose official duties make them unsuitable for participation.
1. Those serving in active military service and receiving military training in accordance with the Act of Military Service System.
2. Reservists designated as essential personnel in the annual mobilization plan.
3. Militia and reservists enlisted in the auxiliary military service corps.
4. People with physical or mental disabilities.
5. Those whose health conditions make them unfit for service.
6. Those whose official duties make them unsuitable for participation.
Article 17
Compensation shall be paid for requisitioned materials in accordance with the following standards:
1. Compensation for land or land improvements shall be handled pursuant to the requirements regarding compensation for requisition as stipulated in the Land Expropriation Act.
2. Compensation for emergency repairs and transportation equipment shall be paid in accordance with the government-approved transportation rate. In the absence of a standard transportation rate, the compensation shall be paid by the competent authority with reference to the market price at the place where the requisition occurred.
If the requisitioned materials mentioned in the preceding Subparagraph 2 are damaged during the requisition period, the competent authority shall repair them. If they cannot be repaired or are destroyed or lost, they shall be released from requisition and the compensation shall be paid at the time of release.
The compensation indicated in the preceding paragraph shall be assessed according to the value at the time of the release from requisition, damage, destruction, or loss.
1. Compensation for land or land improvements shall be handled pursuant to the requirements regarding compensation for requisition as stipulated in the Land Expropriation Act.
2. Compensation for emergency repairs and transportation equipment shall be paid in accordance with the government-approved transportation rate. In the absence of a standard transportation rate, the compensation shall be paid by the competent authority with reference to the market price at the place where the requisition occurred.
If the requisitioned materials mentioned in the preceding Subparagraph 2 are damaged during the requisition period, the competent authority shall repair them. If they cannot be repaired or are destroyed or lost, they shall be released from requisition and the compensation shall be paid at the time of release.
The compensation indicated in the preceding paragraph shall be assessed according to the value at the time of the release from requisition, damage, destruction, or loss.
Article 18
For each operator requisitioned under Article 12, the competent authority shall pay compensation in accordance with the payment criteria set by the respective agency or employer that the operator worked for at the time of requisition. In case of injury, illness, physical or mental disability, or death caused by the requisition, compensation shall be paid pursuant to the requirements in Article 9.
Article 19
The competent authority shall refer to the market price and depreciation status when assessing the value of procured materials prior to the procurement.
The assessed prices indicated in the preceding paragraph shall be paid upon delivery of the materials.
The assessed prices indicated in the preceding paragraph shall be paid upon delivery of the materials.
Article 20
Once the reasons for requisition of materials no longer exist, the competent authority shall derequisition the materials and return them to the original owners or managers at the location where the requisitioned materials were delivered.
Operators of the requisitioned materials indicated in the preceding paragraph shall be derequisitioned at the same time.
Operators of the requisitioned materials indicated in the preceding paragraph shall be derequisitioned at the same time.
Article 21
The Ministry of National Defense may carry out air defense drills jointly with other relevant authorities and issue commands to execute evacuation, sheltering, and necessary controls regarding traffic, lighting, noise, etc., to reduce the damage caused by air attacks. The Ministry of National Defense, jointly with the central competent authority, shall establish the Implementing Regulation on Air-raid Practice.
Article 22
As needed for defense against air attacks and supporting military duties in the event of war or imminent warfare, the Ministry of National Defense may cooperate with the central competent authority and other authorities to issue and execute orders regarding:
1. Control and evacuation of people and materials.
2. Prohibition or restriction of civil aviation or ship navigation.
3. Control of traffic, lighting, and noise.
4. Assistance to the military to implement monitoring and communication for air defense operations.
5. Provision of information or conducting inspections to assist in air defense investigations.
1. Control and evacuation of people and materials.
2. Prohibition or restriction of civil aviation or ship navigation.
3. Control of traffic, lighting, and noise.
4. Assistance to the military to implement monitoring and communication for air defense operations.
5. Provision of information or conducting inspections to assist in air defense investigations.
Article 23
In any of the following circumstances, a sentence of up to one year imprisonment or detention shall be imposed, or in lieu thereof or in addition thereto, a fine of not more than 500,000 New Taiwan Dollars:
1. Violating any requisition or procurement order issued under Article 12 or 13 by failing to deliver the requisitioned (procured) materials or report to the requisitioning department at the specified time and address.
2. Violating any order issued under the preceding articles.
1. Violating any requisition or procurement order issued under Article 12 or 13 by failing to deliver the requisitioned (procured) materials or report to the requisitioning department at the specified time and address.
2. Violating any order issued under the preceding articles.
Article 24
Under any of the following circumstances, a fine of not less than NTD30,000 and not more than NTD150,000 may be levied, with each violation subject to fine:
1. Violating the requirements in Article 4, Paragraph 1, Subparagraphs 2 and 3 by failing to organize a civil defense team and continuing to fail to organize it by the deadline of 3 months following the date of notification.
2. Violating the provisions stipulated in Article 4, Paragraph 2 or 3 by failing to carry out relevant organization, training, drills, duty execution or support and continuing to do so by the given deadline.
3. Violating the requirements in Article 5, Paragraph 1, Subparagraphs 1 and 2 by failing to participate in civil defense organization, training, drills, or duty execution and continuing to do so by the given deadline.
Violating Article 5 ,Paragraph 1, Subparagraphs 3 and 4 by failing to participate in civil defense organization, training, drills, or duty execution and continuing to do so by the given deadline is punishable by a fine of at least NTD1,000 but not more than NTD6,000 and is subjected to dismissal.
1. Violating the requirements in Article 4, Paragraph 1, Subparagraphs 2 and 3 by failing to organize a civil defense team and continuing to fail to organize it by the deadline of 3 months following the date of notification.
2. Violating the provisions stipulated in Article 4, Paragraph 2 or 3 by failing to carry out relevant organization, training, drills, duty execution or support and continuing to do so by the given deadline.
3. Violating the requirements in Article 5, Paragraph 1, Subparagraphs 1 and 2 by failing to participate in civil defense organization, training, drills, or duty execution and continuing to do so by the given deadline.
Violating Article 5 ,Paragraph 1, Subparagraphs 3 and 4 by failing to participate in civil defense organization, training, drills, or duty execution and continuing to do so by the given deadline is punishable by a fine of at least NTD1,000 but not more than NTD6,000 and is subjected to dismissal.
Article 25
A fine of not less than NT30,000 and not more than NT$150,000 shall be imposed under any of the following circumstances:
1. Violating the requirements in Article 8, Paragraph 2 through absence without official leave.
2. Violating orders issued in accordance with Article 21.
1. Violating the requirements in Article 8, Paragraph 2 through absence without official leave.
2. Violating orders issued in accordance with Article 21.
Article 26
(Deleted)
Article 27
If a fine imposed pursuant to this Act is not paid within the prescribed period , the case shall be referred for compulsory execution.
Article 28
The funds needed for civil defense work shall be budgeted and provided or borne separately by governments at all levels, agencies (organizations), schools, groups, companies, and factories according to their nature.
Article 29
This Act shall apply to foreigners or stateless persons residing, domiciled, or owning property within the territory of the Republic of China, and to foreign legal persons, organizations (entities), schools, groups, companies, and factories with offices or property therein. However, where treaties, agreements, or other laws provide otherwise, those provisions shall prevail.
Article 30
The enforcement rules of this Act shall be decreed by the central competent authority.
Article 31
This Act shall enter into force on the date determined by the Executive Yuan through an order.
The amended provisions of this Law, except those announced and amended on May 5, 2004, shall come into effect on November 1, 2004, except as otherwise provided on the date of promulgation.
The amended provisions of this Law, except those announced and amended on May 5, 2004, shall come into effect on November 1, 2004, except as otherwise provided on the date of promulgation.