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法規名稱(Title) Statute of Favors for Military Servicemen & Their Dependents Ch
公發布日(Date) 2008.08.06
法規沿革(Legislative) 1.Promulgated on December 28, 1960
2.Amended on November 8, 2000
3.Amended on August 06, 2008
法規內文(Content)

Chapter 1 General Articles
Article 1   This Statue has been incorporated pursuant to Article 50 of Enforcement
            Regulations of Conscription Law.

Article 2   Beneficiaries entitled to those favors provided in these Regulations
            include:
            1. Active servicemen and their dependents.
            2. A reservist:
            (1) Who has completed Standing Commissioned Officer Service, Reserved
            Ranking Officer Service, Standing Non Commissioned Officer Service,
            Reserved Non Commissioned Officer Service, or Regular Service and has
            been duly discharged from the field service.
            (2) Who is duly discharged from the field service due to injury in combat
            or in performing the official duty.
            (3) Who is a Reserved Ranking Officer, or Reserved Non Commissioned Officer
            having successfully completed the training but not yet called for field
            service.

Article 3   Dependents referred in the Statute include:
            1. Spouse of the serviceman.
            2. Direct blood of the serviceman.
            3. Any other is legally supported by and lives together with the serviceman.
 
Chapter 2 Administration Authorities
Article 4   Favors allowed for the military servicemen and their dependents shall be
            respectively provided by the following authorities:1. Ministry of Interior
            (MOI) shall be the central regulating authorities; Ministry of National
            Defense (MOD), Ministry of Education (MOE) and Veterans Affairs Commission
            of Executive Yuan shall be the cosponsor regulating authorities; and any
            other agencies involved that negotiation and coordination are required at
            any time.2. On the local level, the local government shall be the regulating
            authorities and the headquarters of the Division/Regiment control area at
            where the local government is located shall be the cosponsoring regulating
            authorities.

Article 5   The local government and the Public Office shall conduct annual survey and
            summation of the conditions of the families of servicemen pursuant to the
            procedure to be set forth by MOI.

Article 6   Disregarding the native place, temporary or the duration of the temporary
            registered domicile address, all servicemen and their dependants may apply
            for the favors with the public office at where they reside by presenting
            the entries of conscription on their citizen’s ID or any other documents
            specified.

Chapter 3 Favors for Active Servicemen & their Dependants
Article 7   Any serviceman called or drafted during the mobilization period has any
            public/private debts or any pledged real estate incurred before the call
            or draft and fails to settle or redeem such debts or real estate upon
            the expiry of the legal term or that as contracted during his active
            service, one (1) year of grace may be allowed upon the completion of his
            military service if the legal term of service is not longer than one (1)
            year; or two (2) years of grace, if the legal term of service is longer
            than one (1) year.Failure to settle or redeem as referred in the preceding
            paragraph shall be investigated and arbitrated by the local conscription
            association and referred to the local government for approval; if according
            to the creditor, such arbitration is not properly made, the creditor may
            request for an re-examination by presenting evidences.

Article 8   Should the serviceman as referred in the preceding Article 7 be killed in
            the battle field or dead from injuries or handicapped as a result of
            performing his official duties, he or his inheritor may settle the debts
            or redeem the rear estate within three (3) years upon the serviceman is
            killed or disabled.

Article 9   If any serviceman called or drafted during the mobilization period or his
            dependent has leased or pledged a certain farm land or house before the
            call or the draft, and it is proved that such farm land or house is the
            means necessarily for life maintenance or habitation and the legal term
            or that as contracted for the leased farm land or house is expired at a
            time the serviceman is still in service, the leaser or the pledger shall
            not terminate the contract or redeem the pledge.


Article 10   No creditor is permitted to claim for a compulsory exercise of any and
             all properties relied upon for life maintenance by the dependents of
             any active serviceman called or drafted during the mobilization period.

Article 11   If any serviceman before being called or drafted is a owner-farmer or
             has leased or held pledged land before he has been called or drafted
             to service, and his dependents are proved incapable of farming while
             the serviceman is in service, the serviceman may apply for support
             farming the public office according to the procedure to be set forth
             by MOI.

Article 12   The marriage of the active serviceman shall be protected by the law.

Article 13   Payroll of the active servicemen shall be duly exempted from paying
             the income tax.

Article 14   If the serviceman before being called or drafted was an employed
             worker and the original employer upon seeking a substitute to fill
             the vacancy left by the serviceman shall have first offer to a
             competent member who is qualified for that job from the family of
             the serviceman.

Article 15   If the serviceman before being called or drafted was an employee to
             a government agency, public school and any entity of the public sector,
             the government agency, public school or the entity shall not suspend
             any and all dependent support allowance, ration of kind or money in
             lieu otherwise payable if the serviceman has not been called or drafted:
             Provided, however, that, the dependent support allowances should be
             suspended if the same is collected by the serviceman in the army.
             In addition to collecting the ration of kind, any acting proxy shall be
             entitled to the dependent support allowances, ration of kind or money in
             lieu.

Article 16   An official leave shall be granted to any active serviceman for the
             purpose of participating National High Examination, National Ordinary
             Examination or Special Qualification Examination as long as such
             participation in the examination does not in any way interfere with
             the national defense and military needs. Should the date for any of
             such examination happens to fall on the same day of being called or
             drafted to report to the army, the date of report may be postponed
             accordingly.

Article 17   To pay tributes to any active serviceman who is decorated for
             outstanding performance in the operation, the local government and
             any academic institute related at where the native or temporary
             household registration is maintained shall separately give public
             recite to the serviceman.

Article 18   Should any active serviceman who is listed on the missing person or
             becomes a prison of war due to engage in combat or performing official
             duties whether he has been proved remaining loyal to the country or
             is a status pending clarification, the treatment for the dependents
             of the serviceman shall be prescribed by MOD.

Article 19   Any active serviceman may be offered at favored rates whenever riding
             a train, sea vessel, airplane, bus and other transportation means
             operated by the public agency according to the procedure to be set
             forth by Ministry of Transportation and Communications (MOTC).

Article 20   Should the land leased or used for the construction of a residential
             house by an active serviceman and his dependents be related to public
             property, the serviceman may be entitled to a favored rate of lease
             during his term of service according to the procedure to be set forth
             by MOI. The favored rate of lease described in the preceding paragraph
             shall be limited only to the house occupied by the dependants of the
             active serviceman.

Article 21   Any active serviceman may be entitled to a favored admission rate to
             public entertainment places including theater, cinema house, etc.
             pursuant to the procedure to be set forth by MOI jointly with MOD.

Article 22   If the family of any active serviceman is proved in poverty, his
             dependents may apply for smaller amount of loan with the government.
             An in-service financing funds shall be created and maintained by the
             government for the appropriation of the loan as referred in the
             preceding paragraph pursuant to the loan application procedure to be
             set forth by Executive Yuan.

Article 23   The dependents of an active serviceman may apply for a favored rate
             of the state-owned civil utilities necessarily for life maintenance
             of the residential house occupied by the dependents of the active
             serviceman by presenting the Dependent Ration Card according to the
             procedure to be set forth by Ministry of Economic Affairs (MOEA)
             jointly with MOD.

Article 24   Dependents of active servicemen seeking medical care at a military
             hospital, public hospital and public service medical institute may
             be entitled to cost free or reduction according to the procedure
             to be set forth by MOI jointly with MOD.

Article 25   Any independent under age of 6 (included) or over 60 (included) of
             an active serviceman failing the support by the serviceman may be
             admitted on top priority to a public daily care institute, nursery
             home or asylum free of charge.

Article 26   Any child who attends junior high school or above of an active
             serviceman may be entitled to tuition exemption or reduction; the
             tuition to be exempted or reduced in case of the child attends a
             private school may be applied for subsides from the government
             according to the procedure to be set forth by Ministry of Education.

Article 27   Upon purchasing or collecting rationed goods of consumer necessities,
             the dependents of the active servicemen may be entitled with the
             first option.

Article 28   If any active serviceman and his dependents fail to afford holding
             marriage and/or funeral ceremonies, the local Public Office or the
             conscription association shall provide reasonable supports.

Article 29   If any dependent of the active serviceman is killed by the enemy
             during the war, the local government shall give a proper burial to
             the deceased and grant a reasonable sum of pension.


Chapter 4 Favors for Reservists
Article 30   Upon considering the successful candidate of newcomer by any
             government agency, public school or state-owned business entity,
             the candidate who is a reservist and with equivalent qualification
             with other candidates shall be registered and employed on top
             priority.

Article 31   Government agency, public school or state-owned business entities
             shall employ qualified reservist at top priority to undertake the
             following job functions that are:1. Applicable to military management
             organization and military training and education; or2. Meeting the
             professional training background of the reservist.

Article 32   Upon being transferred to take public service by a reservist, the
             service years completed in the army by the reservist shall be
             incorporated for the purpose of solving the service years of the
             reservist in that public service.The solving of the service years
             as described in the preceding paragraph shall be made pursuant to
             the procedure to be set forth by Executive Yuan jointly with
             Examination Yuan.

Article 33   Should any reservist get rusty on his professional technique as a
             result of taking the military service shall be allowed an opportunity
             of supplementary training for his professional technique upon being
             restored to his school or work place or admitted to a school or work
             place.

Article 34   If any reservist fails to maintain an affordable life before being
             employed, the social administration agency or the conscription
             association depending on its financial strength shall grant reasonable
             supports to the reservist.

Article 35   Among the applicants for leasing, collecting, developing a parcel of
             public land, the applicant reservist when qualified the same with other
             applicants shall be entitled to the first option.

Article 36   In the event that any reservist seeks to transfer to take public
             service, the examination and employment for the reservist shall be
             separately provided by the law.

Article 37   In the event that the any reservist is transferred to take public
             service and the employer agency is undergoing a reduced organization
             system or reorganization the job for the reservist shall be kept on
             top priority.

Article 38   In holding main event of celebration by the central or local
             administration, there may be made available the Bench or Honor for
             the invitation of the following persons:
             1.Those who had made outstanding contribution during their military
             services; and
             2.Those who had served in the army for two decades or longer.

Chapter 5 Termination of Favors
Article 39   Favors provided in Chapter 3 in the Statute shall be terminated once
             the active serviceman is deprived of his service status or is under
             warrant of arrest.

Article 40   Once the reservist is deprived of his status as such or is found with
             any of the following events, he shall be terminated with those favors
             permitted in Chapter 4 of the Statute:
             1. Having been convicted for an imprisonment and is serving his term; or
             2. Is under warrant of arrest;The favors shall be permanently suspended
             for any reservist having committed and convicted for a crime of treason,
             invasion or corruption.

Article 41   Any of the dependents entitled with the favors is found with any of the
             following events shall be suspended from enjoying those favors:
             1. To be deprived of nationality;
             2. Having been convicted for an imprisonment and is serving his term;
             3. Being under warrant of arrest;
             4. Being divorced, married in case of a daughter, or married in case of
             a son by taking after the bride’s maiden name; or
             5. Becoming an adopted child by other person.

Chapter 6 Special Articles
Article 42   Those favors available for military servicemen who has been duly
             discharged and exempted from military service shall be made pursuant
             to the procedure to be set forth by Veterans Affairs Commission.
 
Article 43   If the sequence for all favors permitted under the Statute should be
             defined, the sequence shall be made in the following order led by the
             active serviceman, dependents of the active serviceman, and the
             reservist. In case of same identity, the sequence shall be as follows:
             1. Having engaged in combat mission while in service;
             2. Having longer service record; and3. Suffering comparatively lower
             financial statue of the family.

Article 44   In addition to processing pursuant to Statute of Pension for Military
             Servicemen Pension for the matter of the survivals in the family of the
             military serviceman holding the pension payment order, Articles 23
             through 29 of Chapter 3 of the Statute may be referred to grant those
             favors during the effective term of collecting the pension.

Article 45   The Statute shall become operative on and after the day it is published.