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法規名稱(Title) Regulations for Exit of Draftees Ch
公發布日(Date) 2014.08.04
法規沿革(Legislative) 1.(as published on October 9, 1970)
2.(as amended on January 1, 1973)
3.(as amended on October 29, 1979)
4.(as amended on February 4, 1991.)
5.(as amended on June 25, 1998)
6.(as amended on May 19, 2000 )
7.(as amended on September 10, 2001)
8.(as amended on, December 6, 2007)
9.(as amended on, December 29, 2010)
10.(as amended on, July 30, 2011)
11.(as amended on, Aguest 4, 2014)
法規內文(Content)

Article 1   These Regulations have been incorporated pursuant to
            Paragraph 4 of Article 48 of Enforcement Regulations for
            Conscription Law.

Article 2   These Regulations and applicable laws of entrance and exit
            shall govern the application for exit filed by any male
            citizen of conscription age (the Draftee) but having not 
            yet performed his obligatory military service since the
            first (1st) day of January of the year immediately
            following his full age of eighteen (18) until the
            thirty-first (31st) day of December of the year reaching
            the age of thirty-six (36).

Article 3   The exit referred to in these Regulations shall mean the
            departure from the Taiwan area.
            The Taiwan Area referred to in the preceding paragraph
            herein shall mean that as defined in Article 2 of Statute
            of Relation between People from the Taiwan Area and
            People from the Mainland China area.

Article 4   The application for exit filed by a draftee shall be
            approved: Providing, however, that:
            1. The period approved for the exit of a draftee shall not
            be longer than two (2) years if the draftee is a student
            who has applied for the exit on the grounds of studying
            courses with a bachelor, master or doctor degree granted
            under cooperation between domestic and foreign
            universities. The period approved for exit shall be based
            on each program and the returning deadline shall not
            exceed the deadline of deferred conscription for domestic
            study.
            2. A draftee who receives a gold metal or first prize by
            representing the country as a contestant in International
            Mathematical Olympiad (excluding Asia physics,
            Asia-Pacific mathematics and international science for
            junior high students) or US International Science &
            Engineering Fair and is recommended by the Ministry of
            Education for study overseas may exit for the study
            period. The age of attending school shall not exceed
            thirty (30).
            3. The period approved for the exit of a draftee shall
            not be longer than one (1) year if the draftee is a
            student who has applied for the exit on the grounds of
            taking a research project, foreign studies, performance,
            visit, competition event, training or field practice as
            assigned or recommended. In addition, the return deadline
            shall not exceed the deadline of deferred conscription.
            To apply for exit on the grounds of taking a research
            project or foreign studies, it will be subject to twice
            for each program.
            4. The period approved for the exit of a draftee shall not
            be longer than six (6) months if the draftee, though not a
            student, has applied to exit on the grounds of
            representing the nation to give a performance or to
            participate in a competition as assigned or recommended.
            5. Any draftee applying for studying in a foreign country
            is required to be admitted by a school,including of Hong
            Kong and Macao.
            6. Any draftee applying for studying in Mainland China is
            required to be admitted by an accredited university and
            department recognized by the Ministry of Education of
            Taiwan.
            7. The period approved for the exit of a draftee shall not
            be longer than four(4) months if the draftee has applied
            for the exit on grounds other than those described in the
            preceding 6 Clauses.
            Those exit conditions described in the preceding Clauses 1
            to 4 and Clause 7 shall be also applicable to any draftee
            who has applied to exit to enter into the Mainland China
            area.
            However, those conditions described in Clauses 1 and 2 of
            the preceding Article shall only be applicable to any
            draftee who is now studying in the Mainland China area at
            a duly accredited university and department recognized by
            the Ministry of Education of Taiwan.
            Any draftee applying for studying abroad under Clause 5 in
            Paragraph 1 or Clause 6 in Paragraph 1, the limitations of
            degree and age are referred to the regulations of Clause 5
            in Paragraph 1.

Article 5   Any draftee who has departed from Taiwan or is approved
            for exit under Clause 5 in Paragraph 1 of the preceding
            Article, after reaching the age of conscription and will
            be studying abroad after the following January 1st, when
            meeting the following conditions, draftee will be required
            to file an application for a re-exit with a submission of
            a notarized certificate of study to the National
            Immigration Agency, Ministry of the Interior (hereinafter
            the Immigration Agency). Each stay shall not be longer
            than three (3) months:
            1. Has a high school degree in an academic institute
            accredited by the regulating authorities of education of
            that country.
            2. The ceiling age for overseas study for a bachelor’s
            degree is twenty-four (24) years old; a master’s degree
            is twenty-seven (27) years old; and thirty (30) years old
            for a doctorate degree. However, under the following
            conditions, the ceiling age can be extended. First, if a
            college which a draftee is pursuing his bachelor’s degree
            adopts an education system longer than four (4) years,
            the ceiling age may be extended for one (1) year or more,
            accordingly. Secondly, if a draftee pursues his master’s
            and/or doctorate degrees right after his previous study,
            the ceiling age will be extended according to the new
            degree. Extension for pursuing a doctorate degree will not
            be later than thirty-three (33) years old in any case.
            Finally, the last day of a year for the ceiling age
            limitation is the December 31st.
            In the event that the stay in Taiwan by the draftee taking
            foreign studies as described in the preceding
            subparagraphs has expired and an extension for exit is
            desired, the draftee may file an application for the
            extension with the Immigration Agency pursuant to the
            following requirements and in no case may the extension
            applied for be longer than three(3) months:
            1. If the draftee suffers from a serious illness, is a
            victim of a disaster or accident resulted form force de
            majeure, a certificate of diagnosis executed by the
            attending hospital and related documents shall be also
            submitted together with the application for extension.
            2. If the extension application is filed at a time that
            the school that the draftee attends is still in the course
            of a holiday or vacation, a notarized document executed by
            the school to certify the fact of the holiday/vacation
            shall be submitted together with the application form.
            The preceding two Clauses shall be applicable to any
            draftee who has departed from Taiwan for studying in Hong
            Kong or Macao after the January 1st of the conscription
            year, and also to any draftee approved for exit under the
            Clause 5 in Paragraph 1 of the preceding Article.
            Exit conditions described in the preceding Paragraphs 1
            and 2 of the article shall be applicable to any draftee
            who either has departed from Taiwan before conscription
            age or approved for exit under Clause 6 in Paragraph 1
            of the preceding Article to study at an accredited school
            and department in Mainland China recognized by the
            Ministry of Education of Taiwan for a bachelor’s,
            master’s or doctorate degree after the January 1st of
            the conscription year. In addition, the preceding
            Paragraphs 1 and 2 shall become applicable for a child
            of a Taiwanese businessman or an employee in a Taiwanese
            corporation in Mainland China, who either has departed
            from Taiwan before conscription age or been approved to
            study at an accredited school and department in Mainland
            China recognized by the Ministry of Education of Taiwan
            for a bachelor’s, master’s or doctorate degree after
            the January 1st of the conscription year. However, for
            a re-exit after reaching conscription age, a draftee is
            required to submit a proof of parents’employment
            working in Mainland China with his application.

Article 6   Any draftee has departed and not yet returned to Taiwan is
            prevented from contracting any other person to file the
            application for re-exit for the draftee; for the purpose
            of computation of the time of exit and entrance of the
            draftee, it shall commence from the next day immediately
            following the exit and entrance.

Article 7   According to Clauses 1 and 3 in Paragraph 1 of Article 4,
            to apply for an exit for a student who is currently
            studying in a domestic university, the domestic school
            shall prepare a formal document and submit it to the local
            government at where the student household registration is
            maintained for approval. In addition, according to Clause
            2 in Paragraph 1 of Article 4, draftee who is recommended
            by the Ministry of Education to study abroad shall
            personally submit related documents to his local
            government for approval. Moreover, according to Clause 4
            in Paragraph 1 of Article 4, a draftee who is applying for
            exit and currently not studying at any academic
            institution shall personally submit related documents to
            his local government for approval.
            The application for exit filed by a draftee as referred to
            in Clause 5 and 6 of Paragraph 1 of Article 4 shall be
            filed with the Immigration Agency for approval through
            related certificate applied by the draftee.  The
            application for exit filed by a draftee as referred to in
            Clause 7 of Paragraph 1 of Article 4 shall be filed with
            the local Public Office of a Hsiang (including Town, City,
            or District) at where the household registration of the
            draftee is maintained for approval: Provided, however,
            that if a deferred conscription has been approved for a
            student draftee, the approval for exit may be approved by
            the Immigration Agency according to the deferred
            conscription information approved by the local government
            at where the household registration of the draftee is
            maintained.
            The application for exit of any draftee referred to in the
            preceding paragraph, not of a student status and working
            on a pelagic fishery ship, shall be submitted together
            with a letter of guarantee executed by the ship owner and
            certified by the local fishery association at where the
            household registration of the draftee is maintained; or
            the application form shall be filed by the sponsoring
            training unit if the draftee is participating in a
            professional training program sponsored by regulating
            authorities of the government on sea navigation, engine
            operation, telecommunication, fishery, processing,
            manufacturing or refrigeration and a probation boarding
            a pelagic fishing ship is required.
            The pelagic fishing ship as referred to in the preceding
            paragraph is related to a ship, which has a tonnage not
            less than one hundred (100) tons and has been approved
            by the fishery regulating authorities to engage in
            external fishing cooperation or to have operated on an
            overseas base.

Article 8   If upon the expiry of the term of exit, the draftee is
            prevented from returning to Taiwan area due to serious
            illness, hazard or any other special accident of force de
            majeure and an extension for the return is required, an
            application for an extension of return together with a
            notarized diagnosis certificate executed by a local
            hospital and related support documents shall be submitted
            to the local Public Office where the household
            registration of the draftee is maintained to be approved
            by the local government in care of the Public Office. Up
            to two (2) months will be approved for each extension,
            and a renewal of application submitted together with a
            certificate of the latest diagnosis and support documents
            are required if upon the expiry of the extension the
            cause to prevent the draftee from returning to Taiwan
            still exists.
            Any son to a diplomat residing overseas, or any son who is
            a student having departed from Taiwan together with either
            of his parents may file the application for an extended
            return to Taiwan for a term of up to three (3) years for
            each extension by submitting a notarized certificate of
            study with the local government at where his household
            registration is maintained; Article 5 shall become
            operative in terms of age of attending school, term of
            stay in Taiwan, and extended exit. Provisions set forth
            in this paragraph are also applicable to sons of diplomats
            residing in Hong Kong or Macao.
            In the event that any draftee working on a pelagic fishing
            ship is prevented from returning to Taiwan as scheduled
            and an extension is required, the ship owner shall submit
            related documents and execute a letter of guarantee
            certified by the fishery association of the jurisdiction
            to apply for an extended return to Taiwan for a term of up
            to the deadline of the phase specified in the conscription
            order with the Public Office at where the household
            registration of the draftee is maintained to seek approval
            from the local government in care of the Public Office,
            provided, however, that the term of extension applied for
            shall never be over the thirty-first day of December of
            the year the draftee turns his full age of twenty-four
            (24).

Article 9   Any draftee found with any of the following events is
            restricted from departing from Taiwan area:
            1. He is already listed in a specific phase of
            conscription;
            2. He has been notified to take the conscription
            examination;
            3. He, as a returning Overseas Chinese is obligated to
            perform military service as provided in Conscription
            Regulations for Naturalized Aliens & Returning Overseas
            Chinese;
            4. He is restricted from departure according to
            Conscription Law and any other applicable laws and
            regulations;
            Any draftee referred to in Clauses 1 through 3 of the
            preceding paragraph desiring to depart from Taiwan for the
            occasion that his direct blood, or spouse overseas is
            dying or deceased may file the application for exit
            submitted together with notarized support documents with
            the local government for approval, and the term of exit
            when approved shall not be longer than thirty (30) days.
            The restriction shall be lifted for any draftee referred
            to in Clause 2 of Paragraph 1 who has completed the
            conscription examination. The restriction shall be lifted
            for any draftee referred to in Clause 3 of Paragraph 1
            who has completed the conscription obligation.
            For a draftee who has an event described in Clause 4 of
            Paragraph 1, the judicial, military institute or the
            regulating authorities at the central level shall serve
            an official act to the Immigration Agency for handling.

Article 10  The application for exit filed in the then current year or
            the next year immediately followed by any draftee who
            fails to return to Taiwan before the expiry of the term
            specified for the exit will be denied.
            If the draftee referred to in the preceding paragraph exit
            in case of any of his direct blood, or spouse living
            overseas is dying or deceased, Paragraph 2 of Article 9
            shall prevail.

Article 11  For the documents required by Clauses 5, 8 and 9; if the
            documents are prepared and issued from a foreign country,
            Hong Kong or Macao, they are required to be certified by
            an ROC embassy, consulate, representative office, or other
            agencies in Hong Kong or Macao that are founded or
            contracted with and appointed by the Executive Yuan of the
            Republic of China. If prepared and issued from Mainland
            China, the documents shall be certified by the agencies
            founded or contracted with and appointed by the Executive
            Yuan of the Republic of China. In addition, if documents
            are written in a foreign language, they shall be
            translated and certified by any of the agencies mentioned
            above.

Article 12  Unless provided with the prior approval from MOI, no
            additional visa for the status of Overseas Chinese shall
            be operated on any passport already operated with the chop
            reading “Conscription Obligation Pending”.

Article 13  All the regulating authorities shall coordinate to process
            the application for exit by a draftee according to the
            following requirements:
            1. Bureau of Consular Affairs, Ministry of Foreign Affairs
            (hereinafter the Consular Affairs): to operate the chop
            reading “Conscription Obligation Pending” on the final
            page of the passport issued to the draftee.
            2. Immigration Agency:
            (1) To approve the exit of any draftee qualified with the
            exit requirements and to operate the chop reading
           “Conscription Obligation Pending” on the last page of the
            passport if not previously operated by MOFA and notify
            Consular Affairs via formal letter.
            (2) To print out a daily communication list of the
            information on the entrance and exit records of the
            draftee approved for exit, and report the same to the
            household and conscription information system.
            (3) To notify the local government concerned whether any
            draftee approved for exit has not yet returned upon the
            expiry date of the term approved for the exit.
            3. Local Government:
            (1) To notify the Public Office to demand the principal,
            the head of the household or the family of the draftee
            that the draftee has not yet returned to Taiwan area
            according to the list produced and delivered by the
            school, or as notified by the Immigration Agency.
            (2) For any draftee though having been served with the
            demand and not yet returned to Taiwan area or
            conscription, the conscription agency shall verify the
            facts and submit support documents to refer the draftee
            to the law pursuant to Regulations of Disposition of
            Interference with Conscription.
            (3) To approve the exit of any draftee qualified with
            the exit requirements and to operate the chop reading
           “Conscription Obligation Pending” on the last page of
            the passport if not previously operated by MOFA and
            notice Consular Affairs via formal letter.
            (4) To supervise and assist Public Office with the work
            of processing exit applications, follow-up number
            checking, calculation, and recruiting after draftees
            return.
            4. Public Office:
            (1) To notify the principal, the head of the household
            or the family of the draftee that the draftee has not yet
            returned to Taiwan area, via formal letter. The notice
            period shall be six (6) months.
            (2) To investigate into the cause of the absence of duly
            processing the conscription formalities due to the
            failure of the draftee having departed from Taiwan and
            later re-entering into Taiwan after the exit to complete
            the household registration as required, and then refer
            the matter to the local government to refer the failure
            of the draftee to the law if the offense against the
            Regulations of Disposition of Interference with
            Conscription is found by said Public Office..
            (3) To approve the exit of any draftee qualified with
            the exit requirements and to operate the chop reading
           “Conscription Obligation Pending” on the last page of
            the passport if not previously operated by MOFA and
            notify Consular Affairs via formal letter.
            (4) If a draftee fails to meet the requirements of a
            degree or age of a study, the Public Office shall
            immediately notify the draftee and arrange him back into
            the recruiting system. After the notification, if a
            draftee fails to accept the military recruitment, the
            Public Office shall report to local government for
            ruling. If a draftee is found violating Military Service
            Act, he will be taken to court.
            For any student approved of deferred conscription when
            having suspended his studies, dropped out of the school
            or terminated his student status, the school having
            suspended, rejected, or terminated the studies of the
            draftee shall notify the local government at where the
            household registration of the draftee is maintained
            within thirty (30) days upon separation of the student
            from the school, to revoke its approval for a deferred
            conscription granted to the draftee pursuant to the
            Enforcement Regulations of Exemption, Restriction,
            Deferred Calling and Deferred Conscription.

Article 14  Any draftee having maintained his household registration
            in Taiwan area , and at the same time having the status
            of double nationalities, should enter into and depart
            from Taiwan area by presenting his ROC passport; any
            draftee entering into Taiwan by presenting a foreign
            passport and is duly subject to conscription shall be
            restricted from departing from Taiwan are until
            completion of his conscription obligation.

Article 15  If and when by the national defense and military
            purposes, MOD may jointly with MOI seek the approval
            from the Executive Yuan to suspend accepting all or any
            part of the applications for exit filed by draftees.

Article 16  These Regulations are not applicable to the application
            for entrance or exit filed by any draftee who is duly
            exempted from or restricted from taking military service,
            or who is a national guard already completing or pending
            the training, or a replacement.
            Any draftee who is a naturalized alien, overseas Chinese,
            or coming from the Mainland China area, Hong Kong, or
            Macao and not yet required to be subject to the
            conscription process according to the law applying for
            exit shall submit support documents to file for the
            approval with the Entrance & Exit Administration.

Article 17  For any male citizen who had departed from Taiwan before
            reaching his conscription age and is now studying at a
            duly accredited school overseas before the enactment of
            these Regulations as amended on June 26, 1988 and has
            returned to Taiwan area after having reached his
            conscription age and is applying for a re-exit, shall
            submit together with the application form a notarized
            certificate of study executed by a duly accredited school
            without being subject to the limits set forth in Clause 1
            of Paragraph 1 of Article 5 as amended also on June 26,
            1988 on taking a bachelor’s, master’s or doctor’s
            degree.

Article 18  These Regulations shall become operative on and after the
            day they are published.