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法規名稱(Title) Regulations Governing Application by Draftees-to-Be for Substitute Services Ch
公發布日(Date) 2013.07.17
法規沿革(Legislative) 1.Promulgated on April 26, 2000
2.Amended on August 10, 2001
3.Amended on March 21, 2003
4.Amended on April 24, 2012
5.Amended on July 17, 2013
法規內文(Content)

Chapter 1 General Provisions
 
Article 1    These Regulations are duly enacted in accordance with Paragraph 5 of
              Article 5 of Enforcement Statute for Substitute Services (hereinafter
              referred to as the Statute) and Article 21 of Regulations for
              Voluntary Military Services.
 
Article 2    A draftee-to-be (a male citizen within the range of conscript ages,
              subject to draft into military services) in the physical status
              graded for regular serviceman is entitled to apply for Substitute
              Services except one meeting any of the following who is not qualified
              for application:
              1. One in deferred draft, applying for reclassification of physical
              rank or for deferred draft.
              2. A draftee-to-be college, university or higher educational level,
              in the qualifications as a reservist officer, NCO.
              The restriction on application ceases to bind the one meeting
              conditions set forth in Clause 1 of the preceding paragraph if the
              cause for deferred draft ceases to exist in the year in which the
              application is filed, and ceases to bind the one if the applicant
              submits an affidavit to renounce the qualifications as a reservist
              officer, NCO if he is approved to serve the Substitute Services.
              Where a draftee-to-be who applies for Substitute Services is receiving
              a court trial or receives a final and irrevocable court judgement
              following his commission of a crime as the Substitute Services Review
              Committee passes the case, the competent authority of the government
              may disapprove of his application for Substitute Services or may
              restrict the categories of his Substitute Services. The restriction
              in this article, nevertheless, does not apply to a juvenile criminal,
              unintentional offender or a criminal granted a suspension which has
              not been revoked.
 
Article 3    Application and screening for Substitute Services shall be subject
              to the following operating procedures:
              1. Rationing of the quota: The competent authority of the government
              shall, not later than the last day of February every year, review the
              categories and demands for the Substitute Services as requested by
              the users and submit to the Executive Yuan (the Cabinet) for final
              decision.
              2. Public announcement: The competent authority of the government
              shall, in accordance with the categories and quotas of Substitute
              Services approved by the Executive Yuan (the Cabinet), propose the
              general regulations for screening Substitute Services and announce
              such general regulations to public.
              3. Application: The draftee-to-be or his agent shall, during the
              period of application as specified in the public announcement, submit
              application along with supporting documents to the local (Hsiang,
              city, district) government hall in the place where his household has
              been established. After the application is entertained, the
              draftee-to-be is free of draft until the specified date.
              4. Screening: Screening shall be completed within two months from
              public announcement. The applications shall be granted straight if
              the applicants are within the specified quota, and shall be
              determined by lot drawing if exceeding the specified quota.
              The aforementioned procedures may be handled by the competent
              authority of the government in installments as the actual demand
              may justify in the year.
              The number of applicants approved under Clause 1 of Paragraph 1
              excludes the ones who serve the Substitute Services because of
              religious, family factors.
              The general regulations for screening set forth in Clause 2 of
              Paragraph 1 shall describe the quotas for various categories of
              Substitute Services, qualifications and mode for screening, duration
              of Substitute Services, pay and restrictions.
 
Article 4    The qualifications and screening orders for application for
              Substitute Services are enumerated below:
              1. Religious, family factors: A draftee-to-be who applies due to a
              religious factor living up to requirements under Article 5, or applies
              as his family conditions live up to Article 11.
              2. Qualifications in expertise:(1) One who lives up to the expertise
              license/certificate in the category set forth in Article 4,
              Paragraph 1 of the Statute by satisfactorily passing a state-sponsored
              examinations.(2) One who obtains an expertise license/certificate in
              the category set forth in Article 4, Paragraph 1 of the Statute,
              issued by the central government level competent authorities in charge
              of the target business.(3) One who possesses the academic, provisional
              or specified training qualifications designated by the competent
              authorities in concert with the user authority.
              3. Volunteer qualifications: A draftee-to-be who has engaged in
              voluntary service related items for one year and has served for 150
              hours minimum and has possessed voluntary service certificate may be
              preferentially appointed to serve the Substitute Services in the
              relevant categories.
              4. General qualifications: A draftee-to-be who possesses none of the
              aforementioned qualifications and applies.
              An applicant who applies under Clauses 1~3 of the preceding paragraph
              but fails to pass the screening or ive up to the requirements may be
              subject to screening in general qualifications in backup if he desires.
 
Chapter 2 Application for Substitute Services Due to Religious Factors
 
Article 5    A draftee-to-be who has been in religion for two (2) years minimum
              and is in mentality no longer fitting regular services may apply for
              Substitute Services.
              The organization of the draftee-to-be's religion shall be the one
              having been officially accredited by the government.
 
Article 6    A draftee-to-be who applies in accordance with the preceding
              paragraph shall submit the following papers:
              1. Autobiography.
              2. Statement of reasons.
              3. Affidavit.
              4. The certificate issued by the religious organization having
              been officially accredited by the government.
 
Article 7    The Hsiang (township, city, district) government shall, after
              entertaining an application for Substitute Services due to religious
              factors shall refer to supporting certificates and the preliminary
              review papers to the municipal, county (city) government for recheck
              within five (5) days.
 
Article 8    The municipal, county (city) government shall, upon receipt of a
              case specified in the preceding article, complete the recheck process
              within ten (10) days and submit the supporting certificates and the
              recheck papers to the competent authorities for final decision.
 
Article 9    The competent authorities shall proceed with the cases received in
              accordance with the preceding paragraph in the following manners:
              1. Call a review committee to complete review process within
              three (3) months.
              2. Interview the applicant or invite the responsible person or
              witness(s) of the religion to be present in the interview to verify
              the draftee-to-be's belief, motivation, mentality.
              3. Resolve a certain period as an observation period up to one (1)
              year maximum during which the draftee-to-be shall not be enlisted
              for the time being in case a case is found questionable to approve
              or disapprove of.
              During the observation period set forth in Clause 3 of the preceding
              paragraph, the municipal, county (city) government shall, in concert
              with the Hsiang (township, city, district) government conduct
              investigation and enter records. The municipal, county (city)
              government shall, within fifteen (15) days from expiry of the
              observation period, submit the data of the draftees-to-be to the
              competent authorities for review.
 
Article 10    The competent authorities shall keep the municipal, county (city)
               government and the draftees-to-be themselves of the results of the
               review conducted in accordance with the preceding article within
               fifteen (15) days. The reasons shall be provided in case of setting
               the observation period or disapproving of the application.
 
Chapter 3 Application for Substitute Services Due to Family Factors
 
Article 11    Application for substitute services due to family factors refers
               to a case where a draftee-to-be's family meets any of the following
               conditions:
               1. All family members are aged above 60 or below 18, or mentally or
               physically disabled or with major injury or disease.
               2. The draftee-to-be has a child or children or his spouse is
               pregnant for 6 months or above.
               3. The draftee-to-be's family member(s) is/are with medium or more
               serious mental or physical disabilities.
               4. Father, mother or spouse of the draftee-to-be is suffering from
               major injury or disease, or two or more family members are with mild
               mental or physical disabilities or major injury or disease.
               5. The draftee-to-be's parents, spouse or sibling died or became
               physically disabled during their term of military service, and the
               fact of indemnity is established.
               The age of the aforementioned family members of a draftee-to-be
               shall be calculated from the date of the draftee-to-be's application
               for substitute services.
               The term “mentally or physically disabled or with major injury or
               disease” as used in Paragraph 1 denotes a condition that meets the
               grading of mental or physical disabilities as promulgated by the
               Department of Health, or a disease falling within the National Health
               Insurance's scope of major injuries or illnesses, and is verified with
               supporting documents. The death or becoming physically disabled
               mentioned above shall be verified according to the Indemnity Act for
               Military Personnel, Enforcement Statute for Substitute Services,
               Enforcement Regulations Governing Indemnity for Draftees-to-Be in
               Substitute Services, Inspection Standard for Military Personnel's
               Level of Disability or Inspection and Categorization Standard for
               Disability Level of Draftees-to-Be in Substitute Services.

 
Article 12    The term “family members” as used in the previous article denotes
               the following family members of the draftee-to-be:
               1. Parents, children and spouse.
               2. Siblings.
               3. Other relative(s) within third degree of relation by blood or by
               marriage who has/have been in the same registered household as the
               draftee-to-be or who has/have been in a separate household at the same
               address and cohabiting with the draftee-to-be for two years before the
               date of application.
               Family members of the draftee-to-be who are returned overseas Chinese
               or from the mainland China, Hong Kong or Macau shall not be counted
               unless they have been naturalized and have established household
               registration in the Republic of China.

 
Article 13    A draftee-to-be's family member in any of the following conditions
               shall be excluded:
               1. Is detained, serving a prison sentence, or under reformatory
               penalty or education.
               2. Is missing, for which a report has been made with the police for
               over six months, or proved to be missing in a major catastrophe.
               3. A brother married into his wife's family or a married sister who
               is not cohabiting with the draftee-to-be.
               4. Is accommodated by a social welfare organization under public fund
               or there is another supporting obligor.
               5. Is studying for master's degree or below in a registered school,
               whose age is under 30 for those studying for a master’s degree,
               under 28 for those studying for a bachelor's degree or associate degree,
               and under 24 for those studying in a senior (vocational) high school.
               6. Is serving his term of military service, not including those who are
               in substitute services for family reasons.
               The persons meeting the aforementioned situations shall be restored into
               the capacity of family members if the causes cease to exist prior to
               enlisting.

 
Article 14    The facts of adoption, marriage into the bride's family, divorce,
               termination of adoption or change of age, etc. concerning the
               draftee-to-be or his family members shall be recognized only on the
               basis of their entry in the household registration before December 31
               of the year of the draftee-to-be's 18th birthday or two years before
               the submission of the application for substitute services. However,
               adoption of the draftee-to-be himself shall be recognized on the basis
               of an entry in the household registration before December 31 of the
               year of the draftee-to-be's 15th birthday.
 
Article 15    The Hsiang (township, city, district) government shall, when
               entertaining an application for Substitute Services due to family
               factors, handle the case in accordance with the following:
               1. Hand the investigation & review chart and supporting data of the
               application for Substitute Services due to family factors to the
               Tsun (Village) or Li Government Secretary or the conscript officers
               for on-the-spot investigation.
               2. In response to the results of the aforementioned investigation,
               the conscript officers may conduct on-the-spot recheck and provide
               definite remarks and submit the investigation & review chart,
               supporting data and supporting certificates to the municipal,
               county (city) government within twenty (20) days.
               3. Dismiss straight the application which is found apparently
               nonconforming with the application for Substitute Services.
 
Article 16    The municipal, county (city) government shall, upon receipt of the
               aforementioned cases, handle in the following manners:
               1. Complete review and inform the Hsiang (township, city, district)
               government of the results
               in writing, along with the original investigation and review chart
               within twenty days. The Hsiang (township, city, district) government
               shall inform the applicant. If the case proves nonconforming with
               the prerequisites set forth in Article 11, the reasons shall be
               stated in writing.
               2. If an application is found questionable, recheck on-the-spot or
               verify with agencies concerned before coming to the final decision.
               In an extraordinary case for which a final decision is hard to make
               the reasons should be stated with concrete opinions to the competent
               authorities for instructions before due actions as required.
 
Article 17    The draftee-to-be or the head of his household, if in disagreement
               with the decision shown on the notice disapproving of the application,
               may apply to the original Hsiang (township, city, district) government
               for recheck. The Hsiang (township, city, district) government shall,
               after checking and verifying the case, submit the case to the
               communications for recheck.
               In case of occurrence of new causes after the application for recheck
               is dismissed, the draftee-to-be may apply for further recheck before
               being enlisted. Application filed beyond the time limit shall no longer
               be entertained.
 
Chapter 4 Application for Substitute Services on Expertise, Voluntary and General Qualifications
 
Article 18    The Hsiang (township, city, district) government shall immediately
               launch the preliminary review upon receipt of an application for
               Substitute Services on expertise, voluntary and general qualifications.
               It shall advise the applicant to complete corrective action before the
               deadline for application in the event that the expertise licenses or
               supporting certificates are found nonconforming or erroneous; and shall,
               if those papers prove to have lived up to requirements, work out the
               roster and statistics and submit them along with the expertise licenses
               or supporting certificates in Xerox copies to the municipal, county
               (city) government within two (2) days from the deadline of application.
 
Article 19    The municipal, county (city) government shall conduct recheck
               immediately upon receipt of the application cases mentioned in the
               preceding article and shall act according to the following:
               1. Application on expertise qualifications: Assemble the cases on the
               grounds of the categories of services, education and expertise and
               submit them to the competent authorities.
               2. Application on voluntary qualifications: Submit the cases to the
               competent authorities on the grounds of the categories of services and
               education.
               3. Application on general qualifications: Conduct statistics and report
               the total number of cases to the competent authorities and approve of
               the applications if the number of applications falls within the quota
               granted by the competent authorities in response; and determine the
               results through lot-drawing in consolidation with the lot-drawing
               for regular servicemen if the number of applications goes beyond the
               quota.
 
Article 20    The competent authorities shall manage the applications in the
               following manners after receipt of the submittals in accordance with
               the preceding article:
               1. Application on expertise qualifications:
               (1) The applicants having satisfactorily passed state-sponsored
               examinations and been satisfactory with the licenses/certificates
               in expertise in the categories set forth in Paragraph 1 of Article 4
               will be preferentially reviewed. Approve of the application in concert
               with the user organizations straight if the qualified applicants are
               not beyond the approved quota and grant the quota to applicants through
               lot-drawing if beyond the quota.
               (2) In case of a balance of the approved quota after deducting the
               successful applicants having satisfactorily passed state-sponsored
               examinations with satisfactory licenses/certificates for expertise,
               the applicants having satisfactorily passed the examinations under the
               auspices of the competent authorities in charge of target business with
               the licenses/certificates in expertise in the categories set forth in
               Paragraph 1 of Article 4 will be preferentially reviewed. Approve of
               the application in concert with the user organizations straight if the
               qualified applicants are not beyond the approved quota and grant the
               quota to applicants through lot-drawing if beyond the quota.
               (3) In case of a balance of the approved quota after deducting the two
               preceding paragraphs, i.e., the successful applicants having
               satisfactorily passed state-sponsored examinations with satisfactory
               licenses/certificates for expertise and the applicants having
               satisfactorily passed the examinations under the auspices of the
               competent authorities in charge of target business with the
               licenses/certificates in expertise, the applicants possessing the
               education and professional qualifications as well as expertise training
               required by the user organizations will be preferentially reviewed.
               Approve of the application in concert with the user organizations
               straight if the qualified applicants are not beyond the approved quota
               and grant the quota to applicants through lot-drawing if beyond the
               quota.
               2. Application on voluntary qualifications: Approve of the application
               in concert with the user organizations straight if the applicants in
               various categories are not beyond the balance of the approved quota
               after deducting the applicants successfully granted for various
               categories of expertise and grant the quota to applicants through
               lot-drawing if beyond the balance.
               3. Application on general qualifications: The total balance of the
               approved quota after deducting the applicants successfully granted
               for various categories of expertise and the applicants successfully
               granted on voluntary qualifications shall be allocated to the
               municipalities, counties (cities) on the grounds of the total number
               of applications of general qualifications submitted by various
               municipal, county (city) governments.The aforementioned lot-drawing
               shall be conducted by the competent authorities in concert with the
               user organizations and the municipal, county (city) governments.
 
Chapter 5 Bylaws
 
Article 21    In Substitute Services in family factors, religious factors, the
               draftees-to-be shall serve in the areas where their household
               registration is established as a commuter to stay home in principle
               in case of the former, and shall be in the Substitute Services in
               the social service category in principle in case of the latter.
 
Article 22    Both the municipal, county (city) government and the Hsiang
               (township, city, district) government shall establish rosters of the
               draftees-to-be in the Substitute Services respectively for sound
               control. For disqualified applicants, they shall enter such facts
               of time of application, disapproving authority, date and file number
               of disapproval, causes of disapproval, into the conscript files and
               other files concerned and key into the information systems and files.
 
Article 23    The municipal, county (city) governments shall report the
               statistics of draftee-to-be enlistment and training to the competent
               authorities on a monthly basis.
 
Article 24    The documents and formats of papers required for the Regulations
               shall be established by the competent authorities.
 
Article 25    These Regulations come into enforcement on the same day when the
               Enforcement Statute for Substitute Services is enforced.
               The amendment to these Regulations comes into effect on the date
               of promulgation.