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法規名稱(Title) Regulations for Exit of Draftees Ch
公發布日(Date) 2011.07.30
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)
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. For any draftee who obtains the verified matriculation of a foreign country including of Hong Kong and Macao duly accredited university and department recognized by the Ministry of Education of Taiwan, the exit for studying shall not be later than the thirty-first day of December of the year he has reached a full nineteen (19) years of age of conscription.

                 6. For any draftee who obtains the verified matriculation of a Mainland China area duly accredited university and department recognized by the Ministry of Education of Taiwan, the exit for studying shall not be later than the thirty-first day of December of the year he has reached a full nineteen (19) years of age of conscription.

                 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.

 

Article 5          For any draftee who has departed from the Taiwan area or approved for the exit in Clause 5 of Paragraph 1 of the preceding Article before reaching his conscription age and has been studying abroad on or before the thirty-first day of December of the year he has reached a full nineteen (19) years of age of conscription, when meeting the following requirements, said draftee may file an application for a re-exit, submitted together with a certificate of study duly notarized, with the National Immigration Agency, Ministry of the Interior (hereinafter the Immigration Agency); each stay shall not be longer than two (2) months:

1.The draftee studying abroad is taking high school degree in an academic institute duly accredited by the regulating authorities of education in that country.

2. The ceiling age for overseas studies is twenty-four (24) years old in case of taking university degree in an academic institute; twenty-seven (27) for a master’s degree; and thirty (30) for a doctor’s degree; for the purposes hereunder, the ceiling age is accountable until the thirty-first day of December in that current year of reaching the ceiling age: Provided, however, that the ceiling age may be extended for one (1) year accordingly if the college the draftee is taking his bachelor’s degree at maintains a system longer than four (4) years; the ceiling age may be extended accordingly if the draftee continues to take his master’s and/or doctor’s degrees upon being conferred with the bachelor’s degree; in no case may the extension for taking his doctor’s degree exceed thirty-three (33) years old.

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 two 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 also be applicable to any draftee approved for the exit from the Taiwan area to Hong Kong or Macao for studying in Clause 5 of Paragraph 1 of the preceding Article or having departed from Taiwan before reaching his conscription age and is a student in Hong Kong or Macao on or before the thirty first day of December of the year of reaching his conscription age of nineteen.

Those exit conditions described in the preceding Clauses 1 and 2 shall be also applicable to any draftee who has departed from the Taiwan area or approved for the exit in Clause 6 of Paragraph 1 of the preceding Article before reaching his conscription age and has been studying in the Mainland China area on or before the thirty-first day of December of the year he has reached a full nineteen (19) years of age of conscription, is now studying at a duly accredited school and department recognized by the Ministry of Education of Taiwan, and is on taking a bachelor’s, master’s or doctor’s degree.  Any draftee referred to in the preceding Clause 1 who has not yet completed his military service is prevented from having abroad studies in the Mainland China area: Provided, however, that the preceding Clauses 1 and 2 shall become applicable for any draftee who is a child of a Taiwanese businessman or one of the employees of that businessman; has arrived in the Mainland China area on or before the thirty-first (31st) day of December of the year of reaching his full age of sixteen (16) and has been living together with his parents in the Mainland China area; is taking his bachelor’s, master’s or doctor’s degree at a duly accredited school by the regulating authorities of education in the Mainland China area, and is now applying for a re-exit upon having reached his conscription age. Upon filing the application, a service certificate from either of his parents and a certificate of cohabitation with his parents in the Mainland China area shall be also submitted together with the application form; and in this case, clauses 1 and 2 may become applicable.

 

 

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          To apply for an exit of the student draftee as referred to in clauses 1 and 3 of Paragraph 1 of Article 4, the school he is attending shall prepare the list and submit the letter to the local government at where his household registration is maintained for approval. For the exit application filed by a draftee recommended by the Ministry of Education for study abroad as referred to in Clause 2 of Paragraph 1 of Article 4, the application shall forthwith submit the application together with related documents to the local government at where his household registration is maintained for approval. For the exit application filed by a draftee not a student, as referred to in Clause 4 of Paragraph 1 of Article 4, the applicant shall forthwith submit the application together with related documents to and seek approval from the local Public Office.

                 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 verified 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         Submittals specified in Clause 5 and 6 of Paragraph 1 of Articles 4, Articles 5, 8, and 9 shall be each attached with a Chinese translation copy. For any document prepared in a foreign country, Hong Kong, or Macao, both versions of the Chinese and the foreign language shall be certified by an ROC embassy, consulate, representative office, other agency authorized by the Ministry of Foreign Affairs, an agency residing in Hong Kong or Macao created or appointed by the Executive Yuan, or any civil organization in Hong Kong or Macao contracted by the Executive Yuan of the Republic of China; if prepared in the Mainland China area, by any agency created or appointed by Executive Yuan, or any civil organization contracted by Executive Yuan.

 

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. 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.
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.