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Important Legal and Regulatory Issues Relating to Military Service
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What is meant by the term “male individual liable for military service”? At what age are men liable for military service? How should individuals compute which “military service age cohort” they belong to? |
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Under what circumstances are male individuals liable for military service prohibited from leaving Taiwan? |
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Can individuals holding Overseas Taiwanese status who have been resident in Taiwan for less than one year and individuals from mainland China who have been registered as resident in Taiwan for less than one year leave the country (on presentation of the relevant documentary evidences)? |
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Are there any restrictions on the age at which males may study overseas? Is it the case that, if a male citizen goes to study overseas, they must complete their studies to university level? |
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If a male individual liable for military service who left Taiwan before they were liable for military service (i.e. when they were 18 or younger) returns to Taiwan to visit their relatives or on holiday, how can they apply for permission to leave Taiwan? What documents do they need to present? How long can they remain in Taiwan? |
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If a male citizen leaves Taiwan for overseas study before the age at which they become liable for military service, are there any restrictions on the length of time that they may spend studying overseas? |
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If an individual has already reached the age of 19 (and is thus liable to be called up for military service), can the individual go to study overseas? If an individual has obtained a bachelor’s degree from a Taiwanese university, can they leave Taiwan to take a Master’s or Ph.D. at an overseas university? |
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If a male individual liable for military service has gone overseas and has not yet returned to Taiwan, can they ask someone in Taiwan to apply on their behalf for permission for the individual in question to leave Taiwan again. If, during the period in which an individual has permission to leave Taiwan, they are called up for military service, can the individual in question apply once more for permission to leave Taiwan after returning to Taiwan? |
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Can a male individual liable for military service holding a foreign passport who was previously registered as resident in Taiwan and holds dual nationality use their foreign passport to leave Taiwan? |
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Do the documents submitted to support an application by a male individual liable for military service for permission to leave Taiwan, or to extend their return to Taiwan, need to be certified by the Taiwan representative office in the country in which the individual is residing? Should Chinese translations be provided? |
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My Taiwan ROC passport has had “Residing Overseas” stamped on it. Will I become liable for military service one year after returning to Taiwan? |
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If an Overseas Taiwanese returns to Taiwan for the purpose of study, will the period during which they are studying in Taiwan be included when calculating the length of time that the individual has been resident in Taiwan? |
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How do the military service authorities define the term “male Overseas Taiwanese individual liable for military service who has returned to Taiwan”? |
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If an individual who has been studying overseas holds dual nationality, are they still liable to be called up for military service on returning to Taiwan? |
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Do any special provisions apply to Overseas Taiwanese and individuals who have been studying overseas who return to Taiwan to perform military service? What types of service can they choose to perform? |
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| What is meant by the term “male individual liable for military service”? At what age are men liable for military service? How should individuals compute which “military service age cohort” they belong to? |
| The Military Service Law stipulates that all male citizens are liable to be called up to perform military service between the First of January co min g after their 19 th birthday, and the Thirty-first of December co min g after their 40 th birthday. Individuals falling within this age range are classed as “male individuals liable for military service”. To deter min e whether an individual has reached the age at which they are liable to be called up for military service, the year in which the individual was born should be subtracted from the current year; if the remainder is 19 or more, then the individual is liable for military service. All individuals who were born in the same year belong to the same “military age cohort” for military service purposes, regardless of which month and day they were born on. To take an example, if it is now 2006, then 2006 min us 1987 gives 19. As of January 1, 2006, all male citizens born in 1987 are liable to be called up for military service; these individuals all belong to the same age “military service age cohort”, regardless of which month and day they were born on. Similarly, in 2006, all individuals born in 1986 are considered to be 20 yeas old for military service purposes, and so on.
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| Under what circumstances are male individuals liable for military service prohibited from leaving Taiwan? |
| Article 9 of the Regulations for Exit of Draftees stipulates that, where any of the following apply to a male individual liable for military service, that individual shall be prohibited from leaving the country: |
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Where the individual is already scheduled to be called up in the next draft.
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| (2.) |
Where the individual has been notified to report for a military service health exa min ation (this restriction does not apply to individuals who have already completed the health exa min ation).
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| (3.) |
Overseas Taiwanese and Overseas Taiwanese Students who are liable to be called up to perform military service in accordance with the provisions of the Conscription Regulations for Naturalized Aliens & Returning Overseas Chinese.
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| (4.) |
Individuals who are prohibited from traveling overseas by the provisions of the Military Service Law or other laws or regulations. |
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| Can individuals holding Overseas Taiwanese status who have been resident in Taiwan for less than one year and individuals from mainland China who have been registered as resident in Taiwan for less than one year leave the country (on presentation of the relevant documentary evidences)?
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| If an individuals holding Overseas Taiwanese status has been resident in Taiwan for less than one year, or an individual from mainland China has been registered as resident in Taiwan for less than one year, as they have not been in Taiwan for a long enough period to become liable for military service, they can apply to the Bureau of Immigration for permission to leave the country, on presentation of their identity documents and a household registration certificate confor min g that they have been resident in Taiwan for less than one year.
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| Are there any restrictions on the age at which males may study overseas? Is it the case that, if a male citizen goes to study overseas, they must complete their studies to university level? |
| As the regulations stand, male citizens leave Taiwan for overseas study if they have not yet reached the age of 19. For these purposes, “overseas study” includes language study; the individual does not necessarily have to be studying at a formal academic institution. If an individual who is studying overseas returns to Taiwan after they have reached the age of 19 (and are thus liable for military service), they must present an overseas study certificate (confir min g that they are studying for a bachelor's degree, Master's or doctorate at an overseas university, and verified by the Taiwan representative office in the country in question) to the Bureau of Immigration in order to receive permission to leave Taiwan. That is to say, male citizens who wish to study overseas must leave Taiwan before their 19 th birthday. If they return to Taiwan after their 19 th birthday (when they have become liable to perform military service), they will need to bring with them an overseas study certificate confir min g that they are studying overseas for a bachelor's degree or higher, to be able to leave Taiwan again and continue with their studies. |
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| If a male individual liable for military service who left Taiwan before they were liable for military service (i.e. when they were 18 or younger) returns to Taiwan to visit their relatives or on holiday, how can they apply for permission to leave Taiwan ? What documents do they need to present? How long can they remain in Taiwan? |
| If a male individual liable for military service who has been studying overseas returns to Taiwan to visit their parents or on holiday, they can apply to the Bureau of Immigration for permission to leave Taiwan on presentation of an overseas study certificate (confir min g that they are studying for a bachelor's degree, Master's or doctorate at an overseas university, and verified by the Taiwan representative office in the country in question). Under such circumstances, the individual in question may not remain in Taiwan for more than two months at a time. If the individual is unable to leave Taiwan within this deadline, they may apply to the Bureau of Immigration for an extension provided that the failure to leave within two months is due to serious illness, accident or disaster, other special circumstances falling under the category of force majeure , or because the new semester has not yet begun at the academic institution at which the individual is studying overseas; the individual must submit a doctor's certificate issued by the hospital in Taiwan at which they have been treated, other relevant evidences, or a certificate issued by the academic institution at which the individual is studying overseas confir min g that the new semester has not yet begun. The extension may not exceed two months. |
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| If a male citizen leaves Taiwan for overseas study before the age at which they become liable for military service, are there any restrictions on the length of time that they may spend studying overseas? |
| If a male citizens wishes to study overseas before rea chi ng the age at which they would become liable for military service, they are not necessarily required to study at a formal academic institution. However, if, having reached the age of 19, such an individual returns to Taiwan to visit their family or for a holiday, they must already be enrolled in a formal academic institution (and must already be enrolled on a bachelor's degree course if they are already 24 years old, on a Master's course if they are already 27 years old, and on a Ph.D. program if they are already 30 years old), and have a certificate issued by the academic institution in question confir min g their student status, to be able to apply to the Bureau of Immigration for permission to leave Taiwan to continue their studies. |
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| If an individual has already reached the age of 19 (and is thus liable to be called up for military service), can the individual go to study overseas? If an individual has obtained a bachelor's degree from a Taiwanese university, can they leave Taiwan to take a Master's or Ph.D. at an overseas university? |
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According to the current regulations, if a male Taiwanese citizen wishes to study overseas, they must leave Taiwan before the age of 19. Once they reach the age of 19, they are liable for military service, and are prevented by law from leaving Taiwan to study overseas. Individuals who have graduated from university or college still fall under the category of “male citizens liable for military service”, so even if they are accepted by an overseas university, they will not be permitted to leave the country to study for a Master's or Ph.D. overseas. |
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| If a male individual liable for military service has gone overseas and has not yet returned to Taiwan , can they ask someone in Taiwan to apply on their behalf for permission for the individual in question to leave Taiwan again. If, during the period in which an individual has permission to leave Taiwan , they are called up for military service, can the individual in question apply once more for permission to leave Taiwan after returning to Taiwan? |
| Article 6 of the Regulations for Exit of Draftees stipulates that, if a male individual liable for military service has already left Taiwan and has not yet returned to Taiwan, they may not ask another person to apply on their behalf for permission to leave Taiwan again; the individual must wait until they have returned to Taiwan before applying for permission to leave the country again. If, during the period in which an individual has permission to leave Taiwan, they are called up for military service, as they will have been called up in the first batch after returning to Taiwan, Article 9 of the Regulations for Exit of Draftees stipulates that no further application may be made for permission to leave Taiwan. |
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| Can a male individual liable for military service holding a foreign passport who was previously registered as resident in Taiwan and holds dual nationality use their foreign passport to leave Taiwan?
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| Article 14 of the Regulations for Exit of Draftees stipulates that an individual previously registered as resident in Taiwan and holding dual nationality should use their Taiwan ROC passport to enter and leave Taiwan . If an individual of this type uses their foreign passport to enter Taiwan , they are legally liable to be called up to perform military service, and should be prevented from leaving the country. |
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| Do the documents submitted to support an application by a male individual liable for military service for permission to leave Taiwan , or to extend their return to Taiwan , need to be certified by the Taiwan representative office in the country in which the individual is residing? Should Chinese translations be provided?
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| Article 11 of the Regulations for Exit of Draftees stipulates that Chinese translations must be provided for documents issued overseas that are submitted by a male individual liable for military service. In the case of documents issued overseas or in Hong Kong or Macau , both the Chinese and foreign-language versions of the documents must be certified by the Taiwanese embassy, consulate or representative office, or by some other agency approved by the government. In the case of documents issues in mainland China , certification must be performed by an organization established by (or appointed by) the Executive Yuan.
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| My Taiwan ROC passport has had “Residing Overseas” stamped on it. Will I become liable for military service one year after returning to Taiwan?
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| Item 1 of Article 3 of the Conscription Regulations for Naturalized Aliens & Returning Overseas Chinese stipulates that, in the case of male individuals liable for military service who were previously registered as resident in Taiwan, and those holding Overseas Taiwanese status, the individual will become liable to be called up for military service 366 days after the day on which they returned to Taiwan. Item 2 of the same Article stipulates that, in the case of male individuals liable for military service who hold Taiwanese citizenship but are not registered as resident in Taiwan and hold “Overseas Taiwanese” status, such individuals will become liable to be called up to perform military service 366 days after the day on which they established household registration in Taiwan. Item 1 of Article 4 of the same Regulations stipulates that, for these purposes, one year shall be considered to have elapsed if any of the following apply: |
(1.)
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If the individual has been continuously resident in Taiwan for at least one year. |
| (2.) |
If the individual was born in 1984 or earlier, and has been resident in Taiwan for at least three period of four months or more each. |
| (3.) |
If the individual was born in 1985 or later, and there have been at least two years in which the individual was resident in Taiwan for a cumulative total of at least 183 days (between January 1 and December 31). Item 2 of the same Article stipulates that, where a male Overseas Taiwanese individual liable for military service returns to Taiwan for the purpose of study, provided that the individual conforms to the relevant requirements, the period of deferment in which they are studying in Taiwan will not be included for the purpose of calculating the period of one year as described above. With respect to an individual of Taiwanese nationality whose passport has “Residing Overseas” stamped on it, once such an individual has been resident in Taiwan for a period of one year or more, the provisions of the Conscription Regulations for Naturalized Aliens & Returning Overseas Chinese shall apply with regard to issues relating to military service. |
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| If an Overseas Taiwanese returns to Taiwan for the purpose of study, will the period during which they are studying in Taiwan be included when calculating the length of time that the individual has been resident in Taiwan
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If a male Overseas Taiwanese individual liable for military service returns to Taiwan for the purpose of study, provided that the individual conforms to the relevant requirements, the period of deferment in which they are studying in Taiwan will not be included for the purpose of calculating the length of time for which the individual has been resident in Taiwan. However, once the individual has completed their studies, the calculation of the period for which they have been resident in Taiwan will be calculated according to the regulations; the individual will become liable to be called up for military service once a period of one year has elapsed. |
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| How do the military service authorities define the term “male Overseas Taiwanese individual liable for military service who has returned to Taiwan ”
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| An individual is considered to be a “male Overseas Taiwanese individual liable for military service” if they hold a Certificate of Overseas Chinese Identity (for Military Service Purposes) issued by the Overseas Chinese Affairs Commission, or if they hold an ROC passport bearing a “Resident Overseas” stamp. If a male individual liable for military service wishes to apply to have “Resident Overseas” stamped on their passport, they must conform to the following requirements: |
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The individual must have left Taiwan on or before December 31 in the year in which they turned 15.
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| (2.) |
The individual must hold a valid ROC passport. |
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The individual must hold the right of permanent residency in the country in which they are residing. |
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The individual must have resided overseas for a cumulative total of at least four years, and must have documentary evidence showing that they have resided overseas for a period of at least six consecutive months, or for a total of eight months in the last two years. |
| (5.) |
The individual may not have spent more than 183 days in Taiwan in total between January 1 in the year in which they turned 16 and December 31 in the year in which they turned 18. |
| (6.) |
Assuming that items 3 and 4 above do not apply, the individual must not have entered Taiwan since reaching the age of 19 (for military service purposes). |
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| If an individual who has been studying overseas holds dual nationality, are they still liable to be called up for military service on returning to Taiwan?
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| If an individual who has been studying overseas (including Overseas Taiwanese liable for military service) returns to Taiwan after completing their studies overseas, even if they hold dual nationality, the individual still holds ROC nationality, and thus remains liable to be called up to perform military service under Taiwan ROC law. Any individual of military age who holds ROC nationality and who has at some time been registered as resident in Taiwan has a legal obligation to perform military service if called upon to do so. In the case of an individual who returns to Taiwan after studying overseas, even if the individual holds dual nationality, and regardless of whether the individual uses their Taiwan ROC passport or their foreign passport to enter Taiwan, if the individual is called up to perform military service, they will be prevented from leaving the country.
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| Do any special provisions apply to Overseas Taiwanese and individuals who have been studying overseas who return to Taiwan to perform military service? What types of service can they choose to perform?
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| The rights and obligations of Overseas Taiwanese and individuals who have been studying overseas who return to Taiwan to perform military service are exactly the same as those of other Taiwan ROC citizens. The Military Service Law stipulates that all male citizens are liable to be called up to perform military service between the First of January co min g after their 19 th birthday, and the Thirty-first of December co min g after their 40 th birthday. Individuals who are classed as falling into regular military service health category A or B are required to perform regular military service, but may apply to perform alternative service; individuals who are classed as falling into alternative military service health category A are required to perform alternative service; individuals who are classed as falling into alternative service category B are required to perform supplementary service; individuals who are classed as unfit to perform national service are not required to perform any form of national service.
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