The Enforcement Act of Act of Military Service System Article 48

The exit of Recruiting Age Male have not performed the obligation of military service shall be approved and meet the requirements as follows:Subparagraph 1-The period approved for the exit of a draftee shall not be longer than two 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.Subparagraph 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 .Subparagraph 3-The period approved for the exit of a draftee shall not be longer than one 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.Subparagraph 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.Subparagraph 5-A draftee who has applied for exit on the grounds of studying abroad shall obtain the admission issued by a foreign school.Subparagraph 6-A draftee who has applied for exit on the grounds of studying in Mainland China area shall obtain the admission issued by a duly accredited university and department recognized by the Ministry of Education.Subparagraph 7-The period approved for the exit of a draftee shall not be longer than four months if the draftee has applied for the exit on grounds other than those described in the preceding 6 Subparagraphs.For any draftee who has departed from Taiwan area before reaching his conscription age or approved for the exit in Subparagraph 5 of the preceding Paragraph and has been studying abroad after the first day of January of the year he has reached the age of conscription, shall meet the following requirements, and said draftee may file an application for a re-exit, submitted together with a duly notarized certificate of study; each stay shall not be longer than three (3) months:Subparagraph 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.Subparagraph 2-The ceiling age for overseas studies is twenty-four years old in case of taking university degree in an academic institute; twenty-seven for a master's degree; and thirty 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 year accordingly if the college the draftee is taking his bachelor's degree at maintains a system longer than four 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 years old.Those exit conditions described in the preceding Paragraph shall also be applicable to any draftee who departed from Taiwan area before reaching his conscription age or approved for the exit in Subparagraph 6 of Paragraph 1, has been studying in Mainland China area after the first day of January of the year reached his conscription age, and taking a bachelor’s, master’s or doctor’s degree at a duly accredited school and department recognized by the Ministry of Education. Provided, however, that the preceding Paragraph shall be applicable for the entrance or exit of any draftee who is a child of Taiwanese business persons approved to invest in Mainland China area or its employees, arrived in Mainland China area before reaching his conscription age or after the first day of January of the year reaching his conscription age, and has taken his bachelor’s, master’s or doctor’s degree at a duly accredited school by the authorities of education in Mainland China area, after reaching his conscription age. Upon filing the application, a service certificate from either of his parents shall be submitted together. The documents submitted by a draftee studying in Mainland China area shall be authenticated by the institution set up or designated, or by the private organization entrusted by the Executive Yuan.Regulations for Exit of Draftees including approving of exit, limits and condition of postponement in accordance with preceding three paragraphs shall be prescribed by the Ministry of the Interior and reported to the Executive Yuan for approval.If and when by the national defense and military purposes, the Executive Yuan may suspend stop processing all or any part of the applications for exit filed by draftees.Recruiting Age Male could not be recruited due to his failing to return to Taiwan before the expiry of the term specified for the exit without reasons shall be penalized according to Punishment Act for Violation to Military Service System.The Investigation regulations of exit of so-called Man of Approaching Service Age shall be prescribed by the Ministry of the Interior.