- Who is considered “of conscription age?” How do you calculate the conscription age of 19? How is conscription age calculated
According to the laws of the ROC, all male citizens 19 years of age on January 1 to 40 years of age on December 31 are obligated to render mandatory military service; they are considered draftees. Male individuals of conscription age are those who possess ROC citizenship and who are 19 years of age on January 1, and the calculation method is as follows: the current year minus the birth year yielding an answer of 19 and above is considered conscription age (e.g. 2006 – 1987 = 19). Draftees who were born between January 1 and December 31 in 1987 are considered as being 19 years of age from January 1 to December 31 of 2006.
- Should male individuals with dual citizenship render military service? How does one acquire overseas Chinese status
- According to Article 20 of Taiwan’s Constitution and Article 1 of the Conscription Law, males individuals with ROC citizenship are obliged with render mandatory military service; they are covered by the relevant conscription law. As for the country’s overseas Chinese status, it is obtained through application; one does not become an “overseas Chinese” by having dual citizenship. Those who do not have overseas Chinese status belong to the category of regular conscripted males. For the application for overseas Chinese status, individuals can apply for certificate of overseas Chinese passport status visa with the ROC consular offices in foreign countries. In Taiwan, application for overseas Chinese status can be filed with the consular affairs bureau of the Ministry of Foreign Affairs or an “Overseas Compatriot Identity Certificate for Military Service Purpose” with the Overseas Compatriot Affairs Commission. Male individuals of conscription age with “Overseas Compatriot Identity Certificate for Military Service Purpose” or “Overseas Chinese Passport Status Visa” are considered overseas Chinese draftees.
- What are the regulations governing overseas Chinese draftees
- According to the amended “Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese” announced on December 30, 2002, regulations concerning overseas Chinese draftees are: Male individuals of conscription age who have registered household as well as overseas Chinese status shall be conscripted if they have been residing in the country for a full year, starting from the day they arrived. Male individuals who are stateless and have overseas Chinese status and who have come back to the country voluntarily and underwent household registration for the first time shall also be conscripted if they have been residing in the country for one full year, starting form the day they arrived. The method for calculating the residency time of overseas Chinese is as such: (1) living in the country for one full year; (2) male individuals of conscripted age born before 1984 and have lived in the country for more than four months three times; and (3) male individuals of conscription age born after 1985, who had lived in Taiwan in excess of 183 days, between January 1 through December 31, for two years. Once an overseas Chinese draftee needs to be conscripted according to law, his conscription responsibilities will be exactly the same as those of the regular draftees. In terms of rendering military services, according to the recruitment processing of the Conscription Law, draftees should submit to military register investigation after which they would be notified to undergo conscription examination (physical checkup) in accredited hospitals. The examination results will determine the physical status of substitute service draftees. The draftees would participate in drawing lots; then according to the branch and number, be recruited into the camps. Those who are willing to render substitute services should apply for rendering of substitute service according to regulations during the process of determining the physical status of substitute services draftees. If examination results consider the applicant as being eligible for substitute services, then he should join the lot drawing and enter camp to render substitute services based on the lot number. If he has physical status of military service exemption, then he is exempted from military services.
- How should a male Taiwanese national be in order to be eligible for overseas Chinese passport Status Visa? How does one obtain such a document? What government agency is responsible for answering questions regarding this issue
- A male national of Taiwan should immigrate to another country before the age of 15 in order to be eligible for Overseas Chinese passport status visa. If they meet the qualifications for the status visa, male nationals who immigrated to other countries from Taiwan, should apply with the Bureau of Consular Affairs, Ministry of Foreign Affairs or ROC consular offices abroad to revoke the seal of non-rendering of military service. Overseas Chinese Passport Status Visa are given to: （1）those who went out of the country before turning 15 on December 31 of that year;（2）possess a valid ROC passport;（3）obtained valid permanent residency in the foreign country;（4）has lived in the foreign country for four years cumulatively;（5）has lived in the foreign country for six consecutive months or eight months and above annually in a span of two years; and （6）who returned to the country close to the conscription age from January 1 of the year they turned sixteen to December 31 of the year they turned 18 and lived for not more than 183 days annually. Furthermore, after reaching the conscription age of 19 on January 1st of that year, individuals who do not possess the qualifications mentioned in items 3, 4, and 5 should never have gone out of the country before. In terms of issues pertaining to overseas Chinese passport status visa, one can go directly to the Overseas Compatriot affairs Commission, the Bureau of Consular Affairs, MOFA, or any of our embassies and consular offices abroad.
- Can naturalized individuals with foreign passports be restricted by the Conscription Law of the ROC
- According to Section 1 Article 5 of the “Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese,” a male overseas Chinese entering the country using a foreign passport and who is of conscription age, is covered by the relevant regulations governing returning overseas Chinese. Also, according to Article 14 of the “Regulations for Exit of Draftees,” individuals of conscription age who have a registered household here in Taiwan and possessing dual citizenship, should use their ROC passports in entering and exiting the country. Those who enter using their foreign passports are still considered as being eligible for conscription and will be restricted from exiting the country (this restriction shall be lifted when the individual has rendered the mandatory military service).
- How is the military service issue for naturalized males who have come back to the country to study be handled
- A male overseas Chinese returning to the country to study need not face the issue of military conscription if he is below conscription age (18 years); his education shall be governed by the regulations from the Ministry of Education and the Overseas Compatriot Affairs Commission. For overseas male Chinese of conscription age, who is returning home to study, according to Section 2 Article 4 of the “Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese,” amended on December 30, 2002, time spent returning home to study shall not counted as residency time for those who are eligible for suspended draft. However, after leaving school (upon a leave of absence, dropping out, or graduation), then time of residency in Taiwan shall be calculated according to law; after establishing one full year of residency, the individual shall be conscripted. In addition, to complement the government’s overseas Chinese policies, which provides counseling and guidance to those returning home to study, time spent by individuals attending preparatory classes at the National Overseas Chinese University shall not be include din the calculation of residency.