| Legislative： |
1.The enacted Regulations with all 7 Articles were promulgated by
Order of OCAC Chiao-Zong-Cheng No.10507006461 on June 23, 2016.
2.The amended Article 6 was promulgated by Order of OCAC Chiao-Zong-Cheng No.
10807014471 on September 9, 2019. |
| Content： |
Article 1
The Regulations are issued pursuant to Paragraph 2, Article 10 of the
Overseas Compatriot Identity Certification Act (hereinafter referred
to as the “Act”).
Article 2
The competent authority of the Regulations is the Overseas Community
Affairs Council, R.O.C. (TAIWAN).
Article 3
The term “males who have not completed compulsory military service
and who are close to or of conscription age” (hereinafter referred
to as “males who have not completed compulsory military service”)
as stipulated in the Regulations refers to males who once had household
registration in the Republic of China, TAIWAN (hereinafter referred to
as the ”R.O.C. (TAIWAN)”),and are between January 1 of the year of
age sixteen and December 31 of the year of age eighteen for those
approaching conscription age, and between January 1 of the year of
age nineteen and December 31 of the year of age thirty six for those
of conscription age, who have not fulfilled or been exempted from their
compulsory military service.
Article 4
To apply for an Overseas Compatriot Identity Endorsement, males who
have not completed compulsory military service must meet one of the
following situations as well as meeting the requirements of Paragraph 1,
Article 4 of the Act:
1.Fulfilling the requirements of Paragraph 1, Article 4 of the Act before
December 31 of the year of age fifteen and possessing effective residency
in the place of overseas residence when applying;
2.Males close to conscription age who were born abroad or left the R.O.C.
(TAIWAN) before December 31 of the year of age fifteen, and who have been
in the R.O.C. (TAIWAN) for less than 183 days per year during the period
of near conscription age before meeting the requirements of Paragraph 1,
Article 4 of the Act;
3.Males of conscription age who were born abroad or left the R.O.C. (TAIWAN)
before December 31 of the year of age fifteen, who have been in the R.O.C.
(TAIWAN) for less than 183 days per year during the period of near conscription
age, and who have not returned to the R.O.C. (TAIWAN) after reaching conscription
age until they met the requirements of Paragraph 1, Article 4 of the Act.
As for the calculation of 183 days stipulated in the preceding subparagraphs 2
and 3 and no returning records to the R.O.C. (TAIWAN) stipulated in subparagraph 3,
the days of entry or exit the border with a foreign passport should also be counted
for those males who are of foreign nationality at the same time but have not
completed compulsory military service.
If those who meet the requirements of Paragraph 1, Article 4 of the Act shall be
exempted from the restriction of Paragraph 1 of this article with the consent of
the Ministry of the Interior if there is any special reason.
Article 5
The “special reason” mentioned in the preceding article means that males who
have not completed compulsory military service meet one of the following situations：
1.Having fulfilled the situations eligible for Overseas Compatriot Identity
Endorsement in Paragraph 1, Article 4 of the Act, but not applying for a
certain reason;
2.Having left the R.O.C. (TAIWAN) before December 31 of the year of age fifteen,
despite not yet fulfilling the situations for applying for Overseas Compatriot
Identity Endorsement in Paragraph 1, Article 4 of the Act, returning to the R.O.C.
(TAIWAN) not exceeding one month because of a direct relative or spouse’s death
or critical illness to attend their funeral/visit them, or due to disasters or
other force majeure events.
Article 6
(Deleted)
Article 7
The Regulations shall commence and enter into force on the date of promulgation. |