Regulations on Restrictions for Males Who Have Not Fulfilled Compulsory Military Service Applying for Passport and Overseas Chinese Status Endorsement

Created:2019-05-03Data Source:Bureau Of Consular AffairsCounter:229

 

Regulations on Restrictions for Males Who Have Not Fulfilled Compulsory Military Service Applying for Passport and Overseas Chinese Status Endorsement

Promulgation Date: April 26, 2019

 

Article 1

The Regulations on Restrictions for Males Who Have Not Fulfilled Compulsory Military Service Applying for Passport and Overseas Chinese Status Endorsement (the “Regulation”) is prescribed in accordance with Article 12 of the Passport Act (hereinafter referred to as the “Act”).

 

Article 2

The Competent Authority of the Regulation is the Ministry of Foreign Affairs.

 

Article 3

Males who have not fulfilled compulsory military service referred to in the Regulation shall mean males who once had household registration in Taiwan and who are of the conscription age from January 1 of the year immediately after they are reaching the age of eighteen to December 31 of the year in which they reach the age of thirty-six (hereinafter referred to as the “Draftee(s)”), who have not fulfilled or been exempted from compulsory military service.

The application for issuance, renewal or replacement of passport for Draftees living abroad referred to in the preceding Paragraph shall be processed in accordance with the provisions of the Regulation stipulated herein.

 

Article 4

Males who are Draftees living abroad applying for reissuance of passports with the overseas embassies and representative offices pursuant to Article 19 of the Act shall prepare two passport photos as well as the following requirements:

1. The latest issued passport. In the event of such passport has expired or has been lost or missing and cannot be submitted for inspection and verification, the overseas embassies and representative offices may require the applicant to provide other documents as proof of R.O.C. nationality.

2. Application form for ordinary passport.

3. Relevant documents required by the Competent Authority based on the reasons prescribed in the provision for reissuance.

4. Personal identification document which the overseas embassies and representative offices deem imperative for verification.

For Draftees abroad who meet the schooling requirements stipulated in the Enforcement Act of Act of Military Service System as well as the Regulations for Exit of Draftees can, after January 1 of the year they reach the age of nineteen, renew their passports with validity of three years each time upon verification of their certificate of school enrollment or school admission letter for studies commencing effective within three months.

For Draftees abroad who do not meet the requirements set forth in the preceding Paragraph for passport renewal after expiry of their passports, the overseas embassies and representative offices can issue a passport with validity of one year for such Draftees to return to the R.O.C.

The issuance of passports with validity of one year in the preceding Paragraph shall be limited to once, unless an unavoidable reason with approval by the overseas embassies and representative offices, and shall also inform the Ministry of the Interior.

 

Article 5

For Draftees applying for passport abroad, the application can be submitted by post to the nearby overseas embassies and representative offices. Unless the applicant will collect the passport in person, return postage or fees equivalent to the cost of postal delivery shall be provided along with any application submitted by post.

 

Article 6

For Draftees abroad, if any one of the circumstances listed below is met, the application procedure and passport validity period when applying for passport renewal at nearby overseas embassies and representative offices or institution or non-governmental organization established or designated by the Executive Yuan in Hong Kong or Macau shall be processed in accordance with the general provisions:

1. who already holds passport with overseas Chinese status endorsement and who is  not yet required to be drafted for military service immediately in accordance with the laws.

2. who exited the R.O.C. before December 31 of the year he reaches the age of fifteen and has entered the R.O.C. ever since.

Draftees who hold a foreign passport when entering the R.O.C. or who are abroad, in the Mainland China Area, Hong Kong or Macau cannot be permitted to apply for passport renewal in the R.O.C. However, the foregoing does not apply to holders of passport with overseas Chinese status endorsement.

For applicants met the requirements as specified in the preceding Paragraph, the documents required and the procedures for passport application shall be processed in accordance with the Regulations for Application and Issuance Passports

 

Article 7

Draftees abroad applying for replacement of lost passport at the nearby overseas embassies and representative offices shall submit the following documents:

1. Document issued by local police substantiating the reporting of loss. In the event that the local police has not issued or is unable to issue such document, a written explanation notice for loss of passport may be used as substitute.

2. Other required documents for application for passport.

For Draftees referred to in the preceding Paragraph who meet the requirements of replacement of passport stipulated in Paragraph 2 of Article 4, the validity for the replacement passport shall be limited to three years pursuant to the aforesaid provision. For Draftees who do not meet the aforementioned requirements, the validity for the replacement passport shall be reissued in accordance with Paragraph 3 of Article 4. For the event of passport stains, application for reissuance shall apply the same provision as stipulated in the Paragraph 3 of Article 4.

Article 8

The determination of the endorsement of overseas Chinese status shall be processed in accordance with the Overseas Compatriot Identity Certification Act, the Enforcement Rules of the Overseas Compatriot Identity Certification Act, and the Regulations Governing Application for Overseas Compatriot Identity Endorsement by Males Who Have Not Completed Compulsory Military Service of Conscription Age or Near Conscription Age which are administered by the competence of the Overseas Community Affairs Council.

 

Article 9

For Draftees abroad applying for passport at the designated authorities or the non-governmental organizations appointed by the Executive Yuan in Hong Kong and Macao, the provisions related to the application of passport at overseas embassies and representative offices stipulated in the Regulation shall apply.

 

Article 10

These Regulations shall come into force as of the date of promulgation.

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