陸海空軍軍官士官任職條例

The rules of Taking Position of the Arm Forces Officers is based on these Regulations.

1The positioning of the Arm Forces Officer should base on a certain Military Position he had taken for his rank.

2The title of each Military Position, commissioning of rank and expertise, are determined in the Table of Organizing System and Organization. Military Position Titles other than those listed on the table are based on those being approved and setup by the Ministry of National Defense.

3The Organizing System and Organization are determined by the Ministry of National Defense.

1The conditions of taking the position of the Arm Forces Officers are as follows：

2Subparagraph 1

3Officer's Rank：The existing Rank should match the organized Rank or one rank lower but higher use as its principle, if under a special circumstances that need to lower use a high rank or more two ranks lower but higher use, its .

4Subparagraph 2

5Should be reported to its system belonging responsible unit for approval。

6Department：In principle, the officer should be working within the department, however if a position is needed in the other department, the officer can be allocated to that department after the approval from its responsible unit, the allocated period is limited to three years, and when the time is up the officer should return to his former department or be transferred.

7Subparagraph 3

8Expertise: Taking the position by his main or next expertise, and if necessary takes an on job training.

9

1Ministry of National Defense may set posts of National Defense Legal Officer for national defense legal affairs. The qualifying examination shall be held by the Examination Yuan.

2The required qualifications for examination candidacy、eligible age、examination method and subjects、grade calculation and other pertinent details of each examination shall be promulgated by the Examination Yuan.

In order to continue the development of the Military Officer(s), the educational attainment, experiences and on job training should be well coordinated, planned and properly managed.

The candidates for a Commanding Officer, Superior Officer Position and Leadership Position can be prepared in advance for future selection.

1The Terms of the Ranking Officer's Positions are as follows：

2Subparagraph 1

3Important Military Position : 2 ~ 3 years.

4Subparagraph 2

5Ordinary Military Position : 1 ~ 3 years.

6Subparagraph 3

7Professional Technology Military Position : 2 ~ 4 years

8If the terms of the positions stated on the above items expired, if necessary it can be extended depends on the personnel situation.

9The Terms of the Junior Officer Positions are determined by the Ministry of National Defense according to its needs.

1Military Officers and Non-commissioned Officers who are in any of the following situations will be transferred：

21. Change of Organized System, Organization or needed in a mission.

32. A need to adjust the expertise to cover up defects.

43. To fufill the needs of their career management.

54. Terms had expired or with outstanding performance.

65. On training or has completed training for assignment.

76. Regional rotation.

87. Misconduct.

98. They have been promoted to higher ranks or planned to be promoted.

109. They are unable to get along with colleagues and environments of the current positions, or work inefficiently.

1Military Officer(s) that have one of the following situations will be suspended：

2Subparagraph 1

3Missing.

4Subparagraph 2

5Having been detained as a suspect of a crime.

6Subparagraph 3

7Has been determined as a hoodlum, and was informed by the Police agency or had been forced to report to the authority and prosecuted.

1Military Officer(s) that have one of the following situations will be dismissed：

2Subparagraph 1

3Ordered to be transferred, Retired, Discharged or recruitment terminated.

4Subparagraph 2

5War, Died or sick while on duty.

6Subparagraph 3

7Beening captured and prison.

8Subparagraph 4

9Beening approved to participate in a Public Servant's competition.

10Subparagraph 5

11Beening approved to take position out of Military Position.

1Officers and Noncommissioned Officers may apply for leave without pay under any of the following circumstances, and the authority-in-charge may reject the application by the mission requirements, except for the situations prescribed in Subparagraph 1:

21. After being in service for more than six months, either or both parents may apply to nurture their child(ren) under the age of three.

32. Preparing to follow their spouses sent overseas for more than one year due to military mission requirements.

4The period of leave without pay prescribed in Subparagraph 1 of the preceding paragraph shall not be longer than the day their child(ren) reach the age of three or two years. Under necessary reason, the period may be extended by one year.

5When nurturing two or more children at the same time, the period of their parental leave without pay shall be computed aggregately. The period shall not be longer than two years for nurturing the youngest child.

6Those who live together with adopted child(ren) in advance in accordance with related provisions in the Family Act and the Protection of Children and Youth Welfare and Rights Act may apply for leave without pay in accordance with Subparagraph 1 of Paragraph 1 and the two preceding paragraphs within the cohabitation period.

7The period of leave without pay prescribed in Subparagraph 2 of Paragraph 1 shall not be longer than their spouses' abroad service time.

1Where Military Officers have any of the following situations shall be dismissed：

2Subparagraph 1

3Being finally and irrevocably sentenced to an imprisonment for a definite period or a more severe punishment, and not on probation or permitted to commute the sentence to payment of a fine.

4Subparagraph 2

5Being finally and irrevocably judged to a rehabilitative measure, under observation for rehabilitation and force rehabilitation, but excluding protection custody.

6Subparagraph 3

7Wanted for a crime.

8Subparagraph 4

9Be dismissed in accordance with Act of Punishment of the Arm Forces .

10Subparagraph 5

1Military Officer(s) that have been Dismissed，and have conform to the rules of returning to service, and have one of the following situations are reinstated：

2Subparagraph 1

3Been missing and had returned, and had passed the exams.

4Subparagraph 2

5Been disqualified from a Public Servant's competition and have not exceed three months.

6Subparagraph 3

7Been dismissed from the position outside the Military Position, and had been certified for not having a bad record by the agency he had served.

8Subparagraph 4

9Been detained for a case，but was later not prosecuted or found not guilty as a result of the interrogation a trial.

10Subparagraph 5

1Officers and noncommissioned officers that have been terminated and the reasons for termination have been eliminated or the suspension of employment period has expired, except for treason, corruption and other major reasons that prohibit them from reinstatement, they may apply for approval of a reinstatement if an investigation had proven that the applicant has repented and conformed to the rules of Service Reinstatement with the following conditions:

21. Vacancy situation permits.

32. Personal expertise is required by the Military.

43. Conform to the qualifications for the position.

5Where the applicant for approval of a reinstatement in the preceding paragraph is judged as innocent in a rehearing or an extraordinary appeal, the reinstatement shall not be restricted by the vacancy situation or headcounts of employment positions.

1The responsibilities of assigning, transferring, and suspending of Military Officers are as follows:

2Subparagraph 1

3Generals shall be approved by the President.

4Subparagraph 2

5Lieutenant Generals and Major Generals：

6Item 1

7Important Military Position shall be submitted to the President for approval by the Ministry of National Defense.

8Item 2

9Ordinary Military Position shall be approved by the Ministry of National Defense.

10Subparagraph 3

11

1The responsibilities of suspending and dismissing of Military Officers shall be as follows：

2Subparagraph 1

3Generals, Lieutenant Generals and Major Generals of Important Military Positions shall be submitted to the President for approval by the Ministry of National Defense.

4Subparagraph 2

5Lieutenant Generals and Major Generals of Ordinary Military Positions shall be approved by the Ministry of National Defense.

6Subparagraph 3

7Colonels shall be approved by the Ministry of National Defense or each Headquarter.

8Subparagraph 4

9Captains and Non-commissioned officers shall be approved by their Commanding Officers with a rank of not lower than Major General.

1The Responsibilities of leave without pay and reinstating Military Officers are as follows：

2Subparagraph 1

3Generals, Lieutenant Generals and Major Generals of Important Military Positions shall be submitted to the President for approval by the Ministry of National Defense.

4Subparagraph 2

5Lieutenant Generals and Major Generals of Ordinary Military Positions shall be approved by the Ministry of National Defense.

6Subparagraph 3

7Colonels, Captains and Non-commissioned officers shall be approved by the Ministry of National Defense or each Headquarter.

The Military Officers can implement the allocation of Job Positions between Military Branches base on war requirements.

1Officers and noncommissioned officers may apply for a transfer to a job position in an organization (institution) outside the military unit as required. However, any person who has one of the following situations may not be transferred:

21. Had received the basic education of officers and noncommissioned officers, and has been in the position for less than five years.

32. Graduated from a college in the country or abroad, attended an advance study or had completed a practice, and has been in the position for less than two years.

43. Possesses an expertise that is needed in the military or has a restricted expertise that is listed into the annual restriction requirements.

54. Officers and noncommissioned officers in combat-readiness status and participating in important exercises or on special duties.

1Military Officer Holding Concurrent Jobs are as follows：

2Subparagraph 1

3Concurrently holding another Civil Servant's Job or Business other than the Military Position,However, those who are abided by the laws are not restricted.

4Subparagraph 2

5In order to cope with the military needs, and not disturbing mission of the existing job, can order an officer to take another military job concurrently.

1When an Officer is on a training, on leave or other matters，and can not fulfill his duty within a short period, the job position should be replaced by a suitable personnel.

2The rules and regulations of a Military Officer's taking leave are determined by the Ministry of National Defense.

The inauguration, resignation or replacement of a Military Officer, a Position turn-over must be processed when taking over or leaving the position；The rules and regulations are determined and set by the Ministry of National Defense.

The Enforcement Rules of these Regulations are determined by the Ministry of National Defense.

1This Act shall take effect on the date of its promulgation.

2The date of promulgation of the provisions of the Act amended on December 21, 2021 is determined by the Executive Yuan.