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英譯法規內容

法規名稱(Title) The ROC Veterans Assistance Act Ch
公發布日(Date) 2015.12.30
法規沿革(Legislative) 1.Promulgated on May 15, 1964
2.Amended on December 05, 1980
3.Amended on May 14, 1997
4.Amended on November 11, 1998
5.Amended on January 26, 2000
6.Amended on December 18, 2002
7.Amended on January 26, 2011
8.Amended on December 23, 2015
9.Amended on December 30, 2015
法規內文(Content) Chapter I. General Provisions
 
Article 1    The placement of veterans and the benefits they deserve shall be made in accordance with this Act. Matters not specified in this Act shall be dealt with according to the provisions prescribed in other laws.
 
Article 2    The veterans referred to in this Act shall include:
1.Officers, non-commissioned officers, and enlisted men who have completed the contracted length of service and are retired legally.
2.Officers, non-commissioned officers, and enlisted men who are physically or mentally disabled because of the military service connection and are retired, then are unable to earn a living and need lengthy hospitalization or home care after the retirement.
3.Officers, non-commissioned officers, and enlisted men who have participated in the August 23rd Taiwan Strait Bombardment Campaign in 1958, and/or other important campaigns considered critical to the national security by the Ministry of National Defense.
The Kinmen and Matsu Militia members who have participated in the important campaigns provided by Subparagraph 3 of the preceding Paragraph, are considered veterans. The effective date shall be prepared by Veterans Affairs Council (hereinafter referred to as VAC), and submitted to the Executive Yuan for approval. However, for those who have participated in the August 23rd Taiwan Strait Bombardment Campaign in 1958 ,the effective date is January 1, 2001.The contracted length of service referred to in section 1 of this article shall be suggested by the VAC, and approved by the Executive Yuan.
 
Article 3    In implementation of this Act, VAC is designated as the agency-in-charge, and concerned ministries and commissions and local (municipal) governments are the agencies-in-assistance.
 
Article 3-1    Concerning the placement of veterans and the benefits they deserve , VAC may, after considering national financial conditions, implement veterans assistance measures which are categorized and ranked by the serving period of the veterans , merits they earned , battles they joined, the extent of service-connected illnesses, injuries, and disabilities, their family conditions , working abilities ,their ages and so on.
 
Article 4    To perform its functions, the VAC may activate a number of subordinate organizations of various types and formulate regulations governing their management and operation based on the need of placement and the nature of their activities, and submit them to the Executive Yuan for approval and enforcement.
 
Chapter II. Vocational Assistance
 
Article 5    Those veterans who seek vocational assistance shall be placed in the VAC subordinate organizations, or in other governmental agencies, public schools and private organizations through recommendations.
 
Article 6    Priority of employment shall be given to those veterans, who are equally qualified for the governmental organizations, enterprises, and public schools vacant positions. Regulations governing matters relative thereto shall be prescribed by the Executive Yuan.
 
Article 7    National (public) lands, forest areas, ponds and mining areas which are available and are required for placement of the veterans shall be allocated by organizations-in-charge with the approval of the Executive Yuan, to VAC for exploitation in line with the nations economic development.
 
Article 8    In accordance with the governmental purchase codes, the subordinate organizations of the VAC shall be entitled to tending biddings for the purchase cases invited by governmental organizations, enterprises, and public schools; the governmental purchase codes shall be equally honored, when tending biddings for confidential or urgent cases.
 
Article 9    The veterans shall have the priority to be selected and assigned to the exploitation, construction, and manufacture organizations established by the Government.
 
Article 10    (Deleted)
 
Article 11    Small capital loans to veterans required for establishing small business enterprises shall be made available with low interest through negotiations by the VAC with banking institutions.
 
Article 12    In order to increase job opportunities, the VAC may request concerned agencies to hold qualification examinations for the veterans, to enable those who pass to join the civil service or undertake professional practices.
 
Article 13    For the purpose of qualifying for vocational requirements, the VAC may conduct or request other concerned organizations, schools, and public of private enterprises to sponsor trainings of various types for the veterans.
 
Chapter III. Medical Care
 
Article 14    Those veterans who are sick or injured shall be treated in the veterans hospitals of VAC free of charge, or on a reduced-rate basis.
 
Article 15    Hospitalized veterans , upon recovery, shall be given appropriate placement by VAC as prescribed by the relevant laws.
 
Chapter IV. Home Care
 
Article 16    The disabled or aged veterans, who are incapable to work, shall be home-cared in exclusive institutions, totally at government expense or partially self-pay the cost. The eligibility for home care shall be instituted by the VAC, and approved by the Executive Yuan.
It is the VAC’s obligation to provide those veterans home-cared at government expense, but disabled with appropriate medical rehabilitation. The home-care benefits should not be taken as the seizure of property, offset, collateral or the object of enforcement.
Whereas, the VAC reserves the right to deduct from the home-cared veteran’s benefit payment if the veteran involved has been incidentally over-paid, or wrongfully paid, in the previous month(s).
 
Article 17    The exclusive home-care institutions are to be established by the VAC, and named the Veterans Homes.
Depending on the capacity of these home-care institutions, the VAC shall place the spouse, parents, and children of the home-cared veterans, at his/her/their own expenses, at the institution with the veterans. The qualifications should be decided by the VAC, and approved by the Executive Yuan.
 
Chapter V. Schooling
 
Article 18    Those retired officers and men who wish and are qualified to attend schools shall be given schooling, in accordance with appropriate criteria provided by educational organization-in-charge.
 
Article 19    The necessary tuition, and expenses on study materials, that the schooling veterans need to pay, except those legally exempted, shall be subsidized by the VAC. Those with outstanding grades should be awarded. The criteria and procedure of subsidizing and awarding shall be made by the VAC, and approved by the Executive Yuan.
 
Chapter VI. Privileges, Relief and Aids
 
Article 20    Those veterans who take qualification or employment examinations shall enjoy certain privileges, depending on the profession.
 
Article 21    The length of civil service of those veterans who are directly transferred to working as government employees, with the exception of schoolteachers, shall be added to that of their military service.
 
Article 22    The veterans shall enjoy priority in receiving or renting government owned land, when the government is to release or rent the leased or deserted land.
The VAC shall have the privilege to receive or rent, the government-run mining rights or forests, when the government is to so release or rent.
 
Article 23    If the veterans need land on which to build houses to live in, public land shall be so designated and rented to them by the Government on a rent-reduction basis.
 
Article 24    Under the same qualifications, the veterans shall have the privilege to apply for business licenses that are under the restriction of or limited by the Government.
 
Article 25    Under the same qualifications, the veterans shall have priority in acting as agents for selling products of government run enterprises.
 
Article 26    Those veterans who receive treatment in public hospitals shall enjoy a reduction for the medical expenses incurred.
 
Article 27    Free of charge or reduction for medical expenses shall be granted to those veterans whose wives give birth to babies in public hospitals.
 
Article 28    The VAC shall establish skill-learning institutes to accommodate, with partial charge, those veterans who are physically weak and have no eligibility for job placement, medical care, home care or schooling, but are capable of doing light work.
 
Article 29    The helpless survivors of deceased veterans shall have the privilege to be entitled to relief and assistance rendered by local governments.
 
Article 30    Local governments shall provide appropriate relief for those veterans who suffer from irresistible disasters or accidents.
 
Chapter VII. Guidance and Supervision
 
Article 31    Organizations in charge of job placement, medical care, home care and schooling are vested with the authority of guidance and supervision over the veterans. Regulations in this regard shall be prescribed by the VAC and submitted to the Executive Yuan for approval and implementation.
 
Article 32    The following veterans shall be suspended from the privileges and benefits prescribed in this Act:
a. Those who are serving a prison term.
b. Those who are wanted by the law.
c. Those who repeatedly violate the guidance and supervision regulations.
Those who are sentenced for rebellion, treason, corruption, or homicide, shall be permanently deprived of all the privileges and benefits.
 
Chapter VIII.
 
Article 33    The enforcement rules of this Act shall be stipulated by VAC.
Implementation Regulations for this act shall be prepared by VAC and organizations concerned, and submitted to the Executive Yuan for approval.
 
Article 34    This Act shall come into force as of the date of promulgation.
The date of implementation for Article 3-1 of this Act amended on December 16, 2015 will be determined by the Executive Yuan.