Defense News

Press Release of the Ministry of National Defense
Time: March 7, 2023 at 20:30

In response to queries about "The announcement period of the draft revision of the
All-out Defense Mobilization and Preparation Law is only 14 days, which is a
violation of statute and orders", the Ministry of National Defense (MND) stated
today (7 th ) that the forthcoming announcement of the draft revision of the All-out
Defense Mobilization and Preparation Law has followed the procedures of legal
enactment, and has elaborated as follows:

1. Based on Document Interpretation by the Executive Yuan in 2016, if a draft law is
examined by the competent authority and is confirmed to have nothing to do with
trade, investment, or intellectual property rights, it is exempted from the
announcement procedure. As for the All-out Defense Mobilization Law and
Preparation Law of the MND, the draft announcement is a "law", not a "statute or
order" and has nothing to do with trade, investment, or intellectual property rights.
The announcement period has been set for 14 days to collect opinions from the
general public, which complies with the regulations and common legal practice.

2. The above-mentioned Document from the Secretary-General of the Executive
Yuan is, by nature, an "administrative interpretation", not a "statute or order" and is
promulgated the Executive Yuan to centralize the legal operations of each and every
institute. As such, there is no violation against "statute or order" in relation to the
forthcoming announcement of the draft revision of the All-out Defense Mobilization
and Preparation Law.

The MND has reiterated that it will continue to collect opinions from the general
public and refer to the relevant laws and regulations on mobilization of important
countries after the expiration of announcement period for enactment, and conduct
careful research to obtain consensus. There is no such "withdrawal of
announcement" after the announcement period expires as was reported.