Definitive exemption
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Law number 665 issued in 4 February 2005
Clause 1: Contrary to any other stipulation, the military service provided for in the decree law number 102 issued in 16/9/1983 is to be conclusively invalidated in two years after the publication of this law in the official newspaper. ( Law number 665 issued in 4 February 2005 )
A former soldier who has served for minimum one full year in the one of the main institutions of the National Ministry of Defense, the General Office of the Superior Defense Council, in the Internal Security Forces the public security, the State Security Forces, the Customs, or the Police of the Parliament. As well as anyone who was demobilized from on of the mentioned institutions for health reasons.
The soldier who didn’t finish two years in active service he’ll be treated as follows:
His period of active service in months will be will be divided over two, and then subtracted from 6; the result will be the number of months in duty to finish the military service. And he will be directly joined to one of the units without passing through the military service camp. For example: a previous soldier has 5 months of active service, he will finish his military service in 3.5 months (6-5/2=3.5).
Required Documents:
Concerning the previous soldiers in the main institutions of the Ministry of National Defense and the General Secretary of the Higher Defense Council:
- A statement from the army staff personnel shows the period of the legal service and the reason of the demobilization.
Concerning the previous soldiers in the other armed forces: - A demobilization document from the unit he has been demobilized and certified from the competent reference in addition to a document issued by the military medical authority and dismissed for health reasons.
Concerning the previous or time being soldiers who have finished an actual service year at least in one of the friendly nations. - A continuation certificate of the present soldiers service.
- A release document determines the legal service period and a reserve card for the previous soldiers.
These documents should be issued from the good authority and certified from the reliable Lebanese diplomatic mission.
Sons of parents who have lost one of them as a martyr in one of the main institutions or forces mentioned in the previous article.
- Brothers of martyrs:
Required documents:- A certified official family identity document.
- A document issued by the Staff Headquarters or the proper authority certifying the situation.
- Brothers of the one who is treated as a martyr:
A 90% incapacitated soldier is considered a military martyr if the handicap has been caused during the service and should present a document issued by the Staff Headquarters or the proper authorities certifying the incapacity
Required documents: - A certified official family identity document.
- A document issued by the Staff Headquarters or the proper authorities certifying the incapacity.
A single child for his father or mother or for both of them or the son of the unknown parents:
It is meant by the lonely son:
- The one whose parents or his father or his mother doesn’t have another son:
Required documents:- A certified official family identity document.
- A certified official family identity document for the divorced or second wife.
- A death document for the dead brother.
A person is considered a single child in the following cases:
- If he has one or more brothers totally disabled of whom a Medical Jury has certified the disability.
Required documents: - A certified official family identity document.
- A medical report about the sick brother situation.
Remark : He will be yearly postponed until defining the lost brother situation by law.
- A person who had a sole missing brother:
Required Documents:- An official investigation report from the internal security forces.
- A certified official family identity document.
Remark : He will be yearly postponed until defining the lost brother situation by law.
- The son of the unknown parents:
Required Documents:- A certified official family identity document.
Clergymen who are practicing their religious duties, each one according to his religion: What is meant by a practitioner religious man, the one who is devoted to his practices for at least a full year before getting thirty three years old and wearing the correlative legitimate dress with this devote or without it.
Required documents:
- A certificate issued by the proper religious authority.
For the Christians:
The archbishop of the bishopric or the head of the practicing clergymen is subject to it.
For the Moslems:
The legal opinion residence (Dar Al Fatwa) – The religious affairs directorate – The high Shiite Muslems council – or Jaafari Imam – the Druze chieftain residence or the creed judges.
Remarks:
- The Military Intelligence Service and the Military Police will conduct investigations to confirm that.
- If the clergyman has abandoned his service for any reason, he will be drafted if he has not yet reached the age of 33.
A Person suffering from an incurable disease or from any disability preventing him from accomplishing his flag service.
Required documents:
- medical report issued by the treating doctor.
- The concerned person should approach to the mobilization department of the area he’s registered in where he will be referred to the main and branched health comities which decides his health situation according to health situation after the health classification instructions.
A persons who has adjourned the date of his enlistment for medical reasons throughout 3 consecutive years because of the same disease.
A person sentenced to five years or more in prison
Required documents:
- A copy of the final sentence pronounced against him, certified by the proper legal authority.
- A testimony from the ministry of justice proves non-publication of a special condonation.
A person sentenced to be permanently deprived from his civil rights.
Required documents:
- A copy of the final Sentence pronounced against him, certified by the proper legal authority.
- A document issued by the Ministry of Justice asserting that the person concerned does not beneficiate from any special exemption.
Lebanese citizens born prior to 1972 and the previous years in condition of not entering any correction to the birth date (for those who were born in 1973 and above) after the publication date of the decree number 3778 on 13/7/1993.
Persons who are freed from the Israeli jails, on condition that the period of the imprisonment is not less than three months.
Required documents:
- Official investigation made by the interior security forces or a certificate issued by the South Council.
- The issue should be presented to the intelligence directorate to take a suitable decision.
Children or brothers of the martyrs of firemen and civil defense staff who were martyred during applying their duties.
Required documents:
- An asserted death certificate.
- Official family identity document for the martyr or his father according to the case.
- An asserting document released by the concerned authorities in the extinguishments units or by the general department of the civil defense certified by the ministry of interior home office.
- The subject must be exposed on the intelligence department to release its opinion which, on its light the decision will be taken.
The volunteer’s sons who were martyred in one of the institutions belonging to the ministry of national defense, the secretariat-general of the highest council of defense, the interior security forces or the public security.
Required documents:
- A certified official family identity document.
- Asserting document released by the army staff of the army numbering or the concerned reference.
Martyr’s sons or the rest of the children for parents who had one son martyred within the resistance of the Israeli occupation or as a result of the Israeli aggression on any part of the Lebanese territories or during custody resulting from the resistance against the Israeli occupation.
Required documents:
- A new official family identity document.
- Certified death certificate.
- Certificate from the mayor in the town showing where the martyr was martyred and the conditions of his death with the date.
- Official investigation made by the interior security forces specifies the full identity of the martyr and where he was martyred, conditions and the date, which must be certified by the testimony of two witnesses at least.
Taking care of the regional fitness for the place in which the martyr has been martyred in that is for the investigation of the interior security forces.
The previous recruited who has finished the military duty in one of the friendly nations for a period that is not less than the Lebanese military service.
Required Documents:
- A release document determines the executed legal period of the service released from the central authority and certified from the specialized reference in the friendly nation, and from the Lebanese reliable diplomatic mission (embassy, consulate …).
- A reserve card.
The family sustainer who is proved to assist his family for at least a year period.
- he family is understood as the parents, brothers, sisters, children, or one among these. Required Documents:
- A family identification document for the father and the married brothers.
- A certificate from the village mayor proves that the one in charge is the sole sustainer of his family.
- A signed certificate from the boss of the sustainer shows the kind of work and the value of the salary.
- A copy about the definitive exemption for the exempted brother for health reasons, and a copy of the military service card for the postponing/exempting brother because of study.
The married, even if the marriage happened through the temporary exemption and which proves the verity of the marriage according to the law in Lebanon.
The marriage in this case should:
- Has got married before 4/2/2005, or during a period in which his situation was legal.
- Prove the verity of the marriage for at least one year period.
Required Documents:
- A certified family document identification card.
- A certified marriage document.
- A residence certificate.
Those who live outside Lebanon including the Arab countries for minimum one year for their legal residence.
Concerning the concept of staying abroad:
The individual is considered staying abroad in the following cases:
- As he obtains the foreign nationality.
- As he obtains a student visa or temporary stay terms determined by the concerned authorities of the residence country for the whole declared period to benefit from the temporary or full exemption.
Benefit conditions and mechanisms:
the present (or former) resident abroad benefits from a temporary renewable exemption for an entire year within the following conditions:
- His stay abroad (continuous and valid).
- Spending nine continuous months abroad (or spending a non detached year on his residence where he should not have spent more than three months in Lebanon before reaching the dead line of postponement determined by the decree–law number 102/83 and its amendments.
- Applying for the temporary exemption within three months of entering the Lebanese territories.
Required Documents:
An abroad stay certificate issued by the following references:
- The official authorized reference in the stay country (Ministry of Interior, Emigration Department, General Security Service, police, etc.) showing clearly the date, term and type of the beginning of the stay and certified by the authorities concerned and the Lebanese General Consulate.
- The Lebanese embassy (General Consulate) in the stay country according to the standard form, attached with the submitted certified papers (study or work certificates…) on which all of the required information are recorded.
- Showing Lebanese or foreign passports used during the declared stay term in order to check the dates of departure and arrival. If passports were not shown for any reason whatsoever, the alternative would be a certificate issued by the General Directorate of the General Security or the authorized departments in the stay country showing all departure and arrival moves, during the declared stay term.
- Proof of residence inside Lebanon with a declaration signed by the applicant stating his address and phone number abroad.
- A civil status or a photocopy of the identity card (ID).
Remark:
- Obtaining one or more consecutive stays in a certain country is not enough as a proof of real stay abroad.
- Stay documents emanating from the declaration of the applicant, a work or a company certificates are not accepted, even if they were certified by the official authorities according to the law.
- The availability of all documents is the proof to the right of the applicant to get an exemption. Lebanese general consulates might adopt the stay terms abroad other than the adopted country, if verification were based on the required official papers.
- Is not beneficiary from a temporary or full exemption due to the stay abroad, the applicant who managed to obtain a tourist visa after 10/4/2001 or the applicant who illegally leaves the Lebanese territories and stays abroad with no legal postponement.
The employed whose employment is proved to be legal for at least one year.
- The employed is understood as the daily employees in the public and private administrations.
The daily employees in the public institutions and administration:
Required Documents:
- A certified copy of the designation document.
- A certificate from the Labor union chief proves his subsistence in the job.
The daily employees in the private institutions:
Required Documents:
- A certificate from the boss.
- A service certificate in the statistics directorate and job organization techniques in the National fund for social insurance or from the insurance institution.
The students who are continuing their high university studies in full time in one of the educational institutions acknowledged by the specialized ministries for at least one year period:
Required Documents:
- A scholar certificate (technical or universal) according to the generalized model in the national education, high education, and technical education ministries where it should not be released before one month from applying for the definitive exemption.
- The certificates for the students’ continuation study abroad should be released, signed, and sealed by the educational institution that the student is continuing his studies in and should not be released before one month from applying for the final exemption.
The brothers of that who is executing the military duty for a three person family and less.
One or two brothers of the called which one of the following situations applies to:
- He should have finished the whole period of the military service in Lebanon.
- He should have finished at least six months of service and has been released, definitively exempted, or has got a postponement for private or health reasons.
Required Documents:
- A certified family identification card.
- A copy about the reserve card of the brother who has executed the duty, or a statement from the army staff personnel – mobilization directorate which proves the verity of executing the military service.
The rest of the children whose brothers are executing the military service in a three family individuals and more.
The rest of the called brothers (two) one of the following conditions applies to the situation of each of them:
- If he has finished the full period of the service in Lebanon.
- If he has finished at least a six months service and has been released, definitively exempted, or has got a postponement for private or health reasons.
Required Documents:
- A certified family identification card.
- A copy about the reserve card of the brother who has executed the duty, or a statement from the army staff personnel–Mobilization directorate which proves the verity of executing the military service.