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Alien Registration Law
Source:
http://www.moj.go.jp/ENGLISH/IB/ib-54.html
(PROVISIONAL TRANSLATION)
Law No.125 of 1952
Latest Amendment: Law No.134 of 1999
(Purpose)
- Article 1.
- The Purpose of this Law is to establish
equitable control over aliens residing in Japan by clarifying matters
pertaining to their residence and status and through the enforcement of
the registration of such aliens.
(Definition)
- Article 2.
- The term“alien”as used in this Law shall
mean, those persons not in the possession of Japanese nationality, persons
other than those who have been granted permission for provisional landing,
landing at the port-of-call, landing in transit, crewman's landing,
emergency landing and landing due to disaster provided for in the
Immigration Control and Refugee Recognition Act (Cabinet Order No.319 of
1951; hereinafter referred to as “The Immigration Control Act”).
- The person who has two or more
nationalities other than Japanese nationality shall be regarded, for the
purpose of this Law, as having the nationality of the country to which the
last issuing authority of his passport (meaning the passport provided for
in Article 2, item (5) of the Immigration Control Act; hereinafter the
same) belongs.
(Initial Registration)
- Article 3.
- Any alien in Japan shall apply for his
registration to the mayor or head of the city, town or village (of ward, in
the case of the part of Tokyo-to which is divided into the special wards or in
the case of the cities designated in Article 252-19, Paragraph 1 of the Local
Autonomy Law (Law No.67 of 1947); hereinafter the same) in which his residence
is located, submitting the documents and photographs specified in the
following items, within ninety days of the day of his landing in case he has
entered Japan (excepting the case where the alien who had departed from Japan
with the re-entry permission under Article 26 of the Immigration Control Act
has re-entered Japan and the case where the alien who had departed from Japan
with the Refugee Travel Document under Article 61-2-6 of the Immigration
Control Act has entered Japan being in possession of the Refugee Travel
Document concerned) or within sixty days of the day of his having become an
alien or the day of his birth or the occurrence of other relevant causes in
case he has become an alien in Japan or when he has come to stay in Japan
without following the procedure for landing provided for in Chapter III of the
Immigration Control Act due to his birth or other causes:
(1) One
application for alien registration;
(2) Passport;
(3) Two
passport-size photographs.
- In the case of the application under the
preceding paragraph, a person under the age of sixteen years shall not be
required to submit his photographs.
- If the mayor of the city or the head of the
town or village finds that there are unavoidable circumstances in the case of
an alien's application under Paragraph 1, he may extend the period for
application mentioned in the same paragraph to another period not exceeding
sixty days.
- In case an alien has filed an application
provided for in Paragraph 1, he shall not make the application mentioned in
the same paragraph again.
- Article 4.
- The mayor of the city or the head of the
town or village shall, in case an application has been made under Paragraph 1
of the preceding Article, register, on the alien registration card
(hereinafter referred to as “registration card”), the following Items, among
which (9) and (20) are to be registered only for aliens other than the
permanent residents specified in the upper column of Table 2 of the
Immigration Control Act (hereinafter referred to as "permanent resident") or
special permanent residents as provided for in the Special Law on the
Immigration Control of, Inter Alios, Those Who Have Lost Japanese Nationality
on the Basis of the Treaty of Peace with Japan (Law No.71 of 1991, hereinafter
referred to as "the Special Law on Immigration Control") (hereinafter referred
to as "special permanent resident"), while Items (18) and (20) are to be
registered only for aliens other than those whose period of stay has been
prescribed to be less than one year under the provisions of the Immigration
Control Act and who are staying within such period (excluding aliens who have
been granted permission to stay in Japan for one year or more counting from a
commencement of the initial period of stay as a result of an extension of the
period of stay or a change in the status of residence) (hereinafter referred
to as "less-than-one-year resident"), and the application shall be kept in the
offices of the relevant city, town or village.
(1) Number of registration;
(2) Date of registration;
(3) Name in full;
(4) Date of birth;
(5) Sex;
(6) Nationality;
(7) Domicile or residence in the country of
his nationality;
(8) Place of birth;
(9) Occupation;
(10) Passport number;
(11) Date of issuance of passport;
(12) Date of landing permission;
(13) Status of residence (meaning the status
of residence as a permanent resident or special permanent resident as provided
for in the Immigration Control Act)
(14) Period of stay (meaning the period of
stay provided for in the Immigration Control Act);
(15) Address in Japan;
(16) Name of householder;
(17) Personal relationship to householder;
(18) Name, date of birth, nationality and
personal relationship to householder of the household members (except the
householder concerned) in case the alien concerned is a householder;
(19) Name, date of birth and nationality of
father, mother and spouse who are in Japan (except father, mother and spouse
who are the members of the household, in case the alien concerned is a
householder);
(20) Name and location of place where the
alien is employed or his office;
- The mayor of the city or the head of the
town or village shall, in case he has carried out the registration mentioned
in the preceding paragraph, prepare the copy of the registration card
concerned and send it to the Minister of Justice.
(Handling of Registration Card)
- Article 4-2.
- While the registration cards are in the
safekeeping of the office of the city, town or village, the mayor of the city
or the head of the town or village shall take the necessary measures for
equitable control of the registration cards to prevent the leak, loss or
damage, etc. of registration data.
(Disclosure of Registration Card)
- Article 4-3.
- The mayor of the city or the head of the
town or village shall not make public the registration cards, except in cases
where the application has been made under the following Paragraphs 2-5 or any
other laws.
- The alien may apply to the mayor of the city
or the head of the town or village for a copy of the registration card or a
certificate containing the facts of the registered matters on the registration
card of the alien concerned, hereinafter referred to as "certificate of
registered matters".
- A proxy of the alien or a member of the
family having the same residence (including the person living together as a
spouse without actually being bound by a marriage certificate) can apply to
the mayor of the city or the head of the town or village for a copy of the
registration card or a certificate of registered matters.
- A national public organization or a local
public organization can apply to the mayor of the city or the head of the town
or village for a copy of the registration card or a certificate of registrered
matters, in the event that the registered facts of the registration card are
necessary for administrative procedures mentioned in the concerned law.
- Lawyers or other people prescribed in the
Cabinet Order may apply to the mayor of the city or the head of the town or
village for issuance of a certificate of registered matters, if it is
necessary to utilize the registered facts of the registration card for the
procedures mentioned in the concerned laws or for carrying out their duties.
However, except in cases provided in Article 4, Paragraph 1, Items (3)-(7) and
(15)-(17), the registered matters of the registration card shall not be made
open to the public unless otherwise there is an urgent need.
- The application mentioned in the preceding
three paragraphs must make the facts such as the reason for the application
clear, as provided for in the Ministry of Justice Ordinance.
(Issuance of Registration Certificate)
- Article 5.
- The mayor of the city or the head of the
town or village shall, when he has carried out the registration mentioned in
Paragraph 1 of Article 4, prepare the alien registration certificate
(hereinafter referred to as “registration certificate”) containing the
statement of matters specified in the items of the said paragraph (except
Items (18) and (19)) with respect to the alien concerned and issue the same to
him.
- When the registration certificate cannot be
issued on the spot in the case of the preceding paragraph because of the
investigation concerning the application mentioned in Article 3, Paragraph 1
or any other unavoidable circumstances due to the conduct of office work, the
mayor of the city or the head of the town or village may designate the period
for its issuance in writing and issue the certificate within such period in
accordance with the provisions of the Ministry of Justice Ordinance.
(Exchange Issuance of Registration Certificate)
- Article 6.
- The alien may, in case his registration
certificate has been noticeably damaged or spoiled, apply for the issuance of
a new registration certificate in exchange for that certificate, submitting
the documents and photographs specified in the following items accompanied by
such registration certificate to the mayor of the city or the head of the town
or village wherein he resides:
(1) One application for issuance of
registration certificate;
(2) Passport;
(3) Two photographs.
- In the case of the application under the
preceding paragraph, a person under the age of sixteen years shall not be
required to submit his photographs.
- In case the mayor of the city or the head of
the town or village has received the application under Paragraph 1, he shall
confirm whether the entry of the registration card is in accordance with the
actual facts.
- The mayor of the city or the head of the
town or village shall, in case he has confirmed under the preceding paragraph,
issue a new registration certificate according to the registration card.
- The provisions of Paragraph 2 of the
preceding Article shall apply mutatis mutandis in the case of the preceding
paragraph.
- The mayor of the city or the head of the
town or village may order the alien who carries a noticeably damaged or
spoiled registration certificate to return it and to make the application
under Paragraph 1.
- In case the mayor of the city or the head of
the town or village has received the application provided for in Paragraph 1,
he may make a new registration card by rewriting the registration card of the
alien.
- Article 6-2.
- On the occasion when the alien is to request
the registration of change in the previously registered matters under Article
8, Paragraph 1 or 2, Article 9, Paragraph 1 or 2, Article 9-2, Paragraph 1, or
Article 9-3, Paragraph 1, in case the registration certificate possessed by
the alien concerned has exhausted the space to express the change in
accordance with Article 8, Paragraph 3, Article 9, Paragraph 3, Article 9-2,
Paragraph 2, or Article 9-3, Paragraph 2, or in case the registration of
change concerns any item mentioned in Article 4, Paragraph 1, item (3) or (6),
he shall apply for issuance of a new registration certificate in exchange for
the previously issued one, with submitting the following documents and
photographs.
(1) One
application for issuance of registration certificate;
(2) Passport;
(3) Two
photographs.
- The mayor of the city or the head of the
town or village shall, in case that the alien submits the registration
certificate whose expression does not correspond to the fact because of the
registration of change under Article 10, Paragraph 1 and that the registration
certificate concerned has exhausted the space to express the change in
accordance with Article 10, Paragraph 2, or in case that he has corrected the
entries in the registration card in accordance with Article 10-2, Paragraph 1
and that the registration certificate possessed by the alien concerned has
exhausted the space to express the correction in pursuance with Article 10-2,
Paragraph 3, or that such a correction concerns any item mentioned in Article
4, Paragraph 1, Item (3), (4), (5) or (6) order the alien concerned to apply
for issuance of a new registration certificate in exchange of the previously
issued one, with submitting the documents and photographs mentioned in the
preceding paragraph.
- In the case of the application mentioned in
the preceding two paragraphs, a person under the age of sixteen years shall
not be required to submit his photographs.
- In case the mayor of the city or the head of
the town or village has received the application under Paragraph 1 or 2, he
shall confirm whether the entry of the registration card is in accordance with
the actual fact.
- The mayor of the city or the head of the
town or village shall, in case he has confirmed under the preceding paragraph,
issue a new registration certificate according to the registration card.
- The provisions of Article 5, Paragraph 2 and
Article 6, Paragraph 7 shall be applied mutatis mutandis to the application in
either Paragraph 1 or 2.
(Re-issuance of Registration Certificate)
- Article 7.
- In case the alien has lost his registration
certificate due to loss, theft, robbery or destruction, he shall apply for the
reissuance of a registration certificate, submitting the documents and
photographs specified in the following items to the mayor or head of the city,
town or village wherein he resides within fourteen days of the day whereon he
has become aware of such fact. The same shall apply to the case of the alien
who had departed from Japan with the re-entry permission under Article 26 of
the Immigration Control Act and re-entered Japan or who had departed from
Japan with the Refugee Travel Document under Article 61-2-6 of the Immigration
Control Act and entered Japan holding the Refugee Travel Document concerned
without possessing his registration certificate excepting the cause of loss,
theft, robbery or destruction:
(1) One
application for issuance of registration certificate;
(2) Passport;
(3) Two
photographs;
(4) Documents
which the mayor of the city or the head of the town or village deems
especially necessary in addition to those mentioned in the preceding items.
- In the case of the application under the
preceding paragraph, a person under the age of sixteen years shall not be
required to submit his photographs.
- In case the mayor of the city or the head of
the town or village has received the application under Paragraph 1, he shall
confirm whether the entry of the registration card is in accord with the
actual facts.
- The mayor of the city or the head of the
town or village shall, in case he has confirmed under the preceding paragraph,
issue a new registration certificate according to the registration card.
- The provisions of Article 5, Paragraph 2
shall apply mutatis mutandis in the case of the preceding paragraph.
- In case a registration certificate is
reissued pursuant to the provisions of Paragraph 4, the registration
certificate which has been issued to the alien concerned before the day of the
issuance of the new registration certificate, shall lose its validity.
- In case the alien has recovered the
registration certificate which had lost its validity according to the
provision of the preceding paragraph after the reissuance of the new
registration certificate to him under Paragraph 4, he shall promptly return
the registration certificate recovered to the mayor or head of the city, town
or village wherein he resides.
- The provisions of Paragraph 7 of Article 6
shall apply mutatis mutandis in the case wherein the application provided for
in Paragraph 1 has been made.
(Registration of Change of Place of Residence)
- Article 8.
- In case the alien has changed his place of
residence (excepting the case wherein he has changed his place of residence
within the limits of one and the same city, town or village), he shall apply
for the registration of the change of the place of residence by submitting a
written application for registration of the change to the mayor or head of the
city, town or village in which his new residence is located within fourteen
days of the day of his removal to the new place of residence.
- In case the alien has changed his place of
residence within the limits of one and the same city, town or village, he
shall apply for the registration of the change of the place of residence by
submitting a written application for registration of the change to the mayor
or head of city, town or village within fourteen days of the day of his
removal to the new place of residence.
- When the alien files the application
provided for in Paragraph 1 or the preceding paragraph, he shall submit the
registration certificate which he carries, unless he is obliged to apply for
the exchange issuance of registration certificate by virtue of Article 6-2,
Paragraph 1. In this case the mayor of the city or the head of the town or
village shall express the amendment of the place of residence in the
registration certificate and return the same to the alien concerned.
- In case the mayor of the city or the head of
the town or village has received the application under Paragraph 1, he shall
make a request promptly to the mayor or head of the city, town or village in
which the former place of residence of the alien is located to send him the
registration card concerning the alien.
- In case the mayor of the city or the head of
the town or village has received the request provided for in the preceding
paragraph, he shall promptly send the registration card of the alien concerned
to the mayor of the city or the head of the town or village who has made the
request.
- In case the mayor of the city or the head of
the town or village has received the application under Paragraph 2 or the
registration card under the preceding paragraph, he shall carry out the
registration of the change of the place of residence in the registration card
of the alien concerned.
- If the mayor of the city or the head of the
town or village deems that there are unavoidable circumstances in the case of
the application under Paragraph 1 or 2, he may extend the period provided for
in the said paragraphs to another period not exceeding fourteen days.
(Change of Place of Residence and Issuance of Registration Certificate)
- Article 8-2.
- In case the alien, who has made the
application under Article 3, Paragraph 1, Article 6, Paragraph 1, Article 6-2,
Paragraph 1 or 2, Article 7, Paragraph 1, Article 9-2, Paragraph 1, or Article
11, Paragraph 1 or 2, has made the application under the preceding Article,
Paragraph 1 before he has received the registration certificate issued to him
through his application, in addition to the provisions of the said Article,
the provisions of the following items shall apply:
(1) The
registration certificate shall be delivered through the mayor or head of the
city, town or village wherein the new place of residence is located;
(2) In case the
mayor or head of the city, town or village, wherein the new place of residence
is located, deems it necessary, he may change the period which the mayor or
head of the city, town or village, wherein the former place of residence was
located, has designated under Article 5, Paragraph 2 (including those cases
wherein this provision is applied mutatis mutandis under Article 6, Paragraph
5, Article 6-2, Paragraph 6, Article 7, Paragraph 5 Article 9-2, Paragraph 6,
and Article 11, Paragraph 5) in writing, in accordance with the Ministry of
Justice Ordinance;
(3) In case the
mayor or head of the city, town or village wherein the former place of
residence is located has received the request made under the provision of the
preceding Article, Paragraph 4, he shall forward promptly the registration
certificate to be delivered to the alien concerned to the mayor or head of the
city, town or village wherein the new place of residence is located.
(Registration of Change in Matters Registered other than Place of
Residence)
- Article 9.
- In case any change has taken place in the
matters of Items (3), (6), (9), (13), (14) or (20) of Article 4, Paragraph 1
registered in the registration card of an alien (except for the cases
mentioned in the following Article, Paragraph 1 and Article 9-3, Paragraph 1),
the alien shall apply to the mayor or head of the city, town or village
wherein the alien resides for the registration of the change in such matters
registered by submitting a written application for registration of the change
and documents proving such change within fourteen days of the day whereon such
change has taken place.
- In case any change has taken place in the
matters of Items (7), (10), (11) or from (16) to (19) of Article 4, Paragraph
1 registered in the registration card of an alien, the alien shall apply to
the mayor or head of the city, town or village wherein he resides, for the
registration of the change in such matters registered, by submitting a written
application for registration of the change and documents proving such change
by the time of the next application concerned with the provisions of Article
6, Paragraph 1, Article 6-2, Paragraph 1 or 2, Article 7, Paragraph 1, Article
8, Paragraph 1 or 2, the preceding paragraph, the following Article, Paragraph
1, Article 9-3, Paragraph 1 or Article 11, Paragraph 1 or 2, whereon such
change has taken place.
- When the alien files the application
provided for in Paragraph 1 of the preceding paragraph (except for the cases
of changes provided for in Items (18) and (19) of Article 4, Paragraph 1), he
shall submit the registration certificate which he carries, unless otherwise
he is obliged to apply for the exchange of registration certificate by virtue
of Article 6-2, Paragraph 1. In this case, the mayor of the city or the head
of the town or village shall enter the amendments of the application concerned
on the registration certificate and return the same to the alien concerned.
- In the case of the mayor of the city or the
head of the town or village receiving an application under Paragraph 1 or 2,
he shall register the amendments of that application concerned on the
registration card of the alien concerned. In this case, if the application
mentioned in Paragraph 1 has been concerned with the change in the status of
residence as a permanent resident or special permanent resident as provided
for in Item (13) of Article 4, Paragraph 1, the mayor of the city or the head
of the town or village shall delete the matters stipulated in Items (9) and
(20) of the same paragraph.
- The provisions of Article 8, Paragraph 7
shall apply mutatis mutandis in cases wherein the application provided for in
Paragraph 1 has been made.
- Article 9-2.
- In the case of a change taking place as
provided for in Items (13) and (14) of Article 4, Paragraph 1, if registered
on the registration card as a permanent resident or a special permanent
resident, the alien shall apply to the mayor of the city or the head of the
town or village wherein he resides for registration of the changes of Items
(13) and (14) of the same paragraph, and registration of those matters
specified in Items (9) and (20) of the same paragraph by submitting a written
application for registration of the change and documents proving the change,
within fourteen days of the day whereon such change has taken place.
- When the alien files the application
provided for in the preceding paragraph, he shall submit the registration
certificate which he carries, unless he is obliged to apply for issuance of a
new registration certificate in exchange of the previously issued one by
virtue of Article 6-2, Paragraph 1. In this case, the mayor of the city or the
head of the town or village shall register the change of Items (13) and (14)
of Article 4, Paragraph 1 and register those matters specified in Items (9)
and (20) of the same paragraph on the registration certificate and return the
same to the alien concerned.
- In the case of the mayor of the city or the
head of the town or village receiving an application under Paragraph 1, he
shall carry out registration of the changes of Items (13) and (14) of Article
4, Paragraph 1 and registration of those matters specified in Items (9) and
(20) of the same paragraph on the registration card of the alien concerned.
- The provisions of Paragraph 7 of Article 8
shall apply mutatis mutandis in cases wherein the application provided for in
Paragraph 1 has been made.
- Article 9-3.
- In the case of a less-than-one-year resident
who has come to be permitted to reside in Japan for one year or more counting
from commencement of the initial period of stay as a result of an extension of
the period of stay or a change in the status of residence, the alien shall
apply to the mayor or the head of the city, town or village wherein he resides
for registration of the changes of Item (13) or (14), Article 4, Paragraph 1,
and registration of those matters specified in Items (18) and (19) of the same
Paragraph by submitting a written application for registration of the change
and documents proving the change, within fourteen days of the day whereon the
change in the status of residence or the extension of the period of stay has
taken place.
- When the alien files the application
provided for in the preceding paragraph, he shall submit the registration
certificate which he carries, unless he is obliged to apply for the exchange
registration certificate by virtue of Article 6-2, Paragraph 1. In this case,
the mayor of the city or the head of the town or village shall enter the
amendments of the application concerned in the registration certificate and
return the same to the alien concerned.
- In the case of the mayor of the city or the
head of the town or village receiving an application under Paragraph 1, he
shall register the changes of Item (13) or (14) of Article 4, Paragraph 1 and
register those matters specified in Items (18) and (19) of the same paragraph
on the registration card of the alien concerned. In the case of the
application under Paragraph 1 concerning the change of status of residence in
Item (13) of Article 4, Paragraph 1, when registered as a permanent resident
or a special permanent resident, the mayor of the city or the head of the town
or village shall remove Items (9) and (20) in the same paragraph.
- The provisions of Paragraph 7 of Article 8
shall apply mutatis mutandis in cases wherein the application provided for in
Paragraph 1 has been made.
(Registration of Change Attendant upon Abolition, Creation, Division or
Amalgamation of City, Town or Village or Prefecture)
- Article 10.
- The mayor of the city or the head of the
town or village shall, in case matters entered in the registration card have
come to not correspond with the actual facts as a result of the abolition,
creation, division of amalgamation, alteration of the boundary or change of
the name of the city, town or village or prefecture, register the change in
the registration card.
- The mayor of the city or the head of the
town or village shall, in case the alien having the place of residence within
the area of such city, town or village has submitted a registration
certificate having the entry of facts not corresponding with the actual facts
resultant from the causes provided for in the preceding paragraph, express the
amendment in such registration certificate, unless he orders to apply for the
exchange issuance of the registration certificate by virtue of Article 6-2,
Paragraph 2.
(Correction of Registration)
- Article 10-2.
- Except in the cases provided for in Article
8, Paragraphs 1 and 2, Article 9, Paragraphs 1 and 2, Article 9-2, Paragraph
1, Article 9-3, Paragraph 1 and the preceding Article, Paragraph 1, the mayor
of the city or the head of the town or village shall, when he has come to know
that the entries made in the registration card do not correspond with the
actual facts, correct such entries.
- The mayor of the city or the head of the
town or village may, in case he has made the correction under the preceding
paragraph, order the alien concerned to submit the registration certificate
which he carries, unless he orders to apply for the exchange issuance of
registration certificate by virtue of Article 6-2, Paragraph 2.
- The mayor of the city or the head of the
town or village who has received the registration certificate submitted under
the provision of the preceding paragraph shall express the amendment in such
registration certificate and return the same to the alien concerned.
(Issuance of Registration Certificate for Renewal)
- Article 11.
- The alien shall apply to the mayor or the
head of the city, town or village wherein he resides, within thirty days of
the fifth anniversary (in the case of the alien being a permanent resident or
a special permanent resident on the day whereon the initial or other
registration was made, it shall be the seventh anniversary) of the alien's
birthday (in case his birthday is February 29, it shall be regarded as
February 28), as commencing from the year whereon the registration under
Article 4, Paragraph 1 (in case the confirmation has been done under Article
6, Paragraph 3, Article 6-2, Paragraph 4, or Article 7, Paragraph 3, based on
the application under this paragraph or the next paragraph, (in Paragraph 3,
this confirmation is referred to as ”the latest confirmation”), is to mean the
day on which the latest confirmation was made. In this paragraph, this day is
referred to as "the day whereon the initial or other registration was made.),
by submitting the documents and photographs specified in the following items,
for confirmation of whether the entry of the registration card corresponds
with the actual facts. However, this shall not apply to the alien who was less
than sixteen years of age on the day when the application under Article 3,
Paragraph 1 was made (in case the alien has ever made an application under
Article 6, Paragraph 1, Article 6-2, Paragraph 1 or 2, or Article 7, Paragraph
1 on the day whereon he made such application):
(1) One
application for confirmation of matters registered;
(2) Passport;
(3) Two
photographs
- The alien who is provided for in the
provision of the proviso of the preceding paragraph shall apply for
confirmation under the preceding paragraph wherein he resides within thirty
days of the day of his having become sixteen years.
- Despite the provision of Paragraph 1, in
respect to the alien whose status falls under one of the following items at
the time of the registration (in case the confirmation has been made, this
means the latest confirmation) mentioned in Paragraph 1, the duration for the
application for confirmation under Paragraph 1 shall be within thirty days
from the date whereon the mayor of the city or the head of the town or village
has designated (between 1 year and 5 years), in accordance with the Ministry
of Justice Ordinance.
(1) Those whose
status of residence is not confirmed;
(2) Those whose
signature according to the provision under Article 14-2 has not been written.
- The mayor of the city or the head of the
town or village shall, in case he has confirmed based on the application under
Paragraph 1 or 2, issue a new registration certificate according to the
registration card.
- The provision of Article 5, Paragraph 2
shall apply mutatis mutandis in the case of the preceding paragraph.
- When the alien receives the registration
certificate under the provision of Paragraph 4, he shall return the
registration certificate he carries to the mayor of the city or the head of
the town or village. However in case the alien concerned receives the
registration certificate delivered through his proxy by virtue of Article 15,
Paragraph 3, he may return the old registration certificate within fourteen
days since receiving the new certificate.
- In case the mayor of the city or the head of
the town or village has issued the registration certificate under the
provision of Paragraph 4, he may not issue the registration certificate under
the provision of Article 6, Paragraph 4, Article 6-2, Paragraph 5 or Article
7, Paragraph 4, in exchange for, or for the purpose of reissuance of, the
registration certificate issued to the alien concerned prior to the above
issuance.
- In case the registration certificate is
issued under Paragraph 4, the registration certificate which has been issued
to the alien concerned before the day of the issuance of the new registration
certificate, shall lose its validity.
- In case the alien has recovered the
registration certificate which had lost its validity under the preceding
paragraph after he has received the registration certificate issued to him
under Paragraph 4, he shall promptly return the registration certificate
recovered to the mayor or the head of the city, town or village wherein he
resides.
- The provision of Article 6, Paragraph 7
shall apply mutatis mutandis in the case wherein the application has been made
under Paragraph 1 or 2.
(Return of Registration Certificate)
- Article 12.
- In case the alien leaves Japan (except for
when he leaves Japan with the re-entry permission provided for in Article 26
of the Immigration Control Act, or he leaves Japan with the Refugee Travel
Document under Article 61-2-6 of the Immigration Control Act), he shall return
his registration certificate to the Immigration Inspector (meaning the
Immigration Inspector provided for in the Immigration Control Act; hereinafter
the same) at the port of entry or departure (meaning the port entry or
departure provided for in the Immigration Control Act) at which he departs
from Japan.
- In case the alien has ceased to be an alien,
he shall return his registration certificate to the mayor or head of the city,
town or village wherein he resides within fourteen days of the day whereon he
ceases to be an alien.
- In case the alien died, one of the persons
specified in the items of Article 15, Paragraph 2 (excluding any person under
the age of sixteen years) shall, in the order of their specifying, return the
deceased alien's registration certificate to the mayor or head of the city,
town or village in which he used to reside within fourteen days of his death.
However, in case the place of residence of the alien is different from the
place of his death, the registration certificate may be returned to the mayor
or head of the city, town or village of the place of residence through the
mayor or head of the city, town or village of the place of his death.
(Receipt, Carrying and Presentation of Registration Certificate)
- Article 13.
- The alien shall receive the registration
certificate issued or returned to him by the mayor of the city or the head of
town or village, and carry it with him at all times. However, the alien under
the age of sixteen years shall not be required to carry his registration
certificate with him.
- The alien shall present his registration
certificate to the Immigration Inspector, Immigration Control Officer (meaning
the Immigration Control Officer provided for in the Immigration Control Act),
Police Official, Maritime Safety Official or any other official of the state
or local public entity prescribed by the Ministry of Justice Ordinance, if
such official requests the presentation of the registration certificate in the
performance of his duties.
- In case the official mentioned in the
preceding paragraph requests the presentation of the registration certificate
in a place other than his office, he shall carry with him the identification
card showing his official status and present it upon request.
(Signature)
- Article 14.
- In case the alien, who is sixteen years of
age or over (excluding less-than-one-year resident), makes the application
under Article 3, Paragraph 1, Article 6, Paragraph 1, Article 6-2, Paragraph 1
or 2, Article 7, Paragraph 1, Article 9-2, Paragraph 1 or Article 11,
Paragraph 1 or 2, he shall affix his signature on the registration card and
signature card at the time of submitting the application form for application
under those provisions. However, this provision shall not apply in the case
where the application has been made by his proxy in accordance with Article
15, Paragraph 2, or if the alien cannot affix his signature at the time of
submitting the application form for application under those provisions.
- In the case of a less-than-one-year
resident, who is sixteen years of age or over, making an application under
Article 9-3, Paragraph 1, he shall affix his signature on the registration
card at the time of submitting the application form for application under that
provision. However, this provision shall not apply in cases where the
application has been made by a proxy in accordance with Article 15, Paragraph
2, or if the alien cannot affix his signature at the time of submitting the
application form for application under that provision.
- The method of affixing one's signature and
other necessary matters concerning the signature in the preceding two
paragraphs, shall be prescribed by Cabinet Order.
- The mayor of the city or the head of the
town or village shall transfer and reprint the signature affixed on the
registration card or signature card at the time of the application, for the
issuance of the registration certificate in accordance with Paragraph 1 or 2
to the registration certificate to be delivered in pursuant to the provisions
of Article 5, Paragraph 1, Article 6, Paragraph 4, Article 6-2, Paragraph 5,
Article 7, Paragraph 4 or Article 11, Paragraph 4.
- Article 15.
- The application, receipt or submission of
the registration certificate and signature, which are provided for in this
Law, shall be performed by the alien by appearing in person in the municipal
office of the city, town or village concerned.
- In case the alien is under the age of
sixteen years or in case he is unable to make an application or perform the
receipt or submission of the registration certificate in person by reason of
disease or other physical impediments, the person specified in the following
items and living with such alien (excluding any person under the age of
sixteen years), in the order he is specified in the following items, shall
make the application or perform the receipt or submission of the registration
certificate provided for in the preceding paragraph on behalf of such person.
In case the alien or the person who used to be an alien is under the age of
sixteen years, the same shall apply to the return of the registration
certificate under Article 7, Paragraph 7 or Article 12, Paragraph 1 or 2:
(1) Spouse;
(2) Child;
(3) Father or
Mother;
(4) Relative
other than those specified in the preceding items;
(5) Any other
person living with the alien concerned.
- The application in accordance with the
provisions of Article 8, Paragraph 1 or 2, Article 9, Paragraph 1 or 2 or
Article 9-2, Paragraph 1 and receipt of the registration certificate under
Article 5, Paragraph 2 (including cases in which the said provision is applied
mutatis mutandis by virtue of Article 6, Paragraph 5, Article 6-2, Paragraph
6, Article 7, Paragraph 5 and Article 11, Paragraph 5), which has been
delivered during the period designated by the mayor of the city or the head of
the town or village, without prejudice to Paragraph 1 and the former part of
the preceding paragraph, may be undertaken by a cohabiting relative (excluding
any person under the age of sixteen years) of the alien concerned on behalf of
such person or any cohabitant who comes under any of Items (1) through (3) in
the preceding paragraph (excluding any person under the age of sixteen years).
(Investigation into Fact)
- Article 15-2.
- In case the mayor of the city or the head of
the town or village has received the application under Article 3, Paragraph 1,
Article 6, Paragraph 1, Article 6-2, Paragraph 1 or 2, Article 7, Paragraph 1,
Article 8, Paragraph 1 or 2, Article 9, Paragraph 1 or 2, Article 9-2,
Paragraph 1, Article 9-3, Paragraph 1 or Article 11, Paragraph 1 or 2, if he
has sufficient reason to suspect that the matters contained in the application
are contrary to the facts, he shall commission his staff member to investigate
into the facts for the sake of the accurate enforcement of the registration of
the alien. In this case he may summon the alien who has made the application
concerned, if he deems it necessary.
- The staff member of the city, town or
village may question the alien who has made the application concerned or any
other person concerned or request him to present documents, if it is deemed
necessary for the investigation provided for in the preceding paragraph.
- In case the staff member of the city, town
or village performs the acts mentioned in the preceding paragraph out of the
office of the city, town or village, he shall carry with him an identification
card showing his official status and present the same upon the request of the
alien who has made the application concerned or other persons concerned.
(Exemption of the Application of the Administrative Procedure Law)
- Article 15-3.
- Chapters II and III of the Administrative
Procedure Law (Law No.88 of 1993) are not applied to an administrative measure
under this law.
(Report of Registration of Change)
- Article 16.
- In case the mayor of the city or the head of
the town or village has carried out the registration of change under the
provision of Article 8, Paragraph 6, Article 9, Paragraph 4, Article 9-2,
Paragraph 3, Article 9-3, Paragraph 3 or Article 10, Paragraph 1, he shall
report to that effect to the Minister of Justice.
(Classification of Business)
- Article 16-2.
- The business which the mayor of the city or
the head of the town or village performs in accordance with the provisions of
this law shall be classified as Type 1 of the statutory entrusted functions
defined in Article 2, Paragraph 9, Item (1) of the Local Autonomy Law.
(Delegation to Cabinet Order, etc.)
- Article 17.
- Excluding the case as otherwise provided in
this Law, the procedures for the enforcement of this Law and other necessary
detailed regulations for execution shall be prescribed by the Ministry of
Justice Ordinance (by Cabinet Order in respect of the work which should be
done by the mayor of the city or the head of the town or village).
(Penal Provisions)
- Article 18.
- Any person who comes under any one of the
following items shall be punished with penal servitude or imprisonment for a
period not exceeding one year or be punished with a fine not exceeding two
hundred thousand yen:
(1) Any person
who, in violation of the provision of Article 3, Paragraph 1, Article 7,
Paragraph 1 or Article 11, Paragraph 1 or 2, fails to make the application in
accordance with such provisions and stays in Japan over the period prescribed
in the said paragraphs;
(1)-2 Any person
who fails to apply in accordance with Article 6-2, Paragraph 1;
(2) Any person
who makes a false application with respect to the application provided for in
Article 3, Paragraph 1, Article 7, Paragraph 1, Article 8, Paragraph 1 or 2,
Article 9, Paragraph 1, Article 9-2, Paragraph 1, Article 9-3, Paragraph 1 or
Article 11, Paragraph 1 or 2 (including the application in the cases provided
for in Article 15, Paragraph 2 or 3);
(3) Any person
who obstructs the application provided for in Article 3, Paragraph 1, Article
7, Paragraph 1, Article 8, Paragraph 1 or 2, Article 9, Paragraph 1, Article
9-2, Paragraph 1, Article 9-3, Paragraph 1 or Article 11, Paragraph 1 or 2
(including the application in the cases provided for in Article 15, Paragraph
2 or 3);
(4) Any person
who violates the provision of Article 3, Paragraph 4;
(5) Any person
who fails to obey the order provided for in Article 6, Paragraph 6, Article
6-2, Paragraph 2 or Article 10-2, Paragraph 2 or obstructs the application or
the presentation of the registration certificate to be made in obeyance to the
order provided for in the said paragraphs (including the application and
presentation in the cases provided for in Article 15, Paragraph 2);
(6) Any person
who, in violation of the provision of Article 13, Paragraph 1, fails to
receive the registration certificate or obstructs the receipt of the
registration certificate issued or returned by the mayor of the city or the
head of the town or village (including the receipt in the cases provided for
in Article 15, Paragraphs 2 and 3),
(7) Any person
who, in violation of the provision of Article 13, Paragraph 2, refuses to
present the registration certificate;
(8) Any person
who, in violation of the provision of Article 14-2, fails to affix his
signature or prevents one from affixing signature;
(9) Any person
who used a registration certificate bearing the name of any other person;
(10) Any person
who transfers or lends his registration certificate for the use of any other
person or has a registration certificate under the name of any other person
transferred or lent to him for his own use.
- Any person who commits any of the offenses
mentioned in the preceding paragraph may be punished with either penal
servitude and a fine or imprisonment and a fine.
- Article 18-2.
- Any person who comes under any one of the
following items shall be punished with a fine not exceeding two hundred
thousand yen:
(1) Any person
who violates the provision of Article 7, Paragraph 7, Article 11, Paragraph 6
or 9 or Article 12, Paragraph 1 or 2;
(2) Any person
who, in violation of the provision of Article 8, Paragraph 1 or 2 or Article
9, Paragraph 1 or 2, Article 9-2, Paragraph 1 or Article 9-3, Paragraph 1
fails to make an application in accordance with such provisions and stays in
Japan over the period prescribed in those said paragraphs;
(3) Any person
who makes a false application with respect to the application provided for in
Article 9, Paragraph 2 (including the application in the cases provided for in
Article 15, Paragraph 2 or 3);
(4) Any person,
excluding a special permanent resident, who, in violation of the provision of
Article 13, Paragraph 1, fails to carry with him the registration certificate.
- Article 19.
- Any special permanent resident who, in
violation of the provision of Article 13, Paragraph 1, fails to carry with him
the registration certificate, shall be punished with a fine not exceeding one
hundred thousand yen.
- If, in the cases provided for in Article 15,
Paragraph 2, any one of the persons specified in the items of the said
paragraph, in violation of the provision of Article 3, Paragraph 1, Article
6-2, Paragraph 1, Article 7, Paragraph 1, Article 8, Paragraph 1 or 2, Article
9, Paragraph 1 or 2, Article 9-2, Paragraph 1, Article 9-3, Paragraph 1 or
Article 11, Paragraph 1 or 2, fails to make the application provided for in
such provisions, fails to follow the order under the provision of Article 6,
Paragraph 6, Article 6-2, Paragraph 2 or Article 10-2, Paragraph 2, fails to
receive the registration certificate in violation of the provision of Article
13, Paragraph 1 or fails to return the registration certificate in violation
of the provision of Article 7, Paragraph 7 or Article 12, Paragraph 1 or 2,
such person shall be liable to a non-penal fine not exceeding fifty thousand
yen. The same shall apply to the person who fails to return the registration
certificate in violation of the provision of the main part of Article 12,
Paragraph 3.
- Any alien who procures a copy of a
registration card or a certificate of registered matters, violating the
provisions of Article 4-3, Paragraph 2 to 5 through fraud or in any other
unlawful manner shall be punished with a fine not exceeding fifty thousand
yen.
(Court Having Jurisdiction to Make Decisions on Non-Penal Fines)
- Article 20.
- The decision upon the imposition of
non-penal fine prescribed in the preceding paragraphs shall be rendered by the
summary court.
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