Chapter VII Miscellaneous Provisions (Articles 100-5 to 100-9)
The law as Act Partially Amending the National Pension Act, etc., and Other Matters, to Strengthen the Functions of the Pension System in Light of Socioeconomic Changes (Act No. 74 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 100-5第百条の五
Delegation of Authority to the Minister of Finance(財務大臣への権限の委任)
Article 100-5, paragraph (1)
If, pursuant to paragraph (3) of the preceding Article, the Minister of Health, Labour and Welfare has decided to be the one to undertake the whole or apart of the measures to collect arrears and related authority and the authority set forth in paragraph (1), item (xxx) of that Article, but, because it is likely that a person obligated to pay in connection with what is prescribed by Order of the Ministry of Health, Labour and Welfare among the authority in question and the authorities prescribed by Order of the Ministry of Health, Labour and Welfare provided for in that item (hereinafter referred to in this Article as a "measures to collect arrears, related authority, and other such dispositions"), has concealed assets with the purpose of evading the execution of the measures to collect arrears, related authority, and other such dispositions or because of the existence of any other circumstances prescribed by Cabinet Order, the Minister of Health, Labour and Welfare finds it to be necessary to do so in order to effectively carry out the collection of insurance premiums or any other monies to be collected under the provisions of this Act, the Minister of Health, Labour and Welfare, as prescribed by Cabinet Order, may provide the Minister of Finance with information on the person obligated to pay and with any other necessary information, and delegate the whole or a part of the authority for the measures to collect arrears, related authority, and other such dispositions involving the person obligated to pay to the Minister of Finance.
If the Minister of Finance has exercised the whole or a part of the authority for measures to collect arrears, related authority, and other such dispositions under the delegation referred to in the preceding paragraph, the minister is to report the status of execution and the results of the measures to collect arrears, related authority, and other such dispositions to the Minister of Health, Labour and Welfare as prescribed by Order of the Ministry of Health, Labour and Welfare.
The provisions of paragraph (5) of the preceding Article apply mutatis mutandis to notices issued by the Minister of Finance if the Minister exercises the whole or a part of the authority in measures to collect arrears, related authority, and other such dispositions under the delegation referred to in paragraph (1). Order of the Ministry of Health, Labour and Welfare provides for the necessary technical replacement of terms in such a case and for any other necessary particulars in connection with notices issued to the person who will be the subject of the measures to collect arrears, related authority, and other such dispositions in such a case.
Order of the Ministry of Health, Labour and Welfare provides for the handing over of the administrative functions associated with the authority for measures to collect arrears, related authority, and other such dispositions and for any other necessary particulars for cases in which the Minister of Finance either decides to exercise the whole or a part of the authority in measures to collect arrears, related authority, and other such dispositions under the delegation referred to in paragraph (1), or decides not to exercise the whole or a part of the authority in measures to collect arrears, related authority, and other such dispositions that the Minister has been exercising under the delegation referred to that paragraph.
The Minister of Finance delegates authority that has been delegated thereto pursuant to the provisions of paragraph (1), authority under paragraph (2), and authority under the provisions of paragraph (5) of the preceding Article as applied mutatis mutandis pursuant to paragraph (3), to the Commissioner of the National Tax Agency.
The Commissioner of the National Tax Agency, as prescribed by Cabinet Order, may delegate the whole or a part of the authority that has been delegated thereto pursuant to the provisions of the preceding paragraph to the commissioner of the regional taxation bureau with jurisdiction over the locality of the place of business or office of a person obligated to pay.
The commissioner of a regional taxation bureau, as prescribed by Cabinet Order, may delegate the whole or a part of the authority that has been delegated thereto pursuant to the provisions of the preceding paragraph to the district director of the tax office with jurisdiction over the locality of the place of business or office of a person obligated to pay.
Authorization for the Measures to Collect Arrears and Related Authority That JPS Undertakes; Related Matters(機構が行う滞納処分等に係る認可等)
Article 100-6, paragraph (1)
When JPS undertakes measures to collect arrears and related authority, in addition to obtaining the authorization of the Minister of Health, Labour and Welfare in advance, it must have collection officials undertake measures to collect arrears and related authority in accordance with the operative regulations for measures to collect arrears and related authority provided for in paragraph (1) of the following Article.
The collection officials referred to in the preceding paragraph are appointed by the president of JPS with the authorization of the Minister of Health, Labour and Welfare, from among JPS officials with knowledge in the laws and regulations concerning measures to collect arrears and related authority, and with the necessary knowledge and abilities for practical operations.
Having undertaken measures to collect arrears and related authority, JPS must report the results to the Minister of Health, Labour and Welfare without delay, pursuant to Order of the Ministry of Health, Labour and Welfare.
Authorization of Operative Regulations for Measures to Collect Arrears and Related Authority; Related Matters(滞納処分等実施規程の認可等)
Article 100-7, paragraph (1)
JPS must establish regulations for implementing measures to collect arrears and related authority (hereinafter referred to in this Article as "operative regulations for measures to collect arrears and related authority") and have them authorized by the Minister of Health, Labour and Welfare. The same applies if it seeks to revise them.
In the operative regulations for measures to collect arrears and related authority, JPS must specify the timing of seizures, the way of selecting assets to seize, and other particulars prescribed by Order of the Ministry of Health, Labour and Welfare as being necessary for ensuring fair and reliable execution of measures to collect arrears and related authority.
If the Minister of Health, Labour and Welfare finds that the operative regulations for measures to collect arrears and related authority authorized thereby as referred to in paragraph (1) have become inappropriate in terms of the fair and reliable execution of measures to collect arrears and related authority, the Minister of Health, Labour and Welfare may order JPS to revise its operative regulations for measures to collect arrears and related authority.
Authorization for Site Inspections and Other Actions That JPS Carries Out; Related Matters(機構が行う立入検査等に係る認可等)
Article 100-8, paragraph (1)
Before carrying out administrative functions associated with the authority provided for in Article 100-4, paragraph (1), item (xxxiii), item (xxxiv) or item (xxxvi), JPS must first obtain the authorization of the Minister of Health, Labour and Welfare.
To apply the provisions of Article 77, item (i), Article 96, Article 97, and Article 100, paragraph (1) to a case in which JPS carries out administrative functions associated with the authority provided for in Article 100-4, paragraph (1), item (xxxiii), item (xxxiv), or item (xxxvi), the phrase "competent official" in these provisions is deemed to be replaced with "JPS official".
Delegation of Authority to Directors-General of Regional Bureaus of Health and Welfare(地方厚生局長等への権限の委任)
Article 100-9, paragraph (1)
The authority of the Minister of Health, Labour and Welfare provided for in this Act (excluding the authority of the Minister of Health, Labour and Welfare provided for in Article 100-5, paragraph (1) and paragraph (2)) may be delegated to the director-general of a regional bureau of health and welfare pursuant to Order of the Ministry of Health, Labour and Welfare (or pursuant to Cabinet Order, in the case of the authority of the Minister of Health, Labour and Welfare provided for in Article 28-4).
The authority delegated to the director-general of a regional bureau of health and welfare pursuant to the provisions of the preceding paragraph may be delegated to the director-general of a regional branch bureau of health and welfare pursuant to Order of the Ministry of Health, Labour and Welfare (or pursuant to Cabinet Order, in the case of the authority of the Minister of Health, Labour and Welfare provided for in Article 28-4).
If, pursuant to the provisions of paragraph (1), the authority of the Minister of Health, Labour and Welfare provided for in Article 28-4 has been delegated to the director-general of a regional bureau of health and welfare (or if, pursuant to the provisions of the preceding paragraph, the authority of the Minister of Health, Labour and Welfare provided for in that Article has been delegated to the director-general of a regional branch bureau of health and welfare), the phrase "the Social Security Council" in paragraph (3) of that Article is deemed to be the phrase "the council specified by Cabinet Order which is established in the regional bureau of health and welfare".