Ministerial Order on the Arrangement of Ministerial Orders Related to the Ministry of Justice and on Transitional Measures upon the Enforcement of the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan, and Other Matters
出入国管理及び難民認定法及び日本国との平和条約に基づき日本の国籍を離脱した者等の出入国管理に関する特例法の一部を改正する等の法律の施行に伴う法務省関係省令の整備及び経過措置に関する省令
A Ministry of Justice Order (法務省令) made to carry out Act No. 79 of 2009, which repealed the Alien Registration Act (外国人登録法), of which the text held here is only Chapter 2, its transitional measures (経過措置): the passport stamp promising a residence card (在留カード) later to a new arrival who cannot be given one at the port, and the forms, documents and stand-ins for the applications and notifications by which registered foreign nationals moved from alien registration certificates to residence cards and special permanent resident certificates ().
- Text in force since
- Promulgated
- Articles
- 14
- Amendments on the way
- 0
What this law does
- For the time being, where a mid- to long-term resident (中長期在留者) given landing permission cannot be handed a residence card at once at the port where they landed, Act No. 79 of 2009 has the immigration inspector (入国審査官) note in their passport that a card will be issued later; this Order makes that note a stamp on its Form 1, and where the landing stamp is on Form 7-2 of the Immigration Control Act's Enforcement Regulation the inspector also writes in the passport the number of the card to be issued. The card is issued only after the resident has notified their place of residence (住居地) at the municipal office.(Art. 11(1), Art. 11(2), Art. 11(3), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 7(1)) (the provisions it rests on)
Read the full overview
- Until the card is issued, such a resident notifies their place of residence, or a move, by showing the passport so marked instead of handing in a residence card, and may leave on the deemed re-entry permission (みなし再入国許可) with that passport, as Act No. 79 of 2009 provides.(Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 7(2), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 7(3)) (the provisions it rests on)
- A special permanent resident (特別永住者) still holding a registration certificate (登録証明書) of the former Act that Act No. 79 of 2009 treats as their special permanent resident certificate — for one under 16 on 9 July 2012, until their 16th birthday — applies for a certificate on Form 16 with a photograph taken within the previous three months, showing their passport (or explaining in writing why they cannot) and the registration certificate; one under 16 needs no photograph. The municipal office copies the passport and sends the copy to the Commissioner of the Immigration Services Agency (出入国在留管理庁長官).(Art. 21(1), Art. 21(2), Art. 21(3), Art. 21(4), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 28(1), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 28(2)(i), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 28(3), Cabinet Order on the Arrangement of Related Cabinet Orders and on Transitional Measures upon the Enforcement of the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan, and Other Matters Art. 23(1)) (the provisions it rests on)
- A special permanent resident whose registration certificate is still treated as their special permanent resident certificate (someone under 16 on 9 July 2012) must also apply to renew it between six months before their 16th birthday and the birthday itself, as Article 12(1) of the Special Act read before 1 November 2023 — a wording Article 22 of the supplementary provisions of Act No. 56 of 2023 keeps for such certificates; failing to apply is punishable under Article 31 of the Special Act.(Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 28(1), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 28(2)(i), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 22(1), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 22(4), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Art. 12(1) from 17 June 2022, Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Art. 31(1)(ii)) (the provisions it rests on)
- A mid- to long-term resident or special permanent resident registered under the former Act whose registered address on 8 July 2012 was not their place of residence, or who had no registration certificate then, makes the residence notification Act No. 79 of 2009 requires on Form 5 (mid- to long-term residents) or Form 18 (special permanent residents). Someone they ask (other than a cohabiting relative aged 16 or over) or their legal representative may make it, and collect the card or certificate handed back, for them.(Art. 16(1), Art. 17(1), Art. 23(1), Art. 24(1), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 17(1), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 30(1)) (the provisions it rests on)
- For the changeover itself, it set the forms for the applications made from 13 January 2012 by registered foreign nationals for a residence card or special permanent resident certificate ahead of 9 July 2012, and for those made afterwards in place of a registration certificate or by those who had none, each with a photograph taken within the previous three months and, as the application required, the passport or certificate of status of residence (在留資格証明書), the registration certificate and any permission to engage in an activity other than that permitted (資格外活動許可書) shown. Registered attorneys and administrative scriveners (行政書士) and legal representatives could act for them — for mid- to long-term residents, so could staff of their employer, school or other organization whom the bureau director found suitable — and, for one under 16 or unable through illness, a relative not living with them or a cohabitant found suitable.(Art. 12(1), Art. 12(2), Art. 12(5), Art. 14(1), Art. 14(2), Art. 15(1), Art. 15(2), Art. 17(2), Art. 20(1), Art. 20(2), Art. 20(5), Art. 22(1), Art. 22(2), Suppl. Prov. Art. 1(1), Suppl. Prov. Art. 1(1)(i)) (the provisions it rests on)
Residence card issued laterAdvance application for a residence cardTransitional residence notificationActing for a residentRevoking a status of residenceDeportation procedureCertificate in place of a registration certificate
Contents
Amendments
A Japanese law is changed by another law or order that rewrites it — an . No amendment to this law is waiting to come into force. Its latest amendments are below. This law's amendments page lists every amendment e-Gov records and, for those whose changes this site has read, shows them provision by provision, in Japanese and English.
4 amendments already in force
28 December 2020
The text on this site
Ministerial Order Partially Amending the Regulation for Enforcement of the Immigration Control and Refugee Recognition Act, etc.
出入国管理及び難民認定法施行規則等の一部を改正する省令
1 July 2019
Ministerial Order Partially Amending the Regulation for Enforcement of the Immigration Control and Refugee Recognition Act, etc.
出入国管理及び難民認定法施行規則等の一部を改正する省令
1 April 2019
Ministerial Order on the Arrangement, etc. of Ministerial Orders Related to the Ministry of Justice upon the Enforcement of the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Act for Establishment of the Ministry of Justice
出入国管理及び難民認定法及び法務省設置法の一部を改正する法律の施行に伴う法務省関係省令の整備等に関する省令
1 January 2017
e-Gov gives no title for this amendment
Who it applies to
It applies to
- Mid- to long-term residents who land at a port where a residence card cannot be handed to them at once.(Art. 11(1), Art. 11(3)) (the provisions it rests on)
- Mid- to long-term residents and special permanent residents in Japan when Act No. 79 of 2009 came into force — registered under the former Alien Registration Act or not — for the applications and notifications of the changeover, and those who act for them.(Art. 15(1), Art. 16(1), Art. 17(4), Art. 21(1), Art. 22(1), Art. 23(1), Art. 24(4)) (the provisions it rests on)
Special rules and exceptions (1)
- Someone under 16 needs no photograph for an application in place of a registration certificate, nor did a special permanent resident under 16 who had none. None was needed either, unless the Minister of Justice asked for one, for the 2012 advance applications of someone under 16 on 9 July 2012, or for the application of a mid- to long-term resident under 16 who had no registration certificate.(Art. 12(3), Art. 14(3), Art. 15(3), Art. 20(3), Art. 21(3), Art. 22(3)) (the provisions it rests on)
How it is enforced (3)
- This Ministry of Justice Order sets no penalties. Act No. 79 of 2009 punishes failing to make the transitional residence notification with a fine of up to 200,000 yen; a false one, and using another person's registration certificate, or providing a registration certificate or receiving another person's for it to be used, with imprisonment (拘禁刑) of up to one year or a fine of up to 200,000 yen.(Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 37(1)(ii), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 38(1), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 39(1)) (the provisions it rests on)
- Where the Minister of Justice revokes the status of residence (在留資格) of a mid- to long-term resident who, without good reason, did not make the transitional residence notification within 90 days of 9 July 2012, or notified a false place of residence, as Act No. 79 of 2009 allows, the procedure is that of Articles 25-2 to 25-14 of the Immigration Control Act's Enforcement Regulation, and the written notice of revocation is always on Form 37-17 of that Regulation, the form for a revocation that sets a period to leave.(Art. 18(1), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 23(1), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 23(2), Regulation for Enforcement of the Immigration Control and Refugee Recognition Act Art. 25-13(1)) (the provisions it rests on)
- A foreign national sentenced to imprisonment (拘禁刑) under Act No. 79 of 2009 for a false transitional notification, for not applying for a card or certificate as it required, or for misusing a registration certificate can be deported (退去強制), and the deportation procedure follows Articles 30 to 50 of the Immigration Control Act's Enforcement Regulation, with this Order's Forms 6 to 14 used in place of nine of that Regulation's forms.(Art. 19(1), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 24(1), Immigration Control and Refugee Recognition Act Suppl. Prov. Art. 24(2), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 37(1), Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan Suppl. Prov. Art. 39(1)) (the provisions it rests on)
How it connects to other laws
Cites this lawLawThis law cites it
- Immigration Control and Refugee Recognition Act011
- Regulation for Enforcement of the Immigration Control and Refugee Recognition Act18
- Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan07
- Cabinet Order on the Arrangement of Related Cabinet Orders and on Transitional Measures upon the Enforcement of the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan, and Other Matters03
It also names 2 laws not yet held here.
Where the translation comes from
- 128
The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.
Only the Japanese is the law, and no lawyer has reviewed the machine translation.
Sources
Everything this page rests on
- e-Gov (Digital Agency)出入国管理及び難民認定法及び日本国との平和条約に基づき日本の国籍を離脱した者等の出入国管理に関する特例法の一部を改正する等の法律の施行に伴う法務省関係省令の整備及び経過措置に関する省令 — the text in force from 2020-12-28Original
- e-Gov (Digital Agency)出入国管理及び難民認定法及び日本国との平和条約に基づき日本の国籍を離脱した者等の出入国管理に関する特例法の一部を改正する等の法律の施行に伴う法務省関係省令の整備及び経過措置に関する省令 — revision historyOriginal
- Machine translation, not official
- Machine translation, corrected on review, not official
- Written for this site with AIEnglish titles of amending laws, written for this site
- Written for this site with AIDescriptions of each law, written for this site
- Written for this site with AIEnglish title of a law in this collection, written for this site
- Worked out by this site from e-Gov's text