Chapter III Procedures for Landing
第三章 上陸の手続
Section 1 Examination for Landing
第一節 上陸のための審査
Article 6Application for Landing
第六条(上陸の申請)
Any foreign national (except for a crew member; hereinafter the same applies in this Section) who seeks to land in Japan must possess a valid passport with a visa issued by a Japanese consular officer, etc.; provided, however, that a visa is not required for the passport of a foreign national for whom a visa issued by a Japanese consular officer, etc. is unnecessary pursuant to an international agreement or through notification to that effect from the Japanese Government to a foreign government for the passport of a person for whom re-entry permission pursuant to the provisions of Article 26, paragraph (1) (including those persons who are deemed to have been granted re-entry permission pursuant to the provisions of Article 26-2, paragraph (1) or Article 26-3, paragraph (1); the same applies hereinafter) has been granted or for the refugee travel document of a person who has been issued a document pursuant to the provisions of Article 61-2-15, paragraph (1).
本邦に上陸しようとする外国人(乗員を除く。以下この節において同じ。)は、有効な旅券で日本国領事官等の査証を受けたものを所持しなければならない。ただし、国際約束若しくは日本国政府が外国政府に対して行つた通告により日本国領事官等の査証を必要としないこととされている外国人の旅券、第二十六条第一項の規定により再入国の許可を受けている者(第二十六条の二第一項又は第二十六条の三第一項の規定により再入国の許可を受けたものとみなされる者を含む。以下同じ。)の旅券又は第六十一条の二の十五第一項の規定により難民旅行証明書の交付を受けている者の当該証明書には、日本国領事官等の査証を要しない。
The foreign national set forth in the main clause of the preceding paragraph must apply for landing with an immigration inspector at the port of entry or departure in which the national seeks to land and undergo an examination for landing in accordance with the procedures provided for by Ministry of Justice Order.
A foreign national who seeks to apply for landing as set forth in the preceding paragraph must provide an immigration inspector with personal identification information (fingerprints, photographs or other information as provided for by Ministry of Justice Order that serves to identify the individual; the same applies hereinafter) by an electronic or magnetic means for use by a computer as provided for by Ministry of Justice Order which is utilized for personal identification of the applicant, pursuant to the provisions of Ministry of Justice Order; provided, however, that this does not apply to a person who falls under any of the following items:
a special permanent resident provided for by the Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan (Act No. 71 of 1991; hereinafter referred to as the "Special Act") (hereinafter referred to as "special permanent resident");
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(平成三年法律第七十一号。以下「特例法」という。)に定める特別永住者(以下「特別永住者」という。)
a person who is under 16 years of age;
十六歳に満たない者
a person who seeks to engage in Japan in an activity set forth in the right-hand column under "Diplomat" or "Official" of (1) of the Appended Table I;
本邦において別表第一の一の表の外交の項又は公用の項の下欄に掲げる活動を行おうとする者
a person who is invited by the head of a national administrative organ; or
国の行政機関の長が招へいする者
a person provided for by Ministry of Justice Order as equivalent to a person set forth in the two preceding items.
前二号に掲げる者に準ずる者として法務省令で定めるもの
Article 7An Examination by an Immigration Inspector
第七条(入国審査官の審査)
If the application set forth in paragraph (2) of the preceding Article is filed, an immigration inspector must conduct an examination on whether or not the foreign national conforms to each of the following conditions for landing in Japan (regarding a person who has been granted re-entry permission pursuant to the provisions of Article 26, paragraph (1) or a person who possesses a refugee travel document issued pursuant to the provisions of Article 61-2-15, paragraph (1), only the conditions set forth in the following items (i) and (iv)):
the passport possessed by the foreign national and the visa affixed thereto must be valid, when a visa is required;
その所持する旅券及び、査証を必要とする場合には、これに与えられた査証が有効であること。
the activities stated in the application to be conducted while in Japan are not false, and fall under either of the activities set forth in the right-hand column of the Appended Table I (excluding activities set forth in item (ii) of the right-hand column under "Highly Skilled Professional"; regarding the activities set forth in the right-hand column of Appended Table I (5), limited to the activities designated by the Minister of Justice in public notice in advance), or the activities of a person with a status or position set forth in the right-hand column of the Appended Table II (excluding the position set forth in the right-hand column under "Permanent Resident"; regarding the position set forth under "Long-Term Resident," limited to a position designated by the Minister of Justice in public notice in advance), and regarding those who intend to engage in activities set forth in the right-hand column of the Appended Table I (2) and (4), the activities are to conform to the conditions provided for by Ministry of Justice Order in taking into account the impact on Japanese industry and public welfare (regarding foreign nationals who intend to engage in the activities set forth in item (i) of the right-hand column of "Specified Skilled Worker" of the Appended Table I(2), including cases in which the support plan for specified skilled workers (i) conforms to the provisions of Article 2-5, paragraph (6) and paragraph (7));
申請に係る本邦において行おうとする活動が虚偽のものでなく、別表第一の下欄に掲げる活動(二の表の高度専門職の項の下欄第二号に掲げる活動を除き、五の表の下欄に掲げる活動については、法務大臣があらかじめ告示をもつて定める活動に限る。)又は別表第二の下欄に掲げる身分若しくは地位(永住者の項の下欄に掲げる地位を除き、定住者の項の下欄に掲げる地位については、法務大臣があらかじめ告示をもつて定めるものに限る。)を有する者としての活動のいずれかに該当し、かつ、別表第一の二の表及び四の表の下欄に掲げる活動を行おうとする者については我が国の産業及び国民生活に与える影響その他の事情を勘案して法務省令で定める基準に適合すること(別表第一の二の表の特定技能の項の下欄第一号に掲げる活動を行おうとする外国人については、一号特定技能外国人支援計画が第二条の五第六項及び第七項の規定に適合するものであることを含む。)。
the period of stay stated in the application must conform to the provisions of Ministry of Justice Order pursuant to the provisions of Article 2-2, paragraph (3); or
the foreign national must not fall under any of the items of Article 5, paragraph (1) (in the case of a foreign national for whom the provisions of Article 5-2 are to be applied, due to the specific grounds prescribed in the same Article, the foreign national falls under items (iv), (v), (vii), (ix) or (ix)-2 of the same paragraph, and the foreign national does not fall under any of the items of the same paragraph due to grounds other than the specified grounds; the same applies hereinafter).
The foreign national subject to the examination set forth in the preceding paragraph must themselves prove that they conform to the conditions for landing prescribed therein.In this case, a foreign national who seeks to engage in an activity set forth in item (i), sub-items (a) through (c) in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2) or items (i) or (ii) of the right-hand column of "Specified Skilled Worker" in the same Table must use the certificate of eligibility as provided for in paragraph (1) of the following Article to prove that they conform to the conditions set forth in item (ii) of the preceding paragraph.
The Minister of Justice is to consult with the heads of the related administrative organs in advance when prescribing the Ministry of Justice Order set forth in paragraph (1), item (ii).
法務大臣は、第一項第二号の法務省令を定めようとするときは、あらかじめ、関係行政機関の長と協議するものとする。
Notwithstanding the provisions of paragraph (1), if an immigration inspector acknowledges a foreign national who does not fall under any item of paragraph (3) of the preceding Article and the foreign national fails to provide personal identification information pursuant to the provisions of the same paragraph, the officer must transfer the foreign national to a special inquiry officer for conducting a hearing pursuant to the provisions of Article 10.
Article 7-2Certificate of Eligibility
第七条の二(在留資格認定証明書)
Upon receiving an advance application from a foreign national seeking to land in Japan (except for those who seek to engage in the activities set forth in the right-hand column corresponding to "Temporary Visitor" specified in Appended Table I (3)), the Minister of Justice, pursuant to the provisions of Ministry of Justice Order, may issue a certificate (hereinafter referred to as "certificate of eligibility") stating that the foreign national conforms to the conditions set forth in Article 7, paragraph (1), item (ii).
The application as set forth in the preceding paragraph may be made by a staff member of the organization that will accept the foreign national, or by other persons prescribed by the Ministry of Justice Order to act as an agent.
If the head of the administrative organ with jurisdiction over the specified industrial field (meaning the "specified industrial fields" provided for in item (i) of the right-hand column under "Specified Skilled Worker" of the Appended Table I (2); hereinafter the same applies in this paragraph and Article 20, paragraph (1)) finds that the necessary human resources in a specified industrial field have been secured based on the field-specific operation policy pertaining to the specified industrial field, the head is to make a request to the Minister of Justice to take measures to temporarily suspend the issuance of certificates of eligibility.
If a request has been made pursuant to the provisions of the preceding paragraph, the Minister of Justice is to take measures to temporarily suspend the issuance of certificates of eligibility based on the field-specific operation policy.
The provisions of the preceding two paragraphs apply mutatis mutandis to cases in which measures to recommence the issuance of certificates of eligibility are taken if measures to temporarily suspend the issuance of certificates of eligibility have been taken.In this case, the term "have been secured" in paragraph (3) is replaced with "are experiencing a shortage", and the term "is to" is replaced with "may" in the preceding two paragraphs.
Article 8Boarding on a Vessel or Aircraft
第八条(船舶等への乗込)
An immigration inspector may, when conducting an examination set forth in Article 7, paragraph (1), board a vessel or aircraft.
Article 9Seal of Verification for Landing
第九条(上陸許可の証印)
If, as a result of the examination, an immigration inspector finds that a foreign national conforms to the conditions for landing prescribed in Article 7, paragraph (1), the inspector must affix a seal of verification for landing permission to the passport of the foreign national..
In the case referred to in the preceding paragraph, the determination of whether the foreign national falls under Article 5, paragraph (1), item (i) or (ii) must be made subject to a medical examination by a physician designated by the Minister of Health, Labour and Welfare or by the Commissioner of the Immigration Services Agency.
The immigration inspector, when affixing the seal set forth in paragraph (1), must decide the status of residence and period of stay of the foreign national and clearly state that fact in their passport; provided, however, that this does not apply in cases of a person who has been granted re-entry permission pursuant to the provisions of Article 26, paragraph (1), or a person who possesses a refugee travel document issued pursuant to the provisions of Article 61-2-15, paragraph (1).
If an immigration inspector has found that a foreign national who falls under all of the following items conforms to the conditions for landing prescribed in Article 7, paragraph (1), the inspector may record the foreign national's name, date of landing, the port of entry or departure at which the foreign national lands and other information as provided by Ministry of Justice Order in a file kept on a computer as provided for by Ministry of Justice Order to be used as a record and in lieu of the seal of verification for landing.In this case, notwithstanding the provisions of paragraph (1) of this Article, the immigration inspector does not have to affix the seal of verification set forth in the same paragraph:
the foreign national has received the registration set forth in paragraph (8) (for those persons who are registered as falling under item (i), sub-item (c) of the same paragraph, limited to those who possess a registered user card issued pursuant to the provisions of paragraph (1) or (8) of the following Article); and
the foreign national has provided personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order in applying for landing.
If the immigration inspector records the prescribed data pursuant to the provisions of the preceding paragraph for a foreign national possessing a registered user card issued pursuant to the provisions of paragraph (1) or paragraph (8) of the following Article, the immigration inspector must clearly state that fact in the registered user card.
Except for cases in which a seal of verification for landing is affixed pursuant to the provisions of paragraph (1) or in which the prescribed information is recorded pursuant to the provisions of paragraph (4), the immigration inspector must transfer the foreign national to a special inquiry officer for conducting a hearing pursuant to the provisions of Article 10.
Except for cases in which there are special provisions in Section 4, a foreign national must not land unless they have had a seal of verification for landing affixed to their passport pursuant to the provisions of paragraph (1) of this Article, Article 10, paragraph (8), or Article 11, paragraph (4), or in which they have had their prescribed information recorded pursuant to the provisions of paragraph (4) of this Article.
If a foreign national residing in Japan seeks to depart from Japan with the intention of re-entering Japan and falls under all of the following items (except for item (iii) in the case of a special permanent resident) and wishes to have their prescribed information recorded pursuant to the provisions of paragraph (4) of this Article at the port of entry or departure at which the foreign national lands, the Commissioner of the Immigration Services Agency may register that fact pursuant to the provisions of Ministry of Justice Order.
a person who falls under any of the following sub-items (a) to (c):
次のイからハまでのいずれかに該当する者であること。
a person who has received re-entry permission pursuant to the provisions of Article 26, paragraph (1);
第二十六条第一項の規定により再入国の許可を受けている者
a person who possesses a refugee travel document issued pursuant to the provisions of Article 61-2-15, paragraph (1);
第六十一条の二の十五第一項の規定により交付を受けた難民旅行証明書を所持している者
a person who falls under all of the following (1) to (4):
次の(1)から(4)までのいずれにも該当する者
the person is a person who, upon landing in Japan again, seeks to engage in the activities set forth in the right-hand column under "Temporary Visitor" of Appended Table I (3) while in Japan (excluding a person who falls under sub-item (a));
本邦に再び上陸するに当たり、本邦において別表第一の三の表の短期滞在の項の下欄に掲げる活動を行おうとする者であること(イに該当する者を除く。)。
the number of times the person has received a seal of verification for landing pursuant to the provisions of paragraph (1), Article 10, paragraph (8) or Article 11, paragraph (4), or a recording pursuant to the provisions of paragraph (4), is equal to or greater than the number provided for by Ministry of Justice Order;
the person has no past record of being deported from Japan, or of departing from Japan under a departure order pursuant to the provisions of Article 55-85, paragraph (1); and
過去に本邦からの退去を強制されたこと又は第五十五条の八十五第一項の規定による出国命令により出国したことがないこと。
the person meets the other requirements provided for by Ministry of Justice Order as necessary for impartial control over immigration.
その他出入国の公正な管理に必要なものとして法務省令で定める要件に該当する者であること。
the foreign national has provided personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order; and
the foreign national does not fall under any of the items of Article 5, paragraph (1) at the time of registration.
当該登録の時において、第五条第一項各号のいずれにも該当しないこと。
Article 9-2Registered User Card
第九条の二(特定登録者カード)
If the Commissioner of the Immigration Services Agency registers the prescribed information on a foreign national who falls under Article (8), item (i), sub-item (c) of the preceding Article pursuant to the provisions of the same paragraph, the Commissioner is to have an immigration inspector issue a registered user card to the foreign national.
The information to be stated in the registered user card are the following:
特定登録者カードの記載事項は、次に掲げる事項とする。
name, date of birth, sex, country of nationality or the region provided for in Article 2, item (v), sub-item(b);
氏名、生年月日、性別及び国籍の属する国又は第二条第五号ロに規定する地域
the number, date of issuance and expiration date of the validity period, of the registered user card;
特定登録者カードの番号、交付年月日及び有効期間の満了の日
In accordance with the provisions of Ministry of Justice Order, the registered user card is to display a photograph of the foreign national registered pursuant to the provisions of paragraph (8) of the preceding Article.In this case, the Commissioner of the Immigration Services Agency may use the photograph that was provided by the foreign national pursuant to the provisions of Article 6, paragraph (3) and other provisions of the laws and regulations prescribed by Ministry of Justice Order.
Beyond what is provided for in the preceding two paragraphs, the format of the registered user card, the particulars to be stated in the registered user card and other necessary particulars regarding the registered user card are to be provided for by Ministry of Justice Order.
前二項に規定するもののほか、特定登録者カードの様式その他特定登録者カードについて必要な事項は、法務省令で定める。
The Commissioner of the Immigration Services Agency may record all or a part of the particulars set forth in the items of paragraph (2) and the information which is to be indicated pursuant to the provisions of the paragraph (3) on the registered user card in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order.
The validity period of a registered user card is to be until the date on which three years have passed since the day of issuance or the expiration date of the passport possessed by the foreign national who was issued the registered user card, whichever comes earlier.
A foreign national who has been issued with a registered user card may apply to the Commissioner of the Immigration Services Agency for reissuance of the registered user card through the procedures specified in Ministry of Justice Order if the case falls under any of the following items:
特定登録者カードの交付を受けた外国人は、次の各号のいずれかに該当するときは、法務省令で定める手続により、出入国在留管理庁長官に対し、特定登録者カードの再交付を申請することができる。
the foreign national no longer has the registered user card in their possession due to loss, theft, destruction or other grounds; or
紛失、盗難、滅失その他の事由により特定登録者カードの所持を失つたとき。
the registered user card has been noticeably damaged or soiled, or if the record pursuant to the provisions of paragraph (5) has been damaged.
特定登録者カードが著しく毀損し、若しくは汚損し、又は第五項の規定による記録が毀損したとき。
The Commissioner of the Immigration Services Agency is to have an immigration inspector issue a new registered user card to the foreign national if an application has been filed pursuant to the provisions of the preceding paragraph. With regard to the application of the provisions of paragraph (6) in this case, "the date of issuance" in the same paragraph is replaced with "the date of issuance of the registered user card pursuant to the provisions of paragraph (1) with regard to foreign nationals issued with a registered user card" and "the foreign national who was issued with a registered user card" is replaced with "the foreign national".
Section 2 Hearing and Filing of an Objection
第二節 口頭審理及び異議の申出
第十条(口頭審理)
If a foreign national is transferred to a special inquiry officer pursuant to the provisions of Article 7, paragraph (4) or Article 9, paragraph (6), the special inquiry officer must promptly conduct an oral hearing for the foreign national.
If the special inquiry officer conducts an oral hearing, its record must be prepared.
特別審理官は、口頭審理を行つた場合には、口頭審理に関する記録を作成しなければならない。
The foreign national or an agent appearing upon their request may, in the course of the oral hearing, produce evidence and interrogate witnesses.
当該外国人又はその者の出頭させる代理人は、口頭審理に当つて、証拠を提出し、及び証人を尋問することができる。
The foreign national may have the attendance of one of their relatives or acquaintances with the permission of the special inquiry officer.
The special inquiry officer may, ex officio or upon the request of the foreign national, order the appearance of witnesses, put them under oath and seek testimony in accordance with the procedures provided for by Ministry of Justice Order.
The special inquiry officer may make inquiries to public offices or to public or private organizations and request necessary facts to be reported, if necessary for the oral hearing.
特別審理官は、口頭審理に関し必要がある場合には、公務所又は公私の団体に照会して必要な事項の報告を求めることができる。
If the special inquiry officer finds, as a result of the hearing, that the foreign national who has been transferred to the officer pursuant to the provisions of Article 7, paragraph (4) does not fall under any of the items of paragraph (3) of Article 6, the officer is to promptly notify the foreign national of their findings and order the foreign national to depart Japan, and must also inform the captain of the vessel or aircraft or the aircraft who operates the vessel or aircraft by which the foreign national arrived; provided, however, that this does not apply if the foreign national provides the special inquiry officer with personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order.
If the special inquiry officer finds, as a result of the oral hearing, that the foreign national (in the case of a foreign national who has been transferred to the officer pursuant to the provisions of Article 7, paragraph (4), this only applies to a foreign national who the special inquiry officer finds to under any item of Article 6, paragraph (3) or to a foreign national who provides the special inquiry officer with personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order; hereinafter the same applies in paragraph (10)) conforms to the conditions for landing as prescribed in Article 7, paragraph (1), the special inquiry officer must immediately affix the seal of verification for landing to the foreign national's passport.
The provisions of Article 9, paragraph (3) apply mutatis mutandis to the seal of verification for landing set forth in the preceding paragraph.
If the special inquiry officer finds, as a result of the oral hearing, that the foreign national does not conform to the conditions for landing prescribed in Article 7, paragraph (1), the officer is to promptly notify the foreign national of their findings and the reasons therefor, and must inform the foreign national that they may file an objection pursuant to the provisions of the following Article.
If the foreign national, upon receipt of the notice set forth in the preceding paragraph, accepts the findings set forth in the preceding paragraph, the special inquiry officer is to order the foreign national to depart from Japan after the foreign national has signed a statement that they will not file an objection, and must also inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the foreign national arrived to that effect.
Article 11Filing of an Objection
第十一条(異議の申出)
If a foreign national who has received the notice set forth in paragraph (10) of the preceding Article has an objection to the findings, the foreign national may file an objection with the Minister of Justice within 3 days from the receipt of the notice by submitting a document stating the grounds of complaint to the supervising immigration inspector in accordance with the procedures provided for by Ministry of Justice Order.
If the objection set forth in the preceding paragraph is filed, the supervising immigration inspector must submit to the Minister of Justice the records of the hearing as set forth in paragraph (2) of the preceding Article and other pertinent documents.
If the Minister of Justice has received the objection pursuant to the provisions of paragraph (1), the Minister must decide whether or not the objection is within reason and notify the supervising immigration inspector of the decision.
The supervising immigration inspector, upon receiving a notice of decision from the Minister of Justice to the effect that the objection is within reason, must immediately affix the seal of verification for landing to the foreign national's passport.
The provisions of Article 9, paragraph (3) apply mutatis mutandis to the case of affixing the seal of verification for landing set forth in the preceding paragraph.
If the supervising immigration inspector has received a notice from the Minister of Justice regarding a decision to the effect that the objection is unreasonable, the Inspector must promptly inform the foreign national of the decision and order them to depart from Japan, and also inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the foreign national arrived to that effect.
Article 12Special Cases of Decisions by the Minister of Justice
第十二条(法務大臣の裁決の特例)
In making a decision as set forth in paragraph (3) of the preceding Article, the Minister of Justice may grant special permission for landing to the foreign national if they fall under any of the following items, even if the Minister finds that the objection filed is unreasonable:
the foreign national has been granted re-entry permission;
再入国の許可を受けているとき。
the foreign national has entered Japan under the control of another person due to human trafficking; or
人身取引等により他人の支配下に置かれて本邦に入つたものであるとき。
the Minister of Justice finds that circumstances exist that warrant the granting of special permission for landing.
その他法務大臣が特別に上陸を許可すべき事情があると認めるとき。
Regarding the application of paragraph (4) of the preceding article, the permission set forth in the preceding paragraph is deemed as a decision to the effect that the filed objection was within reason.
Section 3 Provisional Landing and Other Related Particulars
第三節 仮上陸等
Article 13Permission for Provisional Landing
第十三条(仮上陸の許可)
If a supervising immigration inspector finds it specifically necessary during the process of the procedures for landing prescribed in this Chapter, the inspector may grant permission for provisional landing to a foreign national until completion of the procedures.
If the supervising immigration inspector grants the permission set forth in the preceding paragraph, the inspector must issue a provisional landing permit to the foreign national.
In granting the permission set forth in paragraph (1), the supervising immigration inspector may impose restrictions on the foreign national's place of residence and scope of activities, impose obligation to appear upon receiving summons, and other conditions found necessary pursuant to the provisions of Ministry of Justice Order, and have the foreign national pay a deposit for an amount provided for by Ministry of Justice Order not exceeding 2 million yen in Japanese currency or an equivalent amount in a foreign currency.
The deposit set forth in the preceding paragraph must be returned to the foreign national if the foreign national receives a seal of verification for landing pursuant to the provisions of Article 10, paragraph (8) or Article 11, paragraph (4), or if the foreign national is ordered to depart from Japan pursuant to the provisions of Article 10, paragraph (7) or (11) or Article 11, paragraph (6).
If the foreign national who has been granted the permission set forth in paragraph (1) has violated the conditions imposed pursuant to the provisions of paragraph (3), and if the foreign national has fled or failed to respond to a summons without legitimate grounds, the supervising immigration inspector is to confiscate the whole or a part of the deposit set forth in the same paragraph pursuant to the provisions of Ministry of Justice Order.
If the supervising immigration inspector has reasonable grounds to suspect that a foreign national who has been granted the permission set forth in paragraph (1) is likely to flee, the inspector may issue a written detention order and have the foreign national detained by an immigration control officer.
The provisions of Articles 40, 41 and Article 42, paragraph (1) apply mutatis mutandis to the detention pursuant to the provisions of the preceding paragraph.In this case, "the written detention order set forth in paragraph (1) of the preceding Article" in Article 40 is replaced with "the written detention order set forth in Article 13, paragraph (6)"; "the suspect" with "the foreign national granted permission for provisional landing"; and "the summary of the facts of the suspected offense" with "grounds for detention", respectively. In Article 41, paragraph (1), the passage, "is to be within 30 days; provided, however, if a supervising immigration inspector finds that there are compelling reasons, they may extend the period for an additional 30 days" is replaced with "for a period of time preceding the completion of procedures for landing provided for in Chapter III which the supervising immigration inspector finds to be necessary"; and in paragraph (3) of the same Article and Article 42, paragraph (1), "a suspect" is deemed to be replaced with "a foreign national granted permission for provisional landing."
第四十条から第四十二条第一項までの規定は、前項の規定による収容に準用する。この場合において、第四十条中「前条第一項の収容令書」とあるのは「第十三条第六項の収容令書」と、「容疑者」とあるのは「仮上陸の許可を受けた外国人」と、「容疑事実の要旨」とあるのは「収容すべき事由」と、第四十一条第一項中「三十日以内とする。但し、主任審査官は、やむを得ない事由があると認めるときは、三十日を限り延長することができる。」とあるのは「第三章に規定する上陸の手続が完了するまでの間において、主任審査官が必要と認める期間とする。」と、同条第三項及び第四十二条第一項中「容疑者」とあるのは「仮上陸の許可を受けた外国人」と読み替えるものとする。
Article 13-2Place of Stay for a Foreign National given an Exclusion Order
第十三条の二(退去命令を受けた者がとどまることができる場所)
In the event that a special inquiry officer or a supervising immigration inspector orders exclusion pursuant to the provisions of Article 10, paragraph (7) or (11) or Article 11, paragraph (6) respectively, if they find that the foreign national cannot immediately depart from Japan due to the operating schedule of the vessel or aircraft or for other reasons not attributable to the foreign national, the special inquiry officer or the supervising immigration inspector may permit the foreign national to stay in a designated facility (limited to a facility provided for by Ministry of Justice Order) in the vicinity of the port of entry or departure for a designated period, pursuant to the provisions of Ministry of Justice Order.
The special inquiry officer or the supervising immigration inspector, when they designate the facility and the period set forth in the preceding paragraph, must inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the foreign national arrived to that effect.
Section 4 Special Cases of Landing
第四節 上陸の特例
Article 14Permission for Landing at a Port of Call
第十四条(寄港地上陸の許可)
An immigration inspector may grant a foreign national (except for crew members) aboard a vessel or aircraft permission for landing at a port of call if the foreign national seeks to go to an area outside of Japan via Japan and wishes to land and stay for not more than 72 hours in an area in the vicinity of the port of entry or departure upon an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft; provided, however, that this does not apply to a foreign national who falls under any of the items of Article 5, paragraph (1) (this excludes the case in which the provisions of Article 5-2 apply to a foreign national who falls under any of the items of Article 5, paragraph (1) based on the specific grounds set forth in Article 5-2 and no other grounds; the same applies hereinafter).
If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding paragraph, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1), the immigration inspector must affix a seal of verification for landing at the port of call in the passport possessed by the foreign national.
In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the foreign national's period of landing, scope of activities and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.
Article 14-2Landing Permission for Cruise Ship Tourists
第十四条の二(船舶観光上陸の許可)
An immigration inspector may grant a foreign national (except for crew members) aboard a designated passenger ship (a passenger ship in service on a route between Japan and an area outside of Japan which is designated by the Commissioner of the Immigration Services Agency taking into account the fact that measures of verifying the identity of the passengers are appropriately taken and other circumstances; the same applies hereinafter) landing permission for cruise ship tourists upon an application by the captain of the designated passenger ship or the carrier who operates the designated passenger ship, in accordance with the procedures provided for by Ministry of Justice Order, if the foreign national wishes to land and stay for no more than 30 days (7 days for foreign nationals aboard a designated passenger ship in service on a route in which the number of ports of call within Japan is one) until the time of departure from Japan, for the purpose of sightseeing while the designated passenger ship is in Japan, on the condition that the foreign national returns to the ship by the time the designated passenger ship is to depart from the port of entry or departure for each occasion they disembark from the ship at a Japanese port of entry or departure at which the designated passenger ship makes a port of call.
入国審査官は、指定旅客船(本邦と本邦外の地域との間の航路に就航する旅客船であつて、乗客の本人確認の措置が的確に行われていることその他の事情を勘案して出入国在留管理庁長官が指定するものをいう。以下同じ。)に乗つている外国人(乗員を除く。)が、当該指定旅客船が本邦にある間、観光のため、当該指定旅客船が寄港する本邦の出入国港において下船する都度当該出入国港から当該指定旅客船が出港するまでの間に帰船することを条件として、出国するまでの間三十日(本邦内の寄港地の数が一である航路に就航する指定旅客船に乗つている外国人にあつては、七日)を超えない範囲内で上陸することを希望する場合において、法務省令で定める手続により、その者につき、当該指定旅客船の船長又は当該指定旅客船を運航する運送業者の申請があつたときは、当該外国人に対し船舶観光上陸を許可することができる。
An immigration inspector may, on finding it to be appropriate, grant a foreign national (except for crew members) aboard a designated passenger ship, landing permission for cruise ship tourists upon an application by the captain of the designated passenger ship or the carrier who operates the designated passenger ship, in accordance with the procedures provided for by Ministry of Justice Order, if the foreign national wishes to land on multiple occasions and stay within 30 days for the purpose of sightseeing while the designated passenger ship is in Japan, on the condition that the foreign national returns to the ship by the time the designated passenger ship is to depart from the port of entry or departure for each occasion they disembark from the ship at a Japanese port of entry or departure at which the designated passenger ship makes a port of call.
If an immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding two paragraphs, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a landing permit for cruise ship tourists to the foreign national.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector may impose restrictions on the foreign national's period of landing, scope of activities and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.
The provisions of the proviso to paragraph (1) of the preceding Article apply mutatis mutandis to the cases referred to in paragraphs (1) and (2).
If the foreign national who has been granted the permission set forth in paragraph (2) seeks to land based on this permission, when the immigration inspector finds it necessary, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In the case the foreign national who has been granted the permission set forth in paragraph (2) intends to land based on the permission, if the immigration inspector learns that the foreign national falls under any of the items of Article 5, paragraph (1), the inspector is to immediately cancel the permission.
Except as provided for in the preceding paragraph, an immigration inspector may cancel the permission, in accordance with the procedures provided for by Ministry of Justice Order, if the inspector finds it inappropriate to continue to grant the permission to the foreign national who has been granted the permission set forth in paragraph (2).In this case, if the foreign national is in Japan, the officer is to designate a period necessary for the foreign national to depart from Japan.
Article 15Permission for Landing in Transit
第十五条(通過上陸の許可)
An immigration inspector may grant a foreign national (except for crew members) aboard a vessel permission for landing in transit upon application by the captain of the vessel or the carrier who operates the vessel, if the foreign national wishes to land temporarily for the purpose of sightseeing while the vessel is in Japan, and to return to the vessel at another port of entry or departure at which the vessel is scheduled to call.
An immigration inspector, upon application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft, may grant a foreign national (except for crew members) aboard the vessel or aircraft permission for landing in transit if the foreign national wishes to go to an area outside of Japan via Japan and to depart from Japan within 3 days of their entry into Japan from another port of entry or departure in the vicinity of the port at which the foreign national entered Japan on board a vessel or aircraft other than the one on which the foreign national arrived in Japan.
If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding two paragraphs, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector must affix a seal of verification for landing in transit to the passport possessed by the foreign national.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector may impose restrictions on the foreign national's period of landing, transit route and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.
The provisions of the proviso to paragraph (1) of Article 14 apply mutatis mutandis to the cases referred to in paragraphs (1) and (2) of this Article.
Article 16Landing Permission for Crew Members
第十六条(乗員上陸の許可)
An immigration inspector may grant landing permission to crew members who are foreigners (including those who become crew members in Japan; hereinafter the same applies in this Article) who wish to land for a period not exceeding 15 days for the purpose of transferring to another vessel or aircraft (including the boarding of a vessel or aircraft), rest, shopping or other similar purposes upon application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft (including the vessel or aircraft they are to board) in accordance with the procedures provided for by Ministry of Justice Order.
An immigration inspector may grant landing permission to crew members who fall under any of the following items, if it is found appropriate to do so:
in case a foreign crew member of a vessel in regular service between Japan and other countries or of other vessels that frequently enter Japanese ports of entry and departure wishes to land in Japan for rest, shopping or other similar purposes on multiple occasions for a period within 1 year from the date of permission, upon application by the captain of the vessel or the carrier who operates the vessel on which the foreign crew member is aboard, in accordance with the procedures provided for by Ministry of Justice Order; or
in case a foreign crew member of an aircraft in regular service between Japan and other countries wishes to land in Japan for a period not exceeding fifteen days from each arrival date for rest, shopping or other similar purposes and to depart from the same port of entry or departure as a crew member of an aircraft belonging to the same carrier on multiple occasions within 1 year from the date of permission, upon application by the carrier, in accordance with the procedures provided for by Ministry of Justice Order.
If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding two paragraphs, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a crew member's landing permit to the crew member.
In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the crew member's period of landing, scope of activities (including the route to be taken in transit) and other conditions found necessary, pursuant to the provisions of Ministry of Justice Order.
The provisions of the proviso to Article 14, paragraph (1), apply mutatis mutandis to the cases referred to in paragraphs (1) and (2) of this Article.
If the crew member who has been granted the permission set forth in paragraph (2) of this Article seeks to land based on that permission, the immigration inspector may, if found necessary, require the crew member to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In the case the crew member who has been granted the permission set forth in paragraph (2) intends to land based on that permission, and if the immigration inspector learns that the crew member falls under any of the items of Article 5, paragraph (1), the inspector is to immediately cancel the permission.
Except as provided for in the preceding paragraph, the immigration inspector may cancel the permission, in accordance with the procedures provided for by Ministry of Justice Order, if the inspector finds it inappropriate to continue to grant the permission.In this case, if the crew member is in Japan, the inspector is to designate a period necessary for the crew member to return to their ship or depart from Japan.
Article 17Permission for Emergency Landing
第十七条(緊急上陸の許可)
In the case of disease or any other accident which requires emergency landing of a foreign national aboard a vessel or aircraft for the purpose of medical treatment, an immigration inspector may grant permission for emergency landing to the foreign national based on an application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft until the grounds cease to exist, subject to a medical examination by a physician designated by the Minister of Health, Labour and Welfare or the Commissioner of the Immigration Services Agency.
If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding paragraph, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1), the immigration inspector must issue an emergency landing permit to the foreign national.
If the permission set forth in paragraph (1) is granted, the captain of the vessel or aircraft or the carrier set forth in the same paragraph must pay the living expenses, medical treatment expenses, and funeral expenses and any other expenses incurred during the emergency landing period for the person granted emergency landing permission.
Article 18Landing Permission Due to Distress
第十八条(遭難による上陸の許可)
If a vessel or aircraft is in distress and an immigration inspector finds it necessary for the rescue and protection of foreign national on board the vessel or aircraft or for any other urgent necessity, the inspector may grant the foreign national, landing permission due to distress based on an application by the mayor of the city, town or village who gives aid to the victims pursuant to the provisions of the Sea Casualties Rescue Act (Act No. 95 of 1899), on an application by the captain of a vessel or aircraft who gave aid to the foreign national, or the captain of the vessel or aircraft in distress or the carrier who operates the vessel or aircraft.
The immigration inspector is to immediately grant permission for landing due to distress, notwithstanding the provisions of the preceding paragraph, if the foreign national set forth in the preceding paragraph has been transferred by a police officer or a coast guard officer.
If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in paragraph (1) of this Article, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order. The same applies if the inspector finds it necessary when the foreign national is handed over pursuant to the provisions of the preceding paragraph.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a landing permit due to distress to the foreign national.
In granting the permission set forth in paragraph (1) or paragraph (2), the immigration inspector may impose restrictions on the foreign national's period of landing, scope of activities and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.
Article 18-2Landing Permission for Temporary Refuge
第十八条の二(一時庇護のための上陸の許可)
An immigration inspector may grant landing permission for temporary refuge upon an application by a foreign national aboard a vessel or aircraft who is considered to fall under all of the following items:
a person who falls under either of the following sub-items (a) or (b):
次のイ又はロのいずれかに該当する者であること。
a person who has entered Japan for the reasons prescribed in Article 1, paragraph A-(2) of the Refugee Convention or other reasons equivalent thereto after fleeing from a territory where their life, body or physical freedom were threatened;
a person who has entered Japan after fleeing from a territory where they were likely to be persecuted (excluding a person set forth in sub-item (a)); and
その者が迫害を受けるおそれのあつた領域から逃れて、本邦に入つた者であること(イに掲げる者を除く。)。
it would be appropriate to grant temporary landing permission to the person.
その者を一時的に上陸させることが相当であること。
If the immigration inspector finds it necessary for an examination pertaining to the permission pursuant to the provisions of the preceding paragraph, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In granting the permission pursuant to the provisions of paragraph (1), the immigration inspector must issue a landing permit for temporary refuge to the foreign national.
In granting the permission pursuant to the provisions of paragraph (1), the immigration inspector may impose restrictions on the foreign national's period of landing, place of residence, scope of activities and other conditions found necessary, pursuant to the provisions of Ministry of Justice Order.