Article 364Method of Collection of Fixed Assets Tax, etc.
第三百六十四条(固定資産税の徴収の方法等)
Fixed assets tax must be collected by the method of ordinary collection.
固定資産税の徴収については、普通徴収の方法によらなければならない。
The tax base amount to be stated in the tax notice delivered to a taxpayer when fixed assets tax is to be collected is the value of land, houses and depreciable assets and the total of those values.
When a municipality is to collect fixed assets tax imposed on land or houses, it must, as provided by Order of the Ministry of Internal Affairs and Communications, deliver to the taxpayer a document stating the matters specified in each of the following items according to the category of fixed assets tax set out in the relevant item (hereinafter referred to as "tax details statement").
市町村は、土地又は家屋に対して課する固定資産税を徴収しようとする場合には、総務省令で定めるところにより、次の各号に掲げる固定資産税の区分に応じ、当該各号に定める事項を記載した文書(以下「課税明細書」という。)を当該納税者に交付しなければならない。
Fixed assets tax imposed on land: the location, lot number, land category and area registered for the land in the land tax ledgers, etc., and the price relating to fixed assets tax for the relevant fiscal year
Fixed assets tax imposed on houses: the location, house number, type, structure and floor area registered for the house in the house tax ledger, etc., and the price relating to fixed assets tax for the relevant fiscal year
In addition to the matters specified in the items of the preceding paragraph, for land or houses to which Article 349-3 or Article 349-3-2 applies, a municipality must state in the tax details statement the amount obtained by multiplying the price of the land under paragraph (3), item (i), or the price of the house under item (ii) of that paragraph, by the rate prescribed in Article 349-3 or Article 349-3-2, respectively.
市町村は、前項各号に定める事項のほか、第三百四十九条の三又は第三百四十九条の三の二の規定の適用を受ける土地又は家屋については、当該土地の前項第一号の価格又は当該家屋の同項第二号の価格にそれぞれ第三百四十九条の三又は第三百四十九条の三の二の規定に定める率を乗じて得た金額を課税明細書に記載しなければならない。
With respect to fixed assets tax imposed on the fixed assets listed in the items of Article 389, paragraph (1) (excluding mobile depreciable assets or movable depreciable assets specified by Order of the Ministry of Internal Affairs and Communications), if the notice under Article 389, paragraph (1) concerning the fixed assets has not been given by the deadline for delivery of the tax notice under paragraph (2) because the person who is to make a report concerning the fixed assets under Article 394 did not report by the time limit prescribed in that Article, or for other unavoidable reasons, a municipality may collect the fixed assets tax for the fixed assets in each payment period, limited to fixed assets tax to be collected in the payment periods arriving up to the day on which the notice is given, within the range of the amount obtained by dividing, by the number of payment periods of the relevant fiscal year, the amount provisionally calculated with the price that was the tax base of fixed assets tax for the previous fiscal year for the fixed assets (for fixed assets to which Article 349-3, Article 349-3-2 or Article 349-3-4 applies, the amount obtained by multiplying the price of the fixed assets by the respective rates prescribed in those provisions, and for depreciable assets to which Article 349-4 or Article 349-5 applies, the amount that the municipality should have made the tax base of fixed assets tax for the previous fiscal year under those provisions; the same applies in paragraph (8), item (i)) as the tax base (hereinafter in this Article and paragraph (1) of the following Article referred to as "provisionally calculated tax"). However, the total of the amount that may be collected may not exceed an amount equivalent to one-half of the provisionally calculated tax.
市町村は、第三百八十九条第一項各号に掲げる固定資産(移動性償却資産又は可動性償却資産で総務省令で定めるものを除く。)に対して課する固定資産税については、当該固定資産について第三百九十四条の規定に基づいて申告すべき者が同条に規定する期限までに申告しなかつたことその他やむを得ない理由があることにより第二項の納税通知書の交付期限までに当該固定資産に係る第三百八十九条第一項の規定による通知が行われなかつた場合には、当該通知が行われる日までの間に到来する納期において徴収すべき固定資産税に限り、当該固定資産に係る前年度の固定資産税の課税標準である価格(第三百四十九条の三、第三百四十九条の三の二又は第三百四十九条の三の四の規定の適用を受ける固定資産にあつては、当該固定資産の価格にそれぞれこれらの規定に定める率を乗じて得た額とし、第三百四十九条の四又は第三百四十九条の五の規定の適用を受ける償却資産にあつては、これらの規定により当該市町村が前年度の固定資産税の課税標準とすべき額とする。第八項第一号において同じ。)を課税標準として仮に算定した額(以下この条及び次条第一項において「仮算定税額」という。)を当該年度の納期の数で除して得た額の範囲内において、当該固定資産に係る固定資産税をそれぞれの納期において徴収することができる。ただし、当該徴収することができる額の総額は、仮算定税額の二分の一に相当する額を超えることができない。
If, after assessing fixed assets tax under the preceding paragraph, notice under Article 389, paragraph (1) has been given and the fixed assets tax amount already assessed falls short of the fixed assets tax amount for the relevant fiscal year calculated on the basis of that notice (hereinafter in this paragraph and paragraph (8), item (ii) referred to as "finally computed tax amount"), a municipality must collect the shortfall in the payment period arriving on or after the day on which the notice was given, and if the fixed assets tax amount already collected exceeds the finally computed tax amount, must, in accordance with the rules of Article 17 or Article 17-2, refund the overpaid amount or appropriate it to the local government levies unpaid by the person liable for tax.
When a municipality collects fixed assets tax under paragraph (5), the tax notice delivered to the taxpayer must, notwithstanding paragraph (2), be delivered separately from the one for fixed assets other than the fixed assets referred to in paragraph (5). In this case, the fixed assets tax imposed on the fixed assets referred to in that paragraph and the fixed assets tax imposed on fixed assets other than those fixed assets are each regarded as a single local tax for the purpose of applying Article 20-4-2.
In the tax notice referred to in the preceding paragraph, the matters set out in the following items and other necessary matters must be stated as provided by Order of the Ministry of Internal Affairs and Communications.
That the tax base amount and tax amount of the fixed assets referred to in paragraph (5) stated in the tax notice are, respectively, the price that was the tax base of fixed assets tax for the previous fiscal year for those fixed assets and the tax amount provisionally calculated with that price as the tax base.
That, if the provisionally calculated tax already assessed falls short of the finally computed tax amount, the shortfall will be collected in the payment period arriving on or after the day on which notice under Article 389, paragraph (1) was given, and, if the provisionally calculated tax already collected exceeds the finally computed tax amount, the overpaid amount will be refunded or appropriated to the local government levies unpaid by the person liable for tax.
既に賦課した仮算定税額が本算定税額に満たない場合には、第三百八十九条第一項の規定による通知が行われた日以後の納期において、その不足税額を徴収し、既に徴収した仮算定税額が本算定税額を超える場合には、その過納額を還付し、又は当該納税義務者の未納に係る地方団体の徴収金に充当するものであること。
The tax notice referred to in paragraph (2) or (7) or the tax details statement referred to in paragraph (3) must be delivered to the taxpayer no later than 10 days before the due date for payment.
When assessing and collecting fixed assets tax, a municipality may assess and collect together the city planning tax relating to the taxpayer.
市町村は、固定資産税を賦課し、及び徴収する場合には、当該納税者に係る都市計画税を併せて賦課し、及び徴収することができる。
第三百六十四条の二(仮算定税額に係る固定資産税の修正の申出等)
If it is found that the fixed assets tax amount for the relevant fiscal year relating to the fixed assets referred to in Article 364, paragraph (5) would fall short of an amount equivalent to one-half of the provisionally calculated tax, the person who is to be charged fixed assets tax on those fixed assets under Article 364, paragraph (5) may, within 30 days from the day on which the person received delivery of the tax notice under Article 364, paragraph (7), apply to the mayor of the municipality to revise the fixed assets tax amount to be collected under Article 364, paragraph (5).
An application for revision under the preceding paragraph must be made in writing.
前項の規定による修正の申出は、文書をもつてしなければならない。
The decision of the mayor of the municipality on an application for revision under paragraph (1) must be made within 30 days from the day on which the application was accepted.
第一項の修正の申出に対する市町村長の決定は、その申出を受理した日から三十日以内にしなければならない。
A decision on an application for revision under paragraph (1) must be made in writing and delivered, with reasons attached, to the person who made the application. In this case, if it is found that there are reasonable grounds for the application, the mayor of the municipality must revise the fixed assets tax amount to be collected under Article 364, paragraph (5) on the basis of the estimated fixed assets tax amount for the relevant fiscal year for the fixed assets.
Where documents relating to an application for revision under paragraph (1) are submitted by mail or correspondence delivery, the number of days required for sending is not counted in calculating the period under paragraph (1).
A request for review may not be made against a decision under paragraph (3).
第三項の規定による決定については、審査請求をすることができない。
Article 365Payment of Fixed Assets Tax before the Payment Period
第三百六十五条(固定資産税に係る納期前の納付)
A taxpayer of fixed assets tax who intends to pay tax in an amount equivalent to the amount payable for a payment period that has arrived, out of the amounts payable stated in the tax notice, may also pay together tax in amounts equivalent to the amounts payable for payment periods after that payment period.
固定資産税の納税者は、納税通知書に記載された納付額のうち到来した納期に係る納付額に相当する金額の税金を納付しようとする場合においては、当該納期の後の納期に係る納付額に相当する金額の税金をあわせて納付することができる。
If a taxpayer of fixed assets tax has paid, under the preceding paragraph, tax in an amount equivalent to the amount payable for a payment period after that payment period, the municipality may grant to the taxpayer a monetary incentive in the amount specified by Municipal Ordinance of the municipality; provided, however, that this does not apply if there are local government levies unpaid by the taxpayer.
The amount of the monetary incentive under the preceding paragraph may not exceed the amount obtained by multiplying one percent of the amount of tax paid before the payment period under paragraph (1) by the number of months before the payment period (where there is a fraction of less than one month, a fraction of 14 days or less is to be discarded and a fraction of 15 days or more is to be counted as one month).
No English for this paragraph yet.
削除
Article 367Reduction or Exemption of Fixed Assets Tax
第三百六十七条(固定資産税の減免)
The mayor of a municipality may reduce or exempt fixed assets tax, as provided by Municipal Ordinance of the municipality, only for persons who are found to need a reduction or exemption of fixed assets tax in the case of a natural disaster or other special circumstances, persons who receive public or private assistance for living due to poverty, and other persons with special circumstances.
市町村長は、天災その他特別の事情がある場合において固定資産税の減免を必要とすると認める者、貧困に因り生活のため公私の扶助を受ける者その他特別の事情がある者に限り、当該市町村の条例の定めるところにより、固定資産税を減免することができる。
第三百六十八条(申請又は申告をしなかつたことによる固定資産税の不足税額及び延滞金の徴収)
If the mayor of the municipality discovers that there is a shortfall in the fixed assets tax amount for a person who is obliged to apply to a registry office for registration under the provisions of Article 36, Article 37, paragraph (1) or (2), Article 42, Article 47, paragraph (1), Article 51, paragraph (1) (excluding the part concerning a building for which there is a registration to the effect that it is a common element or a common element of a housing complex), (2) or (3), or Article 57 of the Real Property Registration Act, who is obliged to report to the mayor of the municipality or the prefectural governor under the provisions of Article 383 or Article 383 as applied mutatis mutandis in Article 745, paragraph (1), or who is obliged to report to the prefectural governor or the Minister for Internal Affairs and Communications under the provisions of Article 394, on the basis that the price of the fixed asset (meaning, for land and houses, the base-year price or the price that is to be based on comparison with that price under the proviso to Article 349, paragraph (2), the proviso to Article 349, paragraph (3), Article 349, paragraph (4), the proviso to Article 349, paragraph (5) or Article 349, paragraph (6) (hereinafter collectively referred to as "comparison-based price"), and for depreciable assets, the price on the assessment date; the same applies hereinafter) was determined or corrected under Article 417 or Article 743, paragraph (2) because that person did not make the application or report that the person should have made, or made a false application or report, the mayor must immediately collect additionally the portion of the shortfall that relates to the payment periods up to the day on which the determination was made (hereinafter in this Article referred to as "shortfall"). However, if the total of the shortfall and the fixed assets tax amount already collected by the mayor of the municipality would exceed the fixed assets tax amount on the amount that the municipality should make the tax base of fixed assets tax under Article 349-4 or Article 349-5, the shortfall that the mayor is to collect additionally is limited to the difference between the fixed assets tax amount already collected and the fixed assets tax amount on the amount that the municipality should make the tax base of fixed assets tax under Article 349-5.
市町村長は、不動産登記法第三十六条、第三十七条第一項若しくは第二項、第四十二条、第四十七条第一項、第五十一条第一項(共用部分である旨の登記又は団地共用部分である旨の登記がある建物の場合に係る部分を除く。)、第二項若しくは第三項若しくは第五十七条の規定によつて登記所に登記の申請をする義務がある者、第三百八十三条若しくは第七百四十五条第一項において準用する第三百八十三条の規定によつて市町村長若しくは道府県知事に申告をする義務がある者又は第三百九十四条の規定によつて道府県知事若しくは総務大臣に申告をする義務がある者がそのすべき申請又は申告をしなかつたこと又は虚偽の申請又は申告をしたことにより第四百十七条又は第七百四十三条第二項の規定によつて当該固定資産の価格(土地及び家屋にあつては基準年度の価格又は第三百四十九条第二項ただし書、第三項ただし書、第四項、第五項ただし書若しくは第六項の規定により当該価格に比準するものとされる価格(以下「比準価格」と総称する。)を、償却資産にあつては賦課期日における価格をいう。以下同様とする。)を決定し、又は修正したことに基づいてその者に係る固定資産税額に不足税額があることを発見した場合においては、直ちにその不足税額のうちその決定があつた日までの納期に係る分(以下本条において「不足税額」という。)を追徴しなければならない。ただし、不足税額と既に市町村長が徴収した固定資産税額との合計額が第三百四十九条の四又は第三百四十九条の五の規定によつて当該市町村が固定資産税の課税標準とすべき金額に対する固定資産税額を超えることとなる場合においては、当該市町村長が追徴すべき不足税額は、既に徴収した固定資産税額と同条の規定によつて当該市町村が固定資産税の課税標準とすべき金額に対する固定資産税額との差額を限度としなければならない。
In the case of the preceding paragraph, a municipal tax collection official must collect the shortfall with an amount of delinquency charge added that is equivalent to the amount calculated by multiplying the amount obtained by dividing the shortfall by the number of payment periods up to the day on which the determination was made by the rate of 14.6 percent per annum (7.3 percent per annum for the period until the day on which payment is to be made under the tax notice for the shortfall, or the period until the day on which one month has elapsed from the day following that day), according to the number of days in the period from the day following the due date for payment under Article 362 (where there has been an extension of the due date for payment, the extended due date for payment; the same applies hereinafter for fixed assets tax) to the day of payment.
If the mayor of the municipality finds that there are unavoidable grounds for the taxpayer having been charged the shortfall additionally under paragraph (1), the mayor may reduce or exempt the amount of delinquency charge referred to in the preceding paragraph.
Article 369Delinquency Charge on Fixed Assets Tax Paid after the Due Date for Payment
第三百六十九条(納期限後に納付する固定資産税の延滞金)
A taxpayer of fixed assets tax who pays the tax after the due date for payment under Article 362 must add to the tax amount, and pay, an amount of delinquency charge equivalent to the amount calculated by multiplying the tax amount by the rate of 14.6 percent per annum (7.3 percent per annum for the period until the day on which one month has elapsed from the day following that due date for payment), according to the number of days in the period from the day following the due date for payment to the day of payment.
固定資産税の納税者は、第三百六十二条の納期限後にその税金を納付する場合においては、当該税額に、その納期限の翌日から納付の日までの期間の日数に応じ、年十四・六パーセント(当該納期限の翌日から一月を経過する日までの期間については、年七・三パーセント)の割合を乗じて計算した金額に相当する延滞金額を加算して納付しなければならない。
If the mayor of the municipality finds that there are unavoidable grounds for the taxpayer not having paid by the due date for payment referred to in the preceding paragraph, the mayor may reduce or exempt the amount of delinquency charge referred to in that paragraph.
tax collection officialmachine translation
「徴税吏員」
A prefectural governor (道府県知事) or a prefectural employee the governor has delegated, or a mayor of a municipality (市町村長) or a municipal employee the mayor has delegated.
Defined inArticle 1, paragraph (1), item (iii)· applies throughout the law
local taxmachine translation
「地方税」
A prefectural tax or a municipal tax, as Article 1(1)(iv) of the Local Tax Act defines local tax.
Defined inArticle 1, paragraph (1), item (iv)· applies throughout the law
tax noticemachine translation
「納税通知書」
A document a local government draws up for local tax a taxpayer must pay, stating the Acts and the local government's ordinance (条例) provisions the tax is levied under, the taxpayer's address and name, the tax base, rate and amount, the payment periods and the amount due in each, where to pay, the steps that will be taken if the tax is not paid by the due date, and how to seek relief against the assessment.
Defined inArticle 1, paragraph (1), item (vi)· applies throughout the law
ordinary collectionmachine translation
「普通徴収」
Collecting a local tax by having a tax collection official (徴税吏員) deliver a tax notice (納税通知書) to the taxpayer.
Defined inArticle 1, paragraph (1), item (vii)· applies throughout the law
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
correspondence deliverymachine translation
「信書便」
Correspondence delivery (信書便) as defined in Article 2, paragraph 2 of the Act on Correspondence Delivery by Private Business Operators, carried out by a general correspondence delivery operator (一般信書便事業者) or specified correspondence delivery operator (特定信書便事業者) under that Act, which this law allows alongside the post for sending notices and documents.
Short name set inArticle 8, paragraph (5)
land tax ledgers, etc.machine translation
「土地課税台帳等」
The land tax ledger (土地課税台帳) or the supplementary land tax ledger (土地補充課税台帳), in which the value of land for fixed assets tax (固定資産税) is entered.
Short name set inArticle 349, paragraph (1)
base-year pricemachine translation
「基準年度の価格」
The value of a piece of land or a house on the assessment date (賦課期日) of a base fiscal year (基準年度), the year in which fixed assets are revalued every three years, as registered in the land or house tax ledger (課税台帳); it is the fixed assets tax (固定資産税) base for that year.
Short name set inArticle 349, paragraph (1)
house tax ledger, etc.machine translation
「家屋課税台帳等」
The house tax ledger (家屋課税台帳) or the supplementary house tax ledger (家屋補充課税台帳), in which houses and their values for fixed assets tax (固定資産税) are registered.
Short name set inArticle 349, paragraph (1)
pricemachine translation
「価格」
For land or a building (家屋), its price on the assessment date (賦課期日) of the base year (基準年度) registered in the land or building tax ledgers (土地課税台帳等, 家屋課税台帳等), or the price set by comparison with it under the provisos and paragraphs of Article 349 that Article 349-3, paragraph 9 lists; for depreciable assets (償却資産), its price on the assessment date registered in the depreciable assets tax ledger (償却資産課税台帳).
Defined inArticle 349-3, paragraph (9)
tax details statementmachine translation
「課税明細書」
The document a municipality must give a taxpayer when collecting fixed assets tax (固定資産税) on land or a building, stating what the tax register records: for land, its location, lot number, land category, area and value for the year's tax, and for a building, its location, building number, type, structure, floor area and value for the year's tax.
Short name set inArticle 364, paragraph (3)
provisionally calculated taxmachine translation
「仮算定税額」
Where the notice of the value of an asset listed in Article 389, paragraph 1 has not been given by the deadline for the tax notice because no return was filed or for another unavoidable reason, the fixed assets tax (固定資産税) on it calculated provisionally on its previous year's taxable price (multiplied by the rates of Articles 349-3, 349-3-2 or 349-3-4, or replaced by the amount of Articles 349-4 or 349-5, where those apply), of which the municipality may collect up to half in the instalments falling due before the notice is given.
Short name set inArticle 364, paragraph (5)· applies only in this article and in Article 364-2, paragraph (1)
finally computed tax amountmachine translation
「本算定税額」
In Article 364, paragraph 6 and paragraph 8, item 2, the year's fixed assets tax (固定資産税) on assets listed in Article 389, paragraph 1, computed on the basis of the notice under that paragraph given after the municipality levied the tax provisionally under Article 364, paragraph 5.
Short name set inArticle 364, paragraph (6)· applies only in this paragraph and in Article 364, paragraph (8), item (ii)
comparison-based pricemachine translation
「比準価格」
A collective name for, for land and houses, the value as of the assessment date of the base year (基準年度) or a value that the proviso to Article 349, paragraph 2, the proviso to paragraph 3, paragraph 4, the proviso to paragraph 5 or paragraph 6 treats as comparable to it.
Short name set inArticle 368, paragraph (1)
landmachine translation
「土地」
Rice paddies, upland fields, building land, salt fields, mineral spring sites (鉱泉地), ponds and marshes, forests, pastures, wilderness (原野) and any other land, for the special land holding tax (特別土地保有税).
Defined inArticle 585, paragraph (2)
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.