When engaging in the operations of Real Estate Brokerage, a real estate transaction specialist must, as an expert in dealings in Building Lots or buildings, perform the affairs provided for in this Act fairly and in good faith so as to contribute to the protection of the profits of buyers, etc. and to the smooth distribution of Building Lots or buildings, and must endeavor to cooperate with persons engaged in operations related to Real Estate Brokerage.
Article 15-2Prohibition of Acts Damaging Credibility
第十五条の二(信用失墜行為の禁止)
A real estate transaction specialist must not engage in any act that would damage the credibility or dignity of real estate transaction specialists.
宅地建物取引士は、宅地建物取引士の信用又は品位を害するような行為をしてはならない。
Article 15-3Maintenance and Improvement of Knowledge and Abilities
第十五条の三(知識及び能力の維持向上)
A real estate transaction specialist must endeavor to maintain and improve the knowledge and abilities necessary for the affairs pertaining to transactions involving Building Lots or buildings.
第十六条(試験)
A prefectural governor must administer a qualifications Examination for real estate transaction specialists (hereinafter referred to as "Examination") pursuant to the provisions of an Order of the Ministry of Land, Infrastructure, Transport and Tourism.
都道府県知事は、国土交通省令の定めるところにより、宅地建物取引士資格試験(以下「試験」という。)を行わなければならない。
An Examination is to be administered to test the required knowledge concerning Real Estate Brokerage.
A person who has obtained a registration with the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisions of Articles 17-3 through 17-5 (hereinafter referred to as "Registered Training Agency") and who has completed a course on training to be provided as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "Registered Training") is exempted from part of the Examination as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
第十七条の三から第十七条の五までの規定により国土交通大臣の登録を受けた者(以下「登録講習機関」という。)が国土交通省令で定めるところにより行う講習(以下「登録講習」という。)の課程を修了した者については、国土交通省令で定めるところにより、試験の一部を免除する。
第十六条の二(指定)
A prefectural governor may have a person designated by the Minister of Land, Infrastructure, Transport and Tourism engage in processes relating to the administration of an Examination (hereinafter referred to as "Examination Processes").
都道府県知事は、国土交通大臣の指定する者に、試験の実施に関する事務(以下「試験事務」という。)を行わせることができる。
The designation under the preceding paragraph is made through the application of a person intending to engage in Examination Processes.
A prefectural governor is not to engage in Examination Processes if a person designated by the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisions of paragraph (1) is to engage in Examination Processes.
Article 16-3Designation criteria
第十六条の三(指定の基準)
Unless the Minister of Land, Infrastructure, Transport and Tourism deems an application under paragraph (2) of the preceding article to be in compliance with the following items, said minister is not to make a designation under paragraph (1) of the same article:
a plan concerning the conducting of Examination Processes in terms of employees, equipment, the method by which Examination Processes is to be conducted, and other matters that are appropriate for the proper and reliable conducting of Examination Processes;
職員、設備、試験事務の実施の方法その他の事項についての試験事務の実施に関する計画が試験事務の適正かつ確実な実施のために適切なものであること。
the application possesses of financial and technical foundation necessary for the proper and reliable implementation of a plan concerning the conducting of Examination Processes as provided for in the preceding item;
there is no risk that the performance of duties other than those pertaining to Examination Processes by the applicant, where applicable, will lead to the unfair conducting of Examination Processes.
申請者が、試験事務以外の業務を行つている場合には、その業務を行うことによつて試験事務が不公正になるおそれがないこと。
If a person who has submitted an application under paragraph (2) of the preceding article falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism is not to make a designation under paragraph (1) of the same article:
a person who is not a general incorporated association or a general incorporated foundation;
一般社団法人又は一般財団法人以外の者であること。
a person who has been sentenced to a punishment after having contravened this Act and for whom two years have not yet passed since the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
この法律に違反して、刑に処せられ、その執行を終わり、又は執行を受けることがなくなつた日から起算して二年を経過しない者であること。
a person whose designation was rescinded pursuant to the provisions of Article 16-15, paragraph (1) or (2), and for whom two years have not yet passed from the date of said rescission;
第十六条の十五第一項又は第二項の規定により指定を取り消され、その取消しの日から起算して二年を経過しない者であること。
a person to which belongs an officer who falls under either of the following:
その役員のうちに、次のいずれかに該当する者があること。
a person who was dismissed by an order under Article 16-6 paragraph (2) and for whom two years have not yet passed from the date of said dismissal.
第十六条の六第二項の規定による命令により解任され、その解任の日から起算して二年を経過しない者
Article 16-4Public notice of designation
第十六条の四(指定の公示等)
If the Minister of Land, Infrastructure, Transport and Tourism grants a designation under Article 16-2, paragraph (1), said minister must issue a public notice of the name of the designated person, location of the principal business office thereof, and date of said designation.
If a person for whom a designation under Article 16-2, paragraph (1), has been made (hereinafter referred to as "Designated Examination Body") intends to change the name or location of the principal business office thereof, the person must notify the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism by no later than two weeks prior to the intended date of said change.
If a notification under the preceding paragraph is filed, the Minister of Land, Infrastructure, Transport and Tourism must issue a public notification of the fact thereof.
国土交通大臣は、前項の規定による届出があつたときは、その旨を公示しなければならない。
Article 16-5Public notice of delegation
第十六条の五(委任の公示等)
A prefectural governor who has delegated their Examination Processes to a Designated Examination Body pursuant to the provisions of Article 16-2, paragraph (1), (hereinafter referred to as "Delegating Prefectural Governor") must issue a public notice of the name of said Designated Examination Body, location of the principal business office thereof, location of the business office thereof handling said Examination Processes, and date of the delegation of Examination Processes to said Designated Examination Body.
If a Designated Examination Body intends to change the name, location of the principal business office, or location of the business office handling Examination Processes thereof, the Designated Examination Body must notify the fact thereof to the Delegating Prefectural Governor (relevant Delegating Prefectural Governor for the location of the business office handling Examination Processes) by no later than two weeks prior to the intended date of said change.
If a notification under the preceding paragraph is filled, the Delegating Prefectural Governor must issue a public notice of the fact thereof.
Article 16-6Appointment and dismissal of officers
第十六条の六(役員の選任及び解任)
Appointment or dismissal of an officer of a Designated Examination Body will take effect unless approved by the Minister of Land, Infrastructure, Transport and Tourism.
指定試験機関の役員の選任及び解任は、国土交通大臣の認可を受けなければ、その効力を生じない。
If an officer of a Designated Examination Body engages in conduct contravening this Act (including an order or disposition based on this Act) or the regulations governing Examination Processes as provided for in Article 16-9, paragraph (1), or engages in considerably inappropriate conduct in connection with Examination Processes, the Minister of Land, Infrastructure, Transport and Tourism may order the Designated Examination Body to dismiss said officer.
Article 16-7Examination officers
第十六条の七(試験委員)
A Designated Examination Body must appoint qualification examiners for real estate transaction specialists (hereinafter referred to as "examiners") from among persons satisfying requirements as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and have them prepare and mark Examination questions.
If an examiner as provided for in the preceding paragraph is appointed or dismissed, the Designated Examination Body must, without delay, notify the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism.
The provisions of paragraph (2) of the preceding article apply mutatis mutandis to the dismissal of an examiner as provided for in paragraph (1).
Article 16-8Obligation to maintain confidentiality
第十六条の八(秘密保持義務等)
No officer or employee of a Designated Examination Body (including an examiner as provided for in paragraph (1) of the preceding article; the same applies in the following paragraph) or person who was formerly in such a position is to leak confidential information obtained concerning Examination Processes.
With respect to the application of the Penal Code or any other penal provisions, officers and employees of a Designated Examination Body engaging in Examination Processes are deemed to be an officials engaged in public services under laws.
Article 16-9Regulations governing Examination Processes
第十六条の九(試験事務規程)
A Designated Examination Body must prescribe the regulations governing Examination Processes concerning matters relating to the conducting of Examination Processes as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and have them approved by the Minister of Land, Infrastructure, Transport and Tourism. The same applies when a Designated Examination Body intends to revise said regulations.
If a Designated Examination Body intends to revise regulations governing Examination Processes pursuant to the provisions of the second sentence of the preceding paragraph, it must hear the opinions of the Delegating Prefectural Governor.
The Minister of Land, Infrastructure, Transport and Tourism may, when deems that the regulations governing Examination Processes as approved pursuant to the provisions of paragraph (1) have become inappropriate for the proper and reliable conducting of Examination Processes, order the Designated Examination Body to revise said regulations.
第十六条の十(事業計画等)
A Designated Examination Body must prepare a business plan, as well as a revenue and expenditure budget each business year and have them approved by the Minister of Land, Infrastructure, Transport and Tourism prior to the commencement of the corresponding business year (or, for the business year in which falls the date on which a designation was obtained under Article 16-2, paragraph (1), without delay upon obtaining said designation). The same applies when a Designated Examination Body intends to revise said business plan or revenue or expenditure budget.
If a Designated Examination Body intends to prepare or revise a business plan or revenue and expenditure budget, it must hear the opinions of the Delegating Prefectural Governor.
A Designated Examination Body must prepare a business report and statement of accounts each business year and submit them to the Minister of Land, Infrastructure, Transport and Tourism and the Delegating Prefectural Governor within three months after the end of the corresponding business year.
Article 16-11Maintenance of books
第十六条の十一(帳簿の備付け等)
A Designated Examination Body must, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, prepare books in which matters that relate to Examination Processes and that are specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism are stated and retain said books.
Article 16-12Supervisory order
第十六条の十二(監督命令等)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary to secure proper conducting of Examination Processes, said minister may issue an order required for supervision in connection with Examination Processes to a Designated Examination Body.
If a Delegating Prefectural Governor deems it necessary to secure the proper conducting of their entrusted Examination Processes, said governor may issue instructions to have measures required for the proper conducting of Examination Processes to a Designated Examination Body.
Article 16-13Reports and inspections
第十六条の十三(報告及び検査)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary to secure the proper conducting of Examination Processes, said minister may request required reports on the status of Examination Processes from a Designated Examination Body or have said ministers officials enter the business office of the Designated Examination Body and inspect the status of Examination Processes or the equipment, books, documents, and other materials and articles of the Designated Examination Body.
If a Delegating Prefectural Governor deems it necessary to secure the proper conducting of their entrusted Examination Processes, said governor may request required reports on the status of Examination Processes from a Designated Examination Body or have said governors officials enter the business office of the Designated Examination Body handling said Examination Processes and inspect the status of Examination Processes or the equipment, books, documents, and other materials and articles of the Designated Examination Body.
An official conducting an on-site inspection pursuant to the provision of paragraph (1) or the preceding paragraph must carry personal identification, and present said identification if requested to do so by a concerned person.
The authority to conduct an on-site inspection under paragraph (1) or (2) must not be interpreted as having been accorded for the purpose of a criminal investigation.
Article 16-14Suspension or abolition of Examination Processes
第十六条の十四(試験事務の休廃止)
A Designated Examination Body must not suspend or discontinue Examination Processes in whole or in part unless the permission of the Minister of Land, Infrastructure, Transport and Tourism is obtained.
The Minister of Land, Infrastructure, Transport and Tourism is not to grant permission under the preceding paragraph unless it can be deemed that there is no risk that the suspension or abolition of Examination Processes in whole or in part by the Designated Examination Body will impede the proper and reliable conducting of Examination Processes.
If the Minister of Land, Infrastructure, Transport and Tourism intends to grant permission under paragraph (1), said minister must hear the opinions of the relevant Delegating Prefectural Governor.
国土交通大臣は、第一項の規定による許可をしようとするときは、関係委任都道府県知事の意見を聴かなければならない。
If the Minister of Land, Infrastructure, Transport and Tourism has granted permission under paragraph (1), said minister must notify the fact thereof to the relevant Delegating Prefectural Governor and issue a public notice of the fact thereof.
国土交通大臣は、第一項の規定による許可をしたときは、その旨を、関係委任都道府県知事に通知するとともに、公示しなければならない。