If an entrusting business operator concludes a manufacturing consignment, etc. with a small or medium-sized entrusted business operator, the entrusting business operator must not conduct any of the following acts (excluding the acts stated in items (i) and (iv) in the case of service contract or specific transportation consignment):
refusing to receive performance from a small or medium-sized entrusted business operator without reasons attributable to the small or medium-sized entrusted business operator;
中小受託事業者の責めに帰すべき理由がないのに、中小受託事業者の給付の受領を拒むこと。
failure to pay the payment of manufacturing consignment, etc. even after the due date (including the delivery of negotiable instruments and the use of payment instruments other than money and negotiable instruments that are difficult to exchange for money in an amount equivalent to the payment for manufacturing consignment, etc. by the due date of the payment for manufacturing consignment, etc.);
製造委託等代金をその支払期日の経過後なお支払わないこと（当該製造委託等代金の支払について、手形を交付すること並びに金銭及び手形以外の支払手段であつて当該製造委託等代金の支払期日までに当該製造委託等代金の額に相当する額の金銭と引き換えることが困難であるものを使用することを含む。）。
reducing the amount of the payment for manufacturing consignment, etc. without reasons attributable to a small or medium-sized entrusted business operator;
causing a small or medium-sized entrusted business operator to take back the things relating to the performance after receiving the performance from the small or medium-sized entrusted business operator, without any reason attributable to the small or medium-sized entrusted business operator;
中小受託事業者の責めに帰すべき理由がないのに、中小受託事業者の給付を受領した後、中小受託事業者にその給付に係る物を引き取らせること。
unjustly setting the amount of the payment for manufacturing consignment, etc. that is significantly lower than that normally paid for the same or similar content of performance that provided by a small or medium-sized entrusted business operator;
coercing a small or medium-sized entrusted business operator to purchase designated goods or to use designated services, except when there is a need to standardize or improve the content of the performance provided by the small or medium-sized entrusted business operator or when there are other justifiable grounds; and
中小受託事業者の給付の内容を均質にし又はその改善を図るため必要がある場合その他正当な理由がある場合を除き、自己の指定する物を強制して購入させ、又は役務を強制して利用させること。
in cases where it is found that there is a fact in violation of the provisions of this Article with regard to an entrusting business operator, the entrusted small and medium-sized business operator is reduced the volume of transactions, is suspended transactions, or is given other disadvantageous treatment on the grounds that the entrusted small and medium-sized business operator has informed the Japan Fair Trade Commission, the Commissioner of the Small and Medium Enterprise Agency, or the minister with jurisdiction over the business relating to transactions concerning the manufacturing consignment, etc. of that fact.
If an entrusting business operator concludes a manufacturing consignment, etc. with a small or medium-sized entrusted business operator, the entrusting business operator must not unjustly harm the interests of the small or medium-sized entrusted business operator by committing any of the following acts (excluding the act stated in item (i) if a service contract or specific transportation consignment is concluded):
in cases where a small or medium-sized entrusted business operator is made to purchase from itself semi-finished products, parts, accessories, or raw materials (referred to below as "raw materials, etc." in this item) necessary for the performance to itself, without reasons attributable to the small or medium-sized entrusted business operator, deducting all or part of the compensation for the raw materials, etc. from the amount of the payment for manufacturing consignment, etc. to be paid or making the small or medium-sized entrusted business operator pay all or part of the compensation for the raw materials, etc. at an earlier time than the due date of the payment for manufacturing consignment, etc. for the performance using the raw materials, etc.;
causing a person to provide money, services, or other economic benefits for the entrusting business operator itself;
自己のために金銭、役務その他の経済上の利益を提供させること。
causing a small or medium-sized entrusted business operator to change the content of the performance, or to make performance again after receiving the performance from the small or medium-sized entrusted business operator (after receiving the entrusted services from the small or medium-sized entrusted business operator in the case of a service contract or specific transportation consignment), without any reason attributable to the small or medium-sized entrusted business operator;
in cases where fluctuations in expenses related to performance provided by a small or medium-sized entrusted business operator or other circumstances have occurred, in spite of a request by the small or medium-sized entrusted business operator for consultation regarding the amount of the payment for manufacturing consignment, etc., unilaterally determining the amount of the payment for manufacturing consignment, etc. without responding to the consultation or without providing necessary explanation or information regarding the matters requested by the small or medium-sized entrusted business operator in the consultation.
第六条（遅延利息）
If an entrusting business operator does not pay the payment for manufacturing consignment, etc. by the due date of the payment for manufacturing consignment, etc., the entrusting business operator must pay to a small or medium-sized entrusted business operator the amount obtained by multiplying the unpaid amount by a rate specified by Japan Fair Trade Commission Rules for the period from the day on which 60 days have elapsed from the day on which the entrusting business operator received the performance from the small or medium-sized entrusted business operator to the day on which the payment is made, in accordance with the number of days, as overdue interest.
If an entrusting business operator reduces the amount of the payment for manufacturing consignment, etc. without any reason attributable to the small and medium-sized entrusted business operator, the entrusting business operator must pay to the small and medium-sized entrusted business operator the amount obtained by multiplying the amount of the reduction by the rate specified by Japan Fair Trade Commission Rule in accordance with the number of days from the date on which the amount of the payment for manufacturing consignment, etc. is reduced or the date on which 60 days have elapsed from the date of receipt of the performance from the small and medium-sized entrusted business operator, whichever comes later, until the date on which the amount of the reduction is paid, as delayed interest.
Article 7Preparation and Preservation of Documents
第七条（書類等の作成及び保存）
If an entrusting business operator concludes a manufacturing consignment, etc. contract with a small or medium-sized entrusted business operator, the entrusting business operator must prepare and preserve a document or electronic or magnetic record (meaning records made in an electronic form, a magnetic form, or any other form that cannot be recognized by human perception, which are used in data processing by computers; the same applies in Article 14, item (iii)), pursuant to the provisions of Japan Fair Trade Commission Rules, in which the performance of the small or medium-sized entrusted business operator, the receipt of the performance (in the case of a service contract or specific transportation consignment, the fact that services have been received from the small or medium-sized entrusted business operator), the payment for manufacturing consignment, etc., and other matters are stated or recorded.
第八条（指導及び助言）
The Japan Fair Trade Commission, the Commissioner of the Small and Medium Enterprise Agency, or the minister with jurisdiction over the business relating to transactions concerning the manufacturing consignment, etc. may provide guidance and advice to the entrusting business operator, when they find it necessary for the enforcement of this Act,.
The Commissioner of the Small and Medium Enterprise Agency may investigate whether or not there are any facts in violation of the provisions of Article 5 with regard to the entrusting business operator, and when such matters are found to be the facts, may request the Japan Fair Trade Commission to take appropriate measures in accordance with the provisions of this Act.
第十条（勧告）
If the Japan Fair Trade Commission finds that an act in violation of the provisions of Article 5 has taken place, the Japan Fair Trade Commission is to recommend the entrusting business operator (if the entrusting business operator has ceased to exist as a result of a merger, the corporation surviving after the merger or established as a result of the merger; if all or part of the business involved in the act has been succeeded to as a result of the split of the entrusting business operator, the corporation that has succeeded to all or part of the business; if all or part of the business involved in the act has been transferred by the entrusting business operator, the business operator that has acquired all or part of the business; referred to as the "violating entrusting business operator" in the following paragraph and the following Article) that has committed the act to promptly receive the performance of the small and medium-sized entrusted business operator, pay the payment for manufacturing consignment, etc. or any amount less or delay interest pursuant to the provisions of Article 6, take back the things related to the performance again, increase the amount of the payment for manufacturing consignment, etc. or take back the things that the entrusting business operator had them purchase, cease the disadvantageous treatment, or take measures to protect the interests of the small and medium-sized entrusted business operator, or take other necessary measures.
公正取引委員会は、第五条の規定に違反する行為があると認めるときは、当該行為をした委託事業者（委託事業者が合併により消滅した場合にあつては合併後存続し、又は合併により設立された法人、委託事業者の分割により当該行為に係る事業の全部又は一部の承継があつた場合にあつては当該事業の全部又は一部を承継した法人、委託事業者の当該行為に係る事業の全部又は一部の譲渡があつた場合にあつては当該事業の全部又は一部を譲り受けた事業者。次項及び次条において「違反委託事業者」という。）に対し、速やかにその中小受託事業者の給付を受領し、その製造委託等代金若しくはその減じた額若しくは第六条の規定による遅延利息を支払い、その給付に係る物を再び引き取り、その製造委託等代金の額を引き上げ、若しくはその購入させた物を引き取るべきこと若しくはその不利益な取扱いをやめるべきこと又はその中小受託事業者の利益を保護するための措置をとるべきことその他必要な措置をとるべきことを勧告するものとする。
Even if an act in violation of the provisions of Article 5 has already ceased to exist, the Japan Fair Trade Commission may, when it finds it particularly necessary, recommend that the violating entrusting business operator take measures to make it known to the public that the act has already ceased to exist, and take any other measures necessary to ensure that the act has been eliminated.
第十一条（私的独占の禁止及び公正取引の確保に関する法律との関係）
The provisions of Article 20 and Article 20-6 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) do not apply to the act relating to the recommendation, limited to the case where the Japan Fair Trade Commission has made a recommendation pursuant to the provisions of the preceding Article and the violating entrusting business operator has followed the recommendation.
Article 12Collection of Reports and Inspection
第十二条（報告及び検査）
If the Japan Fair Trade Commission finds it necessary in order to ensure fairness in transactions related to a manufacturing consignment, etc. to a small or medium-sized entrusted business operator (if a small or medium-sized entrusted business operator (limited to a corporation) has ceased to exist as a result of a merger, a corporation that continues to exist after the merger or is established as a result of the merger; if all or part of the business relating to the transactions has been succeeded to as a result of a split of the entrusted business operator, a corporation that has succeeded to all or part of the business; if all or part of the business relating to the transactions of the entrusted business operator has been transferred, a business operator that has acquired all or part of the business; the same applies below in this Article and the following Article) from the entrusting business operator (if an entrusting business operator has ceased to exist as a result of a merger, a corporation that continues to exist after the merger or is established as a result of the merger; if all or part of the business relating to the transactions concerning the manufacturing consignment, etc. has been succeeded to as a result of a split of an entrusting business operator, a corporation that has succeeded to all or part of the business; if all or part of the business relating to the transactions of an entrusting business operator has been transferred, a business operator that has acquired all or part of the business; the same applies below in this Article and the following Article), the Japan Fair Trade Commission may have the entrusting business operator or small or medium-sized entrusted business operator report on the transactions related to the manufacturing consignment, etc. of the entrusting business operator to the small or medium-sized entrusted business operator, or have its officials enter the offices or business premises of the entrusting business operator or the small or medium-sized entrusted business operator and inspect books, documents or any other articles.
公正取引委員会は、委託事業者（委託事業者が合併により消滅した場合にあつては合併後存続し、又は合併により設立された法人、委託事業者の分割により製造委託等に関する取引に係る事業の全部又は一部の承継があつた場合にあつては当該事業の全部又は一部を承継した法人、委託事業者の当該取引に係る事業の全部又は一部の譲渡があつた場合にあつては当該事業の全部又は一部を譲り受けた事業者。以下この条及び次条において同じ。）の中小受託事業者（中小受託事業者（法人に限る。）が合併により消滅した場合にあつては合併後存続し、又は合併により設立された法人、中小受託事業者（法人に限る。）の分割により当該取引に係る事業の全部又は一部の承継があつた場合にあつては当該事業の全部又は一部を承継した法人、中小受託事業者の当該取引に係る事業の全部又は一部の譲渡があつた場合にあつては当該事業の全部又は一部を譲り受けた事業者。以下この条及び次条において同じ。）に対する製造委託等に関する取引を公正にするため必要があると認めるときは、委託事業者若しくは中小受託事業者に対し、その委託事業者の中小受託事業者に対する製造委託等に関する取引に関する報告をさせ、又はその職員に委託事業者若しくは中小受託事業者の事務所若しくは事業所に立ち入り、帳簿書類その他の物件を検査させることができる。
If the Commissioner of the Small and Medium Enterprise Agency finds it particularly necessary for protecting the interests of a small and medium-sized entrusted business operator, the Commissioner may have an entrusting business operator or a small and medium-sized entrusted business operator make a report concerning transactions relating to a manufacturing consignment, etc. from the entrusting business operator to the small and medium-sized entrusted business operator, or have its officials enter the offices or business premises of the entrusting business operator or the small and medium-sized entrusted business operator and inspect books, documents, and any other articles.
If the minister who has jurisdiction over the business relating to transactions concerning the manufacturing consignment, etc. finds it particularly necessary for cooperating with an investigation under the provisions of Article 9 by the Commissioner of the Small and Medium Enterprise Agency, the minister may have an entrusting business operator or a small and medium-sized entrusted business operator that engages in the business under the minister's jurisdiction make a report concerning transactions related to a manufacturing consignment, etc. from the entrusting business operator to the small and medium-sized entrusted business operator, or may have its officials enter the offices or business premises of these persons and inspect books, documents, and any other articles.
If the officials enter the offices pursuant to the provisions of the preceding three paragraphs, they must carry their identification cards and present them to relevant persons.
前三項の規定により職員が立ち入るときは、その身分を示す証明書を携帯し、関係人に提示しなければならない。
The authority for an on-site inspection under the provisions of paragraphs (1) through (3) may not be construed as granted for criminal investigation.
第一項から第三項までの規定による立入検査の権限は、犯罪捜査のために認められたものと解釈してはならない。
第十三条（委託事業者又は中小受託事業者に関する情報の提供等）
The Japan Fair Trade Commission, the Commissioner of the Small and Medium Enterprise Agency, and the minister with jurisdiction over the business relating to transactions concerning the manufacturing consignment, etc. may, to the extent necessary for the enforcement of this Act, provide each other with information concerning an entrusting business operator or a small or medium-sized entrusted business operator that is found to be particularly necessary for making transactions concerning a manufacturing consignment, etc. from an entrusting business operator to a small or medium-sized entrusted business operator fair or for protecting the interests of the small or medium-sized entrusted business operator.
The Japan Fair Trade Commission may, to the extent necessary for the enforcement of this Act, request the head of a relevant administrative body to provide information concerning an entrusting business operator or a small or medium-sized entrusted business operator or to offer any other necessary cooperation.
第十四条（罰則）
If an entrusting business operator falls under any of the following items, the representative, agent, employee, or other worker of the entrusting business operator who has committed the violation is subject to a fine of not more than 500,000 yen:
次の各号のいずれかに該当する場合には、その違反行為をした委託事業者の代表者、代理人、使用人その他の従業者は、五十万円以下の罰金に処する。
if, the person has failed to clearly indicate the matters that should be clearly indicated in violation of the provisions of Article 4, paragraph (1);
第四条第一項の規定に違反して明示すべき事項を明示しなかつたとき。
if the person has failed to deliver a document in violation of the provisions of Article 4, paragraph (2); or
第四条第二項の規定に違反して書面を交付しなかつたとき。
if the person has failed to prepare or preserve a document or electronic or magnetic record, or has prepared a false document or electronic or magnetic record, in violation of the provisions of Article 7.
第十五条
If a person has failed to make a report under the provisions of Article 12, paragraphs (1) through (3) or has made a false report, or has refused, obstructed or evaded an inspection under these provisions, the person who has committed the violation is punished by a fine of not more than 500,000 yen.
第十二条第一項から第三項までの規定による報告をせず、若しくは虚偽の報告をし、又はこれらの規定による検査を拒み、妨げ、若しくは忌避したときは、その違反行為をした者は、五十万円以下の罰金に処する。
第十六条
If the representative of a corporation or the agent, employee, or other worker of a corporation or individual commits a violation referred to in one of the preceding two Articles in connection with the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is subject to the penalties referred to in the relevant Article.
法人の代表者又は法人若しくは人の代理人、使用人その他の従業者が、その法人又は人の業務に関し、前二条の違反行為をしたときは、行為者を罰するほか、その法人又は人に対して各本条の刑を科する。