Regulation for Enforcement of the Special Act on the Immigration Control of Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan

In accordance with 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) and the Order for Enforcement of the Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan (Cabinet Order No. 420 of 2011), and in order to implement that Act and that Order, the Regulation for Enforcement of the Special Act on the Immigration Control of Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan (Ministry of Justice Order No. 27 of 1991) is amended in its entirety as follows.

An application prescribed in Article 4, paragraph (3) of 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 "Act") must be filed by submitting the following documents:

a written application for special permission for permanent residence pursuant to the Appended Form No. 1;

a photograph (a photograph that is taken within six months before the date of application, which satisfies the requirements specified in the Appended Table I, and with the applicant's name written on the back; the same applies in paragraph (1) of the following Article, Article 7, paragraph (1), Article 8, paragraph (1), Article 9, paragraph (1), and Article 10, paragraphs (1) and (2));

a document certifying that the applicant was born in Japan;

for a person who has come to stay in Japan for a reason other than birth, a document certifying that reason; and

a document certifying that the applicant is a descendant of a person who has lost Japanese nationality under the Treaty of Peace with Japan.

When the application referred to in the preceding paragraph is filed for a person under 16 years of age, submission of a photograph is not required.

An application prescribed in Article 5, paragraph (3) of the Act must be filed by submitting the following documents:

a written application for special permission for permanent residence pursuant to the Appended Form No. 2;

a photograph; and

a document certifying that the applicant is a person who has lost Japanese nationality under the Treaty of Peace with Japan or a descendant of a person who has lost Japanese nationality under the Treaty of Peace with Japan.

In filing the application referred to in the preceding paragraph, the applicant must present their residence card (meaning the residence card prescribed in Article 19-3 of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951; hereinafter referred to as the "Immigration Control Act"); the same applies hereinafter).

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the case of filing the application referred to in paragraph (1).

The format of the special permanent residence permit prescribed in Article 6 of the Act is to follow that of the Appended Form No. 3.

The name prescribed in Article 8, paragraph (1), item (i) of the Act is to be written in Roman characters.

In respect of a country to which the nationality prescribed in Article 8, paragraph (1), item (i) of the Act pertains or a region prescribed in Article 2, item (v), (b) of the Immigration Control Act (hereinafter referred to as "nationality or region" in this paragraph), a special permanent resident who has two or more nationalities other than Japanese nationality is to write the nationality or region specified in the following items in accordance with the category set forth respectively in those items:

a special permanent resident to whom a special permanent resident certificate is issued pursuant to the provisions of Article 7, paragraph (2) or (3) of the Act, because they have received the permission referred to in Article 4, paragraph (1) or Article 5, paragraph (1) of the Act:the nationality or region stated in the special permanent residence permit issued pursuant to the provisions of Article 6, paragraph (1) or (2) of the Act related to that permission;

a special permanent resident to whom a new special permanent resident certificate is issued pursuant to the provisions of Article 11, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to Article 12, paragraph (3), Article 13, paragraph (2), and Article 14, paragraph (4)) (except for those set forth in the following item):the nationality or region stated in the special permanent resident certificate which will cease to be effective due to the issuance; and

a special permanent resident to whom a new special permanent resident certificate is to be issued pursuant to the provisions of Article 11, paragraph (2) of the Act based on the notification referred to in paragraph (1) of that Article for the reason that their nationality or region has been changed:the nationality or region after the change.

If the West Bank or Gaza Strip prescribed in Article 1 of the Enforcement Order of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 178 of 1998) is stated as the region referred to in Article 8, paragraph (1), item (i) of the Act, it is to be indicated as Palestine.

The special permanent resident certificate number prescribed in Article 8, paragraph (2) of the Act is to be specified using a combination of four Roman characters and eight figures.

A special permanent resident certificate that shows a photograph of the special permanent resident pursuant to Article 8, paragraph (3) of the Act is to be issued with the date of expiration of the validity period being a date on or after the sixteenth birthday of the special permanent resident. In this case, the photograph is to be one that satisfies the requirements specified in the Appended Table I, and is to be a photograph submitted pursuant to Article 1, paragraph (1), Article 2, paragraph (1), Article 7, paragraph (1), Article 8, paragraph (1), Article 9, paragraph (1) or Article 10, paragraph (1) or (2).

The format of the special permanent resident certificate prescribed in Article 8, paragraph (4) of the Act is to follow that of the Appended Form No. 4, and what is to be shown on the special permanent resident certificate prescribed in that paragraph is the date of the notification pertaining to the entry, when the place of residence or new residence (meaning the place of residence after the change) is entered pursuant to Article 10, paragraph (3) of the Act.

The recording under Article 8, paragraph (5) of the Act is to be made by recording the particulars listed in the items of paragraph (1) of that Article and the photograph prescribed in paragraph (3) of that Article on the semiconductor integrated circuit built into the special permanent resident certificate. In this case, the recording of the place of residence prescribed in paragraph (1), item (ii) of that Article is to be made only when the special permanent resident certificate is issued.

When a special permanent resident (including persons who have lost Japanese nationality under the Treaty of Peace with Japan or descendants of persons who have lost Japanese nationality under the Treaty of Peace with Japan who have submitted the application referred to in Article 4, paragraph (3) or Article 5, paragraph (3) of the Act; hereinafter the same applies in this Article) who uses Chinese characters for their name makes a request, notwithstanding the provisions of paragraph (1) of the preceding Article, the Commissioner of the Immigration Services Agency may show a name using those Chinese characters or the Chinese characters and kana characters (meaning hiragana or katakana, and when Chinese characters are not used for a part of the name of that special permanent resident, limited to kana characters which show that part; hereinafter the same applies in this Article) together with their name written in Roman characters.

A special permanent resident who seeks to make the request referred to in the preceding paragraph must submit a material proving that Chinese characters are used for their name.

The request referred to in paragraph (1) must be made together with the application pursuant to the provisions of Article 4, paragraph (3), Article 5, paragraph (3), Article 12, paragraph (1) or (2), Article 13, paragraph (1), or Article 14, paragraph (1) or (3) of the Act or with the notification pursuant to the provisions of Article 11, paragraph (1) of the Act.

If the Commissioner of the Immigration Services Agency finds that when a special permanent resident who uses Chinese characters for their name indicates their name in Roman characters, the special permanent resident is likely to suffer considerable disadvantage or that there are other special circumstances, notwithstanding the provisions of paragraph (1) of the preceding Article, the Commissioner may show the name using those Chinese characters or the Chinese characters and kana characters, in lieu of Roman characters.

In the case referred to in paragraph (1) and the preceding paragraph, the necessary particulars for indicating names using Chinese characters, such as the scope and usage of Chinese characters to indicate the names, are specified by the Commissioner of the Immigration Services Agency through public notice.

A name using Chinese characters or Chinese characters and kana characters which is written pursuant to the provisions of paragraphs (1) and (4) may not be changed (including a decision not to write the name using Chinese characters or Chinese characters and kana characters) except in the case of a change through a notification under the provisions of Article 11, paragraph (1) of the Act; provided, however, that this does not apply if the Commissioner of the Immigration Services Agency finds the change to be appropriate.

A notification under the provisions of Article 10, paragraph (1) of the Act (except for a notification which is deemed to be a notification under the provisions of paragraph (1) of that Article pursuant to the provisions of paragraph (4) of that Article) or a notification under the provisions of paragraph (2) of that Article (except for a notification which is deemed to be a notification under the provisions of paragraph (2) of that Article pursuant to the provisions of paragraph (5) of that Article) must be made by submitting a copy of the written notification pursuant to the Appended Form No. 5.

A notification under the provisions of Article 11, paragraph (1) of the Act must be made by submitting a copy of the written notification pursuant to the Appended Form No. 6, a photograph, and a copy of material proving that the particulars set forth in Article 8, paragraph (1), item (i) of the Act has been changed.

In making the notification referred to in the preceding paragraph, the notifying person must present their passport (meaning the passport specified in Article 2, item (v) of the Immigration Control Act; the same applies hereinafter) and special permanent resident certificate. In this case, a special permanent resident who is unable to present their passport is to submit a document stating the reason therefor.

The provisions of Article 1, paragraph (2) apply mutatis mutandis to the case of making a notification referred to in paragraph (1).

An application under the provisions of Article 12, paragraph (1) or (2) of the Act must be made by submitting a copy of the written application pursuant to the Appended Form No. 7 and a photograph.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the case of filing the application referred to in the preceding paragraph.

An application under the provisions of Article 13, paragraph (1) of the Act must be made by submitting a copy of the written application pursuant to the Appended Form No. 8, a photograph, and a copy of the material proving that the applicant has lost possession of their special permanent resident certificate.

In filing the application referred to in the preceding paragraph, the applicant must present their passport. In this case, a special permanent resident who is unable to present it must submit a document stating the reason therefor.

The provisions of Article 1, paragraph (2) apply mutatis mutandis to the case of the application referred to in paragraph (1). In this case, the term "preceding paragraph" in that paragraph is deemed to be replaced with "Article 9, paragraph (1)."