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

An application under the provisions of the first sentence of Article 14, paragraph (1), or Article 14, paragraph (3) of the Act must be made by submitting a copy of the written application pursuant to the Appended Form No. 9 and a photograph.

An application under the provisions of the second sentence of Article 14, paragraph (1) of the Act must be made by submitting a copy of the written application pursuant to the Appended Form No. 10 and a photograph.

The provisions of Article 1, paragraph (2) and Article 7, paragraph (2) apply mutatis mutandis to the case of filing the application referred to in the preceding two paragraphs. In this case, the term "preceding paragraph" in those paragraphs is deemed to be replaced with "Article 10, paragraph (1) or (2)."

An order under the provisions of Article 14, paragraph (2) of the Act is to be given by issuing to the special permanent resident a written order to apply for re-issuance of a special permanent resident certificate pursuant to the Appended Form No. 11.

The payment of the fee under Article 14, paragraph (5) of the Act is to be made by submitting a statement of payment of fees pursuant to the Appended Form No. 12 with a revenue stamp corresponding to the amount of the fee pasted on it.

The document of which the mayor of the municipality (including special wards, and, in the case of Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), wards or administratively consolidated wards; the same applies in Article 16 and Article 17) makes a copy and sends the copy to the Commissioner of the Immigration Services Agency pursuant to Article 5 of 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; hereinafter referred to as the "Order") is to be the passport presented pursuant to Article 7, paragraph (2) (including as applied mutatis mutandis pursuant to Article 8, paragraph (2) and Article 10, paragraph (3)) or Article 9, paragraph (2).

The Commissioner of the Immigration Services Agency may provide information about special permanent resident certificate numbers which have expired by using the internet or other means.

Employees of the national or local governments prescribed in Article 17, paragraph (2) of the Act are as follows:

a customs official;

a public security intelligence officer;

a narcotics agent;

an employee of a municipality (including special wards) who is engaged in administrative affairs related to the basic residential register (limited to those concerning the residence certificates for foreign residents prescribed in Article 30-45 of the Residential Basic Book Act (Act No. 81 of 1967));

an employee of public employment security offices prescribed in Article 8 of the Employment Security Act (Act No. 141 of 1947).

A person who seeks to perform the act prescribed in Article 18, paragraph (1) of the Act on behalf of a special permanent resident pursuant to the provisions of paragraph (2) of that Article must present material or give an explanation to the head of municipalities demonstrating that the person is to whom the relevant paragraph applies.

A person who seeks to perform the act prescribed in Article 18, paragraph (1) of the Act on behalf of a special permanent resident pursuant to the provisions of paragraph (3) of that Article must present material or give an explanation to the head of municipalities demonstrating that the special permanent resident is unable to perform the act themselves due to a disease or for other reasons and that the person is a relative or cohabitant of the special permanent resident.

The cases specified by Ministry of Justice Order prescribed in Article 19, paragraph (3) of the Act (limited to the cases related to notifications under Article 10, paragraphs (1) and (2) of the Act and the receipt of a special permanent resident certificate returned pursuant to paragraph (3) of that Article) are the cases where a person who has been requested by a special permanent resident or by a person who is required to act on behalf of a special permanent resident pursuant to Article 19, paragraph (2) of the Act (excluding a relative of the special permanent resident aged 16 or over who lives with the special permanent resident), or a legal representative of a special permanent resident, performs on behalf of the special permanent resident the act prescribed in Article 19, paragraph (1) of the Act (limited to notifications under Article 10, paragraphs (1) and (2) of the Act and the receipt of a special permanent resident certificate returned pursuant to paragraph (3) of that Article) (excluding the case where a legal representative of a special permanent resident performs the act on behalf of the special permanent resident pursuant to Article 19, paragraph (2) of the Act).

The cases specified by Ministry of Justice Order as prescribed in Article 19, paragraph (3) of the Act (except for the case related to the notification under the provisions of Article 10, paragraphs (1) and (2) of the Act and the receipt of a special permanent resident certificate returned pursuant to the provisions of paragraph (3) of that Article) are the cases set forth in the following items:

a case in which any of the persons set forth in (a) or (b) below performs the act set forth in the right-hand column of the Appended Table II in accordance with the category of the act set forth in the left-hand column of that Table on behalf of a special permanent resident (for the person set forth in (a), limited to the case where the act is performed at the request of that special permanent resident or a person who is required to act on behalf of the special permanent resident pursuant to the provisions of Article 19, paragraph (2) of the Act; for the person set forth in (b), except for the case where the person performs the act on behalf of the special permanent resident pursuant to the provisions of that paragraph):

an attorney-at-law or administrative scrivener who has made a notification to the director of the regional immigration services bureau having jurisdiction over their location through the bar association or administrative scrivener association to which the attorney-at-law or administrative scrivener belongs; or

a legal representative of the special permanent resident.

in addition to the case prescribed in the preceding item, when a special permanent resident is under 16 years of age or is unable, due to illness or any other reason, to personally perform the act set forth in the left-hand column of the Appended Table II, and a relative of the special permanent resident (excluding a person aged 16 or over who lives with the special permanent resident), or a cohabitant (excluding a relative of the special permanent resident) or a person equivalent thereto, whom the Commissioner of the Immigration Services Agency finds appropriate, performs on behalf of the special permanent resident the act set forth in the right-hand column of that Table in accordance with the category of that act; and

with regard to the receipt of a special permanent resident certificate issued pursuant to 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) of the Act), when a person who has great difficulty in appearing in person at the office of the municipality for the receipt (limited to a person who is required to receive the special permanent resident certificate by appearing in person at the office of the municipality pursuant to Article 19, paragraph (1) of the Act, or a person who is required to receive it on behalf of the special permanent resident pursuant to paragraph (2) of that Article) receives the special permanent resident certificate sent by mail to be received only by the addressee (which is issued, or delivered, only to the addressee as specified by the provisions of the Conditions of Domestic Postal Mail of Japan Post Co., Ltd.) or by an equivalent method, and the Commissioner of the Immigration Services Agency finds it appropriate.

A person who intends to perform the act prescribed in Article 19, paragraph (1) of the Act on behalf of a special permanent resident pursuant to paragraph (2) of that Article must present material or give an explanation to the mayor of the municipality demonstrating that the person is a person who is required to act on behalf of the special permanent resident pursuant to that paragraph.

Where a special permanent resident is not required to appear in person to perform the act prescribed in Article 19, paragraph (1) of the Act pursuant to Article 19, paragraph (3) of the Act, a person who intends to perform that act on behalf of the special permanent resident, or a person who intends to perform the act set forth in the right-hand column of the table in the Appended Table II in accordance with the category of the act set forth in the left-hand column of that table, must present material or give an explanation to the mayor of the municipality demonstrating that the case falls under that case.

An expression of the intention to re-enter Japan as prescribed in Article 26-2, paragraph (1) of the Immigration Control Act as applied mutatis mutandis pursuant to Article 23, paragraph (2) of the Act is to be made by submitting a document pursuant to the Appended Form 37-19 of the Regulation for Enforcement of the Immigration Control and Refugee Recognition Act (Ministry of Justice Order No. 54 of 1981) stating that the person has the intention to re-enter Japan and presenting their special permanent resident certificate, to an immigration inspector.

The persons who require re-entry permission for the fair and equitable control over the entry into or departure from Japan prescribed in Article 26-2, paragraph (1) of the Immigration Control Act as applied mutatis mutandis pursuant to Article 23, paragraph (2) of the Act are the following persons:

a person whom an immigration inspector has been notified of as a person falling under any of the items of Article 25-2, paragraph (1) of the Immigration Control Act;

a person who has been issued a written detention order pursuant to Article 39-2, paragraph (1) or Article 44-4, paragraph (3) or (8) of the Immigration Control Act;

a person placed under supervision measures pursuant to Article 44-2, paragraph (1) or (6) of the Immigration Control Act; and

a person whom the Commissioner of the Immigration Services Agency finds has a risk of performing an act detrimental to the interests and public security of Japan or for whom the Commissioner finds reasonable grounds to require re-entry permission for the purpose of impartial control over immigration.

When the Commissioner of the Immigration Services Agency has made the recognition under item (iv) of the preceding paragraph, the Commissioner is to notify the special permanent resident to that effect; provided, however, that this does not apply if the whereabouts of the special permanent resident are unknown or there are other reasons that make the notification impossible.

The notification referred to in the preceding paragraph is to be given by a written notice pursuant to the Appended Form No. 13; provided, however, that in cases of urgency, it may be given by having an immigration inspector orally notify that the Commissioner of the Immigration Services Agency has made the recognition under paragraph (1), item (iv).

If any material to be submitted to the Commissioner of the Immigration Services Agency pursuant to the provisions of the Act or this Ministerial Order is written in a foreign language, a translation must be attached to the material.