Article 27Door-to-Door Sales Associations
第二十七条(訪問販売協会)
A general incorporated association that includes the characters "訪問販売協会" (pronounced "houmon-hanbai-kyoukai", meaning "door-to-door sales association") in its name may be established, provided that its articles of incorporation contain provisions to the effect that it will ensure the fairness of transactions connected with door-to-door sales, protect the interests of the purchasers or the service recipients, contribute to the sound development of the door-to-door sales business, and have as its members persons who engage in door-to-door sales as a business.
その名称中に訪問販売協会という文字を用いる一般社団法人は、訪問販売に係る取引を公正にし、並びに購入者及び役務の提供を受ける者の利益を保護するとともに、訪問販売の事業の健全な発展に資することを目的とし、かつ、訪問販売を業として営む者を社員とする旨の定款の定めがあるものに限り、設立することができる。
The provisions of the articles of incorporation prescribed in the preceding paragraph may not be changed.
前項に規定する定款の定めは、これを変更することができない。
Article 27-2Restrictions on Joining the Association
第二十七条の二(協会への加入の制限等)
A general incorporated association stated in paragraph (1) of the preceding Article (hereinafter referred to as a "door-to-door sales association") must provide in its articles of incorporation to the effect that it may refuse admission to any party that has been ordered to suspend its business activities that are connected with door-to-door sales in whole or in part pursuant to the provisions of Article 8, paragraph (1), or to any party that has been expelled by a door-to-door sales association pursuant to the provisions of the articles of incorporation prescribed in Article 29-3.
A door-to-door sales association must make the directory of its members available for public inspection.
訪問販売協会は、社員の名簿を公衆の縦覧に供しなければならない。
Article 27-3Notification of Establishment
第二十七条の三(成立の届出)
When a door-to-door sales association has been established, a notification to that effect must be submitted to the competent minister with a certificate of registered information and a copy of its articles of incorporation attached to it, within two weeks from the day of its establishment.
When a notification under the provisions of the preceding paragraph is submitted, the competent minister must issue a public notice to that effect.
Article 27-4Notification of Changes
第二十七条の四(変更の届出)
If there has been a change involving a door-to-door sales association's name, address, articles of incorporation, or any other information specified by order of the competent ministry, a notification to that effect must be submitted to the competent minister within two weeks from the day on which the change occurred.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a notification under the provisions of the preceding paragraph.
Article 28Restrictions on Name Use
第二十八条(名称の使用制限)
A person that is not a door-to-door sales association must not use a character in its name or trade name that could cause it to be mistaken for a door-to-door sales association.
訪問販売協会でない者は、その名称又は商号中に、訪問販売協会であると誤認されるおそれのある文字を用いてはならない。
A person that is not a member of a door-to-door sales association must not use a character in its name or trade name that could cause it to be mistaken for a door-to-door sales association member.
訪問販売協会に加入していない者は、その名称又は商号中に、訪問販売協会会員であると誤認されるおそれのある文字を用いてはならない。
Article 29Measures for Protecting the Interests of Purchasers and Others
第二十九条(購入者等の利益の保護に関する措置)
When a door-to-door sales association is requested by a purchaser, a service recipient, or other relevant person to help settle a complaint about business activities for door-to-door sales in which a member is engaging, it must hold consultations, provide the necessary advice to the requester, and in addition to investigating the circumstances surrounding the complaint, the association must notify the member of the details of the complaint and request that it be processed promptly.
訪問販売協会は、購入者又は役務の提供を受ける者等から会員の営む訪問販売の業務に関する苦情について解決の申出があつたときは、その相談に応じ、申出人に必要な助言をし、その苦情に係る事情を調査するとともに、当該会員に対しその苦情の内容を通知してその迅速な処理を求めなければならない。
When a door-to-door sales association finds it necessary for settling a complaint connected with a request under the preceding paragraph, it may ask for a written or oral explanation or for the submission of materials from the member.
A member must not refuse what a door-to-door sales association has asked it to do under the provisions of the preceding paragraph without reasonable grounds.
A door-to-door sales association must fully inform its members about any request under paragraph (1), the circumstances involved in the complaint, and the result of the settlement of the complaint.
第二十九条の二
If a person has canceled a sales contract or a service contract connected with the business activities in door-to-door sales in which a member is engaged, pursuant to the provisions of this Act, or the person has retracted a manifestation of the intention to offer to enter into or accept a sales contract or a service contract connected with the business activities in door-to-door sales in which a member is engaged, pursuant to the provisions of this Act, and if the member has refused the person's request for the refund of the money that the person paid to the member, a door-to-door sales association must carry out business activities for delivering a fixed amount of money to the person that has requested the refund of the money.
A door-to-door sales association is to set up a fund for the business activities stated in the preceding paragraph, and is to allocate to the fund the total amount of money contributed by its members on the condition of its allocation to the expenses required for the business activities.
A door-to-door sales association must specify the means by which it will implement the business activities stated in paragraph (1) in its articles of incorporation.
Once a door-to-door sales association has specified the means by which it will implement its business activities pursuant to the provisions of the preceding paragraph, it must issue a public announcement of those means. The same applies if the door-to-door sales association has changed those means.
Article 29-3Disposition Against a Member
第二十九条の三(社員に対する処分)
A door-to-door sales association must state in its articles of incorporation that if a member engages in conduct violating the provisions of this Act or a disposition based on the provisions of this Act, it will impose a monetary penalty on the member, order the member's rights as provided in the articles of incorporation to be suspended or restricted, or expel the member.
訪問販売協会は、その定款において、社員が、この法律の規定又はこの法律の規定に基づく処分に違反する行為をした場合に、当該社員に対し、過怠金を課し、定款に定める社員の権利の停止若しくは制限を命じ、又は除名する旨を定めなければならない。
Article 29-4Provision of Information
第二十九条の四(情報の提供等)
The competent minister must provide the necessary information and materials or offer the necessary guidance and advice concerning the implementation of the business activities prescribed in Articles 29 and 29-2 to a door-to-door sales association.
The business activities of a door-to-door sales association are subject to the supervision of the competent minister.
If the competent minister finds that it is necessary to do so in order to ensure the proper implementation of business activities, to the extent necessary for enforcing the provisions of this Act, the minister may examine a door-to-door sales association's business activities or financial status or order a door-to-door sales association to take any measures necessary for the improvement of them.
Having issued the order stated in the preceding paragraph, upon finding that it is particularly necessary to do so in order to protect the interests of purchasers or service recipients, the competent minister may issue a public announcement to the effect that the order has been issued.
Article 30Mail Order Sales Associations
第三十条(通信販売協会)
A general incorporated association that includes the characters "通信販売協会" (pronounced "tsushin-hanbai kyoukai" and meaning "mail order sales association") in its name may be established, but only if its articles of incorporation contain provisions to the effect that it will ensure the fairness of transactions connected with mail order sales, protect the interests of the purchasers or the service recipients, contribute to the sound development of the mail order sales business, and have as its members persons engaged in mail order sales as a business.
その名称中に通信販売協会という文字を用いる一般社団法人は、通信販売に係る取引を公正にし、並びに購入者及び役務の提供を受ける者の利益を保護するとともに、通信販売の事業の健全な発展に資することを目的とし、かつ、通信販売を業として営む者を社員とする旨の定款の定めがあるものに限り、設立することができる。
The provisions of the articles of incorporation prescribed in the preceding paragraph may not be changed.
前項に規定する定款の定めは、これを変更することができない。
Article 30-2Notification of Establishment
第三十条の二(成立の届出)
When a general incorporated association stated in paragraph (1) of the preceding Article (hereinafter referred to as a "mail order sales association") is established, a notification to that effect must be submitted to the competent minister with a certificate of registered information and a copy of its articles of incorporation attached to it, within two weeks from the day of its establishment.
When a notification under the provisions of the preceding paragraph is submitted, the competent minister must issue a public notice to that effect.
Article 30-3Notification of Changes
第三十条の三(変更の届出)
If there has been a change involving a mail order sales association's name, address, articles of incorporation, or any other information specified by order of the competent ministry, a notification to that effect must be submitted to the competent minister within two weeks from the day on which the change occurred.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a notification under the provisions of the preceding paragraph.
Article 31Restrictions on Name Use
第三十一条(名称の使用制限)
A person that is not a mail order sales association must not use a character in its name or trade name that could cause it to be mistaken for a mail order sales association.
通信販売協会でない者は、その名称又は商号中に、通信販売協会であると誤認されるおそれのある文字を用いてはならない。
A person that is not a member of a mail order sales association must not use a character in its name or trade name that could cause it to be mistaken for a mail order sales association member.
通信販売協会に加入していない者は、その名称又は商号中に、通信販売協会会員であると誤認されるおそれのある文字を用いてはならない。
Article 32Settlement of Complaints
第三十二条(苦情の解決)
When a mail order sales association is requested by a purchaser, a service recipient, or any other relevant person to help settle a complaint about business activities for mail order sales in which a member is engaging, it must hold consultations, provide the necessary advice to the requester, and investigate the circumstances surrounding the complaint, and also notify the member of the details of the complaint and ask that it be processed promptly.
通信販売協会は、購入者又は役務の提供を受ける者等から会員の営む通信販売の業務に関する苦情について解決の申出があつたときは、その相談に応じ、申出人に必要な助言をし、その苦情に係る事情を調査するとともに、当該会員に対しその苦情の内容を通知してその迅速な処理を求めなければならない。
When a mail order sales association finds it necessary for settling a complaint connected with a request under the preceding paragraph, it may ask for a written or oral explanation or for the submission of materials from the member.
A member must not refuse what a mail order sales association has asked for under the provisions of the preceding paragraph without reasonable grounds.
A mail order sales association must fully inform its members about any request under paragraph (1), the circumstances involved in the complaint, and the result of settlement of the complaint.
Article 32-2Supervision of the Business Activities of a Mail Order Sales Association
第三十二条の二(通信販売協会の業務の監督)
The business activities of a mail order sales association are subject to the supervision of the competent minister.
On finding that it is necessary to do so in order to ensure the proper implementation of the business activities stated in the preceding Article, at any time, the competent minister may examine a mail order sales association's business activities or financial status, or issue a mail order sales association any order that is necessary from a supervisory perspective, with regard to its business activities.
Having issued an order as stated in the preceding paragraph, and on finding it particularly necessary for protecting the interests of purchasers or service recipients, the competent minister may issue a public announcement to the effect that the order has been issued.