Chapter III Real Estate Transaction Specialist
第三章 宅地建物取引士
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。
Article 16-15Rescission of designation
第十六条の十五(指定の取消し等)
If a Designated Examination Body comes to fall under any of the items listed in Article 16-3, paragraph (2), (excluding item (iii)), the Minister of Land, Infrastructure, Transport and Tourism must rescind the designation of said Designated Examination Body.
If a Designated Examination Body falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the designation of said Designated Examination Body or order said Designated Examination Body to suspend Examination Processes in whole or in part for a prescribed period:
when it is deemed that the Designated Examination Body no longer conforms to an item listed in Article 16-3, paragraph (1);
第十六条の三第一項各号の一に適合しなくなつたと認められるとき。
when the Designated Examination Body contravenes a provision of Article 16-7, paragraph (1); Article 16-10, paragraph (1) or (3); Article 16-11; or paragraph (1) of the preceding article;
when the Designated Examination Body contravenes an order under Article 16-6 paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 16-7, paragraph (3)); Article 16-9, paragraph (3); or Article 16-12, paragraph (1);
第十六条の六第二項(第十六条の七第三項において準用する場合を含む。)、第十六条の九第三項又は第十六条の十二第一項の規定による命令に違反したとき。
when the Designated Examination Body conducts Examination Processes without complying with regulations governing Examination Processes as approved pursuant to the provisions of Article 16-9, paragraph (1);
when the Designated Examination Body obtains a designation under Article 16-2, paragraph (1), by unlawful means;
不正な手段により第十六条の二第一項の規定による指定を受けたとき。
In holding a hearing pertaining to a disposition under either of the preceding two paragraphs, the Minister of Land, Infrastructure, Transport and Tourism must provide a notification under Article 15, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993) and issue a public notice of the date and location of the hearing by no later than one week prior to the date thereof.
国土交通大臣は、前二項の規定による処分に係る聴聞を行うに当たつては、その期日の一週間前までに、行政手続法(平成五年法律第八十八号)第十五条第一項の規定による通知をし、かつ、聴聞の期日及び場所を公示しなければならない。
If a notification as provided for in the preceding paragraph is to be made according to a method as prescribed in Article 15, paragraph (3) of the Administrative Procedure Act, the reasonable period of time to be provided prior to the date of the hearing pursuant to the provisions of paragraph (1) of the same article must not be less than two weeks in length.
前項の通知を行政手続法第十五条第三項に規定する方法によつて行う場合においては、同条第一項の規定により聴聞の期日までにおくべき相当な期間は、二週間を下回つてはならない。
Proceedings on the date of the hearing as provided for in paragraph (3) must be open to the public.
第三項の聴聞の期日における審理は、公開により行わなければならない。
If the Minister of Land, Infrastructure, Transport and Tourism carries out a disposition under paragraph (1) or (2), said minister must notify the fact thereof to the relevant Delegating Prefectural Governor and issue a public notice of the fact thereof.
Article 16-16Notification of the revocation of delegation
第十六条の十六(委任の撤回の通知等)
If a Delegating Prefectural Governor determines that a Designated Examination Body will no longer conduct Examination Processes, said governor must provide notification of the fact thereof to the Designated Examination Body by no later than three months prior thereto.
If a Delegating Prefectural Governor determines that a Designated Examination Body has chosen to no longer conduct Examination Processes, said governor must issue a public notice of the fact thereof.
Article 16-17Conducting of Examinations by a Delegating Prefectural Governor
第十六条の十七(委任都道府県知事による試験の実施)
If a Designated Examination Body suspends Examination Processes in whole or in part pursuant to the provisions of Article 16-14, paragraph (1); if the Minister of Land, Infrastructure, Transport and Tourism issues an order to a Designated Examination Body to suspend Examination Processes in whole or in part pursuant to the provisions of Article 16-15, paragraph (2); or if it has become difficult for a Designated Examination Body to conduct Examination Processes in whole or in part due to a natural disaster or for other reasons; the Delegating Prefectural Governor is to conduct said Examination Processes in whole or in part notwithstanding the provisions of Article 16-2, paragraph (3).
委任都道府県知事は、指定試験機関が第十六条の十四第一項の規定により試験事務の全部若しくは一部を休止したとき、国土交通大臣が第十六条の十五第二項の規定により指定試験機関に対し試験事務の全部若しくは一部の停止を命じたとき、又は指定試験機関が天災その他の事由により試験事務の全部若しくは一部を実施することが困難となつた場合において国土交通大臣が必要があると認めるときは、第十六条の二第三項の規定にかかわらず、当該試験事務の全部又は一部を行うものとする。
If a Delegating Prefectural Governor is to conduct Examination Processes pursuant to the provisions of the preceding paragraph or if the reason for the conducting of Examination Processes by the Delegating Prefectural Governor pursuant to the provisions of the same paragraph no longer applies, the Minister of Land, Infrastructure, Transport and Tourism must promptly provide notification of the fact thereof to said Delegating Prefectural Governor.
If a Delegating Prefectural Governor receives a notification under the preceding paragraph, said governor must issue a public notice of the fact thereof.
第十六条の十八(試験事務の引継ぎ等に関する国土交通省令への委任)
The succession of Examination Processes and other required matters applicable in the event that a Delegating Prefectural Governor is to conduct Examination Processes pursuant to the provisions of paragraph (1) of the preceding article, in the event that the Minister of Land, Infrastructure, Transport and Tourism grants permission to discontinue Examination Processes pursuant to the provisions of Article 16-14, paragraph (1), or rescinds a designation pursuant to the provisions of Article 16-15, paragraph (1) or (2), or in the event that a Delegating Prefectural Governor determines that said governor will not have Examination Processes conducted by a Designated Examination Body is to be as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
前条第一項の規定により委任都道府県知事が試験事務を行うこととなつた場合、国土交通大臣が第十六条の十四第一項の規定により試験事務の廃止を許可し、若しくは第十六条の十五第一項若しくは第二項の規定により指定を取り消した場合又は委任都道府県知事が指定試験機関に試験事務を行わせないこととした場合における試験事務の引継ぎその他の必要な事項は、国土交通省令で定める。
第十六条の十九(受験手数料)
If a fee pertaining to Examinations is to be collected pursuant to the provisions of Article 227 of the Local Autonomy Act (Act No. 67 of 1947), a prefecture may, as specified by an Ordinance, have a person intending to take an Examination administered by a Designated Examination Body pursuant to the provisions of Article 16-2 pay said fee to said Designated Examination Body and treat said fee as revenue accruing thereto.
A prefectural governor may rescind the decision that such a person has passed who has taken or attempted to take an Examination by unlawful means or ban said person from taking said Examination.
都道府県知事は、不正の手段によつて試験を受け、又は受けようとした者に対しては、合格の決定を取り消し、又はその試験を受けることを禁止することができる。
A Designated Examination Body may exercise the authority of a Delegating Prefectural Governor as prescribed in the preceding paragraph.
A prefectural governor may, when circumstances warrant, identify a person subject to disposition under the preceding two paragraphs as someone who may not take an Examination for a prescribed period of time not exceeding three years.
第十七条の二(指定試験機関がした処分等に係る審査請求)
A request for review may be made to the Minister of Land, Infrastructure, Transport and Tourism against a disposition pertaining to Examination Processes carried out by a Designated Examination Body or its omission to act. In this case, the Minister of Land, Infrastructure, Transport and Tourism is deemed to be the higher administrative agency of the Designated Examination Body with regard to the application of the provisions of Article 25, paragraphs (2) and (3), Article 46, paragraphs (1) and (2), Article 47, and Article 49, paragraph (3) of the Administrative Complaint Review Act (Act No. 68 of 2014).
Article 17-3Registering a Registered Training Agency
第十七条の三(登録講習機関の登録)
Registration as provided for in Article 16, paragraph (3), is carried out by way of the application of a person intending to engage in operations relating to the administration of Registered Training (hereinafter referred to as "Training Course Operations").
第十七条の四(欠格条項)
A person falling under any of the following items may not obtain a registration as provided for in Article 16, paragraph (3):
次の各号のいずれかに該当する者は、第十六条第三項の登録を受けることができない。
a person who has been sentenced to a fine or a heavier the punishment as a result of having contravened this Act or any order under this Act and for whom two years have not yet passed since the day on which the person finished serving the sentence or to be subject to its enforcement;
この法律又はこの法律に基づく命令に違反し、罰金以上の刑に処せられ、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二年を経過しない者
a person whose registration as provided for in Article 16, paragraph (3), was rescinded pursuant to the provisions of Article 17-14 and for whom two years have not yet passed from the date of said rescission;
a corporation with an officer that has one of the following persons engaged in Training Course Operations who falls under either of the preceding two items.
Article 17-5Registration criteria
第十七条の五(登録基準等)
If Registered Training to be administered by a person who has applied for registration pursuant to the provisions of Article 17-3 is to be administered by an instructor as listed in the right column of the Appended Table corresponding to a course as listed in the left column thereof, the Minister of Land, Infrastructure, Transport and Tourism must carry out said registration. In such a case, procedures required concerning a registration is to be as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
A registration is to be carried out by stating the matters as listed below in a registry of Registered Training Agencies:
登録は、登録講習機関登録簿に次に掲げる事項を記載してするものとする。
date of registration and registration number;
登録年月日及び登録番号
name and address of the Registered Training Agency and, in the case of a corporation, the name of the representative thereof;
登録講習機関の氏名又は名称及び住所並びに法人にあつては、その代表者の氏名
location of the business office where the Registered Training Agency will carry out Training Course Operations;
in addition to what are listed in the three preceding items, matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
前三号に掲げるもののほか、国土交通省令で定める事項
Article 17-6Renewal of registration
第十七条の六(登録の更新)
A registration as provided for in Article 16, paragraph (3), will cease to be effective upon the expiration of a period of not less than three years as specified by Cabinet Order unless renewed each time at said frequency.
第十六条第三項の登録は、三年を下らない政令で定める期間ごとにその更新を受けなければ、その期間の経過によつて、その効力を失う。
The provisions of the preceding three articles apply mutatis mutandis to the renewal of a registration as provided for in the preceding paragraph.
前三条の規定は、前項の登録の更新について準用する。
A Registered Training Agency must carry out Training Course Operations fairly, and by a method that conforms to standards as prescribed in the provisions of Article 17-5, paragraph (1), and as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Article 17-8Notification of changes to registration matters
第十七条の八(登録事項の変更の届出)
If a Registered Training Agency intends to change a particular as listed in any of items (ii) through (iv) in Article 17-5, paragraph (2), said change must be notified of the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism by no later than two weeks prior to the date on which said change is intended to be made.
登録講習機関は、第十七条の五第二項第二号から第四号までに掲げる事項を変更しようとするときは、変更しようとする日の二週間前までに、その旨を国土交通大臣に届け出なければならない。
A Registered Training Agency must prescribe regulations governing Training Course Operations (hereinafter referred to as "Regulations Governing Training Course Operations") and provide a notification thereof to the Minister of Land, Infrastructure, Transport and Tourism prior to the commencement of Training Course Operations. The same applies when a Registered Training Agency intends to revise said regulations.
The method by which Registered Training will be administered, fees relating to Registered Training, and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism must be as specified in the Regulations Governing Training Course Operations.
Article 17-10Suspension or abolition of operations
第十七条の十(業務の休廃止)
If a Registered Training Agency intends to suspend or discontinue Training Course Operations in whole or in part, it must, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, provide a notification of the fact thereof in advance to the Minister of Land, Infrastructure, Transport and Tourism.
Article 17-11Maintaining and inspection financial statements
第十七条の十一(財務諸表等の備付け及び閲覧等)
A Registered Training Agency must prepare, within three months after the end of each business year, an inventory of property, balance sheet, income statement, statement of receipts and disbursements, and business report for said business year ( this includes electronic or magnetic records (meaning records used in computer data processing, which are created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; hereinafter the same applies in this Article)if electronic records are prepared in lieu of such written documents; referred to hereinafter in the next paragraph and Article 85-2 as "Financial Statements") and keep said documents at a business office of the Registered Training Agency for a period of five years.
A person intending to undergo Registered Training or another interested person may make any of the following requests at any time during the operating hours of a Registered Training Agency. Provided, however, that prescribed fees of the Registered Training Agency must be paid when making a request as provided for in item (ii) or (iv).
when Financial Statements have been prepared in written form, a request for inspection or copy said documents;
財務諸表等が書面をもつて作成されているときは、当該書面の閲覧又は謄写の請求
a request for a transcript or extract of documents as provided for in the preceding item;
前号の書面の謄本又は抄本の請求
when Financial Statements have been prepared in the form of electronic or magnetic records, a request for inspection or copying the output of matters recorded in said electronic or magnetic records as displayed by way of a method as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism;
a request for the provision of particulars recorded as an electronic or magnetic record under the preceding item by way of electronic or magnetic means as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism or a request for the issuance of documents containing said matters.
第十七条の十二(適合命令)
If the Minister of Land, Infrastructure, Transport and Tourism deems that a Registered Training Agency no longer conforms to the provisions of Article 17-5, paragraph (1), said minister may order said Registered Training Agency to take measures required to ensure conformity with the provisions of the same paragraph.
Article 17-13Amelioration order
第十七条の十三(改善命令)
If the Minister of Land, Infrastructure, Transport and Tourism deems that a Registered Training Agency has contravened the provisions of Article 17-7, said minister may order said Registered Training Agency to carry out Training Course Operations under Article 17-7 or take measures required for the amelioration of the method by which Registered Training is carried out or any other operational method.
Article 17-14Rescission of registration
第十七条の十四(登録の取消し等)
If a Registered Training Agency falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the registration thereof or order the suspension of Training Course Operations in whole or in part for a prescribed period:
when the Registered Training Agency comes to fall under Article 17-4 item (i) or (iii);
when the Registered Training Agency contravenes the provisions of any of Articles 17-8 through 17-10; Article 17-11, paragraph (1); or the following article;
第十七条の八から第十七条の十まで、第十七条の十一第一項又は次条の規定に違反したとき。
when the Registered Training Agency refuses a request under any of the items of Article 17-11, paragraph (2), without justifiable grounds for doing so;
正当な理由がないのに第十七条の十一第二項各号の規定による請求を拒んだとき。
when the Registered Training Agency contravenes an order under either of the preceding two articles;
前二条の規定による命令に違反したとき。
when the Registered Training Agency obtains a registration as provided for in Article 16, paragraph (3), by unlawful means.
不正の手段により第十六条第三項の登録を受けたとき。
第十七条の十五(帳簿の記載)
A Registered Training Agency must, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, prepare books, enter particulars concerning Training Course Operations as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism therein, and retain said books.
Article 17-16Collecting reports
第十七条の十六(報告の徴収)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary for maintaining the proper conducting of Training Course Operations, said minister may submit a request for a report required in connection with the status of Training Course Operations to a Registered Training Agency.
Article 17-17On-site inspection
第十七条の十七(立入検査)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary for maintaining the proper conducting of Training Course Operations, said minister may have officials enter the business office of a Registered Training Agency and inspect the status of Training Course Operations or the equipment, books, documents, and other materials and objects of the Registered Training Agency.
An official conducting an on-site inspection pursuant to the provisions of the preceding paragraph must carry personal identification and present said identification if requested to do so by a concerned person.
前項の規定により立入検査をする職員は、その身分を示す証明書を携帯し、関係人の請求があつたときは、これを提示しなければならない。
The authority to conduct an on-site inspection under paragraph (1) must not be interpreted as having been accorded for the purpose of a criminal investigation..
第一項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してはならない。
第十七条の十八(公示)
The Minister of Land, Infrastructure, Transport and Tourism must, in the following cases, issue a public notice of the fact thereof in the Official Gazette:
国土交通大臣は、次に掲げる場合には、その旨を官報に公示しなければならない。
when a registration as provided for in Article 16, paragraph (3), has been carried out;
第十六条第三項の登録をしたとき。
when a notification under Article 17-8 has been made;
第十七条の八の規定による届出があつたとき。
when a notification under Article 17-10 has been made;
第十七条の十の規定による届出があつたとき。
when a registration as provided for in Article 16, paragraph (3), is rescinded or a suspension of Registered Training Operations is ordered pursuant to the provisions of Article 17-14.
Article 18Registration of real estate transaction specialists
第十八条(宅地建物取引士の登録)
A person who passes an Examination and who has practical experience of a term equal to or greater than a term as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism or who is deemed by the Minister of Land, Infrastructure, Transport and Tourism to possess skills of a level that is at least equal to that of a person with said practical experience may, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, obtain a registration from the prefectural governor who administered said Examination. Provided, however, that this does not to apply to a person who falls under any of the following items:
a minor lacking the same capacity to act as an adult person in connection with a business pertaining to the Real Estate Brokerage;
宅地建物取引業に係る営業に関し成年者と同一の行為能力を有しない未成年者
a person who is subject to an order of commencement of bankruptcy proceedings and has not had their rights restored;
破産手続開始の決定を受けて復権を得ない者
a person whose license as provided for in Article 3, paragraph (1), was rescinded as a result of falling under Article 66, paragraph (1), item (viii) or (ix), and for whom five years have not yet passed from the date of said rescission (if the person whose license as provided for herein was rescinded is a corporation, an officer belonging to said corporation at any time within sixty days prior to the public notification of the date and location of hearings pertaining to said rescission and for whom five years have not yet passed from the date of said rescission);
第六十六条第一項第八号又は第九号に該当することにより第三条第一項の免許を取り消され、その取消しの日から五年を経過しない者(当該免許を取り消された者が法人である場合においては、当該取消しに係る聴聞の期日及び場所の公示の日前六十日以内にその法人の役員であつた者で当該取消しの日から五年を経過しないもの)
a person who submitted a notification under Article 11, paragraph (1), item (v), sometime between the date on which the date and location of a hearing for disposition by license rescission to be held as a result of the person falling under Article 66, paragraph (1), item (viii) or (ix), is publicly notified and the date of said disposition or the date on which it is determined that said disposition will not be imposed (excluding any person with reasonable grounds for the discontinuation of the Real Estate Brokerage) and for whom five years have not yet passed from the date of said notification;
第六十六条第一項第八号又は第九号に該当するとして免許の取消処分の聴聞の期日及び場所が公示された日から当該処分をする日又は当該処分をしないことを決定する日までの間に第十一条第一項第五号の規定による届出があつた者(宅地建物取引業の廃止について相当の理由がある者を除く。)で当該届出の日から五年を経過しないもの
a person falling under Article 5, paragraph (1), item (iv);
第五条第一項第四号に該当する者
a person who has been sentenced to imprisonment or a heavier punishment, and for whom five years have not yet passed since the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
拘禁刑以上の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から五年を経過しない者
a person who has been sentenced to the punishment of a fine as a result of having contravened a provision of this Act or the Act on Prevention of Unjust Acts by Organized Crime Group Members or committed a crime under Article 204, 206, 208, 208-2, 222, or 247 of the Penal Code or a crime under the Act on the Punishment of Physical Violence and Other Acts and for whom five years have not yet passed since the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
この法律若しくは暴力団員による不当な行為の防止等に関する法律の規定に違反したことにより、又は刑法第二百四条、第二百六条、第二百八条、第二百八条の二、第二百二十二条若しくは第二百四十七条の罪若しくは暴力行為等処罰に関する法律の罪を犯したことにより、罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から五年を経過しない者
a person who was subject to disposition by registration rescission as a result of falling under any of Article 68-2, paragraph (1), items (ii) through (iv) or paragraph (2), item (ii) or (iii) of the same article and for whom five years have not yet passed from the date of said disposition;
第六十八条の二第一項第二号から第四号まで又は同条第二項第二号若しくは第三号のいずれかに該当することにより登録の消除の処分を受け、その処分の日から五年を経過しない者
a person who submitted an application for a deletion of registration sometime between the date on which the date and location of a hearing for disposition by a deletion of registration to be held as a result of the person falling under Article 68-2, paragraph (1), items (ii) through (iv) or paragraph (2), item (ii) or (iii) of the same article is publicly notified and the date of said disposition or the date on which it is determined that said disposition will not be imposed (excluding any person with reasonable grounds for making an application for a deletion of registration) and for whom five years have not yet passed from the date on which said registration was deleted;
第六十八条の二第一項第二号から第四号まで又は同条第二項第二号若しくは第三号のいずれかに該当するとして登録の消除の処分の聴聞の期日及び場所が公示された日から当該処分をする日又は当該処分をしないことを決定する日までの間に登録の消除の申請をした者(登録の消除の申請について相当の理由がある者を除く。)で当該登録が消除された日から五年を経過しないもの
a person who, being subject to a disposition of prohibition under Article 68, paragraph (2) or (4), was subject to a deletion of registration pursuant to the provisions of Article 22, item (i), during the period of said prohibition and for whom said period has not yet expired.
a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being unable to properly carry out the affairs of a real estate transaction specialist due to a mental or physical disability.
心身の故障により宅地建物取引士の事務を適正に行うことができない者として国土交通省令で定めるもの
A registration as provided for in the preceding paragraph is to be carried out by a prefectural governor by stating the name, date of birth, address, other particulars as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, registration number, and date of registration in a registry of real estate transaction specialists.
前項の登録は、都道府県知事が、宅地建物取引士資格登録簿に氏名、生年月日、住所その他国土交通省令で定める事項並びに登録番号及び登録年月日を登載してするものとする。
Article 19Registration procedures
第十九条(登録の手続)
A person who is entitled to obtain a registration as provided for in paragraph (1) of the preceding article and who intends to obtain said registration must submit a registration application form to the prefectural governor as provided for in the same paragraph.
If a registration application form as provided for in the preceding paragraph is received, a prefectural governor must carry out the registration without delay.
都道府県知事は、前項の登録申請書の提出があつたときは、遅滞なく、登録をしなければならない。
Article 19-2Transfer of registration
第十九条の二(登録の移転)
If a person who has obtained a registration as provided for in Article 18, paragraph (1), engages in or intends to engage in operations of the business office of a Real Estate Broker situated in a prefecture other than the prefecture under the jurisdiction of the prefectural governor who carried out said registration, said person can submit an application for a registration transfer to the prefectural governor with jurisdiction over the location of said business office through the prefectural governor who carried out said registration. Provided, however, that this is not to apply if said person has been subject to a disposition of prohibition under Article 68, paragraph (2) or (4), and the period thereof has not yet expired.
Article 20Registration of change
第二十条(変更の登録)
If there has been a change to a particular subject to said registration, a person who has obtained a registration as provided for in Article 18, paragraph (1), must apply for a registration of change without delay.
第十八条第一項の登録を受けている者は、登録を受けている事項に変更があつたときは、遅滞なく、変更の登録を申請しなければならない。
Article 21Notification of death
第二十一条(死亡等の届出)
If a person who has obtained a registration as provided for in Article 18, paragraph (1), comes to fall under any of the following items, the person as specified in the applicable item must provide a notification of the fact thereof to the prefectural governor who carried out said registration within thirty days of the applicable date (for item (i), the date on which the fact corresponding thereto becomes known):
if the person has died:the successor thereto;
死亡した場合 その相続人
if the person comes to fall under any of Article 18, paragraph (1), items (i) through (viii): said person;
第十八条第一項第一号から第八号までのいずれかに該当するに至つた場合 本人
if the person comes to fall under Article 18, paragraph (1), item (xii): said person or their legal agent or a relative living with them.
第十八条第一項第十二号に該当するに至つた場合 本人又はその法定代理人若しくは同居の親族
Article 22Deletion of registration by application
第二十二条(申請等に基づく登録の消除)
A prefectural governor must delete a registration as provided for in Article 18, paragraph (1) if a case falls under any of the following items:
都道府県知事は、次の各号の一に掲げる場合には、第十八条第一項の登録を消除しなければならない。
when the person directly applies for a deletion of registration;
本人から登録の消除の申請があつたとき。
when a notification under the preceding article has been made;
前条の規定による届出があつたとき。
when no notification under item (i) of the preceding article has been made and a fact corresponding to the same item has been ascertained;
when a judgment of passing an Examination is rescinded pursuant to the provisions of Article 17, paragraph (1) or (2).
A person who has obtained a registration as provided for in Article 18, paragraph (1), may submit an application for the issuance of a real estate Transaction Specialist Identification Card to the prefectural governor who carried out said registration.
第十八条第一項の登録を受けている者は、登録をしている都道府県知事に対し、宅地建物取引士証の交付を申請することができる。
A person intending to receive a real estate Transaction Specialist Identification Card must undergo, within six months prior to the application for issuance, a course designated pursuant to the provisions of an Order of the Ministry of Land, Infrastructure, Transport and Tourism by the prefectural governor who carried out the registration thereof. Provided, however, that this is not to apply to a person who intends on receiving a real estate Transaction Specialist Identification Card within one year after the date on which said person passes an Examination or to a person who intends on receiving a real estate Transaction Specialist Identification Card as prescribed in paragraph (5).
The period of validity of a real estate Transaction Specialist Identification Card (excluding a real estate Transaction Specialist Identification Card issued pursuant to the provisions of paragraph (5)) is to be five years.
宅地建物取引士証(第五項の規定により交付された宅地建物取引士証を除く。)の有効期間は、五年とする。
If a registration is transferred pursuant to the provisions of Article 19-2 after a real estate Transaction Specialist Identification Card has been issued, said real estate Transaction Specialist Identification Card ceases to be effective.
宅地建物取引士証が交付された後第十九条の二の規定により登録の移転があつたときは、当該宅地建物取引士証は、その効力を失う。
If an application for the issuance of a real estate Transaction Specialist Identification Card is made together with an application for the transfer of a registration in a case as prescribed in the preceding paragraph, the post-transfer prefectural governor must issue a real estate Transaction Specialist Identification Card for which the period up to the expiration of the period of validity of the real estate Transaction Specialist Identification Card as provided for in the preceding paragraph is to be treated as the period of validity.
If a registration as provided for in Article 18, paragraph (1), is deleted or a real estate Transaction Specialist Identification Card ceases to be effective, a real estate transaction specialist must promptly return said real estate Transaction Specialist Identification Card to the prefectural governor that issued said real estate Transaction Specialist Identification Card.
If a real estate transaction specialist is subject to disposition by suspension under Article 68, paragraph (2) or (4), said specialist must promptly submit their real estate Transaction Specialist Identification Card to the prefectural governor that issued said real estate Transaction Specialist Identification Card.
A prefectural governor who has received a real estate Transaction Specialist Identification Card that was submitted pursuant to the provisions of the preceding paragraph must promptly return said real estate Transaction Specialist Identification Card, if a request for the return thereof is received from the submitting party in a case in which the period of prohibition as provided for in the same paragraph expires.
第二十二条の三(宅地建物取引士証の有効期間の更新)
The period of validity of a real estate Transaction Specialist Identification Card is to be renewed by submitting an application.
宅地建物取引士証の有効期間は、申請により更新する。
The provisions of the main clause of paragraph (2) of the preceding article apply mutatis mutandis to a person intending to renew the period of validity of a real estate Transaction Specialist Identification Card and the provisions of paragraph (3) of the same article apply mutatis mutandis to the period of validity of a renewed real estate Transaction Specialist Identification Card.
If a person concerned with transactions makes a request, a real estate transaction specialist must present their real estate Transaction Specialist Identification Card.
宅地建物取引士は、取引の関係者から請求があつたときは、宅地建物取引士証を提示しなければならない。
[deleted]
削除
In addition to what is prescribed in this chapter, required particulars in connection with Examinations, Registered Training, Registered Training Agencies, Designated Examination Bodies, registrations as provided for in Article 18, paragraph (1), transfers thereof, and real estate Transaction Specialist Identification Cards are to be as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.