Chapter III Miscellaneous Provisions
第三章 雑則
Article 25Basic Policy on the Management of Surplus Funds, etc.
第二十五条（余裕金の運用に関する基本方針等）
With regard to the management of surplus funds in operations belonging to the account for the operations set out in Article 18, paragraph (1), item (iv) of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency (hereinafter referred to as "surplus funds of the small enterprise mutual aid account"), the Organization must prepare a basic policy stating the purpose of management and other matters specified by Order of the Ministry of Economy, Trade and Industry, and manage those funds in accordance with that basic policy.
機構は、機構法第十八条第一項第四号に掲げる業務に係る勘定に属する業務上の余裕金（以下「小規模企業共済勘定余裕金」という。）の運用に関して、運用の目的その他経済産業省令で定める事項を記載した基本方針を作成し、当該基本方針に沿つて運用しなければならない。
The basic policy under the preceding paragraph must not be contrary to this Act (including orders issued pursuant to it) or other laws and regulations.
前項の規定による基本方針は、この法律（これに基づく命令を含む。）その他の法令に反するものであつてはならない。
Where the Organization manages surplus funds of the small enterprise mutual aid account by the following methods, it must, as provided by Order of the Ministry of Economy, Trade and Industry, indicate to the counterparty to the contract concerning that management that the funds are to be managed in line with the purport of the basic policy under paragraph (1), on the basis of consultation:
機構は、次に掲げる方法により小規模企業共済勘定余裕金を運用する場合においては、当該運用に関する契約の相手方に対して、協議に基づき第一項の規定による基本方針の趣旨に沿つて運用すべきことを、経済産業省令で定めるところにより、示さなければならない。
the method prescribed in Article 47, item (iii) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999);
独立行政法人通則法（平成十一年法律第百三号）第四十七条第三号に規定する方法
the method set out in Article 25, paragraph (1), item (ii) of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency;
機構法第二十五条第一項第二号に掲げる方法
the method designated by the Minister of Economy, Trade and Industry prescribed in Article 25, paragraph (2) of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency (excluding those specified by Order of the Ministry of Economy, Trade and Industry).
機構法第二十五条第二項に規定する経済産業大臣の指定する方法（経済産業省令で定めるものを除く。）
Article 26Duties of the President, Vice President and Directors
第二十六条（理事長、副理事長及び理事の義務）
The President, Vice President and directors of the Organization must, in the operations of managing surplus funds of the small enterprise mutual aid account, comply with laws and regulations, dispositions of the Minister of Economy, Trade and Industry made pursuant to laws and regulations, the business rules established by the Organization and other rules, and perform their duties faithfully for the Organization.
機構の理事長、副理事長及び理事は、小規模企業共済勘定余裕金の運用の業務について、法令、法令に基づいてする経済産業大臣の処分、機構が定める業務方法書その他の規則を遵守し、機構のため忠実にその職務を遂行しなければならない。
Article 27Prohibited Acts of the President, Vice President and Directors
第二十七条（理事長、副理事長及び理事の禁止行為）
The President, Vice President and directors of the Organization must not engage in the following acts for the purpose of promoting the interests of themselves or of a third party other than the Organization:
機構の理事長、副理事長及び理事は、自己又は機構以外の第三者の利益を図る目的をもつて、次に掲げる行為を行つてはならない。
causing the Organization to conclude a contract concerning the management of surplus funds of the small enterprise mutual aid account in order to receive, or after having received, the provision of a special benefit;
特別の利益の提供を受け、又は受けるために、小規模企業共済勘定余裕金の運用に関する契約を機構に締結させること。
causing the Organization to acquire, using surplus funds of the small enterprise mutual aid account, securities or other assets held by oneself or by a person having an interest in oneself, or causing assets relating to the management of surplus funds of the small enterprise mutual aid account to be acquired by oneself or by a person having an interest in oneself.
小規模企業共済勘定余裕金をもつて自己若しくは自己と利害関係のある者の有する有価証券その他の資産を機構に取得させ、又は小規模企業共済勘定余裕金の運用に係る資産を自己若しくは自己と利害関係のある者が取得するようにさせること。
第二十八条（あつせん）
Where a dispute arises between the Organization and an applicant for a mutual aid contract, a mutual aid policyholder or a surviving family member of the policyholder concerning the formation of a mutual aid contract or the effect of its cancellation, mutual aid benefits, etc. or premiums, and a request is made by the applicant for a mutual aid contract, the mutual aid policyholder or the surviving family member, the Minister of Economy, Trade and Industry may provide mediation for the resolution of the dispute.
The procedures for requesting mediation under the preceding paragraph and other matters necessary for mediation are specified by Order of the Ministry of Economy, Trade and Industry.
前項のあつせんの請求の手続その他あつせんに関し必要な事項は、経済産業省令で定める。
Article 29Review of the Amounts of Premiums and Mutual Aid Benefits, etc.
第二十九条（掛金及び共済金等の額の検討）
The amounts of premiums and mutual aid benefits, etc. are to be reviewed at least every five years on the basis of trends in, and projections of, the costs required for payment of mutual aid benefits, etc. and the amount of investment income.
掛金及び共済金等の額は、少なくとも五年ごとに、共済金等の支給に要する費用及び運用収入の額の推移及び予想等を基礎として、検討するものとする。
Article 30Free Certification of Family Register Documents
第三十条（戸籍書類の無料証明）
The mayor of a municipality (including the head of a special ward and, for a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), a ward head or general ward head) may, as provided by the Municipal Ordinance of that municipality (including a special ward), provide free certification, to the Organization or to a person who has the right to receive payment of mutual aid benefits, etc. (excluding a mutual aid policyholder), concerning the family register of a person who has the right to receive payment of mutual aid benefits, etc.
mutual aid contractmachine translation
「共済契約」
A contract under which a small-scale enterprise (小規模企業者) promises to pay premiums (掛金) to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), and the Organization promises to pay a mutual aid benefit (共済金) as the Small Enterprise Mutual Relief Projects Act provides when that person's business is closed or a similar event occurs.
Defined inArticle 2, paragraph (2)· applies throughout the law
the Organizationmachine translation
「機構」
The Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), an incorporated administrative agency, with which small-scale enterprises (小規模企業者) conclude mutual aid contracts (共済契約) and which pays the mutual aid benefits (共済金).
Short name set inArticle 2, paragraph (2)
mutual aid policyholdermachine translation
「共済契約者」
An individual business operator, or an officer of a company or of a small and medium-sized enterprise organization (中小企業団体), who is a party to a mutual aid contract (共済契約).
Defined inArticle 2, paragraph (3)· applies throughout the law
mutual aid benefit, etc.machine translation
「共済金等」
Mutual aid benefits (共済金) and cancellation refunds (解約手当金).
Short name set inArticle 3, paragraph (5), item (ii)
Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agencymachine translation
「機構法」
Short name for the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency (Act No. 147 of 2002).
Short name set inArticle 16-2, paragraph (1)
surplus funds of the small enterprise mutual aid accountmachine translation
「小規模企業共済勘定余裕金」
The Organization for Small and Medium Enterprises and Regional Innovation, JAPAN's surplus operating funds in its small enterprise mutual aid account, which it must invest under a basic policy it draws up setting out the aim of the investment and other matters a Ministry of Economy, Trade and Industry Order (経済産業省令) sets.
Short name set inArticle 25, paragraph (1)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.
family register
戸籍
The public record of who a person is related to by birth, marriage and adoption. One is made for each married couple and their children who share their surname, where they set their registered domicile (本籍); when a new register is made for a person married to a foreign national (外国人) or with no spouse, it is made for that person and their children who share their surname (Family Register Act, Article 6). The mayor of the municipality (in Tokyo's special wards and the wards of designated cities, the ward mayor) administers this work unless the Act provides otherwise (Articles 1 and 4). Besides the registered domicile, it records for each person their name and its reading, date of birth, why and when they entered the register, their parents and, for an adopted child, their adoptive parents, whether they are husband and wife, and the register they came from, among other things (Article 13). Entries are made on a notification (届出) — of a birth, a marriage, a divorce or a death, for example (Articles 49, 74, 76 and 86) — or on a report, an application, a court decision and a few other grounds (Article 15). When a marriage between a Japanese national and a foreign national is notified, a new family register is made for the Japanese national, not for the couple, unless the Japanese national already heads a register of their own (Article 6 and Article 16, paragraph (3)). A foreign national who lives in a municipality as a mid- to long-term resident (中長期在留者), a special permanent resident (特別永住者) or in one of a few other categories is recorded in that municipality's resident record (住民票): instead of the family register entry a Japanese resident's record carries, it states their nationality, and for a mid- to long-term resident their status of residence (在留資格) and period of stay (Residential Basic Book Act, Article 30-45). A foreign national in none of those categories is not recorded there (Article 39).
Written by AI using Family Register Act, Arts. 1, 4, 6, 13, 15, 16, 49, 74, 76, 86 and Residential Basic Book Act, Arts. 7, 30-45, 39 as a reference.
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.