Article 15-2Duties Specified by Cabinet Order as Prescribed in Article 12-3, paragraph (4), item (v) of the Act
第十五条の二(法第十二条の三第四項第五号に規定する政令で定める業務)
The duties specified by Cabinet Order as prescribed in Article 12-3, paragraph (4), item (v) of the Act are the following duties:
法第十二条の三第四項第五号に規定する政令で定める業務は、次に掲げる業務とする。
For an attorney (including a legal professional corporation and a joint corporation of attorneys and registered foreign lawyers), services as an agent in procedures for resolving civil or administrative disputes in court proceedings or out of court (for a legal professional corporation and a joint corporation of attorneys and registered foreign lawyers, excluding the services as an agent prescribed in the items of Article 30-6, paragraph (1) of the Attorneys Act (Act No. 205 of 1949) (including as applied mutatis mutandis in Article 80, paragraph (1) of the Act on the Handling of Legal Services by Foreign Lawyers (Act No. 66 of 1986)));
弁護士(弁護士法人及び弁護士・外国法事務弁護士共同法人を含む。)にあつては、裁判手続又は裁判外における民事上若しくは行政上の紛争処理の手続についての代理業務(弁護士法人及び弁護士・外国法事務弁護士共同法人については、弁護士法(昭和二十四年法律第二百五号)第三十条の六第一項各号(外国弁護士による法律事務の取扱い等に関する法律(昭和六十一年法律第六十六号)第八十条第一項において準用する場合を含む。)に規定する代理業務を除く。)
For a judicial scrivener (including a judicial scrivener corporation), the services as an agent prescribed in Article 3, paragraph (1), item (iii) and items (vi) through (viii) of the Judicial Scriveners Act (Act No. 197 of 1950) (excluding the consultation services prescribed in items (vii) and (viii) of that paragraph and, for a judicial scrivener corporation, the services as an agent prescribed in item (vi) of that paragraph);
司法書士(司法書士法人を含む。)にあつては、司法書士法(昭和二十五年法律第百九十七号)第三条第一項第三号及び第六号から第八号までに規定する代理業務(同項第七号及び第八号に規定する相談業務並びに司法書士法人については同項第六号に規定する代理業務を除く。)
For a land and house investigator (including a land and house investigator corporation), services as an agent in procedures for a request for review prescribed in Article 3, paragraph (1), item (ii) of the Land and Buildings Investigator Act (Act No. 228 of 1950), and the services as an agent prescribed in items (iv) and (vii) of that paragraph;
土地家屋調査士(土地家屋調査士法人を含む。)にあつては、土地家屋調査士法(昭和二十五年法律第二百二十八号)第三条第一項第二号に規定する審査請求の手続についての代理業務並びに同項第四号及び第七号に規定する代理業務
For a certified public tax accountant (including a certified public tax accountant corporation), services as an agent concerning the appeal prescribed in Article 2, paragraph (1), item (i) of the Certified Public Tax Accountant Act (Act No. 237 of 1951) and assertions or statements relating thereto;
税理士(税理士法人を含む。)にあつては、税理士法(昭和二十六年法律第二百三十七号)第二条第一項第一号に規定する不服申立て及びこれに関する主張又は陳述についての代理業務
For a labor and social security attorney (including a labor and social security attorney corporation), services as an agent concerning the requests for review and requests for re-examination prescribed in Article 2, paragraph (1), item (i)-3 of the Act on Public Consultants on Social and Labour Insurance (Act No. 89 of 1968) and assertions or statements made to the administrative organs, etc. concerned with regard to investigations or dispositions by those administrative organs, etc. relating to them, and the services as an agent prescribed in items (i)-4 through (i)-6 of that paragraph (excluding the consultation services prescribed in Article 2, paragraph (3), item (i) of that Act);
社会保険労務士(社会保険労務士法人を含む。)にあつては、社会保険労務士法(昭和四十三年法律第八十九号)第二条第一項第一号の三に規定する審査請求及び再審査請求並びにこれらに係る行政機関等の調査又は処分に関し当該行政機関等に対してする主張又は陳述についての代理業務並びに同項第一号の四から第一号の六までに規定する代理業務(同条第三項第一号に規定する相談業務を除く。)
For a patent attorney (including a patent professional corporation), services as an agent in procedures before the Japan Patent Office prescribed in Article 4, paragraph (1) of the Patent Attorneys Act (Act No. 49 of 2000) (limited to appeals) and in procedures before the Minister of Economy, Trade and Industry concerning requests for review and rulings (limited to revocation of a ruling), services as an agent in procedures before the director-general of a customs house or the Minister of Finance prescribed in paragraph (2), item (i) of that Article (limited to appeals), the services as an agent prescribed in item (ii) of that paragraph, services as an agent in the litigation procedures prescribed in Article 6 of that Act, and services as an agent in the procedures for specified infringement litigation prescribed in Article 6-2, paragraph (1) of that Act (for a patent professional corporation, excluding services as an agent in the litigation procedures prescribed in Article 6 of that Act and services as an agent in the procedures for specified infringement litigation prescribed in Article 6-2, paragraph (1) of that Act).
弁理士(弁理士法人を含む。)にあつては、弁理士法(平成十二年法律第四十九号)第四条第一項に規定する特許庁における手続(不服申立てに限る。)、審査請求及び裁定に関する経済産業大臣に対する手続(裁定の取消しに限る。)についての代理業務、同条第二項第一号に規定する税関長又は財務大臣に対する手続(不服申立てに限る。)についての代理業務、同項第二号に規定する代理業務、同法第六条に規定する訴訟の手続についての代理業務並びに同法第六条の二第一項に規定する特定侵害訴訟の手続についての代理業務(弁理士法人については、同法第六条に規定する訴訟の手続についての代理業務及び同法第六条の二第一項に規定する特定侵害訴訟の手続についての代理業務を除く。)
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director-general of a customs house
税関長
The head of a customs house (税関), a local office of the Ministry of Finance (Act for Establishment of the Ministry of Finance, Article 12, paragraph (1)). A customs house collects customs duties and controls imported and exported goods (Article 16, paragraph (1), with Article 4, paragraph (1), items 25 and 26), and it also levies and collects the internal taxes (内国税, taxes other than customs duties, such as consumption tax) that a law puts in its hands (Article 16, paragraph (1), item (iv)). For consumption tax that means taxable goods (課税貨物) taken out of a bonded area (保税地域, a zone where imported goods are held before customs clearance): unless another law or a treaty exempts them, the person taking them out files the return with the director-general of a customs house, not with a tax office (Consumption Tax Act, Article 47, paragraphs (1) and (2)), and where the customs authorities fix the tax themselves, that director-general collects it when the goods are taken out (Article 50, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 4, 12, 16 and Consumption Tax Act, Arts. 47, 50 as a reference.
request for re-examination
再審査請求
A further request, by a person who objects to the determination (裁決) on a request for review (審査請求) of a disposition (処分), that can be made only where an Act provides for one against that disposition (Administrative Complaint Review Act, Article 6, paragraph (1)). It is made to the administrative agency (行政庁) that Act names, against either the original determination (原裁決) or the disposition itself (paragraph (2)): the Employees' Pension Insurance Act, for instance, has it made to the Social Insurance Examination Committee (社会保険審査会) against a social insurance examiner's (社会保険審査官) decision, and disapplies the Administrative Complaint Review Act's rules on it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Another Act can set rules of its own for it in this way (Administrative Complaint Review Act, Article 1, paragraph (2)). Under the Administrative Complaint Review Act, it must be made within one month of the day after the person learned of the original determination and within a year of it, unless there is a justifiable reason (Article 62). The agency reviewing it decides it by a determination: it dismisses a request that is unlawful, for instance one made too late; rejects one that is groundless, or one where the original determination turned down the request for review wrongly but the disposition was neither unlawful nor unjust; and, where one is well founded, revokes the original determination or the disposition in whole or in part — unless revoking it, or abolishing a de facto act, would seriously harm the public interest, when the agency can reject the request while declaring the determination or disposition unlawful or unjust (Articles 64, paragraphs (1) to (4), and 65, paragraph (1)). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders the agency that made the disposition to abolish it in whole or in part (Article 65, paragraph (2)). An agency making a determination against which this request can be made must say so in it, naming the agency to make it to and the time allowed (Article 50, paragraph (3)).
Written by AI using Administrative Complaint Review Act, Arts. 1, 6, 50, 62, 64, 65 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.