Chapter I General Provisions
第一章 総則
第一条(目的等)
The purpose of this Act is to improve fairness and transparency (meaning clarity in the public understanding of the content and decision-making processes involved in administrative processes; the same applies in Article 46) of administrative operations, by specifying common matters concerning procedures for dispositions, administrative guidance and notifications, and procedures for establishing administrative orders or other orders, and thereby promote the protection of the rights and interests of the public.
When special provisions exist in other laws on the matters governed by this Act concerning procedures for dispositions, administrative guidance and notifications, and procedures for establishing administrative orders or other orders, those procedures are governed by the special provisions.
第二条(定義)
In this Act, the meanings of the terms stated in the following items are as prescribed in each of those items:
この法律において、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
laws and regulations:meaning laws, orders based on laws (including public notices), Prefectural Ordinances or Municipal Ordinances, and rules of the executive agencies of local governments (including regulations; referred to as "rules" below);
法令 法律、法律に基づく命令(告示を含む。)、条例及び地方公共団体の執行機関の規則(規程を含む。以下「規則」という。)をいう。
dispositions:meaning administrative dispositions or other acts constituting the exercise of public authority by administrative agencies;
処分 行政庁の処分その他公権力の行使に当たる行為をいう。
applications:meaning requests made based on laws and regulations, for permission, approval, licenses, or other dispositions by an administrative agency for gaining some benefit for the applicant oneself (referred to as "permission or other approvals" below), which are requests that the administrative agencies should respond to in the affirmative or negative;
adverse dispositions: meaning dispositions in which an administrative agency based on laws and regulations, designate specified persons as the person subject to the disposition and directly impose obligations upon them or limit their rights; provided, however, that the dispositions that fall under any of the following dispositions are excluded:
de facto acts and dispositions as procedures that are required by laws and regulations for clarifying the scope, timing or other factors in performing the de facto acts;
事実上の行為及び事実上の行為をするに当たりその範囲、時期等を明らかにするために法令上必要とされている手続としての処分
dispositions that refuse the permission or other approvals requested through applications and other dispositions that are rendered based on applications, which designate the persons who filed the applications as the persons subject to the disposition;
dispositions rendered with the consent of the persons who are to be persons subject to the disposition;
名あて人となるべき者の同意の下にすることとされている処分
dispositions which nullify the effect of a permission or other approvals, which are rendered because there has been a notification that the facts on which the applicable permission or other approvals had been based have ceased to exist;
administrative organs: meaning the organs stated in the following sub-items:
行政機関 次に掲げる機関をいう。
organs established under the Cabinet or under the jurisdiction of the Cabinet based on the provisions of laws, the Imperial Household Agency, organs provided for in Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999), organs provided for in Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948), the Board of Audit or organs established under those organs, or the employees of those organs that are authorized by laws to independently exercise authority; and
法律の規定に基づき内閣に置かれる機関若しくは内閣の所轄の下に置かれる機関、宮内庁、内閣府設置法(平成十一年法律第八十九号)第四十九条第一項若しくは第二項に規定する機関、国家行政組織法(昭和二十三年法律第百二十号)第三条第二項に規定する機関、会計検査院若しくはこれらに置かれる機関又はこれらの機関の職員であって法律上独立に権限を行使することを認められた職員
organs of local governments (excluding assemblies).
地方公共団体の機関(議会を除く。)
administrative guidance:meaning guidance, recommendations, advice, or other acts by an administrative organ seeking certain actions or inactions on the part of specified persons in order to realize certain administrative aims within the scope of its duties or processes under its jurisdiction, which do not fall under dispositions;
notifications:meaning acts performed to notify administrative agencies of certain matters (excluding those that fall under applications) which are directly obligated by laws and regulations to give the notifications (including those for which the notifications should be given in order to bring about certain legal effects the person anticipates);
administrative orders or other orders: the orders stated in the following sub-items which are established by the Cabinet or administrative organs:
命令等 内閣又は行政機関が定める次に掲げるものをいう。
orders based on laws (including public notices that prescribe the requirements of a disposition; simply referred to as "orders" in paragraph (2) of the following Article) or rules;
review standards (meaning the standards that are necessary for judging whether or not to grant a permission or other approvals sought by an application in accordance with the provisions of those laws and regulations; the same applies below);
disposition standards (meaning the standards that are necessary for judging whether or not to render adverse dispositions or the kind of adverse dispositions to be rendered; the same applies below); and
administrative guidance guidelines (meaning the matters that are to be the common content of administrative guidance when seeking to issue administrative guidance to multiple persons that meet certain conditions in order to achieve the same administrative aim; the same applies below).
行政指導指針(同一の行政目的を実現するため一定の条件に該当する複数の者に対し行政指導をしようとするときにこれらの行政指導に共通してその内容となるべき事項をいう。以下同じ。)
Article 3Exclusion from Application
第三条(適用除外)
The provisions of Chapter II through Chapter IV-2 do not apply to dispositions and administrative guidance stated in the following items:
a disposition rendered through a resolution of both Houses or one House of the Diet, or resolution by a local council;
国会の両院若しくは一院又は議会の議決によってされる処分
a disposition rendered by the judgment of a court or a judge, or rendered as enforcement of judicial decisions;
裁判所若しくは裁判官の裁判により、又は裁判の執行としてされる処分
a disposition that is required to be rendered through a resolution of both Houses or one House of the Diet or through resolution by a local council, or through obtaining the consent or approval of the Houses or the council;
国会の両院若しくは一院若しくは議会の議決を経て、又はこれらの同意若しくは承認を得た上でされるべきものとされている処分
a disposition that is required to be decided by the Audit Commission and administrative guidance to be issued during account audits;
a disposition rendered and administrative guidance issued by public prosecutor, a public prosecutor's assistant officer, or a judicial police official based on laws and regulations related to criminal cases;
a disposition rendered and administrative guidance issued by the Commissioner of the National Tax Agency, Regional Commissioner of a Regional Taxation Bureau, District Director of a tax office, the relevant officials of the National Tax Agency, a Regional Taxation Bureau, or a tax office, Director-General of Japan Customs, customs officials, or tax collectors (including persons that perform the duties of those officials based on the provisions of other laws and regulations) based on laws and regulations related to criminal cases involving national or local tax offenses (including as applied mutatis mutandis pursuant to other laws and regulations), and dispositions rendered and administrative guidance issued by the Securities and Exchange Surveillance Commission, its employees (including persons deemed to be its employee pursuant to the provisions of the laws and regulations), a director-general of a Local Finance Bureau, or a directors-general of a Local Finance Branch Bureau based on laws and regulations related to criminal cases involving financial instruments transactions (including as applied mutatis mutandis pursuant to other laws and regulations);
a disposition rendered and administrative guidance issued in schools, training schools, training centers, or training institutes to students, pupils, children or toddlers or their custodians, course participants, or trainees in order to achieve the purpose of education, schooling, or training;
a disposition rendered and administrative guidance issued in order to achieve the purpose of accommodation in prisons, juvenile prisons, jails, detention facilities, Coast Guard detention facilities, juvenile training schools, or juvenile classification homes;
a disposition rendered and administrative guidance issued to public employees (meaning the national public employees prescribed in Article 2, paragraph (1) of the National Public Service Act (Act No. 120 of 1947) and local public employees prescribed in Article 3, paragraph (1) of the Local Public Service Act (Act No. 261 of 1950); the same applies below) or former public employees regarding their duties or status;
a disposition and administrative guidance concerning emigration and immigration of foreign nationals, recognition of refugee status prescribed in Article 61-2, paragraph (1) of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951), recognition of status of persons eligible for complementary protection prescribed in paragraph (2) of that Article, and naturalization;
外国人の出入国、出入国管理及び難民認定法(昭和二十六年政令第三百十九号)第六十一条の二第一項に規定する難民の認定、同条第二項に規定する補完的保護対象者の認定又は帰化に関する処分及び行政指導
a disposition concerning results of examinations or certification examinations on a person's academic knowledge and skills;
専ら人の学識技能に関する試験又は検定の結果についての処分
a ruling or other dispositions (limited to cases in which both parties are subject to the rulings or dispositions) rendered and administrative guidance issued based on the provisions of laws and regulations for the purpose of adjusting the interests between persons with conflicting interests;
a disposition rendered and administrative guidance issued at the site where events concerning public health, environmental protection, prevention of epidemics, preservation of public safety, and other public interests arise or are likely to arise by police officers or coast guard officers, or other employees who have been given who have been directly given authority under laws to ensure these public interests;
a disposition that order the submission of reports or articles, and other dispositions rendered and administrative guidance issued for the direct purpose of collecting information necessary for the performance of duties;
an administrative determination, decision, and other dispositions rendered by administrative agencies for requests for review, requests for re-investigation, and other appeals; and,
審査請求、再調査の請求その他の不服申立てに対する行政庁の裁決、決定その他の処分
a disposition rendered or administrative guidance issued based on laws and regulations for procedures of the dispositions prescribed in the preceding item, procedures for hearings or for granting the opportunity for explanation prescribed in Chapter III, and other procedures for statement of opinions.
The provisions of Chapter VI do not apply to acts to establish the administrative orders or other orders stated in the following items:
次に掲げる命令等を定める行為については、第六章の規定は、適用しない。
Cabinet Orders which provide for the effective date of laws;
法律の施行期日について定める政令
the order or rule when acts specifying orders or rules fall under a disposition;
the order or rule that designates facilities, sections, areas, and other matters similar to them pursuant to the provisions of laws;
法律の規定に基づき施設、区間、地域その他これらに類するものを指定する命令又は規則
administrative orders or other orders concerning salaries, working hours, and other working conditions of public employees; or
the review standards, disposition standards, or administrative guidance guidelines, other than those made available to the public by the provisions of laws and regulations, as established practice, or the decision of organs that establish administrative orders or other orders.
Beyond what is stated in the items of paragraph (1) and the preceding paragraph, the provisions of Chapter II through Chapter VI do not apply to dispositions rendered (limited to dispositions for which the provisions that are the basis of the dispositions are in Prefectural or Municipal Ordinance, or in rules) and administrative guidance issued by the organs of local governments, notifications (limited to those for which the provisions that are the basis of the notice referred to in item (vii) of the preceding Article are in Prefectural or Municipal Ordinance, or in rules) given to the organs of local governments, and the acts by the organs of local governments of establishing administrative orders or other orders.
The provisions of this Act do not apply to a disposition rendered (limited to disposition for which those organs or entities are the party subjects to the disposition in their distinct status as government entities) and administrative guidance issued to national government organs, local governments or their organs, and notification given by the organs or associations (limited to the notification that organs or entities should give in their distinct status as government entities).
The provisions of Chapter II and Chapter III do not apply to dispositions rendered to the corporations that fall under any of the following items, and which are rendered based on special provisions of laws relating to the supervision of those corporations (excluding dispositions ordering the dissolution of those corporations or revoking the approval for their establishment or the dismissal of the officers of the corporations or the persons engaged in the business of the corporations):
次の各号のいずれかに該当する法人に対する処分であって、当該法人の監督に関する法律の特別の規定に基づいてされるもの(当該法人の解散を命じ、若しくは設立に関する認可を取り消す処分又は当該法人の役員若しくは当該法人の業務に従事する者の解任を命ずる処分を除く。)については、次章及び第三章の規定は、適用しない。
corporations directly established by laws or established by special act of establishment pursuant to the provisions of special laws; and,
法律により直接に設立された法人又は特別の法律により特別の設立行為をもって設立された法人
corporations that are established by special laws, and, among the corporations that require the approval of an administrative agency for their establishment, those whose business is designated by Cabinet Order as being closely related to the administrative operations of the national government or local governments, .
特別の法律により設立され、かつ、その設立に関し行政庁の認可を要する法人のうち、その行う業務が国又は地方公共団体の行政運営と密接な関連を有するものとして政令で定める法人
When an administrative agency designates a person to perform all or a part of the work for examinations, inspections, certified examinations, registrations based on the provisions of a law, or other administrative affairs, and the designated person (if the person is a corporation, its officer), or an employee or other persons are deemed to be employees engaged in public services in engaging in the work, the provisions of Chapter II and Chapter III do not apply to dispositions rendered to the designated person based on the law concerning the work for the purpose of supervision (excluding a disposition to revoke the designation, a disposition ordering the dismissal of an officer when the designated person is a corporation, or a disposition ordering the dismissal of the person engaged in the work for the designated person).
行政庁が法律の規定に基づく試験、検査、検定、登録その他の行政上の事務について当該法律に基づきその全部又は一部を行わせる者を指定した場合において、その指定を受けた者(その者が法人である場合にあっては、その役員)又は職員その他の者が当該事務に従事することに関し公務に従事する職員とみなされるときは、その指定を受けた者に対し当該法律に基づいて当該事務に関し監督上される処分(当該指定を取り消す処分、その指定を受けた者が法人である場合におけるその役員の解任を命ずる処分又はその指定を受けた者の当該事務に従事する者の解任を命ずる処分を除く。)については、次章及び第三章の規定は、適用しない。
The provisions of Chapter VI do not apply to the acts to establish the administrative orders or other orders stated in the following items:
次に掲げる命令等を定める行為については、第六章の規定は、適用しない。
administrative orders or other orders that provide for the establishment, the scope of affairs under jurisdiction, and other matters concerning the organization, of the national government or local governments;
国又は地方公共団体の機関の設置、所掌事務の範囲その他の組織について定める命令等
administrative orders or other orders that provide for the Record of Imperial Lineage referred to in Article 26 of the Imperial House Act (Act No. 3 of 1947) and other matters concerning the personal status of the Emperor and members of the Imperial Family;
皇室典範(昭和二十二年法律第三号)第二十六条の皇統譜その他天皇及び皇族の身分関係に関する事項について定める命令等
administrative orders or other orders that provide for the manners, uniform regulations, education and training, commendation and remuneration for public employees, and competitive examinations among the public employees;
administrative orders or other orders that provide for the budget, settlement of accounts, and accounting of the national government or local governments (excluding administrative orders or other orders that provide for the qualifications of bid participants, bid deposits, and other matters concerning the counterparties of the contract with the national government or local governments or the persons who seek to become the counterparties), and administrative orders or other orders that provide for the management of the property and articles of the national government or local governments (excluding administrative orders or other orders that provide for lending, exchanging, selling, transferring, entrusting the property or articles, or using them as subject of contribution, or establishing private rights on those acts, which provide for the matters concerning the counterparties of those acts or the persons who seek to become the counterparties);
国又は地方公共団体の予算、決算及び会計について定める命令等(入札の参加者の資格、入札保証金その他の国又は地方公共団体の契約の相手方又は相手方になろうとする者に係る事項を定める命令等を除く。)並びに国又は地方公共団体の財産及び物品の管理について定める命令等(国又は地方公共団体が財産及び物品を貸し付け、交換し、売り払い、譲与し、信託し、若しくは出資の目的とし、又はこれらに私権を設定することについて定める命令等であって、これらの行為の相手方又は相手方になろうとする者に係る事項を定めるものを除く。)
administrative orders or other orders that provide for auditing;
会計検査について定める命令等
administrative orders or other orders that provide for the relationship between organs of the national government, and administrative orders or other orders that provide for the relationship between the national government and ordinary local public entities and the mutual relationship between ordinary local governments, prescribed in Part II, Chapter XII of the Local Autonomy Act (Act No. 67 of 1947), and other relationships between the national government and local governments and mutual relationship between local governments (including administrative orders or other orders concerning the dispositions to which the provisions of this Act do not apply pursuant to the provisions of paragraph (1) of this Article); or
administrative orders or other orders that provide for the officers and employees, scope of business, financial affairs and accounting, and other matters concerning organization, operation, and management of the corporations prescribed in each item of paragraph (2) (excluding administrative orders or other orders related to dispositions rendered to those corporations that order the dissolution of the corporations or to revoke the approval for the establishment of the corporations, or to dismiss the officers or the employees engaged in the operation of the corporations).