# 出入国管理及び難民認定法 / Immigration Control and Refugee Recognition Act — 第三十八条 (Article 38) This is the Markdown twin of https://japanlaw.org/ja/immigration-control-act/art-38. Every law, and how to address a provision: https://japanlaw.org/llms.txt. The same laws as MCP tools (no sign-in): https://japanlaw.org/mcp. - Law: 出入国管理及び難民認定法 (Immigration Control and Refugee Recognition Act), 昭和二十六年政令第三百十九号 - English title "Immigration Control and Refugee Recognition Act": Ministry of Justice translation - Kind: Act — the distinction between 法律 (Act), 政令 (Cabinet Order), 省令 (Ministerial Order) and 条例 (local ordinance) decides who may issue it and what it may say. - Issued as a Cabinet Order and given the force of an Act, which is why its number says 政令: Some rules made during the Allied occupation were issued as Cabinet Orders, as orders implementing Japan's acceptance of the Potsdam Declaration, and an Act passed in 1952 gave them the force of an Act. They keep the Cabinet Order number they were issued under, which is why e-Gov lists the law as an Act while its number says 政令 (Cabinet Order). The Immigration Control and Refugee Recognition Act (出入国管理及び難民認定法) is one: it was promulgated in 1951 as the Immigration Control Order (出入国管理令), Cabinet Order No. 319 of 1951, has had the force of an Act under Article 4 of Act No. 126 of 1952, took its present title on 1 January 1982, and every amendment on e-Gov's record of it was made by an Act. - Provision: 第三十八条 (Article 38)（調書の作成） — address `art-38` - Text in force since: 2026-10-01 - URL (the page that opens at this provision): https://japanlaw.org/ja/immigration-control-act/art-38 - e-Gov law ID: 326CO0000000319 — never renamed. A permanent link, `/l/{lawId}/{address}` on this site, redirects to the page. - Every provision below carries its address and its URL on the line under it. - Japanese text: e-Gov 法令検索, Digital Agency (デジタル庁). English: as marked on each line below. Only the Japanese as published by the government has legal effect; the text below is a copy of it. Every English rendering below is a translation and says which kind: the Ministry of Justice's translation, or this site's machine translation, whose model and date the Sources list names. They are never merged and never substituted for one another. --- ### 第三十八条（調書の作成） — (Preparation of Written Evidence) caption: Ministry of Justice translation — Japanese Law Translation Database System art-38 · https://japanlaw.org/ja/immigration-control-act/art-38 **第一項** 入国警備官は、臨検、捜索、差押え又は記録命令付差押えをしたときは、これらに関する調書を作成し、立会人に閲覧させ、又は読み聞かせて、署名をさせ、かつ、自らこれに署名しなければならない。 art-38/par-1 · https://japanlaw.org/ja/immigration-control-act/art-38/par-1 In the event that the immigration control officer has conducted an official inspection, search, seizure or seizure with a recording order, the officer must prepare a written evidence thereof and have the observer inspect it, or read it aloud to the observer and have them sign it, and the officer must affix their own signature thereto. machine translation, not official **第二項** 前項の場合において、立会人が署名することができないとき、又は署名を拒んだときは、入国警備官は、その旨を調書に付記しなければならない。 art-38/par-2 · https://japanlaw.org/ja/immigration-control-act/art-38/par-2 In the case referred to in the preceding paragraph, if the observer is unable to sign or refuses to sign the written evidence, the immigration control officer must make an additional entry to that effect in the written evidence. Ministry of Justice translation — Japanese Law Translation Database System --- ## Cites - art-38/par-2: 前項 → 出入国管理及び難民認定法 第三十八条第一項 (Article 38, paragraph (1)), art-38/par-1 — https://japanlaw.org/ja/immigration-control-act/art-38/par-1 ## Cited by 2 provisions cite this one. No official source publishes this direction. - 出入国管理及び難民認定法 第三十八条第二項（調書の作成） — https://japanlaw.org/ja/immigration-control-act/art-38/par-2 - 出入国管理及び難民認定法施行規則 第三十四条第一項（臨検等の調書） — https://japanlaw.org/ja/immigration-control-act-enforcement-regulation/art-34/par-1 (e-Gov law ID 356M50000010054) --- ## Sources - e-Gov 法令検索, Digital Agency (デジタル庁) — 出入国管理及び難民認定法 — the text in force from 2026-10-01 (https://laws.e-gov.go.jp/law/326CO0000000319/20261001_508AC0000000032), retrieved 2026-10-05 - Japanese Law Translation Database System, Ministry of Justice (法務省) — Immigration Control and Refugee Recognition Act — Ministry of Justice translation (https://www.japaneselawtranslation.go.jp/en/laws/view/3624/tb), retrieved 2026-09-13 - claude-opus-5[1m] — Machine translation, batch immigration-control-act-20260913T134912-007, translated 2026-09-13 - This site's parser, version 225 — 出入国管理及び難民認定法 — structure, counts, cross-references and defined terms, computed 2026-10-05