4 Management of the items mentioned in the Resident Card
<1> Mention etc. by means of the notification submitted by residents
According to Article 8 of the Basic Resident Registration Law, mention (meaning making a new Resident Card for a specific individual, or adding a record of a household membership to the existing Household List, due to the causes of moving-in etc.), deletion (meaning removing a Resident Card in order to erase the Resident Card of a specific individual, or erasing a mention about a person who comes not to belong to the household in the case of the Household List, due to the causes of moving-out etc.), or revision (meaning revising the items mentioned in a Resident Card when the changes occurred in the items in the Resident Card for a specific resident, including the addition or deletion of a part of mention) of the Resident Card can be made by the notifications submitted by residents or by authority.
Article 21 of the Basic Resident Registration Law prescribes that all the notifications about change of the status as residents (meaning the notifications to the mayor or other executive organs about changes of the status as residents, including changes of residents' address, household, or householder etc., as well as those of rights and duties that are caused by such changes) shall be made only by means of the moving-in notification (Article 22 of the Basic Resident Registration Law), the remove notification (Article 23 of the Basic Resident Registration Law), the moving-out notification (Article 24 of the Basic Resident Registration Law), or the household change notification (Article 25 of the Basic Resident Registration Law).
These notifications shall be submitted in writing (Article 27 of the Basic Resident Registration Law), and the document shall include the address, the date of the notification, and the signature or sign and seal of those who submit the notifications (Article 26 of the Basic Resident Registration Law).
Those who are under the obligation of notification shall submit the notification in person within 14 days after the facts occurred in the case of moving-in, remove, or household change, and "in advance" in the case of moving-out. A householder can make a notification on behalf of one's household membership (Article 26, Paragraph 1 of the Basic Resident Registration Law). When a household membership can not make a notification in person, the householder shall make the notification on behalf of the household membership (Paragraph 2, ibid).
Residents shall always make efforts to submit a notification of change of the status as residents correctly, and have the obligation not to do the acts of impeding the correctness of the Basic Resident Registration, including the false notifications (Article 3, Paragraph 3 of the Basic Resident Registration Law). Those who submit a false notification shall be fined less than 50 thousand yen, except the cases sentenced by the provisions of other laws and cabinet orders (meaning the Faithless Written Crime for Notarial Deed, the attempted crime as prescribed in Article 157 of the Criminal Law, and the Fraud Registration Crime etc. as prescribed in Article 236 of the Public Offices Election Law) (Article 51, Paragraph 1 of the Basic Resident Registration Law). Moreover, those who do not submit a notification without good reason (in the case where a notification is impossible with inevitability, such as an earthquake disaster or storm and flood damages, or with illness etc.) are also fined 50 thousand yen (Paragraph 2, ibid). In addition, the Summary Court is to perform the trial about these fines (Article 52 of the Basic Resident Registration Law).
A. Moving-In Notification
Those who have moved in (meaning a new settlement in the boundary of a municipality, except the case of birth) shall submit a moving-in notification to the mayor of the moving-in municipality about the following matters within 14 days after the day when they moved in.
(1) Name
(2) Address
(3) Date of moving-in
(4) Old address
(5) Mention of being a householder in the case of householder, or the householder's name and one's relation to the householder in the case of non-householder
(6) Resident Card Code before moving-in
In submitting a moving-in notification, it is supposed that the moving-out certificate issued by mayor of the old address shall be submitted, except for those who moved in from outside the country (Paragraph 2, ibid). The moving-out certificate is made and issued by the mayor who received a moving-out notification, based on the records of the Basic Resident Registration. The items mentioned are as follows (Article 23 of the cabinet order of the Basic Resident Registration Law).
(1) Name
(2) Date of birth
(3) Distinction of sex
(4) Mention of being a householder in the case of householder, or the householder's name and one's relation to the householder in the case of non-householder
(5) Indication of Family Registration (in the case of those who do not have a permanent domicile or those whose permanent domicile is not clear, the mention of such)
(6) Address
(7) New address and the planned date of moving-out
(8) Mention of being the insured in the National health Insurance in such cases, and mention of being the retirement insured in such cases
(9) Mention of being the insured in the Nursing-Care Insurance in such cases
(10) Classification of the insured in the National Pension as well as the symbol and number of the National Pension Notebook in the case of the insured in the National Pension
(11) Mention of being the recipient of a child allowance in such cases
(12) Resident Card Code
In addition, it is due to become unnecessary to submit a moving-out certificate for those who have received issue of a Basic Resident Registration Card by transmitting the items mentioned in the moving-out certificate through the Basic Resident Registration Network System from the day set by a cabinet order by August, 2005. In this case, although the moving-out notification shall be accompanied with the mention of not being required a moving-out certificate (the moving-out notification with additional remark), the moving-out notification with additional remark can also be carried out by mailing (moreover, it is due to become possible to make online application by the Internet, as prescribed in "the Law of using the Information and Communications Technology in the Administrational Processes (Law No. 151 of 2003)").
B. Remove Notification
Those who removed (meaning a change of address inside the boundary of a municipality) shall notify the mayor of the following items within 14 days after the day when they removed (Article 23 of the Basic Resident Registration Law). It is necessary to submit the remove notification when those who are registered as "Apt. 1" in the Resident Card move to "Apt. 3" of the same Apartment.
(1) Name
(2) Address
(3) Date of remove
(4) Old address
(5) Mention of being a householder in the case of householder, or the householder's name and one's relation to the householder in the case of non-householder
C. Moving-Out Notification
Those who are going to move out (hereinafter meaning a transfer to the outside of the boundary of a municipality) shall notify the mayor of the name, the new address, and the planned date of moving-out in advance (Article 24 of the Basic Resident Registration Law). The mayor shall issue a moving-out certification in receiving the moving-out notification as prescribed in Article 24 of the Basic Resident Registration Law (Article 24, Paragraph 1 of the cabinet order of the Basic Resident Registration Law). When those who have been issued a moving-out certification lose, destruct, stain, or damage the moving-out certification, they can be reissued it (Paragraph 2, ibid).
In addition, "in advance" in Article 24 of the Basic Resident Registration Law means the period after the decision of moving-out till the departure of the address, including a notification within 14 days after moving-out in the case of not having enough time to submit a notification because of the sudden decision of moving-out.
D. Household change Notification
Article 25 of the Basic Resident Registration Law prescribed that except the notifications of moving-in, remove, and moving-out, those who (except those designated in the cabinet order) have the facts of changes in the household to which they belong or in the householder shall notify the mayor of the name, items changed, and the date when the changes occurred within 14 days after the day when the changes occurred.
That is, the household change notification is supposed to be made in the cases of setting up a new household, coming to belong to another household, and changing a householder without a change of address. Therefore, the household change notification is required only in the cases of (a) the occurrence of change of householder due to the causes of death of a householder, and (b) the foundation of a new household, the change of the household to which one belongs, and the change of a householder due to the facts of marriage, adoption or divorce etc. without a change of address.
Moreover, the relationship between the family registration about birth, death, marriage, and adoption, etc. and the household change notification are as follows.
In the case of birth, since the householder's name and family relationship with a householder are indicated to the birth certificate based on the Family Registration Law (Article 55 of the ministry order of the Family Registration Law), no special notifications are required.
In the case of death, since the dead person is naturally eliminated from a Resident Card by the notification based on the Family Registration Law, a notification about the change of a householder of the left household is required in the case of the dead being a householder.
Since marriage and adoption etc. are not always consistent with the change of a household, a notification is required separately.
In addition, when it is clear who to become a new householder in the case where a householder dies or changes one's address, a household change notification is not required, as designated by the cabinet order. Namely, it means the case where a householder is missing in two persons' household, and the other person who remains naturally becomes a householder (Article 25 of the cabinet order of the Basic Resident Registration Law).
E. Exception for Notification
In the case where those who shall submit notifications of moving-in, removal, moving-out or household change are the insured in the National Health Insurance, the Nursing-Care Insurance, or the recipient of a Child Allowance, it is required to append a note of the items to certify their qualification in each notification (Article 28 through Article 29.2, and Article 27 through Article 29 of the cabinet order of the Basic Resident Registration Law).
<2> Mention etc. by authority
When the mayor comes to know omissions or errors, or blanks in the Basic Resident Registration in the process of managing and doing office work, or by receiving notices, reports or requests from organizations and residents, and by implementing investigations as prescribed in Article 34 of the Basic Resident Registration Law, the mayor shall take measures necessary to secure correct records of the Basic Resident Registration by authority, such as mention, deletion, and revision of mention, including the reminder to those who have the obligation of the notification (Article 14, Paragraph 1 of the Basic Resident Registration Law).
The mention etc. of the Resident Card by authority is designated as follows by Article 12 of the cabinet order of the Basic Resident Registration Law.
(1) When the mayor comes to know that a notification has not been submitted despite the obligation prescribed in the provisions of the law, the mayor shall verify the facts of the items to be mentioned (if necessary make an investigation as prescribed in Article 34 of the Basic Resident Registration Law), and make a mention of the Resident Card by one's authority (Article 12, Paragraph 1 of the cabinet order of the Basic Resident Registration Law). Moreover, in doing the mention etc., the mayor shall notify those who are concerned with the mention etc. of the facts. When the address of the person to be notified is not clear or when notifying them is considered difficult, the mayor can use a public announcement in place of the notice (Paragraph 4, ibid).
(2) When the mayor comes to know that there are omissions or incorrect mentions in the Basic Resident Registration or the Resident Card, the mayor shall verify the facts and make a mention of the Resident Card by one's authority (Article 12, Paragraph 3 and Article 30-4 of the cabinet order of the Basic Resident Registration Law).
(3) The mayor shall make a mention etc. of the Resident Card in accordance with the provisions of this law when the provisions are applicable to the facts in the following cases (Article 12, Paragraph 2 of the cabinet order of the Basic Resident Registration Law).
(a) In the case of receiving a document of notification, an application, and other documents about the Family Registration, making a mention or record of the Family Registration by one's authority, or receiving a notice to the mayor of the current address (as prescribed in Article 9, Paragraph 2 of the Basic Resident Registration Law) from the mayor who made a mention of the Family Registration etc.
(b) In the case of receiving a notice of a mention or a deletion of the Voters List from the Election Administration Committee (Article 10 of the Basic Resident Registration Law)
(c) In the case of receiving a notification of acquisition or loss of the qualification of the insured in the National Health Insurance, confirming the facts of acquisition or loss of the qualification of the insured in the National Health Insurance, or confirming the facts of becoming the retirement insured etc. or becoming no longer the retirement insured etc.
(d) In the case of receiving a notification of acquisition or loss of the qualification of the insured in the Nursing-Care Insurance, or confirming the facts of becoming the insured in the Nursing-Care Insurance or becoming no longer the insured in the Nursing-Care Insurance
(e) In the case of receiving a notification of acquisition or loss of the qualification of the insured in the National Pension, confirming the facts of becoming the insured in the National Pension or becoming no longer the insured in the National Pension, receiving a notification of the change of classification of the insured in the National Pension, or confirming the facts about the change of classification of the insured in the National Pension
(f) In the case of officially acknowledging a person as applicable to the requirements for a Child Allowance as prescribed in Article 7 of the Child Allowance Law, or confirming the facts of disappearance of the causes to pay a Child Allowance
(g) In the case where the following verdict, decision, or the contents of judgment in a lawsuit differ from the records of the Basic Resident Registration.
a) A verdict for a request for examination and a decision for an objection, as prescribed in Article 31-3 of the Basic Resident Registration Law or an irrevocable judgment in a lawsuit about an administrative action made under the same Article
b) A decision about authorization of the address of a resident as prescribed in Article 33, Paragraph 2 of the Basic Resident Registration Law, or an irrevocable judgment of a lawsuit as prescribed in Paragraph 4 of the same Article
c) A decision about a proposal of an objection as prescribed in Article 24, Paragraph 2 of the Public Offices Election Law, or an irrevocable judgment of a lawsuit as prescribed in Article 25 of the same law
d) A decision about a statement of disagreement as prescribed in Article 19 of the Local Tax Law, or an irrevocable judgment of a lawsuit about an administrative action made under the same Article
e) A verdict about the request for examination as prescribed in Article 91, Paragraph 1 of the National Health Insurance Law, or an irrevocable judgment of a lawsuit about an administrative action made under the same paragraph
f) A verdict about the request for examination as prescribed in Article 183, Paragraph 1 of the Nursing-Care Insurance Law, or an irrevocable judgment of a lawsuit about an administrative action made under the same paragraph
g) A decision about the request for examination or a verdict about the request for reexamination as prescribed in Article 101, Paragraph 1 of the National Pension Law, or an irrevocable judgment of a lawsuit about an administrative action made under the same paragraph
(h) In the case where the display of the address is changed due to the change of an administrative district, a county, a division, and a section within a municipality, the change of a name of these, the change of lot number, or the enforcement or change of a housing display
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