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Part 2 The Basic Resident Registration Law
The Basic Resident Registration Law
(Law No. 81 of 1967 as amended through Law No. 103 of 2003)
Chapter 1 General Rules
(Purpose)
Article 1. In order to be the foundation of the transaction of affairs concerning residents, such as certification of residential relations and registration to voters list, simplify the notice concerning residential address and attempt proper control of the record concerning residents in municipality (hereinafter including special ward), the purposes of this law are to contribute to streamlining the administration in the national government and local public entities and improve residents' convenience by prescribing the Basic Resident Registration system that has precise and integrated records concerning residents.
(Responsibilities of the National Government and Prefecture)
Article 2. The national government and prefecture shall take necessary legal and other measures in order that all notice and other acts (called "notice concerning changes of status as resident" in next Article Paragraph 3 and Article 21) concerning changes about status as resident, such as changes of residents' address, household or householder and changes of residents' rights or obligation accompanying the changes to a mayor (hereinafter including head of a special ward) and other municipal executive organs will be made in single action and all transaction of affairs concerning residents will be based on Basic Resident Registration
(Responsibilities of the A mayor and Other Parties)
Article 3. A mayor always shall endeavor to have precise records by making Basic Resident Registration and take necessary measures in order to control the records concerning residents properly.
2. A mayor and other municipal executive organs shall endeavor to streamline the transactions of affairs concerning residents' acts, such as notification from residents, with controlling and executing affairs concerning residents based on basic resident registration.
3. Residents always shall endeavor to give precisely a notice concerning changes of status as residents, and shall not do any act that harms accuracy in the Basic Resident Registration, such as false notice.
4. Anyone shall endeavor to esteem individual fundamental human rights when he/she uses the things obtained by inspection of a copy of the part of Basic Resident Registration that was prescribed in Article 11 Paragraph 1 or execution of documents executed by the rules in this law, such as a copy of the Basic Resident Registration Card, a certification concerning an item described in the Basic Resident Registration, and a copy of the Additional Card to One's Family Registration.
(Interpretation of Rules in Laws Concerning Residents' Address)
Article 4. No one shall construe that rules in laws concerning residents' address prescribe an address that has intent different from the address defined in the Local Autonomy Law (Law No. 67 of 1947) Article 10 Paragraph 1.
Chapter 2 The Basic Resident Registration
(Provision of a Basic Resident Registration)
Article 5. A municipality has to provide a Basic Resident Registration and document items provided in Article 7
(Execution of a Basic Resident Registration)
Article 6. A Mayor has to execute a Basic Resident Registration by organizing resident cards of individuals into households.
2. A mayor is able to organize all or a part of a resident card when they consider that such a treatment is appropriate.
3. A mayor is able to make a resident card provided in paragraph 1 by using a magnetic disc (including things where some items can be recorded exactly like this. Same below).
(Description of a Resident Card)
Article 7. Descriptions of a resident card are following,
(1) Name
(2) Date of birth
(3) Male or female
(4) For a householder, the fact as such; for other household memberships, the name of the householder and the relationship with the householder
(5) An indication of a family registration; in case of a person whose permanent domicile doesn't exist or is unclear, the fact as such
(6) Date of becoming a resident
(7) Domicile; and in case of a person who changes his domicile within the same municipality, a date of deciding the present domicile
(8) For a person who newly move into a municipality, a date of a registration of the present domicile; in case that an official executes the domicile into the Basic Resident Registration, instead of the person himself/herself, a date of the execution) and a previous domicile
(9) For a person who is enrolled in a voters list, the fact as such
(10) For an insured of the National Health Insurance, provided in the National Health Insurance Law article 5 and 10. Same in Article 28 and 31.3), items about the certification, provided in a governmental ordinance
(10-2) For an insured of the Public Health Care, provided in the Public Health Care Law article 9 (excluding a type-2 insured, provided in article 9, paragraph 2. Same in Article 28-2 and Article 31, paragraph 3), items about the certification, provided in a governmental ordinance
(11) For an insured of the Nation's Pension, provided in the Nation's Pension Law article 7 and other laws provided by a government ordinance (excluding a type-2 insured, provided in the Law article 7, paragraph 1, item 2, and a type-3 insured, provided in article 7, paragraph 1, item 3. Same in Article 29 and Article 31, paragraph 3), items about the certification, provided in a governmental ordinance
(11-2) For a person who receives the Child Support, certified by the Child Support Law article 7 (Same in Article 29-2 and Article 31, paragraph 3), items about the certification, provided in a governmental ordinance
(12) For a person who receives the Rice Distribution, in case of the Rice Distribution by a government ordinance provided by the Main Food Distribution and Price Stabilization Law article 83, paragraph 1 (Same in Article 30 and Article 31, paragraph 3) and is provided by a government ordinance, items about the certification, provided in a governmental ordinance.
(13) Code of a resident card, provided by a ministerial ordinance of MPHPT (Same below)
(14) Other items, provided by a government ordinance
(Indication of a resident card)
Article 8. A mayor has to execute, extinguish, or modify descriptions of a resident card (named "execution etc" below, except in Article 18) by a notification provided by this Law or by his/her judgment, according to Article 30-2, paragraph 1 and 2, Article 30-3 paragraph 3, Article 30-4 and other provisions of a government ordinance.
(Notice to do an Execution etc between Mayors)
Article 9. When a mayor adds descriptions of a resident card of a resident, who moves into the municipality from another, to a Basic resident Registration, the mayor has to notify the fact to a mayor of a previous domicile as soon as possible.
2. When a mayor receives a request about a family registration from a person, who doesn't live in the municipality, or execute into the family registration by his/her judgment, the mayor has to notify the items to a mayor of a present domicile as soon as possible.
3. A notice provided in paragraph 1 has to be done by sending from a computer (including input-output device. Same below.) which a mayor, who sends the notice, uses to another computer which a mayor, who receives the notice, uses through an electronic line according to provisions of a government ordinance. But, in case provided by a ministerial ordinance of MPHPT, the mayor can notify differently.
(Notice about a Registration of a Voters List by an Election Administration Committee)
Article 10. When an election administration committee of a municipality adds a registration to a voters list by the Public Offices Election Law article 22, paragraph 1 and 2 or article 26 or extinguishes a registration from it by the Law article 28, it has to notify the fact to a mayor of the municipality as soon as possible.
(Inspection of a part of a Basic Resident Registration)
Article 11. Everyone is entitled to request to a mayor an inspection of a part of a Basic Resident Registration provided by the municipality. "A part of a Basic Resident Registration" means a copy of descriptions provided from Article 7, from item 1 to 3 and 7 (about item 7, only domicile. Same in this paragraph) (in case of a municipality provided a Basic Resident Registration by making a resident cards using by a magnetic disc by Article 6, paragraph 3, a paper printed descriptions provided from Article 7, item 1 to 3 and 7, same in this article and Article 50).
2. A request provided in paragraph 1 is required to clarify reasons of the request and other items provided by a minstrel ordinance of MPHPT. But, in case provided by a ministerial ordinance of MPHPT, the request can be done differently.
3. A mayor is able to refuse a request when the request is explicitly done for undue purposes, there is a fear to use information known from an inspection for undue purposes, or there are enough reasons to refuse the request.
(Issue of a Copy of a Resident Card)
Article 12. A person, who is registered in a Basic Resident Registration, is entitled to request a mayor, who provides the Basic Resident Registration which the person is registered in, to issue a copy of a resident card of himself/herself or of other household memberships (in case of a municipality provided a Basic Resident Registration by making a resident cards using by a magnetic disc, a paper printed descriptions of a resident card. Same below)
2. Everyone is entitled to request a mayor to issue a copy of a resident card, which the municipality provides, of a person who is not himself/herself and other household memberships without descriptions of Article 7, item 13 or a certification of descriptions, which are items provided in Article 7, from item 1 to 12 and 14, of the resident card
3. A request provided in paragraph 2 is required to clarify reasons of the request and other things, which provided by a ministerial ordinance of MPHPT. But, in case provided by a ministerial ordinance of MPHPT, the request can be done differently
4. Without a special request, in case of a request of issuing a copy of a resident card provided in paragraph 1, a mayor is able to issue a copy without all or a part of items provided in Article 7, item 4, 5 and from 9 to 14; in case of a request of issuing a copy of a resident card provided in paragraph 2, the mayor is able to issue a copy without all or a part of items provided in Article 7, item 4, 5, from 9 to 12 and 14.
5. A mayor is able to refuse a request provided paragraph 1 and 2, when the request is explicitly done for undue purposes.
6. A requestor of a request provided in paragraph 1 and 2 is able to ask to send him/her a copy of a resident card or a certification of descriptions of a resident card by mail or other methods provided by a ministerial ordinance of MPHPT.
(Special Treatment of Issue of a Copy of a Resident Card)
Article 12-2. A person, who is registered in a Basic Resident Registration, is entitled to request a mayor, who is not a mayor who provides the Basic Resident Registration which he/she is registered in (named "Domicile Mayor" in this article), to issue a copy of a resident card of himself/herself or of other household memberships without items provided in Article 7, item 5, from 9 to 12 and 14. In this case, the requestor has to show a Basic Resident Registration Card provided in Article 30-44, paragraph 1 or a certification provided by a ministerial ordinance of MPHPT.
2. A mayor who receives a request provided in paragraph 1 (named "Issuing Mayor" in this article) has to notify items provided by a governmental ordinance to a Domicile Mayor of a requestor.
3. A Domicile Mayor who receives a notice provided in paragraph 2 has to notify items provided by a governmental ordinance to an Issuing Mayor.
4. An Issuing Mayor who receives a notice provided in paragraph 3 has to issue a copy of a resident card for a request provided in paragraph 1 to the requestor. In this case, without a special request, the Issuing Mayor is able to issue a copy without all or a part of items provided in Article 7, item 5 and 13.
5. Notices provided in paragraph 2 and 3 have to be done by sending from a computer of a Domicile Mayor to another computer of an Issuing Mayor through an electrical line according to provisions of a government ordinance. Vies verse.
6. Article 12, paragraph 2 and 3 are applied to a request provided in paragraph 1. In this case, "a mayor" in Article 12, paragraph 5 is changed to "Issuing Mayor provided in Article 12-2, paragraph 2".
(Notice about a missing or a mistake of a Basic Resident Registration from a governor)
Article 12-3. When a governor finds a missing or a mistake of a Basic Resident Registration or a resident card of a municipality in his/her prefecture, on managing or doing his/her job, the governor has to notify the fact to a mayor of the municipality as soon as possible.
(Notice about a missing or a mistake of a Basic Resident Registration from an Election Administration Committee)
Article 13. When a committee of a municipality, provided in the Local Authority Law article 138-4, paragraph 1, finds a missing or a mistake of a Basic Resident Registration or a resident card of the municipality, on managing or doing its job, the committee has to notify the fact to a mayor of the municipality as soon as possible.
(Treatment to Ensure an Exact Record of a Basic Resident Registration)
Article 14. When a mayor finds a missing or a mistake of a Basic Resident Registration or a resident card of the municipality, on managing or doing its job, a notice by Article 10, 12-3 or 13 or an inspection by Article 34, paragraph 1 or 2, the mayor has to advise a person who has a duty to do 1.a notification, or to do other necessary treatment to ensure an exact record of the Basic Resident Registration.
2. When a person who is registered in a Basic Resident Registration finds a missing or a mistake of a resident card of himself/herself or his/her household members, the person has to notify the fact to a mayor of the municipality, which provides the Basic Resident Registration, as soon as possible.
(the Relationship with Voters List)
Article 15. A person, who is registered in a Basic Resident Registration and has a voting right, has to be registered in a voters list.
2. When a mayor executes descriptions of a resident card by Article 8, the mayor has to notify items related to a registration in a voters list among the description to an Election Administration Committee of the municipality as soon as possible.
3. An Election Administration Committee of a municipality has to endeavor not to use items notified by paragraph 2 for undue purposes.
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