|
Chapter 5 Miscellaneous
(National or prefecture governments' advice)
Article 31. National government should give prefectures/municipalities some advices for the administration of this law when the advices are necessary for this law's purpose. Prefectures should give municipalities the advices when the advices are necessary for this law's purpose.
2. The minister can ask governors'/mayors' reports, can give them some advices or recommendations on the administration of the paragraph 1, when the minister judges them necessary. Governors can ask mayors' reports, can give them some advices or recommendations when the governors judge them necessary.
3. When the minister make the advises or recommendations by the paragraph 1, the minister should consult with the Minister of Health and Labor, when the advices or recommendations are on the recipients of National Health Insurance, National Nursing Care Insurance, National Pension, Child Care Allowance. The minister should consult with the Minister of Agriculture, in case the advices or recommendations are on the recipients of the rice distribution.
4. Governors can ask the advices or recommendations of the paragraph 2 for the minister. Mayors can ask them for the minister or governors.
(Exception of the Dew Process Law)
Article 31-2. Chapter 2 and 3 of the Dew Process Law will not be applied on the mayors' actions by this law.
(Exception of the Law on the Application of Information and Technology for Administrative Procedure)
Article 31-3. Article 6 of the Law on the Application of Information and Technology for Administrative Procedure will not be applied on the execution of Resident Cards and Additional Cards on One's Family Registration by this law.
(Complaints)
Article 31-4. One who has some objection against mayor's procedure by this law can petition the governor for the review. In this case, he or she can complain against the mayor.
(Complaints and Legal Actions)
Article 32. n the case of Article 31-4, he or she can not sue for withdrawal of mayor's procedure before the judgment of governor.
(Measure in case the mayors' opinions are different)
Article 33. Mayor should ask governor's judgment (the Minister's judgment in case each municipality is in the different prefecture) when the mayor has different opinion on the certification of residence from other mayor and the negotiation between the mayors does not finish.
2. The Minister or governor should make the judgment within 60 days from the day he or she receive the request of the former paragraph.
3. The judgment of the former paragraph should be written and the notification should be sent to the mayors with the reason.
4. The mayors can sue within 30 days from the day he or she receive the notification of the former paragraph in case he or she has objection against the judgment of the paragraph 2.
(Inspections)
Article 34. Mayor should inspect the affairs of the article 7 regularly.
2. Mayor can inspect the affairs of the article 7 at any time when he or she recognizes the inspection is necessary.
3. Mayor can make his or her official ask some questions or ask some documents for somebody who is related in case the mayor recognizes these actions are necessary
4. In the case of the former paragraph, the official should carry the identification card and he or she should show it when he or she is requested from the person who is related.
(Reports and Inspections)
Article 34-2. Governor can request the report on the necessary affairs and can make his or her official enter the suspect's office and inspect the suspect's documents or other things in case the governor recognizes with some reason that the suspect is against the paragraph 2 or 3 of the article 30-43 and the governor recognizes these actions are necessary for the procedure by the paragraph 4 or 5 of the article 30-43.
2. In the case of former paragraph, the official should carry the identification card and show it for the person who is related.
3. The governor's power for the inspection of the paragraph 1 is not given for criminal investigation.
(Obligation to Keep Official Secrets)
Article 35. The official who is in charge of the inspection for the Basic Resident Registration, or who was, should keep official secrets.
(Protection of the Residents' Records)
Article 36. The official who is in charge of the affairs on Basic Resident Registration or Additional Card to One's Family Registration on mayor's commission, or who was, should keep official secrets and should not use them for illegal purposes.
(Protection of the Information Recorded on Resident Card)
Article 36-2. Mayor should take appropriate actions for the prevention of leakage, missing, or destruction of the affairs on Resident Card or Additional Card on One's Family Registration when mayor administrate the affairs on Basic Resident Registration or Additional Card to One's Family Registration.
2. The former paragraph will be applied when the person who is entrusted the affairs by mayor administrate the affairs on Basic Resident Registration or Additional Card to One's Family Registration.
(Dealing with Complaints)
Article 36-3. Mayor should make effort to deal with complaints against his or her procedure by this law appropriately and speedy.
(Request of Documents)
Article 37. Administrative Authorities of National Government or governors can ask mayors to submit some documents which are recorded on Basic Resident Registration in case the documents are necessary for the mission of administrative authorities or governors.
2. Administrative Authorities of National Government can ask governors to submit some documents on Personal Identification Information in the preservation term in case the documents are necessary for the mission of Administrative Authorities.
(Exception on the Designated Cities)
Article 38. In case this law is applied to the cities designated by the paragraph 1 of the Article 252-19 the Local Autonomy Law (hereafter called 'Designated Cities'), the wards will be considered to be cities, the area of ward will be considered to be the area of cities, and the chiefs of the wards will be considered mayor, as described by the cabinet order.
2. Adding to the former paragraph, some exceptions on the application of this law for the Designated Cities can be enacted by cabinet order.
(Exception)
Article 39. This law will not be applied for the person who does not have Japanese nationality or the person who are designated by cabinet order.
(Minister)
Article 40. In this law, the minister who is in charge of the administration is the Minister of General Affairs. But, the Minister of Justice and the Minister of General Affairs are in charge of the affairs on the notification by the paragraph 2 of the article 9 and the affairs on Additional Card on One's Family Registration.
(Commission to Cabinet Orders)
Article 41. The procedure and miscellaneous affairs necessary for administration of this law will be enacted by cabinet orders.
Chapter 6 Penal Regulations
Article 42. The person who in violation of Article 30-17, Paragraph 1 or 2, Article 30-31, Paragraph 1 or 2, or Article 30-35 Paragraph 1 through 3 discloses secrets shall be sentenced to a maximum of two years of imprisonment with hard labor, or a maximum fine of 1,000,000 yen.
Article 43. The officer or staff member of the Appointed Information Processing Organization who violates an order to suspend the affairs related to personal identification information and so on as provided in Article 30-25, Paragraph 2 shall be sentenced to a maximum of one year of imprisonment with hard labor, or a maximum fine of 500,000 yen.
Article 44. The person who violates an order as provided in Article 30-43, Paragraph 5 shall be sentenced to a maximum of one year of imprisonment with hard labor, or a maximum fine of 500,000 yen.
Article 45. The person who in violation of Article 35 discloses secrets shall be sentenced to a maximum of one year of imprisonment with hard labor, or a maximum fine of 300,000 yen.
Article 46. Any officer or staff member of the Appointed Information Processing Organization who violates one of the following items shall be sentenced to a maximum fine of 300,000 yen.
(1) When such officer or staff member does not prepare any books, enters no records in books, makes false records in the books, or does not maintain the books in violation of Article 30-21;
(2) When such officer or staff member fails to report in accordance with the provisions of Article 30-23, Paragraph 1 or 2, submits a false report, or refuses, obstructs or evades the inspection with the same paragraph;
(3) When such officer or staff member abolishes all the affairs related to personal identification information and so on without any permission as provided in Article 30-24, Paragraph 1;
Article 47. The person who fails to report in accordance with the provisions of Article 34-2, Paragraph 1, submits a false report, or refuses, obstructs or evades the inspection with the same paragraph shall be sentenced to a maximum fine of 200,000 yen.
Article 48. When a representative of a judicial person or proxy, servant or other employee of a judicial person or person commits a violation as provided in Article 44 or the previous article related to the affairs of such judicial person or person, not only such representative, proxy, servant or other employee but also such judicial person or person shall be subjected to an applicable punishment as provided in these articles.
Article 49. The person who fails to answer the question in accordance with the provisions of Article 34, Paragraph 3, makes a false statement about the question, or refuses, obstructs or evades to turn in a document, or turns in a false document shall be sentenced to a maximum fine of 50,000 yen.
Article 50. The person who refers to a copy of the part of the basic resident registration as provided in Article 11, Paragraph 1, receives a copy of a resident card or a certificate related to the contents in a resident card as provided in Article 12, Paragraph 1 or 2, receives a copy of a resident card as provide in Article 12-2, Paragraph 1, receives a copy of an additional card of to the family registration as provided in Article 20, Paragraph 1, or makes governors or the Appointed Information Processing Organization disclose the personal identification information as provided in 30-37, Paragraph 2 based on injustice or other unreasonable means shall be sentenced to a maximum fine of 100,000 yen.
Article 51. The person who submits a false notification related to notifications as provided in Article 22 through 24 or Article 25 (including supplementary notes as provided in Article 24-2, Paragraph 1 or 2, or Article 28 through 30) shall be sentenced to a maximum fine of 50,000 yen if he shall not be sentenced based on other laws.
2. The person who does not submit a notification related to notifications as provided in Article 22 through 24 or Article 25 without any reasonable reason shall be sentenced to a maximum fine of 50,000 yen.
Article 52. The trial related to the fine as provided in the previous two articles is dealt with by the summary court.
|
