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Quarantine Act


Published: 2006

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Quarantine Act
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to prevent infectious disease-causing pathogens that are not native to Japan from entering the country via marine vessels or aircrafts as well as to ensure that necessary measures are taken to prevent other infectious diseases involving vessels or aircrafts.
(Quarantinable Infectious Disease)
Article 2 The term "Quarantinable Infectious Disease" as used in this Act shall mean the infectious diseases listed below:
(i) Class I infectious diseases prescribed in the Prevention of Infectious Diseases and Medical Care for Infectious Patients Act (Act No. 114 of 1998)
(ii) In addition to the diseases listed in the previous item, diseases specified by a Cabinet Order as requiring examination (whether or not there are any disease-causing pathogens that are not native to Japan) in order to prevent such disease-causing pathogens from entering the country.
(Application of this Act to Suspected Disease Carriers and Disease Carriers Who Have No Symptoms)
Article 2-2 (1) This Article shall also apply to a suspected disease carrier of the infectious disease listed in Item 1 of the preceding article, as such persons are deemed infectious patients.
(2) This Article shall also apply to someone who is a carrier of the infectious disease-causing pathogens, listed in Item 1 of the preceding article, but has no symptoms, as such persons are deemed infectious patients as listed in Item 1 of the preceding article.
(Quarantine Port, etc.)
Article 3 The term "quarantine port" or "quarantine airport" as used in this Act shall mean ports or airports specified by a Cabinet Order respectively.
Chapter II Quarantine
(Prohibition of Entry into Port etc.)
Article 4 The master or aircraft captain (including a person who fulfills a duty on behalf of them. The same shall apply hereinafter) of a marine vessel or aircraft listed below (hereinafter called as "vessel from abroad" or "aircraft from abroad" respectively) shall not put such a vessel into port in Japan (into Honshu, Hokkaido, Shikoku, Kyushu, or their neighboring islands, as specified by an Ordinance of the Health, Labour and Welfare Ministry. The same shall apply hereinafter), nor shall such aircraft land on the ground or on the enter waters, including waters in the ports, in Japan except quarantine airports, before a quarantine certificate or a provisional quarantine certificate (including notices listed in Article 17-2. The same shall apply hereinafter except Article 9) is delivered; provided however, that this shall not apply to cases where the master of a marine vessel from abroad puts the vessel into a quarantine area specified in Article 8-1 or any area specified by Article 8-3 in order to go through quarantine, or puts the vessel into port (except the quarantine area specified by Article 8-1 or any area specified by Article 8-3) in order to allow a person prescribed in Item 1 of the provisions of the following article to come ashore or unload cargo pursuant to the instructions in Article 13-2, or the aircraft captain of the aircraft from abroad lands an aircraft land or a marine vessel enters waters with the permission of the quarantine station chief (including a chief of quarantine station's branch office or field office. The same shall apply hereinafter).
(i) Marine vessels or aircraft that arrive in Japan after departure from any foreign port or after visiting any foreign port.
(ii) Marine vessels or aircraft that have picked someone up or loaded any items from other marine vessels or aircrafts that have come from foreign ports or have visited any foreign ports (except vessels or aircrafts to which quarantine certificates or provisional quarantine certificates have been delivered).
(Restriction of Traffic, etc.)
Article 5 With respect to a marine vessel or aircraft from abroad (hereinafter referred to as "vessel, etc."), no one shall come ashore or unload any cargo from a marine vessel , nor shall anyone disembark from an aircraft or leave the quarantine area in the airport as specified by the quarantine station chief or take out any object from such aircraft or quarantine area, in each case, before a quarantine certificate or a provisional quarantine certificate has been issued; provided, this shall not apply, however, to cases where any of the following apply:
(i) When a person comes ashore or unloads items for a marine vessel, or a person disembarks from an aircraft or leaves the quarantine area in the airport specified by the quarantine station chief or takes an item out from such aircraft or quarantine area, after the quarantine station chief has confirmed that they are definitely not infected by any quarantinable, infectious disease-causing pathogens.
(ii) When such cargo is unloaded or taken out pursuant to the instructions specified in Article13-2.
(iii) When permission is given by the quarantine station chief in acknowledged emergency situations.
(Notification before Quarantine)
Article 6 The master of a vessel, etc. intending to invoke quarantine procedures shall, when approaching a quarantine port or quarantine airport, give notice in an appropriate manner, as to whether or not there exists any quarantinable infectious patients or any deceased persons and so to any other matters specified in an Ordinance of the Health, Labour and Welfare Ministry, to the chief of the quarantine station (including branches or quarantine station field offices; the same shall apply hereinafter) located in the quarantine port or in the quarantine airport, as the case may be.
Article 7 Deletion
(Quarantine Area)
Article 8 (1) Masters of marine vessels shall put the vessel into the quarantine area when the vessel goes through quarantine, except when they receive a notice as specified in Article 17-2.
(2) Captains of aircraft from abroad shall move the aircraft to the quarantine area immediately after landing at the quarantine airport or on the water.
(3) In the cases prescribed in the preceding two paragraphs, if the quarantine station chief instructs the master of the vessel etc. to move the vessel to a place other than the quarantine area for reasons such as the weather, the master of the vessel etc. shall follow these instructions.
(4) One or more quarantine area shall be specified for each quarantine port or quarantine airport pursuant to Paragraph 1 and Paragraph 2, and notice shall be given of these by the Health, Labour and Welfare Minister in consultation with the Minister of Land, Infrastructure, Transport and Tourism.
(Quarantine Signal)
Article 9 When a marine vessel enters a quarantine area or any place specified by provision in Paragraph 3 of the preceding article for quarantine purpose, the master of such marine vessel shall, until a quarantine certificate or a provisional quarantine certificate has been received, display a quarantine signal pursuant to the provision of an Ordinance of the Health, Labour and Welfare Ministry. The same shall apply in the case where a provisional quarantine certificate expires pursuant to the provisions in Article 19-1 or a notice of invalidation of a provisional quarantine certificate is given pursuant to the provisions in Article 19-2 while the marine vessel lays at anchor in port, to the period from the time when the provisional quarantine certificate expires or a notice of invalidation of the provisional quarantine certificate is given to the time when the master moves the vessel out of the port or when an issued quarantine certificate or provisional quarantine certificate is received.
(Start of Quarantine)
Article 10 The quarantine station chief shall start quarantine service promptly when the vessel etc. enters the quarantine area or the place specified in the provisions in Article 8-3, unless this is not possible for reasons such as bad weather; provided, however, that the chief may postpone such quarantine service until sunrise if the vessel enters the area after sunset.
(Submission and Presentation of Documents)
Article 11 (1) The master of a vessel, etc. shall submit a report, as prescribed, showing vessel name or registration number, port of departure, ports of call and other matters specified by the Ordinance of the Health, Labour and Welfare Ministry, in order to go through quarantine; provided, however, that for quarantine after the provisional quarantine certificate expired, this shall apply only to cases where the quarantine station chief so demands.
(2) The quarantine station chief may request the master of the vessel etc. to submit the documents listed in Item 1 through Item 3, and to present documents listed in Item 4 and Item 5 shown below:
(i) List of crew
(ii) List of passengers
(iii) Cargo temporary restraining order
(iv) Logbook or Flight logbook
(v) Other necessary documents for quarantine
(Questions)
Article 12 The quarantine station chief may make necessary inquiries of persons on board, the pilot and any person who comes on board after the vessel, etc. calls into the port, and may assign a quarantine officer for this task.
(Medical Examination and Inspection)
Article 13 (1) The quarantine station chief may examine a person and the vessel etc. prescribed in the preceding article to see whether or not there are any quarantinable infectious disease-causing pathogens, and may assign a quarantine officer to the job.
(2) With respect to the examination specified in the preceding paragraph, the quarantine station chief may carry out an autopsy or may assign a quarantine officer to do the job, if necessary, in order to conduct an examination as specified in the preceding paragraph. In this case, if an autopsy is needed in order to investigate the cause of death, or it is obvious that the aims of autopsy will not be achieved if an answer from the bereaved families is delayed because where they family is residing is not known, or they live in a distant place, it is not necessary for a quarantine station chief to obtain the permission of the bereaved families.
(Instructions for Unloading etc.)
Article 13-2 The quarantine station chief may give instructions to the master of the vessel etc. to unship or produce the cargo for an examination as specified in Paragraph 1 of the preceding article if it is deemed difficult to carry out an examination of the cargo on board as specified in the preceding paragraph.
(Measures for Infected or Potentially Infected Vessels etc.)
Article 14 (1) The quarantine station chief may take all or some of the measures listed below, in so far as they are reasonably necessary for vessels etc. that left from or made calls at ports in any quarantinable infectious disease infected area, or vessels etc. that have infectious patients or carry deceased, or vessels etc. in which rats carrying or potentially carrying pest bacillus are found on board, or vessels etc. that are infected or potentially infected by a quarantinable infectious disease:
(i) Isolate a patient with an infectious disease listed in Article 2-1, or assign a quarantine officer to the job.
(ii) Restrict the activities of a suspected patient with the infectious disease listed in Article 2-1, or assign a quarantine officer the job. (This is limited only to situations where certain infectious diseases specified in the same article occur abroad and where it is recognized that that such infectious disease-causing pathogens may enter the country and have a serious impact on the lives and health of the citizens of Japan).
(iii) Disinfect an object or an area that is infected or potentially infected by quarantinable infectious disease-causing pathogens, or assign a quarantine officer to the job, or give an order for disposal if it is difficult to get rid of the disease-causing pathogens completely.
(iv) Cremate a corpse (including a dead fetus) that is infected or potentially infected by quarantinable infectious disease-causing pathogens, pursuant to the provisions in the Act on Graveyards, Burial Services, etc. (Act No. 48 of 1948).
(v) Prohibit or restrict the use of an object or an area that is infected or potentially infected by quarantinable infectious disease-causing pathogens, or prohibit the transfer of such an object.
(vi) Have a quarantine officer or another qualified person exterminate rats or insects.
(vii) Immunize someone who it is thought needs this, or assign a quarantine officer to the job.
(2) The quarantine station chief may give instructions to the master of a vessel etc. to bring the vessel to another quarantine port or quarantine airport, after clearly explaining the reasons for such an action, if it is deemed impossible to take the necessary measures listed in Item 1 through Item 3 or Item 6 of the preceding paragraph due to inadequate equipment in the quarantine station.
(Isolation)
Article 15 (1) Isolation prescribed in Article 14-1(1) shall be conducted by admitting such a person to a designated medical institution for specified infectious diseases (designated medical institution of specified infectious diseases prescribed in the Act on Prevention of Infectious Disease and Medical Care of Infectious Patients; The same shall apply hereinafter), or a designated medical institution of Class 1 specified infectious diseases (designated medical institution for Class 1 infectious diseases prescribed in the Act. The same shall apply hereinafter); provided, however, that isolation may be conducted by admitting such a person to a hospital or a clinic that the quarantine station chief considers appropriate, excepting designated medical institutions for specified infectious diseases and designated medical institutions for Class 1 infectious diseases, due to unavoidable circumstances including emergencies.
(2) The quarantine station chief shall lift the isolation immediately after it is confirmed that the patient with an infectious disease listed in Article 2-1 is no longer a carrier of the disease-causing pathogens while such patients are isolated.
(3) Administrators of hospitals or clinics used in the cases referred to in Item 1 shall inform the quarantine station chief when it is confirmed that, among isolated patients pursuant to the provisions in Article 14-1(1), patients with infectious disease listed in Article 2-1 are not carriers of such disease-causing pathogens any longer.
(4) Persons who are isolated pursuant to the provisions in Article 14-1(1) or his/her guardian (a person who exercises parental authority or a carer. The same shall apply hereinafter) may make a request to the quarantine station chief to lift the isolation.
(5) The quarantine station chief shall confirm whether or not such an isolated patient with an infectious disease listed in Article 2-1 is a carrier of the infectious disease-causing pathogens when such a request is made pursuant to the provisions in the preceding paragraph.
(Restriction of Activities)
Article 16 (1) Restriction of activities prescribed in Article 14-1(2) shall be conducted by admitting such a person to a designated medical institution of specified infectious diseases or a designated medical institution of Class 1 infectious diseases, specifying the period of time; provided, however, that such restriction of activities may be conducted by admitting such a person to a hospital or a clinic that the quarantine station chief considers appropriate, except designated medical institutions for specified infectious diseases and designated medical institutions for Class 1 infectious diseases, or by keeping them on board and providing accommodation for them within the vessel with approval of the master of the vessel.
(2) The period set forth in the preceding paragraph shall be no longer than 144 hours for pests, one of the diseases listed in Article 2-1, and shall be no longer than 504 hours for diseases other than pests listed in the same paragraph, but shall be no longer than the period of time specified by a Cabinet Order, taking into consideration the incubation period for each infectious disease.
(3) The quarantine station chief shall lift the restriction immediately it is confirmed that such a person whose activity is restricted pursuant to Item 1 is no longer a carrier of the particular infectious disease-causing pathogens.
(4) Administrators of hospitals or clinics used pursuant to the preceding paragraph shall inform the quarantine station chief of it when it is confirmed that such a person whose activity is restricted pursuant to the provisions in Article 14-1(2) is not a carrier of the relevant infectious disease-causing pathogens.
(5) The person whose activity is restricted pursuant to the provisions in Article 14-1(2) or his/her guardian may make a request to the quarantine station chief to lift the restriction of activities.
(6) The quarantine station chief shall confirm whether or not the person whose activity is restricted is a carrier of the relevant infectious disease-causing pathogens when such a request is made pursuant to the preceding paragraph.
(Special Provisions for Application for Examination)
Article 16-2 (1) A person who has been isolated pursuant to the provisions in Article 14-1(1) or his/her guardian may, if more than thirty days have elapsed since the start of the isolation, apply for an examination of the isolation (including re-examination; and the same shall apply in Paragraph 2 and Paragraph 3) to the Health, Labour and Welfare Minister, in writing or verbally.
(2) The Health, Labour and Welfare Minister shall make a decision within 5 days from the date of such applications for examination, if said application for examination is done pursuant to the preceding paragraph.
(3) If a person who has been isolated pursuant to the provisions in Article14-1(1) or his/her guardian applies for examination to the Health, Labour and Welfare Ministry in accordance with the Administrative Appeal Law (Act No. 160 of 1962)before thirty days have elapsed since the start of the isolation, the Health, Labour and Welfare Minister shall make a decision regarding the case within 35 days from the day of his/her isolation him/her under the provisions of the relevant paragraph.
(4) If a person who has been isolated pursuant to the provisions in Article14-1(1) or his/her guardian applies for examination to the quarantine station chief in accordance with the Administrative Appeal Law before thirty days have elapsed, and then more than thirty days elapse, the quarantine station chief shall transfer the case to the Health, Labour and Welfare Minister, and shall give notice to the applicant for examination.
(5) When the case is transferred pursuant to the provision in the preceding paragraph, the provisions in Paragraph 3 shall apply to such cases as if the examination were applied for to the Health, Labour and Welfare Minister from the start.
(6) The Health, Labour and Welfare Minister shall hear the views of the council and others (institutions set forth in Article 8 of the National Government Organization Law: Act No. 120 of 1948) specified by a Cabinet Order beforehand when the Minister determines the case pursuant to Item 2 or Item 3 (limited to cases where more than thirty days have elapsed from the start of the isolation).
(Delivery of Quarantine Certificate)
Article 17 (1) The quarantine station chief shall deliver a quarantine certificate to the master of the vessel etc. if it is recognized that there is no risk that quarantinable infectious disease-causing pathogens will enter the country.
(2) In cases where the master of a vessel gives notification of matters specified by the Ordinance of the Health, Labour and Welfare Ministry pursuant to the Ordinance of the Health, Labour and Welfare Ministry, in addition to the notification pursuant to the provisions in Article 6, the quarantine station chief shall give notice regarding delivery of the quarantine certificate to the master of the vessel beforehand if it is recognized that there is no risk that quarantinable infectious disease-causing pathogens may enter the country via such a vessel.
(Delivery of Provisional Quarantine Certificate)
Article 18 (1) Even if it is impossible to deliver the quarantine certificate, the quarantine station chief may deliver a provisional quarantine certificate to the master of the vessel, etc., specifying a certain period of time, when it is recognized that there is little or no risk that the quarantinable infectious disease-causing pathogens will enter the country.
(2) In the cases referred to in the preceding paragraph, the quarantine station chief may demand that a suspected patient of the quarantinable infectious disease-causing pathogens whose activity is not restricted present a passport as prescribed in Item 5 of Article 2 of the Immigration-Control and Refugee-Recognition Law (Cabinet Order No. 319 of 1951), and have him/her report the details of their residence in Japan - contact address, name, travel schedule and other details specified by the Ordinance of the Health, Labour and Welfare Ministry, as well as demanding a report of his/her body temperature and other physical conditions within the period specified by the paragraph, or to ask questions. A quarantine officer may be assigned to this job.
(3) If any health problems are found following the report or questions pursuant to the provisions in the preceding paragraph, the quarantine station chief shall give notice of the instructions and other matters specified by the Ordinance of the Health, Labour and Welfare Ministry to a governor who has jurisdiction over the location of such person's residence (mayor or headman for a city or a special ward where a public health center is established; the same shall apply in Article 26-3), as well as instructing such a person to go for a check-up in a public health center or other medical institution, and giving advice about prevention measures concerning quarantinable infectious diseases.
(Invalidation of Provisional Quarantine Certificate)
Article 19 (1) If a quarantinable infectious patient is found, or any person dies from such a disease in the vessel to which a provisional quarantine certificate has been delivered, and within the period specified by the provision in Paragraph 1 of the preceding article, such a provisional quarantine certificate will be invalidated. In such cases, the master of the vessel etc. shall immediately notify the chief of the nearest quarantine station.
(2) The quarantine station chief who delivered the provisional quarantine certificate may void it only within the period specified by the provisions in Paragraph 1 of the preceding article, if it is recognized that additional measures to those listed in each item of Article 14-1 are required in respect of the vessel. In such cases, the quarantine station chief shall inform the master of the vessel immediately.
(3) In cases where provisional quarantine certificate are invalidated pursuant to the provisions in the preceding two paragraphs, if such a vessel still lays at anchor in the port, or such an aircraft is still on the ground in the country (including waters in the port), the quarantine station chief who received the notification specified by the provisions in Paragraph 1, or the quarantine station chief who delivered the provisional quarantine certificate, may give instructions to the master of the vessel etc. to move the vessel into a quarantine area or other specified area, or to move the vessel out of the port, or to let the aircraft to take off from the airport or water.
(Delivery of Certificate)
Article 20 The quarantine station chief shall deliver the certificate relating to the measure listed in each item of Article 14-1 or the instructions given pursuant to the provisions in Article 14-2, when requested by the master of the vessel etc. or any other person concerned.
(Quarantine in any Port except Quarantine Ports)
Article 21 (1) The chief of the vessel that meets all the requirements listed below may move the vessel into any port except quarantine ports, notwithstanding the provisions in Article 4; provided, however, that this entry into port is allowed following the prior obtaining of permission from the nearest quarantine station chief of the port.
(i) The vessel did not set off from an area, or visit any port in an area along the way before arrival, specified by the Ordinance of the Health, Labour and Welfare Ministry as one where certain quarantinable infectious diseases are prevalent or are threatened.
(ii) The vessel doesn't have any person or any object on board from a vessel or an aircraft that has left or visited any foreign area specified in the preceding item (except vessels or aircraft with quarantine certificates or provisional quarantine certificates delivered).
(iii) No one has had quarantinable infectious diseases during the voyage.
(iv) Any doctor or any person with a qualification equivalent to that of a doctor under foreign legislation is on board as ship's doctor.
(v) The vessel is provided with a deratization certificate or other certificate delivered (issued within the preceding 6 months by a quarantine station chief or any foreign institute equivalent to this), confirming that no further deratization is required.
(2) The master of the vessel shall give notification of the matters listed in each item of the preceding paragraph and other matters specified by the Ordinance of the Health, Labour, and Welfare Ministry, pursuant to the provision of the Ordinance of the Health, Labour and Welfare Ministry, in order to apply for a permit prescribed in the provisions of the preceding paragraph.
(3) The quarantine station chief shall decide promptly whether or not permission shall be granted, and then notify the chief of the vessel of his decision, when such an application for permit is done pursuant to the provisions in Paragraph 1.
(4) The master of the vessel prescribed in Paragraph 1 shall move the vessel immediately to an area of the port specified by the quarantine station chief.
(5) The provisions in Article 9 and Article 10 shall be applied in cases where the vessel prescribed in Paragraph 1 moves into the area specified by the provisions in the preceding paragraph.
(6) The quarantine station chief may discontinue quarantine service at the port, offering reasons to the master of the vessel, if it is recognized that the vessel prescribed in the provisions of Paragraph 1 is infected or potentially infected by quarantinable infectious disease-causing pathogens, and that it is necessary to bring the vessel into a certain quarantine port and conduct examinations or inspections pursuant to Article 13.
(7) The master of the vessel shall move the vessel out of the port immediately when quarantine service at ports other than quarantine ports is discontinued pursuant to the provisions in the preceding paragraph.
(8) The provisions in Article 20 shall be applied when the quarantine station chief discontinues quarantine service pursuant to the provisions in Paragraph 6.
(Special Provisions for Vessels to which Item 2 of Article 4 is applicable)
Article 22 (1) The master of a vessel or the aircraft captain of an aircraft to which Item 2 of Article 4 is applicable (other than vessels or aircraft to which Item 1 of Article 4 applies at the same time) may move the vessel to any port except quarantine ports for quarantine service or have the aircraft land on the ground or on the water except at quarantine airports (including the waters of ports), notwithstanding the provisions in Article 4, if it is impossible for the vessel or aircraft to make long-passage due to performance problems or it is impossible to get to the quarantine port or quarantine airport for any other reason.
(2) The master of the vessel or the aircraft captain of the aircraft shall give notice as to whether or not there is a patient with a quarantinable infectious disease, whenever and wherever they fall under the provisions in Item 2 of Article 4 and other matters specified by the Ordinance of the Health, Labour and Welfare Ministry, to the chief of the nearest public health center, when the master of the vessel or the aircraft captain of the aircraft prescribed in the preceding paragraph moves the vessel to any port other than quarantine ports or has the aircraft land on the ground (including the waters of ports) other than quarantine airports in the country; provided, however, that this shall not apply if the master of the vessel or the aircraft captain of the aircraft gives notification of these matters to the chief of the nearest quarantine station beforehand.
(3) The chief of a public health center who receives notice, as prescribed in the preceding paragraph, may take necessary measures including inspection, sterilization and any other necessary preventive measures for quarantinable infectious diseases for a vessel or aircraft.
(4) For the vessels or aircraft as prescribed in Paragraph 1, the chief of the public health center may also give a permit as specified in Item 3 of the provisions of Article 5.
(5) The provisions in Article 4 and Article 5 shall not be applied to vessels or aircraft prescribed in Paragraph 1, if the chief of the public health center confirms that no quarantinable infectious disease-causing pathogens will enter the country via the vessel or the aircraft.
(6) The provisions in Article 9 and Article 10 shall be applied in cases where the master of the vessel prescribed in Paragraph 1 moves the vessel into any port other than quarantine ports after the notification pursuant to the proviso of Paragraph 2, and shall be applied in cases where the aircraft captain of the aircraft prescribed in Paragraph 1 lands the aircraft on the ground or on the water (including waters in the port) in the country, other than at quarantine airports, after the notification pursuant to the provision in Paragraph 2.
(Emergency Evacuation)
Article 23 (1) If the master of a vessel with no quarantine certificate or provisional quarantine certificate delivered moves the vessel into any port in the country or lands an aircraft on the ground or on the water (including waters in the port), except at quarantine airports, in order to evacuate to a safer place due to an emergency situation, the master of the vessel shall move the vessel into a quarantine area or an area specified by the quarantine station chief, or move the vessel out of the port or have the aircraft take off or the leave the waters immediately after such an emergency situation is over.
(2) In the case referred to in the preceding paragraph, if it is impossible to move the vessel into the quarantine area, or to move it out of the port, or have the aircraft take off or leave the waters for unavoidable reasons, the master of the vessel etc. shall give notification as to whether or not there is a quarantinable infectious patient, the names of the places of departure, the names of places called into along the way, and other matters specified by the Ordinance of the Health, Labour and Welfare Ministry, to the quarantine station chief, or to the chief of the public health center if no quarantine station is available.
(3) The chief of the quarantine station or the public health center who receives such notification may take necessary measures including examinations, sterilization, or other necessary preventive measures in respect of quarantinable infectious diseases.
(4) The chief of the public health center may also issue a permit as prescribed in Paragraph 3 of the provision in Article 5 to the vessel etc. prescribed in Paragraph 2.
(5) The provision of Article 5 shall not apply to vessel etc. prescribed in Paragraph 2 if the chief of the quarantine station or the public health center confirms that there is almost no risk that the quarantinable infectious disease-causing pathogens may enter the country, as long as the vessel etc. stays there.
(6) The provisions of the preceding four paragraphs shall apply to crippled vessels near the seashore other than ports in the country.
(7) The master of the vessel etc. with no quarantine certificate or provisional quarantine certificate delivered shall immediately give notification as to whether or not there is a quarantinable infectious patient, or other matters specified by the Ordinance of the Health, Labour and Welfare Ministry, to a chief of the nearest public health center or a mayor of the relevant municipality, if anyone comes ashore from the vessel, unships any objects, or leaves the aircraft or carries objects off the aircraft for unavoidable reasons due to an emergency situation.
Chapter III Other Hygiene Affairs Conducted by Quarantine Station Chief
(Emergency Measures)
Article 24 Under quarantine, the quarantine station chief shall take necessary preventive measures including medical examinations, sterilization, or shall assign a quarantine officer to the job on if urgently needed if it is found that there is an infectious patient or a person has died from such a disease, except quarantinable infectious diseases, specified in Paragraph 3 through Paragraph 5 and Paragraph 7 of Article 6 of the Act on Prevention of Infectious Diseases and the Medical Care of Infectious Patients, or if it is recognized that the vessel etc. is infected or potentially infected by such infectious disease-causing pathogens.
(Deratization)
Article 25 Under quarantine, the quarantine station chief may order the master of the vessel to deratize it if it is recognized that the vessel has not got rid of rats thoroughly; provided, however, that this shall not apply to cases where the master of the vessel presents a deratization certificate (issued within six months by a chief of a quarantine station or a foreign institution equivalent to it) proving that rats have been thoroughly exterminated or that no further deratization is required.
(Examination, etc. by Application)
Article 26 (1) The quarantine station chief may respond to a request from a master / aircraft pilot or an owner of a vessel or an aircraft who pays a fee specified by a Cabinet Order based on actual costs, for examination of the vessel or the aircraft regarding whether or not there are any quarantinable infectious disease-causing pathogens, or sterilization, extermination of rats or insects, or a medical examination or the immunization of crews etc or for a certificate concerning these matters, unless it affects quarantine operations of the quarantine station.
(2) The quarantine station chief may respond to the request from a person who is going abroad by paying a fee specified by a Cabinet Order based on actual costs for a medical examination of the quarantinable infectious disease, as to whether or not there are any disease-causing pathogens, or the immunization, or for a certificate concerning these matters, unless it affects quarantine operations of the quarantine station.
(3) The quarantine station chief may respond to the request from a person who is going to export cargos by paying a fee specified by a Cabinet Order based on the actual costs for examination as to whether or not there are any quarantinable infectious disease-causing pathogens in the cargo, or sterilization, or the extermination of insects, or a certificate concerning these matters, unless it affects the quarantine operations of the quarantine station.
(Medical Examination on Infectious Disease other than Quarantinable Infectious Disease)
Article 26-2 The quarantine station chief may respond to the request from a person who is going abroad or a person prescribed in Article 12, by paying a fee specified by a Cabinet Order based on the actual costs for a medical examination for infectious diseases, other than quarantinable infectious diseases, as specified in Paragraph 3 through Paragraph 7 of Article 6 of the Act on Prevention of Infectious Diseases and the Medical Care of Infectious Patients, an examination as to whether or not there are disease-causing pathogens, or immunizations, or a certificate concerning these matters, unless it affects the quarantine operations of the quarantine station.
(Collaboration with Governors etc.)
Article 26-3 The quarantine station chief shall give notice of matters specified by the Ordinance of the Health, Labour and Welfare Ministry to a governor who has jurisdiction over the place of residence of such a person (current residence if there is no place of residence or if it is not known where it is located) if it becomes clear that the person who has such a checkup is a carrier of the disease-causing pathogens of an infectious disease as prescribed in Paragraph 2 through Paragraph 5 or Paragraph 7 of Article 6 of the Act on Prevention of Infectious Diseases and the Medical Care of Infectious Patients, except the case specified by the Ordinance of the Health, Labour and Welfare Ministry, based on the results of the checkup specified in Paragraph 1 of Article 13, Article 24, Paragraph 1 of Article 26 or the preceding article.
(Investigation and Hygiene Affairs Conducted by the Quarantine Station Chief)
Article 27 (1) The quarantine station chief may conduct investigations into food, drinking water, sewage and other waste, filthy water, rats and insects in vessels or aircrafts only within the area of each quarantine port or quarantine airport specified by a Cabinet Order, or conduct investigations of seawater, sewage and other waste, filthy water, rats and insects in facilities, buildings and other places located in such areas, or may assign a quarantine officer to the job, in order to determine whether or not there are insects that can transmit quarantinable infectious disease-causing pathogens or other diseases equivalent to those specified by a Cabinet Order, and to clarify the hygiene conditions with respect to such diseases in the quarantine port or quarantine airport.
(2) The quarantine station chief may exterminate rats or insects, clean up or sterilize vessels or aircrafts in the area or facilities, buildings or other places located in the area, or may do check-ups on workers there or exterminate insects from them, or may assign a quarantine officer or a person considered as appropriate for the job, only within the area specified by a Cabinet Order pursuant to the provision of the preceding paragraph, if it is recognized that the infectious disease specified in the preceding paragraph prevails or is potentially prevalent.
(3) The quarantine station chief shall give notification of the measures taken pursuant to the preceding paragraph promptly to the chief of the relevant administrative body.
(Collection and Provision of Information)
Article 27-2 (1) The quarantine station chief shall provide a person who is going abroad or who has come from abroad with information about the occurrence of quarantinable infectious diseases in such countries and about preventive methods, as well as making this information generally available.
(2) The quarantine station chief shall collect, organize, and analyze information regarding quarantinable infectious disease in order to provide the information specified in the preceding paragraph in an appropriate manner.
Chapter IV Miscellaneous Provisions
(Quarantine Officer)
Article 28 Quarantine officers who are involved in the services prescribed in this Act shall be assigned to the Health, Labour and Welfare Ministry.
(Right of Entry and Inspection)
Article 29 The quarantine station chief and a quarantine officer may enter facilities, buildings and other places prescribed in Paragraph 1 and Paragraph 2 of Article 27, in order to perform duties pursuant to the provisions of this Act, as necessary.
(Interpretation of Power and Authority)
Article 30 The power and authority of the quarantine station chief and the quarantine officer pursuant to the provisions of this Act shall not be interpreted as extending to criminal investigation.
(Obligation to Wear a Uniform and to Carry an Identification Card)
Article 31 (1) Quarantine station chiefs and quarantine officers shall wear uniforms and carry identification cards with him/her when he/she conducts his/her duties, and shall present them upon the request of the person concerned.
(2) The uniforms of the quarantine station chief and the quarantine officer shall be specified by the Health, Labour and Welfare Minister.
(Collection of Actual Costs)
Article 32 (1) The quarantine station chief shall collect the actual costs specified by a Cabinet Order from an owner or a master of a vessel etc. in the cases prescribed below:
(i) Measure pursuant to Item 3, Item 4 or Item 6 of Paragraph 1 of Article 14 is taken.
(ii) Measure pursuant to Item 1 or Item 2 of Paragraph 1 of Article 14 is taken.
(2) The quarantine station chief shall collect the actual costs specified by a Cabinet Order from the relevant people other then the crews of a vessel etc. when measures pursuant to Item 1 or Item 2 of Paragraph 1 of Article 14 are taken.
(3) The quarantine station chief may not collect all or part of the actual costs from such a person who has to pay the actual costs pursuant to the provisions of the preceding two paragraphs, notwithstanding the provisions in the preceding two paragraphs, if it is recognized that such a person cannot bear all or part of such costs for economic reasons.
(4) The provisions in the preceding three paragraphs shall apply to cases where the quarantine station chief or the chief of the public health center takes necessary measures pursuant to the provisions in Paragraph 3 of Article 22 or Paragraph 3 of in Article 23 (including cases where it is applied mutatis mutandis pursuant to Paragraph 6 of Article 23).
(Payment and Share of Cost)
Article 33 Costs for measures undertaken by the chief of the public health center pursuant to the provisions in Paragraph 3 of Article 22 or Paragraph 3 of Article 23 (including cases where it is applied mutatis mutandis pursuant to Paragraph 6 of Article 23) shall be paid by a relevant prefecture, city or special ward in which the public health center is located, and then shall be borne by the national treasury.
(Application for Re-examination)
Article 33-2 A person who disagrees with a decision concerning an application for examination of the measure conducted by the chief of a branch or a dispatched office of the quarantine station may apply for re-examination to the Health, Labour and Welfare Minister.
(Application of this Act to Infectious Diseases except Quarantinable Infectious Diseases)
Article 34 All or part of the provisions of Article 2-2, Chapter 2 and this chapter (except the provisions from Article 34-2 to Article 40) shall apply to the case, by specifying the type of disease and limiting it to a period of less than one year, where any infectious disease occurs other than quarantinable infectious diseases (except infectious diseases specified as new infectious disease in Paragraph 1 of the following article), and there is a risk that such disease-causing pathogens may enter the country and may then affect the lives and the health of the citizens of Japan if quarantine is not imposed. In this case, a special provision on the period of restriction of activities shall be created by such Cabinet Order, taking into consideration the incubation period of the infectious disease.
(Measures pertaining to New Infectious Disease)
Article 34-2 (1) The Health, Labour and Welfare Minister may give instructions to the quarantine station chief to place patients suspected of having the new infectious disease under medical supervision, to meet any urgent needs in the prevention of the emergence of the new infectious disease or spreading of such disease, if a new infectious disease (being a new infectious disease as specified by the Act on Prevention of Infectious Diseases and the Medical Care of Infectious Patients, and an infectious disease other than new infectious diseases specified by a Cabinet Order pursuant of Article 53 of the Act) occurs abroad. In this case, the quarantine station chief may assign a quarantine officer to the job.
(2) In the case medical checkups are conducted pursuant to Paragraph 1 of Article 13, Article 24, Paragraph 1 of Article 26, Article 26-2, or the preceding paragraph, the quarantine station chief shall give notification of a suspected patient's name, age, sex and other matters specified by the Ordinance of the Health, Labour and Welfare Ministry immediately to the Health, Labour and Welfare Minister.
(3) The quarantine station chief may consider such new infectious disease as an infectious disease listed in Item 1 of Article 2 and undertake all or some of the measures specified by Article 13, Article 13-2, Item 1 through Item 6 of Paragraph 1 of Article 14, Article 17, Article 18, Paragraph 2 and Paragraph 3 of Article 19 and Article 20, following the instructions of the Health, Labour and Welfare Minister, when the chief gives notification pursuant to the preceding paragraph.
(4) The provision of Paragraph 1 of Article 19 shall apply to such new infectious diseases for a vessel etc. to which the provisional quarantine certificate is delivered pursuant to the preceding paragraph.
(5) The Health, Labour, and Welfare Minister shall hear the views of the Health Science Council beforehand when the Minister gives instructions to the quarantine station chief pursuant to the provision in Paragraph 3.
(Isolation pertaining to New Infectious Diseases)
Article 34-3 (1) Isolation prescribed by Article 14-1(1) that is conducted by the quarantine station chief pursuant to the provision in Paragraph 3 of the preceding article shall be done by admitting a person to a designated medical institution for the specified infectious disease; provided, however, that such isolation may be conducted by admitting such a person to a hospital other than a designated medical institution for specified infectious diseases that a quarantine station chief considers appropriate for unavoidable reasons including emergencies.
(2) The quarantine station chief shall lift the isolation of such a person immediately on the order of the Health, Labour and Welfare Minister after it is confirmed that the there is no danger of the new infectious disease pertaining to the isolation spreading.
(3) The administrator of the committed hospital pursuant to Paragraph 1 may express an opinion to the quarantine station chief that there is no danger of the new infectious disease pertaining to the isolation pursuant to Paragraph 3 of the preceding article spreading.
(4) The person isolated pursuant to Paragraph 3 of the preceding article or his/her guardian may make a request to the quarantine station chief to lift the isolation.
(5) The quarantine station chief shall confirm whether or not there is any danger that such an isolated person can spread the new infectious disease pertaining to the isolation, under orders of the Health, Labour and Welfare Minister, when the request pursuant to the provision of the preceding paragraph is made.
(6) The Health, Labour and Welfare Minister shall hear the views of the Health Science Council prior to Minister giving instructions to the quarantine station chief pursuant to the provisions of Paragraph 2 or the preceding paragraph.
(Restriction of Activities pertaining to New Infectious Disease)
Article 34-4 (1) The restriction of activities, prescribed by Article 14-1(2), conducted by the quarantine station chief pursuant to the provisions in Paragraph 3 of Article 34-2 shall be done by admitting a person to a designated medical institution of specified infectious diseases; provided, however, that it may be conducted by admitting a person to a hospital other than a designated medical institution of specified infectious diseases that the quarantine station chief considers appropriate for unavoidable reasons including emergencies.
(2) In the case of the restrictions prescribed in the preceding paragraph, the quarantine station chief shall lift the restriction of activities of such a person under the orders of the Health, Labour and Welfare Minister immediately after it is confirmed that there is no threat of the new infectious disease pertaining to the restriction spreading.
(3) The Administrator of the hospital used pursuant to Paragraph 1 may express an opinion to the quarantine station chief that there is no threat that the new infectious disease pertaining to a person whose activity is restricted pursuant to Paragraph 3 of Article 34-2 will spread.
(4) The person whose activity is restricted pursuant to Paragraph 3 of Article 34-2 or his/her guardian shall make a request to the quarantine station chief to lift the restriction.
(5) The quarantine station chief shall confirm, under the order of the Health, Labour and Welfare Minister, whether or not there is any threat that the person whose activity is restricted will spread the new infectious disease pertaining to the restriction when the request pursuant to the provision of the preceding paragraph is made.
(6) The Health, Labour and Welfare Minister shall hear the views of the Health Science Council beforehand when the Minister gives instructions to the quarantine station chief pursuant to Paragraph 2 or the preceding paragraph.
(Classification of Functions)
Article 34-5 (1) The functions to be handled by a prefecture, city or special ward that has a public health center pursuant to the provisions of Paragraph 2 through Paragraph 5 of Article 22, Paragraph 2 through Paragraph 5 of Article 23 (including cases where provisions in Paragraph 6 of Article 23 apply), and Paragraph 7 of Article 23, and Article 26-3 shall be statutory delegated functions of Item 1 specified by Article 2-9(1) of the Local Autonomy Act (Act No. 67 of 1947).
(2) The functions to be handled by the municipality pursuant to the provisions in Paragraph 7 of Article 23 shall be statutory delegated functions of Item 1 specified by Article 2-9(1) of the Local Autonomy Act.
(Transitional Measures)
Article 34-6 In cases where an order is issued, revised or abolished pursuant to the provisions of this Act, necessary transitional measures (including transitional measures relating to penal provisions) may be provided to the extent deemed reasonably necessary for such issuance, revision or abolition.
(Penal Provision)
Article 35 Any person who falls under any of the following items shall be jailed for up to 1 year or fined up to one million yen.
(i) Any person who breaches the provisions in Article 5
(ii) Any person who breaks the terms of their isolation or activity restriction.
Article 36 Any person who falls under any of the following items shall be jailed for up to six months or fined up to fifty thousand yen.
(i) Any person who, in violation of the provisions in Paragraph 1 of Article 11, has not submitted a report as prescribed or has submitted a report containing false details.
(ii) Any person who has not submitted or presented a document upon request pursuant to the provisions in Paragraph 2 of Article 11, or who has submitted or presented a document containing false details.
(iii) Any person who has not answered, or who has answered falsely, questions pursuant to the provisions in Article 12.
(iv) Any person who has refused, prevented or avoided a medical checkup (including cases where it is conducted pursuant to the provisions in Paragraph 3 of Article 34-2) or an examination pursuant to the provisions in Article 13 (including cases where it is conducted pursuant to the provision in the same paragraph) conducted by the quarantine station chief or the quarantine officer.
(v) Any person who has refused, prevented or avoided measures conducted by a quarantine station chief or quarantine officer pursuant to the provisions of Item 1 through Item 3 and Item 6 or Item 7 of Paragraph 1 of Article 14 (including cases where measures are conducted pursuant to the provisions in Paragraph 3 of Article 34-2).
(vi) Any person who has violated the measures in Item 5 of Paragraph 1 of Article 14 (including cases where measures are conducted pursuant to the provisions in Paragraph 3 of Article 34-2)
(vii) Any person who has not presented a passport pursuant to the provisions in Paragraph 2 of Article 18 (including cases where they are conducted pursuant to the provisions in Paragraph 3 of Article 34-2), has not reported or reported falsely (including cases where it is conducted pursuant to the provisions in the same paragraph), or has not answered or answered falsely.
(viii) Any person who has refused, prevented or avoided measures that are conducted by the quarantine station chief or the quarantine officer pursuant to the provisions in Article 24
(ix) Any person who has refused or prevented entry by, or has evaded, a quarantine station chief or the quarantine officer pursuant to the provision of Article 29
(x) Any person who has refused, prevented or avoided a medical checkup conducted by the quarantine station chief or the quarantine officer pursuant to the provisions in Paragraph 1 of Article 34-2
Article 37 Any person who falls under any of the following items shall be fined up to fifty thousand yen.
(i) Any person who has violated the provision in Article 4
(ii) Any person who has violated the provisions in Paragraph 1 of Article 19 (including cases where it is applied mutatis mutandis pursuant to Paragraph 4 of Article 34-2)
(iii) Any person who has violated an order pursuant to the provisions in Paragraph 3 of Article 19 (including cases where it is conducted pursuant to the provisions in Paragraph 3 of Article 34-2)
(iv) Any person who has given false notification regarding the matters listed in each item of Paragraph 1, and then receives a permit when he/she applied for permit pursuant to the provisions in Paragraph 1 of Article 21
(v) Any person who has violated the provisions in Paragraph 7 of Article 21
(vi) Any person who has violated the provisions in Paragraph 2 of Article 22
(vii) Any person who has violated the provision in Paragraph 1 or Paragraph 2 of Article 23 (including cases where it is applied mutatis mutandis pursuant to Paragraph 6 of Article 23) or Paragraph 7 of Article 23
Article 38 Any person who falls under any of the following items shall be fined up to two hundred thousand yen.
(i) Any person who has violated the provision of Article 9 (including cases where it is applied mutatis mutandis pursuant to Paragraph 5 of Article 21 and Paragraph 6 of Article 22)
(ii) Any person who has violated the order pursuant to the provision of Article 25
Article 39 If a representative of a juridical person or agent, employee or other staff of a juridical person or an individual, has committed an infraction of the provisions in Article 35 through Article 38 with regard to the business of the juridical person or individual, not only the offender, but also said juridical person or individual shall be also be punished by the fine prescribed in the respective articles.
Article 40 In the case of Article 34, the penal provision of the preceding five articles pertaining to the provisions that are applied pursuant to the Cabinet Order shall be also applied.
(Delegation pursuant to the Ordinance of the Ministry)
Article 41 The Ordinance of the Health, Labour and Welfare Ministry shall provide for necessary matters concerning the implementation procedure and other execution of this Act except delegation to the Cabinet Order pursuant to this Act.
Supplementary Provisions, Extract
(Effective Date)
(1) This Act shall come into force as from January 1, 1952.
(Abolition of Seaport Quarantine Act)
(2) Seaport Quarantine Act (Act No. 19 of 1899) shall be abolished.
Supplementary Provisions (Act No. 66 of April 11, 1956) Extract
(Effective Date)
(1) This Act shall come into force as from the day specified by a Cabinet Order within a period not exceeding ninety days from the day of promulgation.
(This Act came into force as from July 1 of 1956 by the Cabinet Order No. 183 of 1956)
Supplementary Provisions (Act No. 161 of September 15, 1962) Extract
(1) This Act shall come into force as from October 1, 1962.
(2) The provisions revised by this Act shall apply to a disposition of a government agency before the enforcement of this Act, inaction of a government agency pertaining to application before the enforcement of this Act, and matters that occurred before the enforcement of this Act, except as otherwise provided by this supplementary provisions; provided, however, that this Act shall not preclude validity of matters that came into effect pursuant to the provisions prior to the revision by this Act.
(3) The provisions then in force shall remain applicable to petitions, examination applications, objections and other appeals (hereinafter referred to as "petitions etc.") filed before the enforcement of this Act. The same shall apply to petitions etc. filed by any person who still disagrees with determinations, decisions or other dispositions of petition etc. before the enforcement of the Act (hereinafter referred to as "determinations etc.") or with determinations etc. after the enforcement of this Act, pertaining to petitions etc. filed before the enforcement of this Act.
(4) With regard to petitions etc. prescribed in the preceding paragraph, matters pertaining to disposition upon which appeals may be entered pursuant to the Administrative Appeal Act after the enforcement of this Act, shall be considered as appeals pursuant to the Administrative Appeal Act when an act other than the Administrative Appeal Act is applied.
(5) With regard to examination applications, objections, and other appeals filed after the enforcement of the Act pursuant to the provision of Paragraph 3, no appeal may be entered pursuant to the Administrative Appeal Act.
(6) With regard to dispositions by a government agency conducted before the enforcement of this Act for which petitions etc. may be filed pursuant to the provisions prior to the revision by this Act and whose period to be filed was not established, the period of appeal pursuant to the Administrative Appeal Act shall be counted from the day of the enforcement of this Act.
(8) The penal provision then in force shall remain applicable to acts committed prior to the enforcement of this Act.
(9) The required transitional measures pertaining to the enforcement of this Act in addition to the matters of the preceding eight paragraphs shall be specified by a Cabinet Order.
Supplementary Provisions (Act No. 59 of May 16, 1970)
(1) This Act shall come into force as from January 1, 1971.
(2) The penal provision then in force shall remain applicable to illegal conduct occurring before the enforcement of this Act.
Supplementary Provisions (Act No. 84 of July 1, 1994) Extract
(Effective Date)
Article 1 This Act shall come into force as from the day of promulgation.
(Transitional Measures pertaining to Other Dispositions, Applications etc.)
Article 13 After the enforcement of this Act, application of the relevant acts revised by this Act for dispositions and other acts such as permits (hereinafter referred to as "acts including dispositions etc.") occurring pursuant to the provisions of the relevant acts in force before the enforcement of this Act (or the provisions in Article 1 of the Supplementary Provisions if applicable; hereinafter the same shall apply in this article and the following article), or applications for permits and other acts occurring pursuant to the provision of the relevant acts prior to the revision at the time of enforcement of this Act (hereinafter referred to as "acts including applications etc." in this article) shall be considered as acts including dispositions etc. or acts including applications etc. occurring pursuant to the corresponding provisions of the relevant Act revised by this Act respectively, excepting the provisions of Article 5 through Article 10 of the Supplemental Provisions or the provisions concerning transitional measures of the relevant acts revised by this Act (including orders pursuant to said acts).
(Other Transitional Measures Authorized by Cabinet Order)
Article 15 In addition to the Supplementary Provisions, any transitional measure needed for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions (Act No. 107 of June 26, 1996) Extract
(Effective Date)
Article 1 This Act shall come into force as from the day of promulgation.
(Authorization by Cabinet Order)
Article 14 In addition to the Supplementary Provisions, any transitional measure needed for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions (Act No. 115 of October 2, 1998) Extract
(Effective Date)
Article 1 This Act shall come into force as from April 1, 1999.
(Transitional Measures)
Article 2 (1) Any person who has been isolated in a hospital pursuant to the provisions in Paragraph 1 of Article 15 of the Quarantine Act prior to the revision by Article 1 of this Act (hereinafter referred to as "old Quarantine Act " in this article) shall be considered as a person who is isolated pursuant to the provisions in Paragraph 1 of Article 15 of the Quarantine Act revised by the provisions in Article 1 of this Act (hereinafter referred as to "new Quarantine Act " in this article).
(2) With regard to the period of restriction of activities for a person whose activity has been restricted to a holding area pursuant to the provisions in Paragraph 1 of Article 16 of the old Quarantine Act when this Act comes into force, and whose activity will be still restricted pursuant to the provisions in Paragraph 1 of Article 16 of the new Quarantine Act, such period shall be counted from the day when said person is put in held in this area.
(3) A person whose activity has been restricted within a vessel pursuant to the provisions in Paragraph 1 of Article 16 of the old Quarantine Act when this Act comes into force shall be considered as a person whose activity is restricted pursuant to the provisions in Paragraph 1 of Article 16 of the new Quarantine Act.
(Transitional Measures for Penal Provisions)
Article 3 The penal provisions already in force shall remain applicable to actions prior to the enforcement of this Act.
Supplementary Provisions (Act No. 87 of July 16, 1999) Extract
(Effective Date)
Article 1 This Act shall come into force as from April 1, 2000; provided, however, that the provisions of the following items shall come into force as from the day specified by each item:
(i) Revision provision, in Article 1, adding five articles, section name, and two subsections and their names next to Article 250 of Local Autonomy Act (the portion pertaining to Paragraph 1 of Article 250-9 of the Local Autonomy Act [limited to the portion pertaining to the provision regarding agreement of both Houses]), Revision provision, in Article 40, of Paragraph 9 and Paragraph 10 of the Supplementary Provisions of the Natural Parks Law (limited to the portion pertaining to Paragraph 10 of the Supplementary Provisions of the Natural Parks Law), the provisions in Article 244 (except the portion pertaining to the revision provisions in Article 14-3 regarding Agricultural Improvement and Promotion Act), and the provisions in Article 472 (except the portions pertaining to the revision provisions in Article 6, Article 8 and Article 17 of the Act on Special Provisions of Consolidation of Municipalities), and the provisions in Article 7, Article 10, Article 12, the provisions in Article 59, Paragraph 4 and Paragraph 5 of Article 60, Article 73, Article 77, Paragraph 4 through Paragraph 6 of Article 157, Article 160, Article 163, Article 164 and Article 202: the day of promulgation.
(State Affairs)
Article 159 In addition to the affairs prescribed by the respective Act prior to the revision by this Act, the affairs of the state, local governments, or local public entities that are administered or executed by a local government pursuant to a relevant law or a relevant Cabinet Order (referred to as "State Affairs" in Article 161 of the supplementary provisions) shall be treated by a relevant local government as the affairs of the relevant local government pursuant to the relevant Act or the relevant Cabinet Order after this Act comes into force.
(Transitional Measures concerning Dispositions, Applications etc.)
Article 160 (1) With regard to dispositions and other acts such as permits etc. (hereinafter referred as to "acts including dispositions etc." in this article) conducted pursuant to the provisions of the respective laws prior to the revision by this Act and before the enforcement of this Act (or the relevant provision of each item of Article 1 of the Supplementary Provisions, if applicable. The same shall apply to this article and Article 163 of the Supplementary Provisions), or applications for permission and other acts pursuant to the relevant laws already in force prior to the revision of this Act when this Act comes into force (hereinafter referred as to "acts including applications etc." in this article), if those who are to do the administration relating to such acts are different on the day of enforcement of this Act shall be considered as acts including dispositions etc. or acts including applications etc. pursuant to the corresponding provisions of the relevant laws revised by this Act after the day of enforcement of this Act, except in cases where the provisions in Article 2 through the preceding article of the Supplementary Provisions or the transitional measures of the relevant laws (including orders pursuant to them) are revised by this Act.
(2) With regard to obligations relating to reports, notification, submissions or other procedures involving a governmental institution or a local government body pursuant to the provisions in the relevant laws prior to the revision by this Act before the enforcement of this Act, if the matters have not followed the due procedures prior to the enforcement of this Act, they shall be considered as obligations relating to reports, notification, submissions or other procedures involving a governmental institution or a local government body pursuant to the provision of the relevant law revised by this Act that have not gone through the procedures yet, in which case the relevant provisions of the law revised by this Act shall apply to the matters, except as otherwise provided for in this Act or by a Cabinet Order pursuant to this Act.
(Transitional Measures for Appeals)
Article 161 (1) With regard to appeals relating to dispositions pertaining to national affairs conducted before the enforcement of this Act, if the relevant government agency (hereinafter referred as to "administrative agency ordering the disposition" in this article) had a higher government agency prescribed in the Administrative Appeal Act before the day of enforcement (hereinafter referred as to "higher government agency" in this article), the said higher government agency shall be deemed to remain in existence even after the day of enforcement, in which case the provisions of the Administrative Appeal Act shall apply to such appeal. In this case, said higher government agency shall be deemed to be the one that was then a higher government agency of the administrative agency ordering the disposition before the enforcement of this Act.
(2) In the case referred to in the preceding paragraph, if such higher government agencies are local government bodies, the matters to be dealt with by such bodies pursuant to the provisions of the Administrative Appeal Act shall be deemed to be the statutory delegated functions of Item 1 prescribed in Item 1 of Paragraph 9 of Article 2 of the new Local Autonomy Act.
(Transitional Measures for Fees)
Article 162 The provisions already in force shall remain applicable to the payment of fees pursuant to the provisions of the relevant laws (including orders pursuant to the act) prior to the revision by this Act before the day of enforcement of this Act, except as otherwise provided by this Act or a Cabinet Order pursuant to this Act.
(Transitional Measures for Penal Provisions)
Article 163 The penal provisions already in force shall remain applicable to the acts conducted before the enforcement of this Act.
(Other Transitional Measures Authorized by Cabinet Order)
Article 164 In addition to the prescriptions in the Supplementary Provisions, necessary transitional measures for the enforcement of this Act (including the transitional measures for penal provisions) shall be specified by Cabinet Order.
(Examination)
Article 250 The statutory delegated function in Item 1 pursuant to Item 1 of Paragraph 9 of Article 2 of the new Local Autonomy Act shall not, as far as is possible, be newly created, and matters listed in the appended Table 1 of the new Local Autonomy Act and specified by a Cabinet Order pursuant to the new Local Autonomy Act shall be examined and reviewed accordingly from a local autonomy standpoint.
Article 251 The government shall take necessary measures, based on studies which take developments including the economic situation into consideration, with regard to how to raise and secure financial resources for local taxation in line with role sharing between national and local governments, in such a way that local governments can conduct their affairs and perform services freely and independently.
Act for Enforcement of the Reform-Related Acts including Central Government Ministries and Agencies (Act No. 160 of 1999) Extract
(Transitional Measures for Dispositions, Applications etc.)
Article 1301 (1) Dispositions, notification, or other acts such as licenses, permissions, approvals, acceptances, designations etc. conducted by a state body already in fore pursuant to the provisions of the laws and regulations prior to the enforcement of the Act for Enforcement of the Reform-Related Acts including Central Government Ministries and Agencies and this Act (hereinafter referred to as "reform-related acts etc." collectively) shall be considered as dispositions, notification, or other acts such as licenses, permissions approvals, acceptances, designations etc. conducted by the relevant state body pursuant to the provisions of the laws and regulations after the enforcement of the reform-related acts, except as otherwise provided for by other laws and regulations.
(2) Applications, notification, or other acts filed with a state body already in force pursuant to the provisions of the laws and regulations in place when the reform-related acts come into force, shall be considered as applications, notification, or other acts filed with a state body pursuant to the corresponding provisions of the laws and regulations after the reform-related acts come into force, except as otherwise provided for by other laws and regulations.
(3) With regard to matters concerning obligatory reports, notification, submissions or other procedures involving a state body already in force pursuant to the provisions of the laws and regulations prior to the reform-related acts coming into force, if they have not gone through the due procedures before the day of enforcement of the reform-related acts, they shall be deemed matters concerning obligatory reports, notification, submissions or other procedures involving a relevant state body pursuant to the corresponding provisions of the laws and regulations after the enforcement of the reform-related acts that have not gone through the procedures yet, and in which case the provisions in the laws and regulations after the enforcement of the reform-related acts shall be applied.
(Transitional Measures for Dispositions etc. pursuant to the Provisions then in Force)
Article 1302 Dispositions, notification, or other acts such as licenses, permissions, approvals, acceptances, designations etc. to be conducted by the state body already in force, or applications, notification, or other acts to be filed with the state body already in force pursuant to the provisions of the laws and regulation then in force, shall be conducted by the relevant state body or be filed with the relevant state body respectively, based on a classification of duties and functions under the jurisdiction pursuant to the laws and regulations after the enforcement of the reform-related acts, except as otherwise provided for by other laws and regulations.
(Transitional Measures for Penal Provisions)
Article 1303 Penal provisions already in force shall remain applicable to acts conducted prior to the enforcement of the reform-related acts.
(Authorization by Cabinet Order)
Article 1344 In addition to the provisions in Article 71 through Article 76, and Article 1301 through the preceding article, and the provisions prescribed in the Act for Enforcement of the Reform-Related Acts including Central Government Ministries and Agencies, necessary transitional measures on enforcement of the reform-related acts (including transitional measures for penal provision) shall be specified by a Cabinet Order.
Supplementary Provisions (Act No. 160 of December 22, 1999) Extract
(Effective Date)
Article 1 This Act (except Article 2 and Article 3) shall come into force as from January 6, 2001; provided, however, that the following items shall come into force as from the day specified for each item:
(i) The provisions of Article 995 (limited to the portion pertaining to the revision provision in the Supplementary Provisions relating to the partial revision of the Act concerning regulations relating to nuclear source materials, nuclear fuel materials, and nuclear reactors), Article 1305, Article 1306, Paragraph 2 of Article 1324, Paragraph 2 of Article 1326 and Article 1344: the day of promulgation.
Supplementary Provisions (Act No. 145 of October 16, 2003) Extract
(Effective Date)
Article 1 This act shall come into force from the date when twenty days from the day of promulgation have elapsed.
(Transitional Measures for Penal Provisions)
Article 3 The penal provisions already in force shall remain applicable to acts conducted before the enforcement of this Act.
(Examination)
Article 4 Five years after the day this Act comes into force, the government shall examine the provisions of the Act and, based on the results of this examination, take any measures necessary, taking into consideration the enforcement conditions of the Act.
Supplementary Provisions (Act No. 106 of 2006) Extract
(Effective Date)
Article 1 This Act shall come into force as from the day specified by a Cabinet Order within a period not exceeding six months from the day of promulgation.(omit after words)
(This Act came into force as from June 1 of 2007 by the Cabinet Order No. 44 of 2007)
(Examination)
Article 12 Five years after the day this Act comes into force, the government shall examine the provisions of the Act and, based on the results of this examination, take any measures necessary, taking into consideration the enforcement conditions of the Act.
(Transitional Measures for Penal Provisions)
Article 24 Penal provisions already in force shall remain applicable to actions prior to the enforcement of this Act (or the provisos in Article 1 of the Supplementary Provisions, if applicable), and actions conducted after the enforcement of the provision of the provisos of said article in cases where the provisions then in force remain applicable to actions pursuant to the Supplementary Provisions.
(Other Transitional Measures Authorized by Cabinet Order)
Article 25 In addition to prescriptions in the Supplementary Provisions, necessary transitional measures for the enforcement of this Act shall be specified by Cabinet Order.