Article 34(1)In this Act, the meanings of the terms set forth in the following items are prescribed respectively in those items:

(2)The standard government positions set forth in item (v) of the preceding paragraph are officers, unit chiefs, assistant directors, directors and other government positions, and are specified by Cabinet Order in accordance with the classified job ladder and the types of official duties.

Article 35When a government position becomes vacant, an appointer, except as otherwise provided for by law or by rules of the National Personnel Authority, may appoint an official through any one of the following methods: initial appointment, promotion, demotion or transfer; provided, however, that this does not apply when the National Personnel Authority finds special necessity to and designates the method of appointment.

Article 36Initial appointment of officials is to be made through competitive examinations; provided, however, that when an appointer initially appoints someone to a government position other than those of an officer (standard government positions are officers in the classified job ladder provided for in Article 34, paragraph (2) and other equivalent government positions provided for by rules of the National Personnel Authority; the same applies for Article 45-2, paragraph (1)) or when it is provided for by rules of the National Personnel Authority, this provision must not preclude such appointment by means of examinations based on demonstrated abilities other than through competitive examinations (hereinafter referred to as "selection").

Article 37Deleted.

Article 38No person falling under any of the following items may be eligible to assume a government position except as provided for by rules of the National Personnel Authority:

Article 39No person, for the purpose of realizing any cases that fall under any of the following items, may pay or receive, offer, demand, or promise to pay or receive money or other interest, use intimidation, compulsion or any other similar methods, directly or indirectly utilize or offer, demand or promise to utilize their public status, or in any way participate in such acts:

Article 40No person may make any false or wrongful statement, entry, certification, scoring, appraisal or report with regard to a recruitment examination, selection, appointment or personnel records.

Article 41No person belonging to any examining body or other officials may impede the taking of an examination, or appointment, or provide any special or confidential information for the purpose of exerting unjust influence on the taking of examinations or appointment.

Article 42Recruitment examinations are held pursuant to orders based on this Act.

Article 43Persons who are ineligible due to lack of qualifications provided for in Article 44 or who otherwise are ineligible to assume a government position may not compete in examinations.

Article 44The National Personnel Authority may, by rules of the National Personnel Authority, provide for the minimum objective and uniform requirements indispensable to the performance of duties in accordance with government positions as the necessary qualifications for examinees.

Article 45The purpose of recruitment examinations is to determine whether the examinee has the ability to perform standard duties of the standard government position of the classified job ladder for which said recruitment examination is being held, and aptitude required for the position for which said recruitment examination is being held.

Article 45-2(1)Recruitment examinations are to be held for government positions listed below:

(2)Types of recruitment examinations are listed below:

(3)Particulars concerning human resources to be secured by recruitment examinations are provided for by Cabinet Order for each type of recruitment examination listed in the items of the preceding paragraph.

(4)The Cabinet Order set forth in the preceding three paragraphs is to be prescribed after hearing the opinions of the National Personnel Authority.

Article 45-3Beyond those provided for in this Act, method of recruitment examinations, subjects of examination, method of determination of successful candidates and other particulars concerning recruitment examinations are prescribed by rules of the National Personnel Authority in accordance with each type of recruitment examination listed in the items of paragraph (2) of the preceding Article.

Article 46Recruitment examinations must be open on equal conditions for any citizen who possesses the qualifications for taking them, which are provided for by rules of the National Personnel Authority.

Article 47(1)Announcement of recruitment examinations must be by public notice.

(2)The announcement set forth in the preceding paragraph is to state the outline of the duties and responsibilities and the remuneration of the government positions pertaining to the recruitment examination, the requisite qualifications for taking the examination, the time and place of the recruitment examination, where, when and how application forms may be secured and submitted, and other qualifying procedures which are observed, and other related information which the National Personnel Authority finds necessary to provide.

(3)The public notice provided for in paragraph (1) must, pursuant to rules of the National Personnel Authority, be given publicity in such a way that all details necessary for taking the examination may become widely known to all persons qualified for taking such examination.

(4)The National Personnel Authority must endeavor at all times to secure the participation of persons deemed qualified to take examinations.

(5)Recruitment examinations announced or in progress may be rescinded or changed by the National Personnel Authority.

Article 48Recruitment examinations are, pursuant to rules of the National Personnel Authority, be conducted by examining bodies designated by the National Personnel Authority.

Article 49The time and place of recruitment examinations must be decided on so that they are accessible within reason for any person qualified to take them within Japan.

Article 50With regard to initial appointment of officials by recruitment examinations, a list of candidates for initial appointment is to be prepared pursuant to rules of the National Personnel Authority.

Article 51The names and examination scores of persons who have achieved a passing score or better in recruitment examinations are to be entered into the list of candidates for initial appointment as eligible to be appointed for the government positions concerned.

Article 52The list of candidates for initial appointment must be available for inspection at all times upon request by the examinees, appointers, and other persons concerned.

Article 53The National Personnel Authority may, at its discretion, invalidate lists of candidates for initial appointment when one year or more has passed since said lists were prepared, or at any time due to one of the reasons specified by the National Personnel Authority.

Article 54(1)The Prime Minister must, from the viewpoint of securing the efficient performance of public duties, prepare a proposal of a basic policy to secure appropriate and effective operation of the system that governs initial appointment, promotion, demotion and transfer of officials (hereinafter referred to as the "Basic Policy on Initial Appointment, Promotion, etc.") through consultation in advance with appointers provided for in paragraph (1) of the following Article or provided for in other Acts, and request a Cabinet decision.

(2)Beyond basic particulars provided for in Article 33-2, the Basic Policy on Initial Appointment, Promotion, etc. is to prescribe the following particulars:

(3)When stipulating the guidelines of item (vi) of the preceding paragraph, particulars concerning restriction on vacancy announcements of the government positions with duties of criminal investigation and other peculiarities, as well as other particulars required to secure appropriateness of vacancy announcements of officials are to be considered.

(4)When a Cabinet decision is made under paragraph (1), the Prime Minister must make public the Basic Policy on Initial Appointment, Promotion, etc. without delay.

(5)The provisions of paragraph (1) and the preceding paragraph apply mutatis mutandis to amendments to the Basic Policy on Initial Appointment, Promotion, etc.

(6)An appointer must execute initial appointment, promotion, demotion, and transfer of officials in accordance with the Basic Policy on Initial Appointment, Promotion, etc.

Article 55(1)Unless otherwise provided for by laws, appointive power is to be vested in the Cabinet, each Minister (this refers to the Prime Minister and Ministers of each Ministry; the same applies hereinafter), the President of the Board of Audit, the President of the National Personnel Authority, the Grand Steward of the Imperial Household Agency, and the heads of each external bureau. The appointive power held by the head of these organs is restricted to government positions within their organizational structure, while the appointive power of the Cabinet is restricted to government positions within the organizations directly attached to it (excluding the Cabinet Office); provided, however, that the power to appoint heads of external bureaus (in the case of agencies other than implementing agencies provided for in Article 7, paragraph (5) of the National Government Organization Act, executive service of said external bureaus) is vested in each Minister.

(2)The appointer who is the head of an administrative organ provided for in the preceding paragraph may delegate such appointive power of government positions other than those of executive service (including executive service when the Cabinet has appointive power) only to a high-ranking national public officer (the Prime Minister or Minister of State in the case of executive service of which the Cabinet has appointive power) within such organ. All such delegations must be presented to the National Personnel Authority in writing in advance of the effective date.

(3)No person who has not met the requirements provided for in this Act, rules and directives of the National Personnel Authority may be appointed, employed, promoted or transferred or assigned to any government position.

Article 56The initial appointment of an official from a list of candidates for initial appointment is to be made by an appointer, taking into consideration the result of an interview conducted by an appointer for a person on said list.

Article 57The initial appointment of an official by means of selection (excluding cases falling under appointment to executive service) is to be made by an appointer from among persons who are found to have the ability to perform standard duties of the standard government position of the classified job ladder pertaining to the position to be filled, and aptitude required for the position to be filled.

Article 58(1)The promotion and transfer of an official (excluding cases falling under appointment to executive service) are to be made by an appointer, based on the personnel evaluation, from among persons who are found to have the ability to perform standard duties of the standard government position of the classified job ladder pertaining to the position to be filled and aptitude required for the position to be filled.

(2)When an appointer demotes an official (excluding cases falling under appointment to executive service), the appointer is to appoint the official, based on the personnel evaluation of said official, to a government position which said official is found to have the ability to perform standard duties of the standard government position of the classified job ladder pertaining to the position to be filled and aptitude required for the position to be filled.

(3)With regard to the promotion, demotion and transfer of an official (excluding cases falling under appointment to executive service) who has not had personnel evaluation due to circumstances such as having been dispatched to an international organization or a private enterprise, etc., notwithstanding the provisions of the preceding two paragraphs, an appointer may promote, demote or transfer said official, based on demonstrated abilities other than those demonstrated by personnel evaluation, to a government position in consideration of said official's ability to perform standard duties of the standard government position of the classified job ladder pertaining to the position to be filled and aptitude required for the position to be filled.

Article 59(1)The initial appointment or promotion of officials to every government position in the regular service is to be considered conditional and to become regular only after the appointee has served in the government position concerned for a period of not less than 6 months during which the appointee had performed satisfactorily the duties of that position.

(2)Necessary particulars concerning conditional initial appointment or the establishment of a conditional period of initial appointment exceeding 6 months are prescribed by rules of the National Personnel Authority.

Article 60(1)An appointer, pursuant to rules of the National Personnel Authority, may effect, with the approval of the National Personnel Authority, temporary appointment with a term of office not exceeding 6 months, in emergencies, in temporary government positions or in instances when a list of candidates for initial appointment does not exist. In such cases, such appointment may, with the approval of the National Personnel Authority pursuant to rules of the National Personnel Authority, be renewed for a period of 6 months, but may not be renewed a second time.

(2)The National Personnel Authority may, with respect to temporary appointments, limit the number of persons so appointed or specify qualifications of persons to be so appointed.

(3)The National Personnel Authority may rescind any temporary appointment which violates the provisions of the preceding two paragraphs or rules of the National Personnel Authority.

(4)Temporary appointment does not in any way confer priority for permanent appointment.

(5)Beyond what is provided for in the preceding paragraphs, this Act and rules of the National Personnel Authority are applied to temporary appointees.

Article 61The administrative leave, reinstatement, retirement, and dismissal of officials are executed by the appointer, subject to this Act and rules of the National Personnel Authority.

Article 61-2(1)The Prime Minister is to implement a fair screening process (hereafter referred to as "eligibility screening") to confirm whether persons listed below have the ability to perform standard duties (including said ability to perform standard duties prescribed in Article 30-2, paragraph (1), item (v) of the Self-Defense Forces Act (Act No. 165 of 1954); the same applies in the next paragraph) of the government position (including positions held by personnel other than uniformed members of the self-defense forces prescribed in item (ii) of said paragraph; the same applies in the next paragraph and Article 61-11) belonging to executive service (including executive service prescribed in Article 30-2, paragraph (1), item (vi) of said Act; hereinafter the same applies in this Article), pursuant to the provisions of Cabinet Order:

(2)The Prime Minister, pursuant to the provisions of Cabinet Order, is to prepare a list stating the name and other particulars specified by Cabinet Order (hereinafter referred to as "executive candidates list") pertaining to persons who are confirmed to have the ability to perform standard duties of the government position belonging to executive service by the eligibility screening.

(3)When an appointer requests to present the executive candidates list, the Prime Minister is to present it to said appointer pursuant to the provisions of Cabinet Order.

(4)The Prime Minister is to implement the eligibility screening and renew the executive candidates list periodically, whenever an appointer requests to implement it and whenever the Prime Minister finds it to be necessary, pursuant to the provisions of Cabinet Order.

(5)The Prime Minister is to delegate the power given by the provisions of the preceding paragraphs to the Chief Cabinet Secretary.

(6)Provisions of Cabinet Order pertaining to paragraph (1) excluding listed matters in each item and paragraphs (2) to (4) are to be prescribed after hearing the opinions of the National Personnel Authority.

Article 61-3(1)In the case of initially appointing an official to a position belonging to executive service by means of selection, an appointer is to appoint an official from among those who are on the executive candidates list and have aptitude required for said position belonging to executive service.

(2)In the case of promoting or transferring an official to a position belonging to executive service, an appointer is to promote or transfer an official from among those who are on the executive candidates list and have aptitude required for said position belonging to the executive service based on the official's personnel evaluation.

(3)In the case of demoting an official on the executive candidates list to a position belonging to the executive service, an appointer is to appoint an official to a position belonging to the executive service for which the person has aptitude based on the official's personnel evaluation.

(4)In the case of promoting, demoting or transferring to a position belonging to the executive service, an official on the executive candidates list who has not had personnel evaluation due to circumstances such as having been dispatched to an international organization or a private enterprise, etc., notwithstanding the provisions of the preceding two paragraphs, an appointer may promote, demote or transfer said official, based on demonstrated abilities other than those demonstrated by personnel evaluation, to a position belonging to the executive service in consideration of the aptitude of said official to said executive service.

Article 61-4(1)In the case of initially appointing by means of selection, promoting, transferring or demoting an official to a position belonging to the executive service, of promoting, transferring or demoting an executive official to a governmental position not belonging to the executive service, or of retirement (limited to those specified by Cabinet Order; the same applies in paragraph (4)) or dismissal of executive officials (hereinafter referred to as "initial appointment, etc." in this Article), an appointer is to have a consultation in advance with the Prime Minister and the Chief Cabinet Secretary, and implement initial appointment, etc. based on said consultation pursuant to the provisions of Cabinet Order.

(2)In the case referred to in the preceding paragraph, where there is no time available to consult the Prime Minister and the Chief Cabinet Secretary in advance by any disaster or other urgent and inevitable reasons, an appointer may implement initial appointment, etc. without said consultation notwithstanding the provisions of said paragraph.

(3)When an appointer implements the initial appointment, etc. of officials pursuant to the provisions of the preceding paragraph, the appointer must notify the Prime Minister and the Chief Cabinet Secretary of said initial appointment, etc. and, without delay, consult said initial appointment, etc. with the Prime Minister and the Chief Cabinet Secretary pursuant to the provisions of Cabinet Order, and take necessary measures based on said consultation.

(4)When the Prime Minister or the Chief Cabinet Secretary finds it necessary to secure appropriate personnel management regarding executive officials, the Prime Minister or the Chief Cabinet Secretary may request an appointer to have a consultation on promotion, transfer, demotion, retirement and dismissal of executive officials (hereinafter referred to as "promotion, etc." in this paragraph).In this case, if an agreement is reached, the appointer is to implement a promotion, etc. based on said consultation.

Article 61-5(1)An appointer is to report the situation of appointment to managerial service to the Prime Minister periodically, and whenever the Prime Minister requests to report, pursuant to the provisions of Cabinet Order.

(2)When the Prime Minister finds it necessary in light of the standards specified by Article 54, paragraph (2), item (iv), the Prime Minister may request an appointer to take necessary measures including the improvement of operation concerning appointment to managerial service.

Article 61-6The Prime Minister is to conduct necessary coordination including provision of information to appointers, promotion of mutual exchange of information between appointers, in order to facilitate smooth implementation of appointment to managerial service (including managerial service prescribed in Article 30-2, paragraph (7), item (vii) of the Self-Defense Forces Act) subject to another appointer.

Article 61-7(1)The Prime Minister may request the Cabinet Office, each ministry and other organs, pursuant to the provisions of Cabinet Order, to provide information regarding personnel affairs of executive officials of said organs, managerial officials of said organs, persons of said organs subject to courses prescribed in Article 61-9, paragraph (2), item (ii) and other officials provided for by Cabinet Order as equivalent to those, to promote smooth implementation of provisions of this and next subsections.

(2)The Prime Minister is to appropriately manage information submitted pursuant to the provisions of the preceding paragraph, pursuant to the provisions of Cabinet Order.

Article 61-8(1)With regard to the government positions of the organs within the Cabinet pursuant to the provisions of laws (excluding the Cabinet Legislation Bureau and the Cabinet Office; hereinafter referred to as "organs directly under the Cabinet" in this paragraph), the National Personnel Authority, the Public Prosecutors Office and the Board of Audit (excluding those belong to organs directly under the Cabinet to which an appointer executes appointive power delegated from the Cabinet), the provisions of Articles 61-2 to 61-5 are not to be applied to them. With regard to the application of the provisions of Articles 57, Article 58 and paragraph (1) of the preceding Article, the phrase "The initial appointment of an official by means of selection (excluding cases falling under appointment to executive service)" in Article 57 is deemed to be replaced with "The initial appointment of an official by means of selection", the phrase "transfer of an official (excluding cases falling under appointment to executive service)" in Article 58, paragraph (1) is deemed to be replaced with "transfer of an official", the phrase "demotes an official (excluding cases falling under appointment to executive service)" in paragraph (2) of said Article is deemed to be replaced with "demotes an official", the phrase "transfer of an official (excluding cases falling under appointment to executive service)" in paragraph (3) of said Article is deemed to be replaced with "transfer", and the phrase " pursuant to the provisions of Cabinet Order" in paragraph (1) of the preceding Article is deemed to be replaced with "pursuant to the provisions of Cabinet Order only when officials of said organ are subject to the eligibility screening and in other case specified by Cabinet Order as necessary".

(2)With regard to the government positions of the National Police Agency, the provisions of Articles 61-2, Article 61-3, Article 61-4, paragraph (4), and Article 61-5 are not to be applied to them. With regard to the application of the provisions of Articles 57, Article 58, Article 61-4, paragraphs (1) to (3), and paragraph (1) of the preceding Article, the phrase "The initial appointment of an official by means of selection (excluding cases falling under appointment to the executive service)" in Article 57 is deemed to be replaced with "The initial appointment of an official by means of selection", the phrase "transfer of an official (excluding cases falling under appointment to the executive service)" in Article 58, paragraph (1) is deemed to be replaced with "transfer of an official", the phrase "demotes an official (excluding cases falling under appointment to the executive service)" in paragraph (2) of said Article is deemed to be replaced with "demotes an official", the phrase "transfer of an official (excluding cases falling under appointment to the executive service)" in paragraph (3) of said Article is deemed to be replaced with "transfer of an official", the phrase "an appointer is to have a consultation in advance with the Prime Minister and the Chief Cabinet Secretary, and implement initial appointment, etc. based on said consultation" in Article 61-4, paragraph (1) is deemed to be replaced with "an appointer is to notify the Prime Minister and the Chief Cabinet Secretary (the Prime Minister and the Chief Cabinet Secretary through the National Public Safety Commission when the appointer is the Commissioner General of the National Police Agency). In this case, the Prime Minister and the Chief Cabinet Secretary may state opinions from the viewpoint of having the ability to perform standard duties pertaining to executive service to the appointer (the appointer through the National Public Safety Commission when the appointer is the Commissioner General of the National Police Agency)", the phrase "to consult the Prime Minister and the Chief Cabinet Secretary" in paragraph (2) of said Article is deemed to be replaced with "to notify the Prime Minister and the Chief Cabinet Secretary (the Prime Minister and the Chief Cabinet Secretary through the National Public Safety Commission when the appointer is the Commissioner General of the National Police Agency)", the phrase "without said consultation" with "without said notice", the phrase "notify the Prime Minister and the Chief Cabinet Secretary of said appointment, etc. and, without delay," in the paragraph (3) of said Article is deemed to be replaced with ", without delay," the phrase "consult said initial appointment, etc. with the Prime Minister and the Chief Cabinet Secretary pursuant to the provisions of Cabinet Order, and take necessary measures based on said consultation" with "notify the Prime Minister and the Chief Cabinet Secretary (the Prime Minister and the Chief Cabinet Secretary through the National Public Safety Commission when the appointer is the Commissioner General of the National Police Agency). In this case, the Prime Minister and the Chief Cabinet Secretary may state opinions from the viewpoint of having the ability to perform standard duties pertaining to executive service to the appointer (the appointer through the National Public Safety Commission when the appointer is the Commissioner General of the National Police Agency)", and the phrase "pursuant to the provisions of Cabinet Order" in paragraph (1) of the preceding Article is deemed to be replaced with "pursuant to the provisions of Cabinet Order only when officials of said organ are subject to the eligibility screening and in other cases specified by Cabinet Order as necessary".

(3)With regard to the government positions of executive service of the Cabinet Legislation Bureau, the Imperial Household Agency, commissions established as external bureaus (excluding those specified by Cabinet Order) and implementing agencies provided for in Article 7, paragraph (5) of the National Government Organization Act (excluding the heads of these organs), the provisions of Article 61-4, paragraph (4) are not to be applied to them. With regard to the application of the provisions of paragraphs (1) and (3) of said Article, the phrase "the Prime Minister" in paragraph (1) of said Article is deemed to be replaced with "the Prime Minister through the competent minister regarding matters pertaining to the organ to which the appointer belongs (referred to simply as "competent minister" in paragraph (3)) prescribed in the Cabinet Act (Act No. 5 of 1947)", and the phrase "the Prime Minister" in paragraph (3) of said Article with "the Prime Minister through the competent minister".

Article 61-9(1)The Prime Minister, Ministers of each Ministry (including the Minster of Defense who has power concerning appointment and dismissal of self-defense forces personnel pursuant to the provisions of Article 31, paragraph (1) of the Self-Defense Act), the President of the Board of Audit, the President of the National Personnel Authority, and heads of other organs specified by Cabinet Order (hereinafter referred to as "each Minister, etc." in this Article and next Article) are to establish courses (hereinafter referred to as "fostering courses for executive candidates") to foster officials (including self-defense forces personnel (excluding uniformed members of the self-defense forces); the same applies in the next paragraph) who have appropriate abilities and experience suitable for their duties as managerial official (including managerial self-defense forces personnel prescribed in Article 30-2, paragraph (1), item (vii); the same applies in the next paragraph) who can become candidates for an executive official, and operate them in accordance with the standards provided for by the Prime Minister.

(2)The standards set forth in the preceding paragraph are to prescribe the following particulars:

Article 61-10(1)Each Minister, etc. (excluding the President of the Board of Audit and the President of the National Personnel Authority; the same applies in the next paragraph) is to report the status of operation of fostering courses for executive candidates to the Prime Minister periodically, and whenever the Prime Minister requests to report, pursuant to the provisions of Cabinet Order.

(2)When the Prime Minister finds it necessary in light of the standards specified by paragraph (1) of the preceding Article, the Prime Minister may request each Minister, etc. to take necessary measures including the improvement of the operation of fostering courses for executive candidates.

Article 61-11The provisions of Article 61-6 apply mutatis mutandis to the appointment of persons subject to courses to government positions subject to another appointer.

Article 63Remuneration to officials is paid under law provided for separately, and, unless provided for therein, no money or valuables of any kind may be given as payment.

Article 64(1)Salary schedules must be provided for in the law set forth in the preceding article (hereinafter referred to as "the Act on Remuneration").

(2)Salary schedules, which are determined after taking into consideration the cost of living, prevailing wage rates of the private sector and other appropriate circumstances determined by the National Personnel Authority, must include a clearly specified range for the amount of salary for each grade.

Article 65(1)Beyond the salary schedules set forth in the preceding Article, the following items must be provided for in the Act on Remuneration:

(2)The standards set forth in item (1) of the preceding paragraph are to be determined after taking into consideration length of service, efficiency of service and other service-related requirements.

Article 66Deleted.

Article 67The National Personnel Authority, beyond what is provided for in Article 28, paragraph (2) must regularly conduct necessary research and study concerning the particulars as provided for in the Act on Remuneration and must, when it finds it necessary to revise them, prepare revision proposals without delay and make recommendations to the Diet and the Cabinet.

Article 68(1)A person who pays remuneration to officials must first prepare a payroll with regard to recipients.

(2)Payrolls must be kept available for audit by officials of the National Personnel Authority at all times.

(3)Except for those provided for in the preceding two paragraphs, necessary particulars concerning payrolls are provided for by rules of the National Personnel Authority.

Article 69When it is necessary to ensure that payment of remuneration is made to officials in compliance with laws and regulations, rules of the National Personnel Authority or directives of the National Personnel Authority, the National Personnel Authority may audit payrolls and order rectifications when it finds it necessary to do so.

Article 70When it is discovered that payment of remuneration has been made in violation of laws and regulations, rules of the National Personnel Authority or directives of the National Personnel Authority, the National Personnel Authority, in addition to taking appropriate measures on the matters under its own jurisdiction must, when it finds it necessary to do so and according to the nature of the case, report this to the Board of Audit or notify a public prosecutor of this.

Article 82(1)When an official falls under any of the following items, the official may, as disciplinary action, be dismissed, suspended from duty, suffer a reduction in pay or be reprimanded :

(2)When an official who retired, upon request of an appointer to become a national public employee in the special service, a local public employee, or an employee of the Okinawa Development Finance Corporation or any other corporation designated by rules of the National Personnel Authority from among corporations whose business is closely related to that of the national government (hereinafter referred to as "a national public employee in the special service, etc." in this paragraph), was continuously appointed as a national public employee in the special service, etc., and then was continuously appointed as an official on the premise of said retirement (including cases where an official who held the position of a national public employee in the special service, etc., continuously held one or more government positions in the special service, etc., and was continuously appointed as an official on the premise of said retirement) falls under any of the items in the preceding paragraph during the continuous period of holding office as an official up to said retirement (in cases of an official who, before said retirement, had a similar retirement (hereinafter referred to as "the previous retirement" in this paragraph), had held office as a national public employee in the special service, etc., and had held office as an official, the period up to the previous retirement is included, hereinafter referred to as "the period of holding office as an official up to the previous retirement responding to the request" in this paragraph), any of the disciplinary actions prescribed in said paragraph may be taken. When an official who is appointed pursuant to the provisions of Article 81-4, paragraph (1) or of Article 81-5, paragraph (1) falls under any of the items of the preceding paragraph during the continuous period of holding office as an official up to the day when the official mandatorily retired, etc. (including the period of holding office as an official up to the previous retirement responding to the request), or the period that the official had held office as an official after the appointment pursuant to the provisions of Article 81-4, paragraph (1) or of Article 81-5, paragraph (1), the same also applies.

Article 83(1)The period of suspension from duty is provided for by rules of the National Personnel Authority within the limit of not exceeding one year.

(2)Although an official suspended from duty still retains the status as an official, the official does not attend to the official's duties during this time. An official suspended from duty may not receive remuneration of any kind during the period of suspension except under the provisions of Article 92.

Article 84(1)Disciplinary action is administered by an appointer.

(2)The National Personnel Authority may initiate disciplinary proceedings against officials through investigation as provided for in this Act.

Article 84-2The National Personnel Authority is to delegate the authority provided for in paragraph (2) of the preceding Article (limited to those implemented with regard to the acts violating the National Public Service Ethics Act or orders issued thereunder (including the official directives pursuant to the provisions of Article 5, paragraph (3) and codes pursuant to the provisions of paragraph (4) of the same Article of said Act)) to the National Public Service Ethics Board.

Article 85Even while a case which is to be subject to disciplinary action is pending in the criminal court, disciplinary proceedings may be taken for the same case at the discretion of the National Personnel Authority or the appointer with the approval of the National Personnel Authority. Any disciplinary action under this Act is not to preclude the official involved from being subjected to criminal prosecution for the same or related cases.

Article 106-2(1)An official, for the purpose of having another official or officer of an Agency Engaged in Administrative Execution (hereinafter referred to an "officer or official") after separation from service, or a person that has been an officer or official assume a position in a for-profit enterprise, etc. (which means a for-profit enterprise and a corporation other than for-profit enterprise (excluding the national government, international organizations, local governments, Agencies Engaged in Administrative Execution and Specified Local Incorporated Administrative Agencies provided for in Article 2, paragraph (2) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003)); the same applies hereinafter) or its subsidiary corporation (which means a corporation specified by Cabinet Order as having institutions that make decisions on financial or operational, or business policies (which means shareholders meetings and other equivalent institutions) controlled by said for-profit enterprise, etc. ; the same applies hereinafter), must not, to the for-profit enterprise, etc., provide information on said officer or official, or former officer or official, request to provide information on said position, or demand or request that said officer or official after separation from service, or former officer or official assume a position in said for-profit enterprise, etc. or its subsidiary corporation.

(2)The provisions of the preceding paragraph do not apply in the following cases:

(3)An "aggregate retirement allowance corporation" in item (ii) of the preceding paragraph means a corporation specified by Cabinet Order from among Incorporated Administrative Agencies (which means Incorporated Administrative Agencies provided for in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency; the same applies hereinafter) and corporations established pursuant to other special Acts, whose business is closely related to the administration or business of the national government (limited to corporations which prescribe in their rules concerning retirement allowance (including equivalent payments) that in case an official becomes an officer or becomes employed by said corporation without interruption upon the request of an appointer or a person who has been delegated by the appointer, the length of service as an official is aggregated to the length of service as an officer of said corporation or as a person employed by said corporation).

(4)An "official scheduled to receive an aggregate retirement allowance" in paragraph (2), item (ii) means an official specified by Cabinet Order from among officials who, upon the request of an appointer or a person who has been delegated by the appointer, have come to retire to become officers of the aggregate retirement allowance corporation (which means the aggregate retirement allowance corporation prescribed in the preceding paragraph; the same applies hereinafter) or to become employed by the aggregate retirement allowance corporation without interruption, and are expected to be appointed by means of selection without interruption, unless there are special circumstances, after employment in said aggregate retirement allowance corporation.

Article 106-3(1)An official must not provide information concerning the official, request the provision of information on a position, or demand or promise to assume a position to an interested enterprise, etc. (which means an organization specified by Cabinet Order from among for-profit enterprises, etc. that have an interest in the duties of the official; the same applies hereinafter), for the purpose of assuming said position in said interested enterprise, etc. or its subsidiary corporation after separation from service.

(2)The provisions of the preceding paragraph do not apply in the following cases:

(3)The authority of approval by the Prime Mister provided for in item (iv) of the preceding paragraph is delegated to the Reemployment Surveillance Commission.

(4)The authority delegated to the Reemployment Surveillance Commission as set forth in the preceding paragraph, may be delegated to the reemployment surveillance inspector pursuant to the provisions of Cabinet Order.

(5)With respect to the approval made by the Reemployment Surveillance Commission based on the authority delegated pursuant to the provisions of paragraph (3) (including approvals made by the reemployment surveillance inspector based on the authority delegated pursuant to the provisions of the preceding paragraph), a request for examination may be filed to the Reemployment Surveillance Commission.

Article 106-4(1)A former official who holds a position in for-profit enterprise, etc. after separation from service (excluding a person that has been an official scheduled to receive an aggregate retirement allowance and holds a position at the aggregate retirement allowance corporation (hereinafter referred to as an "official separated from service with an aggregate retirement allowance"); hereinafter referred to as a "reemployed official") must not demand or request to, or not to perform acts in the course of duties during the period of 2 years after separation from service, to an officer or official belonging to an organization such as bureau where the officer or official had held office during the period of 5 years prior to the separation from service, or to a person specified by Cabinet Order as being similar to the officer or official, concerning sales, leases, contracts for work and other contracts concluded between the national government, an Agency Engaged in Administrative Execution or a prefecture and said for-profit enterprise, etc. or its subsidiary corporation, or affairs concerning dispositions provided for in Article 2, item (ii) of the Administrative Procedure Act (Act No. 88 of 1993) against said for-profit enterprise, etc. or its subsidiary corporation (hereinafter referred to as "contract affairs, etc."), which has belonged to the duties during the period of 5 years prior to separation from service.

(2)Beyond what is prescribed in the preceding paragraph, a reemployed official who held the position of director-general of the department or director of the division as provided for in Article 21, paragraph (1) of the National Government Organization Act or an equivalent position specified by Cabinet Order prior to the day which is 5 years previous to the day of separation from service, must not demand or request to, or not to perform acts in the course of duties, during the period of 2 years after separation from service, to an officer or official belonging to an organization such as the bureau where the reemployed official has been holding said position, or to a person specified by Cabinet Order as being similar to the officer or official, concerning contract affairs, etc. that has been said official's duties prior to the day which is 5 years previous to the day of separation from service (limited to duties while in said position).

(3)Beyond what is prescribed in the preceding two paragraphs, a reemployed official who held the position of director-general provided for in Article 6 of the National Government Organization Act, administrative vice-minister provided for in Article 18, paragraph (1) of the same Act or director of the executive office or director-general of the bureau provided for in Article 21, paragraph (1) of the same Act, or an equivalent position specified by Cabinet Order, must not demand or request to, or not to perform acts in the course of duties, during the period of 2 years after separation from service, to an officer or official belonging to the Cabinet Office and Ministries and other national organs specified by Cabinet Order, Agencies Engaged in Administrative Execution or prefectural police where said reemployed official had held said position (hereinafter referred to as an "organ for which they served as director-general of the bureau, etc.") or to a person specified by Cabinet Order as being similar to the officer or official, concerning contract affairs, etc. that are under the jurisdiction of the organ for which they served as director-general of the bureau, etc.

(4)Beyond what is prescribed in the preceding three paragraphs, a reemployed official must not demand or request to, or not to perform acts in the course of duties, to an officer or official belonging to the Cabinet Office and Ministries where said reemployed official had held office, and other national organs specified by Cabinet Order, Agencies Engaged in Administrative Execution or prefectural police (hereinafter referred to as "administrative organ, etc." in this paragraph) or to a person specified by Cabinet Order as being similar to the officer or official, concerning contracts concluded between the national government, an Agency Engaged in Administrative Execution or a prefecture and for-profit enterprise, etc. (limited to which said reemployed official is currently holding a position) or its subsidiary corporation which the reemployed official has personally made decisions on the conclusion at said administrative organ, etc., or has made decisions on dispositions provided for in Article 2, item (ii) of the Administrative Procedure Act against said for-profit enterprise, etc. or its subsidiary corporation by said administrative organ, etc.

(5)The provisions of the preceding paragraphs do not apply in the following cases:

(6)The authority of approval by the Prime Minister provided for in item (vi) of the preceding paragraph is delegated to the Reemployment Surveillance Commission.

(7)The authority delegated to the Reemployment Surveillance Commission pursuant to the provisions of the preceding paragraph may be delegated to the reemployment surveillance inspector, pursuant to the provisions of Cabinet Order.

(8)With respect to the approval made by the Reemployment Surveillance Commission based on the authority delegated pursuant to the provisions of paragraph (6) (including approvals made by the reemployment surveillance inspector based on the authority delegated pursuant to the provisions of the preceding paragraph), a request for examination may be filed to the Reemployment Surveillance Commission.

(9)When an official receives a demand or request from a reemployed official that is prohibited pursuant to the provisions from paragraph (1) through paragraph (4), except for the cases listed in each item of paragraph (5) (including a demand or request that is prohibited pursuant to the provisions from paragraph (1) through paragraph (4) as applied mutatis mutandis pursuant to Article 54, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency), the official must notify the reemployment surveillance inspector to that effect, pursuant to the provisions of Cabinet Order.

Article 106-5(1)The Reemployment Surveillance Commission (hereinafter referred to as the "Commission") is established in the Cabinet Office.

(2)The Commission takes charge of the following affairs:

Article 106-6The Chairperson and Commission members independently exercise their authority.

Article 106-7(1)The Commission is composed of the Chairperson and four Commission members.

(2)Commission members are of part-time service.

(3)The Chairperson presides over the affairs of the Commission and represents it.

(4)If the Chairperson is unable to attend to the Chairperson's duties, a member designated in advance by the Chairperson performs the duties of the Chairperson.

Article 106-8(1)The Chairperson and Commission members are appointed, with the consent of both Houses of the Diet, by the Prime Minister from among persons who are of the highest moral character and integrity, can make fair judgment on retirement management of officials, have relevant knowledge and experience concerning law or society, and do not have previous experience as officers or officials or self-defense forces personnel (excluding previous experience as public prosecutors and other persons specified by Cabinet Order by taking the peculiarities of their duties into consideration).

(2)The Prime Minister may appoint the Chairperson or a Commission member notwithstanding the provisions of the preceding paragraph, if the consent of both Houses of the Diet cannot be obtained due to the closing of the Diet or dissolution of the House of Representatives, if the term of office of the Chairperson or a Commission member has expired or a vacancy occurs.

(3)In the case referred to in the preceding paragraph, ex post facto consent by both Houses of the Diet must be obtained in the first Diet session after appointment.In this case, if the ex post facto consent cannot be obtained by both Houses of the Diet, the Prime Minister must immediately dismiss said Chairperson or Commission member.

Article 106-9(1)The term of office of the Chairperson and Commission members is 3 years; provided, however, that the term of office of the Chairperson and Commission members appointed to fill a vacancy is the remaining term of their predecessor.

(2)The Chairperson and Commission members may be reappointed.

(3)When the term of office of the Chairperson and a Commission member expires, said Chairperson and Commission member are to continuously execute their duties until their successor is appointed.

Article 106-10The Chairperson and Commission members are not to be dismissed against their will while they are in office, except when they fall under any of the following items:

Article 106-11The Prime Minister must dismiss the Chairperson or any Commission member if the Chairperson or the Commission member falls under any of the items of the preceding Article.

Article 106-12(1)The Chairperson and Commission members must not divulge any secret which may have come to their knowledge in the course of duties. This also applies after they have left their position.

(2)The Chairperson or a Commission member must neither be an officer of any political party or political organization nor engage in political movements actively while in office.

(3)The Chairperson, while in office, must not engage in other jobs with remuneration, operate any for-profit enterprise, or conduct any business for the purpose of profit, except when they are permitted to do so by the Prime Minister.

Article 106-13The remuneration of the Chairperson and Commission members is specified in a separate Act.

Article 106-14(1)The Commission is to have reemployment surveillance inspectors (hereinafter called "inspectors").

(2)Inspectors are to carry out the following affairs, as provided for by the Commission:

(3)The fixed number of inspectors who should be in full-time service is provided for by Cabinet Order.

(4)Inspectors other than those provided for in the preceding paragraph are in part-time service.

(5)Inspectors are appointed, with the resolution of the Commission, by the Prime Minister from among persons who do not have previous experience as officers or officials or self-defense forces personnel (excluding previous experience as public prosecutors and other persons specified by Cabinet Order by taking the peculiarities of their duties into consideration).

Article 106-15(1)A Secretariat is established in the Commission to deal with the administrative affairs of the Commission.

(2)The Secretariat is to have a Secretary General and other necessary officials.

(3)The Secretary General is to take control of the affairs of the Secretariat in accordance with orders of the Chairperson.

Article 106-16When an appointer considers it suspicious for an official or a former official to have committed an act that violates restrictions on reemployment, etc. (which means an act that is in violation of the provisions from Article 106-2 through Article 106-4; the same applies hereinafter), the appointer must report thereon to the Commission.

Article 106-17(1)When an appointer considers it suspicious for an official or a former official to have committed an act that violates restrictions on reemployment, etc. and intends to investigate said act that violates restrictions on reemployment, etc., the appointer must notify thereon to the Commission.

(2)The Commission may request the appointer to report the progress of the investigation set forth in the preceding paragraph or state its opinion.

(3)When the appointer concludes the investigation set forth in paragraph (1), the appointer must report the results of said investigation to the Commission without delay.

Article 106-18(1)When the Commission considers it suspicious for an official or a former official to have committed an act that violates restrictions on reemployment, etc. due to a notification under Article 106-4, paragraph (9), a report under Article 106-16, or other causes, the Commission may request the appointer to investigate said act that violates restrictions on reemployment, etc.

(2)The provisions of paragraph (2) and paragraph (3) of the preceding Article apply mutatis mutandis to the investigation conducted pursuant to the preceding paragraph.

Article 106-19When the Commission receives a report pursuant to the provisions of Article 106-17, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to paragraph (2) of the preceding Article) and finds it necessary to do so, the Commission may have an inspector investigate jointly with the appointer an act that violates restrictions on reemployment, etc.

Article 106-20(1)When the Commission considers it suspicious for an official or a former official to have committed an act that violates restrictions on reemployment, etc. due to a notification under Article 106-4, paragraph (9), a report under Article 106-16, or other causes, and finds it particularly necessary, the Commission may decide to start investigating said act that violates restrictions on reemployment, etc., and may have an inspector conduct said investigation.

(2)The appointer must cooperate in the investigation set forth in the preceding paragraph.

(3)When the Commission concludes the investigation set forth in paragraph (1), it must notify the results of said investigation to the appointer without delay.

Article 106-21(1)When the Commission finds it appropriate for the appointer to take disciplinary action or other measures, in light of a report on the results of the investigation provided for in Article 106-17, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to Article 106-18, paragraph (2)), or as a result of an investigation conducted by the inspector as provided for in Article 106-19 or paragraph (1) of the preceding Article, the Commission may recommend that the appointer should take said measures.

(2)The appointer must report measures pertaining to the recommendation set forth in the preceding paragraph to the Commission.

(3)The Commission may make a recommendation to the Prime Minister concerning the measures which it finds necessary to assure appropriate application of the provisions of this Section.

Article 106-22Beyond what is provided for in Article 106-5 to the preceding Article, necessary particulars concerning the Commission are prescribed by Cabinet Order.

Article 106-23(1)When an official (excluding an official scheduled to receive an aggregate retirement allowance) promises to assume a position in a for-profit enterprise, etc. after separation from service, the official must promptly notify, pursuant to the provisions of Cabinet Order, the particulars specified by Cabinet Order to the appointer.

(2)The appointer who received the notification set forth in the preceding paragraph is to appoint the official who submitted said notification by taking the purpose of the provisions of Article 106-3, paragraph (1) into consideration.

(3)The appointer who received the notification set forth in paragraph (1) is to promptly notify the particulars pertaining to said notification to the Prime Minister, when the official who submitted said notification is an official holding a managerial or supervisory government position (hereinafter referred to as a "managerial-supervisory official") specified by Cabinet Order.

Article 106-24(1)When a former managerial-supervisory official (excluding an official separated from service with an aggregate retirement allowance; the same applies for the next paragraph) seeks to assume a position of an officer or another position specified by Cabinet Order in the corporations listed in the following items (excluding cases where the former managerial-supervisory official gave notification of the particulars specified by Cabinet Order pursuant to paragraph (1) of the preceding Article), during the period of 2 years after separation from service, the former managerial-supervisory official must, pursuant to the provisions of Cabinet Order, notify the Prime Minister of the particulars specified by Cabinet Order in advance:

(2)When a former managerial-supervisory official assumes a position in any undertaking other than a for-profit enterprise, or engages in any undertaking or carries out business (limited to cases where the former managerial-supervisory official receives remuneration), or assumes a position in a for-profit enterprise (excluding the corporations listed in item (ii) or item (iii) of the preceding paragraph) during the period of 2 years after separation from service, the former managerial-supervisory official must promptly notify the Prime Minister of the particulars specified by Cabinet Order pursuant to the provisions of Cabinet Order, except when the former managerial-supervisory official submits the notification provided for in paragraph (1) of the preceding Article or the preceding paragraph, or becomes an employee employed on a daily basis, or in other cases specified by Cabinet Order.

Article 106-25(1)The Prime Minister must report on notices provided for in Article 106-23, paragraph (3) and notifications provided for in the preceding Article to the Cabinet without delay, pursuant to the provisions of Cabinet Order.

(2)Each fiscal year, the Cabinet is to compile the reports set forth in the preceding paragraph, and makes public the particulars specified by Cabinet Order.

Article 106-26(1)The Prime Minister must prepare a proposal of the basic policy regarding the retirement management of officials (hereinafter referred to as the "Basic Policy on Retirement Management") in an advance consultation with appointers provided for in Article 55, paragraph (1) or provided for in other Acts, and ask for a Cabinet decision.

(2)When a Cabinet decision is made under the preceding paragraph, the Prime Minister must make public the Basic Policy on Retirement Management without delay.

(3)The provisions in the preceding two paragraphs apply mutatis mutandis to the revision of the Basic Policy on Retirement Management.

(4)An appointer must conduct retirement management of officials in accordance with the Basic Policy on Retirement Management.

Article 106-27When an managerial-supervisory official who obtained the approval provided for in Article 106-3, paragraph (2), item (iv) while in office assumes a position in a for-profit enterprise, etc. pertaining to said approval after separation from service, the Cabinet Office and Ministries or other national organs specified by Cabinet Order, Agencies Engaged in Administrative Execution or prefectural police where said managerial-supervisory official held office at the time of separation from service (hereinafter referred to as "organ for which they served" in this Article), pursuant to the provisions of Cabinet Order, must make public the following particulars during the period of 2 years after separation of said person from service (limited to the period while said person is holding a position in said for-profit enterprise, etc.):