生産性向上特別措置法施行規則(平成三十年内閣府令、公正取引委員会規則、個人情報保護委員会規則、総務省令、法務省令、財務省令、文部科学省令、厚生労働省令、農林水産省令、経済産業省令、国土交通省令、環境省令、原子力規制委員会規則第一号)
Regulation for Enforcement of the Act on Special Measures for Productivity Improvement(Order of the Cabinet Office, Fair Trade Commission Rules, Rules of the Personal Information Protection Commission, Order of the Ministry of Internal Affairs and Communications, Ministry of Justice Order, Ministry of Finance Order, Order of the Ministry of Education, Culture, Sports, Science and Technology, Order of the Ministry of Health, Labour and Welfare, Industry, Order of the Ministry of Agriculture, Forestry and Fisheries, Order of the Ministry of Economy, Trade and Industry, Order of the Ministry of Land, Infrastructure, Transport and Tourism, Order of the Ministry of the Environment, and Rules of the Nuclear Regulation Authority No. 1 of 2018)
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生産性向上特別措置法施行規則
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Regulation for Enforcement of the Act on Special Measures for Productivity Improvement
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平成三十年六月五日内閣府令、公正取引委員会規則、個人情報保護委員会規則、総務省令、法務省令、財務省令、文部科学省令、厚生労働省令、農林水産省令、経済産業省令、国土交通省令、環境省令、原子力規制委員会規則第一号
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Order of the Cabinet Office, Fair Trade Commission Rules, Rules of the Personal Information Protection Commission, Order of the Ministry of Internal Affairs and Communications, Ministry of Justice Order, Ministry of Finance Order, Order of the Ministry of Education, Culture, Sports, Science and Technology, Order of the Ministry of Health, Labour and Welfare, Industry, Order of the Ministry of Agriculture, Forestry and Fisheries, Order of the Ministry of Economy, Trade and Industry, Order of the Ministry of Land, Infrastructure, Transport and Tourism, Order of the Ministry of the Environment, and Rules of the Nuclear Regulation Authority No. 1 of June 5, 2018
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生産性向上特別措置法(平成三十年法律第二十五号)及び生産性向上特別措置法施行令(平成三十年政令第百八十一号)の規定に基づき、並びにこれらの法令を実施するため、生産性向上特別措置法施行規則を次のように定める。
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Based on the provisions of the Act on Special Measures for Productivity Improvement (Act No. 25 of 2018) and the Order for Enforcement of the Act on Special Measures for Productivity Improvement (Cabinet Order No. 181 of 2018), and for the purpose of enforcing the Act and Cabinet Order, the Regulation for Enforcement of the Act on Special Measures for Productivity Improvement is hereby established as follows.
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目次
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Table of Contents
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第一章 総則(第一条)
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Chapter I General Provisions(Article 1)
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第二章 革新的事業活動の促進
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Chapter II Promotion of Innovative Business Activities
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第一節 新技術等実証の促進(第二条―第九条)
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Section 1 Promotion of the Testing of New Technology(Articles 2 to 9)
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第二節 革新的データ産業活用の促進(第十条―第十九条)
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Section 2 Promotion of Innovative Use of Data for Industrial Activities(Article 10 to 19)
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第三章 雑則(第二十条―第二十二条)
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Chapter III Miscellaneous Provisions(Articles 20 to 22)
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附 則
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Supplementary Provisions
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第一章 総則
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Chapter I General Provisions
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(用語の定義)
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(Definitions of Terms)
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第一条この命令において使用する用語は、生産性向上特別措置法(以下「法」という。)において使用する用語の例による。
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Article 1The terms used in this Regulation have the same meanings as the terms used in the Act on Special Measures for Productivity Improvement (hereinafter referred to as the "Act").
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第二章 革新的事業活動の促進
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Chapter II Promotion of Innovative Business Activities
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第一節 新技術等実証の促進
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Section 1 Promotion of the Testing of New Technology
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(新たな規制の特例措置の求めに係る手続)
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(Procedures Pertaining to a Request for New Special Measures on Regulations)
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第二条法第九条第一項の規定により新たな規制の特例措置の適用を受けて新技術等実証を実施しようとする者は、当該新たな規制の特例措置の整備を求めるときは、当該新たな規制の特例措置の内容その他の事項を記載した様式第一による要望書(次項及び第三項において「要望書」という。)を主務大臣に提出しなければならない。
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Article 2(1)When a person intends to implement the testing of new technology, etc. by receiving the application of new special measures on regulations pursuant to Article 9, paragraph (1) of the Act and makes a request for the preparation of the new special measures on regulations, the person must submit a written request in Form 1 stating particulars including the contents of the new special measures on regulations (referred to as a "written request" in the following paragraph and paragraph (3)) to the competent minister.
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(2)When a person submits a written request to two or more competent ministers, the person may submit the written request via any one of those competent ministers to the other competent ministers.In this case, the written request is deemed to have been submitted to the other competent ministers as well, as of the day on which the first competent minister receives it.
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(3)When the competent minister receives a request under Article 9, paragraph (1) of the Act, the minister is to send it to the Innovative Business Activities Evaluation Committee, attaching a document stating the minister's view on the written request, within one month in principle from the day on which the competent minister receives the written request, and is to hear the committee's opinion.
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(4)When the competent minister receives a request under Article 9, paragraph (1) of the Act, if the minister finds it necessary and appropriate to take new special measures on regulations based on the request in light of the opinion referred to in the preceding paragraph, the minister is to deliver a written notice in Form 2 stating particulars including the contents of the new special measures on regulations to be taken to the requester and is to also make public the contents of the new special measures on regulations by using Form 3, within one month in principle from the day on which the opinion is provided.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the contents of the new special measures on regulations.
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(5)When the competent minister receives a request under Article 9, paragraph (1) of the Act, if the minister finds it unnecessary or inappropriate to take new special measures on regulations based on the request in light of the opinion referred to in paragraph (3), the minister is to deliver a written notice in Form 4 stating that fact and the reason therefor to the requester, within one month in principle from the day on which the opinion is provided.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the fact and the reason that new special measures on regulations will not be taken.
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(6)When the competent minister receives a request under Article 9, paragraph (1) of the Act but cannot seek the opinion referred to in the same paragraph or deliver the written notice set forth in either of the preceding two paragraphs within the period prescribed therein due to a compelling reason, in light of the state of discussions on the preparation of new special measures on regulations based on the request, the minister is to notify the requester and the Innovative Business Activities Evaluation Committee of that fact and the reason therefor at an interval not exceeding one month until the minister seeks the opinion or delivers the written notice.
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(解釈及び適用の確認に係る手続)
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(Procedures Pertaining to Confirmation Regarding Interpretation and Application)
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第三条法第十条第一項の規定により新技術等実証を実施しようとする者は、その実施しようとする新技術等実証に係る新技術等関係規定の解釈及び当該新技術等実証に対する当該新技術等関係規定の適用の有無について、その確認を求めるときは、当該新技術等関係規定の内容その他の事項を記載した様式第五による照会書(次項及び第三項において「照会書」という。)を主務大臣に提出しなければならない。
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Article 3(1)When a person intends to implement the testing of new technology, etc. pursuant to Article 10, paragraph (1) of the Act and asks for confirmation regarding the interpretation of provisions concerning new technology, etc. pertaining to the testing of new technology, etc. to be implemented and the applicability of the provisions concerning new technology, etc. to the testing of new technology, etc., the person must submit a written inquiry in Form 5 stating particulars including the contents of the provisions concerning new technology, etc. (referred to as a "written inquiry" in the following paragraph and paragraph (3)) to the competent minister.
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(2)When a person submits a written inquiry to two or more competent ministers, the person may submit the written inquiry via any one of those competent ministers to the other competent minister.In this case, the written inquiry is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(3)When the competent minister receives a request under Article 10, paragraph (1) of the Act, the minister is to state the interpretation and applicability in relation to the request and the reason therefor in a written response in Form 6 and deliver it to the requester, within one month in principle from the day on which the competent minister receives the written inquiry.
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(4)When the competent minister receives a request under Article 10, paragraph (1) of the Act but cannot deliver the written response referred to in the preceding paragraph within the period prescribed therein due to a compelling reason, in light of the state of discussions on the interpretation and applicability in relation to the request, the minister is to notify the requester of that fact and the reason therefor at an interval not exceeding one month until the delivery of the written response.
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(新技術等実証計画の認定の申請)
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(Application for Approval for the Testing of New Technology)
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第四条法第十一条第一項の規定により新技術等実証計画の認定を受けようとする者(以下この条及び次条において「申請者」という。)は、様式第七による申請書(以下この条及び次条において「申請書」という。)を、主務大臣に提出しなければならない。
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Article 4(1)A person who intends to obtain approval for a plan for the testing of new technology, etc. pursuant to Article 11, paragraph (1) of the Act (hereinafter referred to as the "applicant" in this Article and the following Article) must submit a written application in Form 7 (hereinafter referred to as the "written application" in this Article and the following Article) to the competent minister.
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(2)When an applicant intends to raise funds necessary for implementing the testing of new technology, etc. by receiving the guarantee related to the testing of new technology, etc. prescribed in Article 16, paragraph (1) or a guarantee of obligations provided by the Organization for Small & Medium Enterprises and Regional Innovation under Article 18 of the Act, the applicant must attach a document stating the breakdown of the usage and procurement methods of funds that are necessary for the implementation of the plan for the testing of new technology, etc. to the written application.
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(3)The competent minister may request the submission of documents found to be necessary for confirming that the plan for the testing of new technology, etc. conforms to the requirements prescribed in Article 11, paragraph (4) of the Act, in addition to a written application and the document referred to in the preceding paragraph.
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(4)When the applicant submits a written application to two or more competent ministers, the applicant may submit the written application via any one of those competent ministers to the other competent minister.In this case, the written application is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(新技術等実証計画の認定)
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(Approval for the Testing of New Technology)
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第五条主務大臣は、法第十一条第一項の規定により新技術等実証計画の提出を受けた場合において、その提出を受けた日から原則として一月以内に、当該新技術等実証計画に係る申請書に当該新技術等実証計画に対する主務大臣の見解を記載した書類を添えて、革新的事業活動評価委員会に送付し、意見を聴くものとする。
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Article 5(1)When the competent minister receives a submitted plan for the testing of new technology, etc. pursuant to Article 11, paragraph (1) of the Act, the minister is to send the written application pertaining to the plan for the testing of new technology, etc. to the Innovative Business Activities Evaluation Committee, attaching a document stating the minister's view on the plan for the testing of new technology, etc., within one month in principle from the day on which the competent minister receives the submitted plan, and is to hear the committee's opinion.
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(2)When the competent minister receives a submitted plan for the testing of new technology, etc. under Article 11, paragraph (1) of the Act, the minister is to examine the contents thereof promptly in light of the provisions of paragraph (4) of the same Article, in consideration of the opinion referred to in the preceding paragraph, and if the minister decides to grant approval with regard to the plan for the testing of new technology, etc. referred to in the preceding paragraph, the minister is to deliver the approval certificate referred to in Article 12, paragraph (1) of the Act to the applicant, within one month in principle from the day on which the opinion is provided.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the fact that the minister will grant approval with regard to the plan for the testing of new technology, etc.
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(3)When the competent minister does not grant the approval referred to in the preceding paragraph, the minister is to deliver a written notice in Form 8 stating that fact and the reason therefor to the applicant.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the fact and the reason that the minister will not grant approval with regard to the plan for the testing of new technology, etc.
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(4)When the competent minister has granted the approval referred to in paragraph (2), the minister is to make the date of the approval, the name of the approved implementer of the testing of new technology, etc. and the contents of the approved plan for the testing of new technology, etc. public by using Form 9.
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(3)When an approved implementer of the testing of new technology, etc. intends to make changes to a plan for the testing of new technology, etc. under Article 13, paragraph (1) of the Act or the approval for the implementer's approved plan for the testing of new technology, etc. has been rescinded under paragraph (2) or (3) of the same Article, the implementer must return the approval certificate pertaining to the approved plan for the testing of new technology, etc. without delay to the competent minister.
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(4)If an approved implementer of the testing of new technology, etc. tears, soils, or loses an approval certificate, the implementer may submit a written application in Form 12 to the competent minister and apply for its reissuance, only within the implementation period of the testing of new technology, etc. indicated on the approval certificate.In this case, the approved implementer of the testing of new technology, etc. that has torn or soiled the approval certificate must submit the approval certificate along with the written application.
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(認定新技術等実証計画の変更に係る認定の申請及び認定)
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(Application for Approval for Changes to Approved Plans for the Testing of New Technology, and Approval Thereof)
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第七条法第十三条第一項の規定により新技術等実証計画の変更の認定を受けようとする認定新技術等実証実施者(第五項及び第六項において「申請者」という。)は、様式第十三による申請書(以下この条において「申請書」という。)を主務大臣に提出しなければならない。
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Article 7(1)An approved implementer of the testing of new technology, etc. that intends to obtain approval for changes to a plan for the testing of new technology, etc. pursuant to Article 13, paragraph (1) of the Act (hereinafter referred to as the "applicant" in paragraphs (5) and (6)) must submit a written application in Form 13 (hereinafter referred to as the "written application" in this Article) to the competent minister.
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(3)When the applicant submits a written application to two or more competent ministers, the applicant may submit the written application via any one of those competent ministers to the other competent minister.In this case, the written application is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(4)When the competent minister receives a submitted plan for the testing of new technology, etc. to which the application for approval for changes referred to in paragraph (1) pertains, the minister is to send the written application pertaining to the plan for the testing of new technology, etc. to the Innovative Business Activities Evaluation Committee, attaching a document stating the minister's view on the plan for the testing of new technology, etc., within one month in principle from the day on which the competent minister receives the submitted plan, and is to hear the committee's opinion.
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(5)When the competent minister receives a submitted plan for the testing of new technology, etc. to which the application for approval for changes referred to in paragraph (1) pertains, the minister is to examine the contents thereof promptly in light of the provisions of Article 11, paragraph (4) of Act as applied mutatis mutandis pursuant to Article 13, paragraph (6) of the Act, in consideration of the opinion referred to in the preceding paragraph, and if the minister decides to grant approval for the changes to the plan for the testing of new technology, etc., the minister is to issue the approval certificate referred to in Article 12, paragraph (1) of the Act as applies mutatis mutandis pursuant to Article 13, paragraph (6) of the Act to the applicant, within one month in principle from the day on which the opinion is provided.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the fact that the minister will grant approval for the changes.
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(6)When the competent minister does not grant the approval for changes referred to in the preceding paragraph, the minister is to deliver a written notice in Form 14 stating that fact and the reason therefor to the applicant.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the fact and the reason that the minister will not grant the approval for the changes.
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(7)When the competent minister has granted the approval for changes referred to in paragraph (5), the minister is to make public the date of the approval, the name of the approved implementer of the testing of new technology, etc. and the contents of the approved plan for the testing of new technology, etc., by using Form 15.
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(認定新技術等実証計画の変更の指示)
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(Directions of Changes to Approved Plans for the Testing of New Technology)
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第八条主務大臣は、法第十三条第三項の規定により認定新技術等実証計画の変更を指示しようとするときは、革新的事業活動評価委員会に当該変更の指示の内容及びその理由を記載した書面を送付し、意見を聴くものとする。
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Article 8(1)When the competent minister intends to direct changes to an approved plan for the testing of new technology, etc. pursuant to Article 13, paragraph (3) of the Act, the minister is to send a document stating the contents of the directions of changes and the reason therefor to the Innovative Business Activities Evaluation Committee, and is to hear its opinion.
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(2)When the competent minister directs changes to an approved plan for the testing of new technology, etc. in consideration of the opinion referred to in the preceding paragraph, the minister is to deliver a written notice in Form 16 stating the contents of the directions of changes and the reason therefor to the approved implementer of the testing of new technology, etc. subject to the directions of changes.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee of the contents of the directions of changes and the reason therefor.
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(認定新技術等実証計画の認定の取消し)
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(Rescission of Approval for Approved Plans for the Testing of New Technology)
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第九条主務大臣は、法第十三条第二項の規定により認定新技術等実証計画の認定を取り消すときは、その旨及びその理由を記載した様式第十七による通知書を当該認定が取り消される認定新技術等実証実施者に交付するものとする。
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Article 9(1)When the competent minister rescinds approval for an approved plan for the testing of new technology, etc. pursuant to Article 13, paragraph (2) of the Act, the minister is to deliver a written notice in Form 17 stating that fact and the reason therefor to the approved implementer of the testing of new technology, etc. whose approval is to be rescinded.
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(2)When the competent minister intends to rescind approval for an approved plan for the testing of new technology, etc. pursuant to Article 13, paragraph (3) of the Act, the minister is to send a document stating that the minister will rescind the approval and the reason therefor to the Innovative Business Activities Evaluation Committee, and is to hear its opinion.
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(3)When the competent minister rescinds approval for an approved plan for the testing of new technology, etc. in consideration of the opinion referred to in the preceding paragraph, the minister is to deliver a written notice in Form 17 stating that fact the reason therefor to the approved implementer of the testing of new technology, etc. whose approval is to be rescinded.In this case, the competent minister is to notify the Innovative Business Activities Evaluation Committee that the minister rescinds the approval and of the reason therefor.
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第二節 革新的データ産業活用の促進
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Section 2 Promotion of Innovative Use of Data for Industrial Activities
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(革新的データ産業活用計画の認定の申請)
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(Application for Approval for Plans for Innovative Use of Data for Industrial Activities)
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第十条法第二十二条第一項の規定により革新的データ産業活用計画の認定を受けようとする事業者(以下この条及び次条において「申請者」という。)は、様式第十九による申請書(以下この条において「申請書」という。)を、主務大臣に提出しなければならない。
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Article 10(1)An enterprise that intends to obtain approval for a plan for innovative use of data for industrial activities pursuant to Article 22, paragraph (1) of the Act (hereinafter referred to as the "applicant" in this Article and the following Article) must submit a written application in Form 19 (hereinafter referred to as the "written application" in this Article) to the competent minister.
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(2)When an applicant intends to raise funds necessary for implementing innovative use of data for industrial activities by receiving the guarantee related to innovative use of data for industrial activities prescribed in Article 24, paragraph (1) of the Act or a guarantee of obligations provided by the Organization for Small & Medium Enterprises and Regional Innovation under Article 25 of the Act, the applicant must attach a document stating the breakdown of the usage and procurement methods of funds that are necessary for the implementation of the plan for innovative use of data for industrial activities to the written application.
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(3)The competent minister may request the submission of documents found to be necessary for confirming that the plan for innovative use of data for industrial activities conforms to the requirements prescribed in Article 22, paragraph (4) of the Act, in addition to a written application and the document referred to in the preceding paragraph.
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(4)When the applicant submits a written application to two or more competent ministers, the applicant may submit the written application via any one of those competent ministers to the other competent minister.In this case, the written application is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(5)The implementation period of the plan for innovative use of data for industrial activities to which the application for approval referred to in paragraph (1) pertains is not to exceed five years in principle, and when continuing the business beyond this period, the enterprise must obtain approval for a plan for innovative use of data for industrial activities for new period based on the provisions of Article 12 (excluding paragraph (7)).
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(革新的データ産業活用計画の認定)
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(Approval for Plans for Innovative Use of Data for Industrial Activities)
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第十一条主務大臣は、法第二十二条第一項の規定により革新的データ産業活用計画の提出を受けた場合において、速やかに同条第四項の定めに照らしてその内容を審査し、当該革新的データ産業活用計画の認定をするときは、その提出を受けた日から原則として一月以内(同項の規定により主務大臣が革新的事業活動評価委員会の意見を聴く場合又は同条第六項の規定により個人情報保護委員会に協議する場合を除く。)に、申請者に様式第二十の認定書を交付するものとする。
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Article 11(1)When the competent minister receives a submitted plan for innovative use of data for industrial activities pursuant to Article 22, paragraph (1) of the Act, the minister is to examine the contents thereof promptly in light of the provisions of paragraph (4) of the same Article, and if the minister decides to grant approval with regard to the plan for innovative use of data for industrial activities, the minister is to deliver a certificate in Form 20 to the applicant, within one month in principle from the day of receiving the submitted plan (excluding the cases where the competent minister hears the opinion of the Innovative Business Activities Evaluation Committee pursuant to the provisions of the same paragraph or consults with the Fair Trade Commission pursuant to paragraph (6) of the same Article).
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(2)When the competent minister receives the submitted plan for innovative use of data for industrial activities referred to in the preceding paragraph, and the minister intends to hear the opinion of the Innovative Business Activities Evaluation Committee pursuant to Article 22, paragraph (4) of the Act, the minister is to send the written application pertaining to the plan for innovative use of data for industrial activities to the Innovative Business Activities Evaluation Committee, attaching a document stating the minister's view on the plan for innovative use of data for industrial activities, within one month in principle from the day on which the competent minister receives the submitted plan, and is to hear the committee's opinion.In this case, if the minister decides to grant approval with regard to the plan for innovative use of data for industrial activities, the minister is to deliver the certificate referred to in the preceding paragraph to the applicant, within one month in principle from the day on which the opinion is provided.
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(4)When the competent minister hears the opinion of the committee referred to in paragraph (2), the minister is to notify the Innovative Business Activities Evaluation Committee that the minister will grant approval with regard to the plan for innovative use of data for industrial activities if the minister decides to grant the certificate referred to in the same paragraph, and notify the committee that the minister will not grant approval with regard to the plan for innovative use of data for industrial activities and the reason therefor if the minister decides to deliver the written notice referred to in the preceding paragraph.
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一認定の日付
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(i)the date of the approval;
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二認定革新的データ産業活用事業者の名称
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(ii)the name of the approved enterprise implementing innovative use of data for industrial activities;
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三認定革新的データ産業活用計画の概要
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(iii)the outline of the approved plan for innovative use of data for industrial activities; and
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四個人情報保護委員会に協議をした場合にあっては、当該協議の概要
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(iv)if the minister has consulted with the Personal Information Protection Commission, the outline of the consultation.
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(認定革新的データ産業活用計画の変更に係る認定の申請及び認定)
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(Application for Approval for Changes to Approved Plans for Innovative Use of Data for Industrial Activities and Approval Thereof)
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第十二条認定革新的データ産業活用計画の趣旨の変更を伴わない軽微な変更は、法第二十三条第一項の認定を要しないものとする。
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Article 12(1)Minor changes that do not involve changes to the purpose of an approved plan for innovative use of data for industrial activities do not require the approval set forth in Article 23, paragraph (1) of the Act.
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(2)An enterprise that intends to obtain approval for a plan for innovative use of data for industrial activities pursuant to Article 23, paragraph (1) of the Act (hereinafter referred to as the "applicant" in this Article) must submit a written application in Form 23 (hereinafter referred to as the "written application" in this Article) to the competent minister.
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(4)When the applicant submits a written application to two or more competent ministers, the applicant may submit the written application via any one of those competent ministers to the other competent minister.In this case, the written application is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(5)When the competent minister receives a submitted plan for innovative use of data for industrial activities to which the application for approval for changes referred to in paragraph (2) pertains, the minister is to examine the contents thereof promptly in light of the provisions of Article 22, paragraph (4) of the Act, and if the minister decides to grant approval for the changes to the plan for innovative use of data for industrial activities, the minister is to issue a certificate in Form 24 to the applicant, within one month in principle from the day of receiving the submitted plan (excluding the cases where the competent minister hears the opinion of the Innovative Business Activities Evaluation Committee pursuant to the provisions of the same paragraph or consults with the Fair Trade Commission pursuant to paragraph (6) of the same Article).
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(6)When the competent minister receives a submitted plan for innovative use of data for industrial activities to which the application for approval for changes referred to in paragraph (2) pertains, if the minister intends to hear the opinion of the Innovative Business Activities Evaluation Committee pursuant to Article 22, paragraph (4) of the Act, the minister is to send the written application pertaining to the plan for innovative use of data for industrial activities to the Innovative Business Activities Evaluation Committee, attaching a document stating the minister's view on the plan for innovative use of data for industrial activities, within one month in principle from the day on which the competent minister receives the submitted plan, and is to hear the committee's opinion.In this case, if the minister decides to grant approval for changes to the plan for innovative use of data for industrial activities, the minister is to deliver the certificate referred to in the preceding paragraph to the applicant, within one month in principle from the day on which the opinion is provided.
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(7)The implementation period of the plan for innovative use of data for industrial activities to which the application for approval for changes referred to in paragraph (2) pertains is not to exceed five years in principle, including the period during which the enterprise implemented innovative use of data for industrial activities in accordance with the approved plan for innovative use of data for industrial activities before filing the application for approval for changes.
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(9)When the competent minister hears the opinion of the committee referred to in paragraph (6), the minister is to notify the Innovative Business Activities Evaluation Committee that the minister will grant approval for changes to the plan for innovative use of data for industrial activities if the minister decides to grant the certificate referred to in paragraph (5), and notify the committee that the minister will not grant approval with regard to the plan for innovative use of data for industrial activities and the reason therefor if the minister decides to deliver the written notice referred to in the preceding paragraph.
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一認定の日付
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(i)the date of the approval;
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二認定革新的データ産業活用事業者の名称
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(ii)the name of the approved enterprise implementing innovative use of data for industrial activities;
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三認定革新的データ産業活用計画の概要
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(iii)the outline of the approved plan for innovative use of data for industrial activities; and
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四個人情報保護委員会に協議をした場合にあっては、当該協議の概要
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(iv)if the minister has consulted with the Personal Information Protection Commission, the outline of the consultation.
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(認定革新的データ産業活用計画の変更の指示)
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(Directions of Changes to Approved Plans for Innovative Use of Data for Industrial Activities)
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第十三条主務大臣は、法第二十三条第三項の規定により認定革新的データ産業活用計画の変更を指示するときは、当該変更の指示の内容及びその理由を記載した様式第二十七による通知書を当該変更の指示を受ける認定革新的データ産業活用事業者に交付するものとする。
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Article 13(1)When the competent minister directs changes to an approved plan for innovative use of data for industrial activities pursuant to Article 23, paragraph (3) of the Act, the minister is to deliver a written notice in Form 27 stating the contents of the directions of changes and the reasons therefor to the approved enterprise implementing innovative use of data for industrial activities subject to the direction of changes.
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(2)When the competent minister intends to direct changes to an approved plan for innovative use of data for industrial activities pursuant to Article 23, paragraph (3) of the Act, and the minister intends to hear the opinion of the Innovative Business Activities Evaluation Committee pursuant to the same paragraph, the minister is to send a document stating the contents of the directions of changes and the reason therefor to the Innovative Business Activities Evaluation Committee, and is to hear its opinion.
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(認定革新的データ産業活用計画の認定の取消し)
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(Rescission of Approval for Approved Plans for Innovative Use of Data for Industrial Activities)
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第十四条主務大臣は、法第二十三条第二項の規定により認定革新的データ産業活用計画の認定を取り消すときは、その旨及びその理由を記載した様式第二十八による通知書を当該認定が取り消される認定革新的データ産業活用事業者に交付するものとする。
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Article 14(1)When the competent minister rescinds approval for an approved plan for innovative use of data for industrial activities pursuant to Article 23, paragraph (2) of the Act, the minister is to deliver a written notice in Form 28 stating that fact and the reason therefor to the approved enterprise implementing innovative use of data for industrial activities whose approval is to be rescinded.
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(2)When the competent minister rescinds approval for an approved plan for innovative use of data for industrial activities pursuant to Article 23, paragraph (3) of the Act, the minister is to deliver a written notice in Form 28 stating that fact and the reason therefor to the approved enterprise implementing innovative use of data for industrial activities whose approval is to be rescinded.
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(3)When the competent minister intends to rescind approval for an approved plan for innovative use of data for industrial activities pursuant to Article 23, paragraph (3) of the Act, if the minister intends to hear the opinion of the Innovative Business Activities Evaluation Committee pursuant to the same paragraph, the minister is to send a document stating that the minister will rescind the approval and the reason therefor to the Innovative Business Activities Evaluation Committee, and is to hear its opinion.
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(安全管理に関する確認の申請及び確認)
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(Application for Confirmation Concerning Security Control and Confirmation Thereof)
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第十五条法第二十六条第一項の確認を受けようとする認定革新的データ産業活用事業者(第四項及び第五項において「申請者」という。)は、様式第三十による申請書(以下この条において「申請書」という。)を主務大臣に提出しなければならない。
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Article 15(1)An approved enterprise implementing innovative use of data for industrial activities that intends to receive the confirmation referred to in Article 26, paragraph (1) of the Act (hereinafter referred to as the "applicant" in paragraphs (4) and (5)) must submit a written application in Form 30 (hereinafter referred to as the "written application" in this Article) to the competent minister.
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一認定革新的データ産業活用計画の写し
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(i)a copy of the approved plan for innovative use of data for industrial activities; and
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二法第二十六条第一項に規定するデータの安全管理に係る基準に適合していることを説明した書類
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(ii)a document explaining that the enterprise conforms with the standards for the security control of data prescribed in Article 26, paragraph (1) of the Act.
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(3)When the applicant submits a written application to two or more competent ministers, the applicant may submit the written application via any one of those competent ministers to the other competent minister.In this case, the written application is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(4)When the competent minister receives a written application, the minister is to examine the contents thereof promptly in light of the standards for the security control of data prescribed in Article 26, paragraph (1) of the Act, and if the minister confirms that the security control of data pertaining to the specified innovative use of data for industrial activities conforms with the standards, the minister is to deliver a certificate in Form 31 to the applicant.
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(安全管理に関する変更に係る確認の申請及び確認)
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(Application for Confirmation Concerning Changes to Security Control and Confirmation Thereof)
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第十六条特定革新的データ産業活用事業者は、前条第四項の規定により確認を受けた安全管理の内容を変更しようとするときは、様式第三十三による申請書(以下この条において「申請書」という。)を主務大臣に提出しなければならない。ただし、軽微な変更については、この限りではない。
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Article 16(1)When an enterprise implementing specified innovative use of data for industrial activities intends to make changes to the contents of the security control for which confirmation has been received pursuant to paragraph (4) of the preceding Article, the enterprise must submit a written application in Form 33 (hereinafter referred to as a "written application" in this Article) to the competent minister; provided, however that this does not apply to minor changes.
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(3)When the applicant submits a written application to two or more competent ministers, the applicant may submit the written application via any one of those competent ministers to the other competent minister.In this case, the written application is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(4)When the competent minister receives the written application referred to in paragraph (1) that has been submitted, the minister is to examine the contents thereof promptly in light of the standards for the security control of data prescribed in Article 26, paragraph (1) of the Act, and the minister confirms that the security control of data subject to the changes conforms with the standards, the minister is to deliver a certificate in Form 34 to the enterprise implementing specified innovative use of data for industrial activities that has filed the application.
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(情報処理推進機構等による調査の結果の通知)
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(Notice of Investigation Results by the Information-technology Promotion Agency)
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第十七条生産性向上特別措置法施行令(以下「政令」という。)第七条の主務省令で定める様式は、様式第三十六とする。
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Article 17The form specified by order of the competent ministry referred to in Article 7 of the Order for Enforcement of the Act on Special Measures for Productivity Improvement (hereinafter referred to as the "Cabinet Order") is Form 36.
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(特定革新的データ産業活用事業者による国の機関等に対するデータの提供の求めの申請)
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(Application Filed by an Enterprise Implementing Specified Innovative Use of Data for Industrial Activities to Make a Request to National Government Organs for Provision of Data)
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第十八条法第二十六条第一項の規定により国の機関又は公共機関等の保有するデータの提供を求めようとする特定革新的データ産業活用事業者は、認定革新的データ産業活用計画の写しを添えて、提供を求めようとするデータの内容その他の事項を記載した様式第三十七による提供依頼申出書(以下この条において「申出書」という。)を主務大臣に提出しなければならない。
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Article 18(1)When an enterprise implementing specified innovative use of data for industrial activities intends to make a request for provision of data held by a national government organ or a public organization, etc. pursuant to Article 26, paragraph (1) of the Act, the enterprise must submit a written request for provision in Form 37 stating particulars including the contents of the data for which provision is requested (hereinafter referred to as the "written request" in this Article) to the competent minister, attaching a copy of the approved plan for innovative use of data for industrial activities.
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(2)When an enterprise submits a written request to two or more competent ministers, the enterprise may submit the written request via any one of those competent ministers to the other competent minister.In this case, the written request is deemed to have been submitted to the other competent minister as well, as of the day on which the first competent minister receives it.
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(3)When the competent minister provides data pursuant to Article 26, paragraph (2) of the Act, the minister is to deliver a written notice of provision in Form 38 stating the following particulars to the person who has requested the provision of the data, within one month in principle from the day on which the competent minister receives the written request:
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一データの内容
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(i)the contents of the data;
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二データの提供の方法
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(ii)the method of provision of the data;
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三データの提供の準備に要する期間
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(iii)the period required for providing the data;
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四納付すべき手数料の額
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(iv)the amount of fees to be paid;
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五前号の手数料を減額し、又は免除した場合においては、その旨及び減額し、又は免除した額
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(v)if the minister has granted a reduction of or exemption from the fee referred to in the preceding item, such fact and the reduced or exempted amount; and
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六その他データの提供に必要な事項
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(vi)other particulars necessary for providing the data.
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(4)When the competent minister provides notice pursuant to Article 26, paragraph (3) of the Act, the minister is to deliver a written notice in Form 39 stating that the data will not be provided and the reason therefor to the person who has requested the provision of the data, within one month in principle from the day on which the competent minister receives the written request.
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(5)When the competent minister asks for provision of data pursuant to Article 26, paragraph (4) of the Act, the minister is to ask the public organization, etc. under the minister's jurisdiction or the head of another relevant administrative organ (including the head of another relevant administrative organ if a public organization, etc. under the head's jurisdiction holds the data; the same applies in paragraphs (10) through (15)) that holds the data to provide the data, and deliver a written notice in Form 40 stating that fact to the person who has requested the provision of the data, within two weeks in principle from the day on which the competent minister receives the written request.
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(6)When the competent minister provides notice pursuant to Article 26, paragraph (5) of the Act, the minister is to deliver a written notice in Form 41 stating that the minister will not ask for the provision of the data and the reason therefor to the person who has requested the provision of the data, within two weeks in principle from the day on which the competent minister receives the written request.
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(7)When the competent minister receives a request under Article 26, paragraph (1) of the Act but cannot deliver the written notices referred to in the preceding four paragraphs within the respective periods prescribed therein due to a compelling reason, the minister is to notify the requester of that fact and the reason therefor at an interval not exceeding the periods specified in the following items for the respective categories of cases set forth therein until the delivery of the written notice:
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一第三項又は第四項の場合一月
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(i)the case referred to in paragraph (3) or (4):one month; and
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二第五項又は前項の場合二週間
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(ii)the case referred to in paragraph (5) or the preceding paragraph:two weeks.
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(8)When the head of a relevant administrative organ provides data pursuant to Article 26, paragraph (6) of the Act, the head is to send a written notice of provision in Form 38 stating the particulars set forth in the items of paragraph (3) to the competent minister, within one month in principle from the day on which the head was asked by the competent minister to provide data, pursuant to paragraph (5).In this case, the competent minister is to deliver the written notice to the person who has requested the provision of the data.
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(9)When the head of a relevant administrative organ provides notice pursuant to Article 26, paragraph (7) of the Act, the head is to send a written notice in Form 39 stating that the data will not be provided and the reason therefor to the competent minister, within one month in principle from the day on which the head was asked by the competent minister to provide data, pursuant to paragraph (5).In this case, the competent minister is to deliver the written notice to the person who has requested the provision of the data.
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(10)When the head of a relevant administrative organ is asked to provide data pursuant to Article 26, paragraph (8) of the Act, the head is to ask the public organization, etc. under the head's jurisdiction which holds the data to provide the data, and send a written notice in Form 40 stating that fact to the competent minister, within two weeks in principle from the day on which the head was asked by the competent minister to provide data, pursuant to paragraph (5).In this case, the competent minister is to deliver the written notice to the person who has requested the provision of the data.
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(11)When the head of a relevant administrative organ provides notice pursuant to Article 26, paragraph (9) of the Act, the head is to send a written notice in Form 41 stating that the head will not ask the public organization, etc. referred to in the preceding paragraph for data and the reason therefor to the competent minister, within two weeks in principle from the day on which the head was asked by the competent minister to provide data, pursuant to paragraph (5).In this case, the competent minister is to deliver the written notice to the person who has requested the provision of the data.
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(12)When the head of a relevant administrative organ receives a request under paragraph (5) but cannot deliver the written notices referred to in the preceding four paragraphs within the respective periods prescribed therein due to a compelling reason, the head is to notify the competent minister of that fact and the reason therefor at an interval not exceeding the periods specified in the following items for the respective categories of cases set forth therein until the delivery of the written notice; in this case, the competent minister is to notify the person who has made the request under paragraph (1) of the contents of the notice:
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一第八項又は第九項の場合一月
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(i)the case referred to in paragraph (8) or (9):one month; and
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二第十項又は前項の場合二週間
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(ii)the case referred to in paragraph (10) or the preceding paragraph:two weeks.
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(13)When a public organization, etc. provides data pursuant to Article 26, paragraph (10) of the Act, the public organization, etc. is to send a written notice of provision in Form 38 stating the particulars set forth in the items of paragraph (3) to the competent minister or the head of a relevant administrative organ who has asked to provide the data, within one month in principle from the day on which the public organization, etc. was asked to provide data under paragraph (5) or (10).In this case, the head of a relevant administrative organ who has received the written notice is to send the written notice to the competent minister, and the competent minister who has received the written notice is to deliver the written notice to the person who has requested the provision of the data.
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(14)When a public organization, etc. provides notice pursuant to Article 26, paragraph (12) of the Act, the public organization, etc. is to send a written notice in Form 39 stating that the data will not be provided and the reason therefor to the competent minister or the head of a relevant administrative organ who has asked to provide the data, within one month in principle from the day on which the public organization, etc. was asked to provide data under paragraph (5) or (10).In this case, the head of a relevant administrative organ who has received the written notice is to send the written notice to the competent minister, and the competent minister who has received the written notice is to deliver the written notice to the person who has requested the provision of the data.
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(15)When a public organization, etc. is asked to provide data under paragraph (5) or (10) but cannot deliver the written notices referred to in the preceding two paragraphs within the respective periods prescribed therein due to a compelling reason, the public organization, etc. is to notify the competent minister or the head of the relevant administrative organ who has asked to provide the data of that fact and the reason therefor at an interval not exceeding one month until the delivery of the written notice.In this case, the head of the relevant administrative organ who has received the notice is to notify the competent minister of the contents of the notice, and the competent minister who has received the notice is to notify the person who has made the request under paragraph (1) of the contents of the notice.
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(16)A person who has received delivery of the written notice referred to in paragraph (3), (8), or (13) must submit the document specified in paragraph (1) of the following Article to the competent minister, the head of a relevant administrative organ, or the public organization, etc. that has prepared the written notice, attaching a copy of the written notice, within one month in principle from the day the written notice was delivered.
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(17)The competent minister, the head of a relevant administrative organ, or the public organization, etc. that has received the document referred to in the preceding paragraph is to provide the data to the person referred to in the preceding paragraph based on the contents of the document, as promptly as possible.
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(国の機関等によるデータの提供の手数料)
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(Fee for Provision of Data by National Government Organs)
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第十九条政令第五条第三項の主務省令で定める書面は、様式第四十二により、前条第三項、第八項又は第十三項の通知書に記載された内容に基づいて、データの提供の方法、データの提供の時期その他データの提供に必要な事項を記載した書面とする。
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Article 19(1)The document specified by order of the competent ministry referred to in Article 5, paragraph (3) of the Cabinet Order is a document in Form 42, stating the method of provision of the data, the time of provision of the data, and other matters necessary for provision of the data, based on the contents of the written notice referred to in paragraph (3), (8), or (13) of the preceding Article.
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(2)The method specified by order of the competent ministry prescribed in Article 5, paragraph (3), item (iii) of the Cabinet Order is the method of paying the fee based on the payment information obtained by submitting the document prescribed in the preceding paragraph; provided, however, that if the competent minister or the head of a relevant administrative organ finds it to be appropriate to pay the fee by the following methods, any of the following methods can be designated in addition to the method of paying the fee based on the payment information:
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一主務大臣又は関係行政機関の長が指定する書面に収入印紙を貼って納付する方法
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(i)the method of paying the fee by affixing a revenue stamp to the document designated by the competent minister or the head of a relevant administrative organ;
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二特許庁にあっては生産性向上特別措置法に基づく手数料の納付手続の特例に関する省令(平成三十年財務省令第四十三号)別紙書式の納付書により納付する方法
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(ii)in the case of the Japan Patent Office, the method of paying the fee with a statement of payment using the appended form of the Ministerial Order on Special Measures for the Procedures for Paying Fees Based on the Act on Special Measures for Productivity Improvement (Ministry of Finance Order No. 43 of 2018); and
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三政令第五条第三項第二号の規定による公示をした場合において、行政機関又はその部局若しくは機関の事務所(当該公示に係るものに限る。)において現金で納付する方法
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(iii)if a public notice has been given under Article 5, paragraph (3), item (ii) of the Cabinet Order, a method of paying the fee in cash at the office of an administrative organ or of its department or organization (limited to the office regarding which the public notice was given).
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(3)Notwithstanding the provisions of the preceding paragraph, if the method prescribed in the main clause of the preceding paragraph cannot be used, the competent minister or the head of a relevant administrative organ may designate any of the methods set forth in the items of the same paragraph as the method prescribed in Article 5, paragraph (3), item (iii) of the Cabinet Order.
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第三章 雑則
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Chapter III Miscellaneous Provisions
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(革新的データ産業活用計画に関する権限の委任)
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(Delegation of Authority Concerning Plans for Innovative Use of Data for Industrial Activities)
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第二十条革新的データ産業活用計画に関する総務大臣の権限は、当該革新的データ産業活用計画の革新的データ産業活用事業者の主たる事務所の所在地を管轄する総合通信局長(沖縄総合通信事務所長を含む。)に委任するものとする。ただし、総務大臣が自らその権限を行うことを妨げない。
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Article 20(1)The authority of the Minister of Internal Affairs and Communications concerning a plan for innovative use of data for industrial activities is to be delegated to the director of the Regional Bureau of Telecommunications who has jurisdiction over the location of the principal office of the enterprise implementing innovative use of data for industrial activities of the plan for innovative use of data for industrial activities (including the director of the Okinawa Bureau of Telecommunications); provided, however, that this does not preclude the Minister of Internal Affairs and Communications from exercising the authority.
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(2)The authority of the Minister of Economy, Trade and Industry concerning a plan for innovative use of data for industrial activities is to be delegated to the Director-General of the Regional Bureau of Economy, Trade and Industry who has jurisdiction over the location of the principal office of the enterprise implementing innovative use of data for industrial activities of the plan for innovative use of data for industrial activities; provided, however, that this does not preclude the Minister of Economy, Trade and Industry from exercising the authority.
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(実施状況の報告)
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(Report on the Implementation State)
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第二十一条認定新技術等実証実施者は、主務大臣の求めに応じて、新技術等実証の実施状況を、定期的に、様式第四十三により主務大臣に報告しなければならない。
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Article 21(1)On request from the competent minister, an approved implementer of the testing of new technology, etc. must regularly report the implementation state of the testing of new technology, etc. to the competent minister by using Form 43.
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(3)An approved implementer of the testing of new technology, etc. must report the implementation state of the testing of new technology, etc. based on an approved plan for the testing of new technology, etc. as of the end of the demonstration study to the competent minister, within three months after the end of the demonstration study in principle, by using Form 44.
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(4)An approved enterprise implementing innovative use of data for industrial activities must report the implementation state of an approved plan for innovative use of data for industrial activities in each business year during its implementation period to the competent minister, within three months after the end of the relevant business year in principle, by using Form 45.
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(5)An enterprise implementing specified innovative use of data for industrial activities must report the fact that the specified innovative use of data for industrial activities conforms to the standards for the security control of data prescribed in Article 26, paragraph (1) of the Act to the competent minister, within three months after the end of each business year in principle during the implementation period of the plan for innovative use of data for industrial activities, by using Form 46.In this case, if the competent minister has delegated the investigation necessary for making the confirmation referred to in Article 26, paragraph (1) of the Act to the Information-technology Promotion Agency, etc. pursuant to Article 28, paragraph (2) of the Act, the minister is to promptly notify the Information-technology Promotion Agency, etc. of the contents of the report.
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(立入検査の証明書)
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(Identification Card for On-Site Inspections)
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第二十二条法第三十条の規定により立入検査をする職員の身分を示す証明書は、様式第四十七によるものとする。
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Article 22The identification card of officials conducting on-site inspections pursuant to Article 30 of the Act is to be based on Form 47.
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附 則
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Supplementary Provisions
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この命令は、生産性向上特別措置法の施行の日(平成三十年六月六日)から施行する。
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This Regulation comes into effect as of the date on which the Act on Special Measures for Productivity Improvement comes into effect (June 6, 2018).
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