Article 1(1)The corporation specified by Cabinet Order as provided in Article 9, item (iv) of the Act on Promotion of Private Finance Initiative (hereinafter referred to as the "Act") is to be a corporation having any of the following relationships (referred to as a "specified controlling interest" in the following paragraph) with a certain corporation:

(2)A first corporation that holds a specified controlling interest in a second corporation that holds a specified controlling interest in a third corporation is deemed to hold a specified controlling interest in that third corporation, and provisions of this Article are to apply.

Article 2When applying mutatis mutandis the provisions of the main clause of Article 15, paragraph (5), Article 16, the first sentence of Article 17, paragraph (1), Article 18, paragraphs (1) and (2), and Article 19 of the Act on Promoting Quality Assurance in Public Works (Act No. 18 of 2005) pursuant to the provisions of Article 10, paragraph (3) of the Act, the phrase "When requesting technical proposals from tender participants to determine a successful bidder, the commissioning entity" in the main clause of Article 15, paragraph (5) of that act is replaced with "When requesting technical proposals from those who intend to respond to the invitation to select a private business that implements a qualified project as provided in Article 2, paragraph (2) of the Act on Promotion of Private Finance Initiative (Act No. 117 of 1999) (hereinafter referred to as a "qualified project"), the administrator, etc. of the public facility, etc. provided in paragraph (3) of that Article (hereinafter referred to as the "administrator, etc. of the public facility, etc.")"; the term "commissioning entity" in Article 16, the first sentence of Article 17, paragraph (1), Article 18, paragraphs (1) and (2), and Article 19 of the act is replaced with "administrator, etc. of the public facility, etc."; the phrase "from tender participants" in Article 16 of that act is replaced with "from those who intend to respond to the invitation of private businesses that implement the qualified project"; the phrase "of tender participants" in that Article is replaced with "of those who intend to respond to the invitation"; the terms "construction technology" and "technical capabilities" in that Article is replaced with "managerial and technical capabilities"; the phrase "participating in the tender" in that Article is replaced with "intending to respond to the invitation"; the term "public works" in that Article and Article 18, paragraph (1) of that act is replaced with "qualified projects"; the term "technical capability" in Article 16 of that act is replaced with "level"; the phrase "determine a successful bidder" in that Article is replaced with "select a private business which will implement that qualified project"; the term "the works" in Article 18, paragraph (1) is replaced with "the qualified project"; the term "specifications" in that paragraph is replaced with "content"; and the term "of its commissions" in that paragraph is replaced with "of its selection of qualified projects".

Article 3With respect to the criteria specified by Cabinet Order as provided in Article 12 of the Act, the type of the project contract is to be specified in the left-hand column of the following table, and for its amount, the amount of the target price (for borrowings, the total target lease charge) is to be not less than the amount specified in the right-hand column of the table.

Article 4(1)If an administrator, etc. of the public facility, etc. (meaning the administrator, etc. of the public facility, etc. provided in Article 2, paragraph (3) of the Act (limited to the head of a local government); the same applies in the following paragraph) finds it to be necessary to receive usage fees received by an operating right holder of the public facility, etc. provided in Article 9, item (iv) of the Act (hereinafter referred to as the "operating right holder of the public facility, etc." in this Article) as its own income pursuant to the provisions of Article 23, paragraph (1) of the Act (hereinafter referred to as the "usage fees" in this Article) together with the fees collected by a local government (limited to those that the provision of services with respect to which those fees are the consideration therefor is closely related to the provision of services with respect to which the usage fees are the consideration), in order to promote the smooth and efficient implementation of the public facility, etc., operating project (referred to as the "public facility, etc., operating project" in Article 2, item (i) of the Supplementary Provisions), that administrator, etc. of the public facility, etc. may receive those usage fees based on entrustment from the operating right holder of the public facility, etc.

(2)When an administrator, etc. of the public facility, etc. intends to receive usage fees based on entrustment from the operating right holder of the public facility, etc. pursuant to the provisions of the preceding paragraph, it must make that fact known to those who are required to pay the usage fees in advance by notice or other appropriate means.

Article 5For the purpose of the application of the provisions of Article 4, paragraph (3) of the National Public Service Ethics Code (Cabinet Order No. 101 of 2000), a dispatched official from the national government provided in Article 78, paragraph (1) of the Act is deemed to be a national public employee in the special service, etc. provided in Article 82, paragraph (2) of the National Public Service Act (Act No. 120 of 1947).