戸籍法(昭和二十二年法律第二百二十四号)
Family Register Act(Act No. 224 of 1947)
最終更新:令和五年法律第五十八号
Last Version: Act No. 58 of 2023
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May 21, 2024
- Last Version: Act No. 58 of 2023
- Translated Date: December 15, 2023
- Dictionary Version: 16.0
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July 27, 2023
- Last Version: Act No. 42 of 2021
- Translated Date: March 20, 2023
- Dictionary Version: 15.0
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January 29, 2014
- Last Version: Act No. 35 of 2007
- Translated Date: February 7, 2011
- Dictionary Version: 5.0
戸籍法
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Family Register Act
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昭和二十二年十二月二十二日法律第二百二十四号
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Act No. 224 of December 22, 1947
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第一章 総則(第一条―第五条)
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Chapter I General Provisions(Articles 1 through 5)
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第二章 戸籍簿(第六条―第十二条の二)
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Chapter II Family Register Book(Articles 6 through 12-2)
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第三章 戸籍の記載(第十三条―第二十四条)
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Chapter III Entries in a Family Register(Articles 13 through 24)
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第四章 届出
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Chapter IV Notifications
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第一節 通則(第二十五条―第四十八条)
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Section 1 General Rules(Articles 25 through 48)
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第二節 出生(第四十九条―第五十九条)
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Section 2 Birth(Articles 49 through 59)
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第三節 認知(第六十条―第六十五条)
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Section 3 Acknowledgment of Parentage(Articles 60 through 65)
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第四節 養子縁組(第六十六条―第六十九条の二)
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Section 4 Adoption(Articles 66 through 69-2)
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第五節 養子離縁(第七十条―第七十三条の二)
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Section 5 Dissolution of Adoptive Relationship(Articles 70 through 73-2)
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第六節 婚姻(第七十四条―第七十五条の二)
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Section 6 Marriage(Articles 74 through 75-2)
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第七節 離婚(第七十六条―第七十七条の二)
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Section 7 Divorce(Articles 76 through 77-2)
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第八節 親権及び未成年者の後見(第七十八条―第八十五条)
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Section 8 Parental Authority and Guardianship of a Minor(Articles 78 through 85)
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第九節 死亡及び失踪(第八十六条―第九十四条)
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Section 9 Death and Disappearance(Articles 86 through 94)
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第十節 生存配偶者の復氏及び姻族関係の終了(第九十五条・第九十六条)
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Section 10 Surviving Spouse's Reversion to Previous Surname and End of a Relationship by Affinity(Articles 95 through 96)
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第十一節 推定相続人の廃除(第九十七条)
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Section 11 Disinheritance of a Presumptive Heir(Article 97)
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第十二節 入籍(第九十八条・第九十九条)
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Section 12 Entry of a Name in a Family Register(Articles 98 and 99)
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第十三節 分籍(第百条・第百一条)
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Section 13 Separation from a Family Register(Articles 100 and 101)
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第十四節 国籍の得喪(第百二条―第百六条)
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Section 14 Acquisition or Loss of Japanese Nationality(Articles 102 through 106)
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第十五節 氏名の変更(第百七条・第百七条の二)
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Section 15 Change of Name(Articles 107 and 107-2)
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第十五節の二 氏名の振り仮名の変更(第百七条の三・第百七条の四)
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Section 15-2 Change of Kana Characters Indicating Name(Articles 107-3 and 107-4)
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第十六節 転籍及び就籍(第百八条―第百十二条)
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Section 16 Transfer of Registered Domicile and Registration of Unregistered Person(Articles 108 through 112)
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第五章 戸籍の訂正(第百十三条―第百十七条)
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Chapter V Correction of a Family Register(Articles 113 through 117)
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第六章 電子情報処理組織による戸籍事務の取扱いに関する特例等(第百十八条―第百二十一条の三)
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Chapter VI Special Provisions, etc. on the Handling of Processes for Family Registers by Electronic Data Processing Systems(Articles 118 through 121-3)
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第七章 不服申立て(第百二十二条―第百二十五条)
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Chapter VII Appeals(Articles 122 through 125)
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第八章 雑則(第百二十六条―第百三十一条)
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Chapter VIII Miscellaneous Provisions(Articles 126 through 131)
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第九章 罰則(第百三十二条―第百四十条)
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Chapter IX Penal Provisions(Articles 132 through 140)
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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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(2)The processes to be handled by the mayor of a municipality pursuant to the provisions of the preceding paragraph are Type I statutory entrusted processes as prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
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(2)If the director of a legal affairs bureau or district legal affairs bureau with jurisdiction over the location of a city office or town or village office (referred to below as the "director with jurisdiction") finds it necessary in order to handle processes for family registers, the director may request reports from or give advice or make recommendations to the mayor of a municipality. In this case, the director may give instructions to the mayor if the director finds it particularly necessary in order to ensure proper handling of processes for family registers.
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(3)If the director with jurisdiction receives an inquiry for confirmation concerning the handling of processes for family registers from the mayor of a municipality or otherwise finds it necessary in order to give advice, recommendations, or instructions pursuant to the provisions of the preceding paragraph, the director may ask questions or request submission of necessary documents to the notifying person, the party to the event under notification, or other relevant persons.
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4戸籍事務については、地方自治法第二百四十五条の四、第二百四十五条の七第二項第一号、第三項及び第四項、第二百四十五条の八第十二項及び第十三項並びに第二百四十五条の九第二項第一号、第三項及び第四項の規定は、適用しない。
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(4)The provisions of Article 245-4, Article 245-7, paragraph (2), item (i), and paragraphs (3) and (4), Article 245-8, paragraphs (12) and (13), and Article 245-9, paragraph (2), item (i), and paragraphs (3) and (4) of the Local Autonomy Act do not apply to processes for family registers.
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第四条この法律中、市長及び市役所に関する規定は、特別区においては特別区、特別区の区長及び特別区の区役所に、地方自治法第二百五十二条の十九第一項の指定都市においては区及び総合区、区長及び総合区長並びに区及び総合区の区役所にこれを準用する。
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Article 4In the cases of special wards, the provisions of this Act concerning city mayors and city offices apply mutatis mutandis to special wards, special ward mayors, and special ward offices; and those provisions apply mutatis mutandis to wards, administratively consolidated wards, ward mayors, administratively consolidated ward mayors, ward offices, and administratively consolidated wards offices in the case of designated cities referred to in Article 252-19, paragraph (1) of the Local Autonomy Act.
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第二章 戸籍簿
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Chapter II Family Register Book
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Article 6A family register is created for each unit consisting of a husband and wife, and any children with the same surname, who have their registered domicile within the area of a municipality;provided, however, that when a new family register is created for a person who has entered into marriage with a person who is not a Japanese national (referred to below as a "foreign national"), or for a person who does not have a spouse, it is created for each unit consisting of the person in question and any children with the same surname.
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Article 10(1)A person entered in a family register (including a person whose name has been removed from the family register (excluding a person for whom all of the entries the register have been made based on the error of the mayor of a municipality and then corrected pursuant to the provisions of Article 24, paragraph (2))), or their spouse, lineal ascendant, or lineal descendant may request the issuance of a transcript or extract of the family register, or a certificate of the particulars entered in the family register (referred to below as a "family register transcript, extract or certificate").
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Article 10-2(1)A person other than the person prescribed in paragraph (1) of the preceding Article may request the issuance of a family register transcript, extract or certificate only in the cases listed in the following items.In this case, the person who makes the request must clarify the particulars specified in those items:
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一自己の権利を行使し、又は自己の義務を履行するために戸籍の記載事項を確認する必要がある場合権利又は義務の発生原因及び内容並びに当該権利を行使し、又は当該義務を履行するために戸籍の記載事項の確認を必要とする理由
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(i)if the person needs to confirm the particulars entered in the family register in order to exercise their own right or perform their own obligation:the cause and content of the right or the obligation, as well as the reasons for which the person needs to confirm the particulars entered in the family register in order to exercise the relevant right or perform the relevant obligation;
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二国又は地方公共団体の機関に提出する必要がある場合戸籍謄本等を提出すべき国又は地方公共団体の機関及び当該機関への提出を必要とする理由
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(ii)if the person needs to submit the family register transcript, extract or certificate to a national or local government agency:the national or local government agency to which they must submit the family register transcript, extract or certificate, and the reasons why the submission to the relevant agency is required; and
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三前二号に掲げる場合のほか、戸籍の記載事項を利用する正当な理由がある場合戸籍の記載事項の利用の目的及び方法並びにその利用を必要とする事由
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(iii)beyond the cases listed in the preceding two items, if the person has justifiable grounds for using the particulars entered in the family register:the purpose and the method of use of the entries in the family register, as well as the reasons for requiring that use.
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(2)Notwithstanding the provisions of the preceding paragraph, a national or local government agency may request the issuance of a family register transcript, extract or certificate if the agency needs it in order to perform processes prescribed by law and regulations.In this case, the official with the authority to take charge of making the request must clarify their government position, the type of processes, and the clauses of the governing law and regulations that constitute the grounds for performing processes, as well as the purpose for which the particulars entered in the family register will be used.
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3第一項の規定にかかわらず、弁護士(弁護士法人及び弁護士・外国法事務弁護士共同法人を含む。次項において同じ。)、司法書士(司法書士法人を含む。次項において同じ。)、土地家屋調査士(土地家屋調査士法人を含む。次項において同じ。)、税理士(税理士法人を含む。次項において同じ。)、社会保険労務士(社会保険労務士法人を含む。次項において同じ。)、弁理士(弁理士法人を含む。次項において同じ。)、海事代理士又は行政書士(行政書士法人を含む。)は、受任している事件又は事務に関する業務を遂行するために必要がある場合には、戸籍謄本等の交付の請求をすることができる。この場合において、当該請求をする者は、その有する資格、当該業務の種類、当該事件又は事務の依頼者の氏名又は名称及び当該依頼者についての第一項各号に定める事項を明らかにしてこれをしなければならない。
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(3)Notwithstanding the provisions of paragraph (1), an attorney (including a legal professional corporation or attorney at law/registered foreign lawyer joint corporation; the same applies in the following paragraph), a judicial scrivener (including a judicial scrivener corporation; the same applies in the following paragraph), a land and buildings investigator (including a land and buildings investigator corporation; the same applies in the following paragraph), a certified public tax accountant (including a tax accountancy corporation; the same applies in the following paragraph), a public consultant on social and labor insurance (including a corporation of public consultants on social and labor insurance; the same applies in the following paragraph), a patent attorney (including a patent attorney corporation; the same applies in the following paragraph), a marine procedure commission agent, or a certified administrative procedures legal specialist (including a certified administrative procedures legal specialist corporation) may request the issuance of a family register transcript, extract or certificate if they require it in order to execute business concerning a case or function that they have undertaken.In this case, the person who makes the request must clarify their qualifications, the type of the business, the name of the client of the case or function, and the particulars prescribed in the items of paragraph (1) regarding the relevant client.
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(4)Notwithstanding the provisions of paragraph (1) and the preceding paragraph, an attorney, judicial scrivener, land and buildings investigator, certified public tax accountant, social insurance and labor public consultant, or patent attorney may request the issuance of a family register transcript, extract or certificate if they require it in order to conduct the following business with regard to a case that they have undertaken.In this case, the person who makes the request must clarify their qualification, the type of the case, the procedures which they are carrying out or seek to carry out as an agent in the course of their business, and the purpose of use of the particulars entered in the family register:
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一弁護士にあつては、裁判手続又は裁判外における民事上若しくは行政上の紛争処理の手続についての代理業務(弁護士法人については弁護士法(昭和二十四年法律第二百五号)第三十条の六第一項各号に規定する代理業務を除き、弁護士・外国法事務弁護士共同法人については外国弁護士による法律事務の取扱い等に関する法律(昭和六十一年法律第六十六号)第八十条第一項において準用する弁護士法第三十条の六第一項各号に規定する代理業務を除く。)
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(i)for an attorney, services as an agent in court proceedings or in out-of-court proceedings involving civil or administrative dispute resolution (in the case of a legal professional corporation, those services exclude services as an agent as prescribed in the items of Article 30-6, paragraph (1) of the Attorney Act (Act No. 205 of 1949), and in the case of a lawyer and registered foreign lawyer joint corporation, those services exclude services as an agent as prescribed in the items of Article 30-6, paragraph (1) of the Attorney Act as applied mutatis mutandis pursuant to Article 80, paragraph (1) of the Act on Special Measures Concerning the Handling of Legal Services by Foreign Lawyers (Act No. 66 of 1986));
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二司法書士にあつては、司法書士法(昭和二十五年法律第百九十七号)第三条第一項第三号及び第六号から第八号までに規定する代理業務(同項第七号及び第八号に規定する相談業務並びに司法書士法人については同項第六号に規定する代理業務を除く。)
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(ii)for a judicial scrivener, services as an agent as prescribed in Article 3, paragraph (1), item (iii) and items (vi) through (viii) of the Judicial Scrivener Act (Act No. 197 of 1950) (excluding consultation services prescribed in items (vii) and (viii) of the relevant paragraph; in the case of a judicial scrivener corporation, excluding services as an agent prescribed in item (vi) of the relevant paragraph);
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三土地家屋調査士にあつては、土地家屋調査士法(昭和二十五年法律第二百二十八号)第三条第一項第二号に規定する審査請求の手続についての代理業務並びに同項第四号及び第七号に規定する代理業務
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(iii)for a land or buildings investigator, services as an agent for handling the procedures for a request for examination prescribed in Article 3, paragraph (1), item (ii) of the Land or Buildings Investigator Act (Act No. 228 of 1950) and services as an agent as prescribed in items (iv) and (vii) of the relevant paragraph;
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四税理士にあつては、税理士法(昭和二十六年法律第二百三十七号)第二条第一項第一号に規定する不服申立て及びこれに関する主張又は陳述についての代理業務
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(iv)for a certified public tax accountant, services as an agent for handling an appeal prescribed in Article 2, paragraph (1), item (i) of the Certified Public Tax Accountant Act (Act No. 237 of 1951) and any claim or statement concerning that appeal;
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五社会保険労務士にあつては、社会保険労務士法(昭和四十三年法律第八十九号)第二条第一項第一号の三に規定する審査請求及び再審査請求並びにこれらに係る行政機関等の調査又は処分に関し当該行政機関等に対してする主張又は陳述についての代理業務並びに同項第一号の四から第一号の六までに規定する代理業務(同条第三項第一号に規定する相談業務を除く。)
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(v)for a social insurance and labor public consultant, services as an agent for handling a request for examination or request for re-examination prescribed in Article 2, paragraph (1), item (i)-3 of the Act on Public Consultants on Social and Labor Insurance (Act No. 89 of 1968), and handling any claim or statement made to the administrative organ or other relevant organs with respect to their investigation or disposition related to the request in question, and services as an agent as prescribed in items (i)-4 through (i)-6 of the relevant paragraph (excluding consultation services prescribed in paragraph (3), item (i) of the relevant Article); and
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六弁理士にあつては、弁理士法(平成十二年法律第四十九号)第四条第一項に規定する特許庁における手続(不服申立てに限る。)、審査請求及び裁定に関する経済産業大臣に対する手続(裁定の取消しに限る。)についての代理業務、同条第二項第一号に規定する税関長又は財務大臣に対する手続(不服申立てに限る。)についての代理業務、同項第二号に規定する代理業務、同法第六条に規定する訴訟の手続についての代理業務並びに同法第六条の二第一項に規定する特定侵害訴訟の手続についての代理業務(弁理士法人については同法第六条に規定する訴訟の手続についての代理業務及び同項に規定する特定侵害訴訟の手続についての代理業務を除く。)
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(vi)for a patent attorney, services as an agent in procedures with the Japan Patent Office (limited to appeals) and procedures involving the Minister of Economy, Trade and Industry with regard to a request for examination or award (limited to revocation of an award) as prescribed in Article 4, paragraph (1) of the Patent Attorneys Act (Act No. 49 of 2000), services as an agent in procedures involving a Director-General of Customs or the Minister of Finance as prescribed in paragraph (2), item (i) of that Article (limited to appeals), services as an agent as prescribed in item (ii) of that paragraph, services as an agent in proceedings in lawsuits as prescribed in Article 6 of that Act, and services as an agent in proceedings in specific infringement lawsuits as prescribed in Article 6-2, paragraph (1) of that Act (in the case of a patent attorney corporation, excluding services as an agent in proceedings in lawsuits as prescribed in Article 6 of that Act and services as an agent in proceedings in specific infringement lawsuits as prescribed in that paragraph).
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5第一項及び第三項の規定にかかわらず、弁護士は、刑事に関する事件における弁護人としての業務、少年の保護事件若しくは心神喪失等の状態で重大な他害行為を行った者の医療及び観察等に関する法律(平成十五年法律第百十号)第三条に規定する処遇事件における付添人としての業務、逃亡犯罪人引渡審査請求事件における補佐人としての業務、人身保護法(昭和二十三年法律第百九十九号)第十四条第二項の規定により裁判所が選任した代理人としての業務、人事訴訟法(平成十五年法律第百九号)第十三条第二項及び第三項の規定により裁判長が選任した訴訟代理人としての業務又は民事訴訟法(平成八年法律第百九号)第三十五条第一項に規定する特別代理人としての業務を遂行するために必要がある場合には、戸籍謄本等の交付の請求をすることができる。この場合において、当該請求をする者は、弁護士の資格、これらの業務の別及び戸籍の記載事項の利用の目的を明らかにしてこれをしなければならない。
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(5)Notwithstanding the provisions of paragraphs (1) and (3), an attorney may request the issuance of a family register transcript, extract or certificate if the attorney needs it in order to perform their services in acting as a defense counsel in a criminal case, in acting as an attendant in a juvenile protection case or a treatment case prescribed in Article 3 of the Act on Medical Care and Treatment for Persons Who Have Caused Serious Harm to Others While in a State of Insanity (Act No. 110 of 2003), in acting as an assistant in court in a case involving a request for examination on the extradition of a fugitive, in acting as an agent appointed by the court pursuant to the provisions of Article 14, paragraph (2) of the Act on Protection of Personal Liberty (Act No. 199 of 1948), in acting as a counsel appointed by the presiding judge pursuant to the provisions of Article 13, paragraphs (2) and (3) of the Personal Status Litigation Act (Act No. 109 of 2003), or in acting as a special agent prescribed in Article 35, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996).In this case, the person who makes the request must clarify their qualifications as an attorney, the category of services concerned, and the purpose for which the particulars entered in the family register will be used.
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Article 10-3(1)When making a request prescribed in Article 10, paragraph (1), or paragraphs (1) through (5) of the preceding Article, the person taking charge of making the request must clarify their name and other particulars specified by Ministry of Justice Order that are necessary for identifying themselves to the mayor of a municipality, by showing their driver's license or by any other method specified by Ministry of Justice Order.
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(2)For the case referred to in the preceding paragraph, if the person taking charge of making the request is an agent of the person making the request (or for the case of the request referred to in paragraph (2) of the preceding Article, if the person taking charge of making the request is an agent of the official with the authority to do so; referred to below as the "requesting person" in this paragraph and the following Article) or any person other than the requesting person, the person who is taking charge of making the request must submit to the mayor of a municipality a document clarifying that they are taking charge of making the request at the requesting person's direction or pursuant to the provisions of laws and regulations, by a method specified by Ministry of Justice Order.
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Article 10-4If the request referred to in Article 10-2, paragraphs (1) through (5) has been made, and the mayor of a municipality finds that the particulars that the requesting person is required to clarify pursuant to these provisions have not been clarified, they may ask for the necessary explanations from the requesting person.
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Article 11If all or part of a family register book is lost or is likely to be lost, the Minister of Justice must give instructions to take the necessary measures for its replication or supplementation.In this case, if a family registry is lost, the Minister of Justice must give public notice to that effect.
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Article 11-2(1)If an entry in a family register has been made based on a false notification or other related action (meaning a notification, a report, an application, a request, entrustment, issuance of a certified copy of a certificate or logbook, or the rendering of a judicial decision; the same applies below in this paragraph), based on a notification or other related action that was made by mistake, or due to an error that the mayor of a municipality made, and the entry has been corrected pursuant to the provisions of Article 24, paragraph (2), Article 113, Article 114, or Article 116, and if a person entered in that family register (including a person whose name has been removed from that family register; the same applies in the following paragraph) requests the replication of an abridged edition of the family register without the entries containing the particulars subject to the corrections, the Minister of Justice must give instructions to take the necessary measures for that replication;provided, however, that this does not apply when a replicated family register contains errors or omissions in its entries.
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(2)The provisions of the main clause of the preceding paragraph also apply if the mayor of a municipality has corrected, added, or deleted any characters in a family register when making an entry in it, and a person entered in the family register requests the replication of an abridged edition of the family register without the entries containing the particulars subject to that correction, addition, or deletion.
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Article 12-2The provisions of Articles 10 through 10-4 apply mutatis mutandis to cases in which the issuance of a transcript or extract of a removed family register or a certificate of the particulars entered in a removed family register (referred to below as a "transcript, extract, or certificate of a removed family register") is requested.
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第三章 戸籍の記載
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Chapter III Entries in a Family Register
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一氏名
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(i)name;
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二氏名の振り仮名(氏に用いられる文字の読み方を示す文字(以下「氏の振り仮名」という。)及び名に用いられる文字の読み方を示す文字(以下「名の振り仮名」という。)をいう。以下同じ。)
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(ii)kana characters indicating the name (kana characters used to display the pronunciation of the characters used in the surname (referred to below as the "surname kana characters") and kana characters used to display the pronunciation of the characters used in the given name (referred to below as the "given name kana characters"); the same applies below)
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三出生の年月日
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(iii)date of birth;
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四戸籍に入つた原因及び年月日
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(iv)the reason and date of the entry in the family register;
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五実父母の氏名及び実父母との続柄
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(v)the names of the natural parents and the relationship with the natural parents;
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六養子であるときは、養親の氏名及び養親との続柄
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(vi)in the case of an adopted child, the names of the adoptive parents and the relationship with the adoptive parents;
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七夫婦については、夫又は妻である旨
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(vii)for a husband and wife, a statement that they are husband and wife;
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八他の戸籍から入つた者については、その戸籍の表示
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(viii)for a person whose name has been moved from another family register, information identifying the former family register; and
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九その他法務省令で定める事項
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(ix)other particulars specified by Ministry of Justice Order.
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Article 16(1)When a notification of marriage is made, a new family register is created for the husband and wife;provided, however, that this does not apply if the husband and wife take the husband's surname and the husband's name is entered as the head of his family register, or if they take the wife's surname and the wife's name is entered as the head of her family register.
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Article 19(1)If a person who has taken a new surname as a result of marriage or adoption reverts to the surname used before the marriage or adoption as a result of divorce, dissolution of an adoptive relationship, or annulment of the marriage or adoption, that person joins the family register which they joined before the marriage or adoption;provided, however, that if their previous family register has already been removed, or when they request the creation of a new family register, a new family register is created.
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(2)The provisions of the preceding paragraph apply mutatis mutandis to cases in which a person reverts to the surname used before marriage pursuant to the provisions of Article 751, paragraph (1) of the Civil Code, and a person reverts to their previous surname pursuant to the provisions of Article 791, paragraph (4) of the relevant Code.
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3民法第七百六十七条第二項(同法第七百四十九条及び第七百七十一条において準用する場合を含む。)又は同法第八百十六条第二項(同法第八百八条第二項において準用する場合を含む。)の規定によつて離婚若しくは婚姻の取消し又は離縁若しくは縁組の取消しの際に称していた氏を称する旨の届出があつた場合において、その届出をした者を筆頭に記載した戸籍が編製されていないとき、又はその者を筆頭に記載した戸籍に在る者が他にあるときは、その届出をした者について新戸籍を編製する。
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(3)If a notification has been submitted to the effect that a person will use the surname that they used at the time of their divorce or the annulment of marriage, or at the time of the dissolution of their adoptive relationship or the annulment of their adoption pursuant to the provisions of Article 767, paragraph (2) of the Civil Code (including as applied mutatis mutandis pursuant to Articles 749 and 771 of the relevant Code) or Article 816, paragraph (2) of the relevant Code (including as applied mutatis mutandis pursuant to Article 808, paragraph (2) of the relevant Code), and if there is no family register in which the person has been entered as the head, or if any other person is entered in the family register in which the person who has made the notification has been entered as the head, a new family register is created for the person making the notification.
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Article 20-2(1)If a notification has been submitted to the effect that a person is changing their surname pursuant to the provisions of Article 107, paragraph (2) or (3), and any other person has been entered in the family register of the person who has submitted the notification, a new family register is created for the person who has submitted the notification.
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(2)If a notification has been submitted to the effect that a person is changing their surname pursuant to the provisions of Article 107, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of the relevant Article, a new family register is created for the party to the event under notification.
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第二十条の四性同一性障害者の性別の取扱いの特例に関する法律(平成十五年法律第百十一号)第三条第一項の規定による性別の取扱いの変更の審判があつた場合において、当該性別の取扱いの変更の審判を受けた者の戸籍に記載されている者(その戸籍から除かれた者を含む。)が他にあるときは、当該性別の取扱いの変更の審判を受けた者について新戸籍を編製する。
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Article 20-4If the adjudication of a change of gender designation has been rendered pursuant to the provisions of Article 3, paragraph (1) of the Act on Special Cases Involving the Handling of Gender for People with Gender Identity Disorder (Act No. 111 of 2003), and any other person has been entered in the family register of the person to whom the adjudication of the change of gender designation applies (that other person includes a person whose name has been removed from the family register), a new family register is created for the person to whom the adjudication of the change of gender designation applies.
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Article 23The name of a person for whom a new family register will be created or who will join another family register pursuant to the provisions of Articles 16 thorough 21 is removed from their previous family register. The same applies to a person who has died, a person subject to a declaration of presumed death, or a person who has lost Japanese nationality.
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Article 24(1)If the mayor of a municipality finds that any entry in a family register that is impermissible under law or any mistake or omission is in the entries in a family register, they must notify the notifying person or the party to the event under notification to that effect without delay;provided, however, that this does not apply if the details of and reasons for the correction are clear to the mayor of a municipality from the entries in the family register, entries in the notification, or other documents.
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(4)If, in the course of their duty, a court or any other government agency, public prosecutor, or public official has come to know of any entry in a family register that is impermissible under law, or of any mistake or omission in the entries in a family register, they must notify the mayor of a municipality in the locality of the registered domicile of the parties to the event under notification to that effect without delay.
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第四章 届出
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Chapter IV Notifications
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第一節 通則
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Section 1 General Rules
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Article 26If a notification has been submitted with regard to a person whose registered domicile is unclear or who has no registered domicile, and subsequently their registered domicile is clarified or they come to have a registered domicile, the notifying person or the party to the event under notification must make the event under notification clear and file a new notification to that effect with the mayor of a municipality who accepted the first notification, within ten days from the day on which they came to know that fact.
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第二十七条の二市町村長は、届出によつて効力を生ずべき認知、縁組、離縁、婚姻又は離婚の届出(以下この条において「縁組等の届出」という。)が市役所又は町村役場に出頭した者によつてされる場合には、当該出頭した者に対し、法務省令で定めるところにより、当該出頭した者が届出事件の本人(認知にあつては認知する者、民法第七百九十七条第一項に規定する縁組にあつては養親となる者及び養子となる者の法定代理人、同法第八百十一条第二項に規定する離縁にあつては養親及び養子の法定代理人となるべき者とする。次項及び第三項において同じ。)であるかどうかの確認をするため、当該出頭した者を特定するために必要な氏名その他の法務省令で定める事項を示す運転免許証その他の資料の提供又はこれらの事項についての説明を求めるものとする。
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Article 27-2(1)If a notification of an acknowledgment of parentage, adoption, dissolution of an adoptive relationship, marriage, or divorce (referred to below as a "notification of adoption or other prescribed actions" in this Article) that will become effective upon notification is submitted by a person who has appeared at a city office or town or village office, the mayor of a municipality is to require the person who has appeared to present their driver's license or any other documentation showing their name and other particulars specified by Ministry of Justice Order that are necessary for identifying them, or may require the relevant person to explain these particulars, in order to confirm whether or not the person who has appeared is one of the parties to the event under notification (for an acknowledgment of parentage, the person acknowledging parentage; for an adoption as prescribed in Article 797, paragraph (1) of the Civil Code, the person who will become the adoptive parent and the legal representative of the person who will be adopted; and for the dissolution of an adoptive relationship as prescribed in Article 811, paragraph (2) of the relevant Code, an adoptive parent and the person who is to become the legal representative of the adopted child; the same applies in the following paragraph and paragraph (3)), as provided for by Ministry of Justice Order.
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(2)If a notification of adoption or other prescribed action has been submitted, and the mayor of a municipality is unable to confirm, by taking the measures under the provisions of the preceding paragraph, that one of the parties to the event under notification has appeared at the city office or town or village office and submitted the notification, the mayor must notify the relevant party without delay after accepting the notification and by a method specified by Ministry of Justice Order that the mayor has accepted the notification of the adoption or other prescribed action.
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(3)Any person may make a request to the mayor of a municipality in the locality of their registered domicile, in advance and by a method specified by Ministry of Justice Order, that even if a notification of adoption or other prescribed action has been submitted with regard to an event under notification to which they are a party, that the mayor of a municipality not accept the relevant notification if it is not possible to confirm through the measures under paragraph (1) that they themselves have appeared at the city office or town or village office to submit the notification.
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(4)If a notification of adoption or other prescribed action related to a request under the preceding paragraph has been submitted, and the mayor of a municipality is unable to confirm, by taking the measures under paragraph (1), that the person making the request has appeared at the city office or town or village office to submit the notification, the mayor may not accept the notification.
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(5)If the mayor of a municipality is not permitted to accept a notification of adoption or other prescribed actions pursuant to the provisions of the preceding paragraph, the mayor, without delay and by a method specified by Ministry of Justice Order, must notify the person who made a request under paragraph (3) that the notification of the adoption or other prescribed actions has been submitted.
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一届出の受理に際し、この法律の規定により届出人が明らかにすべき事項が明らかにされていないとき。
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(i)if particulars that the notifying person is required to clarify pursuant to the provisions of this Act have not been clarified at the time the mayor accepts the notification; or
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二その他戸籍の記載のために必要があるとき。
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(ii)if otherwise necessary to make entries in the family register.
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一届出事件
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(i)the event under notification;
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二届出の年月日
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(ii)the date of notification;
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三届出人の出生の年月日、住所及び戸籍の表示
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(iii)the date of birth, address, and information identifying the family register of the notifying person; and
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四届出事件の本人の氏名及び氏名の振り仮名
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(iv)the name and the surname kana characters of the party to the event under notification;
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五届出人と届出事件の本人とが異なるときは、届出事件の本人の出生の年月日、住所及び戸籍の表示並びに届出人の資格
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(v)if the notifying person is different from the party to the event under notification, the name, date of birth, address, and information identifying the family register of the party to the event under notification, and the qualifications of the notifying person.
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Article 30(1)As a result of an event under notification, if the name of the notifying person or of the party to the event under notification should be entered in another family register, information identifying the first family register must be entered in the written notification; if the name of the notifying person or the party should be removed from their previous family register, information identifying the previous family register must be entered in the written notification; and if a new family register should be created for the notifying person or the party, the reason for the creation of a new family register and the new registered domicile must be entered in the written notification.
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(2)As a result of an event under notification, if a person other than the notifying person or the party to the event under notification should be entered in another family register or if a new family register should be created for the person in question, in addition to their name, date of birth, and address of the person being entered in the written notification, the particulars listed in the preceding paragraph must be entered in it, depending on whether the person in question is being entered into another family register or a new family register is being created for the person in question.
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Article 31(1)If the person who is required to submit a notification is a minor or adult ward, a person with parental authority over the relevant person or the relevant person's guardian is the one who has the duty to submit the notification;provided, however, that this does not preclude a minor or adult ward from submitting the notification themselves.
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一届出をすべき者の氏名、出生の年月日及び本籍
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(i)the name, date of birth, and registered domicile of the person who is required to submit the notification:
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二行為能力の制限の原因
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(ii)the cause of the limitation of the relevant person's capacity to act; and
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三届出人が親権を行う者又は後見人である旨
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(iii)the fact that the notifying person has parental authority over the relevant person or is the relevant person's guardian.
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(3)If a notifying person is unable to appear due to illness or for any other reasons, the notifying person may have their agent make the notification;provided, however, that this does not apply to the notifications referred to in Article 60, Article 61, Article 66, Article 68, Articles 70 through 72, Article 74, and Article 76.
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Article 38(1)If the parents or any other persons need to give their consent or approval in relation to an event under notification, a written notification must be accompanied by a document proving the consent or approval;provided, however, that it is sufficient to have the person who gives the consent or approval add a supplementary note to that effect in the written notification, and have that person affix their signature to it.
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(2)If a judicial decision needs to be rendered or a government agency needs to give its permission in relation to an event under notification, a written notification must be accompanied by a transcript of the judicial decision or a document stating the details of the judicial decision for which the court clerk has certified the contents to be the same as the contents of the judicial decision, or a transcript of the permit.
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Article 41(1)When a Japanese national who lives in a foreign country has a certificate made in accordance with the formalities of that country in relation to an event under notification, they must submit a copy of the relevant certificate to the Japanese ambassador, minister, or consul stationed in that country within three months.
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Article 45If the mayor of a municipality has accepted a notification, but they are unable to make an entry in a family register due to a defect in the written notification, they must have the person who has submitted the notification add further information to complete the notification. In this case, the provisions of the preceding Article apply mutatis mutandis.
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第四十七条市町村長は、届出人がその生存中に郵便又は民間事業者による信書の送達に関する法律(平成十四年法律第九十九号)第二条第六項に規定する一般信書便事業者若しくは同条第九項に規定する特定信書便事業者による同条第二項に規定する信書便によつて発送した届書については、当該届出人の死亡後であつても、これを受理しなければならない。
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Article 47(1)The mayor of a municipality must accept a written notification even after the death of the notifying person, if the notifying person sent the notification while they were still alive by postal mail or by correspondence delivery as prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) through a general correspondence delivery operator as prescribed in paragraph (6) of that Article or through a specified correspondence delivery operator as prescribed in paragraph (9) of that Article.
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第二節 出生
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Section 2 Birth
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一子の男女の別及び嫡出子又は嫡出でない子の別
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(i)the gender of the child, and whether the child is born in or out of wedlock;
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二出生の年月日時分及び場所
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(ii)the date, time, and place of birth;
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三父母の氏名及び本籍、父又は母が外国人であるときは、その氏名及び国籍
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(iii)the names and registered domiciles of the parents, and if the father or mother is a foreign national, their names and nationality; and
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四その他法務省令で定める事項
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(iv)other particulars specified by Ministry of Justice Order.
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(3)If a doctor, midwife, or any other person attended the birth, the written notification must be accompanied by a birth certificate that one of them in the order of doctor, midwife, and the other person has prepared in the manner provided for by Order of Ministry of Justice and the Ministry of Health, Labour and Welfare;provided, however, that this does not apply if there are unavoidable grounds for not doing so.
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(2)If the birth takes place within a train or aboard any other mode of transportation (excluding a ship; the same applies below), a notification of birth may be submitted in the locality in which the mother exited that mode of transportation, and if the birth takes place within a ship where no logbook is kept, a notification of birth may be submitted in the locality at which the ship first enters port.
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第一 同居者
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First: a cohabitant; or
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第二 出産に立ち会つた医師、助産師又はその他の者
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Second: the doctor, midwife, or other person who attended the birth.
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Article 54(1)If the court is to determine the paternity of a child pursuant to the provisions of Article 773 of the Civil Code, the notification of birth must be submitted by the mother. In this case, she must enter the grounds that paternity has not yet been ascertained in the written notification.
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(3)If the ship arrives at a port in a foreign country, the master must send a transcript of the portion of the logbook concerning the birth to the Japanese ambassador, minister, or consul stationed in that country without delay, and the ambassador, minister, or consul must send it to the mayor of a municipality in the locality of the registered domicile via the Minister of Foreign Affairs without delay.
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(2)When having received information as set forth in the preceding paragraph, the mayor of a municipality must give a name to the child and the kana characters indicating the pronunciation of the name, and designate their registered domicile, and must enter in a record any belongings of that child, the place, the date and time, and other circumstances concerning how the child was found, the kana characters indicating the pronunciation of their name, their gender, the presumed date of birth, and the registered domicile. The record in question is deemed to be a written notification.
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第三節 認知
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Section 3 Acknowledgment of Parentage
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一父が認知をする場合には、母の氏名及び本籍
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(i)when the father acknowledges paternity, the name and registered domicile of the mother;
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二死亡した子を認知する場合には、死亡の年月日並びにその直系卑属の氏名、出生の年月日及び本籍
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(ii)when the person acknowledges parentage of a child who has died, the date of the child's death, as well as the name, date of birth, and registered domicile of any of the child's lineal descendants.
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Article 62If parents submit a notification for the birth of a child born in wedlock with regard to a child who is to acquire the status of a child born in wedlock pursuant to the provisions of Article 789, paragraph (2) of the Civil Code, the notification has the effect of a notification acknowledging parentage.
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Article 63(1)When a judicial decision of filiation has become final and binding, the person who filed the action must submit a notification to that effect within ten days from the day on which the judicial decision became final and binding, together with a transcript of the judicial decision or a document stating the details of the judicial decision for which the court clerk has certified the contents to be the same as the contents of the judicial decision. The date that the judicial decision became final and binding must be entered in the written notification.
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(2)If the person who filed the action does not submit a notification under the preceding paragraph, the other party of the case may submit a notification to the effect that a judicial decision of filiation has become final and binding, together with a transcript of the judicial decision or a document stating the details of the judicial decision for which the court clerk has certified the contents to be the same as the contents of the judicial decision. In this case, the provisions of the second sentence of the relevant paragraph apply mutatis mutandis.
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Article 64In the case of an acknowledgment of parentage made in a will, the executor must submit a notification acknowledging parentage pursuant to the provisions of Articles 60 through 61 within ten days from the day on which they assumed the role, together with a copy of the will in which the acknowledgment is made.
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Article 65If an acknowledged child is stillborn, the person who has the duty to submit a notification of birth must submit a notification to that effect within 14 days from the day on which they became aware of that fact, in the locality in which the notification acknowledging parentage was submitted;provided, however, that an executor must submit this notification if they have submitted the notification set forth in the preceding Article.
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第四節 養子縁組
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Section 4 Adoption
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Article 68If consent is given for adoption pursuant to the provisions of Article 797 of the Civil Code, the notification of adoption must be submitted by the person who gives consent.
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Article 69-2The provisions of Article 73-2 apply mutatis mutandis to the case in which a person seeks to take the surname they were using at the time of the annulment of their adoption pursuant to the provisions of Article 816, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 808, paragraph (2) of the relevant Code.
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第五節 養子離縁
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Section 5 Dissolution of Adoptive Relationship
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Article 71If an adoptive relationship is dissolved by agreement pursuant to the provisions of Article 811, paragraph (2) of the Civil Code, a notification concerning the dissolution of the adoptive relationship must be submitted by the persons who have agreed on the dissolution.
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Article 72If an adoptive relationship is dissolved pursuant to the provisions of Article 811, paragraph (6) of the Civil Code, a notification concerning the dissolution of the adoptive relationship may be submitted by the surviving parties alone.
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Article 73-2A person who seeks to take the surname they were using at the time of the dissolution of their adoptive relationship pursuant to the provisions of Article 816, paragraph (2) of the Civil Code must state this and the date of the dissolution of the adoptive relationship in a written notification and submit this.
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第六節 婚姻
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Section 6 Marriage
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一夫婦が称する氏
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(i)the surname that the husband and wife will take; and
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二その他法務省令で定める事項
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(ii)other particulars specified by Ministry of Justice Order.
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Article 75-2The provisions of Article 77-2 apply mutatis mutandis to the case in which a person seeks to take the surname they were using at the time of the annulment of their marriage, pursuant to the provisions of Article 767, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 749 of the relevant Code.
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第七節 離婚
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Section 7 Divorce
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一親権者と定められる当事者の氏名及びその親権に服する子の氏名
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(i)the name of the party who is to have parental authority, and the name of the children subject to that party's parental authority; and
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二その他法務省令で定める事項
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(ii)other particulars specified by Ministry of Justice Order.
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一親権者と定められた当事者の氏名及びその親権に服する子の氏名
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(i)the name of the party who is to have parental authority, and the name of the children subject to that party's parental authority; and
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二その他法務省令で定める事項
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(ii)other particulars specified by Ministry of Justice Order.
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第七十七条の二民法第七百六十七条第二項(同法第七百七十一条において準用する場合を含む。)の規定によつて離婚の際に称していた氏を称しようとする者は、離婚の年月日を届書に記載して、その旨を届け出なければならない。
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Article 77-2A person who seeks to use the surname they were using at the time of divorce pursuant to the provisions of Article 767, paragraph (2) of the Civil Code (including as applied mutatis mutandis pursuant to Article 771 of the relevant Code) must state this and the date of their divorce in the written notification and submit it.
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第八節 親権及び未成年者の後見
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Section 8 Parental Authority and Guardianship over Minors
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Article 78Persons who seek to determine the party who will have parental authority by agreement pursuant to the proviso to Article 819, paragraph (3) or (4) of the relevant Article of the Civil Code must submit a notification to that effect.
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第七十九条第六十三条第一項の規定は、民法第八百十九条第三項ただし書若しくは第四項の協議に代わる審判が確定し、又は親権者変更の裁判が確定した場合において親権者に、親権喪失、親権停止又は管理権喪失の審判の取消しの裁判が確定した場合においてその裁判を請求した者について準用する。
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Article 79The provisions of Article 63, paragraph (1) apply mutatis mutandis to the person who has parental authority if adjudication standing in place of an agreement as set forth in the proviso to Article 819, paragraph (3) or (4) of the relevant Article of the Civil Code has become final and binding, or a judicial decision changing the party who has parental authority has become final and binding; those provisions also apply mutatis mutandis to the person seeking the judicial decision if the judicial decision revoking an adjudication of loss of parental authority, suspension of parental authority, or loss of the right to administer property has become final and binding.
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第八十一条民法第八百三十八条第一号に規定する場合に開始する後見(以下「未成年者の後見」という。)の開始の届出は、同法第八百三十九条の規定による指定をされた未成年後見人が、その就職の日から十日以内に、これをしなければならない。
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Article 81(1)A notification of the commencement of guardianship that will commence in the case prescribed in Article 838, item (i) of the Civil Code (referred to below as "guardianship over a minor") must be submitted by the guardian of a minor designated pursuant to the provisions of Article 839 of the Civil Code within ten days from the day on which they assumed the role of guardian.
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一後見開始の原因及び年月日
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(i)the cause and date of the commencement of guardianship; and
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二未成年後見人が就職した年月日
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(ii)the date that the guardian of the minor assumed that role.
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第八十二条未成年後見人が死亡し、又は民法第八百四十七条第二号から第五号までに掲げる者に該当することとなつたことによりその地位を失つたことによつて未成年後見人が欠けたときは、後任者は、就職の日から十日以内に、未成年後見人が地位を失つた旨の届出をしなければならない。
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Article 82(1)If a guardian of a minor dies or loses their status as a result of coming to fall under the category of a person specified in Article 847, items (ii) through (v) of the Civil Code and the position of guardian of the minor is vacant, their successor must submit a notification to the effect that the guardian has lost their status, within ten days from the day on which the successor assumed the role.
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2数人の未成年後見人の一部の者が死亡し、又は民法第八百四十七条第二号から第五号までに掲げる者に該当することとなつたことによりその地位を失つたときは、他の未成年後見人は、その事実を知つた日から十日以内に、未成年後見人が地位を失つた旨の届出をしなければならない。
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(2)If any of the guardians of a minor die or lose their status as a result of coming to fall under the category of a person specified in Article 847, items (ii) through (v) of the Civil Code, the other guardians of the minor must submit a notification to the effect that the persons in question have lost their status, within ten days from the day in which the other guardians came to know that fact.
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第九節 死亡及び失踪
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Section 9 Death and Disappearance
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Article 86(1)A notification of death must be submitted by the person who has the duty to submit the relevant notification within seven days from the day on which they came to know of the death (or if the death took place abroad, within three months from the day on which the person came to know of that fact).
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一死亡の年月日時分及び場所
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(i)the date and time and place of death; and
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二その他法務省令で定める事項
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(ii)other particulars specified by Ministry of Justice Order.
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(3)If a medical certificate or autopsy report is unavailable due to unavoidable circumstances, a document proving the fact of death may be substituted for them. In this case, the grounds for the lack of availability of a medical certificate or autopsy report must be entered in the written notification.
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(2)If the locality of death is unclear, a notification of death may be submitted in the locality where the body is first found; if the death takes place within a train or aboard any other mode of transportation, a notification of death may be submitted in the locality where the body is unloaded from the mode of transportation; and if the death takes place aboard a ship where no logbook is kept, a notification of death may be submitted in the locality at which the ship first enters port.
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Article 89If a person has died due to a flood, fire, or any other serious event, the government agency or public office that carried out any investigation must report the death to the mayor of a municipality in the locality of the death;provided, however, that if a death has taken place in a foreign country or any other territory specified by Ministry of Justice Order, the death must be reported to the mayor of a municipality in the locality of the deceased person's registered domicile.
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(2)The provisions of the preceding paragraph apply mutatis mutandis to the case in which there is no person who claims the body of a person who has died during their detention at a penal institution. In this case, the written report of death must be accompanied by a medical certificate or autopsy report.
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Article 92(1)If the registered domicile of a deceased person is not apparent or a deceased person cannot be identified, a police official must prepare a postmortem inspection report and submit the written report of death together with it to the mayor of a municipality in the locality of the relevant person's death without delay.
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(3)If any of the persons listed in Article 87, paragraph (1), item (i) or (ii) has identified a deceased person after the report referred to in paragraph (1) was made, the person in question must submit a notification of death within ten days from the day on which they identified the deceased person.
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第九十四条第六十三条第一項の規定は、失踪宣告又は失踪宣告取消の裁判が確定した場合においてその裁判を請求した者にこれを準用する。この場合には、失踪宣告の届書に民法第三十一条の規定によつて死亡したとみなされる日をも記載しなければならない。
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Article 94The provisions of Article 63, paragraph (1) apply mutatis mutandis to the person seeking a judicial decision consisting of a declaration of presumed death or rescinding a declaration of presumed death, if the judicial decision in question has become final and binding. In this case, the date on which a person is deemed to have died pursuant to the provisions of Article 31 of the Civil Code must also be entered in the written notification of the declaration of the person's presumed death.
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第十節 生存配偶者の復氏及び姻族関係の終了
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Section 10 Surviving Spouse Reverting to Previous Surname and End of Relationship by Affinity
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Article 95A person who seeks to revert to the surname used before marriage pursuant to the provisions of Article 751, paragraph (1) of the Civil Code must submit a notification to that effect.
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Article 96A person who seeks to manifest their intention to end the relationship between relatives by affinity pursuant to the provisions of Article 728, paragraph (2) of the Civil Code must state this and the name and registered domicile of the deceased spouse and the date of their death in a written notification and submit it.
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第十一節 推定相続人の廃除
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Section 11 Disinheritance of Presumptive Heirs
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第十二節 入籍
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Section 12 Entry of Names in a Family Register
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Article 98(1)A person who seeks to take the surname of their mother or father pursuant to the provisions of Article 791, paragraphs (1) through (3) of the Civil Code must state this and the name and registered domicile of the father or mother in a written notification and submit it.
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(2)If a person who seeks to take the surname of their mother or father pursuant to the provisions of Article 791, paragraph (2) of the Civil Code has a spouse, they must submit the notification jointly with their spouse.
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Article 99(1)A person who seeks to revert to their previous surname pursuant to the provisions of Article 791, paragraph (4) of the Civil Code must state this and the date of reversion to their surname under paragraphs (1) thorough (3) of the relevant Article in the written notification, and submit it.
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第十三節 分籍
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Section 13 Separation from a Family Register
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第十四節 国籍の得喪
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Section 14 Acquisition or Loss of Japanese Nationality
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第百二条国籍法(昭和二十五年法律第百四十七号)第三条第一項又は第十七条第一項若しくは第二項の規定によつて国籍を取得した場合の国籍取得の届出は、国籍を取得した者が、その取得の日から一箇月以内(その者がその日に国外に在るときは、三箇月以内)に、これをしなければならない。
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Article 102(1)If a person acquires Japanese nationality pursuant to the provisions of Article 3, paragraph (1) or Article 17, paragraph (1) or (2) of the Nationality Act (Act No. 147 of 1950), the person acquiring Japanese nationality must submit a notification of acquisition of Japanese nationality within one month from the date of that acquisition (or if the person was abroad on that date, within three months).
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一国籍取得の年月日
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(i)the date of acquisition of Japanese nationality;
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二国籍取得の際に有していた外国の国籍
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(ii)the foreign nationality that the person had at the time of their acquisition of Japanese nationality;
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三父母の氏名及び本籍、父又は母が外国人であるときは、その氏名及び国籍
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(iii)the names and registered domiciles of their parents, or if the mother or father is a foreign national, their name and nationality;
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四配偶者の氏名及び本籍、配偶者が外国人であるときは、その氏名及び国籍
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(iv)the name and registered domicile of any spouse, or if their spouse is a foreign national, their name and nationality; and
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五その他法務省令で定める事項
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(v)other particulars specified by Ministry of Justice Order.
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Article 103(1)A notification of the loss of Japanese nationality must be submitted by the party to the event under notification, or their spouse or relative within the fourth degree of kinship, within one month from the day on which they came to know of loss of Japanese nationality (or if the person who is required to submit the notification was abroad on the day on which they came to know of the fact, within three months from that day).
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一国籍喪失の原因及び年月日
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(i)the cause and date of the loss of Japanese nationality; and
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二新たに外国の国籍を取得したときは、その国籍
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(ii)if the person has newly acquired nationality in a foreign country, the nationality in question.
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第百四条国籍法第十二条に規定する国籍の留保の意思の表示は、出生の届出をすることができる者(第五十二条第三項の規定によつて届出をすべき者を除く。)が、出生の日から三箇月以内に、日本の国籍を留保する旨を届け出ることによつて、これをしなければならない。
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Article 104(1)In order to manifest the intention to reserve Japanese nationality as prescribed in Article 12 of the Nationality Act, a person entitled to submit a notification of birth (excluding a person who is required to submit a notification pursuant to the provisions of Article 52, paragraph (3)) must submit a notification of the intention to reserve Japanese nationality within three months from the date of birth.
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Article 104-2(1)In order to make a declaration of the selection of Japanese nationality under Article 14, paragraph (2) of the Nationality Act, the person who seeks to make the declaration must submit a notification to that effect.
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第百四条の三市町村長は、戸籍事務の処理に際し、国籍法第十四条第一項の規定により国籍の選択をすべき者が同項に定める期限内にその選択をしていないと思料するときは、その者の氏名、本籍その他法務省令で定める事項を管轄法務局長等に通知しなければならない。
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Article 104-3If, in the course of administering processes for family registers, the mayor of a municipality finds that a person who should select their nationality pursuant to the provisions of Article 14, paragraph (1) of the Nationality Act has not made that selection within the period set forth in the relevant paragraph, they must give notice of the name and registered domicile of the person and other particulars specified by Ministry of Justice Order to the director of the legal affairs bureau with jurisdiction.
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Article 105(1)If a government agency or public office comes to know of any person who has lost Japanese nationality in the course of its duties, it must submit a written report of the loss of Japanese nationality together with a document certifying the loss of Japanese nationality to the mayor of a municipality in the locality of the relevant person's registered domicile without delay.
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Article 106(1)If a Japanese national who has nationality in a foreign country has lost nationality in that foreign country, they must submit a notification to that effect within one month from the day on which they came to know of that loss (or if the person was abroad on the day on which they came to know the fact, within three months from that day).
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第十五節 氏名の変更
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Section 15 Change of Name
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Article 107(1)If a person entered at the head of a family register and their spouse seek to change their surname due to unavoidable grounds, after obtaining the permission of the family court concerning the change of name and surname kana characters, they must submit a notification of the name and the surname kana characters for which permission has been received.
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(2)If a person who has married a foreign national seeks to change their surname to the surname used by their spouse, they may submit a notification to that effect and the surname kana characters they seek to change without obtaining the permission of the family court, but only within six months from the date of their marriage.
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(3)If on or after the day of their divorce, annulment of their marriage, or the death of their spouse, a person who has changed their surname pursuant to the provisions of the preceding paragraph seeks to change their surname back to the surname they were using at the time that they first changed their surname, they may submit a notification to that effect without obtaining the permission of the family court, but only within three months from the day in question.
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Article 107-2A person who wishes to change their given name or given name kana characters on justifiable grounds must obtain permission from the family court concerning the change of given name and given name kana characters, and submit a notification of the given name and the given name kana characters for which permission has been received.
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第十五節の二 氏名の振り仮名の変更
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Section 15-2 Change of the Kana Characters Indicating the Pronunciation of the Name
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第十六節 転籍及び就籍
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Section 16 Transfer of Registered Domicile and Registration of Unregistered Persons
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Article 111The provisions of the preceding Article apply mutatis mutandis to the case in which a notification for the registration of an unregistered person is required to be made based on a final and binding judgment. In this case, the written notification must be accompanied by a transcript of the judgment or a document stating the details of the judgment for which the court clerk has certified the contents to be the same as the contents of the judicial decision.
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第五章 戸籍の訂正
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Chapter V Correction of a Family Register
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Article 114If an entry has been made in the family register concerning any act that becomes effective through notification (excluding acts relating to a notification made pursuant to the provisions of Article 60, Article 61, Article 66, Article 68, Articles 70 through 72, Article 74, and Article 76), but after that, the person who submitted the notification or a party to the event under notification finds that the act in question is void, they may apply for correction of the family register after obtaining the permission of the family court.
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Article 115If a judicial decision granting the permission referred to in the preceding two Articles has been rendered, the relevant person must file an application for correction of the family register together with a transcript of the judicial decision or a document stating the details of the judicial decision for which the court clerk has certified the contents to be the same as the contents of the judicial decision, within one month.
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Article 116(1)If correction of a family register is required to be made based on a final and binding judgment, the person who filed the action must file an application for correction of the family register together with a transcript of the judgment or a document stating the details of the judicial decision for which the court clerk has certified the contents to be the same as the contents of the judgment, within one month from the day on which the judgment has become final and binding.
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第六章 電子情報処理組織による戸籍事務の取扱いに関する特例等whitenuts
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Chapter VI Special Provisions on the Handling of Processes for Family Registers by Electronic Data Processing Systems
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Article 118(1)The mayors of the municipalities designated by the Minister of Justice are to handle the processes related to family registers by means of electronic data processing systems (meaning electronic data processing systems connecting the computers (including magnetic disks (including objects that can record certain matters securely by equivalent means; the same applies below) and input/output devices; the same applies below) used by the Minister of Justice with the computers used by the mayor of a municipality by telecommunications line; the same applies below), as provided for by Ministry of Justice Order;provided, however, that this does not apply to processes related to family registers or removed family registers specified by Ministry of Justice Order as that which is not appropriate to handle using electronic data processing systems.
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(2)In the case referred to in the preceding paragraph, family registers prepared by means of magnetic disks are accumulated and compiled into family register books, and family registers prepared by means of magnetic disks and removed from a family registry are accumulated and compiled into registries of removed family registers.
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Article 120(1)If a family register or a removed family register is prepared by means of a magnetic disk pursuant to the provisions of the Article 119, the request referred to in Article 10, paragraph (1) or Article 10-2, paragraphs (1) to (5) (including if these provisions are applied mutatis mutandis pursuant to Article 12-2) may be made to obtain a document certifying all or part of the particulars recorded in the family register prepared by means of a magnetic disk (referred to below as a "family register certificate") or a document certifying all or part of the particulars recorded in the removed family register prepared by means of a magnetic disk (referred to below as a "removed family register certificate") in lieu of obtaining the family register transcript, extract or certificate or obtaining a transcript, extract, or certificate of the removed family register.
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(2)For the purpose of the application of the provisions of Article 100, paragraph (2) and Article 108, paragraph (2) as well as the provisions of the Passport Act (Act No. 267 of 1951) and other laws and regulations, a family register certificate or removed family register certificate is deemed to be a transcript or extract of the family register or the removed family register.
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一第十条第一項(第十二条の二において準用する場合を含む。次項及び次条(第三項を除く。)において同じ。)の請求指定市町村長(第百十八条第一項の規定による指定を受けている市町村長をいう。以下同じ。)のうちいずれかの者
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(i)the request in Article 10, paragraph (1) (including as applied mutatis mutandis pursuant to Article 12-2; the same applies in the following paragraph and the following Article (excluding paragraph (3)):any of the mayors of a designated municipality (referring to a mayor of a municipality receiving the designation pursuant to the provisions of Article 118, paragraph (1); the same applies below));
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二第十条の二第二項(第十二条の二において準用する場合を含む。次条(第三項を除く。)において同じ。)の請求(市町村の機関がするものに限る。)当該市町村の長(指定市町村長に限る。)
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(ii)the request in Article 10-2, paragraph (2) (limited to those made by organs of the municipality) (including as applied mutatis mutandis pursuant to Article 12-2; the same applies in the following Article (excluding paragraph (3)):the relevant mayor (limited to a mayor of a designated municipality)).
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(2)Concerning the request in Article 10, paragraph 1 pursuant to the provisions of the preceding paragraph (limited to those made to a mayor of a designated municipality other than the municipal mayor of a place of the registered domicile), the provisions of paragraph (3) of that Article and Article 10-3, paragraph (2) do not apply, and in the provisions of Article 10-3, paragraph (1), the terms "the person taking charge of making the request" and "themselves " are deemed to be replaced with "the person who makes the request".
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第百二十条の三前条第一項の規定によりする第十条第一項の請求又は前条第一項の規定によりする第十条の二第二項の請求(法務省令で定める事務を遂行するために必要がある場合における当該請求に限る。以下この条(第三項を除く。)において同じ。)は、戸籍電子証明書(第百十九条の規定により磁気ディスクをもつて調製された戸籍に記録された事項の全部又は一部を証明した電磁的記録(電子的方式、磁気的方式その他人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものとして法務省令で定めるものをいう。以下同じ。)をいう。以下同じ。)又は除籍電子証明書(第百十九条の規定により磁気ディスクをもつて調製された除かれた戸籍に記録された事項の全部又は一部を証明した電磁的記録をいう。以下同じ。)についてもすることができる。
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Article 120-3(1)The request in Article 10, paragraph (1) made pursuant to the provisions of paragraph (1) of the preceding Article, or the request in Article 10-2, paragraph (2) made pursuant to the provisions of paragraph (1) of the preceding Article (limited to the relevant requests that are necessary to perform the processes specified by Ministry of Justice Order; the same applies in this Article (excluding paragraph (3))) may be made for a family register electronic certificate (meaning an electronic or magnetic record (meaning a record that is created in an electronic format, a magnetic format, or any other format that cannot be perceived by the human senses, and that is specified by Ministry of Justice Order as being used in computerized information processing; the same applies below) prepared by means of a magnetic disk certifying all or part of the particulars recorded in the family register pursuant to the provisions of Article 119) or also for an electronic certificate of a removed family register (meaning an electronic or magnetic record prepared by means of a magnetic disk certifying all or part of the particulars recorded in the removed family register pursuant to the provisions of Article 119; the same applies below).
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(2)When a request in Article 10, paragraph (1) or Article 10-2 paragraph (2) is made pursuant to the provisions of the preceding paragraph, the mayor of a designated municipality is to issue to the person who made the request the identification code for provision of the family register electronic certificate (meaning an attached code that makes it possible to identify the family register electronic certificate related to the relevant request, which is specified by Ministry of Justice Order; the same applies below) or the identification code for the provision of electronic certificate of a removed family register (meaning an attached code that makes it possible to identify the electronic certificate of a removed family register related to the relevant request, which is specified by Ministry of Justice Order; the same applies below).
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3指定市町村長は、行政機関等(情報通信技術を活用した行政の推進等に関する法律(平成十四年法律第百五十一号)第三条第二号に規定する行政機関等その他の法務省令で定める者をいう。)から、法務省令で定めるところにより、前項の規定により発行された戸籍電子証明書提供用識別符号又は除籍電子証明書提供用識別符号を示して戸籍電子証明書又は除籍電子証明書の提供を求められたときは、法務省令で定めるところにより、当該戸籍電子証明書提供用識別符号に対応する戸籍電子証明書又は当該除籍電子証明書提供用識別符号に対応する除籍電子証明書を提供するものとする。
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(3)When the mayor of a designated municipality receives a request pursuant to Ministry of Justice Order from an administrative organ or other relevant organ (meaning an administrative organ or other relevant organ and other persons specified by Ministry of Justice Order prescribed in Article 3, item (ii) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002)) for provision of a family register electronic certificate or an electronic certificate of a removed family register electronic certificate that indicates the identification code for the provision of the family register electronic certificate or the identification code for the provision of the electronic certificate of a removed family register issued pursuant to the preceding paragraph, the mayor of a designated municipality is to provide, pursuant to Ministry of Justice Order, a family register electronic certificate corresponding to the identification code for the provision of the family register electronic certificate or the electronic certificate of a removed family register corresponding to the identification code for the provision of the electronic certificate of a removed family register.
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(4)Concerning the requests in Article 10, paragraph (1) and Article 10-2, paragraph (2) made pursuant to the provisions of paragraph (1), in these provisions, the term "issuance" is deemed to be replaced with "provision by an administrative organ or other relevant organ pursuant to paragraph (3) of Article 120-3, as prescribed in the paragraph", and concerning the request in Article 10, paragraph (1) (limited to a request to the mayor of a designated municipality other than the mayor of a municipality of the place of the registered domicile) made pursuant to the provisions of paragraph (1), the provisions in paragraph (3) of that Article and Article 10-3, paragraph (2) do not apply, and in the provisions of Article 10-3, paragraph (1), the terms "the person taking charge of making the request" and "themselves" are deemed to be replaced with "the person who makes the request".
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Article 120-4(1)When the mayor of a designated municipality receives the written application and other documents that are specified by Ministry of Justice Order as being necessary to make an entry in a family register (referred to below as "written application and other documents" in this paragraph), pursuant to Ministry of Justice Order, the mayor is to create image files of the relevant written applications and other documents (referred to below as "information regarding written application and other documents") and submit them to the Minister of Justice, utilizing an electronic data processing system.
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Article 120-5(1)If entries should be made in a family register in two or more ward offices or town halls, if a mayor of a municipality that received the notification or application is a mayor of a designated municipality, and, if a mayor of a designated municipality (referred to below in the paragraph as "mayor of a designated municipality that makes entries in a family register") is one of the mayors of a municipality who should make the entry in a family register based on the relevant notification or application (excluding the mayor of a municipality who received the relevant notification or application), the Minister of Justice is to inform the mayor of a designated municipality that makes entries in a family register to the effect that the Minister has received the information regarding the written application and other documents as stated in paragraph (1) of the preceding Article.
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(2)In the case referred to in the preceding paragraph, notwithstanding the provisions of Article 36, paragraphs (1) and (2) (including cases where these provisions are applied mutatis mutandis in Article 117), the number of notifications or applications that should be provided is the number arrived at when the number of mayors of a designated municipality among mayors of a municipality that should make entries in a family register is first subtracted from the mayors of a municipality that should make entries in a family register, and then one is added.
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(3)If there is a notification or an application outside of the place of the registered domicile (excluding the case where entries should be made in a family register in two or more ward offices or town halls), if both the mayor of a municipality that received the notification or application and the mayor of a municipality who should make the entry in a family register based on the relevant notification or application are mayors of a designated municipality, the Minister of Justice is to inform the mayors of a designated municipality that makes entries in a family register to the effect that the Minister has received the written application and other documents stated in paragraph (1) of the preceding Article.
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Article 120-6(1)Limited to cases for which there is a special reason, an interested person may make a request to the mayor of a designated municipality who received the notification or application or to the mayor of a designated municipality who made an entry in a family register based on the relevant notification or application to inspect the information regarding a written application and other documents related to the relevant notification and application by the means specified by Order of the Ministry of Justice, or for a certificate concerning the contents of the information regarding a written application and other documents.
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Article 120-7If the family register of an individual in the event under notification is prepared by means of a magnetic disk pursuant to the provisions of Article 119, if both the mayor of a municipality where the notification of separation is made and the mayor of a municipality where the relevant person's new family register is created are mayors of a designated municipality, the provisions of Article 100, paragraph (2) do not apply.
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Article 120-8If the family register of an individual in the event under notification is prepared by means of a magnetic disk pursuant to the provisions of Article 119, if both the mayor of a municipality where the notification of transfer of a registered domicile is made and the mayor of a municipality to which the relevant person's registered domicile is transferred are mayors of a designated municipality, the provisions of Article 108, paragraph (2) do not apply.
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Article 121The Minister of Justice and the mayor of a designated municipality must take measures to ensure the security and reliability of electronic data processing systems and other necessary measures in order to prevent leaks and perform other appropriate management with regard to confidentiality concerning processes regarding the construction, maintenance, management, and operation of electronic data processing systems.
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Article 121-2Persons engaged or formerly engaged in processes concerning particulars related to the construction, maintenance, management, and operation of electronic data processing systems must not leak or misappropriate secrets concerning processes that they have come to know in relation to their duties.
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第百二十一条の三法務大臣は、行政手続における特定の個人を識別するための番号の利用等に関する法律(平成二十五年法律第二十七号)第十九条第八号又は第九号の規定による提供の用に供する戸籍関係情報(同法第九条第三項に規定する戸籍関係情報をいう。)を作成するため、第百十九条の規定により磁気ディスクをもつて調製された戸籍又は除かれた戸籍の副本に記録されている情報を利用することができる。
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Article 121-3The Minister of Justice may use information recorded in duplicates of family registers or removed family registers in the form of a magnetic disk pursuant to the provisions of Article 119 of this Act in order to prepare relationship data from family registers (meaning relationship data from family registers as prescribed in Article 9, paragraph (3) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)) that is to be used for providing the relevant information pursuant to the provisions of Article 19, item (viii) or (ix) of that Act.
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第七章 不服申立て
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Chapter VII Appeals
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Article 124A person who is dissatisfied with a disposition or inaction by the mayor of a municipality with regard to the request referred to in Article 10, paragraph (1) or Article 10-2, paragraphs (1) through (5) (including as applied mutatis mutandis pursuant to Article 12-2), Article 48, paragraph (2), and Article 120, paragraph (1) may make a request for examination to the director with jurisdiction.
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第八章 雑則
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Chapter VIII Miscellaneous Provisions
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Article 126The mayor of a municipality or the head of a legal affairs bureau or district legal affairs bureau may provide information on the particulars entered in a family register or removed family register or information on the particulars entered in a written notification or any other document received by the mayor of a municipality, according to the standards and procedures specified by Ministry of Justice Order, for the production of statistics or the academic research that is found to be conducive to the public interest, if the information in question needs to be used in order to produce the statistics or achieve the academic research, to the extent of that necessity.
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Article 127The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to a disposition made by the mayor of a municipality with regard to an event involving a family register.
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Article 128The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) do not apply to a duplicate of a family register, or a removed family register and information in a written application and other documents prescribed in Article 48, paragraph (2).
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第百二十九条戸籍及び除かれた戸籍の正本及び副本、第四十八条第二項に規定する書類並びに届書等情報に記録されている保有個人情報(個人情報の保護に関する法律(平成十五年法律第五十七号)第六十条第一項に規定する保有個人情報をいう。)については、同法第五章第四節の規定は、適用しない。
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Article 129The provisions of Chapter V, Section 4 of the Act on the Protection of Personal Information (Act No. 57 of 2003) do not apply to the personal information the administrative entity holds (meaning the personal information the administrative entity holds as prescribed in Article 60, paragraph (1) of that Act) that is recorded in an original and a duplicate of a family register or a removed family register, and in a document and a written application prescribed in Article 48, paragraph (2).
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第百三十条情報通信技術を活用した行政の推進等に関する法律第六条第一項の規定により同項に規定する電子情報処理組織を使用してする届出の届出地及び同項の規定により同項に規定する電子情報処理組織を使用してする申請の申請地については、第四章及び第五章の規定にかかわらず、法務省令で定めるところによる。
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Article 130(1)Notwithstanding the provisions of Chapters IV and V, the place of notification is governed by the provisions of Ministry of Justice Order if the notification is submitted using electronic data processing systems prescribed in Article 6, paragraph (1) of the Act on the Promotion of Administrative Affairs through the Use of Information and Communications Technology (Act No. 151 of 2002) pursuant to the provisions of the relevant paragraph; and the place of application is also governed by the provisions of Ministry of Justice Order if the application is filed using the electronic data processing systems prescribed in the relevant paragraph pursuant to the provisions of the relevant paragraph.
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(2)The provisions of Article 47 apply mutatis mutandis to the notifications and applications submitted using the electronic data processing system prescribed in Article 6, paragraph (1) of the Act on Promotion of Administration Using Information and Telecommunications Technology pursuant to the provisions of the relevant paragraph.
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第九章 罰則
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Chapter IX Penal Provisions
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Article 133An official or former official of a municipality engaged in processes for family registers or a person engaged or formerly engaged in performing processes for family registers under entrustment (including further entrustment at the second or higher degree of separation from the original entrustment) from a mayor of a municipality has provided or misappropriated information that they have come to know in relation to their processes, in order to receive unjust gains by themselves or a third party, is subject to imprisonment with work for not more than one year or a fine of not more than 500,000 yen.
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Article 134A person who has submitted a false notification with regard to particulars which are not required to be entered or recorded in a family register, is subject to imprisonment with work for not more than one year or a fine of not more than 200,000 yen. The same applies to a person who has submitted a false notification with regard to particulars that involve a foreign national.
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Article 135A person who has been issued a family register transcript, extract or certificate prescribed in Article 10, paragraph (1) or Article 10-2, paragraph (1) through (5), a transcript, extract, or certificate of a removed family register prescribed in Article 12-2, or a family register certificate or a removed family register certificate prescribed in Article 120, paragraph (1), the identification code for provision of the family register electronic certificate or the identification code for the provision of the electronic certificate of a removed family register prescribed in Article 120-3, paragraph (2), or the family register electronic certificate or the electronic certificate of a removed family register prescribed in paragraph (3) of that Article, by deception or other wrongful means, is subject to a fine of not more than 300,000 yen.
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Article 138If the mayor of a municipality has specified a period and given notice regarding a notification or application pursuant to the provisions of Article 44, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to Article 117), the person who has not submitted the notification or application within that period without just cause, is subject to a civil fine of not more than 100,000 yen.
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一正当な理由がなくて届出又は申請を受理しないとき。
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(i)if they do not accept a notification or application without just cause;
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二戸籍の記載又は記録をすることを怠つたとき。
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(ii)if they have failed to make an entry or record in a family register;
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三正当な理由がなくて、届書その他受理した書類の閲覧を拒んだとき、又は第百二十条の六第一項の規定による請求を拒んだとき。
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(iii)if they have refused to make a written notification or any other document they received for inspection without just cause;
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四正当な理由がなくて、戸籍謄本等、除籍謄本等、第四十八条第一項若しくは第二項(これらの規定を第百十七条において準用する場合を含む。)の証明書、戸籍証明書若しくは除籍証明書を交付しないとき、戸籍電子証明書提供用識別符号若しくは除籍電子証明書提供用識別符号の発行をしないとき、又は戸籍電子証明書若しくは除籍電子証明書を提供しないとき。
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(iv)if the mayor of a municipality does not issue a family register transcript, extract or certificate, a transcript, extract, or certificate of a removed family register, a certificate referred to in Article 48, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to Article 117), or the identification code for provision of the family register electronic certificate or the identification code for the provision of the electronic certificate of a removed family register, or the family register electronic certificate or the electronic certificate of a removed family register without just cause; and
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五その他戸籍事件について職務を怠つたとき。
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(v)if they have otherwise neglected their duties with regard to an event involving a family register.
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(戸籍法の一部改正に伴う経過措置)
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(Transitional Measures upon Partial Revision of the Family Register Act)
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第六条附則第一条第三号に掲げる規定の施行の際現に戸籍の筆頭に記載されている者(以下「筆頭者」という。)(既にこの項又は次項の規定による届出をした者を除く。)は、第三号施行日から起算して一年以内に限り、当該筆頭者の戸籍に記載されている氏に係る氏の振り仮名の届出をすることができる。
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Article 6(1)The person entered at the head of the family register (referred to below as the "head person") at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions (excluding a person who has already made a notification under the provisions of this paragraph or the following paragraph) may make a notification regarding the surname kana characters of the surname listed in the head person's family register, limited to a period within one year from the effective date of item (iii).
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2前項の届出をすることができる筆頭者であって、附則第一条第三号に掲げる規定の施行の際現に同項の氏について第七条の規定による改正後の戸籍法(以下「新戸籍法」という。)第十三条第二項の規定による同条第一項第二号の読み方(以下「一般の読み方」という。)以外の氏の読み方を使用しているものは、第三号施行日から起算して一年以内に限り、前項の届出に代えて現に使用している氏の読み方を示す文字を戸籍の記載事項とする旨の届出をすることができる。この場合において、当該届出に係る戸籍に記載されている者に係る新戸籍法第十三条第一項第二号、第二十九条第四号、第百七条第一項及び第百七条の三の規定その他の法令の規定の適用については、当該届出に係る文字を氏の振り仮名とみなす。
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(2)If a head person who is allowed to make the notification stated in the preceding paragraph uses a pronunciation other than the pronunciation referred to in Article 13, paragraph (1), item (ii) (referred to below as the "general pronunciation") under the provisions of Article 13, paragraph (2) of the Family Register Act as amended by the provisions of Article 7 (referred to below as the "New Family Register Act") at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions, the head person may make a notification to the effect that the characters displaying the pronunciation being used are to be particulars entered into the family register in lieu of the notification in the preceding paragraph, limited to within one year from the effective date of item (iii). In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107, paragraph (1) and Article 107-3, and other laws and regulations, to the person entered in the family register related to the notification, the characters used in the relevant notification are deemed to be the surname kana characters.
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(3)If the head person who is allowed to make the notification stated in the preceding paragraph is removed from the relevant family register, limited to within one year from the effective date of item (iii), in accordance with the order, the persons listed below may make the notifications referred to in the preceding two paragraphs;provided, however, that this does not apply if the notifications referred to in the preceding two paragraphs have already been made:
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一配偶者(その戸籍から除かれた者を除く。)
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(i)spouse (This excludes persons who have already been removed from the family register);
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二子(その戸籍から除かれた者を除く。)
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(ii)child (This excludes persons who have already been removed from the family register).
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Article 7(1)A person who is entered in the family register at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions (excluding the head person), and who is entered as the head person (excluding the person who has already made a notification under the provisions of this paragraph or the following paragraph) in a family register created after the time of enforcement of the provisions of item (iii) (referred to below as "new family register" in this Article and in Article 11 of the Supplementary Provisions) may make a notification regarding the surname kana characters related to the surname entered into the relevant new family register, limited to within one year from the effective date of item (iii).
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(2)Limited to within one year from the effective date of item (iii), the person prescribed in the preceding paragraph: who uses a pronunciation other than the general pronunciation for the surname referred to in the preceding paragraph at the time of enforcement of the provisions set forth in Article 1, paragraph (3) of the Supplementary Provisions, may make a notification to the effect that the characters displaying the pronunciation of the surname that are being used are to be particulars entered into the family register for the person in lieu of the notification in the preceding paragraph.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107, paragraph (1) and Article 107-3 of the New Family Register Act, and other laws and regulations, to the person entered in the new family register related to the relevant notification, the characters related to the relevant notification are deemed to be the surname kana characters.
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(3)If the person prescribed in paragraph (1) is removed from the new family register related to the person, limited to within one year from the effective date of item (iii), in accordance with the order, the persons listed below may make the notifications referred to in the preceding two paragraphs;provided, however, that this does not apply if the notifications referred to in the preceding two paragraphs have already been made:
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一配偶者(その戸籍から除かれた者を除く。)
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(i)spouse (This excludes persons who have already been removed from the family register);
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二子(その戸籍から除かれた者を除く。)
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(ii)child (This excludes persons who have already been removed from the family register).
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Article 8(1)The person entered at the head of the family register at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions (excluding a person who has already made a notification under the provisions of this paragraph or the following paragraph) may make a notification regarding the surname kana characters of the surname listed in the person's family register, limited to a period within one year from the effective date of item (iii).
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(2)Limited to within one year from the effective date of item (iii), the person prescribed in the preceding paragraph: who uses a pronunciation other than the general pronunciation for the given name referred to in the preceding paragraph at the time of enforcement of the provisions set forth in Article 1, paragraph (3) of the Supplementary Provisions, may make a notification to the effect that the characters displaying the pronunciation of the given name that are being used are to be particulars entered into the family register for the person in lieu of the notification in the preceding paragraph.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107, paragraph (1) and Article 107-3 of the New Family Register Act, and other laws and regulations, to the person making the notification, the characters related to the relevant notification are deemed to be the given name kana characters.
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第九条本籍地の市町村長(特別区の区長を含むものとし、地方自治法(昭和二十二年法律第六十七号)第二百五十二条の十九第一項の指定都市(以下この項において「指定都市」という。)にあっては、区長又は総合区長とする。以下この条及び附則第十三条において同じ。)は、第三号施行日から起算して一年を経過した日に、市役所(特別区の区役所を含むものとし、指定都市にあっては、区又は総合区の区役所とする。)又は町村役場の所在地を管轄する法務局又は地方法務局の長(次項において「管轄法務局長等」という。)の許可を得て、附則第一条第三号に掲げる規定の施行の際現に戸籍に記載されている者に係る氏の振り仮名を戸籍に記載するものとする。ただし、同日の前日までに附則第六条第一項若しくは第二項の届出又は附則第七条第一項若しくは第二項の届出があったときは、この限りでない。
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Article 9(1)On the day after the final day in the one year period commencing on the effective date referred to in item (iii), the mayor of a municipality for the place of the registered domicile (including a special ward mayor; with respect to a designated city set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947) (referred to below as "designated cities" in this paragraph), a ward mayor or administratively consolidated ward mayor; the same applies below in this Article and in Article 13 of the Supplementary Provisions) is to obtain the permission of the director of a legal affairs bureau or district legal affairs bureau with jurisdiction over the location of a city office (including a ward office of a special ward, with respect to a designated city, a ward office of a ward or administratively consolidated ward) or town or village office (referred to below as the "director with jurisdiction" in the following paragraph) and enter into the family register the surname kana characters related to the person entered into the family register at the time of enforcement of the provisions listed set forth in Article 1, item (iii) of the Supplementary Provisions;provided, however, that this does not apply if the notification referred to in Article 6, paragraph (1) or (2) of the Supplementary Provisions, or the notification referred to in Article 7, paragraph (1) or (2) of the Supplementary Provisions has been made on the day before the day which is one year from the effective date.
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(2)On the day after the final day in the one year period commencing on the effective date referred to in item (iii), the mayor of a municipality for the place of the registered domicile is to obtain the permission of the director with jurisdiction and enter into the family register the given name kana characters related to the person entered into the family register at the time of enforcement of the provisions listed set forth in Article 1, item (iii) of the Supplementary Provisions (excluding the person who made the notification referred to in paragraph (1) or (2) of the preceding Article on the day before the day which is one year from the effective date).
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(3)In the case referred to in the preceding two paragraphs, when the mayor of a municipality for the place of the registered domicile finds that the person entered into the family register at the time of enforcement of the provisions listed set forth in Article 1, item (iii) of the Supplementary Provisions is using a surname pronunciation or given name pronunciation other than the general pronunciation, notwithstanding the provisions of the preceding two paragraphs, the mayor may enter the characters displaying the pronunciation of the surname and the pronunciation of the given name that are being used in the family register of the person in lieu of the surname kana characters and the given name kana characters.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107, paragraph (1) and Article 107-2, and other laws and regulations related to the person for whom the characters are entered in the family register pursuant to the provisions of this paragraph, the characters related to the entry are deemed to be the surname kana characters and the given name kana characters.
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(4)Without delay after the enforcement date stated in item (iii), the mayor of a municipality for the place of the registered domicile must notify a person who is entered in the family register at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions, of the surname kana characters, or given name kana characters, or of the characters displaying the pronunciation of the surname or the given name other than the general pronunciation, that the mayor intends to enter into the person's family register pursuant to the provisions of the preceding three paragraphs;provided, however, that this does not apply if it is difficult to notify the person in advance.
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Article 10(1)Pursuant to the provisions of paragraph (1) of the preceding Article, if the surname kana characters are entered into the family registry, the head person of the family registry (excluding a person who has already made the notification under the provisions of this paragraph or the following paragraph; the same applies in this paragraph) may make a notification to change the surname kana characters.
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(2)In the case that the surname kana characters have been entered pursuant to the provisions of paragraph (1) of the preceding Article, at the time of enforcement of the provisions set forth in Article 1, item (iii) of the Supplementary Provisions, if the head person of the family register has been using a pronunciation other than the general pronunciation for the surname, the head person may make a notification to the effect that the surname kana characters will be changed to the characters displaying the pronunciation of the surname that are being used.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107, paragraph (1) and Article 107-3, and other laws and regulations, to the person entered in the family register related to the notification, the characters used in the relevant notification are deemed to be the surname kana characters.
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(3)Pursuant to the provisions of paragraph (3) of the preceding Article, if characters displaying a pronunciation of the surname other than the general pronunciation are entered into the family register, the head person of the family registry (excluding a person who has already made the notification under the provisions of this paragraph or the following paragraph; the same applies in this paragraph) may make a notification to the effect that the particulars entered in the family register regarding the surname kana characters be changed to the general pronunciation.
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(4)Pursuant to the provisions of paragraph (3) of the preceding Article, in the case that characters displaying a pronunciation of the surname other than the general pronunciation are entered into the family register at the time of enforcement of the provisions set forth in Article 1, item (iii) of the Supplementary Provisions, if the head person of the registry is using a pronunciation of the surname that differs from the pronunciation entered into the family registry and that is a pronunciation other than the general pronunciation, the head person of the registry may make a notification to the effect that the particulars entered in the family register be changed to the surname pronunciation being used.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107 paragraph (1) and Article 107-3, and other laws and regulations, to the person entered in the family register related to the notification, the characters used in the relevant notification are deemed to be the surname kana characters.
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(7)The provisions of Article 6, paragraph 3 of the Supplementary Provisions apply mutatis mutandis to the cases in which the head person in the paragraphs (1) through (4) is removed from the family register. In these cases, the term "limited to within one year from the effective date of item (iii), in" in paragraph (3) of that Article is deemed to be replaced with "in".
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Article 11Pursuant to the provisions of paragraph (1) or (3) of the Supplementary Provisions, the provisions of the preceding Article apply mutatis mutandis to the person entered into the family register for whom characters displaying a pronunciation of the surname other than the general pronunciation are entered into the family register and who is entered as the head person in the new family register;provided, however, that this does not apply if the notifications referred to in paragraphs (1) though (4) of the preceding Article or the notifications referred to in paragraphs (1) through (4) of the preceding Article as applied mutatis mutandis pursuant to this Article have been made concerning the surname entered in the new family register before the day that family register was created.
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Article 12(1)Pursuant to the provisions of Article 9, paragraph (2) of the Supplementary Provisions, the person for whom the given name kana characters have been entered into a family register (excluding a person who has already made the notification under the provisions of this paragraph or the following paragraph; the same applies in that paragraph) may make a notification to change the given name kana characters.
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(2)Pursuant to the provisions of Article 9, paragraph (2) of the Supplementary Provisions, a person for whom the given name kana characters have been entered into a family register who uses a pronunciation other than the general pronunciation for the given name at the time of enforcement of the provisions set forth in Article 1, item (iii) of the Supplementary Provisions, may make a notification to the effect that the particulars entered in the family register be changed to the given name pronunciation being used.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107-2 and Article 107-4, and other laws and regulations, to the person that changed the particulars entered in the family register related to the notification, the characters used in the relevant notification are deemed to be the given name kana characters.
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(3)Pursuant to the provisions of Article 9, paragraph (3) of the Supplementary Provisions, a person for whom characters displaying a pronunciation of the given name other than the general pronunciation (excluding a person who has already made the notification under the provisions of this paragraph or the following paragraph; the same applies in that paragraph) have been entered into a family register, may make a notification to the effect that the particulars entered in the family register regarding the given name kana characters be changed to the general pronunciation.
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(4)A person for whom characters displaying a pronunciation of the given name other than the general pronunciation are entered in the family register pursuant to the provisions of Article 9, paragraph (3) of the Supplementary Provisions and who is using a pronunciation of the given name that differs from the pronunciation entered into the family registry that is a pronunciation other than the general pronunciation at the time of enforcement of the provisions set forth in Article 1, item (iii) of the Supplementary Provisions, may make a notification to the effect that the particulars entered in the family register be changed to the given name pronunciation being used.In this case, in applying the provisions of Article 13, paragraph (1), item (ii), Article 29, item (iv), Article 107-2 and Article 107-4, and other laws and regulations. to the person entered in the family register related to the notification, the characters used in the relevant notification are deemed to be the given name kana characters.
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Article 13To the extent necessary for the enforcement of Articles 6 through the preceding Article of the Supplementary Provisions, the mayor of a municipality for the place of the registered domicile may request the head of a relevant local government or any other person for the provision of information related to kana characters indicating the pronunciation of the name of the person entered into the family register and the characters displaying the pronunciation of the surname and the given name, that are being used by the person at the time of enforcement of the provisions stated in Article 1, item (iii) of the Supplementary Provisions.
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Article 14The range of the characters and marks that may be used as the kana characters displaying the pronunciation of the surname or the given name other than the general pronunciation is to be the range of the kana characters and marks specified by Ministry of Justice Order in the provisions of Article 13, paragraph (3) of the New Family Register Act.
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