Act No. 123 of December 4, 2002 Act on National Consumer Affairs Center of Japan Table of Contents Chapter I General Provisions (Articles 1 through 5) Chapter II Officers and Employees (Articles 6 through 9) Chapter III Operations Section 1 Scope of Operations (Article 10) Section 2 Important Consumer Dispute Resolution Procedures Subsection 1 Dispute Resolution Committee (Articles 11 through 18) Subsection 2 Intermediation of Settlement Division 1 Procedures (Articles 19 through 26) Division 2 Special Rules on the Use of the Procedures for Intermediating Settlement (Articles 27 and 28) Subsection 3 Arbitration (Articles 29 through 33) Subsection 4 Miscellaneous Provisions (Articles 34 through 39) Section 3 Other Operations of the Center Regarding Consumer Disputes (Articles 40 through 42) Chapter IV Finance and Accounting (Articles 43 and 43-2) Chapter V Miscellaneous Provisions (Articles 44 through 46) Chapter VI Penal Provisions (Articles 47 through 49) Supplementary Provisions Chapter I General Provisions
(Purpose) Article 1 The purpose of this Act is to provide for matters concerning the name, purpose, scope of business, etc. of the National Consumer Affairs Center of Japan.
(Definitions) Article 1-2 (1) The term "consumer dispute" as used in this Act means a civil dispute concerning consumer affairs that occurs between a consumer (an individual (excluding an individual whose act done as business or for business caused the dispute); the same applies below) or a qualified consumer organization (meaning the qualified consumer organization prescribed in Article 2, paragraph (4) of the Consumer Contract Act (Act No. 61 of 2000); the same applies in Article 10, item (vi)) which demands for an injunction as prescribed in Article 12-2, paragraph (1) of that Act, and a business operator (a corporation or any other type of organization, or an individual whose act done as business or for business caused the dispute). (2) The term "important consumer dispute" as used in this Act means a consumer dispute whose resolution is regarded important for the stabilization and improvement of the lives of the people nationwide. in light of the status of the damage that occurs or is likely to occur to consumers or the nature of the case as specified by Cabinet Office Order.
(Name) Article 2 The name of the incorporated administrative agency prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999; referred to below as the "Act on General Rules") that is to be established pursuant to the provisions of this Act and the Act on General Rules is the National Consumer Affairs Center of Japan.
(Purpose of the Center) Article 3 In order to contribute to the stabilization and improvement of the lives of the people, the National Consumer Affairs Center of Japan (referred to below as the "Center") provides information and conducts study and research on the lives of the people from a comprehensive point of view, supports activities for preventing consumer disputes, and properly yet promptly implements procedures to legally resolve important consumer disputes, and facilitates the use of those procedures.
(Agency Managed under the Medium-Term Objectives) Article 3-2 The Center is the agency managed under the medium-term objectives prescribed in Article 2, paragraph (2) of the Act on General Rules.
(Office) Article 4 The Center is to have its principal office located in Kanagawa Prefecture.
(Stated Capital) Article 5 (1) The stated capital of the Center is the amount contributed by the government pursuant to the provisions of Article 2, paragraph (6) of the Supplementary Provisions. (2) If the government finds it necessary, the government may make additional capital contributions to the Center, within the scope of the amount specified in the budget. (3) If a capital contribution by the government under the preceding paragraph is made, the Center increases the stated capital by the amount of that contribution.
Chapter II Officers and Employees
(Officers) Article 6 (1) The Center is to have one president as its head and two auditors as its officers. (2) The Center may have up to three directors as its officers.
(Duties and Authority of Directors) Article 7 (1) The directors may assist the president and be in charge of operations of the Center as determined by the president. (2) The officer provided for by the relevant individual Act referred to in Article 19, paragraph (2) of the Act on General Rules is to be the director provided, however, that when there is no director, the officer is to be the auditor. (3) In the case referred to in the proviso to the preceding paragraph, an auditor who represents or performs the duties of the president pursuant to the provisions of Article 19, paragraph (2) of the Act on General Rules must not fulfill the duties as an auditor at the same time.
(Term of Office of Directors) Article 8 The term of office of a director is two years.
(Service of the Officers and Employees) Article 9 (1) Officers and employees of the Center must not divulge or misappropriate any secrets which they have come to know in the course of their duties. The same applies even after they have retired. (2) In applying the Penal Code (Act No. 45 of 1907) and other penal provisions, officers and employees of the Center are deemed to be employees who are engaged in public services pursuant to laws and regulations.
Chapter III Operations
Section 1 Scope of Operations
Article 10 In order to achieve the purpose stated in Article 3, the Center conducts the following operations: (i) providing the people with information regarding the improvement of their lives; (ii) providing necessary information in response to complaints, inquiries, etc. from the people regarding their lives; (iii) providing information regarding the lives of the people in response to requests from administrative authorities, groups, etc. that conduct operations similar to those stated in the preceding two items; (iv) conducting comprehensive research and study on actual circumstances and trends of the lives of the people; (v) gathering information on the lives of the people; (vi) providing necessary assistance for the smooth implementation of services related to demand for an injunction (meaning the services related to demand for an injunction prescribed in Article 13, paragraph (1) of the Consumer Contract Act) conducted by qualified consumer organizations; (vii) working to resolve important consumer disputes; (viii) providing security for an order for provisional seizure relating to the petition referred to in Article 61, paragraph (1) of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Damage Incurred by Consumers (Act No. 96 of 2013) filed by a specified qualified consumer organization (meaning the specified qualified consumer organization prescribed in Article 2, item (x) of that Act); and (ix) performing the operations incidental to the operations referred to in the preceding items.
Section 2 Important Consumer Dispute Resolution Procedures Subsection 1 Dispute Resolution Committee
(Establishment and Authority) Article 11 (1) A dispute resolution committee (referred to below as the "committee") is to be established at the Center. (2) The committee is to carry out procedures for intermediation of settlement and arbitration procedures for the resolution of important consumer disputes (collectively referred to below as "important consumer dispute resolution procedures") and deals with the matters within its authority pursuant to the provisions of this Act. (3) The committee is to independently exercise its authority.
(Organization) Article 12 (1) The committee is to consist of no more than 15 members. (2) The members are to serve on a part-time basis.
(Appointment of the Committee Members) Article 13 (1) Committee members are appointed by the president from among persons with expert knowledge and experience in the law or transactions of products or services, with the authorization of the Prime Minister. (2) No person who falls under any of the following items is eligible to become a member of the committee: (i) a person who has received an order commencing bankruptcy proceedings and has not obtained restoration of rights; or (ii) a person who has been sentenced to imprisonment or heavier punishment, and for whom five years have not elapsed since the day on which that person finished serving the sentence or ceased to be subject to its enforcement. (3) If a committee member falls under any of the items of the preceding paragraph, the member will automatically forfeit their position as committee member. (4) The provisions of Article 23, paragraph (2) of the Act on General Rules apply mutatis mutandis to committee members.
(Term of Office of Committee Members) Article 14 (1) The term of office of each committee member is two years provided, however, that the term of office of a substitute member is to be the remaining term of their predecessor. (2) Committee members may be reappointed. (3) A committee member whose term of office expires is to continue to perform duties until the relevant committee member's successor is appointed.
(Public Service by Committee Members) Article 15 (1) Committee members must not divulge or misappropriate any secrets which they have come to know in the course of their duties. The same applies after they have left their position. (2) In applying the Penal Code and other penal provisions, the committee members are deemed to be employees who are engaged in public services pursuant to laws and regulations.
(Special Committee Members) Article 16 (1) A committee may have special committee members who participate in the important consumer dispute resolution procedures. (2) The term of office of each special committee member is two years. (3) The provisions of Article 12, paragraph (2), Article 13, paragraphs (1) through (3), Article 14, paragraph (2), and the preceding Article of this Act, and Article 23, paragraph (2) of the Act on General Rules apply mutatis mutandis to special committee members.
(Chairperson of the Committee) Article 17 (1) The committee is to have a chairperson, who is elected from among the committee members. (2) The chairperson is to preside over the operations of the committee and represent the committee. (3) In the event that the chairperson is unable to attend to their duties, a committee member who has been nominated by the chairperson in advance is to perform the duties on behalf of the chairperson.
(Meetings and Resolutions) Article 18 (1) Each committee meeting is to be convened by the chairperson of the committee. (2) The committee may not convene a meeting or make any resolution without the presence of the chairperson or a committee member who engages in the duties of the chairperson pursuant to the provisions of paragraph (3) of the preceding Article (referred to as the "acting chairperson" in Article 21, paragraph (2)) and more than half of all incumbent committee members. (3) Any agenda brought before the committee is decided by a majority vote of members present, and in case of a tie, by the chairperson.
Subsection 2 Intermediation of Settlement Division 1 Procedures
(Commencement of Procedures) Article 19 (1) Either or both of the parties to an important consumer dispute may file an application for the intermediation of settlement with the committee. (2) The application referred to in the preceding paragraph must be filed in writing. (3) If the intermediation commissioners prescribed in paragraph (1) of the following Article find that the dispute relating to the application referred to in paragraph (1) does not constitute an important consumer dispute, the mediation commissioners must dismiss the application. (4) A person that is dissatisfied with the decision to dismiss the application referred to in paragraph (1) pursuant to the provisions of the preceding paragraph may file an objection with the committee. (5) If an application for the intermediation of settlement is made by either one of the parties to an important consumer dispute, the committee must promptly notify the other party to that effect, attaching a copy of the document referred to in paragraph (2), and must confirm whether the party has the intention to resolve the important consumer dispute by settlement through intermediation conducted by the committee.
(Intermediation Commissioners) Article 20 (1) The procedures for the intermediation of settlement conducted by the committee (including the procedure prescribed in paragraph (3) of the preceding Article; referred to below as the "procedures for intermediating settlement") are carried out by one or more intermediation commissioners (meaning persons who carry out the procedures for intermediating settlement; the same applies below). (2) Intermediation commissioners are nominated by the chairperson of the committee from among committee members or special committee members for each case. (3) When nominating intermediation commissioners pursuant to the provisions of the preceding paragraph, the chairperson of the committee must make efforts to ensure the appropriate staffing while comprehensively considering the knowledge and experience of committee members or special committee members and other circumstances. (4) Intermediation commissioners must carry out procedures for intermediating settlement from a neutral and fair standpoint. (5) If two or more intermediation commissioners are nominated, matters of the procedures for intermediating settlement are determined by a majority vote of intermediation commissioners.
(Challenging Intermediation Commissioners) Article 21 (1) Where there exist any circumstances concerning an intermediation commissioner that could prejudice the impartiality of the procedures for intermediating settlement, a related party may challenge that intermediation commissioner. (2) A decision on the challenge against an intermediation commissioner is made by the chairperson of the committee, upon petition made by a related party (if the intermediation commissioner related to the petition is the chairperson, the acting chairperson makes the decision; and if the intermediation commissioners related to the petition are the chairperson and the acting chairperson of the committee, then a committee member who has been nominated by the chairperson in advance makes the decision). (3) A related party that intends to file the petition referred to in the preceding paragraph must submit to the chairperson of the committee a written petition stating the grounds for the challenge, within 15 days from the later of the day on which the related party became aware the intermediation commissioner had been nominated, or the date on which the related party became aware that there is a ground for the challenge. (4) If the petition referred to in paragraph (2) is filed, the intermediation commissioner must suspend the procedures for intermediating settlement until the decision referred to in that paragraph is rendered provided, however, that this does not apply to a case requiring urgent action.
(Request for Participation and Submission of Documents) Article 22 If intermediation commissioners find it necessary for conducting intermediation of settlement, they may request the related parties to participate in the procedures for intermediating settlement or submit documents or items related to the case.
(Non-Disclosure of Procedures) Article 23 Procedures for intermediating settlement are not open to the public.
(Systematic Implementation of Procedures for Intermediating Settlement) Article 23-2 (1) In order to ensure proper and prompt proceedings, the committee must systematically implement procedures for intermediating settlement. (2) In order to ensure proper and prompt proceedings, the related parties are to cooperate in the systematic implementation of procedures for intermediating settlement by the committee.
(Advice from Attorneys at Law) Article 24 If no attorney at law is a member of the intermediation commissioners (excluding the case in which at least one of the intermediation commissioners is the judicial scrivener prescribed in Article 3, paragraph (2) of the Judicial Scriveners Act (Act No. 197 of 1950), when the intermediation commissioners conduct the procedures for intermediating settlement of the dispute prescribed in Article 3, paragraph (1), item (vii) of that Act), and if expert knowledge is required for interpretation and application of laws and regulations when the procedures for intermediating settlement are carried out, intermediation commissioners are to receive advice from committee members or special committee members who are attorneys at law.
(Recommendation to Accept a Settlement Proposal) Article 25 Intermediation commissioners may prepare a settlement proposal, and recommend the related parties to accept the settlement.
(Termination of Procedures) Article 26 (1) If intermediation commissioners find that it is not appropriate for the important consumer dispute relating to an application to be subject to intermediation of settlement by nature, or if they find that a related party has filed an application for intermediation of settlement without due cause for an unjust purpose, the intermediation commissioners must terminate the procedures for mediating settlement. (2) If intermediation commissioners find that there is no prospect of reaching a settlement between the related parties through procedures for intermediating settlement, the intermediation commissioners may terminate the procedures for intermediating settlement. (3) If intermediation commissioners terminate procedures for intermediating settlement pursuant to the provisions of the preceding two paragraphs, the intermediation commissioners must notify the related parties of the termination.
Division 2 Special Rules on the Use of the Procedures for Intermediating Settlement
(Postponement of Expiration of the Prescription Period) Article 27 If intermediation commissioners terminate procedures for intermediating settlement pursuant to the provisions of paragraph (2) of the preceding Article, and if the person that filed the application for the intermediation of settlement files an action regarding the claim that was the subject of the procedures for intermediating settlement within one month from the day of receiving notice under paragraph (3) of the preceding Article, for the purpose of postponement of expiration of the prescription period, the action is deemed to be filed at the time of the application for the intermediation of settlement.
(Suspension of Court Proceedings) Article 28 (1) If a lawsuit regarding an important consumer dispute is pending between the parties to the dispute, and if there is an event stated in any of the following items and the parties file a joint petition, the court in charge of the case may decide to suspend the court proceedings for a fixed period of no longer than four months: (i) procedures for intermediating settlement are being implemented for the important consumer dispute between the parties to the dispute; or (ii) in addition to the case referred to in the preceding item, the parties to the important consumer dispute have reached an agreement to resolve the important consumer dispute through procedures for intermediating settlement. (2) The court in charge of the case may revoke the decision referred to in the preceding paragraph at any time. (3) No appeal may be entered against a decision dismissing the petition referred to in paragraph (1) or a decision revoking the decision referred to in paragraph (1) pursuant to the provisions of the preceding paragraph.
Subsection 3 Arbitration
(Commencement of Procedures) Article 29 (1) Either or both of the parties to an important consumer dispute may file an application for arbitration with the committee. (2) An application for arbitration filed by either one of the related parties must be based on a mutual agreement that arbitration under this Act will be conducted. (3) The provisions of Article 19, paragraphs (2) through (4) apply mutatis mutandis to the arbitration procedures conducted by the committee. In this case, the term "referred to in the preceding paragraph" in Article 19, paragraph (2) and the term "referred to in paragraph (1)" in paragraphs (3) and (4) of that Article are replaced with the term "referred to in Article 29, paragraph (1)"; and the term "the intermediation commissioners prescribed in paragraph (1) of the following Article" in paragraph (3) of that Article is replaced with the term "the arbitration committee members prescribed in Article 30, paragraph (1)".
(Arbitration Committee Members) Article 30 (1) The arbitration procedures conducted by the committee (including the procedures prescribed in Article 19, paragraph (3) as applied mutatis mutandis pursuant to paragraph (3) of the preceding Article following the deemed replacement of terms) are carried out by one or more arbitration committee members (meaning persons who carry out the arbitration procedures; the same applies below). (2) Arbitration committee members are selected from among committee members or special committee members based on the agreement of the related parties, and are nominated by the chairperson provided, however, that if no members are selected based on the agreement of the related parties, the chairperson is to nominate arbitration committee members from committee members or special committee members. (3) At least one arbitration committee member must be an attorney at law (in the case of arbitration procedures conducted regarding the dispute prescribed in Article 3, paragraph (1), item (vii) of the Judicial Scriveners Act, an attorney at law or the judicial scrivener prescribed in paragraph (2) of that Article). (4) When nominating arbitration committee members pursuant to the provisions of the proviso to paragraph (2), the chairperson of the committee must make considerations to ensure appropriate staffing while comprehensively considering the knowledge and experience of committee members or special committee members and other circumstances. (5) Arbitration committee members must carry out arbitration procedures from a neutral and fair standpoint.
(Request for Submission of Documents) Article 31 If arbitration committee members find it necessary for conducting arbitration, they may request the related parties to submit documents or items related to the case.
(Non-Disclosure of Procedures) Article 32 Arbitration procedures are not open to the public.
(Systematic Implementation of Arbitration Procedures) Article 32-2 (1) In order to ensure proper and prompt proceedings, the committee must systematically implement arbitration procedures. (2) In order to ensure proper and prompt proceedings, the related parties are to cooperate in the systematic implementation of arbitration procedures by the committee.
(Application of the Provisions of the Arbitration Act) Article 33 In applying the Arbitration Act (Act No. 138 of 2003) to the arbitration done by the committee, the arbitration committee members are deemed to be arbitrators.
Subsection 4 Miscellaneous Provisions
(Coordination with Other Persons That Carry Out Alternative Dispute Resolution) Article 34 When carrying out important consumer dispute resolution procedures, the committee must coordinate with national institutions, local governments, and private enterprises carrying out alternative dispute resolution (meaning the alternative dispute resolution prescribed in Article 1 of the Act on Promotion of Use of Alternative Dispute Resolution (Act No. 151 of 2004)) regarding consumer disputes, while considering appropriate division of roles with these persons, and endeavor to reach proper and prompt settlement in line with the actual circumstance of the dispute.
(Operational Rules) Article 35 The committee is to provide and publish operational rules regarding detailed regulations required for implementation of important consumer dispute resolution procedures, the announcement under the following Article, and the recommendation under the provisions of Article 37.
(Announcement of the Outline of Results) Article 36 If the committee finds it necessary for the stabilization and improvement of the lives of the people after the procedures for intermediating settlement or arbitration procedures are completed, the committee may publish the outline of the results.
(Recommendation to Fulfill Obligations) Article 37 (1) The committee may recommend those who have obligations specified in settlement or arbitration to fulfill the obligations if this is requested by right holders and is found to be appropriate. (2) In the case referred to in the preceding paragraph, the committee may request the related parties to report on the progress of fulfillment of the obligations or conduct an investigation on the progress.
(Restrictions on Requests for Administrative Review and Administrative Case Litigation) Article 38 It is not possible to file a request for administrative review or file an action under the Administrative Case Litigation Act (Act No. 139 of 1962) regarding a disposition or its omission under this Section (excluding Subsection 1).
(Delegation to Cabinet Office Order) Article 39 In addition to what is provided for in this Act, Cabinet Office Order prescribes necessary matters relating to the committee, the important consumer dispute resolution procedures, and the announcement under Article 36 and the recommendation under Article 37.
Section 3 Other Operations of the Center Regarding Consumer Disputes
(Assistance for Preparation or Conduct of Lawsuits) Article 40 (1) If an important consumer dispute is not solved through procedures for intermediating settlement, and when the consumer who filed an application for the intermediation of settlement files an action regarding the claim that was subject of the procedures for mediating settlement, the Center may provide reference materials for use in preparation or conduct of a lawsuit (excluding documents submitted by the related parties in the important consumer dispute resolution procedures) that are specified by Cabinet Office Order. (2) Consumers who have received reference materials pursuant to the provisions of the preceding paragraph must not use the materials for any purpose other than for the use in preparation or conduct of a lawsuit referred to in that paragraph.
(Operations Relating to Complaints Concerning Consumer Disputes) Article 41 Beyond the important consumer dispute resolution procedures conducted by the committee, the Center carries out the following operations if a consumer files a complaint concerning a consumer dispute: (i) providing the consumer with information that would help in their selection of the appropriate procedures for resolving the consumer dispute in line with the actual circumstances of the dispute; and (ii) carrying out mediation for the processing of the complaint.
(Collection and Announcement of Information) Article 42 (1) In order to prevent the occurrence of consumer disputes, the Center may request local governments or any other persons that hold the information regarding consumer affairs, to provide that information. (2) The Center is to organize and analyze information received pursuant to the provisions of the preceding paragraph and other information on consumer affairs collected, and if it finds it necessary for the stabilization and improvement of the lives of the people, the Center is to announce the results of the analysis and notify the relevant administrative bodies of the results of the analysis as well as the Center's opinions. In this case, if the Center finds it particularly necessary for protecting the life, body, property, or other important interests of consumers, the Center may announce the name of business operator which is a party to a consumer dispute or other matters specified by Cabinet Office Order.
Chapter IV Finance and Accounting
(Special Provisions for Management of Profits and Losses) Article 43 (1) If there are reserve funds under Article 44, paragraph (1) of the Act on General Rules after the recording under paragraph (1) or (2) of that Article for the last business year within the period for the medium-term objectives prescribed in Article 29, paragraph (2), item (i) of that Act (referred to below as the "medium-term objectives period" in this paragraph), the Center may allocate the portion of the amount equivalent to the amount of the reserve funds that has been approved by the Prime Minister to the financial resources for the operations prescribed in Article 10 for the following medium-term objectives period in accordance with the medium-term plan for the medium-term objectives period following the relevant medium-term objectives period for which the authorization referred to in Article 30, paragraph (1) of the Act on General Rules has been obtained (or the revised medium-term plan, if the authorization for the revision under the second sentence of that paragraph has been obtained). (2) When the Prime Minister intends to give approval under the preceding paragraph, the Prime Minister must consult with the Minister of Finance. (3) If there remains any surplus after deducting the amount approved under paragraph (1) from the amount equivalent to the amount of the reserve funds prescribed in that paragraph, the Center must turn over the remaining surplus to the Treasury. (4) Beyond what is specified in the preceding three paragraphs, Cabinet Order prescribes necessary matters regarding procedures for payment to the government and disposition of reserve funds.
(Long-Term Borrowings) Article 43-2 (1) The Center may take on long-term borrowings after obtaining the authorization from the Prime Minister, in order to allocate borrowed money to expenses necessary for the operations stated in Article 10, item (viii) and accompanying operations. (2) Every business year, the Center must design a plan for redeeming long-term bottowings and obtain the authorization from the Prime Minister. (3) The Prime Minister must consult with the Minister of Finance before giving authorization under the preceding two paragraphs.
Chapter V Miscellaneous Provisions
(The Prime Minister's Request in the Case of Urgent Necessity) Article 44 (1) If the distribution of a product or the provision of a service causes or may cause serious harm to the lives, bodies, or properties of the people, or other circumstances arise, and if the Prime Minister finds an urgent necessity to provide information to the people, the Prime Minister may request the Center to take necessary measures regarding the operations stated in Article 10, items (i) and (ii). (2) If a request under the preceding paragraph is made by the Prime Minister, the Center must meet the request, unless there are reasonable grounds for rejecting the request.
(Competent Ministers) Article 45 The competent minister and the order of the competent ministry mentioned in the Act on General Rules regarding the Center are the Prime Minister and Cabinet Office Order, respectively.
(Exclusion from Application of the National Public Officers' Housing Act) Article 46 The provisions of the National Public Officers' Housing Act (Act No. 117 of 1949) do not apply to the officers or employees of the Center.
Chapter VI Penal Provisions
Article 47 A person who violates the provisions of Article 9, paragraph (1) or Article 15, paragraph (1) (including as applied mutatis mutandis pursuant to Article 16, paragraph (3)) is punished by imprisonment of not more than one year or a fine of not more than 500,000 yen.
Article 48 A person who violates the provisions of Article 40, paragraph (2) is punished by a civil fine of not more than 300,000 yen.
Article 49 In any of the following cases, the officer of the Center who commits the violation is punished by a civil fine of not more than 200,000 yen: (i) the officer conducts operations other than those prescribed in Article 10; (ii) the officer fails to obtain approval when approval must be obtained from the Prime Minister pursuant to the provisions of Article 43, paragraph (1); or (iii) the officer fails to obtain authorization when authorization must be obtained from the Prime Minister pursuant to the provisions of Article 43-2, paragraph (1) or (2).
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the date of promulgation provided, however, that the following provisions come into effect on the dates specified in the respective items: (i) the provisions of Articles 3, 4, 6, and 7 of the Supplementary Provisions: October 1, 2003.
(Dissolution of the National Consumer Affairs Center of Japan) Article 2 (1) The National Consumer Affairs Center of Japan under the former Act (referred to below as the "former Center") is dissolved at the time when the Center under this Act is established, and all of the former Center's rights and obligations, excluding assets succeeded to by the national government pursuant to the provisions of the following paragraph, are succeeded to by the Center at that time. (2) Among the rights held by the former Center at the time of establishment of the Center, the assets other than those required to reliably implement the operations of the Center are succeeded to by the national government at the time of establishment of the Center. (3) The scope of assets succeeded to by the national government pursuant to the provisions of the preceding paragraph and other necessary matters concerning the succession to the assets by the national governments are specified by Cabinet Order. (4) The business year including the day before the date of dissolution of the former Center is to end on that day. (5) Prior laws and regulations continue to govern the settlement of accounts and the inventory of assets, balance sheet, and profit and loss statement for the business year including the day before the date of dissolution of the former Center. (6) When the Center succeeds to the rights and obligations of the former Center pursuant to the provisions of paragraph (1), the amount calculated by subtracting the amount of liabilities from the value of assets succeeded to by the Center is deemed to have been contributed to the Center by the government. (7) The value of assets referred to in the preceding paragraph is the value evaluated by evaluation committee members with reference to the market value on the date of establishment of the Center. (8) The evaluation committee members referred to in the preceding paragraph and other necessary matters for evaluation are specified by Cabinet Order. (9) Matters regarding the registration of dissolution in the case of dissolution of the former Center pursuant to the provisions of paragraph (1) are specified by Cabinet Order.
(Repeal of the Former Act on the National Consumer Affairs Center of Japan) Article 3 The former Act on the National Consumer Affairs Center of Japan (Act No. 94 of 1970) is repealed.
(Transitional Measures Concerning Application of Penal Provisions) Article 4 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before the provisions of the preceding Article come into effect and acts committed after this Act comes into effect relating to matters for which prior laws and regulations are to continue to govern pursuant to the provisions of Article 2, paragraph (5) of the Supplementary Provisions.
(Delegation to Cabinet Order) Article 5 In addition to what is specified in the preceding three Articles, Cabinet Order prescribes necessary transitional measures for the establishment of the Center and other necessary transitional measures for the enforcement of this Act.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on October 1, 2004 provided, however, that the following provisions come into effect on the dates specified in the respective items.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation provided, however, that the provisions of the following Article come into effect on the date of promulgation.
(Preparatory Actions) Article 2 Necessary acts for appointing committee members under Article 13, paragraph (1) of the Act on National Consumer Affairs Center of Japan amended by this Act (referred to as the "new Act" in the following Article and Article 5 of the Supplementary Provisions) may be conducted pursuant to the provisions of that paragraph, even before this Act comes into effect.
(Adjustment Provisions) Article 3 If the date on which this Act comes into effect (referred to below as the "effective date") is before April 1, 2009, in applying the provisions of Article 1-2, paragraph (1) of the new Act during the period from the effective date to March 31, 2009, the term "Article 12-2, paragraph (1)" in that paragraph is replaced with the term "Article 12, paragraph (5)".
(Transitional Measures) Article 4 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before this Act comes into effect.
(Review) Article 5 When five years have elapsed after this Act comes into effect, the government is to review the status of enforcement of the new Act, and if it finds it necessary, the government is to take required measures based on the review results.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the date on which the Act Partially Amending the Act on General Rules for Incorporated Administrative Agencies (Act No. 66 of 2014; referred to below as the "Act Amending the Act on General Rules") comes into effect provided, however, that the provisions stated in the following items come into effect on the dates specified in the respective items: (i) the provisions of Article 14, paragraph (2), Article 18, and Article 30 of the Supplementary Provisions: the date of promulgation.
(Effects of Dispositions) Article 28 Dispositions, procedures, and other acts that have been carried out or are to be carried out pursuant to the provisions of individual laws before amendment by this Act (including orders based on these laws) and that have corresponding provisions in the individual laws amended by this Act (including orders based on these laws; referred to below as the "new laws and regulations" in this Article) are deemed to be dispositions, procedures, and other acts that have been carried out or are to be carried out pursuant to the corresponding provisions of the new laws and regulations, unless otherwise provided for by a law (including Cabinet Order based on that law).
(Transitional Measures Concerning Penal Provisions) Article 29 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before this Act comes into effect and acts committed after this Act comes into effect in cases for which prior laws and regulations are to continue to govern pursuant to the provisions of the Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order) Article 30 In addition to what is specified in Article 3 of the Supplementary Provisions through the preceding Article, Cabinet Order prescribes necessary transitional measures for the enforcement of this Act (including transitional measures concerning penal provisions) (or Rules of the National Personnel Authority prescribe those transitional measures regarding matters under the jurisdiction of the National Personnel Authority).
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the date on which the Administrative Appeal Act (Act No. 68 of 2014) comes into effect.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on October 1, 2017 provided, however, that the provisions of Article 5 of the Supplementary Provisions come into effect on the date of promulgation.
(Transitional Measures Concerning Penal Provisions) Article 4 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before this Act comes into effect.
(Delegation to Cabinet Order) Article 5 Beyond what is specified in the preceding three Articles, Cabinet Order prescribes necessary transitional measures for the Act to come into effect.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day after the final day in the 20-day period that commences on the promulgation date.
(Transitional Measures on Partial Amendment of the Consumer Contract Act) Article 2 (1) The provisions of Article 4, paragraph (3), item (vi) (including as applied mutatis mutandis pursuant to Article 5, paragraph (1) of the Consumer Contract Act) of the Consumer Contract Act amended by the provisions of Article 1 (referred to below as the "new Act") apply to any manifestation of intention of an offer or acceptance of an offer in a consumer contract made after the date on which this Act comes into effect, and prior laws and regulations continue to govern any manifestation of intention of an offer or acceptance of an offer in a consumer contract made prior to that date. (2) The provisions of Article 7, paragraph (1) of the new Act also apply to the rescission right relating to any manifestation of intention of an offer or acceptance of an offer in a consumer contract made before this Act comes into effect provided, however, that this does not apply if the prescription for the rescission right prescribed in Article 7, paragraph (1) of the Consumer Contract Act before amendment under the provisions of Article 1 is already completed at the time when this Act comes into effect.
(Review) Article 3 When five years have elapsed after this Act comes into effect, the government is to review the status of enforcement of the provisions amended by this Act, and if it finds it necessary, the government is to take necessary measures based on the review results.
(Partial Amendment of the Local Tax Act) Article 4 The Local Tax Act (Act No. 226 of 1950) is partially amended as follows. In Article 348, paragraph (2), item (xxix), the term "through item (vii)" is revised to "through item (v), item (vii), or item (viii)".
(Partial Amendment of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers) Article 5 The Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers (Act No. 96 of 2013) is partially amended as follows. In Article 75, paragraph (4), the term "Article 10, item (vii)" is revised to "Article 10, item (viii)".
(Partial Amendment of the Consumer Contract Act and the Act Partially Amending the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers) Article 6 The Consumer Contract Act and the Act Partially Amending the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers (Act No. 59 of 2022) is partially amended as follows. After the provisions amending Article 6 of the Consumer Contract Act in Article 1, the following amendment provisions are added.: In Article 7, paragraph (1), the term "paragraph (3), item (vi) of that Article" is revised to "paragraph (3), item (viii) of that Article". In the provisions amending Article 10, item (vii) of the Act on National Consumer Affairs Center of Japan in Article 9 of the Supplementary Provisions, the term "Article 10, item (vii)" is revised to "Article 10, item (viii)".