Act on Measures for Ministry of Foreign Affairs Orders Issued pursuant to the "Imperial Ordinance on Orders Issued Incidental to Acceptance of the Potsdam Declaration"（Act No. 126 of 1952）
Last Version： Act No. 71 of 1991
目次
履歴
  • 令和3年7月9日
    • 最終更新：平成三年法律第七十一号
    • 翻訳日：令和3年3月9日
    • 辞書バージョン：14.0

Act on Measures for Ministry of Foreign Affairs Orders Issued pursuant to the "Imperial Ordinance on Orders Issued Incidental to Acceptance of the Potsdam Declaration"
Act No. 126 of April 28, 1952
(Partial Revision of the Immigration Control Order)
Article 1(1)The Immigration Control Order (Cabinet Order No. 319 of 1951) is revised in part as follows.
Article 2, item (ii) is revised as follows.
(ii)the term "foreign national" means a person who does not have Japanese nationality.
The following Article is added after Article 22 in Chapter IV, Section 1.
(Acquisition of Status of Residence)
Article 22-2Any person who has renounced their Japanese nationality, or any foreign national staying in Japan who hasn't followed the procedures for landing provided in Chapter III due to birth or for any other reason, may continue to stay in Japan without acquiring a status of residence for a period not exceeding 60 days from the date of renouncement of Japanese nationality for those who have done so, or from the date of that foreign national's birth or the occurrence of any other relevant reason, notwithstanding the provisions of Article 19, paragraph (1).
(2)A foreign national as described under the preceding paragraph who wishes to stay in Japan beyond the period set forth in the same paragraph must apply to the Commissioner for a status of residence in accordance with the procedures specified by the Ministry of Foreign Affairs Order within 30 days from the date of renouncement of Japanese nationality for those who have done so, or from the date of that foreign national's birth or the occurrence of any other relevant reason.
(3)The provisions of Article 20, paragraphs (3) through (7) apply mutatis mutandis to procedures for applications to acquire a status of residence prescribed in the preceding paragraph (except for applications to acquire the status of residence as a person to whom the provisions of Article 4, paragraph (1), item (xiv) apply).In this case: the phrase "switch to a status of residence" in Article 20, paragraph (3) or the phrase "change of status of residence" in paragraph (5) of the same Article is to be replaced with "acquisition of status of residence"; the phrase "renewal of the status of residence and period of stay endorsed on the passport" in paragraph (5) of the same Article is to be replaced with "endorsing the status of residence and period of stay on the passport"; and the term "renewal" in paragraph (7) of the same Article is to be replaced with "endorsement".
(4)The provisions of the preceding Article apply mutatis mutandis to procedures for an application to acquire status of residence as a person to whom the provisions of Article 4, paragraph (1), item (xiv) apply, during the application to acquire the status of residence as prescribed in paragraph (2).In this case: the phrase "change the status of residence" and "switch to a status of residence" in paragraph (1) of the preceding Article are to be replaced with "acquire the status of residence" and "acquisition of the status of residence" respectively; and "have the status of residence and period of stay endorsed on the passport erased, and additionally, have the seal of verification of permission for permanent residence endorsed on the relevant passport" in paragraph (3) of the same Article is to be replaced with "have the seal of verification of permission for permanent residence endorsed on the passport".
The phrase "registration certificate issued under the Alien Registration Order (Imperial Order No. 207 of 1948)" in Article 23, paragraph (1) is changed to "alien registration certificate issued under the Alien Registration Act (Act No. 125 of 1952)".
The term "Alien Registration Order" in Article 24, paragraph (1), item (iv),(f) is changed to "laws and regulations regarding to alien registration".
The following single item (vii) is added to Article 24, paragraph (1).
(vii)a person who stays in Japan beyond the period prescribed in Article 22-2, paragraph (1), without receiving: the endorsement of status of residence and period of stay pursuant to the provisions of the of Article 20, paragraph (6), as applied mutatis mutandis to Article 22-2, paragraph (3); or the endorsement with seal of verification of permission for permanent residence pursuant to the provisions of Article 22, paragraph (3), as applied mutatis mutandis to Article 22-2, paragraph (4).
The following item (viii) is added to Article 70.
(viii)a person who stays in Japan beyond the period prescribed in Article 22-2, paragraph (1), without receiving: the endorsement of status of residence and period of stay pursuant to the provisions of the of Article 20, paragraph (6), as applied mutatis mutandis to Article 22-2, paragraph (3); or the endorsement with a seal of verification of permission for permanent residence pursuant to the provisions of Article 22, paragraph (3), as applied mutatis mutandis to Article 22-2, paragraph (4).
The proviso in paragraph (1) of the Supplementary Provisions is deleted.
Paragraphs (3) through (18) of the Supplementary Provisions are deleted, paragraph (19) of the Supplementary Provisions becomes paragraph (3) of the Supplementary Provisions, and the numbering of each of the subsequent paragraphs are moved up by 16.
(Transitional Provisions Accompanying the Partial Revision of the Immigration Control Order)
Article 2(1)The period for which a foreign national who is already residing in Japan at the time this Act comes into effect and to whom any of the items below applies may continue to reside in Japan without holding status of residence is to be, notwithstanding the provisions of Article 22-2, paragraph (1) of the Immigration Control Order, 6 months from the date on which this Act comes into effect.
(i)a person who has entered Japan with the permission of the Supreme Commander for the Allied Powers.
(ii)a person who has resided in Japan as a foreign national continuously since before September 2, 1954.
(iii)a person who: has lost Japanese nationality pursuant to the provisions of the Treaty of Peace with Japan, on the date on which that Treaty came into effect; has been residing in Japan continuously since before September 3, 1945; and holds an alien registration certificate issued under the Alien Registration Act (Act No. 125 of 1952)".
(2)With respect to a foreign national as described under the preceding paragraph who wishes to stay in Japan beyond the period set forth in the same paragraph, the period for making an application for status of residence to the Minister of Justice is to be, notwithstanding the provisions of Article 22-2, paragraph (2) of the Immigration Control Order, 3 months within the date on which this Act comes into effect.
(3)A document carried by a foreign national who was already granted leave to enter by the Supreme Commander for the Allied Powers at the time this Act comes into effect but has not yet landed in Japan, which shows that leave to enter was granted by the Supreme Commander for the Allied Powers, limited to 6 months from the date on which the relevant leave was granted, and for the purposes of the application of the Immigration Control Order, is deemed to be a visa issued by the Consulates in Japan specified in Article 6, paragraph (1) of the same Order.
(4)A seal of verification for re-entry permission endorsed on a passport carried by a foreign national who was granted re-entry permission by the Supreme Commander for the Allied Powers at the time this Act comes into effect is, for the period of validity made clear by the relevant seal of verification, and for the purposes of the application of the Immigration Control Order, deemed to be a re-entry permit specified in Article 26, paragraph (2) of the same Order.
(5)Foreign nationals who, having received the re-entry permission of the Supreme Commander for the Allied Powers specified in the preceding paragraph, seek to depart from Japan, or foreign nationals who have already departed from Japan having received such permission, notwithstanding the provisions of the proviso within Article 9, paragraph (3) of the Immigration Control Order, are to have their status of residence and period of stay determined when landing permission is endorsed at the time of their re-entry.
(Partial Revision of the Order for Establishment of the Immigration Control Agency)
Article 3.The Order for the Establishment of the Immigration Control Agency (Cabinet Order No. 320 of 1951) is revised as follows.
Article 3, paragraph (1) is changed as follows.
The tasks the Immigration Control Agency is to perform: the management of immigration in accordance with the Immigration Control Order (Cabinet Order No. 319 of 1951); and the administrative tasks pertaining to the registration of foreign nationals in accordance with the Alien Registration Act (Act No. 125 of 1952).
"the Immigration Control Order (including where it is applied mutatis mutandis in Article 16, paragraph (2) of the Alien Registration Order)" in Article 14, items (xv), (xvi) and (xviii) is changed to "Immigration Control Order"; item (xvii) of the same Article is omitted; item (xviii) of the same Article becomes item (xvii) of the same Article; and the numbering of each of the subsequent items are moved up by one.
The phrase ", Alien Registration Order and Emergency Measures Order" within Article 7, item (iv) is omitted, and "Alien Registration Order" within item (vii) of the same Article is changed to "Alien Registration Act".
Sub-item (7) within item (viii) of Article 8 is omitted.
Within the table in Article 16, paragraph (2), the following row
Sendai Branch Office
Sendai City
Hokkaido, Miyagi Prefecture, Fukushima Prefecture, Iwate Prefecture, Aomori Prefecture, Yamagata Prefecture, Akita Prefecture
is replaced with the following rows:
Sapporo Branch Office
Sapporo City
Hokkaido
Sendai Branch Office
Sendai City
Miyagi Prefecture, Fukushima Prefecture, Iwate Prefecture, Aomori Prefecture, Yamagata Prefecture, Akita Prefecture
.
(Orders to Remain in Force)
Article 4.Orders which are specified in Article 1 and the preceding Article are to remain in force as law after this Act comes into effect.
(Repeal of Orders)
Article 5.The Orders below are repealed.
(i)Order for the Registration of Korean Nationals, Nationals of the Republic of China, Persons of Chinese Descent who were Residents of Taiwan under Japanese Rule, and Persons who have their Registered Domicile in the Kagoshima Prefecture below the 30th Parallel North (including Kuchinoshima) or the Okinawa Prefecture (Ministry of Health Order, Home Ministry Order, Ministry of Justice Order No. 1, 1946)
(ii)Emergency Measures Order pertaining to the Restriction on Travel by Persons who Have their Registered Domicile in the Nansei Shotou below the 29th Parallel North (Cabinet Order No. 227, 1950)