Q & A on Prior Confirmation Procedures on the Application of Laws and Regulations

Questions and answers regarding the Prior Confirmation Procedures on the Application of Laws and Regulations are posted.

Table of contents
  • Q1 What procedure should I take to make an inquiry?
  • Q2 After making inquiries, how will the Cabinet Office and each Ministry respond?
  • Q3 How many days will it take for the Cabinet Office and each Ministry to reply?
  • Q4 I would like you to postpone the announcement of the inquiry contents, etc.?
  • Q5 What kind of effect does the response to the inquiry have?
  • Q6 What kind of inquiries have you received?
  • Q7 Please tell me about the Prior Confirmation Procedures on the Application of Laws and Regulations by each ministry.

Q1 What procedure should I take to make an inquiry?

A
First, prepare a paper (or electronic) containing the following information.

(1) Specific details of the actions to be taken in the future
(2) The provisions of the laws and regulations whose applicability is to be verified

※ The format of the document, the provisions of the laws and regulations that enable you to confirm their applicability   , and other guidelines for writing are stipulated in the detailed regulations of the Cabinet Office and each Ministry.

Detailed regulations can be viewed from the e-Gov (e-Gov = e-Gov) (which opens in a new window by (https://www.e-gov.go.jp/))別ウィンドウで開きます.

In addition, since the Cabinet Office and each Ministry will, in principle, make public the answers to inquiries after they have been made, when making inquiries, it is also necessary to agree to make public the contents of inquiries and answers.

Once the inquiry document is completed, it will be sent to the inquiry counter of the Cabinet Office and each Ministry.
The inquiry counter is specified in the detailed regulations of the Cabinet Office and each Ministry for each law.

Q2 After making inquiries, how will the Cabinet Office and each Ministry respond?

A
In principle, responses to inquiries shall be in writing (including by electronic means).

However, this does not apply to cases where the inquirer agrees to respond verbally.
The Cabinet Office and each Ministry may refuse to respond to inquiries from inquirers when it is impossible or inappropriate to respond to inquiries. However, the requirements for non-responses must be stipulated in advance in detailed regulations.
In addition, if the inquiry is not answered, the Cabinet Office and each Ministry will notify the inquirer of the reason.

Q3 How many days will it take for the Cabinet Office and each Ministry to reply?

A
In principle, responses will be made within 30 days after the inquiry form reaches the inquiry counter.
If a response cannot be made within the established response period, the Cabinet Office and each Ministry will notify the inquirer of the reason and the outlook for the response period.

Q4 I would like you to postpone the announcement of the inquiry contents, etc.?

A
The Cabinet Decision on June 22, 2007 on the partial amendment of the "Introduction of the Procedures for Prior Confirmation of Application of Laws and Regulations by Administrative Organs" clearly stated that the inquirer may wish to postpone the announcement.
Specifically, the Cabinet Office and each Ministry respond to requests for consultation, so please consult the inquiry counter.

Q5 What kind of effect does the response to the inquiry have?

A
The answers are based only on the facts presented by the inquirer, and express opinions from the perspective of the jurisdiction over the laws and regulations (clauses) subject to inquiries.
In that sense, it means a provision of information in advance.
Therefore, there is no restriction on the judgment of investigative authorities or judicial judgment including the application of penal provisions.

Q6 What kind of inquiries have you received?

A
The inquiries and answers are publicly available, so you can check them at the e-Gov  (which opens in a new window by (https://www.e-gov.go.jp/))別ウィンドウで開きます.
You can also check it on the website of each ministry.

Q7 Please tell me about the Prior Confirmation Procedures on the Application of Laws and Regulations by each ministry.

A
Please follow the link below.

 Japan Fair Trade Commission
https://www.jftc.go.jp/soudan/jizen/index.html別ウィンドウで開きます

 National Police Agency(National Public Safety Commission)
https://www.npa.go.jp/laws/noaction/index.html別ウィンドウで開きます

 Financial Services Agency
https://www.fsa.go.jp/common/noact/index.html別ウィンドウで開きます

 Consumer Affairs Agency
https://www.caa.go.jp/law/nal/別ウィンドウで開きます

 Ministry of Internal Affairs and Communications
https://www.soumu.go.jp/menu_sinsei/hourei_tekiyou/index.html別ウィンドウで開きます

 Ministry of Justice
https://www.moj.go.jp/hisho/shomu/kanbou_jizen_jizen01.html別ウィンドウで開きます

 Ministry of Foreign Affairs of Japan
https://www.mofa.go.jp/mofaj/annai/shocho/horei/index.html別ウィンドウで開きます

 Ministry of Finance
https://www.mof.go.jp/application-contact/procedure/jizen/dounyu.htm別ウィンドウで開きます

 Ministry of Education, Culture, Sports, Science and Technology
https://www.mext.go.jp/b_menu/toukei/005/020401.htm別ウィンドウで開きます

 Ministry of Health, Labour and Welfare
https://www.mhlw.go.jp/shinsei_boshu/houreitekiyou/index.html別ウィンドウで開きます

 Ministry of Agriculture, Forestry and Fisheries
https://www.maff.go.jp/j/apply/nal/index.html別ウィンドウで開きます

 Ministry of Economy, Trade and Industry
https://www.meti.go.jp/policy/no_action_letter/index.html別ウィンドウで開きます

 Ministry of Land, Infrastructure, Transport and Tourism
https://www.mlit.go.jp/appli/file000015.html別ウィンドウで開きます

 Ministry of the Environment
https://www.env.go.jp/guide/info/noaction/index.html

 Nuclear Regulation Authority
https://www.nra.go.jp/disclosure/law/noactionletter/index.html別ウィンドウで開きます

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