Outline of the Public Comment Procedure

【General Principles for the Establishment of Administrative Orders（Article 38）】

• The Organ which is in charge of establishing Administrative Orders, etc. (if Administrative Orders, etc. are established by Cabinet Decision, the Minister in charge of drafting Administrative Orders, etc. Hereinafter referred to as "Organs Establishing Administrative Orders, etc.") must establish the Administrative Orders, etc. accommodating them to the purpose of the laws and regulations which will be the grounds for the Administrative Orders, etc.
• In addition, even after the establishment of Administrative Orders, Organs Establishing Administrative Orders, etc. must endeavor to maintain the appropriateness of the Administrative Orders ,where circumstances make it necessary, by examining the content of the Administrative Orders, etc.

【Public Comment Procedures（Article 39）】

• Organs Establishing Administrative Orders, etc., must make the proposed Administrative Orders, etc. public in advance, and must seek comment from the public, showing the period of time for the submission.
• Proposed Administrative Orders, etc., publicly notified pursuant must have concrete and clear content, and must show the title and the specific provisions of the laws and regulations which will are grounds for the anticipated Administrative Orders, etc.
• The period for submission of Comments must be 30 days or more from the date of public notice of the proposed Administrative Orders, etc.

【Consideration of Submitted Comments（Article 42）】

• Organs Establishing Administrative Orders, etc. must adequately consider all comments submitted to it within the period for submission of comments.

【Public Notice of Results（Article 43）】

• In establishing Administrative Orders, etc. implementing the procedures for public comment, Organs Establishing Administrative Orders, etc. must make public the following particulars at the same time as the promulgation of the Administrative Orders, etc.;

　　(i)title of the Administrative Orders, etc.;
　　(ii)date of the public notice of the proposed Administrative Orders, etc.;
　　(iii)submitted comments; and
　　(iv)results following the consideration of the submitted comments, and the grounds for this.

【Methods of Public Notice（Article 45）】

• ublic notice of the proposed Administrative Orders, etc. and public notice of the results are to be made using e-Gov (which opens in a new window by https://www.e-gov.go.jp).

Q1 What kind of procedure is Public Comment Procedure?

A

The Public Comment Procedure refers to "a procedure in which when organs that intend to establish Administrative Orders, etc. ( Cabinet Orders, Ministerial Orders, etc.), the proposed Administrative Orders, etc. is publicly announced and opinions are widely invited from the public." Also known as public comment.

This procedure is a system in which the content and the process of decision-making on the establishment of Administrative Orders, etc. are made clear to the public, and the organ that establishes the Administrative Orders, etc. grasps diverse opinions and information from the public, and if the content is appropriate, it will be utilized.

Therefore, it does not focus on whether the number of submitted opinions is large or not, and it does not introduce a majority vote when establishing Administrative Orders, etc.

（Article 39(1)）

Q2 What is "Administrative Orders, etc."?

A

The term "Administrative Orders, etc." means the following, as established by the Cabinet or administrative organs (the organ that establishes the Administrative Orders, etc.);

• (a)Orders established pursuant to Acts (including public notices which include the requirements of the disposition.) and Rules
• (b) Review standards (here meaning the standards necessary for judging, in accordance with the provisions of relevant laws and regulations, whether an application requesting permission, etc. will be granted)
• (c) Disposition standards (here meaning, the standards necessary for judging, in accordance with the provisions of relevant laws and regulations, whether Adverse Dispositions are rendered, and as the case may be, what kind of Adverse Dispositions are rendered)
• (d)Administrative Guidance guidelines (meaning standardized contents of Administrative Guidance which, in order to achieve a common administrative aim, an Administrative Organ intends to render to more than one person who meets certain conditions).

（Article 2(viii)）

Q3 Do I need to take Public Comment Procedures whenever I establish Administrative Orders, etc.?

A

Not all Administrative Orders, etc. are subject to Public Comment Procedures. In view of the special content and nature of Administrative Orders, etc., there are cases where they are not subject to Chapter 6 of the Administrative Procedure Act (Public Comment Procedures, etc.) (Article 3(2)、 Article 4(4)). In addition, in cases that fall under the special circumstances provided in Article 39, Paragraph 4 of the Administrative Procedure Act (for example, in cases where it is necessary to urgently establish Administrative Order, etc. for the public interest, or in cases where it is necessary to establish a minor change that is not worth implementing Public Comment Procedure), it is not necessary to implement The Public Comment Procedure.

However, when the Administrative Procedure Act, Article 39, Paragraph 4 is applicable and Administrative Orders, etc. are established without implementing the Public Comment Procedure, the fact that the Public Comment Procedure was not implemented and the reasons for it are to be publicly announced at the same time as the promulgation of the Administrative Orders, etc.

Chapter 6 (Procedures for Public Comment, etc.) of the Administrative Procedure Act does not apply to the establishment of Administrative Orders, etc.by organs of local governments (Article 3(3)).

(Article 39(4)、43(5))

Q4 How will the submitted comments be handled?

A

You can submit your opinion anonymously. However, the opinion is the content of the proposed Administrative Orders, etc., and it is necessary to submit it to the government office to which it will be submitted within the comment submission period.

Q5 How will the submitted comments be handled?

A

The Organ which is in charge of establishing Administrative Orders, etc. must adequately consider the opinions submitted on the proposed Administrative Orders, etc. In addition, the opinions submitted and how they were considered and reflected in the Administrative Orders, etc. are to be publicly announced at the same time as the promulgation of the Administrative Orders, etc. (in principle, on or before the same day as the promulgation of the Administrative Orders, etc.).

However, as we answered in Q1, even if there are many opinions in favor of or against the proposed Administrative Orders, etc. those opinions are not always reflected.

(Article 42、43(1))

Q6 Where can I see the proposed Administrative Orders, etc. and the results of consideration of opinions?

A

Please refer to e-Gov（https://www.e-gov.go.jp/) for information on the proposed Administrative orders, etc., as well as the opinions submitted and how they were considered and reflected in the proposed Administrative orders, etc. In addition, you can see some on the websites of each ministry.