(Technical Regulations Conformity Certification)
Article 38-2.
(1) With respect to radio equipment to be used for small-scale radio stations as specified by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # (hereinafter referred to as "specified radio equipment"), the Minister of Public Management, Home Affairs, Posts and Telecommunications shall attest, or may designate a person (hereinafter referred to as "designated certification agency") to attest, that the equipment satisfies the technical regulations specified in the Chapter III (hereinafter referred to as "technical regulations conformity certification").
(2) Designation of a designated certification agency shall be made, upon application from a person who wishes to conduct technical regulations conformity certification, according to categories specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications ##.
(3) When having designated a designated certification agency, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall no longer conduct technical regulations conformity certification of the category related to the aforementioned designation.
(4) Where an application is submitted from a person requesting technical regulations conformity certification, either the Minister of Public Management, Home Affairs, Posts and Telecommunications or the designated certification agency shall examine the specified radio equipment in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications ###, and grant technical regulations conformity certification, when determining that the equipment satisfies the technical regulations specified in Chapter III.
(5) A part of the examination of the preceding paragraph may be omitted, when the application of the same paragraph is accompanied with documents on which the results of an inspection related to the attestation conducted by a person who has attested qualification in accordance with Article 24-2 paragraph (1) or Article 24-9 paragraph (1) in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications for the specified radio equipment
(6) Where granting technical regulations conformity certification, the Minister of Public Management, Home Affairs, Posts and Telecommunications or the designated certification agency shall attach a label to the specified radio equipment to grant technical regulations conformity certification in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications ####.
(7) No person within Japan shall attach, except where under the provisions of the preceding paragraph (including the case which shall apply, mutatis mutandis, to Article 38-17 paragraph (5)) or the provisions of Article 38-16 paragraph (5) (including the case which shall apply, mutatis mutandis, to Article 38-17 paragraph (8)) label or any other misleading label to any radio equipment.
(8) Any person who has carried out construction work for changing specified radio equipment to which the label was attached under the provision of paragraph (6) (including the case which shall apply, mutatis mutandis, to Article 38-17 paragraph (5)) or the provisions of Article 38-16 paragraph (5) (including the case which shall apply, mutatis mutandis, to Article 38-17 paragraph (8)) shall remove the label by the method specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(9) When establishing the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications of paragraph (1), or modifying or abolishing it, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall hear opinions of the Minister of Economy, Trade and Industry.
(10) When establishing the ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications under paragraph (4), or modifying or abolishing it, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall consult with the Minister of Economy, Trade and Industry.
# The Ordinance Concerning Technical Regulations Conformity Certification of Specified Radio Equipment, Article 2.
## The Ordinance Concerning Technical Regulations Conformity Certification of Specified Radio Equipment, Article 8.
### The Ordinance Concerning Technical Regulations Conformity Certification of Specified Radio Equipment, Article 4 paragraph (1).
#### The Ordinance Concerning Technical Regulations Conformity Certification of Specified Radio Equipment, Article 6.
(Requirements for Designation of a Designated Certification Agency)
Article 38-3.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall not designate any person as a designated certification agency unless determining that the application under paragraph (2) of the preceding article satisfies all of the following items:
i) The plan for executing technical regulations conformity certification service regarding staff, facilities, execution methods of the work of technical regulations conformity certification and other particulars, shall satisfy the proper and assured execution of the technical regulations conformity certification service.
ii) The applicant shall have an adequate financial basis to properly and assuredly execute the plan related to execution of the technical regulations conformity certification service of the preceding item.
iii) When the applicant is a juridical person, officers and the composition of staff members thereof, according to types of juridical person, specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, and Posts and Telecommunications, shall have no influence on fair execution of technical regulations conformity certification service.
iv) Except stipulated in the preceding item, those satisfying a standard stipulated by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, and Posts and Telecommunications as having no influence on fairness of technical regulations conformity certification service.
v) The designation shall not harm the proper and assured execution of the technical regulations conformity certification service related to the category of the application.
(2) When an applicant of paragraph (2) of the preceding article falls under any of the following items, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall not designate the applicant as a designated certified agency:
i) Any person who has been sentenced for a crime provided for under this Law, if a period of two years has not elapsed since the day when the sentence was served out or the stay of execution was granted.
ii) Any person whose designation was revoked in accordance with the provisions of Article 38- 14 paragraph (1) or (2), if a period of two years has not elapsed since the day of revocation.
iii) When the applicant is a juridical person, any of whose officers falls under any of the preceding two items.
(Renewal of Designation)
Article 38-3-2.
(1) Designation of a designated certification agency shall, if the agency does not renew within every five to ten years specified in the applicable cabinet order, lose validity by passage of the period.
(2) The provisions of Article 38-2 paragraph (2) and the preceding article shall apply, mutatis mutandis, to the renewal of designation under the preceding paragraph.
(Public Notice of Designation, Etc.)
Article 38-4.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when designating a designated certification agency, issue a public notice of the name and address of the designated certification agency, category of the designation, address of the office where the technical regulations conformity certification service is conducted, and the commencement day of technical regulations conformity certification.
(2) A designated certification agency shall, when changing its name or address, or address of the office where the technical regulations conformity certification service is conducted, notify the Minister of Public Management, Home Affairs, Posts and Telecommunications of this at latest two weeks prior to the day of the change.
(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when receiving a notification in accordance with the provisions of the preceding paragraph, issue the public notice to the fact.
(Obligation, Etc. Related to Technical Regulations Conformity Certificate)
Article 38-5.
(1) A designated certification agency shall, when requested to grant technical regulations conformity certification, conduct without delay examinations for technical regulations conformity certification unless there is a due reason not to do so.
(2) A designated certification agency shall, when granting technical regulations conformity certification, use measuring equipment, etc. specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # and order a person who has the qualifications (hereinafter referred to as "certification examiner") specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications ## to conduct the examinations.
# The Ordinance Concerning Technical Regulations Conformity Certification of Specified Radio Equipment, Article 11.
## The Ordinance Concerning Technical Regulations Conformity Certification of Specified Radio Equipment, Article 12.
(Appointment and Discharge of Officers, Etc.)
Article 38-6.
(1) When appointing or discharging its officer or certification examiner, a designated certification agency shall notify without delay the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2) When a certification examiner of a designated certification agency has contravened this Law, the orders based on this Law or administrative dispositions thereof or the operational rules of Article 38-8 paragraph (1), the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the designated certification agency to discharge the officer or certification examiner.
(Obligation, Etc. to Preserve Secrecy)
Article 38-7.
(1) Any officer (where a designated certification agency which is not a juridical person, those who have obtained designation of a designated certification agency. The same shall apply to the following paragraph and Article 110-2, and Article 113-2.) or staff (including certification examiner) of a designated certification agency, or any person who was in such a position, shall not divulge any secret known with respect to technical regulations conformity certification service.
(2) Any officer or staff (including certification examiner) of a designated certification agency who is engaged in technical regulations conformity certification service shall be deemed to be a person engaged in public service in accordance with laws and ordinances with respect to the application of the Criminal Code (Law No. 45 of 1907) and other penal provisions.
(Operational Rules)
Article 38-8.
(1) A designated certification agency shall establish its operational rules related to the execution of the technical regulations conformity certification service specified in the ordinances of the Ministry of Public Management, Home Affairs, Posts and Telecommunications # and shall obtain authorization from the Minister of Public Management, Home Affairs, Posts and Telecommunications. The same shall apply when such rules are to be revised.
# The Ordinance for State Examinations for Radio Operators Qualifications and Radio Operator Licenses, Articles 20-7 and 20-8 and the Ordinance concerning technical regulations conformity certification of Specified Radio Equipment, Article 15.
(2) When determining that the operational rules authorized in accordance with the preceding paragraph have become inappropriate for the proper and assured execution of the technical regulations conformity certification service, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the designated certification agency to revise the rules.
(Business Plan, Etc.)
Article 38-9.
(1) A designated certification agency shall formulate its business plan and its revenues and expenses budget for each business year, and shall submit them to the Minister of Public Management, Home Affairs, Posts and Telecommunications prior to the commencement of that business year (for the business year during which the designated certification agency is designated, without delay after the designation). The same shall apply to the case where they are to be revised.
(2) A designated certification agency shall formulate its annual report and report on the final accounts for each business year, and shall submit them to the Minister of Public Management, Home Affairs, Posts and Telecommunications within three months after the end of that business year.
(Installation, Etc. of Account Book)
Article 38-10.
A designated certification agency shall, in accordance with the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, install and preserve an account book, on which particulars related to the technical regulations conformity certification service and specified in theapplicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications #, are entered.
# The Ordinance for State Examinations for Radio Operators' Qualifications and Radio Operator Licenses, Article 20-10 and the Ordinance concerning technical regulations conformity certification of Specified Radio Equipment, Article 18.
(Supervisory Orders)
Article 38-11.
When determining that it is necessary to enforce this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may grant a designated certification agency orders necessary for the supervision with respect to the technical regulations conformity certification service.
(Reports and On-the-Spot Inspection)
Article 38-12.
(1) When determining that it is necessary to enforce this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order the designated certification agency to report on the status quo of the technical regulations conformity certification service, or order the ministerial staff to enter the office of the designated certification agency to inspect the state of the service, equipment, account books, documents and other articles.
(2) Any ministerial staff who conducts the on-the-spot inspection in accordance with the provisions of the preceding paragraph shall carry an identification card and upon request shall show it to the person concerned.
(3) The power of the on-the-spot inspection under of the provisions of paragraph (1) shall not be construed as legitimate for the purpose of criminal investigation.
(Suspension and Discontinuation of Service)
Article 38-13.
(1) A designated certification agency shall not suspend or discontinue a part or the whole of its technical regulations conformity certification service unless obtaining the permission of the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2) When granting the permission of the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice on the fact.
(Revocation, Etc. of Designation)
Article 38-14.
(1) When a designated certification agency has come to fall under any of the items (except item ii)) of Article 38-3 paragraph (2), the Minister of Public Management, Home Affairs, Posts and Telecommunications shall, revoke its designation.
(2) Where a designated certification agency falls under any of the following items, the Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke its designation or suspend a part or the whole of its technical regulations conformity certification service for a specified period:
i) When contravening the provisions of this Chapter.
ii) When determined not to satisfy any of respective items (except item v)) of Article 38-3 paragraph (1).
iii) When contravening an order in accordance with the provisions of Article 38-6 paragraph (2), Article 38-8 paragraph (2) or Article 38-11.
iv) When conducting technical regulations conformity certification service not based on the operational rules authorized in accordance with the provisions of Article 38-8 paragraph (1).
v) When obtaining the designation through illegal means.
(3) When revoking the designation in accordance with the provisions of paragraph (1) or the preceding paragraph, or ordering to suspend a part or the whole of technical regulations conformity certification service in accordance with the provisions of the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice to the fact.
(Execution of Technical Regulations Conformity Certification Service by the Minister of Public Management, Home Affairs, Posts and Telecommunications)
Article 38-15.
(1) When a designated certification agency has suspended a part or all of technical regulations conformity certification service in accordance with the provisions of Article 38-13 paragraph (1), or the Minister of Public Management, Home Affairs, Posts and Telecommunications has ordered a designated certification agency to suspend a part or all of technical regulations conformity certification service in accordance with the provisions of paragraph (2) of the preceding article, or the Minister determines necessary where a designated certification agency has fallen into difficulties in executing a part or all of technical regulations conformity certification service due to a natural disaster or any other reason, the Minister shall execute by himself/herself a part or all of technical regulations conformity certification service, regardless of the provisions of Article 38-2 paragraph (3).
(2) When executing technical regulations conformity certification service in accordance with the provisions of the preceding paragraph or discontinuing to execute technical regulations conformity certification service in accordance with the provisions of the same paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall issues a public notice.
(3) Where the Minister of Public Management, Home Affairs, Posts and Telecommunications has determined to execute technical regulations conformity certification service in accordance with the provisions of paragraph (1), and the Minister has permitted a designated certification agency to discontinue technical regulations conformity certification service in accordance with the provisions of Article 38-13 paragraph (1), or the Minister has revoked the designation in accordance with the provisions of paragraph (1) or (2) of the preceding article, the succession of technical regulations conformity certification service and other necessary particulars are specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications.
(Attestation of the Type Related to Specified Radio Equipment)
Article 38-16.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications or a designated certification agency, upon application, shall attest that the type of specified radio equipment (including the method to verify that the specified radio equipment satisfies relevant type; the same shall apply in paragraph (5) and paragraph (6) of the following article.) satisfies the technical regulations specified in the preceding Chapter.
(2) Any person in foreign countries who deals with specified radio equipment which will be used in Japan (hereinafter referred to as "foreign dealer") can apply for the attestation of the preceding paragraph.
(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications or a designated certification agency shall, upon receipt of an application of paragraph (1), conduct an examination in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, and shall attest in accordance with the same paragraph only when determining that the type satisfies the technical regulations specified in the preceding Chapter and that any and all specified radio equipment based on the type is ensured to conform with relevant type.
(4) A part of the examination of the preceding paragraph may be omitted when the application of paragraph (1) is accompanied with documents on which the results of an inspection related to the attestation conducted in accordance with the provisions of the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications by a person attested under Article 24-2 paragraph (1) or Article 24-9 paragraph (1) to inspect specified radio equipment based on type related to the application are entered.
(5) Any specified radio equipment based on the type related to the attestation of paragraph (1) and bearing the label specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications attached by a person who obtained aforementioned attestation shall be treated as one that has obtained technical regulation conformity certification.
(6) When determining necessary for the enforcement of this Law, the Minister of Public Management, Home Affairs, Posts and Telecommunications may order those who have obtained attestation of paragraph (1) to report on the specified radio equipment, or the ministerial staff to enter the offices and inspect their specified radio equipment and other articles.
(7) The Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke an attestation when determining that the type related to the attestation of paragraph (1) does not satisfy the technical regulation specified in the preceding Chapter or when any specified radio equipment based on the aforementioned type is not ensured to be in conformity with the aforementioned type.
(8) In addition to the provisions of the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke attestation when the foreign dealer who has obtained the attestation of paragraph (1) under any of the following items:
i) When a report is not submitted or a false report is submitted where the Minister of Public Management, Home Affairs, Posts and Telecommunications forces the aforementioned foreign dealer to report in accordance with the provisions of paragraph (6).
ii) When the foreign inspector refuses, hinders with, or evades the inspection, where the Minister of Public Management, Home Affairs, Posts and Telecommunications forces the ministerial staff to inspect the office of aforementioned foreign dealer in accordance with the provisions of paragraph (6).
(9) Where a designated certification agency conducts the attestation service of paragraph (1), when the provisions of Article 38-2 paragraph (3), Article 38-5, Article 38-7, Article 38-8, Article 38-10, Article 38-11, Article 38-12 paragraph (1), Article 38-13 paragraph (1), Article 38-14 paragraph (2) and (3), and Article 38-15 apply, "technical regulations conformity certification" in Article 38-2 paragraph (3) shall be read as "technical regulations conformity certification and the attestation of Article 38-16 paragraph (1)"; "technical regulations conformity certification" in Article 38-5 and Article 38-10 shall be read as "technical regulations conformity certification or the attestation of Article 38-16 paragraph (1)"; "technical regulations conformity certification service" in Article 38-7, Article 38-8, Article 38-11, Article 38-12, Article 38-13 paragraph (1) and Article 38-14 paragraph (2) and (3) shall be read as "technical regulations conformity certification service and the attestation service of Article 38-16 paragraph (1)"; "technical regulations conformity certification service" in Article 38-15 shall be read as "technical regulations conformity certification service and the attestation service in paragraph (1) of the following article."
(10) The provisions of paragraph (2) and (3) of Article 38-12 shall apply, mutatis mutandis, to the on-the-spot inspection of the provisions of paragraph (6).
(Recognized Certification Body)
Article 38-17.
(1) When receiving an application of any person who conducts inspection and testing of radio equipment in foreign countries based on a radio inspection system under foreign statute which is similar to the technical regulations conformity certification system, and who wishes to conduct certification that specified radio equipment dealt with by foreign dealers to be used in Japanese territory satisfies the technical regulations specified in the preceding Chapter, the Minister of Public Management, Home Affairs, Posts and Telecommunications may certify it according to categories specified in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications referred to in Article 38-2 paragraph (2).
(2) The specified radio equipment which has obtained certification of the preceding paragraph by the person certified under the provisions of the same paragraph (hereinafter referred to as "recognized certification body") shall be regarded as specified radio equipment which has obtained technical regulations conformity certification.
(3) The recognized certification body shall report without delay to the Minister of Public Management, Home Affairs, Posts and Telecommunications when suspending or abolishing a part or all of the certification service of paragraph (1).
(4) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall issue a public notice upon receipt of the report in accordance with the preceding paragraph.
(5) The provisions of Article 38-2 paragraph (4) through (6) shall apply, mutatis mutandis, to the certification of paragraph (1) by a recognized certification body; the provisions of Article 38-3 (except paragraph (1) item v)) and Article 38-4 paragraph (1) shall apply, mutatis mutandis, to the certification by the Minister of Public Management, Home Affairs, Posts and Telecommunications in accordance with paragraph (1); the provisions of paragraph (2) and (3) of the same article, Article 38-5, Article 38-8 and Article 38-10 through Article 38-12 apply, mutatis mutandis, to a recognized certification body. In this case, "The Minister of Public Management, Home Affairs, Posts and Telecommunications or the designated certification agency" in Article 38-2 paragraph (4) and (6) shall be read as "recognized certification body"; "paragraph (2) of the preceding article" in Article 38-3 shall be read as "Article 38-17 paragraph (1)"; "Article 38-14 paragraph (1) or (2)" shall be read as "Article 38-18 paragraph (1) or (2)"; "designated certification agency" in the same article and Article 38-4 paragraph (1) shall be read as "recognized certification body"; "technical regulations conformity certification" in Article 38-3 paragraph (1), Article 38-4 paragraph (1) and (2), Article 38-5, Article 38-8, Article 38-10, Article 38-11, and Article 38-12 paragraph (1) shall be read as "certification of Article 38-17 paragraph (1)"; "a person who has the qualification (hereinafter referred to as "certification examiner")" in Article 38-5 paragraph (2) shall be read as "a person who has the qualification"; "order" in Article 38-8 paragraph (2) shall be read as "request"; "orders necessary for the supervision" in Article 38-11 shall be read as "necessary request".
(6) A recognized certification body may attest, upon receipt of an application of a foreign dealer, that the type of the specified radio equipment which will be used in Japan satisfies technical regulations specified in the preceding Chapter.
(7) Where a recognized certification body conducts the attestation service of the preceding paragraph, when paragraph (3) and paragraph (5) apply, "certification service" in paragraph (3) shall be read as " certification service and the attestation service of paragraph (6)"; "Article 38-4 paragraphs (1) and (2)" in paragraph (5) shall be read as " "technical regulations conformity certification" in Article 38-4 paragraphs (1) and (2) shall be read as "the certification of Article 38-17 paragraph (1)""; "Article 38-8, Article 38-10, Article 38-11, and Article 38-12 paragraph (1)" shall be read as "Article 38-10"; "the certification of" shall be read as "the certification or the attestation of paragraph (6) of the same article"; "Article 38-8 paragraph (2)" shall be read as ""technical regulations conformity certification" in Article 38-8, Article 38-11, and Article 38-12 paragraph (1) shall be read as "the certification service of Article 38-17 paragraph (1) and the attestation of Article paragraph (6) of the same article," and Article 38-8 paragraph (2)".
(8) The provisions of paragraph (3) through paragraph (5) of the preceding article shall apply, mutatis mutandis, to the attestation of paragraph (6) by the recognized certification body; the provisions of paragraph (6) of the same article shall apply, mutatis mutandis, to the acceptance of the report and on-the-spot inspection by the Minister of Public Management, Home Affairs, Posts and Telecommunications which is related to the specified radio equipment in accordance with the certification of paragraph (6); The provisions of paragraph (7) and (8) of the same article shall apply, mutatis mutandis, to the revocation of certification of paragraph (6) by the Minister of Public Management, Home Affairs, Posts and Telecommunications. In this case, "The Minister of Public Management, Home Affairs, Posts and Telecommunications or the designated certification agency shall, upon receipt of an application of paragraph (1)" in paragraph (3) of the same article shall be read as "The recognized certification body shall, upon receipt of an application of paragraph (6) of the following article"; "the application of paragraph (1)" in paragraph (4) of the same article shall be read as "the application of paragraph (6) of the following article".
(Revocation of Certification)
Article 38-18.
(1) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall revoke a certification when the recognized certification body has lost the status in its own country, which is provided in paragraph (1) of the preceding article, or when it falls under the provisions of Article 38-3 paragraph (2) item i) or item iii) which apply, mutatis mutandis, to paragraph (5) of Article 38-17.
(2) The Minister of Public Management, Home Affairs, Posts and Telecommunications may revoke the certification when the recognized certification body falls under any of the following items:
i) When contravening the provisions of paragraph (3) of the preceding article, or the provisions of Article 38-4 paragraph (2), Article 38-5, Article 38-8 paragraph (1) or Article 38-10, which shall apply, mutatis mutandis, to paragraph (5) of Article 38-17.
ii) When determined not to satisfy any of each item of Article 38-3 paragraph (1) (except item v)), which applies, mutatis mutandis, to paragraph (5) of the preceding article.
iii) When conducting service not based on the operational rules authorized by the provision of Article 38-8 paragraph (1) which shall apply, mutatis mutandis, to paragraph (5) of the preceding article.
iv) When not responding to the order under the provisions of Article 38-8 paragraph (2) or Article 38-11, which shall apply, mutatis mutandis, to paragraph (5) of the preceding article.
v) When obtaining the certification through illegal means.
vi) When a report is not submitted or a false report is submitted, where the Minister of Public Management, Home Affairs, Posts and Telecommunications forces the recognized certification body to report in accordance with the provisions of Article 38-12 paragraph (1) which shall apply, mutatis mutandis, to paragraph (5) of the preceding article.
vii) When the recognized certification body refuses, hinders with, or evades the inspection, where the Minister of Public Management, Home Affairs, Posts and Telecommunications orders the ministerial staff to inspect the office of the recognized certification body in accordance with the provisions of Article 38-12 paragraph (1) which applies, mutatis mutandis, to paragraph (5) of the preceding article.
(3) The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, when revoking the certification in accordance with the provisions of the preceding two paragraphs, issue a public notice on the fact.