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アジア(Asia)
日本国-2    Japan        日本国籍法の英訳
 
 

日本の国籍法令

 以下はsaini-officeの独自の英訳です。


The Japanese Nationality Act
 (Act No.147 of 1950, as amended by Act No.268 of 1952, Act No.45 of 1984 ,Act No.89 of 1993,Act No.88 of 2008,Act No.70 of 2014and Act No.59 of 2018)


Article 1 (Purpose of this Act)
Acquisition, loss and reacquisition of  the nationality of the Japan shall be  subject to the provisions of this Act.


Article 2 (Acquisition of nationality by birth)
A person shall have the nationality of the Japan under any of the conditions provided by the following subparagraphs:
(1) When at the time of his/her birth , his/her father or the mother is a Japanese national;
(2) When his/her father who died prior to the birth of the person was a Japanese national at the time of  death;
(3) When both parents are unknown or have no nationality in a case where the person is born in Japan.


Article 3 (Acquisition of nationality by recognition)
A person (excluding a person who was once a Japanese national) under twenty years who was recognized by father/mother , may acquire Japanese nationality by making notification to the Minister of Justice, if the father/mother who has effected the recognition was, at the time of the person's birth, a Japanese national and such father/mother is presently a Japanese national or was, at the time of his/her death, a Japanese national.

2. A person who makes notification in accordance with the preceding paragraph shall acquire Japanese nationality at the time.


Article 4 (Naturalization)
A person who is not a Japanese national (hereinafter referred to as “foreigner”) may acquire Japanese nationality by naturalization.

2. The permission of nationalization by the Minister of Justice shall be obtained.


Article 5
The Minister of Justice shall not permit the naturalization of foreigner unless he/she fulfills all of the following subparagraphs:
(1) He/She has domiciled in Japan for five years or more consecutively;
(2) He/She is twenty years or more and of full capacity according to his/her national law;
(3) His/Her behavior is good;
(4) He/She or spouse/relative with the same livelihood is able to secure by  property or ability;
(5) He/She has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality;
(6) He/She has never plotted or advocated, or formed or belonged to a political party or other organization which has plotted or advocated the overthrow of the Japanese Constitution o or the Government on its basis, since the enforcement of the Japanese Constitution.

2. When foreigner is, regardless of his/her intention, unable to deprive himself/herself of his/her current nationality, the Minister of Justice may permit the naturalization of the foreigner, notwithstanding that the foreigner does not fulfill the conditions set forth in subparagraph (5) , if the Minister of Justice finds special circumstances in his/her family relationship with a Japanese national.


Article 6
The Minister of Justice may permit the naturalization of foreigner notwithstanding that the foreigner does not fulfill the condition set forth in subparagraph (1) of paragraph 1, provided that the said foreigner falls under any one of the following subparagraphs, and is presently domiciled in Japan:
(1) He/She has had a domicile or residence in Japan for three consecutive years or more and who is the person who was a Japanese national (excluding a person by adoption);
(2) He/She was born in Japan and who has had a domicile or residence in Japan for three consecutive years or more, or whose father/mother (excluding father/mother by adoption) was born in Japan;
(3) He/She has had a residence in Japan for ten consecutive years or more.


Article 7
The Minister of Justice may permit the naturalization of foreigner who is the spouse of a Japanese national notwithstanding that the applied foreigner does not fulfill the conditions set forth in subparagraphs (1) and (2) of paragraph 1 of Article 5, if the applied foreigner has had a domicile or residence in Japan for three consecutive years or more and is presently domiciled in Japan. The same rule shall apply in the case where foreigner who is the spouse of a Japanese national has been married with the Japanese national for three years or more and has had a domicile in Japan for one consecutive year or more.


Article 8
The Minister of Justice may permit the naturalization of foreigner notwithstanding that the foreigner does not fulfill the conditions set forth in subparagraphs (1), (2) and (4) of paragraph 1 of Article 5, provided that the foreigner falls under any one of the following subparagraphs:
(1) He/She is a person (excluding a person by adoption) of a Japanese national and has a domicile in Japan;
(2) He/She is a person by adoption of a Japanese national and has had a domicile in Japan for one consecutive year or more and was a minor according to the law of its native nation at the time of the adoption;
(3) He/She has lost Japanese nationality (excluding he/she has lost Japanese nationality after naturalization in Japan) and has a domicile in Japan;
(4) He/She was born in Japan and has had no nationality since the time of birth, and has had a domicile in Japan for three consecutive years or more since then.


Article 9
The Minister of Justice may permit the naturalization of foreigner who has rendered especially meritorious service to Japan,  notwithstanding the provision of Article 5, paragraph 1, by the approval of the Diet.


Article 10
When permitting naturalization, the Minister of Justice must make an announcement to that effect by public notice in the Official Gazette.

2. The naturalization shall come into effect as from the date of the public notice under the preceding paragraph.



Article 11 (Loss of nationality)
A Japanese national shall lose Japanese nationality when he/she acquires a foreign nationality by his/her own choice.

2. A Japanese national having a foreign nationality shall lose Japanese nationality if he/she chooses the foreign nationality in accordance with the laws of the foreign nation concerned.



Article 12
A Japanese national who was born in a foreign nation and has acquired a foreign nationality by birth shall lose Japanese nationality retroactively as from the time of birth, unless the Japanese national clearly indicates his/her volition to reserve Japanese nationality according to the provisions of Koseki-hou (the Family Registration Act )(Act No.224 of 1947).



Article 13
A Japanese national having a foreign nationality may renounce Japanese nationality by submitting notice to the Minister of Justice.

2. The person who submitted notification in accordance with the preceding paragraph shall lose Japanese nationality at the time of the notification.




Article 14 (Choice of nationalities)
A Japanese national having a foreign nationality shall choose either of the nationalities before he/she reaches twenty two years if he/she has acquired both nationalities on and before the day when he/she reaches twenty years or, within two years after the day when he/she acquired the second nationality if he/she acquired such nationality after the day when he/she reached twenty years.

2. Choice of Japanese nationality shall be made either by depriving himself/herself of the foreign nationality or by the declaration provided for in the Family Registration Act in which he/she swears he/she chooses to be a Japanese national and he/she renounces the foreign nationality (hereinafter referred to as “declaration of choice ”).



Article 15
The Minister of Justice may require by notification a Japanese national having a foreign nationality who fails to choose Japanese nationality within the period prescribed in paragraph 1 of the last preceding Article to choose one of the nationalities he/she possesses.

2. The notification provided for in the preceding paragraph may be made by means of announcement thereof in the Official Gazette, in the case where the person who is to receive the notification is missing or in any other circumstances where it is impossible to send the notification to the person concerned. In this case, the notification shall be deemed to reach the person concerned on the day following the day when the announcement is made in the Official Gazette.

3. The person to whom the notification has been sent in accordance with the preceding two paragraphs shall lose Japanese nationality at the expiration of one month after the day he/she receives the notification, unless he/she chooses Japanese nationality within such period. This shall not, however, apply in the case where the person concerned is unable to choose Japanese nationality within such period due to a natural calamity or any other cause not imputable to him/her and he/she has made such choice within two weeks after he/she has become able to do so.



Article 16
A Japanese national who has made the declaration of choice shall work to deprive himself/herself of the foreign nationality.

2. In the case where a Japanese national who has made the declaration of choice but still possesses a foreign nationality has voluntarily taken public office in the foreign nation (excluding an office which a person not having the nationality of such nation
 is able to take), the Minister of Justice may declare that he/she shall lose Japanese nationality, if the Minister finds that taking such public office would substantially contradict his/her choice of Japanese nationality.

3. The hearing concerning the declaration under the  preceding paragraph shall be conducted publicly.

4. The declaration provided for in paragraph 2 of this Article shall be made by public notice in the Official Gazette.

5. The person against whom the declaration has been made under paragraph 2 of this Article shall lose Japanese nationality on the day of the public notification under the preceding paragraph.



Article 17 (Reacquisition of nationality)
A person under twenty years who has lost Japanese nationality in accordance with Article 12 may reacquire Japanese nationality by making notification to the Minister of Justice if he/she has a domicile in Japan.

2. A person who has received a notice under paragraph 2 of Article 15 and has lost Japanese nationality under paragraph 3 of the applied Article may reacquire Japanese nationality by making notification to the Minister of Justice within one year after he/she has become aware of the fact he/she has lost Japanese nationality, if he/she fulfills the condition set forth in subparagraphs (5) of paragraph 1 of Article 5. However, in the case where he/she is unable to make notification within the period due to natural calamity or any other cause not imputable to him/her, such period shall be one month after he/she becomes able to do so.

3. The person who has made notification in accordance with the preceding two paragraphs shall acquire Japanese nationality at the time of the notification.



Article 18 (Notification, etc., by legal representative)
In the case where the person who intends to acquire, choose or renounce nationality is under fifteen years, notification of the acquisition of nationality under Article 3, paragraph 1 or Article 17, paragraph 1, the application for naturalization permission, the declaration of choice or the notification of renunciation of nationality shall be made by the person's legal representative on his/her behalf.



Article 18-2 (Exclusion from Administrative Procedure Act)
Notification under the provisions of Article 15, paragraph 1 cannot be applied to Administrative Procedure Act( Act No.88 of 1993).the provisions of Article 36-3,


Article 19 (Prescript of Ministerial ordinance)
The procedures concerning the acquisition , renunciation of nationality or other rules necessary to enforce this Act shall be prescribed in the Ordinance of the Ministry of Justice,  except as provided for in this Act.


Article 20 (Penal regulations)
Any person who makes false notification under paragraph 1 of Article 3 shall be punished penal servitude  for not more than 1 year or a fine not exceeding  200,000 yen.

2. The crime of the foregoing paragraph shall follow the cases Article 2 of Penal Code of Japan (Act No.45 of 1907).
 
 
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