2009 Nationality Law revisions
Acknowledgement no longer conditioned by legitimacy
By William Wetherall
First posted 1 July 2009
Last updated 5 July 2023
Court-mandated revision
Articles 3 and 20
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Impact on family law
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Legitimacy issues
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Acknowledgement issues
Retroactivity
Transitional measures
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MOJ transitional measures table
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Transitional measures articles
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Post-revision statistics
Two translations
Ministry of Justice website version
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Japanese Law Translation database version
Nationality Law
Promulgation
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Revision history
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Purpose
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By birth
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By acknowledgement
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Naturalization
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Loss
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Choice
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Reacquisition
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Notifications by legal proxy
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Ministerial ordinances
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Penal provisions
Supplementary provisions
1950 law
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1952 revisions
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1985 revisions
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1994 revisions
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2005 revisions
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2009 revisions
Only the Japanese version of the Nationality Law has legal currency. The English versions shown below are either a received translation, which may be faulty, or my own structural translation, which attempts to reflect the phrasing and usage in the Japanese text by way of commenting on the meaning of the law.
Court-mandated revision
What I am calling the "2009 Nationality Law" was not a new law but a revision of the 1950 law, the most substantial amendments to which had come into effect in 1985.
Compared with the 1984 revisions which came into effect from 1985, the revisions made in 2008, effective from 2009, were simple yet no less significant as a change in family law as reflected in the Nationality Law.
The main impetus for the 1985 revisions, though made during a certain amount of controversy stirred by on-going court cases, was legislative commitment to revise all national laws that would conflict with the provisions of a United Nations convention concerning the elimination of discrimination against women, which Japan had signed and intended to ratify.
The 2009 revisions, however, were in direct response to a 2008 Supreme Court decisions which virtually mandated that the government to revise the Nationality Law in order to accommodate the claim of the Filipino subjects in the case that they should have Japanese nationality through paternal recognition even though the Japanese fathers were not married to the Filipino mothers.
See Filipinos v. State, 2003-2008: Legitimacy distinction is unconstitutional for an overview of the 2008 Supreme Court decision which prompted the revision of Article 3.
The issue on which the Supreme Court ruled was not, of course, a Filipino issue, but one that affected every child fathered by a Japanese man, and born to an alien women without paternal recognition prior to or at the time of birth. Accordingly, the Nationality Law, which concerns only the nationality of Japan, was revised to allow acquisition of Japanese nationality through either paternal or maternal recognition before a child's 20th birthday.
Articles 3 and 20
Article 3, which dated from 1985, was revised, and Article 20 was added to provide fines for making fraudulent claims under the revised article.
Article 3 originally concerned only acquisition of nationality by recognition, after birth, in association with legitimation (準正 junsei). The revision dropped the condition of the child becoming legitimate through the marriage of its recognizing parents, and thus became an article concerning the acquisition of nationality by an acknowledged child (認知された子 ninchi sareta ko).
Impact on family law
The revision of Article 3 was exceedingly simple. The ruling of the court was accommodated merely by deleting the condition of legitimacy and rewriting the contextual phrases without changing the other conditions.
While this revision constitutes an important relaxation in the conditions for acquiring nationality, it is more significant as a change in family law concerning the effect of a child's legitimacy on its legal status. The condition of recognition by either father or the mother, a carryover from the 1985 law, is also pregnant with meaning.
Legitimacy issues
The term 準正 (junsei) or "legitimacy" appears nowhere in the Family Register Law. It appears only as a heading of Article 789 in the Civil Code, which states that (1) "a child who the father has recognized acquires the status of wedlock-issue child due to the marriage of its parents" and (2) "a child who during a marriage the father and mother have recognized from the time of the recognition acquires the status of a wed-lock issue child" (my translation of article as revised by Law No. 147 of 2004).
Both the Civil Code and the Family Register Law use the term 嫡出 (chakushutsu) to mean "proper-wife issue" by way of differentiating a "wedlock-issue child" (嫡出子 chakushutsu-shi) from "a child not of wedlock-issue" (嫡出でない子 chakushutsu de nai ko). In popular usage (but not in these two laws), the latter expression is more commonly reduced to 非嫡出子 (hi-chakushutsu-shi) or "non-wedlock-issue child".
Today family law in Japan is strictly monogamous. So because a "proper wife" is now the woman to whom a man is legally married, the term 嫡出 implies "legitimate issue" and hence the two statuses of children are commonly translated as "legitimate child" and "illegitimate child".
In earlier times and laws, some men were permitted concubines or mistresses but one woman could be a "proper" or "principal" wife, and the children he sired with this wife had superior rights of succession and inheritance. The legacy of this distinction continues to weigh heavily on the "equality" of out-of-wedlock children who, though recognized, have inferior rights to their in-wedlock siblings.
The continuing controversy over the concept of "legitimacy" will eventually lead to revisions in the Civil Code and in turn the Family Register Law. In the meantime, the Nationality Law now effects the acquisition of status in a Japanese family register, hence Japanese nationality, on the strength of only parental recognition -- but, significantly, the recognition of either the mother or father.
Acknowledgement issues
Both the Civil Code and the Family Register Law multiple-article sections devoted to 認知 (ninchi) or "recognition" -- now more commonly called "acknowledgement" -- by a parent. Note, in fact, the shift from the use of "recognition" to "acknowledgement" in the received English Ministry of Justice versions of the 1985 and 2009 Nationality Laws.
Japanese courts have conventionally taken birth itself -- the issue of a child from a woman's womb -- as prima facie evidence of her maternity. Hence "recognition" has been regarded as a matter of a man's acknowledgement of paternity.
Today, however, a woman may wish to recognize as hers a child born to a surrogate mother, regardless of who provided the ovum -- the recognizing woman, the surrogate mother, or a third party. On 23 March 2007, the Supreme Court ruled against a Japanese couple involved in a high-profile surrogate case in which the woman and the man had provided the ovum and sperm.
The ovum was inseminated in vitro and implanted in the womb of an American woman, who gave birth to twins in the United States. The couple obtained a US passport for the children and brought them back to Japan as Americans.
The couple attempted to file a notification of birth in order to have the children entered in their family register as their actual children (実子 jisshi) but the ward office balked and the Ministry of Justice did not give the couple the options they wanted. A series of legal actions, beginning with a petition of the Tokyo Family Court before the couple filed suit in the Tokyo District Court, resulted in unfavorable decisions in all courts except the Tokyo High Court, which ruled in their favor on appeal.
The Supreme Court decision, which quashed the High Court's ruling, accepted the state's argument but urged the government to take legislative action to address the issues being raised by present-day reproductive technology and parental choices.
Retroactivity
There was little disagreement in the halls of government that the Nationality Law had to be amended to accommodate the Supreme Court's ruling. There was, however, some heated discussion in the Diet and in judiciary committees about recent increases in bogus marriages and false recognition claims prior to a child's birth. A number of lawmakers and others expressed concern that revising Article 3 would encourage more fraud since a child's parents would not have to be married.
Penalties for fraudulent claims
A political compromise was struck by writing penal provisions directly into the revised law. For the first time ever, the law itself now stipulated penalties -- specifically for making fraudulent claims when filing notifications of recognition under Article 3 as revised from 2009.
The Ministry of Justice has also been issuing strong advisories that nationality acquisition notifications will be very carefully screened -- and woe betide anyone caught lying.
See Nationality law abuse and fraud: Exploitation of blood and soil "birthright" principles for a look at the variety of issues that are causing some states to tighten their nationality laws.
Filing notifications
All persons who would directly qualify under Article 3 of the Nationality Law as revised effective from 1 January 2009, and those who would qualify for retroactive consideration under transitional measures in the supplementary provisions to the law revising the Nationality Law, must apply at local or regional Legal Affairs Bureaus if in Japan, or the a Japanese embassy or consulate if outside Japan.
Those filing notifications on or after 1 January 2009 must be less than 20 years of age at the time they file the notification. This condition remains unchanged from the original Article 3 as introduced in the 1985 law.
Those filing for retroactive consideration under transitional measures have until 31 December 2011 to do so. Such persons, who could have been born as early as 2 January 1983, are qualified for consideration so long as they had been acknowledged by their Japanese parent -- typically their father but also possibly their mother -- before they reached their 20th birthday.
In other words, in the case of those qualified for retroactive consideration, someone has to have filed a notification of acknowledgement prior to the date of enforcement of the revised law. The condition of acknowledgement, introduced in the 1985 law, remains unchanged in the 2009 law.
Qualified persons apply on their own behalf if 15 years of age or older. A qualified person under 15 years of age has to apply by proxy of a parent or other qualified legal representative.
Supporting documents
While the notification form itself will be a single page of paper, a number of supporting documents will be required, including (1) proof of the acknowledging parent's family register [Japanese nationality] status at the time of the person's birth, (2) a birth certificate or other proof of birth, (3) a statement describing the course of events that led to acknowledgement [after the person's birth], (4) a statement describing the relationship between the mother and father during the period that the mother was carrying the person who is seeking to acquire [Japanese] nationality, and (5) other materials as needed to recognize the parent-child relationship.
Only (1) and (2) are required in cases where acknowledgement has already been established by court of law. In other cases, reasons must be given for being unable to submit items (3) and (4).
Transitional measures
Several transitional measures (経過装置 keika sōchi) provide various criteria for retroactive regard of the Supreme Court's ruling that it was unconstitutional to impose a condition of legitimacy on the acquisition of Japanese nationality through parental recognition.
Compared with the utter simplicity of the revision made to Article 3, the transitional measures, as set down in the supplementary provisions, are a study in legalese at that seems to value precise specification of what parts of what laws will apply within the hierarchy of laws, over clarification of the effects of the revision and retroactive measures in terms who will be affected.
Laws written in legalese create a demand for government and commercial explanatory material. No sooner had bureaucrat lawmakers written the transitional measures related to the revision of Article 3 in the Nationality Law, that Ministry of Justice staff began cranking out informational material for paper and web publication.
Ministry of Justice publicity
The Ministry of Justice has posted a lot of information on its website related to the 2009 revision in the Nationality Law. Attempts to clarify future and retroactive effects of the revision, however, are somewhat overshadowed by the emphasis that MOJ's website seems to place on discouraging fraudulent claims.
The explanatory materials include Japanese and English language versions of a colorful one-sheet, two-page guide that attempts to clarify the main features of the amended law and its transitional measures -- which the English version calls an "interim measure". There is, however, nothing singular about the supplementary provisions, which constitute a truly convoluted set of measures and provisos within loopy measures and provisos.
Ministry of Justice transitional measures table
Here is how MOJ's one-sheet, two-page Japanese and English guides have represented (as of July 2009) the classifications of people who qualify for retroactive consideration with regard to the revision of Article 3 from 1 January 2009. The overarching title of the table is mine, as are the structural translations and notes.
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Transitional measures for acquiring Japanese nationality on the basis of prior notifications that would qualify under Article 3 as revised from 1 January 2009 |
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経過装置による国籍取得 [Japanese] nationality acquisition by transitional measures Acquisition of nationality through this interim measure |
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| MOJ Japanese | Structural translation | MOJ English |
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次の条件に該当する方は、平成２３年１２月３１日までに法務大臣に届け出ることによって、日本の国籍を取得することができます。 |
Persons who meet the following conditions, by notifying the Minister of Justice by 31 December 2011, shall be able to acquire the nationality of Japan. |
If you fulfill the following conditions you will be able to acquire Japanese nationality by notifying the Minister of Justice by December 31, 2011. |
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１. 昭和５８年１月２日以降に生まれた方で、生まれた時に父が日本人であり、２０歳に達するまでにその父に認知された方 |
1. A person who was born on or after 2 January 1983, and who at the time [the person] was born the [person's] father was Japanese, and who prior to reaching the age of 20 was recognized by the father |
1. You were born on or after January 2, 1983, your father was a Japanese national at the time of your birth, and you were legally acknowledged by your father before you reached 20 years of age. It is also required that your father is still a Japanese national at present (or was at the time of death if your father is deceased). |
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Note The above category -- the broadest of all categories of persons qualified for retroactive consideration -- is defined by Paragraph 1 of Article 4 of the supplementary provisions. Its defining condition, other than the earliest date that one can have been born, is that one was acknowledged before turning 20. Paragraph 2 of Article 4 stipulates that nationality will be acquired by a qualified person on the date the person files a notification for acquisition of nationality, during the 3-year period from 1 January 2009 to 31 December 2011. |
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２. 平成２０年６月４日までに国籍取得の届出をしたが、父母が結婚していなかったため、日本の国籍を取得できなかった方 |
2. Persons who effected a notification of [Japanese] nationality acquisition by 4 June 2008, but because their father and mother were not married, were unable to acquire the nationality of Japan. |
2. You submitted a notification to acquire nationality by June 4, 2008, but could not acquire nationality at the time due to your parents' unmarried status. |
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Note This category, which reflects Paragraph 1 of Article 2 of the supplementary provisions, specifically covers persons who had filed a notification to acquire Japanese nationality, on the strength of acknowledgement by a Japanese parent, before 5 June 2008. Such persons are further divided into two categories, depending on the period during which they filed such a notification, and these subcategories determine the date they will be regarded as having become Japanese. Persons born between 1 January 1985 and 31 December 2002 will acquire nationality on the date of the notification they make between 1 January 2009 and 31 December 2011 (main clause of Paragraph 3 of Article 2). Persons born between 1 January 2003 and 4 June 2008 will acquire nationality from the date of the prior notification (proviso of Paragraph 3 of Article 2). |
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３. ２のうち平成１４年１２月３１日までに国籍取得届をしていた方の子 （親が経過装置による届出をして日本の国籍を取得した場合に限られます。） |
3. A child in 2. [above] of a person [parent] who had effected a [Japanese] nationality acquisition notification by 31 December 2002 |
3. You are a child of a person who submitted a notification to acquire nationality by December 31, 2002, but your parent could not acquire nationality at the time due to his/her parents' unmarried status. (In this case, your parent must first acquire Japanese nationality by filing the notification given in the interim measure.) |
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Note This category, which is based on Paragraph 1 of Article 5 of the supplementary provisions, provides what amounts to second-generation acquisition of nationality through a parent who had retroactively acquired nationality under the first subcategory of the second category (above) -- i.e., the parent was born between 1 January 1985 and 31 December 2002, and had previously filed a notification for acquisition of Japanese nationality. Qualified offspring of such persons will acquire nationality on the date they make notification between 1 January 2009 and 31 December 2011 (Paragraph 2 of Article 5). |
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Transitional measures articles
The order of the categories in the above table is different from the order of the relevant articles in the supplementary provisions. This is the first clue to the gap between legalese and clarity.
Despite the intent of the above table, however, it falls short of the standards of clarity that generally govern public notices in Japan. One gets the impression it was every bit as much a rush job as the supplementary provisions it attempts to untangle.
Articles 2, 4, and 5 of the supplementary provisions to the law revising the Nationality Law define three classes of persons who will benefit from retroactive consideration of Article 3 of the Nationality Law as revised from 1 January 2009. Article 3 of the supplementary provisions defines a subclass of Article 2.
In effect, then, there are at least four cohorts of people who will have a three-year window of opportunity in which to acquire nationality under the transitional measures.
Some qualifiers will acquire Japanese nationality from the date they had previously filed a notification of acknowledgement. Others will acquire nationality from the date they refiled a prior notification. Still others who previously filed a notification will acquire nationality from the date the revised law came into force.
Significance of dates
Most of the dates that appear in Ministry of Justice guidance concerning the transitional measures that came into effect from 1 January 2009 are not stipulated in the measures. The measures themselves stipulate only two dates -- 1 January 2003 and 5 June 2008. However, all other dates that figure in the ministry's guidance derive from these two dates.
1 January 2003 reflects the Supreme Court's 4 June 2008 ruling in Boy v. State that the legitimacy distinction engendered by Article 3 was unconstitutional in 2003 "at the latest" -- as that was the year it had caused the Minister of Justice, who was bound to apply the conditions of the article as it was then written, to reject the boy's notification for acquisition of Japanese nationality.
The translational measures provide for retroactive consideration from 2 January 1983 -- which represents 20 years less one day of 2 January 2003. In other words, the latest that a child born and acknowledged on 2 January 1983 could have filed a notification of nationality acquisition would have been on 1 January 2003 -- for on the following day, the child would have become 20 years of age and therefore not have qualified.
It turns out that 2 January 1983 liberally embraces all possible post-birth acknowledgements made on or after 1 January 1985 -- when Article 3 came into effect. Without the legitimacy condition, and applied retroactively, Article 3 would have immediately facilitated acquisition of nationality based on paternal acknowledgement after birth for a child born as early as 2 January 1965.
The Supreme Court did not, however, rule that the legitimacy condition was unconstitutional before 2003. Hence the retroactivity could not go back more than 20 years minus one day of 1 January 2003.
5 June 2008 reflects the date from which the Supreme Court's ruling had effect.
Article 2
Transitional measure concerning
the acquisition of [Japanese] nationality by
persons who made a prior notification
Article 2 is would appear to be the most overarching article but in fact does not embrace the entire cohort of people who qualify for retroactive consideration.
Paragraph 1 generally covers people who were acknowledged in the past and would have qualified for acquisition of Japanese nationality had the revised law been in effect at the time they were acknowledged.
Paragraph 1 specifically excludes such persons who at one time had been Japanese. It also exceptionalizes people covered under Paragraph 1 of Article 4 (see below) -- meaning people who had filed a notification for acquisition of nationality on the strength of acknowledgement -- as distinct from a notification of acknowledgement.
Filing notifications from 1 January 2009 to 31 December 2011
Paragraph 1 allows three years from the date the new law came into force, within which a person to whom the paragraph applies can file a Japanese nationality acquisition notice to the Minister of Justice. Because the law came into force from 1 January 2009, the deadline for filing is 31 December 2011.
Three years is a fairly common transitional period in such laws.
When the Nationality Law became ambilineal from 1 January 1985, minor children of Japanese mothers married to alien men were given three years -- until 31 December 1987 -- to file notification for retroactive nationality by birth, effective from the date of the notification. This provision followed a similar stipulation in Germany's revised nationality act.
Filing notifications by proxy of legal representative
Paragraph 2 of Article 2 provides that notifications concerning persons who are not yet 15 years of age will be made by a legal representative, which in effect means a legal guardian, most likely a parent.
Paragraph 3 of Article 2 differentiates two classes of prior notifiers depending on when their made their prior notifications.
Prior application from 2 January 1983 to 31 December 2003
The main clause of Paragraph 3 of Article 2 states that people who have previously filed notifications to acquire Japanese nationality from the date they file (refile) a (new) notification.
The clause does not state "on or before 31 December 2002" but this is implied by the 1 January 2003 date stipulated in the proviso (see next).
Nor does the clause state 2 January 1983, but this date is implied by Paragraph 1 of Article 2, which defines persons qualified under the transitional measure as those who would have qualified under the revised law had it been in effect at the time a prior notification was made.
Since a notification of acknowledgement can be made as late as the day before a child turns 20 years of age, why 31 December 2002 and not 1 January 2003? For a person born on 2 January 1982 would, on 1 January 2003, still be one day shy of turning 20. The reason is that 1 January 2003 was taken to be the latest date from which the legitimacy condition could be considered unconstitutional by declaration of the Supreme Court. Hence only notifications fined on or after this date would qualify for acquisition of nationality on the date of notification. Those acknowledged before then -- i.e., between 2 January 1983 and 31 December 2002 -- would acquire nationality from the date of the new (re-) notification.
Prior notification from 1 January 2003 to 4 June 2008
The proviso of Paragraph 3 of Article 2 states that when a prior notification was made on or after 1 January 2003, nationality will be regarded as having been acquired from the date of the prior notification -- meaning a date earlier than the date of the newly filed (refiled) notification.
The proviso does not stipulate 4 June 2008, but this is implied by Article 3 (see next).
The 1 January 2003 date is fixed by the Supreme Court's 4 June 2008 decision in Boy v. State. Since the boy's notification for acquisition of nationality was rejected in 2003, on the grounds that he did not fulfill the legitimacy requirement, the court declared that year as the latest point in time in which the legitimacy distinction could be found to be in violation of Article 14 of the Constitution.
Article 3
Special treatment of cases [of
persons who] made a prior notification
on or after 5 June 2008
This article stipulates that notifications under Paragraph 1 of Article 2, which were made on or after 5 June 2008, will be treated as though they were made on 1 January 2009, when the new law came into effect. It is therefore implied that such notifiers would acquire nationality from 1 January 2009.
Prior notification from 5 June to 31 December 2008
5 June 2008 is the day after the Supreme Court decision, from which (at least in principle) the "legitimacy" condition of Article 3 of the 1985 law became unconstitutional, hence null and void under Article 98 of the 1947 Constitution. 31 December 2008 is implied because a "prior notification" could only have been made before the enforcement date.
Since notifications made under Article 3 of the Nationality Law as revised from 1 January 2009 could not have been made before then, and since Article 3 of the 1985 law was technically constitutional until the court declared it to be otherwise, a special provision had to be made for people who filed notification after the court's decision and before the revised law came into force.
This special provision would also cover anyone who had made a notification between 5 June and 31 December 2008 who had since turned 20 -- including someone born on 1 January 1989, who could have filed as late as 31 December 2008, the day before the new law came into effect, when they would have turned 20 and therefore not been qualified to file notification under the new law.
Article 4
Transitional measure concerning
the acquisition of [Japanese] nationality by
a recognized child of a person other than
[the person] who made a prior notification
This article -- unlike Article 3, which exceptionalizes a subclass of notifiers within the class defined by Paragraph 1 of Article 2 -- exceptionalizes a separate class that differs in terms of the relationship between the recognized child and the person who made the prior notification.
Paragraph 1 specifically provides a three-year window of opportunity for persons who would qualify under the new law, who had made a prior notification between 1 January 2003 and the day before the enforcement date -- i.e., 31 December 2008 -- except persons covered under Paragraph 1 of Article 2 (see above), which points to Paragraph 1 of this article, and except a person who at one time had been Japanese.
Paragraph 2 stipulates that the nationality of Japan will be acquired from the date of the notification -- which essentially repeats the stipulation made in the proviso of Paragraph 3 of Article 2.
Article 5
Special treatment concerning
the acquisition of [Japanese] nationality by
a child of a person who acquired [Japanese] nationality
[under the transitional measure of Article 2]
This article is significant because it provides for what amounts to lineal succession of retroactive consideration. In other words, it allows the offspring of a parent who is able to acquire nationality through another transitional measure to also acquire nationality.
Paragraph 1 of Article 5 specifically provides a three-year window of opportunity for children whose mother or father acquired Japanese nationality under Paragraph 1 of Article 2 of the supplementary provisions, to acquire nationality through notification, so long as the child was born before the parent acquired Japanese nationality, and was duly recognized by the parent after the parent had acquired Japanese nationality.
The main clause of this provision, too, excludes persons who were at one time Japanese.
A proviso excludes cases in which either the mother or the father is an adoptive parent -- as do a number of other Nationality Law provisions that favor lineal ties.
The same proviso also excludes offspring who were not recognized until after their birth -- again, an imposition of the primary right-of-blood conditions for nationality by birth, acquired at time of birth, set down in Article 2 of the Nationality Law.
Note that this more restrictive condition of time of recognition applies to the child of a person who, if not for the condition of legitimacy in Article 3 of the 1985 law, would have been Japanese before the child was born -- in which case the child would have acquired Japanese nationality on the strength of Article 2 as revised in the 1985 law.
Paragraph 2 stipulates that qualifying persons will acquire the nationality of Japan on the date of the notification.
Paragraph 3 refers back to Paragraph 2 of Article 2 of the supplementary provisions, which requires that notification be made by proxy of a legal representative when the notifier is not yet 15 years of age.
Post-revision nationality acquisition statistics
There has not been a huge rush of legacy cases, according to Ministry of Justice data. The following table is my adaptation of a table of statistics posted by the Ministry of Justice in Japanese as of 10 July 2009.
Note that, while the table breaks down Article 3 figures into cases of "children of parents who are married [to each other]" and "children of parents who are not married [to each other", the Article itself no alludes to the marital status of the recognizing parent to the other parent.
The table shows data that is shifting as received notifications are processed and validated. As clearly disqualified notifications are rejected at time of filing, and as there is considerable screening at time of filing to minimize oversights that might result in later disqualification, practically all accepted notifications will eventually be validated, at which time certificates of nationality acquisition will be issued.
Nationality will not, however, actually be acquired until the certificate is brought to a municipal office and the person to whom the certificate is issued is properly registered in a family register, which will usually be the register of the recognizing Japanese parent.
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Post-revision nationality acquisition statistics 1 January 2009 to 29 May 2009 |
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| Applicable article | Nationality acquisition notifications received | Nationality acquisition certificates issued | Cases not meeting requirements of law | |
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Article 3 as revised from 2009 (Nationality Law) |
Parents married | 177 | 102 | 0 |
| Parents unmarried | 243 | 130 | 0 | |
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Transitory measures (Supplementary provisions) |
Article 4 | 16 | 8 | 0 |
| Other measures | 2 | 1 | 1 | |
| Totals | 438 | 241 | 1 | |
Two translations
There are two received translations. The principal, most readable, and most reliable translation is the one posted on the Ministry of Justice's main website. The less recommendable of the two is the one posted on the Japanese Law Translation website, which is also part of the Ministry of Justice.
Ministry of Justice website version
The English versions of Japanese laws and regulations, as posted on the principal 法務省 (Ministry of Justice) [MOJ] website, have generally been fairly accurate and readable versions of the authoritative Japanese texts. There are, however, some flaws in most English versions, and in fact MOJ's conventional English version of the Nationality Law includes a few errors that seriously misrepresent the Japanese text.
The quality of MOJ's English versions may, however, be about to change -- unfortunately for the worse, as MOJ has taken over a law translation project that, with all the best intentions of its promoters, appears to be more interested in standardization for its own sake than in accuracy.
So in addition to MOJ's conventional English version of the Nationality Law, there is also, now, an MOJ-sponsored translation based on an MOJ-sponsored "Standard Bilingual Dictionary" that promises to widen the gap between the authoritative Japanese text of the Nationality Law and its English representation.
Japanese Language Translation website version
In addition to the English version of the Nationality Law that the Ministry of Justice has conventionally publicized on its principal website, there is now another translation, often strikingly different, which is being distributed by the 日本法令外国語訳データベースシステム (Japanese Law Translation Database System) [JLTDS].
The movement to standardize translations of Japanese laws began with a government task force in 2004. The first edition of the so-called "Standard Bilingual Dictionary" appeared in 2005.
Government agencies began cooperating in the development of a foundation for promoting standardization of foreign language translations in 2006. The Ministry of Justice took over the project from 1 April 2009.
The Japanese Law Translation version of the Nationality law, as reproduced on this website, was created as follows, according to data posted on the JLTDS website.
国籍法
法令番号：昭和二十五年法律第百四十七号
改正：平成二十年法律第八十八号
辞書バージョン：3.0
翻訳日：平成21年5月21日
Nationality Act
Law number: Act No. 147 of 1950
Amendment: Act No. 88 of 2008
Dictionary Ver: 3.0
Translation date: May 21, 20
JLTDS first posted its translation of the Nationality Law on 6 July 2009. The I downloaded this earliest version, along with the above data, on 8 July 2009.
The translation is, to put it diplomatically, not a little bit disappointing. Apparently, though, the Japanese government regrets that it is unable to take responsibility for the flaws of the translations it is posting in the name of improving the understanding of Japanese laws through translation.
For a comparison of the Japanese and English versions of JLTDS's disclaimers and related commentary, see Japanese Law Translation Database System in the "Legal terminology" part of the "Glossaries and almanacs" feature of this website.
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1950 Nationality Law with revisions through 2009 Legitimation no longer a condition of acknowledgement |
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Japanese textThe Japanese text is from various web and printed sources, beginning with the principal 法務省 (Ministry of Justice) website, and the 法令データ提供システム (Law data provision system) or "Law e-Gov" section of the e-Gov website maintained by the Ministry of Internal Affairs and Communications. English translationsThe two received English translations are those posted on (1) the principal 法務省 (Ministry of Justice) website and (2) the ministry's 日本法令外国語訳データベースシステム (Japanese Law Translation Database System) website as of 10 July 2009. The latter appears to be based on the Law e-Gov text, which includes a number of legacy and current supplementary provisions. Structural translationsOnly the Japanese text has legal standing. The received translations, while useful as general guides, are likely to misrepresent Japanese legal usage and at times are either misleading or incorrect. Accordingly, I have structurally retranslated some of the articles for the purpose of commentary.
See the articles under "Translation standards" in the Legal terminology section of the "Glossaries and almanacs" feature of this website for a close look at the problems that plague translations, especially those appearing on MOJ's "Japanese Law Translation" website. RevisionsRevisions are shown by CommentaryIn the Japanese text and all translations, I have highlighted words and phrases selected for commentary as follows. Green = appropriate |
| Promulgation | ||
国籍法国籍法をここに公布する御名御璽 昭和二十五年五月四日 内閣総理大臣 吉田茂 法律第百四十七号 (官報号外四一) |
Nationality Law[We] hereby promulgate the Nationality Law.Imperial seal [Hirohito] Showa 25-5-4 [4 May 1950] Prime Minister of the Cabinet Yoshida Shigeru Law No. 147 (Kanpo Gogai 41) |
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| 施行 昭和二十五年七月一日 | Enforced from 1 July 1950 | |
| Enforcement and revision history through 2009 | |
国籍法昭和二十五年五月四日法律第百四十七号 改正 昭和二十七年七月三十一日 法律第二百六十八号 昭和五十九年五月二十五日 法律第四十五号 平成五年十一月十二日 法律第八十九号 平成十六年十二月一日 法律第百四十七号 平成二十年十二月十二日 法律第八十八号 |
Nationality LawLaw No. 147 of 1950 (4 May)Enforced from 1 July 1950 As amended by Law No. 268 of 1952 (31 July) Went into effect from 1 August 1952 Law No. 45 of 1984 (25 May) Went into effect from 1 January 1985 Law No. 89 of 1993 (12 November) Went into effect from 1 October 1994 Law No. 147 of 2004 (1 December) Went into effect from 1 April 2005 Law No. 88 of 2008 (12 December) Went into effect from 1 January 2009 |
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この法律の目的 Purpose of this law Purpose of This Act |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第一条 日本国民たる要件は、この法律の定めるところによる。 |
Article 1 The conditions necessary for being a Japanese national shall be determined by the provisions of this Law. |
Article 1 The requirements of Japanese citizenship shall be governed by the provisions of this Act. |
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Structural translation
Article 1
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| Acquisition of [Japanese] nationality by birth | ||
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出生による国籍の取得 Acquisition of nationality by birth Acquisition of Nationality by Birth |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第二条 子は、次の場合には、日本国民とする。 一 出生の時に父又は母が日本国民であるとき。 二 出生前に死亡した父が死亡の時に日本国民であつたとき 三 日本で生まれた場合において、父母がともに知れないとき、又は国籍を有しないとき。 |
Article 2 A child shall, in any of the following cases, be a Japanese national: (1) When, at the time of its birth, the father or the mother is a Japanese national; (2) When the father who died prior to the birth of the child was a Japanese national at the time of his death; (3) When both parents are unknown or have no nationality in a case where the child is born in Japan. |
Article 2 A child shall be a Japanese citizen in the following cases: (i) If the father or mother is a Japanese citizen at the time of birth; (ii) If the father died before the child's birth and was a Japanese citizen at the time of death; or (iii) If born in Japan and both of the parents are unknown or are without nationality. |
| Acquisition of [Japanese] nationality by acknowledged child | ||
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Acquisition of nationality by Acquisition of Nationality by Acknowledged Children |
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平成20年の法律第88号によって改正された条 Article amended by Law No. 88 of 2008 |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第三条 [ 次項は変わらなかった ] ２ 前項の規定による届出をした者は、その届出の時に日本の国籍を取得する。 |
Article 3 A child (excluding a child who was once a Japanese national) under twenty years of age [ The following paragraph remained unchanged ] 2. A child who makes notification in accordance with the preceding paragraph shall acquire Japanese nationality at the time of the notification. |
Article 3 In cases where a child acknowledged by the father or mother is under twenty years of age (excluding a child who was once a Japanese citizen) and the acknowledging father or mother was a Japanese citizen at the time of the birth of the child, Japanese nationality may be acquired through notification to the Minister of Justice if that father or mother is currently a Japanese citizen or was so at the time of death. (2) The person making notification provided for in the provision set forth in the preceding paragraph shall acquire Japanese nationality at the time of the notification. |
| [Acquisition of Japanese nationality by] naturalization | ||
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帰化 Naturalization Naturalization |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第四条 日本国民でない者（以下「外国人」という。）は、帰化によつて、日本の国籍を取得することができる。 ２ 帰化をするには、法務大臣の許可を得なければならない。 |
Article 4 A person who is not a Japanese national (hereinafter referred to as "an alien") may acquire Japanese nationality by naturalization. 2. The permission of the Minister of Justice shall be obtained for naturalization. |
Article 4 A person who is not a Japanese citizen (hereinafter referred to as "foreign national") may acquire Japanese nationality through naturalization. (2) To undergo naturalization, permission of the Minister of Justice shall be obtained. |
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第五条 法務大臣は、次の条件を備える外国人でなければ、その帰化を許可することができない。 一 引き続き五年以上日本に住所を有すること。 二 二十歳以上で本国法によつて行為能力を有すること。 三 素行が善良であること。 四 自己又は生計を一にする配偶者その他の親族の資産又は技能によつて生計を営むことができること。 五 国籍を有せず、又は日本の国籍の取得によつてその国籍を失うべきこと。 六 日本国憲法施行の日以後において、日本国憲法又はその下に成立した政府を暴力で破壊することを企て、若しくは主張し、又はこれを企て、若しくは主張する政党その他の団体を結成し、若しくはこれに加入したことがないこと。 ２ 法務大臣は、外国人がその意思にかかわらずその国籍を失うことができない場合において、日本国民との親族関係又は境遇につき特別の事情があると認めるときは、その者が前項第五号に掲げる条件を備えないときでも、帰化を許可することができる。 |
Article 5 The Minister of Justice shall not permit the naturalization of an alien unless he or she fulfills all of the following conditions: (1) that he or she has domiciled in Japan for five years or more consecutively; (2) that he or she is twenty years of age or more and of full capacity according to the law of his or her home country; (3) that he or she is of upright conduct; (4) that he or she is able to secure a livelihood by one's own property or ability, or those of one's spouse or other relatives with whom one lives on common living expenses; (5) that he or she has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality; (6) that he or 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 Constitution of Japan or the Government existing thereunder, since the enforcement of the Constitution of Japan. 2. When an alien is, regardless of his or her intention, unable to deprive himself or herself of his or her current nationality, the Minister of Justice may permit the naturalization of the alien, notwithstanding that the alien does not fulfill the conditions set forth in item (5) of the preceding paragraph, if the Minister of Justice finds exceptional circumstances in his or her family relationship with a Japanese national, or other circumstances. |
Article 5 The Minister of Justice may not permit naturalization for a foreign national who has not met the following conditions: (i) Having continuously had a domicile in Japan for five years or more; (ii) Being twenty years of age or more and having the capacity to act according to his/her national law; (iii) Being a person of good conduct; (iv) Being able to make a living through his/her own assets or abilities, or through those of a spouse or of another relative his/her making a living; (v) Not having a nationality or having to give up his/her nationality due to the acquisition of Japanese nationality; and (vi) On or after the date of promulgation of the Constitution of Japan, not having planned or advocated the destruction of the Constitution of Japan or the government established thereunder with force, and not having formed or joined a political party or other organization planning or advocating the same. (2) In cases where despite the foreign national's intention, he/she is unable to give up his/her nationality, the Minister of Justice may permit naturalization if special circumstances are found concerning a familial relationship or circumstances with a Japanese citizen even if that foreign national has not met the conditions listed in the preceding paragraph, item (v). |
has the capacity to actFrom 1 April 2005, the Law to amend part of the Civil Code (Law No. 147 of 2004) effected amendments concerning mostly vernacularization of usage in the Civil Code and standardization of related usage in other laws. The wording of Article 5 in the Nationality Law was therefore changed from 能力 (nōryoku) meaning legal "capacity" or "competency" to 行為能力 (kōi nōryoku) meaning "action capacity" or "capacity to act" legally, especially in (but not limited to) one's own behalf. The English translation circulated by the Ministry of Justice continues to use "full capacity" -- a term commonly used since 1950 for the phrase 能力を有する (nōryoku o yū suru), a carryover from the 1899 law. Until then, it had usually been translated "has legal capacity" or "possesses legal capacity". The Japanese Law Translation rendering of 行為能力を有する (kōi nōryoku o yū suru) as "has the capacity to act" represents a sound structural translation of this phrase. |
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第六条 次の各号の一に該当する外国人で現に日本に住所を有するものについては、法務大臣は、その者が前条第一項第一号に掲げる条件を備えないときでも、帰化を許可することができる。 一 日本国民であつた者の子（養子を0除く。）で引き続き三年以上日本に住所又は居所を有するもの 二 日本で生まれた者で引き続き三年以上日本に住所若しくは居所を有し、又はその父若しくは母（養父母を除く。）が日本で生まれたもの 三 引き続き十年以上日本に居所を有する者 |
Article 6 The Minister of Justice may permit the naturalization of an alien notwithstanding that the alien does not fulfill the condition set forth in item (1) of paragraph 1 of the last preceding Article, provided that the said alien falls under any one of the following items, and is presently domiciled in Japan: (1) One who has had a domicile or residence in Japan for three consecutive years or more and who is the child of a person who was a Japanese national (excluding a child by adoption); (2) One who was born in Japan and who has had a domicile or residence in Japan for three consecutive years or more, or whose father or mother (excluding father and mother by adoption) was born in Japan; (3) One who has had a residence in Japan for ten consecutive years or more. |
Article 6 The Minister of Justice may permit naturalization for a foreign national currently having a domicile in Japan who falls under one of the following items even if that person has not met the conditions listed in the preceding Article, paragraph (1), item (i): (i) A child (excluding an adopted child) of a Japanese citizen, the former continuously having a domicile or residence in Japan for three years or more; (ii) A person born in Japan, and continuously having a domicile or residence in Japan for three years or more or whose father or mother (excluding an adoptive parent) was born in Japan; (iii) A person having a residence in Japan continuously for ten years or more. |
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第七条 日本国民の配偶者たる外国人で引き続き三年以上日本に住所又は居所を有し、かつ、現に日本に住所を有するものについては、法務大臣は、その者が第五条第一項第一号及び第二号の条件を備えないときでも、帰化を許可することができる。日本国民の配偶者たる外国人で婚姻の日から三年を経過し、かつ、引き続き一年以上日本に住所を有するものについても、同様とする。 |
Article 7 The Minister of Justice may permit the naturalization of an alien who is the spouse of a Japanese national notwithstanding that the said alien does not fulfill the conditions set forth in items (1) and (2) of paragraph 1 of Article 5, if the said alien 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 an alien 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 7 The Minister of Justice may permit naturalization of a foreign national with a spouse who is a Japanese citizen, said foreign national continuously having a domicile or residence in Japan for three years or more and who currently has a residence in Japan even if that person does not meet the conditions of Article 5, paragraph (1), item (i) and item (ii). The same shall apply to a foreign national with a spouse who is a Japanese citizen, for whom three years have elapsed since the date of their marriage, which foreign national has continuously maintained a domicile in Japan for one year or more. |
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第八条 次の各号の一に該当する外国人については、法務大臣は、その者が第五条第一項第一号、第二号及び第四号の条件を備えないときでも、帰化を許可することができる。 一 日本国民の子（養子を除く。）で日本に住所を有するもの 二 日本国民の養子で引き続き一年以上日本に住所を有し、かつ、縁組の時本国法により未成年であつたもの 三 日本の国籍を失つた者（日本に帰化した後日本の国籍を失つた者を除く。）で日本に住所を有するもの 四 日本で生まれ、かつ、出生の時から国籍を有しない者でその時から引き続き三年以上日本に住所を有するもの |
Article 8 The Minister of Justice may permit the naturalization of an alien notwithstanding that the alien does not fulfill the conditions set forth in items (1), (2) and (4) of paragraph 1 of Article 5, provided that the alien falls under any one of the following items: (1) One who is a child (excluding a child by adoption) of a Japanese national and has a domicile in Japan; (2) One who is a child 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 country at the time of the adoption; (3) One who has lost Japanese nationality (excluding one who has lost Japanese nationality after naturalization in Japan) and has a domicile in Japan; (4) One who 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 8 The Minister of Justice may permit naturalization of a foreign national who falls under one of the following items even if that person has not met the conditions listed in Article 5, paragraph (1), item (i), item (ii) and item (iv): (i) A child (excluding an adopted child) of a Japanese citizen, said child having a domicile in Japan; (ii) An adopted child of a Japanese citizen, said child continuously having a domicile in Japan for one year or more, and having been a minor according to his/her national law at the time of adoption; (iii) A person having lost his/her Japanese nationality (excluding a person who lost his/her Japanese nationality after naturalization in Japan) having a domicile in Japan; or (iv) A person born in Japan, not having any nationality since the time of birth, and continuously having a domicile in Japan for three years or more since that time. |
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第九条 日本に特別の功労のある外国人については、法務大臣は、第五条第一項の規定にかかわらず、国会の承認を得て、その帰化を許可することができる。 |
Article 9 With respect to an alien who has rendered especially meritorious service to Japan, the Minister of Justice may, notwithstanding the provision of Article 5, paragraph 1, permit the naturalization of the alien with the approval of the Diet. |
Article 9 The Minister of Justice may obtain approval from the Diet and permit naturalization of a foreign national having provided a special distinguished service in Japan notwithstanding the provision of Article 5, paragraph (1). |
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第十条 法務大臣は、帰化を許可したときは、官報にその旨を告示しなければならない。 ２ 帰化は、前項の告示の日から効力を生ずる。 |
Article 10 The Minister of Justice shall, when permitting naturalization, 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 10 When permitting naturalization, the Minister of Justice shall provide public notice thereof in the official gazette. (2) Naturalization shall have effect from the date of the public notice set forth in the preceding paragraph. |
| Loss of [Japanese] nationality | |||
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国籍の喪失 Loss of nationality Loss of Nationality |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第十一条 日本国民は、自己の志望によつて外国の国籍を取得したときは、日本の国籍を失う。 ２ 外国の国籍を有する日本国民は、その外国の法令によりその国の国籍を選択したときは、日本の国籍を失う。 |
Article 11 A Japanese national shall lose Japanese nationality when he or she acquires a foreign nationality by his or her own choice. 2. A Japanese national having a foreign nationality shall lose Japanese nationality if he or she chooses the foreign nationality in accordance with the laws of the foreign country concerned. |
Article 11 If a Japanese citizen acquires the nationality of a foreign country at his/her choice, he/she loses Japanese nationality. (2) A Japanese citizen having the nationality of a foreign country loses Japanese nationality when he/she selects the nationality of that foreign country according to the laws and regulations thereof. |
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Structural translation
Article 11 2. Nationals of Japan who possess the nationality of a foreign state, when in accordance with the laws of that foreign state they have chosen the nationality of that state, shall lose the nationality of Japan.
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第十二条 出生により外国の国籍を取得した日本国民で国外で生まれたものは、戸籍法（昭和二十二年法律第二百二十四号）の定めるところにより日本の国籍を留保する意思を表示しなければ、その出生の時にさかのぼつて日本の国籍を失う。 |
Article 12 A Japanese national who was born in a foreign country 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 or her volition to reserve Japanese nationality according to the provisions of the Family Registration Law (Law No. 224 of 1947). |
Article 12 A Japanese citizen who acquired the nationality of a foreign country through birth and who was born abroad shall retroactively lose Japanese nationality to the time of birth unless he/she indicates an intention to reserve Japanese nationality pursuant to the provision of the Family Registration Act (Act No. 224 of 1947). |
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Article 12 Reservation of [Japanese] nationalityThis article is a significant rewording of Article 9 in the original 1950 Nationality Law. The phrasing of the received translation is misleading, for the Japanese text does not say "a Japanese national who was born in a foreign country". The article means that a person who is a national of Japan according to Japanese law (which requires registration as a member of a family register) who happens to have acquired the nationality of a foreign state through birth in accordance with its laws -- and who was born in a foreign country -- in some manner has to "reserve" Japanese nationality. Such reservation is ordinarily made at the time such a person's Japanese parent or parents register the person's birth as required by Japanese law, generally in the country where the person was born. However, this article does not specify how the Japanese national came to be Japanese -- whether by birth or by some other criterion, including (from 1985 to 2008) legitimation or even naturalization. And unlike Article 9 in the original 1950 law, which equated the person's foreign nationality with the foreign country where the person was born, Article 12 is phrased such that the foreign country where the person was born could be other than the foreign country whose nationality the person acquired through birth -- which, in fact, is conceivable. The provision for "reservation" (留保 ryūho) was introduced into the 1899 Nationality Law in 1924. It remained in the 1950 law but was broadened in 1985 rewording.
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第十三条 外国の国籍を有する日本国民は、法務大臣に届け出ることによつて、日本の国籍を離脱ことができる。 ２ 前項の規定による届出をした者は、その届出の時に日本の国籍を失う。 |
Article 13 A Japanese national having a foreign nationality may renounce Japanese nationality by making notification to the Minister of Justice. 2. The person who made notification in accordance with the preceding paragraph shall lose Japanese nationality at the time of the notification. |
Article 13 A Japanese citizen having foreign nationality may renounce Japanese nationality by notification to the Minister of Justice. (2) The person making the notification provided for in the provisions set forth in the preceding paragraph shall lose Japanese nationality at the time of the notification. |
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| Choice of [Japanese] nationality | |||
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国籍の選択 Choice of nationalities Selection of Nationality |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第十四条 外国の国籍を有する日本国民は、外国及び日本の国籍を有することとなつた時が二十歳に達する以前であるときは二十二歳に達するまでに、その時が二十歳に達した後であるときはその時から二年以内に、いずれかの国籍を選択しなければならない。 ２ 日本の国籍の選択は、外国の国籍を離脱することによるほかは、戸籍法の定めるところにより、日本の国籍を選択し、かつ、外国の国籍を放棄する旨の宣言（以下「選択の宣言」という。）をすることによつてする。 |
Article 14 A Japanese national having a foreign nationality shall choose either of the nationalities before he or she reaches twenty two years of age if he or she has acquired both nationalities on and before the day when he or she reaches twenty years of age or, within two years after the day when he or she acquired the second nationality if he or she acquired such nationality after the day when he or she reached twenty years of age. 2. Choice of Japanese nationality shall be made either by depriving himself or herself of the foreign nationality or by the declaration provided for in the Family Registration Law in which he or she swears that he or she chooses to be a Japanese national and that he or she renounces the foreign nationality (hereinafter referred to as "declaration of choice"). |
Article 14 A Japanese citizen having a foreign nationality shall select one of the nationalities, where he/she obtains foreign and Japanese nationalities prior to his/her becoming twenty years old, before his/her reaching twenty-two years old, and where that time when he/she obtained foreign and Japanese nationalities comes after his or her reaching twenty years old, within two years from that time. (2) In addition to renouncement of the foreign nationality, the selection of Japanese nationality may be accomplished through selecting Japanese nationality and declaring the renunciation of the foreign nationality (hereinafter referred to as "selection declaration") pursuant to the provisions of the Family Registration Act. |
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Structural translation
Article 14
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第十五条 法務大臣は、外国の国籍を有する日本国民で前条第一項に定める期限内に日本の国籍の選択をしないものに対して、書面により、国籍の選択をすべきことを催告することができる。 ２ 前項に規定する催告は、これを受けるべき者の所在を知ることができないときその他書面によつてすることができないやむを得ない事情があるときは、催告すべき事項を官報に掲載してすることができる。この場合における催告は、官報に掲載された日の翌日に到達したものとみなす。 ３ 前二項の規定による催告を受けた者は、催告を受けた日から一月以内に日本の国籍の選択をしなければ、その期間が経過した時に日本の国籍を失う。ただし、その者が天災その他その責めに帰することができない事由によつてその期間内に日本の国籍の選択をすることができない場合において、その選択をすることができるに至つた時から二週間以内にこれをしたときは、この限りでない。 |
Article 15 The Minister of Justice may, by written notice, require 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 or she possesses. 2. The notice 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 notice is missing or in any other circumstances where it is impossible to send the notice to the person concerned. In this case, the notice 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 notice has been sent in accordance with the preceding two paragraphs shall lose Japanese nationality at the expiration of one month after the day he or she receives the notice, unless he or 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 or her and he or she has made such choice within two weeks after he or she has become able to do so. |
Article 15 Article 15 The Minister of Justice may provide written notice that nationality must be selected to any Japanese citizen having a foreign nationality who has not selected Japanese nationality within the assigned time as provided for in the preceding Article, paragraph (1). (2) In the unavoidable event that the whereabouts of the intended recipient of the notice prescribed in the preceding paragraph may not be ascertained or notice in writing is otherwise not possible, the notice may be published in the official gazette. In such cases, the notice shall be deemed to have arrived on the day after publication in the official gazette. (3) The person receiving the notice provided for in the provision of the preceding two paragraphs shall lose Japanese nationality when the period has elapsed if the selection of Japanese nationality is not made within one month of receiving the notice; provided, however, that this shall not apply in cases where the person is unable to select Japanese nationality within the period due to a natural disaster or some other cause not attributable to that person, and the selection is made within two weeks of the time when the selection may be made. |
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第十六条 選択の宣言 をした日本国民は、外国の国籍の離脱に努めなければならない。 ２ 法務大臣は、選択の宣言 をした日本国民で外国の国籍を失つていないものが自己の志望によりその外国の公務員の職（その国の国籍を有しない者であつても就任することができる職を除く。）に就任した場合において、その就任が日本の国籍を選択した趣旨に著しく反すると認めるときは、その者に対し日本の国籍の喪失の宣告をする ことができる。 ３ 前項の宣告 に係る聴聞の期日における審理は、公開により行わなければならない。 ４ 第二項の宣告は、官報に告示してしなければならない。 ５ 第二項の宣告を受けた者は、前項の告示の日に日本の国籍を失う。 |
Article 16 A Japanese national who has made the declaration of choice shall endeavour to deprive himself or 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 country (excluding an office which a person not having the nationality of such country is able to take), the Minister of Justice may declare that he or she shall lose Japanese nationality if the Minister finds that taking such public office would substantially contradict his or her choice of Japanese nationality. 3. The hearing concerning the declaration under the last 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 notice under the last preceding paragraph. |
Article 16 A Japanese citizen who makes the selection declaration shall endeavor to renounce his/her foreign nationality. (2) In cases where a Japanese citizen having made the selection declaration and not having lost foreign nationality appoints the post of a public officer (with the exception of a post that may be appointed by a person not having the nationality of that country) at his/her own discretion, the Minister of Justice may pronounce a judgment of loss of Japanese nationality if it is found that the appointment of the post is markedly contrary to the purpose of the selection of Japanese nationality. (3) The proceedings on the date of the hearing pertaining to the pronouncement of judgment set forth in the preceding paragraph shall be conducted open to the public. (4) The judgment pronouncement of paragraph (2) shall be placed in a public notice in the official gazette. (5) The person receiving the pronouncement of judgment of paragraph (2) shall lose Japanese nationality on the day of the public notice set forth in the preceding paragraph. |
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Structural translation
Article 16
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| Reacquisition of [Japanese] nationality | ||
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国籍の再取得 Reacquisition of nationality Reacquisition of Nationality |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第十七条 第十二条の規定により日本の国籍を失つた者で二十歳未満のものは、日本に住所を有するときは、法務大臣に届け出ることによつて、日本の国籍を取得することができる。 ２ 第十五条第二項の規定による催告を受けて同条第三項の規定により日本の国籍を失つた者は、第五条第一項第五号に掲げる条件を備えるときは、日本の国籍を失つたことを知つた時から一年以内に法務大臣に届け出ることによつて、日本の国籍を取得することができる。ただし、天災その他その者の責めに帰することができない事由によつてその期間内に届け出ることができないときは、その期間は、これをすることができるに至つた時から一月とする。 ３ 前二項の規定による届出をした者は、その届出の時に日本の国籍を取得する。 |
Article 17 A person under twenty years of age who has lost Japanese nationality in accordance with Article 12 may reacquire Japanese nationality by making notification to the Minister of Justice if he or 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 said Article may reacquire Japanese nationality by making notification to the Minister of Justice within one year after he or she has become aware of the fact that he or she has lost Japanese nationality, if he or she fulfills the condition set forth in item (5) of paragraph 1 of Article 5. However, in the case where he or she is unable to make notification within the period due to natural calamity or any other cause not imputable to him or her, such period shall be one month after he or 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 17 A person who loses Japanese nationality pursuant to the provisions of Article 12 and is under twenty years of age may acquire Japanese nationality, if he/she has a Japanese domicile, through notification to the Minister of Justice. (2) A person who receives the notice pursuant to the provisions of Article 15, paragraph (2) and loses Japanese nationality pursuant to the provisions of that same Article, paragraph (3) may acquire Japanese nationality if he/she meets the conditions listed in Article 5, paragraph (1), item (v) through notification to the Minister of Justice within one year from the date of knowing of the loss of Japanese nationality; provided, however, that if notification cannot be made within that period due to a natural disaster or some other cause not attributable to that person, that period shall be one month from the time when the notification can be made. (3) The person making notification provided for in the provisions of the preceding two paragraphs shall acquire Japanese nationality at the time of the notification. |
| Notifications et cetera by legal representative [proxy] | |||
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法定代理人がする届出等 Notification, etc., by legal representative Notification, etc. by a Statutory Agent |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第十八条 第三条第一項若しくは前条第一項の規定による国籍取得の届出、帰化の許可の申請、選択の宣言又は国籍離脱の届出は、国籍の取得、選択又は離脱をしようとする者が十五歳未満であるときは、法定代理人が代わつてする。 |
Article 18 In the case where the person who intends to acquire, choose or renounce nationality is under fifteen years of age, 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 or her behalf. |
Article 18 The notification of acquisition of nationality provided for in the provision in Article 3, paragraph (1) or the preceding Article, paragraph (1), application for permission to naturalize, selection declaration, or notification of nationality renouncement shall be made by a statutory agent if the person desiring nationality acquisition, selection, or renouncement is under fifteen years of age. |
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Structural translation
Article 18
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| Delegation [of unstimulated matters] to ministerial ordinances | ||
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省令への委任 Ministerial ordinance Delegation to Ordinances of the Ministry |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第十九条 この法律に定めるもののほか、国籍の取得及び離脱に関する手続その他この法律の施行に関し必要な事項は、法務省令で定める。 |
Article 19 Except as provided for in this Law, the procedures concerning the acquisition or renunciation of nationality as well as other rules necessary to enforce this Law shall be prescribed in the Ordinance of the Ministry of Justice. |
Article 19 Procedures relating to acquisition and renouncement of nationality as well as other required matters relating to the enforcement of this Act not provided herein shall be prescribed by Ordinance of the Ministry of Justice. |
| Penal provisions [related to notifications of acknowledgement] | ||
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罰則 Penal provisions Penal Provisions |
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平成20年の法律第88号によって追加された新しい条 New article added by Law No. 88 of 2008 |
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Japanese 国籍法 |
MOJ translation The Nationality Law |
JLT translation Nationality Act |
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第二十条 第三条第一項の規定による届出をする場合において、虚偽の届出をした者は、一年以下の懲役又は二十万円以下の罰金に処する。 ２ 前項の罪は、刑法（明治四十年法律第四十五号）第二条の例に従う。 |
Article 20 Any person who has made a false notification when filing a notification pursuant to the provision of Article 3, paragraph 1 shall be punished by imprisonment with work for not more than one year or a fine of not more than 200,000 yen. 2. The crime set forth in the preceding paragraph shall be governed by the provision of Article 2 of the Penal Code (Act No. 45 of 1907). |
Article 20 Article 20 In cases of notification provided for in the provisions of Article 3, paragraph (1), a person making a false notification shall be punished by not more than one year of imprisonment with work or a fine of not more than two hundred thousand yen. (2) The violation set forth in the preceding paragraph shall be governed by the Penal Code (Act No. 45 of 1907), Article 2. |
| 1950 supplementary provisions | ||
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附則 Supplementary provisions Supplementary Provisions (Extract) [附則抄] |
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Japanese 国籍法 |
EHS translation Nationality Law |
JLT translation Nationality Act |
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１ この法律は、昭和二十五年七月一日から施行する。
２ 国籍法（明治三十二年法律第六十六号）は、廃止する。 ３ この法律の施行前従前の国籍法の規定によつてした帰化の許可の申請又は国籍回復の許可の申請は、この法律の規定によつてした帰化の許可の申請とみなす。 ４ この法律の施行前従前の国籍法の規定によつてした国籍離脱の許可の申請は、この法律の規定によつてした国籍離脱の届出とみなす。 ５ この法律の施行前日本に帰化した者の子で従前の国籍法第十五条第一項の規定によつて日本の国籍を取得したものは、第六条第四号の規定の適用については、日本に帰化した者とみなす。この法律の施行前日本国民の養子又は入夫となつた者も、また、同様である。 法務総裁 殖田俊吉 外務大臣 吉田茂 内閣総理大臣 吉田茂 |
1. This Law shall come into force as from July 1, 1950.
2. The Nationality Law (Law No. 66 of 1899) shall be abolished. 3. The applications for permission of naturalization or the applications for permission of restoration of nationality made under the provisions of the old Nationality Law before the enforcement of this Law, shall be regarded as application for permission of naturalization made under the provisions of this Law. 4. The applications for permission of renunciation of nationality made before the enforcement of this Law under the provisions of the old Nationality Law, shall be regarded as the notifications of renunciation of nationality made under the provisions of this Law. 5. A child whose parent was naturalized in Japan prior to the enforcement of this Law and who has acquired Japanese nationality under the provision of Article 15 paragraph 1 of the old Nationality Law, shall be regarded as having naturalized in Japan with respect to the application of the provisions of Article 6 item (4). The same shall apply to one who, prior to the enforcement of this Law, was adopted by a Japanese national or became the incoming husband (nyufu) of a Japanese national. Attorney General Ueda Shunkichi Minister of Foreign Affairs Yoshida Shigeru Prime Minister of the Cabinet Yoshida Shigeru |
(1) This Act shall come into effect as from July 1, 1950.
(2) The Nationality Act (Act No. 66 of 1899) is hereby abolished. (5) For the application of the provision of the Nationality Act, Article 6, item (iv) for the child of a person naturalized in Japan before enforcement of this Act, which child having acquired Japanese nationality as provided for in the provisions of the former Nationality Act, Article 15, paragraph (1), that child shall be deemed naturalized in Japan. The same shall apply to a person who became an adopted child of or a man marrying a Japanese citizen before the enforcement of this Act. |
| 1952 supplementary provisions | ||
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附則（昭和二七年七月三一日法律第二六八号）抄 Supplementary Provisions (Act No. 268 of July 31, 1952) (Extract) |
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Japanese 国籍法 |
EHS translation Nationality Law |
JLT translation Nationality Act |
| １ この法律は、昭和二十七年八月一日から施行する。 | 1. This Law shall come into force as from August 1, 1952. | (1) This Act shall come into effect as from August 1, 1952. |
| 1985 supplementary provisions | ||
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附則（昭和五九年五月二五日法律第四五号）抄 Supplementary Provisions (Act No. 45 of May 25, 1984) (Extract) |
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Japanese 国籍法 |
Structural translation Nationality Law |
JLT translation Nationality Act |
(施行期日)第一条 この法律は、昭和六十年一月一日から施行する。(帰化及び国籍離脱に関する経過措置)） 第二条 この法律の施行前に帰化の許可の申請又は国籍離脱の届出をした者の帰化又は国籍の離脱については、なお従前の例による(国籍の選択に関する経過措置)第三条 この法律の施行の際現に外国の国籍を有する日本国民は、第一条の規定による改正後の国籍法（以下「新国籍法」という。）第十四条第一項の規定の適用については、この法律の施行の時に外国及び日本の国籍を有することとなつたものとみなす。この場合において、その者は、同項に定める期限内に国籍の選択をしないときは、その期限が到来した時に同条第二項に規定する選択の宣言をしたものとみなす。(国籍の再取得に関する経過措置)第四条 新国籍法第十七条第一項の規定は、第一条の規定による改正前の国籍法第九条の規定により日本の国籍を失つた者で二十歳未満のものについても適用する。(国籍の取得の特例)第五条 昭和四十年一月一日からこの法律の施行の日（以下「施行日」という。）の前日までに生まれた者（日本国民であつた者を除く。）でその出生の時に母が日本国民であつたものは、母が現に日本国民であるとき、又はその死亡の時に日本国民であつたときは、施行日から三年以内に、法務省令で定めるところにより法務大臣に届け出ることによつて、日本の国籍を取得することができる。２ 前項に規定する届出は、国籍を取得しようとする者が十五歳未満であるときは、法定代理人が代わつてする。 ３ 第一項に規定する届出をしようとする者が天災その他その責めに帰することができない事由によつて同項に定める期間内に届け出ることができないときは、その届出の期間は、これをすることができるに至つた時から三月とする。 ４ 第一項の規定による届出をした者は、その届出の時に日本の国籍を取得する 第六条父又は母が前条第一項の規定により日本の国籍を取得したときは、子（日本国民であつた者を除く。）は、同項に定める期間内に、法務省令で定めるところにより法務大臣に届け出ることによつて、日本の国籍を取得することができる。ただし、その父又は母が養親であるとき、又は出生の後に認知した者であるときは、この限りでない。 ２ 前条第二項から第四項までの規定は、前項の場合について準用する。 |
(Enforcement date)
Article 1 This law shall come into force from 1 January 1985. (Transitional measure concerning naturalization and [Japanese] nationality renunciation) Article 2 Regarding naturalization or [Japanese] nationality renunciation of persons who, before the enforcement of this law, made an application for permission to naturalize or a notification of [Japanese] nationality renunciation, [they] shall be [treated] in accordance with prior examples. (Transitional measure concerning choice of [Japanese] nationality Article 3 Japanese nationals who at the time of the enforcement of this law, regarding the application of the provision of Article 14 Paragraph 1 of the Nationality Law after amendment according to the provision [stipulation] of Article 1 [in these supplementary provisions], shall be viewed as persons who at the time of the enforcement of this law have come to possess the nationalities of a foreign country and Japan. In this event, these persons, when they do not make a choice of [Japanese] nationality within the time limit determined in the same paragraph [1 of Article 14], shall be viewed as persons who when this time limit has arrived have declared the choice [of Japanese nationality] determined in Paragraph 2 of the same article [14]. (Transitional measure concerning reacquisition of [Japanese] nationality) Article 4 The provisions of Article 17 Paragraph 1 of the new Nationality Law, shall apply also to persons who according to the provisions of Article 9 of the Nationality Law prior to amendment by the provisions of Article 1 [of the new law] have lost the nationality of Japan and are not yet 20 years of age. (Special cases [exceptional provisions] for acquisition of [Japanese] nationality) Article 5 As for those who were born between 1 January 1965 and the day before the day of enforcement of this law (Hereafter called "enforcement day.) (Except someone who had been a Japanese national.) and at the time of their birth their mother was a Japan national, when the mother is presently a Japanese, or when [she] was a Japanese national at the time of [her] death, within three years from the enforcement day, shall be able to acquire the nationality of Japan, by making notification to the Minister of Justice in accordance with what is determined by Ministry of Justice ordinances. 2. The notification provided [stipulated] in the preceding paragraph [Paragraph 1], when the person who would acquire [Japanese] nationality is not yet 15 years of age, shall be made by a legal representative in [the person's] stead. 3. When a person who would make the notification provided [stipulated] in the Paragraph 1 is unable to make the declaration within the period determined in the same paragraph for reason of a natural calamity or other [reason] for which [the obligor, i.e., person making the declaration] cannot be held accountable [which cannot be attributed to the obligor's responsibility], the period of the notification, shall be three months from the time [the obligor] has come to be able to make it. 4. A person who has made a notification in accordance with the provisions of Paragraph 1, shall acquire the Nationality of Japan at the time of the notification. Article 6 When the father or the mother has acquired the Nationality of Japan in accordance with the provision [stipulation] of Paragraph 1 of the preceding article [Article 5], a child (Except one who had been a Japanese national.), within the period determined in the same paragraph, by making notification to the Minister of Justice in accordance with what is determined by Ministry of Justice ordinances, shall be able to acquire the nationality of Japan. However, when the father or the mother is the adoptive parent, or when [the father or mother is someone who has acknowledged [the child] after [the child's] birth, this [provision] will not apply. [ == Provided, however, that this [provision] will not apply when . . . .] 2. Provisions from Paragraph 2 through Paragraph 4 of the preceding article [Article 5], shall apply in the event of the preceding paragraph. |
(Effective Date)Article 1 This Act shall come into effect as from January 1, 1985.(Transitional Measure on Naturalization and Renouncement of Nationality)Article 2 With regard to the naturalization or renouncement of nationality of a person having applied for permission of naturalization or made notification of renouncement of nationality prior to the enforcement of this Act, the provisions then in force shall remain applicable.(Transitional Measure on Nationality Selection)Article 3 For the application of the provisions of Article 14, paragraph (1) of the Nationality Act after the revision provided for in the provision in Article 1 (hereinafter referred to as "New Nationality Act"), a Japanese citizen currently having foreign nationality at the time of enforcement of this Act shall be deemed as having foreign and Japanese nationality at the time of the enforcement of this Act. In such cases, said person shall be deemed to have made the selection declaration provided in said Article, paragraph (2) when the assigned time arrives if said person has not selected a nationality within the assigned time as set forth in said Article, paragraph (1).(Transitional Measures for Reacquisition of Nationality)Article 4 The provision of the New Nationality Act, Article 17, paragraph (1) shall also apply to a person under twenty years of age who has lost Japanese nationality pursuant to the provisions of the Nationality Act prior to the revision provided for in the provision in Article 1.(Special Provisions of Nationality Acquisition)Article 5 A person (excluding a person who was once a Japanese citizen) born between January 1, 1965 and before the date of enforcement of this Act (hereinafter referred to as "enforcement date") whose mother was a Japanese citizen at the time of birth may acquire Japanese nationality within three years from the enforcement date through notification to the Minister of Justice pursuant to the provisions of Ordinance of the Ministry of Justice if said mother is currently a Japanese citizen or was a Japanese citizen at the time of her death.(2) The notification set forth in the preceding paragraph shall be carried out by a statutory agent on behalf of said person desiring to acquire nationality if said person is under fifteen years of age. (3) If the person desiring to make notification as provided in paragraph (1) is unable to make notification within the time period provided for in said paragraph due to a natural disaster or some other cause not attributable to that person, the time period of the notification shall be three months from the time when notification is possible. (4) The person making notification provided for in the provision in paragraph (1) shall acquire Japanese nationality at the time of the notification. Article 6 If a father or mother has acquired Japanese nationality pursuant to the provisions of the preceding Article, paragraph (1), the child (excluding a child who was once a Japanese citizen) may acquire Japanese nationality within the time period set forth in the said paragraph through notification to the Minister of Justice pursuant to the provisions of the Ordinances of the Ministry of Justice; provided, however, that this shall not apply if said father or mother is an adoptive parent or said child was acknowledged after the time of birth. (2) The provisions from the preceding Article, paragraph (2) to paragraph (4) shall apply mutatis mutandis in the case set forth in the preceding paragraph. |
| 1994 supplementary provisions | ||
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附則（平成五年一一月一二日法律第八九号）抄 Supplementary Provisions (Act No. 89 of November 12, 1993) (Extract) |
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Japanese 国籍法 |
Structural translation Nationality Law |
JLT translation Nationality Act |
(施行期日)第一条 この法律は、行政手続法（平成五年法律第八十八号）の施行の日から施行する。(諮問等がされた不利益処分に関する経過措置)第二条 この法律の施行前に法令に基づき審議会その他の合議制の機関に対し行政手続法第十三条に規定する聴聞又は弁明の機会の付与の手続その他の意見陳述のための手続に相当する手続を執るべきことの諮問その他の求めがされた場合においては、当該諮問その他の求めに係る不利益処分の手続に関しては、この法律による改正後の関係法律の規定にかかわらず、なお従前の例による。(罰則に関する経過措置)第十三条 この法律の施行前にした行為に対する罰則の適用については、なお従前の例による。(聴聞に関する規定の整理に伴う経過措置)第十四条 この法律の施行前に法律の規定により行われた聴聞、聴問若しくは聴聞会（不利益処分に係るものを除く。）又はこれらのための手続は、この法律による改正後の関係法律の相当規定により行われたものとみなす。(政令への委任)第十五条 附則第二条から前条までに定めるもののほか、この法律の施行に関して必要な経過措置は、政令で定める。 |
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(Effective Date)Article 1 This Act shall come into effect as from the enforcement date of the Administrative Procedure Act (Act No. 88 of 1993).(Transitional Measure on Adverse Disposition with Consultation, etc.)Article 2 In cases where a consultation or other request is made to go through the procedures corresponding to the procedures for giving the opportunity of the hearing or explanation provided in the Administrative Procedure Act, Article 13 or other procedure for an opinion statement to a council or any other panel based on the laws and regulations prior to the enforcement of this Act, the provisions then in force shall remain applicable to the procedures for adverse disposition pertaining to the consultation or other request notwithstanding the provisions of related Acts revised by this Act.(Transitional Measures Relating to Penal Provisions)Article 13 With regard to the application of penal provisions for acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.(Transitional Measure Accompanying Arrangement of Provisions on Hearings)Article 14 Procedures for hearings (excluding those pertaining to adverse dispositions) implemented pursuant to the provision of Acts prior to the enforcement of this Act or procedures incidental thereto shall be deemed to have been implemented under corresponding provisions of related Acts revised by this Act.(Delegation to Cabinet Orders)Article 15 Other than those set forth from the supplementary provisions, Article 2, to the preceding Article, transitional measures required in relation to the enforcement of this Act shall be as prescribed by Cabinet Order. |
| 2005 supplementary provisions | ||
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附則（平成一六年一二月一日法律第一四七号）抄 Supplementary Provisions (Act No. 147 of December 1, 2004) (Extract) |
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Japanese 国籍法 |
Structural translation Nationality Law |
JLT translation Nationality Act |
(施行期日)第一条 この法律は、公布の日から起算して六月を超えない範囲内において政令で定める日から施行する。 |
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(Effective Date)Article 1 This Act shall come into effect as from the day prescribed by Cabinet Order within a period not exceeding six months from the date of promulgation. |
| 2009 supplementary provisions | ||
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附則（平成二〇年一二月一二日法律第八八号）抄 Supplementary Provisions (Act No. 88 of December 12, 2008) (Extract) |
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Japanese 国籍法 |
Structural translation Nationality Law |
JLT translation Nationality Act |
(施行期日)第一条 この法律は、公布の日から起算して二十日を経過した日から施行する。ただし、次の各号に掲げる規定は、当該各号に定める日から施行する。一 附則第三条第二項の規定 公布の日 二 附則第十二条の規定 この法律の公布の日又は行政手続法の一部を改正する法律（平成二十年法律第 号）の公布の日のいずれか遅い日 (従前の届出をした者の国籍の取得に関する経過措置)第二条 従前の届出（この法律の施行の日（以下「施行日」という。）前にこの法律による改正前の国籍法第三条第一項の規定によるものとしてされた同項に規定する父母の婚姻及びその認知により嫡出子たる身分を取得した子に該当しない父又は母が認知した子による日本の国籍の取得に係る届出の行為をいう。以下同じ。）をした者で、当該従前の届出の時においてこの法律による改正後の国籍法（附則第四条第一項において「新法」という。）第三条第一項の規定の適用があるとするならば同項に規定する要件（法務大臣に届け出ることを除く。附則第四条第一項において同じ。）に該当するものであったもの（日本国民であった者を除く。）は、施行日から三年以内に限り、法務大臣に届け出ることによって、日本の国籍を取得することができる。２ 前項の規定による届出は、国籍を取得しようとする者が十五歳未満であるときは、法定代理人が代わってする。 ３ 第一項の規定による届出をした者は、その届出の時に日本の国籍を取得する。ただし、平成十五年一月一日以後に従前の届出をしているときは、当該従前の届出の時にさかのぼって日本の国籍を取得する。 (平成二十年六月五日以後に従前の届出をした場合の特例)第三条 平成二十年六月五日以後に従前の届出をした者については、法務大臣に対して反対の意思を表示した場合を除き、施行日に前条第一項の規定による届出をしたものとみなして、同項及び同条第三項ただし書の規定を適用する。２ 前項に規定する反対の意思の表示は、施行日前にしなければならない。 (従前の届出をした者以外の認知された子の国籍の取得に関する経過措置)第四条 附則第二条第一項の規定によるもののほか、父又は母が認知した子で、平成十五年一月一日から施行日の前日までの間において新法第三条第一項の規定の適用があるとするならば同項に規定する要件に該当するものであったもの（日本国民であった者及び同項の規定による届出をすることができる者を除く。）は、その父又は母が現に日本国民であるとき、又はその死亡の時に日本国民であったときは、施行日から三年以内に限り、法務大臣に届け出ることによって、日本の国籍を取得することができる。２ 前項の規定による届出をした者は、その届出の時に日本の国籍を取得する。 (国籍を取得した者の子の国籍の取得に関する特例)第五条 父又は母が附則第二条第一項の規定により日本の国籍を取得したとき（同条第三項ただし書の規定の適用がある場合を除く。）は、その父又は母がした従前の届出の時以後当該父又は母の日本の国籍の取得の時前に出生した子（日本国民であった者を除く。）は、施行日から三年以内に限り、法務大臣に届け出ることによって、日本の国籍を取得することができる。ただし、その父又は母が養親であるとき、又は出生の後に認知した者であるときは、この限りでない。２ 前項の規定による届出をした者は、その届出の時に日本の国籍を取得する。 ３ 附則第二条第二項の規定は、第一項の規定による届出について準用する。 (届出の期間の特例)第六条 附則第二条第一項、第四条第一項又は前条第一項の規定による届出をしようとする者が天災その他その責めに帰することができない事由によってこれらの規定に規定する期間内に届け出ることができないときは、その届出の期間は、これをすることができるに至った時から三月とする。(国籍の選択に関する特例)第七条 外国の国籍を有する者が附則第二条第一項の規定により日本の国籍を取得した場合（同条第三項ただし書の規定の適用がある場合に限る。）における国籍法第十四条第一項の規定の適用については、附則第二条第一項の規定による届出の時（附則第三条第一項の規定により当該届出をしたものとみなされる場合にあっては、施行日）に外国及び日本の国籍を有することとなったものとみなす。(国籍取得の届出に関する特例)第八条 戸籍法（昭和二十二年法律第二百二十四号）第百二条の規定は、附則第二条第一項、第四条第一項又は第五条第一項の規定により日本の国籍を取得した場合の国籍取得の届出について準用する。この場合において、同法第百二条第一項中「その取得の日」とあるのは、「その取得の日（国籍法の一部を改正する法律（平成二十年法律第八十八号）附則第二条第三項ただし書の規定の適用がある場合にあつては、同条第一項の規定による届出の日（同法附則第三条第一項の規定により当該届出をしたものとみなされる場合にあつては、同法の施行の日））」と読み替えるものとする。(国籍を取得した者の子に係る国籍の留保に関する特例)第九条 父又は母が附則第二条第一項及び第三項ただし書の規定の適用により従前の届出の時にさかのぼって日本の国籍を取得したことによって当該父又は母の日本の国籍の取得の時以後同条第一項の規定による届出の時前に出生した子が国籍法第二条及び第十二条の規定の適用を受けることとなる場合における戸籍法第百四条の規定の適用については、同条第一項中「出生の日」とあるのは、「父又は母がした国籍法の一部を改正する法律（平成二十年法律第八十八号）附則第二条第一項の規定による届出の日（同法附則第三条第一項の規定により当該届出をしたものとみなされる場合にあつては、同法の施行の日）」とする。(省令への委任)第十条 附則第二条第一項、第四条第一項及び第五条第一項の規定による届出の手続その他この法律の施行に関し必要な事項は、法務省令で定める。(罰則)第十一条 附則第二条第一項、第四条第一項又は第五条第一項の規定による届出をする場合において、虚偽の届出をした者は、一年以下の懲役又は二十万円以下の罰金に処する。２ 前項の罪は、刑法（明治四十年法律第四十五号）第二条の例に従う。 (行政手続法の一部を改正する法律の一部改正)第十二条 行政手続法の一部を改正する法律の一部を次のように改正する。附則第五条のうち国籍法第十九条を同法第二十条とし、同法第十八条の次に一条を加える改正規定中「第十九条を」を「第二十条を第二十一条とし、第十九条を」に改める。 |
(Enforcement date)
Article 1 This law shall come into force from the day at which twenty days have passed counting from the day of promulgation. However, provisions made in the following items will come into force from the day determined in the said item.
(Transitional measure concerning the acquisition of [Japanese] nationality by persons who made a prior notification)Article 2 (従前の届出をした者の国籍の取得に関する経過措置)第二条 従前の届出（この法律の施行の日（以下「施行日」という。）前にこの法律による改正前の国籍法第三条第一項の規定によるものとしてされた同項に規定する父母の婚姻及びその認知により嫡出子たる身分を取得した子に該当しない父又は母が認知した子による日本の国籍の取得に係る届出の行為をいう。以下同じ。）をした者で、当該従前の届出の時においてこの法律による改正後の国籍法（附則第四条第一項において「新法」という。）第三条第一項の規定の適用があるとするならば同項に規定する要件（法務大臣に届け出ることを除く。附則第四条第一項において同じ。）に該当するものであったもの（日本国民であった者を除く。）は、施行日から三年以内に限り、法務大臣に届け出ることによって、日本の国籍を取得することができる。２ 前項の規定による届出は、国籍を取得しようとする者が十五歳未満であるときは、法定代理人が代わってする。 ３ 第一項の規定による届出をした者は、その届出の時に日本の国籍を取得する。ただし、平成十五年一月一日以後に従前の届出をしているときは、当該従前の届出の時にさかのぼって日本の国籍を取得する。 (Special treatment of cases [of persons who] made a prior notification on or after 5 June 2008)
Article 3 Regarding persons who made a prior notification on or after 5 June 2008, excepting cases [of those who] have indicated a contrary intention to the Minister of Justice, [they] shall be viewed as having made a notification in accordance with the provisions of Paragraph 1 of the preceding article [Article 2] on the day of enforcement [of this law], and [this law] shall apply [to them] the provisions of the provisos of the same paragraph [Paragraph 1 of Article 2] and of Paragraph 3 of the same article [Article 2].
Transitional measure concerning the acquisition of [Japanese] nationality by a recognized child of a person other than [the person] who made a prior notificationArticle 4 (従前の届出をした者以外の認知された子の国籍の取得に関する経過措置)第四条 附則第二条第一項の規定によるもののほか、父又は母が認知した子で、平成十五年一月一日から施行日の前日までの間において新法第三条第一項の規定の適用があるとするならば同項に規定する要件に該当するものであったもの（日本国民であった者及び同項の規定による届出をすることができる者を除く。）は、その父又は母が現に日本国民であるとき、又はその死亡の時に日本国民であったときは、施行日から三年以内に限り、法務大臣に届け出ることによって、日本の国籍を取得することができる。２ 前項の規定による届出をした者は、その届出の時に日本の国籍を取得する。 (Special treatment concerning the acquisition of [Japanese] nationality by a child of a person who acquired [Japanese] nationality [under the transitional measure of Article 2])Article 5 (国籍を取得した者の子の国籍の取得に関する特例)第五条 父又は母が附則第二条第一項の規定により日本の国籍を取得したとき（同条第三項ただし書の規定の適用がある場合を除く。）は、その父又は母がした従前の届出の時以後当該父又は母の日本の国籍の取得の時前に出生した子（日本国民であった者を除く。）は、施行日から三年以内に限り、法務大臣に届け出ることによって、日本の国籍を取得することができる。ただし、その父又は母が養親であるとき、又は出生の後に認知した者であるときは、この限りでない。２ 前項の規定による届出をした者は、その届出の時に日本の国籍を取得する。 ３ 附則第二条第二項の規定は、第一項の規定による届出について準用する。 ()Article 6(届出の期間の特例)第六条 附則第二条第一項、第四条第一項又は前条第一項の規定による届出をしようとする者が天災その他その責めに帰することができない事由によってこれらの規定に規定する期間内に届け出ることができないときは、その届出の期間は、これをすることができるに至った時から三月とする。()Article 7(国籍の選択に関する特例)第七条 外国の国籍を有する者が附則第二条第一項の規定により日本の国籍を取得した場合（同条第三項ただし書の規定の適用がある場合に限る。）における国籍法第十四条第一項の規定の適用については、附則第二条第一項の規定による届出の時（附則第三条第一項の規定により当該届出をしたものとみなされる場合にあっては、施行日）に外国及び日本の国籍を有することとなったものとみなす。()Article 8(国籍取得の届出に関する特例)第八条 戸籍法（昭和二十二年法律第二百二十四号）第百二条の規定は、附則第二条第一項、第四条第一項又は第五条第一項の規定により日本の国籍を取得した場合の国籍取得の届出について準用する。この場合において、同法第百二条第一項中「その取得の日」とあるのは、「その取得の日（国籍法の一部を改正する法律（平成二十年法律第八十八号）附則第二条第三項ただし書の規定の適用がある場合にあつては、同条第一項の規定による届出の日（同法附則第三条第一項の規定により当該届出をしたものとみなされる場合にあつては、同法の施行の日））」と読み替えるものとする。()Article 9(国籍を取得した者の子に係る国籍の留保に関する特例)第九条 父又は母が附則第二条第一項及び第三項ただし書の規定の適用により従前の届出の時にさかのぼって日本の国籍を取得したことによって当該父又は母の日本の国籍の取得の時以後同条第一項の規定による届出の時前に出生した子が国籍法第二条及び第十二条の規定の適用を受けることとなる場合における戸籍法第百四条の規定の適用については、同条第一項中「出生の日」とあるのは、「父又は母がした国籍法の一部を改正する法律（平成二十年法律第八十八号）附則第二条第一項の規定による届出の日（同法附則第三条第一項の規定により当該届出をしたものとみなされる場合にあつては、同法の施行の日）」とする。()Article 10(省令への委任)第十条 附則第二条第一項、第四条第一項及び第五条第一項の規定による届出の手続その他この法律の施行に関し必要な事項は、法務省令で定める。()Article 11(罰則)第十一条 附則第二条第一項、第四条第一項又は第五条第一項の規定による届出をする場合において、虚偽の届出をした者は、一年以下の懲役又は二十万円以下の罰金に処する。２ 前項の罪は、刑法（明治四十年法律第四十五号）第二条の例に従う。 |
(Effective Date)Article 1 This Act shall come into effect on the day on which twenty days have elapsed from the date of promulgation; provided, however, that the provisions listed in the following items shall come into force from the day provided therein.(i) The provisions of the supplementary provisions, Article 3, paragraph (2): the day of promulgation; (ii) The provisions of the supplementary provisions, Article 12: the day of promulgation of this Act or the day of promulgation of the Act (Act No. of 2008) partially revising the Administrative Procedure Act, whichever is later. (Transitional Measures Relating to the Acquisition of Nationality of a Person Making the Former Notification)Article 2 A person making a former notification (referring to the act of notification pertaining to acquisition of Japanese nationality by a child acknowledged by a father or mother not falling under children having acquired the status of a child born in wedlock through the marriage of the father and mother and their acknowledgement provided in Article 3, paragraph (1) of the Nationality Act prior to revision by this Act pursuant to the provisions of said paragraph before the day of enforcement of this Act (hereinafter referred to as "enforcement date"); the same shall apply hereinafter) falling under the requirements (except for notification to the Minister of Justice; the same shall apply in the supplementary provisions, Article 4, paragraph (1)) provided in Article 3, paragraph (1) of the Nationality Act after revision by this Act (referred to as the "New Act" in the supplemental provisions, Article 4, paragraph (1)), if said paragraph applies (except for a person who was once a Japanese citizen) at the time of said former notification, may acquire Japanese nationality through notification to the Minister of Justice within three years of the enforcement date.(2) The notification set forth in the preceding paragraph shall be carried out by a statutory agent on behalf of said person desiring to acquire nationality if said person is under fifteen years of age. (3) The person making a notification provided for in the provision in paragraph (1) shall acquire Japanese nationality at the time of the notification; provided, however, that if the former notification is made on or after January 1, 2003, Japanese nationality shall be acquired retroactively to the time of the former notification. (Special Provisions for Cases where a Former Notification Was Made on or after June 5, 2008)Article 3 Except where a contrary intention is indicated to the Minister of Justice, a person making a former notification on or after June 5, 2008 shall be deemed to have made the notification provided for in the provision in the preceding Article, paragraph (1) on the enforcement date, and the provisions of said paragraph and said Article, paragraph (3), proviso shall apply.(2) The indication of contrary intention prescribed in the preceding paragraph shall be made on or before the enforcement date. (Transitional Measures on Acquisition of Nationality by a Child Acknowledged by Other than a Person Making a Former Notification)Article 4 Other than as provided for in the provision of the supplementary provisions, Article 2, paragraph (1), a child acknowledged by the father or mother who falls under the requirements provided in the New Act, Article 3, paragraph (1) should that provision apply during the period from January 1, 2003 until the day before the enforcement date (except for a person who once was a Japanese citizen and a person able to make notification provided for in the provision in said paragraph) may acquire Japanese nationality if the father or mother is currently a Japanese citizen or was so at the time of death through notification to the Minister of Justice limited to within three years of the enforcement date.(2) The person making notification provided for in the provisions set forth in the preceding paragraph shall acquire Japanese nationality at the time of the notification. (Special Provisions on Nationality Acquisition of a Child of a Person Having Acquired Nationality)Article 5 If a father or a mother has acquired Japanese nationality pursuant to the provisions of the supplementary provisions, Article 2, paragraph (1) (excluding cases in which the provisions of the same Article, paragraph (3), proviso applies), a child (except one who was once a Japanese citizen) born before said father or mother acquired Japanese nationality, at or after the time of a former notification by said father or mother, may acquire Japanese nationality through notification to the Minister of Justice limited to within three years of the enforcement date; provided, however, that this shall not apply if the father or mother is an adoptive parent or the child was acknowledged after the time of birth.(2) The person making notification provided for in the provisions set forth in the preceding paragraph shall acquire Japanese nationality at the time of the notification. (3) The provisions of the supplementary provisions, Article 2, paragraph (2) shall apply mutatis mutandis to the notification provided for in the provisions of paragraph (1). (Special Provisions of the Notification Period)Article 6 If the person desiring to make notification as provided in the supplementary provisions, Article 2, paragraph (1), Article 4, paragraph (1), or the preceding Article, paragraph (1) is unable to make notification within the time period provided in these provisions due to a natural disaster or some other cause not attributable to that person, the time period of the notification shall be three months from the time when notification is possible.(Special Provisions on Nationality Selection)Article 7 For the application of the provisions of the Nationality Act, Article 14, paragraph (1) where a person having a foreign nationality has acquired Japanese nationality pursuant to the provisions of the supplementary provisions, Article 2, paragraph (1) (limited to where the provisions of the same Article, paragraph (3), proviso applies), that person shall be deemed to have had foreign and Japanese nationality at the time of notification provided for in the provision of the supplementary provisions, Article 2, paragraph (1) (on the enforcement date in cases where the notification is deemed to be made pursuant to the provision of the supplementary provisions, Article 3, paragraph (1)).(Special Provisions of Notification of Acquisition of Nationality)Article 8 The provisions of the Family Registration Act (Act No. 224 of 1947), Article 102 shall apply mutatis mutandis to notification of acquisition of nationality in cases where Japanese nationality was acquired pursuant to the provision of the supplementary provisions, Article 2, paragraph (1), Article 4, paragraph (1), or Article 5, paragraph (1). In such cases, the term "the date of that acquisition" in said Act, Article 102, paragraph (1) shall be read "the date of that acquisition (in cases of application of the provision of the supplementary provisions, Article 2, paragraph (3), proviso of the Act partially revising the Nationality Act (Act No. 88 of 2008), the date of notification pursuant to the provision of the same Article, paragraph (1) (in cases where said notification shall be deemed to have been made pursuant to the provision of the same Act, Supplemental Provisions, Article 3, paragraph (1), the date of enforcement of said Act))."(Special Provisions for Reserving Nationality Pertaining to a Child of a Person Having Acquired Nationality)Article 9 For application of the provision of the Family Registration Act, Article 104 where a child born before the time of notification provided for in the provisions of the supplementary provisions, Article 2, paragraph (1) at or after the time of acquisition of Japanese nationality by the father or mother through acquisition of Japanese nationality retroactive to the time of former notification by the father or mother through the application of the provision of the supplementary provisions, Article 2, paragraph (1) and paragraph (3), proviso receives application of the provision of the Nationality Act, Article 2 and Article 12, the "date of birth" in that same Article, paragraph (1) shall be "the date of notification by the father or mother provided for in the provisions of the supplementary provisions, Article 2, paragraph (1) of the Act partially revising the Nationality Act (Act No. 88 of 2008), (in cases where said notification shall be deemed to be made pursuant to the provision of said Act, supplementary provisions, Article 3, paragraph (1), the date of enforcement of said Act)."(Delegation to Ordinance of the Ministry)Article 10 The procedures of notification provided for in the provisions of the supplementary provisions, Article 2, paragraph (1), Article 4, paragraph (1), and Article 5, paragraph (1) as well as matters required relating to the enforcement of this Act shall be provided by Ordinance of the Ministry of Justice.(Penal Provisions)Article 11 In cases of notification provided for in the provisions of the supplemental provisions, Article 2, paragraph (1), Article 4, paragraph (1), or Article 5, paragraph (1), a person making a false notification shall be punished by not more than one year of imprisonment with work or a fine of not more than two hundred thousand yen.(2) The violation of the preceding Article shall be governed by the Penal Code (Act No. 45 of 1907), Article 2. |