The Mipro Guide toStarting a Business in Japan～ Obtaining Authorization～

外国人のための起業ガイドブック（許認可編）

Table of Contents

1. Starting a Business and Obtaining Authorization

 4

2. Travel Business 6

2-1. Class 1 Travel Operator

 72-2. Class 2, Class 3 and Regional Travel Operator

 10

2-3. Travel agency

 14

2-4. Land operation business 17

3. Hotel Business and Private Lodging Business 20

3-1. Hotel business 21

3-2. Private lodging business (Minpaku)

 25

4. Liquor Sales Business 29

4-1. General liquor retail business 30

4-2. Mail-order/online liquor retail business 33

4-3. Liquor wholesale business 37

5. Eating and Drinking Establishment Business 42

6. Manpower Agency Business 45

7. Fee-charging Employment Referral Service Business 50

8. Cosmetics Marketing Business, Cosmetics Manufacture Business 56

9. Secondhand Articles Dealer

 60

Shuji Takahashi,
MIPRO Investment Adviser, Administrative Scrivener
Served in the General Administrative Agency of the Cabinet (currently the Cabinet Officeand the Ministry of Internal Affairs and Communications) as well as the Cabinet Secretariat.
He then worked for foreign-affiliated information service companies among othercompanies before establishing an administrative scrivener office in December 2003.
Specializes in business startup and establishment assistance, approval and authorization
procedures, and residence status applications for foreigners.
At MIPRO, he provides free face-to-face consultations and conducts business startup
seminars for foreigners.
March 2020
Manufactured Imports and Investment Promotion Organization (MIPRO)

1. Starting a Business and Obtaining Authorization

1. Starting a Business and Obtaining Authorization
Some businesses can be started freely, while some others cannot be started without taking priorprocedures at a government administration office. Therefore, when starting a business, you are requested
to check whether authorization for the business should be obtained.

1

How to do a search on whether authorization for thebusiness needs to be obtained(1) Research on the Internet.
Perform a search using key words such as a business type, product name and name of service, and lookfor websites of related government administration offices and websites of experts such as Administrative
Scriveners. Those websites may provide information on whether authorization is required for the business.
Example of key word search: cosmetics authorization Tokyo(2) Take advantage of free consultation services.
Each prefecture and municipal government, the Chamber of Commerce and Industry, the Organizationfor Small & Medium Enterprises and Regional Innovation, JAPAN and many other organizations that
support small and medium enterprises provide free consultation services for business startups. It is also
helpful to take advantage of those free consultation services.

(3) Consult with those who have already started a business in the same businesscategory.
One useful method is to ask a person who has already been conducting a business in the same businesscategory whether it is necessary to obtain authorization or not. Although you need to separately check
whether the information is accurate, you may be able to obtain other useful information that serves as areference concerning the business.

2

Learning the procedures and conditions for obtaining
authorization

If you find that authorization is required for your desired business, look into authorization conditions,procedures, application methods, etc.

(1) Relevant government administration office
Websites of government administration offices may provide application guidelines describing theoverview of authorization and procedures for obtaining authorization, as well as application forms in PDF
or other downloadable formats. Information provided by government administration offices is the mostreliable and therefore we recommend that you make preparations for obtaining authorization based onsuch information.
Once you have collected information on authorization, contact the consultation desk at the relevant
government administration office before starting a business. If you only search websites and otherinformation sources by yourself, you could have some unclear points and inaccurate information, which
can be solved or corrected by contacting the consultation desk. In addition, you can obtain necessary
application forms and detailed information such as application methods.
Note that in making an application for authorization, you may be virtually required to contact theconsultation desk at a relevant government administration office before starting a business.
4

1. Starting a Business and Obtaining Authorization(2) Public-interest organizations and experts
Although information publicized by government administration offices is most accurate and reliable,
there are cases where it contains difficult explanations and incomprehensible technical terms. In suchcases, it is recommended to refer to websites operated by public-interest organizations and groups that
support business startups and experts such as Administrative Scriveners and, in some cases, to contact theirconsultation desk in person.

3

Making preparations for the business and obtaining
authorization

To start a business, you need to make preparations such as securing business funds, meeting
requirements for establishing a company, and securing human resources. You can start a business smoothly
by making business preparations after understanding requirements for authorization you have looked into.

(1) Personnel requirements for obtaining authorizationi.	Specified licensed persons
Persons who have national certification, persons who have attended a training program or workshop,
persons who have work experience, etc.
ii. No disqualification cause applies
An applicant is not an adult ward of the state, a person who has filed for bankruptcy, a person related
to anti-social forces, etc.

(2) Financial requirements for obtaining authorization
i. A person who actually conducts a business has funds
Net assets and balance of bank account of the company (a bank statement is required in some cases).
ii. Specified amounts are paid
Application handling fees, registration and license tax, deposit money, enrollment fees for becoming
a member of a group, and membership fees(3) Temporal requirements for obtaining authorizationi. An application may require a reservation and it may take several weeks to make an application.
ii.	Some types of authorization are given on the day of application or several days after application,
while it may take several months after application to obtain other types of authorization.

(4) Geographical requirements for obtaining authorizationi.	Some areas are called "use districts (yoto chiiki)" where the use of land is restricted, and some
limitations may be placed on your business activities.
ii. Some business is not permitted, if there is a kindergarten or school nearby.

(5) Business establishment requirements for obtaining authorization
Conditions for obtaining authorization, including a minimum area size of business establishment and abusiness office's room plan for protecting privacy, may be imposed.
As they say, "people," "things" and "money" are required to start a business, and these are also importantwhen obtaining authorization. Proceed with business preparations after collecting adequate information.

5

2. Travel Business2. Travel Business
Authorization for various types of travel business, which is explained on the following pages, issummarized in the table below.

Figure 1.
Administrative agency incharge of registration(party to which an
application is submitted)

Class 1

Commissioner of the Japan
Tourism Agency

Travel Operator

Categories oftravelbusiness

Class 2

Class 3

Regional

Travel agency

Prefectural governor who
has jurisdiction over thelocation of the principal
place of business
Prefectural governor who
has jurisdiction over thelocation of the principal
place of business
Prefectural governor who
has jurisdiction over thelocation of the principal
place of business
Prefectural governor who
has jurisdiction over thelocation of the principal
place of business

Scope of services *1
Planned tour
Operator-organized
Order(package)made(custom)
Overseas
Domestic

Requirements for registration
Travelarrangements

Businesssecuritymoney *2
(yen)

Reference
assets *3(yen)Appointmentof a certified
travel service
supervisor

○

○

○

○

70 million(14 million)

30 million

Required

×

○

○

○

11 million(2.2 million)

7 million

Required

3 million(600,000)

30 million

Required

150,000(30,000)

1 million

Required

Not required-

Required

××△(Neighboring○○municipalities,
etc.)
△
△
△
(Neighboring (Neighboring (Neighboringmunicipalities, municipalities, municipalities,
etc.)
etc.)
etc.)
Services entrusted by travel operators*1 Scope of services
Operator-organized tour: a travel operator prepares a travel plan beforehand and solicits travelers (example: package tour)
Order-made tour: a travel operator prepares a travel plan at the request of a traveler (example: school trip)
Travel arrangements: a travel operator arranges for accommodation facilities, railway and other tickets, and other services
Execution, on behalf of another company, of a contract for an operator-organized tour implemented by such company:a contract for an operator-organized tour implemented by another company is executed on behalf of such company.
*2 If the applicant is a member of an association of travel agents, the applicant pays a share of security deposit for compensation
(which constitutes one fifth of business security money) instead of depositing business security money (the amount in parentheses indicates the amountof share of security deposit for compensation ). In addition, the amounts listed are for cases where the annual turnover is less than
200 million yen, and as the amount of turnover increases, the amount to be deposited also increases.
*3 In registering a travel business, administrative agencies check that the applicant has a financial basis necessary for conducting the business.

[What is an association of travel agents?]
An organization that has been designated by the Commissioner of the Japan Tourism Agency in accordance with the provisions of Chapter
3 of the Travel Agency Act and conducts the following operations.
- Resolution of complaints about travel services or land operations- Provision of training to persons who engage in travel services or land operations- With regard to payables to a traveler that arise from transactions related to travel services between such traveler and a travel operator
which is a guaranteed employee of the association or a travel agency that belongs to the travel operator, repayment of such payables- Provision of instructions to travel operators, etc. or land operators- Ensuring fair transactions related to travel services and land operations or conducting investigations, research and public relations activities
to ensure sound development of such transactions
Currently, there are two designated organizations.
The Japan Association of Travel Agents, a general incorporated association
https://www.jata-net.or.jp/
All Nippon Travel Agents Association, a general incorporated association
http://www.anta.or.jp/

Japan Tourism Agency: Travel Agency Act
http://www.mlit.go.jp/kankocho/shisaku/sangyou/ryokogyoho.html
http://www.mlit.go.jp/kankocho/en/shisaku/sangyou/index.html

6

2-1. Class 1 Travel Operator

2-1. Class 1 Travel Operator
1

Overview of services provided

What is Class 1 Travel Operator?
Class 1 Travel Operator refers to a registered travel operator in which all travel contracts, such as
overseas and domestic operator-organized tours, order-made tours, travel arrangements and conclusion on
behalf of another company of contracts for operator-organized tours implemented by such company, canbe handled.

2

Name of authorization

Registration of Class 1 Travel Operator

3

Governing law

Travel Agency Act

4

Criteria for authorization(1) Party to which an application is submitted

Commissioner of the Japan Tourism Agency (Planning and Tourism Department, District Transport
Bureau, which has jurisdiction over the location of the principal place of business; in the case of Okinawa
Prefecture, Planning Office, Transport Department, Okinawa General Bureau)
The Japan Association of Travel Agents, a general incorporated association: Administrative Agencies in
Charge of Registration
http://www.jata-net.or.jp/membership/industry/list/1.html(2) Application documents

i. Registration application form
ii. Articles of incorporation or articles of endowmentiii. Certificate of registered items
iv. Written pledge stating that no cause for disqualification of officers applies
v. Business plan for travel services
vi. Copy of a contract concerning issuance of airline tickets (if there is any such contract)vii. Copy of a contract with an overseas land operator, etc. (if there is any such contract)viii. Overview of organization for travel services
ix. Balance sheets and P&L statements for recent fiscal years
x.	Audit certificate, if an applicant received a financial audit conducted by a certified public accountant
or auditing firm; In other cases, a copy of a tax return, etc.
xi.	An enrollment confirmation document issued by an association of travel agents, if an applicant
joins an association of travel agents and becomes a full member (guaranteed employee) of theassociation* immediately after registration
*A "guaranteed employee" refers to a travel company that is a full member of an association of
travel agents.
xii. List of appointed certified travel service supervisors
Travel service supervisor certificates for such supervisors appointed
Resumes of appointed certified travel service supervisors7

2-1. Class 1 Travel Operator(3) Screening period

Standard processing period: 60 days

(4) Handling fee

Registration and license tax: 90,000 yen
Other than the above, deposit of business security money or payment of a share of security deposit forcompensation(5) Personnel requirements⃝Appointment of at least one "certified travel service supervisor " for each business office- Business office that handles overseas travel
A person who has passed the Examination for Certified General Travel Service Supervisor- Business office that handles domestic travel only
A person who has passed the Examination for Certified General Travel Service Supervisor or the
Examination for Certified Domestic Travel Service Supervisor⃝Causes for rejection of registrationi.	A person whose registration as a travel operator or travel agency is revoked in accordance with
Article 19 of the Travel Agency Act or whose registration as a land operator is revoked inaccordance with Article 37 of the Travel Agency Act and for whom five years have not yet passed
since the date of the revocation.
ii.	A person who was sentenced to imprisonment or a heavier penalty or was sentenced to a fine forviolation of the Travel Agency Act and for whom five years have not yet passed since the day on
which the person finished serving the sentence or ceased to be subject to its enforcementiii. Organized crime group member, etc.
iv.	A person who acted unjustly in relation to travel services or land operations within five years before
an applicationv.	A minor whose capacity to act in relation to business operations is not the same as that of an adultand whose statutory agent falls under any of (i) to (iv) above
vi.	A person who is an adult ward of the state or under conservatorship or who has been subjected to aruling for the commencement of bankruptcy proceedings and has not been reinstatedvii. A corporation whose officer(s) falls under any of (i) to (iv) and (vi) above
viii. A person whose business activities are controlled by an organized crime group member, etc.
ix.	A person who is not deemed to surely appoint a certified travel service supervisor for each businessoffice in accordance with Article 11-2 of the Travel Agency Act
x.	A person who intends to operate a travel business but has no financial basis that meets criteria thatare deemed necessary for conducting such business and are established by an Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism
The Japan Association of Travel Agents, a general incorporated association: Overview of Travel
Business Systems
http://www.jata-net.or.jp/membership/industry/notification/application/1.html(6) Financial requirements (asset requirements)

i. Minimum business security money
70 million yen or a share of security deposit for compensation that amounts to 14 million yen
ii. Reference assets
30 million yen
Reference asset calculation method
Calculated based on finalized financial statements for the fiscal year immediately prior to the application8

2-1. Class 1 Travel Operator

Reference asset amount={(Total amount of assets) - (Initial expenses and other deferred assets) - (Goodwill)- (Doubtful accounts)} - (Total amount of liabilities)- (required business security money or share of security deposit for compensation)

5

Effective period of authorization

Five years

6

Procedural flow

Figure 2.
Prior consultation and prior screening

Tourism Industry Division, Japan Tourism Agency

Submission of application form

Tourism Planning Division, Tourism Department, District Transport Bureau,
which has jurisdiction over the location of the business office

Check specific criteria for authorization, documents to be prepared,
procedural flow, etc.

Approval of registration
Payment of registration and license tax

7

Deposit of business security money or payment of a share of security
deposit to an association of travel agents which the applicant joined

Relevant government administration office

Minister of Land, Infrastructure, Transport and Tourism

8

Reference URLJapan Tourism Agency, Ministry of Land, Infrastructure, Transport and Tourism
http://www.mlit.go.jp/kankocho/shisaku/sangyou/ryokogyoho.html
https://www.mlit.go.jp/kankocho/en/shisaku/sangyou/ryokogyoho.html
The Japan Association of Travel Agents, a general incorporated association
https://www.jata-net.or.jp/
https://www.jata-net.or.jp/english/index.htm
All Nippon Travel Agents Association, a general incorporated association
http://www.anta.or.jp/

9Reference URL for application forms

Application forms can be purchased on the website of the Japan Association of Travel Agents, a generalincorporated association
http://www.jata-net.or.jp/membership/purchase/hanpu.html

9

2-2. Class 2, Class 3 and Regional Travel Operator

2-2. Class 2, Class 3 and Regional Travel Operator
1

Overview of services provided

i. What is Class 2 Travel Operator?
Class 2 Travel Operator refers to the registered travel operator in which overseas operator-organized
tours cannot be implemented, but domestic operator-organized tours, overseas and domestic order-madetours, and overseas and domestic travel arrangements can be implemented and contracts for operatororganized tours implemented by another company can be concluded on behalf of such company.
ii. What is Class 3 Travel Operator?
Class 3 Travel Operator refers to the registered travel operator in which overseas operator-organized
tours cannot be implemented, but operator-organized tours in the location of a business office andmunicipalities adjacent to such location, overseas and domestic order-made tours, and overseas anddomestic travel arrangements can be implemented and contracts for operator-organized tours implemented
by another company can be concluded on behalf of such company.
iii. What is Regional Travel Operator?
Regional Travel Operator refers to the registered travel operator in which operator-organized tours in thelocation of a business office and municipalities adjacent to such location, order-made tours and travel
arrangements can be implemented and contracts for operator-organized tours implemented by anothercompany can be concluded on behalf of such company.

2

Name of authorization

Registration of Class 2 Travel Operator
Registration of Class 3 Travel Operator
Registration of Regional Travel Operator

3

Governing law

Travel Agency Act

4

Criteria for authorization(1) Party to which an application is submitted
Prefectural governor who has jurisdiction over the location of the principal place of business(In the case of Tokyo, Travel Business Desk, Promotion Section, Tourism Division, Bureau of Industrial
and Labor Affairs, Tokyo Metropolitan Government)(2) Application documents
i. Registration application form
ii. Articles of incorporation or articles of endowment【in the case of a corporation】
iii. Certificate of registered items【in the case of a corporation】
10

2-2. Class 2, Class 3 and Regional Travel Operatoriv.	Written pledge stating that no cause for disqualification of officers applies【in the case of acorporation】
v. Written pledge of the business operator【in the case of an individual】
vi. Certificate of residence of the business operator【in the case of an individual】
vii. Business plan for travel services
viii. Overview of organization for travel servicesix.	Copies of the most recent "corporate income tax return" and attached documents【in the case of acorporation】
x. Record of property【in the case of an individual】
xi. List of appointed certified travel service supervisorsxii. Documents that attest to the right to use a business office(s)xiii. A document that describes a system for responding to accidents
xiv. Standard travel contract(3) Screening period
Standard processing period: 30 to 40 days

(4) Handling fee
90,000 yen(5) Personnel requirements⃝Appointment of at least one "certified travel service supervisor" for each business office- Business office that handles overseas travel
A person who has passed the Examination for Certified General Travel Service Supervisor- Business office that handles domestic travel only
A person who has passed the Examination for Certified General Travel Service Supervisor or the
Examination for Certified Domestic Travel Service Supervisor⃝Causes for rejection of registrationi.	
A person whose registration as a travel operator or travel agency is revoked in accordance with
Article 19 of the Travel Agency Act or whose registration as a land operator is revoked inaccordance with Article 37 of the Travel Agency Act and for whom five years have not yet passed
since the date of the revocation.
ii.	A person who was sentenced to imprisonment or a heavier penalty or was sentenced to a fine forviolation of the Travel Agency Act and for whom five years have not yet passed since the day on
which the person finished serving the sentence or ceased to be subject to its enforcementiii. Organized crime group member, etc.
iv.	A person who acted unjustly in relation to travel services or land operations within five years before
an applicationv.	A minor whose capacity to act in relation to business operations is not the same as that of an adultand whose statutory agent falls under any of (i) to (iv) above
vi.	A person who is an adult ward of the state or under conservatorship or who has been subjected to aruling for the commencement of bankruptcy proceedings and has not been reinstatedvii. A corporation whose officer(s) falls under any of (i) to (iv) and (vi) above
viii. A person whose business activities are controlled by an organized crime group member, etc.
ix.	A person who is not deemed to surely appoint a "certified travel service supervisor" for eachbusiness office in accordance with Article 11-2 of the Travel Agency Act

112-2. Class 2, Class 3 and Regional Travel Operatorx.	A person who intends to operate a travel business and who has no financial basis that meets criteriathat are deemed necessary for conducting such business and established by an Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism
Travel Business Desk, Promotion Section, Tourism Division, Bureau of Industrial and Labor Affairs,
Tokyo Metropolitan Government: To those who intend to apply for new registration of travel business
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/59c3a086a95884cd2cae30e844fe0a65.pdf(6) Financial requirements (asset requirements)

Category

Minimum business security money(Share of security deposit for compensation)

Reference assets

Class 2
Travel Operator

11 million yen(2.2 million yen)

7 million yen

Class 3
Travel Operator

3 million yen(600,000 yen)

3 million yen

Regional
Travel Operator

150,000 yen(30,000 yen)

1 million yen

Reference asset calculation method (Calculation is made based on finalized financial statements for the
fiscal year immediately prior to the application)
Reference asset amount
={(Total amount of assets) - (Initial expenses and other deferred assets) - (Goodwill)- (Doubtful accounts)} - (Total amount of liabilities)- (required business security money or share of security deposit for compensation)

5

Effective period of authorization

Five years122-2. Class 2, Class 3 and Regional Travel Operator

6

Procedural flow (in the case of Tokyo)

Figure 3.
•Check specific criteria for authorization, documents to be prepared, procedural flow, etc.
•To avoid registering a trade name that is similar to that of an existing trade agent, checkwith the party to which the application is submitted by phone or other means ofcommunication if there is any similar trade name, before submitting the application form.
•The “purpose” of the corporation must be “travel business” or “travel business under theTravel Agency Act.”•List of parties to which an application is submitted: see “Administrative Agencies in
Charge of Registration” by the Japan Association of Travel Agents, a general incorporated
association http://www.jata-net.or.jp/membership/industry/list/1.html

Prior
consultation

Submission of
application form

Reserve the date of application in advance by phone

Includes an inspection of the business office by the Tokyo Metropolitan Government

Screening
Approval ofregistration
Payment ofregistration andlicense tax

7

Deposit of business security money or payment of a share of security deposit to an
association of travel agents which the applicant joined

Relevant government administration office

Prefectural governor who has jurisdiction over the principal place of business

8

Reference URLJapan Tourism Agency, Ministry of Land, Infrastructure, Transport and Tourism
http://www.mlit.go.jp/kankocho/shisaku/sangyou/ryokogyoho.html
https://www.mlit.go.jp/kankocho/en/shisaku/sangyou/ryokogyoho.html
Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/ryokotsuyaku/ryokotouroku/

9

Reference URL for application forms

Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government: application and procedures
List of application forms for new registration of travel business
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/06f9ca1c8293ec4034811a07beb4f07d.pdf
The Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/ryokotsuyaku/ryokotouroku/

132-3. Travel agency

2-3. Travel agency
1

Overview of services provided

What is a travel agency?
Travel agency refers to the registered travel operator in which travel services entrusted by a travel
operator to which such agency belongs can be provided. Such agency can sell tour products of anothercompany on behalf of such company. A business operator who conducts travel business in the scope ofwork in a business representative service contract with a travel operator is deemed as a travel agency.
However, such agency cannot organize a tour in-house. In addition, such agency cannot act on behalf of
two or more travel operators.

2

Name of authorization

Registration of travel agency

3

Governing law

Travel Agency Act

4

Criteria for authorization(1) Party to which an application is submitted
Prefectural governor who has jurisdiction over the location of the principal place of business(In the case of Tokyo, Travel Business Desk, Promotion Section, Tourism Division, Bureau of Industrial
and Labor Affairs)(2) Application documents
i. Registration application form
ii. Articles of incorporation or articles of endowment【in the case of a corporation】
iii. Certificate of registered items【in the case of a corporation】
iv.	Written pledge stating that no cause for disqualification of officers applies【in the case of acorporation】
v. Written pledge of the business operator【in the case of an individual】
vi. Certificate of residence of the business operator【in the case of an individual】
vii. Business plan for travel services
viii. Overview of organization for travel services
ix. List of appointed certified travel service supervisors
x. Documents that attest to the right to use a business office(s)xi. Service contract for a travel agent's business representative (copy)(3) Screening period
Standard processing period: 30 to 40 days

14

2-3. Travel agency(4) Handling fee
15,000 yen(5) Personnel requirements⃝Appointment of at least one "certified travel service supervisor" for each business office- Business office that handles overseas travel
A person who has passed the Examination for Certified General Travel Service Supervisor- Business office that handles domestic travel only
A person who has passed the Examination for Certified General Travel Service Supervisor or the
Examination for Certified Domestic Travel Service Supervisor⃝Causes for rejection of registrationi.	A person whose registration as a travel operator or travel agency is revoked in accordance with
Article 19 of the Travel Agency Act or whose registration as a land operator is revoked inaccordance with Article 37 of the Travel Agency Act and for whom five years have not yet passed
since the date of the revocation.
ii.	A person who was sentenced to imprisonment or a heavier penalty or was sentenced to a fine forviolation of the Travel Agency Act and for whom five years have not yet passed since the day on
which the person finished serving the sentence or ceased to be subject to its enforcementiii. Organized crime group member, etc.
iv.	A person who acted unjustly in relation to travel services or land operations within five years
before an applicationv.	A minor whose capacity to act in relation to business operations is not the same as that of an adultand whose statutory agent falls under any of (i) to (iv) above
vi.	A person who is an adult ward of the state or under conservatorship or who has been subjected toa ruling for the commencement of bankruptcy proceedings and has not been reinstatedvii. A corporation whose officer(s) falls under any of (i) to (iv) and (vi) above
viii.A person whose business activities are controlled by an organized crime group member, etc.
ix.	A person who is not deemed to surely appoint a "certified travel service supervisor" for eachbusiness office in accordance with Article 11-2 of the Travel Agency Act
x.	A person who intends to operate a travel business and who intend to act on behalf of two or moretravel operators

Travel Business Desk, Promotion Section, Tourism Division, Bureau of Industrial and Labor Affairs,
Tokyo Metropolitan Government: To those who intend to apply for new registration as a travel agent's
business representative
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/98c89250be2d9cf3d7b922173c6c7fea_1.pdf(6) Financial requirements (asset requirements)
Not applicable

5

Expiration date of authorization

No expiration date is set.
However, the registration ceases to be effective due to the following reasons:i.	When a contract where the travel agency provides travel services for a travel operator to which suchagency belongs ceases to be effective; orii. When registration of a travel operator to which such agency belongs is revoked.

152-3. Travel agency

6

Procedural flow (in the case of Tokyo)

Figure 4.
Prior consultation

Submission of
application form
Screening•Check specific criteria for authorization, documents to be prepared, procedural flow, etc.
•To avoid registering a trade name that is similar to that of an existing registered tradeagent or travel agent’s business representative, check with the party to which theapplication is submitted by phone or other means of communication if there is any similar
trade name, before submitting the application form.
•The “purpose” of the corporation must be “travel agent’s business representative” or “travel
agent’s business representative under the Travel Agency Act.”•List of parties to which an application is submitted: see “Administrative Agencies in Chargeof Registration” by the Japan Association of Travel Agents, a general incorporated
association
http://www.jata-net.or.jp/membership/industry/list/1.html
Reserve the date of application in advance by phone

Includes an inspection of the business office by the Tokyo Metropolitan Government

Approval ofregistration

7

Relevant government administration office

Prefectural governor who has jurisdiction over the principal place of business

8

Reference URL

Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/ryokotsuyaku/ryokotouroku/

9

Reference URL for application forms

Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government: application and procedures
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/970f61c8dccc60bd8794288ff73bfe43.pdf
Application forms
Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/ryokotsuyaku/ryokotouroku/

16

2-4. Land operation business

2-4. Land operation business1

Overview of services provided

What is land operation business?
Land operation business is required to be registered when on behalf of a travel business operator(including travel business operators who reside outside Japan and abide by overseas laws and regulations),
in exchange for a reward, a person conducts activities (excluding those specified in the Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism as activities that are unlikely to pose a problem interms of ensuring fairness of transactions, safety of trips and convenience of travelers), such as concluding
a contract with a provider of transportation and other services or services related to transportation, etc. totravelers, and acting as a mediator or agent between such travel business operator and such provider.
Land operator: As a result of a revision to the Travel Agency Act, you need to be registered as a land
operator by a relevant prefectural governor to conduct land operations* in Japan on or after January 4,
2018,*"Land operations" are activities that are conducted at the request of a travel agent (including overseas
travel agents) in exchange for a reward and are shown as follows:- Arranging for transportation (railway, bus, etc.) or accommodation (hotel, inn, etc.);- Arranging for a paid guide (other than a National Government Licensed Guide Interpreter and a Local
Government Licensed Guide Interpreter);- Arranging for sales of goods at a tax-free store;- Appointing at least one "land operation supervisor" for each business office;- Delivering a document at the time of signing a contract; and others
Japan Tourism Agency, Ministry of Land, Infrastructure, Transport and Tourism: Overview of a land
operator registration system (leaflet)
http://www.mlit.go.jp/common/001226273.pdf

2Name of authorization

Registration of land operation business3

Governing law

Travel Agency Act

4

Criteria for authorization(1) Party to which an application is submitted: Prefectural governor who has
jurisdiction over the location of the principal place of business( In the case of Tokyo, Travel BusinessDesk, Promotion Section, Tourism Division, Bureau of Industrial
and Labor Affairs)172-4. Land operation business(2) Application documents

i. Registration application form
ii. Articles of incorporation or articles of endowment【in the case of a corporation】
iii. Certificate of registered items【in the case of a corporation】
iv.	Written pledge stating that no cause for disqualification of officers applies【in the case of acorporation】
v. Written pledge of the business operator【in the case of an individual】
vi. Certificate of residence of the business operator【in the case of an individual】
vii. Business plan for land operation services
viii. Overview of organization for land operation services
ix. List of appointed land operation supervisors
x. Documents that attest to the right to use a business office(s)xi. A document that describes a system for responding to accidents(3) Screening period

Standard processing period: 30 to 40 days

(4) Handling fee
15,000 yen(5) Personnel requirements⃝Appointment of at least one "land operation supervisor" for each business office
A person who has passed the Examination for Certified General Travel Service Supervisor or the
Examination for Certified Domestic Travel Service Supervisor or completed a training course for land
operation supervisors⃝Causes for rejection of registrationi.	A person whose registration as a travel operator or travel agency is revoked in accordance with
Article 19 of the Travel Agency Act or whose registration as a land operator is revoked inaccordance with Article 37 of the Travel Agency Act and for whom five years have not yet passed
since the date of the revocation.
ii.	A person who was sentenced to imprisonment or a heavier penalty or was sentenced to a fine forviolation of the Travel Agency Act and for whom five years have not yet passed since the day on
which the person finished serving the sentence or ceased to be subject to its enforcementiii. Organized crime group member, etc.
iv.	A person who acted unjustly in relation to travel services or land operations within five years before
an applicationv.	A minor whose capacity to act in relation to business operations is not the same as that of an adultand whose statutory agent falls under any of (i) to (iv) above and (vii)vi.	A person who is an adult ward of the state or under conservatorship or who has been subjected to aruling for the commencement of bankruptcy proceedings and has not been reinstatedvii. A corporation whose officer(s) falls under any of (i) to (iv) and (vi) above
viii. A person whose business activities are controlled by an organized crime group member, etc.
ix.	A person who is not deemed to appoint a "land operation supervisor" for each business office inaccordance with Article 28 of the Travel Agency Act
Travel Business Desk, Promotion Section, Tourism Division, Bureau of Industrial and Labor Affairs,
Tokyo Metropolitan Government: To those who intend to apply for new registration as a land operator
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/d9b67b555a2c2e2cd0de2c817aeaf9a1.pdf(6) Financial requirements (asset requirements)
Not applicable18

2-4. Land operation business5

Expiration date of authorization

No expiration date is set.

6

Procedural flow (in the case of Tokyo)

Figure 5.
Prior consultation

Submission of
application form
Screening•Check specific criteria for authorization, documents to be prepared, procedural flow, etc.
•To avoid registering a trade name that is similar to that of an existing registered trade agent,
travel agent’s business representative or land operators, check with the party to which theapplication is submitted by phone or other means of communication if there is any similar
trade name, before submitting the application form.
•The “purpose” of the corporation must be “land operation business” or “land operation
business under the Travel Agency Act.”•List of parties to which an application is submitted: see “Administrative Agencies in Charge ofRegistration” by the Japan Association of Travel Agents, a general incorporated association
http://www.jata-net.or.jp/membership/industry/list/1.html
Reserve the date of application in advance by phone

Includes an inspection of the business office

Approval ofregistration
Payment ofregistration fee

7

Relevant government administration office

Prefectural governor who has jurisdiction over the principal place of business

8

Reference URL

Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/ryokotsuyaku/ryokotouroku/

9

Reference URL for application forms

Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/d5f21a516b61be8063016324bc48cef5_1.pdf
Application forms
Bureau of Industrial and Labor Affairs, Tokyo Metropolitan Government
http://www.sangyo-rodo.metro.tokyo.jp/sinsei/tourism/ryokotsuyaku/ryokotouroku/

19

3. Hotel Business and Private Lodging Business

3. Hotel Business and Private Lodging Business
Differences in obtaining authorization between travel business and, private lodging business which are
explained on the following pages, are summarized in the table below.

Figure 6.
Comparison of private lodging business with other businesses based on laws and systems

Authorization,
etc.

Hotel
Business Act

Private Lodging Business Act(New Private Lodging Act)

National Strategic Special Zone Act

Permission

Notification

Certification

Business
Allowedactivities in an
Not allowed (There are cases where restrictions are
exclusive district
imposed under an ordinance.)
for residential use

Allowed(There are cases where a local governmentthat gives a certification imposes restrictions.)

The annual number of days of provision of
Restriction on the
No restriction services is not more than 180 days.
number of
imposed(Restrictions on a period of conducting
business days
business can be imposed under an ordinance.)

It is required to stay for two or more nights.
(The minimum number of days is set under
an ordinance but the maximum number ofannual business days is not set.)

Enforcement area

Nationwide

Nationwide

Public Relations Office, Government of Japan
https://www.gov-online.go.jp/useful/article/201805/2.html

20

Only in special zones

3-1. Hotel business

3-1. Hotel business1

Overview of services provided

What is a hotel business?
A hotel business is defined as a "business that provides accommodation to people in exchange foraccommodation fees." "Accommodation" as used herein refers to use of facilities by use of bedding. In
other words, a hotel business means "providing accommodation to people," and leasing an apartment,room, etc. that is used as the main home is classified as a room rental business or house rental business, not
as a hotel business. In addition, a hotel business is required to "receive accommodation fees" and if
accommodation fees are not collected, the Hotel Business Act is not applicable.
Hotel business types are divided into the "business of operating an inn or hotel," the "business ofoperating a common lodging house," and the "business of operating a boarding house."i. Business of operating an inn or hotel
A business that provides accommodation to people in exchange for accommodation fees and uses
facilities other than common lodging houses and boarding houses.
ii. Business of operating a common lodging house
Accommodation facilities where one guest room is shared by many people. One guest room is offered
for shared use by many people, as exemplified by Japanese capsule hotels and mountain cottages.
iii. Business of operating a boarding house
Accommodation facilities for which accommodation fees are received in units of one month or a longer
period.

2

Name of authorization

Hotel business permit

3

Governing law

The Hotel Business Act

4

Criteria for authorization

Authorization criteria for each business type varies according to the floor area size of guest rooms,
structure of the entrance and front desk, and a difference in facilities.

(1) Party to which an application is submitted
Chief of the public health center that has jurisdiction over the location of the hotel, etc.

(2) Application documentsi.

Application for hotel business permit (overview of facilities, buildings and equipment)21

3-1. Hotel businessii.	Application form (whether the applicant falls under any item under Paragraph 2 of Article 3 of theHotel Business Act (personnel requirements such as the applicant being not an adult ward of thestate, a person related to an organized crime group, etc.))
iii. Nearby layout (showing houses, roads, schools, etc. that are located within a 300-meter radius)iv.	Building layout, plan view for each floor, front view, side view, electrical equipment layout plan
and wiring diagram, and ventilation equipment layout plan and system diagram
v. Certificate of registered items and articles of incorporation if the business owner is a corporation[Documents, etc. required after completion of facilities]
Copy of inspection completion certificate under the Building Standards Act (checking against theoriginal certificate)(3) Screening period
No information is published.

(4) Handling fee
Business of operating an inn or hotel: 23,900 yen
Business of operating a common lodging house or boarding house: 13,200 yen
(In the case of Toshima Ward, Tokyo. Handling fees vary depending on local governments.)(5) Personnel requirements(Causes for disqualification)i. An adult ward of the state or a person under conservatorshipii.	A person who has been subjected to a ruling for the commencement of bankruptcy proceedings andhas not been reinstatediii.	A person who was sentenced to imprisonment or a heavier penalty or was sentenced to a fine or alighter penalty for violation of a disposition based on tha Hotel Business Act and for whom three
years have not yet passed since the day on which the person finished serving the sentence or ceased
to be subject to its enforcementiv.	A person whose permit is revoked in accordance with Article 8 of the Act and for whom three years
have not yet passed since the date of the revocationv.	A person who is an organized crime group member defined under Article 2, Item 6 of the Act on
Prevention of Unjust Acts by Organized Crime Group Members or for whom five years have not
yet passed since the date on which the person ceased to be an organized crime group member
defined under the same itemvi.	A minor whose capacity to act in relation to business operations is not the same as that of an adultand whose statutory agent (if the statutory agent is a corporation, its officers are included) falls
under any of the preceding itemsvii. A corporation whose officer conducting its business falls under any of (i) to (v) above
viii. A person whose business activities are controlled by an organized crime group member, etc.

(6) Financial requirements
No regulations are provided.

(7) Locational requirements
If a location where a facility related to a permit application is in an area within roughly 100 meters of
the grounds of an institution listed below, and if it is found that the innocent institutional environment of
the relevant institution may be significantly marred, the permit is not granted in some cases.
- A school (excluding universities) prescribed in Article 1 of the School Education Act and an authorizedchild care center with combined preschool and daycare facilities prescribed in Article 2, Paragraph 7 of
the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of22

3-1. Hotel business

Preschool Children- A child care institution (excluding authorized child care centers with combined preschool and daycare
facilities) prescribed in Article 7, Paragraph 1 of the Child Welfare Act- An institution that is connected with the social education prescribed in Article 2 of the Social
Education Act
- An institution that is equivalent to an education program of a miscellaneous category school prescribedin Article 134, Paragraph 1 of the School Education Act.
- A library prescribed in Article 2, Paragraph 1 of the Library Act- A museum, community center, park, sports facility or other similar facilities that are offered primarily
for use by children or for use by many children and are prescribed in local government regulations.

5

Effective period of authorization

No expiration date is set.

6

Procedural flow (in the case where the Bureau of Social Welfare andPublic Health, Tokyo Metropolitan Government has relevant jurisdiction)

Figure 7.
Prior consultation

Prior consultation
about other laws
and regulations

Business permit
application/
inspection offacilities

Permission

Notification andinquiry from thepublic healthcenter to relatedorganizations

Hotel business permits are subject to standards for buildings and equipment based onlaws and ordinances and standards for hygiene management.
There are provisions, etc. related to personnel requirements and locational requirements
for business operators.
Bring documents such as two-dimensional plans of facilities with you and consult with apublic health center before making an application (preferably at the planning stage)
wherever possible.
In almost all cases, the facilities, whether new or existing, used for a hotel business are
subject to laws and regulations (such as the Fire Service Act, the Building Standards Act
and the City Planning Act) other than the Inns and Hotels Act. It is desirable to consult
with a fire station in charge of enforcing related laws and regulations and the department in charge of inspecting buildings as well beforehand.
After completion of facilities, it is necessary to receive an inspection conducted by arelevant public health center to check whether buildings and equipment comply with
relevant standards.
*Make an application early enough to allow adequate time before the scheduled startdate of business.
If compliance with standards is confirmed through document screening and inspection,
chief of the public health center grants a business permit. The business cannot be
conducted before a permit is granted.
i. Notification
After receiving an application, the public health center makes a notification to relevant
fire prevention institutions.
A notice is received from the fire prevention institutions. In doing so, the public healthcenter confirms that the facilities comply with laws and regulations related to fire
prevention, etc.
ii. Inquiry
After receiving an application, the public health center may ask educational institutions(see P22. 4. (7) Locational requirements), police, etc. for feedback as to the permission for
the facilities.

23

3-1. Hotel business

7

Relevant government administration office

Prefectures, cities where a public health center is established (such as an ordinance-designated city, core
city, etc.) and the 23 Wards of Tokyo

8

Reference URL

Ministry of Health, Labour and Welfare: Overview of the Hotel Business Act
https://www.mhlw.go.jp/bunya/kenkou/seikatsu-eisei04/03.html
Bureau of Social Welfare and Public Health, Tokyo Metropolitan Government
https://www.fukushihoken.metro.tokyo.lg.jp/smph/nisitama/soudan/ryokan.html
Itabashi Ward, Tokyo: Procedures for starting a hotel business
http://www.city.itabashi.tokyo.jp/c_kurashi/073/073424.html

9

URL for application forms

Bureau of Social Welfare and Public Health, Tokyo Metropolitan Government
https://www.fukushihoken.metro.tokyo.lg.jp/smph/nisitama/soudan/ryokan.html

24

3-2. Private lodging business(Minpaku)

3-2. Private lodging business(Minpaku)
1

Overview of services provided

What is a Private lodging?
This refers to a person who conducts a private lodging business after making a notification. A private
lodging business is a business where a person other than those who receive a permit under the HotelBusiness Act receives lodging fees and allow people to lodge in his/her residence and the number of days
when people lodge does not exceed 180 days a year.
"Residences" where the private lodging business can be conducted must be equipped with a kitchen,bathroom, toilet and washing facility. In addition, the place of residence must be actually used as the main
home of a person, a resident for such place must be recruited, and the place must be offered for residential
use by its owner, lessee or sub-lessee.
Note that some local governments have established ordinances (limiting the implementation of a private
lodging business) related to the Private Lodging Business Act and their own rules.
Reference A person who intends to conduct a private lodging business needs to be registered by
the Minister of Land, Infrastructure, Transport and Tourism.
A person who intends to conduct a private lodging mediation business needs to be registered by theCommissioner of the Japan Tourism Agency.

2

Name of authorization

Private lodging business3

Governing law

Private Lodging Business Act

4

Criteria for authorization(1) Party to which an application (notification) is submitted
Prefectural governor
A city where a public health center is established (such as an ordinance-designated city, core city, etc.)
and any of the 23 Wards of Tokyo can perform supervision (including receipt of notifications) andhandle clerical work for establishing ordinances in place of a prefecture.

(2) Application documents
Matters to be notified
i.
Trade name, organizational or personal name, address
ii. Names of officers【in the case of a corporation】
iii. Name and address of a statutory agent【in the case of a minor】
(If the statutory agent is a corporation, the trade name or organizational name, address and namesof its officers)
Locationof the residenceiv.
25

3-2. Private lodging business(Minpaku)v.
If a business office or any other office is established, its name and address
vi. Date of birth and gender【in the case of an individual】
vii. Dates of birth and genders of officers【in the case of a corporation】
viii. Date of birth and gender of a statutory agent【in the case of a minor】(If the statutory agent is a corporation, the dates of birth and genders of its officers)
ix. Corporate number【in the case of a corporation】
x.	In the case of a certified private lodging administrator, the date of registration and the registration
number
xi. Contact information
xii. Real estate number of the residencexiii.	Building type listed in Article 2 of the Enforcement Regulation of the Private Lodging BusinessActxiv. Whether the building is a single-family house, tenement, apartment or dormitory
xv. Size of the residence
xvi.	If the owner of the residence is not absent while a person is allowed to lodge there, describe suchfact.
xvii.	In the case of a lessee, describe the fact that the lessor has given approval to a sublease for the
purpose of conducting a private lodging business.
xviii.	In the case of a sub-lessee, describe the fact that the lessor and the sub-lessor have given approval
to a sublease for the purpose of conducting a private lodging business.
xix. In the case of a building subject to unit ownership, the management rules do not prohibit a private
lodging business.
xx.	If the management rules do not set out matters regarding a private lodging business, themanagement association has no intention of prohibiting such business.
Attached documents submitted at the time of notification【In the case of an individual】
i.	Certificate of registered information on guardianship, etc. stating to the effect that the applicant does
not fall under the category of an adult ward of the state or a person under conservatorshipii.	Certificate issued by a mayor of municipality stating to the effect that the applicant does not fallunder the category of a person who is deemed as an adult ward of the state or a person underconservatorship or who has been subjected to a ruling for the commencement of bankruptcy
proceedings and has not been reinstatediii.	If the applicant is a minor and if his/her statutory agent is a corporation, a certificate of registered
items of that corporation
iv. A written pledge stating that no disqualification cause applies
v. Certificate of registered items on the residencevi.	If the residence is a "building for which a resident is being recruited," an advertisement forrecruiting a resident, and other documents attesting to such factvii.	If the residence is a "building offered for residential use by its owner, lessee or sub-lessee from time
to time," a document attesting to such factviii.	Drawing of the residence (location of each piece of equipment, floor plan, entrance, number ofstories, floor spaces of the living room, lodging room and portion offered for use by lodgers)ix. In the case of a lessee, a document certifying that the lessor has given approvalx.	In the case of a sub-lessee, a document certifying that the lessor and the sub-lessor have given
approvalxi. In the case of a building subject to unit ownership, a copy of the rulesxii.	If the management rules do not set out matters regarding the operation of a private lodging business,a document certifying that the management association has no intention of prohibiting suchbusinessxiii.	If the business operations are outsourced, copies of documents delivered by the managementcompany26

3-2. Private lodging business(Minpaku)【In the case of a corporation】
i. Articles of incorporation or articles of endowment
ii. Certificate of registered itemsiii.	Certificate of registered information on guardianship, etc. stating to the effect that the officer(s) does
not fall under the category of an adult ward of the state or a person under conservatorshipiv.	Certificate issued by a mayor of municipality stating to the effect that the officer(s) does not fallunder the category of a person who is deemed as an adult ward of the state or a person underconservatorship or who has been subjected to a ruling for the commencement of bankruptcy
proceedings and has not been reinstated
v. Certificate of registered items of the residencevi.	If the residence is a "building for which a resident is being recruited," an advertisement forrecruiting a resident, and other documents attesting to such factvii.	If the residence is a "building offered for residential use by its owner, lessee or sub-lessee from time
to time," a document attesting to such factviii.	Drawing of the residence (location of each piece of equipment, floor plan, entrance, number ofstories, floor spaces of the living room, lodging room and portion offered for use by lodgers)ix. In the case of a lessee, a document certifying that the lessor has given approvalx.	In the case of a sub-lessee, a document certifying that the lessor and the sub-lessor have given
approvalxi. In the case of a building subject to unit ownership, a copy of the rulesxii.	If the management rules do not set out matters regarding the operation of a private lodging business,a document certifying that the management association has no intention of prohibiting suchbusinessxiii.	If the business operations are outsourced, copies of documents delivered by the managementcompany
xiv. A written pledge stating that no disqualification cause applies(3) Screening period
Not applicable(4) Handling fee
Not applicable(5) Personnel requirements (Causes for disqualification)i. An adult ward of the state or a person under conservatorshipii.	A person who has been subjected to a ruling for the commencement of bankruptcy proceedings andhas not been reinstatediii.	A person who was ordered to discontinue his/her private lodging business and for whom three years
have not yet passed since the date of issuance of the orderiv.	A person who was sentenced to imprisonment or a heavier penalty or was sentenced to a fine inaccordance with the Private Lodging Business Act or the Hotel Business Act and for whom three
years have not yet passed since the day on which the person finished serving the sentence or ceased
to be subject to its enforcementv.	A person who is an organized crime group member defined under Article 2, Item 6 of the Act on thePrevention of Unjust Acts by Organized Crime Group Members or for whom five years have not
yet passed since the date on which the person ceased to be an organized crime group member
defined under the same itemvi.	A minor whose capacity to act in relation to business operations is not the same as that of an adultand whose statutory agent falls under any of (i) to (v) abovevii. A corporation whose officer(s) falls under any of (i) to (v) above
viii. A person whose business activities are controlled by an organized crime group member, etc.

(6) Financial requirements (asset requirements)
Not applicable27

3-2. Private lodging business(Minpaku)

5

Effective period of authorization

No expiration date is set.

6

Procedural flow

Figure 8.
Prior consultation

Visit the relevant counter of the prefecture in which the facilities are located, and consult
about matters such as the outline of system, necessary procedures and documents

Matters to bechecked before
making a
notification

A person who intends to make a notification on a private lodging business needs tocheck the following matters before making a notification.
i. If the notifying person is a lessee or sub-lessee, check that the lessor and the
sub-lessor have given approval to a sublease of the leased item and the subleased
item for the purpose of conducting a private lodging business.
ii. If the applicant intends to conduct a private lodging business in an apartment,
check that the apartment management rules do not prohibit a private lodging
business.
*Even if the rules do not prohibit such business, it is necessary to check that the
management association does not have the policy for prohibiting such business.
iii. Obtain a notice of compliance with laws and regulations concerning fire prevention
from a fire station governing the location of the residence for which the notification
will be made.

Submission of
notification form

In principle, notification is made via the Internet through the Private Lodging System
Management System.
MINPAKU, Private Lodging System Management System
http://www.mlit.go.jp/kankocho/minpaku/business/system/index.html

7

Relevant government administration office

Prefectures, cities where a public health center is established (such as an ordinance-designated city, core
city, etc.) and the 23 Wards of Tokyo

8

Reference URL

Portal Website for Private Lodging "minpaku"
http://www.mlit.go.jp/kankocho/minpaku/index.html
http://www.mlit.go.jp/kankocho/minpaku/index_en.html

9

URL for application forms

Toshima Ward, Tokyo: Information on the Private Lodging Business
http://www.city.toshima.lg.jp/214/kurashi/ese/kankyoese/minpaku.html

28

4. Liquor Sales Business

4. Liquor Sales Business
Categories and types of the liquor sales business license, which are explained on the following pages,
are summarized in the table below. Main categories and types are described on the following page.

Figure 9.

Liquor retailbusiness licenseThis is a liquor sales
business licensethat permits
continuous sales ofliquor to consumers,
restaurant operators
or manufacturers ofconfectioneries orother food items

Liquor sales
business licenseThis is a license topermits continuous
sales of liquor(regardless ofwhether for profit or
not and whether
sold to specified
persons or tounspecified
persons)

General liquor
retail businesslicenseThis is a liquor retail business license that permits
sales of all types of liquor as a general rule in a sales
location

Mail-order/online
liquor retailbusiness licenseThis is a license that permits retail sales of liquor thatare performed by targeting consumers over a wide
area spanning two or more prefectures, by providing
product descriptions, sales prices and otherconditions through catalog description, by receiving
purchase orders by mail, telephone and other meansof communication, and by following such conditions

Special liquor
retail businesslicense, etc.

This is a liquor retail business license that permits
sales of liquor to respond to special needs of liquor
consumers, etc. (time-limited liquor retail businesslicense, etc.)

All liquor
wholesale licenseThis is a liquor wholesale license that permits
wholesale of all types of liquor as a general rule

Beer wholesale
licenseThis is a liquor wholesale license that permits
wholesale of beer

Western-stylealcohol wholesale
licenseImport andexport liquor
wholesale licenseThis is a liquor wholesale license that permits
wholesale of imported liquor and/or exported liquor

Over-the-counter
liquor wholesale
licenseThis is a liquor wholesale license that permits
wholesale of liquor in a manner that hands overliquor over-the-counter directly to liquor distributors
who are members of the wholesaler’s organizationand lets the members take out the liquor

License forwholesale ofliquor between
cooperative
members

This is a liquor wholesale license that permits
wholesale of liquor to members of a businesscooperative to which the wholesaler belongs

License forwholesale ofliquor bearing
own trademark

This is a liquor wholesale license that permits
wholesale of liquor bearing a trademark or branddeveloped by the wholesaler

Special liquor
wholesalelicense, etc.

This is a liquor wholesale license that permits
wholesale of liquor to respond to special needs ofliquor business operators

Liquor wholesale
licenseThis is a liquor sales
business licensethat permits
continuous sales ofliquor to liquor
distributors or
alcohol producers

This is a liquor wholesale license that permits
wholesale of all types of liquor including wine, sweet
wine, whiskey, brandy, sparkling liquor, other brewed
beverages, spirits, liqueurs, powdered liquor andmiscellaneous liquor or one or more liquor items

The National Tax Agency website providing information relating to sales business licenses
https://www.nta.go.jp/taxes/sake/qa/03b/01.pdf
29

4-1. General liquor retail business

4-1. General liquor retail business1

Overview of services provided

What is a general liquor retail business?
This refers to a business to sell of all types of liquor as a general rule in a sales location to consumers
and hospitality business owners, etc. that deal in liquor in a bar, restaurant, etc.

2Name of authorization

General liquor retail business license

3

Governing law

Liquor Tax Act

4

Criteria for authorization(1) Party to which an application is submitted
Tax office that has jurisdiction over a sales location for which the applicant intends to obtain a sales
business license(2) Application documents
i. Liquor sales business license application form
ii. Sales business license application form "Condition of the sales location site"iii. Sales business license application form "Layout plan of the building, etc."
iv. Sales business license application form "General outline of the business"
v. Sales business license application form "Income and expenditure forecast"vi. Sales business license application form "Amounts of funds required and procurement method"vii.	Plan for initiatives related to the sales business license application form "Liquor sales andmanagement method"viii. Checklist for a mail-order/online liquor retail business license application formix.	Written pledge for requirements for liquor sales business license (for a mail-order/online liquor
retail business license application)
x. Copies of a certificate of registered items of the corporation and its articles of incorporation
xi. Copy of a certificate of residencexii. Copy of a contract, etc.
xiii. Certificate of registered items of land and buildings
xiv. Financial statements for the past three fiscal years
xv. Certificate of tax payment issued by a prefecture and municipality
xvi. Other documents that can be used as a reference(a) Resume of the applicant (In the case of a corporation, resumes of its officers)(b) Document, etc. that explains liquors to be sold(c) Catalog, etc. that clearly shows labels used for mail-order/online liquor sales304-1. General liquor retail business(3) Screening period

Standard processing period: within two months(4) Handling fee

Registration and license tax: 30,000 yen per license(5) Personnel requirements (related to Items 1 to 8 of Article 10 of the Liquor Tax Act)i.	The applicant has not received a disposition of revocation of a liquor production license or liquor
sales business license or a license under the Alcohol Business Act.
ii.	If a corporation received a disposition of revocation of a liquor production license or liquor sales
business license or a license under the Alcohol Business Act, and if the applicant was an executive
officer of that corporation within the year prior to the date when the cause for the revocation
occurred, three years have passed since the date when the corporation received the disposition of
revocation.
iii.	The applicant has not received a disposition for failure to pay national tax or local tax within two
years prior to license application.
iv.	If the applicant has been sentenced to a fine for violation of laws and regulations related to national
tax or local tax or has been issued a notice, three years have passed since the day on which theapplicant finished serving the sentence or obeyed to the notice.
v.	If the applicant has been sentenced to a fine under the Minor Drinking Prohibition Act, the Act onControl and Improvement of Amusement Business, etc. (limited to sections relating to provision of
liquor to minors), the Act on Prevention of Unjust Acts by Organized Crime Group Members, Penal
Code (crimes of injury, incitement of injury, assault, unlawful assembly with weapons, intimidationor breach of trust) or the Act on Punishment of Violence and Other Acts, three years have passed
since the day on which the applicant finished serving the sentence or ceased to be subject to its
enforcement.
vi.	If the applicant has been sentenced to imprisonment or a heavier penalty, three years have passed
since the day on which the applicant finished serving the sentence or ceased to be subject to its
enforcement.

(6) Financial requirements (asset requirements)

There is no financial requirements based on specific amounts.
However, there is "(7) Management foundation requirement" indicated below.

(7) Management foundation requirements (related to Item 10 of Article 10 of the
Liquor Tax Act)The applicant is not someone who has filed for bankruptcy and has not been reinstated or the applicant's
management foundation is not deemed weak.
More specifically, judgment is made based on whether the applicant (if the applicant is a corporation, its
officers (limited to ones with representation authority) or its main capital investors are included) issomeone who does not fall under items a)-g) below and whether the applicant fulfill conditions in items h)and i) below.
a) Persons who have delinquent payments of national or local taxesb) Persons who have experienced a suspension of bank transactions within the year prior to making
the applicationc) The loss brought forward on the balance sheet based on the final settlement of accounts of the last
fiscal year exceeds the amount of capital, etc.
d) A loss of more than 20% of capital, etc. has been incurred each fiscal year for the past three fiscal
yearse) Persons who have violated a law or regulation related to liquor taxes and have received anotification disposition but have not carried them out, or have been prosecutedf) The relevant sales place is in violation of the Building Standards Act, City Planning Act, CroplandAct, Act on the Improvement of Urban Distribution Centers or other acts or ordinances of the local
government, and has received orders for closure or relocation.
g) It is clear that there is little possibility for the establishment of a proper management system for thesale of liquor at the relevant liquor retail sales location.
31

4-1. General liquor retail businessh) T he applicant is a person or a corporation organized by persons who are recognized as having
sufficient knowledge and ability to manage a liquor retail business properly, based on experience.
i) The applicant has the required funds, sales facilities and equipment for selling liquor continuously,or has the required funds and is recognized as surely acquiring sales facilities and equipment before
the license is granted.

5Effective period of authorization

No expiration date is set.

6

Procedural flow

Figure 10.
Submission of
application form

Complete an application form and attached documents and submit them to a tax officethat has jurisdiction over a sales location for which the applicant intends to obtain a sales
business license.
*An application form can be submitted at any time.

Screening

Screening is performed in the order of receipt of application forms in principle.
When screening is performed, the applicant may visit the tax office or checks may bedone on-site, where necessary.

Notification of
granting alicense, etc.

If a general liquor retail business license is granted as a result of screening, the applicant
is notified to that effect in writing (if such granting is not possible, the applicant is also
notified to that effect in writing).
When a license is granted, the applicant pays registration and license tax.

Start of sales ofliquor7

Relevant government administration office

National Tax Agency

8

Reference URL

National Tax Agency: Information on Liquor
http://www.nta.go.jp/taxes/sake/index.htm
JETRO: Guidebook for Export to Japan (Food Articles) 2011https://www.jetro.go.jp/ext_images/en/reports/market/pdf/guidebook_food_alcoholic_beverages_rev.pdf

9Application forms

National Tax Agency: Guide for General Liquor Retail Business License Application
http://www.nta.go.jp/taxes/sake/menkyo/tebiki/01.pdf

32

4-2. Mail-order/online liquor retail business

4-2. Mail-order/online liquor retail business1

Overview of services provided

What is a mail-order/online liquor retail business?
This is a business that can conduct retail sales of liquor by mail-order or online.*1 A liquor sales businesslicense for each sales location is required to be obtained from the director of the tax office that has
jurisdiction over the sales location in accordance with the Liquor Tax Act. For example, even if the head
office has obtained a sales business license, if a branch office intends to sell liquor, the branch office needs
to obtain a new sales business license from the director of the tax office that has jurisdiction over thelocation of the branch office. Note that the holder of a "mail-order/online liquor retail business license"
neither conducts retail sales of liquor at the store*2 nor conducts retail sales only to consumers, etc. in one
prefecture.
*1 Sales by mail-order or online: sales that are performed by targeting consumers over a wide areaspanning two or more prefectures, by providing product descriptions, sales prices and other conditions
over the Internet or through catalog description, by receiving purchase orders by mail, telephone andother means of communication, and by following such conditions*2 Retail sales at the store: sales by receiving purchase orders for liquor at the store or by handing overliquor at the store

2

Name of authorization

Mail-order/online liquor retail business license

3

Governing law

Liquor Tax Act

4

Criteria for authorization(1) Party to which an application is submitted
Tax office that has jurisdiction over a sales location for which the applicant intends to obtain a sales
business license(2) List of documents submitted
i. Liquor sales business license application form
ii. Sales business license application form "Condition of the sales location site"iii. Sales business license application form "Layout plan of the building, etc."
iv. Sales business license application form "General outline of the business"
v. Sales business license application form "Income and expenditure forecast"vi. Sales business license application form "Amounts of funds required and procurement method"vii.	Plan for initiatives related to the sales business license application form "Liquor sales andmanagement method"33

4-2. Mail-order/online liquor retail businessviii. Checklist for a mail-order/online liquor retail business license application formix.	Written pledge for requirements for liquor sales business license (for a mail-order/online liquor
retail business license application)
x. Copies of a certificate of registered items of the corporation and its articles of incorporation
xi. Copy of a certificate of residencexii. Copy of a contract, etc.
xiii. Certificate of registered items on land and buildings
xiv. Financial statements for the past three fiscal years
xv. Certificate of tax payment issued by a prefecture and municipality
xvi. Other documents that can be used as a reference(a) Resume of the applicant (in the case of a corporation, resumes of its officers)(b) Document, etc. that explains liquor to be sold(c) Catalog, etc. that clearly shows labels used for mail-order/online liquor sales(3) Screening period
Standard processing period: within two months(4) Handling fee
Registration and license tax: 30,000 yen per license(5) Personnel requirements (related to Items 1 to 8 of Article 10 of the Liquor Tax Act)i.	The applicant has not received a disposition of revocation of a liquor production license or liquor
sales business license or a license under the Alcohol Business Act.
ii.	If a corporation received a disposition of revocation of a liquor production license or liquor sales
business license or a license under the Alcohol Business Act, and if the applicant was an executive
officer of that corporation within the year prior to the date when the cause for the revocation
occurred, three years have passed since the date when the corporation received the disposition of
revocation.
iii.	The applicant has not received a disposition for failure to pay national tax or local tax within two
years prior to license application.
iv.	If the applicant has been sentenced to a fine for violation of laws and regulations related to national
tax or local tax or has been issued a notice, three years have passed since the day on which theapplicant finished serving the sentence or obeyed to the notice.
v.	If the applicant has been sentenced to a fine under the Minor Drinking Prohibition Act, the Act onControl and Improvement of Amusement Business, etc. (limited to sections relating to provision of
liquor to minors), the Act on Prevention of Unjust Acts by Organized Crime Group Members, Penal
Code (crimes of injury, incitement of injury, assault, unlawful assembly with weapons, intimidationor breach of trust) or the Act on Punishment of Violence and Other Acts, three years have passed
since the day on which the applicant finished serving the sentence or ceased to be subject to its
enforcement.
vi.	If the applicant has been sentenced to imprisonment or a heavier penalty, three years have passed
since the day on which the applicant finished serving the sentence or ceased to be subject to its
enforcement.

(6) Financial requirements (asset requirements)
There is no financial requirements based on specific amounts. However, there is "(7) Managementfoundation requirement" indicated below.

(7) Management foundation requirements (related to Item 10 of Article 10 of the
Liquor Tax Act)The applicant is not someone who has filed for bankruptcy and has not been reinstated or the applicant's
34

4-2. Mail-order/online liquor retail business

management foundation is not deemed weak.
More specifically, judgment is made based on whether the applicant (if the applicant is a corporation, its
officers (limited to ones with representation authority) or its main capital investors are included) issomeone who does not fall under items a)-g) below and whether the applicant fulfill conditions in items h)to j) below.
a) Persons who have delinquent payments of national or local taxesb) Persons who have experienced a suspension of bank transactions within the year prior to making
the applicationc) The loss brought forward on the balance sheet based on the final settlement of accounts of the last
fiscal year exceeds the amount of capital, etc.
d) A loss of more than 20% of capital, etc. has been incurred each fiscal year for the past three fiscal
yearse) Persons who have violated a law or regulation related to liquor taxes and have received anotification disposition but have not carried them out, or have been prosecutedf) The relevant sales place is in violation of the Building Standards Act, City Planning Act, CroplandAct, Act on the Improvement of Urban Distribution Centers or other acts or ordinances of the local
government, and has received orders for closure or relocation.
g) It is clear that there is little possibility for the establishment of a proper management system for thesale of liquor at the relevant liquor retail sales location.
h) T he applicant is a person or a corporation organized by persons who are recognized as having
sufficient knowledge, management ability and sales ability to properly conduct mail-order/online
sales of liquor, based on experience.
i) The applicant has the required funds, etc. to conduct mail-order/online sales of liquor according to asales method compliant to regulations that protect consumers under the Act on Specified
Commercial Transactions, and satisfies labeling standards regarding the prohibition of underagedrinking or assures the prospect of compliance with this regulation.
j) It is recognized that the applicant will take measures to confirm that people who purchase liquor are
not underage.

5

Effective period of authorization

No expiration date is set.

35

4-2. Mail-order/online liquor retail business6

Procedural flow

Figure 11.
Submission of
application form

Screening

Notification of
granting alicense, etc.

Complete an application form and attached documents and submit them to tax officethat has jurisdiction over a sales location for which the applicant intends to obtain a sales
business license.
*An application form can be submitted at any time.
Screening is performed in the order of receipt of application forms in principle.
When screening is performed, the applicant may visit the tax office or checks may bedone on-site, where necessary.
If a mail-order liquor retail business license is granted as a result of screening, theapplicant is notified to that effect in writing (if such granting is not possible, theapplicant is also notified to that effect in writing).
When a license is granted, the applicant pays registration and license tax.

Start of sales ofliquor7

Relevant government administration office

National Tax Agency

8

Reference URL

National Tax Agency: Information on Liquor
http://www.nta.go.jp/taxes/sake/index.htm

9Application forms

National Tax Agency: Guide for Mail-order/Online Liquor Retail Business License Application
http://www.nta.go.jp/taxes/sake/menkyo/tebiki/8285.pdf

36

4-3. Liquor wholesale business

4-3. Liquor wholesale business1

Overview of services provided

What is a liquor wholesale?
This refers to a business to sell liquor continuously to liquor distributors or alcohol producers. Note thatliquor wholesale licenses are further divided into the following categories depending on the scope of liquor
sold or the sales method.
i. All liquor wholesale license
ii. Beer wholesale licenseiii. Western-style alcohol wholesale license
iv. Import and export liquor wholesale license
v. Over-the-counter liquor wholesale license
vi. License for wholesale of liquor between cooperative membersvii. License for wholesale of liquor bearing own trademarkviii. Special liquor wholesale license
Among the items i to viii above, for "all liquor wholesale license" and "beer wholesale license," thenumber of licenses that can be granted for each licensing year is calculated for each district that isestablished for adjusting regional supply and demand (hereinafter a "wholesale district"), with one
prefecture established as one district unit, and measures are taken such as granting licenses within thenumber of licenses that can be granted. More specifically, regarding applications, etc. submitted within acertain application period, the order of screening is determined by conducting a public lottery, screening is
performed according to such order, and measures are taken such as granting licenses within the number oflicenses that can be granted.
The following are applications, etc. related to all liquor wholesale license and beer wholesale license,
which are subject to a public lottery.
(1) License application for a new sales location(2) Application for permission for relocation of a sales location from a different prefecture (wholesale
district)(3) Request for relaxing (clearing) conditions**Relaxing (clearing) conditions: This means relaxing (clearing) conditions for a liquor sales businesslicense that has already been granted. For example, there are cases where a liquor retailer who has aliquor sales place on which the license condition of "limiting sales to retail sales excluding mailorder/online sales" is imposed wishes to wholesale all liquor (or beer) in such sales place.
On the other hand, for liquor sales business licenses other than "all liquor wholesale license" and "beerwholesale license," a public lottery is not conducted as a general rule. Instead, screening is performed
according to the order of receipt of applications, etc. and measures are taken such as granting licenses.

2

Name of authorization

Liquor wholesale license37

4-3. Liquor wholesale business3

Governing law

Liquor Tax Act

4

Criteria for authorization(1) Party to which an application is submitted
Tax office that has jurisdiction over a sales location for which the applicant intends to obtain a license,
etc.

(2) Application documents(a) List of documents submitted at the time of applicationi. Liquor sales business license application form
ii. Sales business license application form "Condition of the sales location site"iii. Sales business license application form "Layout plan of the building, etc."
iv. Copies of a certificate of registered items of the corporation and its articles of incorporationv. Copy of a certificate of residence
vi. Checklist for a license application form(b) List of documents submitted at the time of screening
i. Sales business license application form "General outline of the business"
ii. Sales business license application form "Income and expenditure forecast"iii. Sales business license application form "Amounts of funds required and procurement method"
iv. Written pledge for requirements for liquor sales business license
v. Resume of the applicant (in the case of a corporation, resumes of its officers)
vi. Copy of a contract, etc. concerning the sales locationvii. Certificate of local tax paymentviii. Financial statements for the past three fiscal years
ix. Certificate of registered items of land and buildings
x. Checklist for a license application form

(3) Screening period
Standard processing period: within two months after the start of screening(4) Handling fee
Registration and license tax: 90,000 yen per license,
60,000 yen in the case of request for relaxing (clearing) conditions(5) Personnel requirements (related to Items 1 to 8 of Article 10 of the Liquor Tax Act)i.	If the applicant received a disposition of revocation of a liquor production license or liquor sales
business license or a license under the Alcohol Business Act, three years have passed since the dateon which the applicant received the disposition of revocation.
ii.	If a corporation received a disposition of revocation of a liquor production license or liquor sales
business license or a license under the Alcohol Business Act, and if the applicant was an executive
officer of that corporation within the year prior to the date when the cause for the revocation
occurred, three years have passed since the date when the corporation received the disposition of
revocation.
iii.	The applicant has not received a disposition for failure to pay national tax or local tax within two
years prior to license application.
38

4-3. Liquor wholesale businessiv.	If the applicant has been sentenced to a fine for violation of laws and regulations related to national
tax or local tax or has been issued a notice, three years have passed since the day on which theapplicant finished serving the sentence or obeyed to the notice.
v.	If the applicant has been sentenced to a fine under the Minor Drinking Prohibition Act, the Act onControl and Improvement of Amusement Business, etc. (limited to sections relating to provision of
liquor to minors), the Act on Prevention of Unjust Acts by Organized Crime Group Members, Penal
Code (crimes of injury, incitement of injury, assault, unlawful assembly with weapons, intimidationor breach of trust) or the Act on Punishment of Violence and Other Acts, three years have passed
since the day on which the applicant finished serving the sentence or ceased to be subject to its
enforcement.
vi.	If the applicant has been sentenced to imprisonment or a heavier penalty, three years have passed
since the day on which the applicant finished serving the sentence or ceased to be subject to its
enforcement.

(6) Financial requirements (asset requirements)

There is no financial requirements based on specific amounts. However, there is "(7) Managementfoundation requirement" indicated below.

(7) Management foundation requirements (related to Item 10 of Article 10 of the
Liquor Tax Act)The applicant is not someone who has been subjected to a ruling for the commencement of bankruptcy
proceedings and has not been reinstated or the applicant's management foundation is not deemed weak.
More specifically, judgment is made based on whether the applicant (if the applicant is a corporation, its
officers (limited to ones with representation authority) or its main capital investors are included) issomeone who does not fall under items a)-f) below and whether the applicant fulfill conditions in items g)to i) below.
a) Persons who have delinquent payments of national or local taxesb) Persons who have experienced a suspension of bank transactions within the year prior to making
the applicationc) The loss brought forward on the balance sheet based on the final settlement of accounts of the last
fiscal year exceeds the amount of capital, etc.
d) A loss of more than 20% of capital, etc. has been incurred each fiscal year for the past three fiscal
yearse) Persons who have violated a law or regulation related to liquor taxes and have received anotification disposition but have not carried them out, or have been prosecutedf) The relevant sales place is in violation of the Building Standards Act, City Planning Act, CroplandAct, Act on the Improvement of Urban Distribution Centers or other acts and regulations orordinances of the local government, and has received orders for closure or relocation.
g) T he applicant is a person or a corporation organized by persons who are recognized as having
sufficient knowledge and ability to manage a liquor wholesale business properly, based on
experience.
h) The applicant has the required funds, sales facilities and equipment for selling liquor continuously,or has the required funds and is recognized as surely acquiring sales facilities and equipment before
the license is granted.
i) The predicted annual average sales amount (wholesale reference amount) in the relevant sales
location is at least 100kl for an application, etc. for all liquor wholesale license and at least 50kl for
an application, etc. for beer wholesale license.

(8) Locational requirementsi.	The relevant sales location is not the same location as a liquor production plant for which a
production license has been obtained, other liquor selling places for which a sales business license
has been obtained, a bar, restaurant, etc.
ii.	Operations at the relevant sales location is clearly separate from the operations of other business
entities, in terms of its layout, the employment or non-employment of exclusive sales personnel,
independent payment system, and sales activities.
39

4-3. Liquor wholesale business(9) Supply/demand adjustment requirement (related to Item 11 of Article 10 of
the Liquor Tax Act)
With regard to all liquor wholesale license and beer wholesale license, a wholesale district is established
for adjusting the supply and demand of the number of sales locations and the amount of all liquor
consumed for the respective license types. One prefecture is established as one district unit.
As for the number of licenses that can be granted in each wholesale district (prefecture), a public notice
is posted on the bulletin board, etc. of each tax office within the wholesale district on September 1 eachyear (if this date is Saturday or Sunday, the next Monday).
The National Tax Agency: Information on All Liquor Wholesale License and Beer Wholesale License
http://www.nta.go.jp/taxes/sake/menkyo/sake_beer/index.htm

5Effective period of authorization

No expiration date is set.

6

Procedural flow

*For liquor sales business licenses other than all liquor wholesale license and beer wholesale license, apublic lottery is not conducted as a general rule, and screening is performed according to the order ofreceipt of applications, etc.

Figure 12.
Prior consultation

Consult about individual and specific application documents, etc. with a chief examiner(liquor tax and industry) in charge of the relevant tax office governing the relevant
location.

Issuance of apublic notice on thenumber of licenses
that can be granted
Submission of
application form, etc.
↓ to be(Documents
submitted at the timeof application)

40

Applications, etc. submitted during a period (“period of applications subject to a lottery”)
from September 1 (if this date is Saturday or Sunday, the next Monday) to September 30(if this date is Saturday or Sunday, the next Monday) are subject to a public lottery.
Complete an application form, etc. and attached documents to be submitted at the timeof application, etc. and submit them to a tax office that has jurisdiction over a sales
location for which the applicant intends to obtain a license, etc.

Lot drawing anddetermination oforder of↓screening

A public lottery is conducted in October and the order of screening is determined.

Submission of
documents to be↓ at thesubmitted
time of screening

A screening start notice is sent in the order of screening determined through the publiclottery, and the applicant submits documents to be submitted at the time of screening
within two weeks of the date of notice.

Screening

The tax office performs screening in the order of screening. The applicant may visit the
tax office or checks may be done on-site, where necessary.
*A standard processing period is not more than two months after screening is started.
Note that if submitted documents need to be corrected or otherwise modified, theperiod required to complete such correction or modification is excluded from thestandard processing period.

4-3. Liquor wholesale business

Notification of
granting a license, etc.

If a liquor wholesale license is granted or otherwise issued as a result of screening, theapplicant is notified to that effect in writing. (if such granting or issuance is not
performed, or if the number of licenses granted or otherwise issued reached the numberof licenses that can be granted, the applicant is also notified to that effect in writing).
When a license is granted, the applicant pays registration and license tax.

Start of sales of liquor

7

Relevant government administration office

National Tax Agency

8

Reference URL

National Tax Agency: Information on Liquors
http://www.nta.go.jp/taxes/sake/index.htm

9Application forms

National Tax Agency: Guide for Liquor Wholesale License Application
http://www.nta.go.jp/taxes/sake/menkyo/tebiki/oroshiuri/pdf/01.pdf

41

5. Eating and Drinking Establishment Business

5. Eating and Drinking Establishment Business1

Overview of services provided

What is an eating and drinking establishment business?
This refers to a business to offer foods and drinks to customers in a restaurant, etc. Regardless of thesize of the establishment and how many times foods and drinks are provided, a business permit may need
to be obtained from a relevant public health center.

2

Name of authorization

Business permit for eating and drinking establishments

3

Governing law

Food Sanitation Act, ordinances of each local government

4

Criteria for authorization(1) Party to which an application is submitted
Public health center that has jurisdiction over the location of the facility(2) Application documents
i.
ii.
iii.
iv.
v.

Application form for a business permit
Outline and layout plan of the business facility
Certificate of registered items【in the case of a corporation】
Water quality inspection report (only if storage tank or well water is used)
Certification of the Food Hygiene Supervisor (such as a Food Hygiene Supervisor's pocket-ledger)(3) Screening period
Check the screening period by contacting the public health center that has jurisdiction over the locationof the facility.

(4) Handling fee
Eating and drinking establishment business: 18,300 yen
(The above amount is applicable to Toshima Ward, Tokyo. Handling fees vary depending on local
governments.)(5) Personnel requirements
To manage and operate facilities in a sanitary manner, a Food Hygiene Supervisor must be appointed
for each facility.
[Persons who can be a Food Hygiene Supervisor]
i. Persons who have completed a Food Hygiene Supervisor training programii. Nutritionist42

5. Eating and Drinking Establishment Businessiii. Chef
iv. Confectionery hygienist
v. Health supervisor prescribed in the Slaughterhouse Act
vi. Work health supervisor prescribed in the Slaughterhouse Actvii. Health administrator for handling poultryviii. Ship's cookix. Persons with qualifications as a food hygiene supervisor or food hygiene inspector(6) Financial requirements (asset requirements)
No regulations are provided.

(7) Facility standards
To obtain a business permit, facility standards need to be met.
Facility standards are divided into common standards that must be met in all sectors of food-related
businesses (excluding automatic vending machines) and specific standards that must be met by restaurant
business operators.
When preparing a business plan, confirm the facility standards with the relevant public health center.
 ureau of Social Welfare and Public Health, Tokyo Metropolitan Government: Navigation for StartingB
a Food Business: Facility Standards (General Business)
https://www.fukushihoken.metro.tokyo.lg.jp/shokuhin/eigyounavi/flow/regulation/

5

Effective period of authorization

Five to eight years
(As for the maximum period for business permits, after setting out preferable material properties andstructural properties from the viewpoint of food sanitation with regard to 12 items for buildings andequipment of the facility, an effective period is determined according to the number of items compliedwith. For details, contact the relevant public health center.)43

5. Eating and Drinking Establishment Business6

Procedural flow

Figure 13.
Prior consultation

Submission of
application form
for business permit
Meeting todiscuss facility
inspection

For a relevant public health center to check beforehand that the facility conforms tofacility standards, bring drawings, etc. with you and be sure to consult with the publichealth center before start of construction of the facility. Also confirm beforehand thenumber of days required for issuance of a permit.
Submit necessary documents to the public health center about ten days before thescheduled date of completion of the facility.

Discuss the schedule, etc. for checking and inspecting the facility with a person in charge
at the relevant public health center.

The person in charge at the relevant public health center checks whether the facility isconstructed as set forth in the application, and whether the facility complies with facility
standards. The applicant is present during the inspection. If the facility standards are notcomplied with, a permit is not granted. Take improvement measures to address the
non-conformities, determine a new date of inspection and undergo an inspection again.

Checks andinspection offacility

Issuance ofbusiness permit
certificate

On the scheduled date of issuance of a business permit, bring the “Notice of the
Scheduled Date of Issuance of a Business Permit” and a seal (hanko) with you, andreceive the business permit at the public health center.
After compliance with facility standards is confirmed, a permit is created. It takes several
days to issue a permit, so matters such as the date of opening the restaurant need to be
discussed beforehand at the time of prior consultation.

Start of business

7

Relevant government administration officePublic health center that has jurisdiction over the location of the facility
Bureau of Social Welfare and Public Health, Tokyo Metropolitan Government (in the case of Tokyo)

8

Reference URL

Bureau of Social Welfare and Public Health, Tokyo Metropolitan Government: Navigation for Starting a
Food Business
https://www.fukushihoken.metro.tokyo.lg.jp/shokuhin/eigyounavi/
Bureau of Social Welfare and Public Health, Tokyo Metropolitan Government: To those who start a new
food-related business - Application Guide for Food-related Business Permits https://www.fukushihoken.metro.tokyo.lg.jp/shokuhin/kyoka/files/tebiki.pdf

9

URL for application forms

Bureau of Social Welfare and Public Health, Tokyo Metropolitan Government: List of application andnotification forms for business permits and notifications (restaurant business, start of a food service
business, etc.)
https://www.fukushihoken.metro.tokyo.lg.jp/smph/nisitama/shokuhin/eigyoukyoka.html
44

6. Manpower Agency Business

6. Manpower Agency Business1

Overview of services provided

What is a manpower agency business?
This refers to a business conducted by a dispatching business operator on a regular basis where it has aworker it employs engage in work for a client under the direction of the client. All businesses that fit into
this definition are subject to the Worker Dispatching Act. However, a manpower agency business cannot
be conducted for the following operations (Article 4 of the Act).
i. Port transport work (There are some exceptions.)
ii. Construction workiii. Security work
iv. Medical care-related work in a hospital, etc. (There are some exceptions.)【Structure of Manpower Agency Business】
Client(Company A)

s
tio
n

La
b

s
/
ge
hip
Wa
ns
tio
ela
tr
en ct
ym traplo conEm borLa

orWorker dispatch contract

Di
re
c

Dispatching business operator(Employer)

Dispatched Worker

2

Name of authorization

Manpower agency business permit

3

Governing law

Worker Dispatching Act

4

Criteria for authorization(1) Party to which an application is submitted
An application is made to the Minister of Health, Labour and Welfare via a relevant prefectural Labour
Bureau that has jurisdiction over the principal place of business45

6. Manpower Agency Business(2) Application documents
i. Three copies of a manpower agency business permit application form (one original, two copies)
ii. Three copies of a manpower agency business plan (one original, two copies)iii. Two copies of each attached document listed in the table below (one original, one copy)
In the case of a corporation

In the case of an individual⃝ Articles of incorporation or articles of endowment⃝ Certificate of registered items⃝ Copy of a certificate of residence of an officer
and his/her resume⃝ Balance sheets, P&L statements and statementsof changes in net assets for recent fiscal years⃝ Copies of corporate income tax returns for recent
fiscal years⃝ Certificate of corporate income tax payment⃝ Copy of a certificate of residence (stating theplace of the registered domicile and not stating
the individual number under the provisions of the
My Number Act) and a resume⃝ Copies of income tax returns (with a receipt sealof the relevant tax office in the place of tax
payment) for recent tax payment periods⃝ Certificate of tax payment⃝ Balance sheets and P&L statements⃝ Certificate of registered items of real estate andcertificate of appraised amount of fixed asset tax⃝ Bank statement (dated as of the end of the tax
payment period)

Common to a corporation and an individual⃝ Documents that attest to the right to use the place of business⃝ Copy of the relevant sections of work regulations and labor contracts that are indicated below- Section that sets out that time spent attending an education and training session shall be treated aswork time and corresponding wages shall be paid
- Document attesting to the fact that an indefinite term dispatched worker is not dismissed only
because of the termination of the temporary worker placement contract. - In addition, a documentattesting to the fact that a fixed-term dispatched worker is not dismissed only because of thetermination of the worker dispatch contract, if his/her labor contract remains effective when theworker dispatch contract comes to an end- Documents such as a copy of the relevant sections of work regulations or labor contracts that
stipulate matters related to the termination of a worker dispatch contract, matters related to changes
and matters related to dismissal- Section that sets out that with regard to a person who is an indefinite-term or fixed term dispatchedworker and whose worker dispatch contract terminates within the term of his/her labor contract, if
the employer requires such person to take leave due to reasons attributable to the employer, such as
because the next company to which the person is dispatched cannot be found, the employer shall pay
the person an allowance under Article 26 of the Labor Standards Act⃝ Clerical guide, manual, etc. for introducing a dispatched worker to a company to be supplied with laborof temporary personnel with career development of the dispatched worker in mind, or a copy of therelevant section of the summary thereof⃝ Copy of a certificate of residence (stating the place of the registered domicile and not stating theindividual number under the provisions of the My Number Act) and a resume of the manager at the
dispatching business operator as well as a copy of a certificate of attendance at a training program forsupervisor at dispatching business operators (such certificate needs to contain the date of attendance that
falls within three years before the date of receipt of the permit application)⃝ Regulations for proper management of personal information46

6. Manpower Agency Business(3) Screening period
Two to three months(4) Handling fee
i.

Handling fee (revenue stamp)
120,000 yen + 55,000 yen × (Number of places of business engaging in manpower agency business -1)
ii. Registration and license tax
90,000 yen per permit(5) Personnel requirementsi.	The manager(s) at the dispatching business operator is required to attend a training program forsupervisors at dispatching business operators
ii. Causes for disqualification
Business operators that fall under any of the conditions described on the linked pages below cannot
obtain a manpower agency business permit. Visit the following URLs to check the details of theconditions.
Ministry of Health, Labour and Welfare: To Conduct a Manpower Agency Business Properly- Procedural Manual for Obtaining and Renewing Permitsh ttps://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000099161.html
Causes for disqualification (in PDF format)
 ttps://www.mhlw.go.jp/file/06-Seisakujouhou-11600000-Shokugyouanteikyoku/0000133883.pdfh(6) Financial requirements (asset requirements)i.	The reference asset amount is equal to or more than the amount obtained by multiplying 20 million
yen by the number of places of business at which the business operator (plans to) conduct a
manpower agency business.
ii.	The reference asset amount calculated in i. above is equal to or more than one seventh of the total
amount of liabilities.
iii.	The amount of cash and bank deposits possessed in the name of the business operator for use as
business funds is equal to or more than the amount obtained by multiplying 15 million yen by the
number of places of business at which the business operator (plans to) conduct a manpower agency
business.
iv.	As for the financial requirements mentioned above, there are transitional measures* to giveconsideration to small dispatching business operators.
*Financial basis of small and medium-sized business operators that employ ten or less dispatchedworkers on a regular basis (measures taken for the time being)As measures taken from September 30, 2015 for the time being, judgment criteria for financial
basis of small and medium-sized business operators that has only one place of business (including
not only the place of business where a manpower agency business is conducted but also a place or
facility where workers of a relevant business operator work) and employ ten or less dispatchedworkers on a regular basis shall be as follows.
i. The reference asset amount is equal to or more than 10 million yen.
ii.	The reference asset amount calculated in i. above is equal to or more than one seventh of thetotal amount of liabilities.
iii.	The amount of cash and bank deposits possessed in the name of the business operator for use
as business funds is equal to or more than 8 million yen.

5

Effective period of permit

New permit: three years
Renewed permit: five years47

6. Manpower Agency Business6

Procedural flow

Figure 14.
ApplicantPrefectural Labour Bureau
Consultation

Drafting of business plan

Ministry of Health,Labour and Welfare

Explanation about permit
requirements, etc.
and advice

Preparation of the place ofbusiness, etc.

Attendanceat training program for managers
at dispatching business operators

Preparation of application
documents, etc.

Application

Receipt of application
documents

Screeningby the Ministry

Examination andconfirmation of content
of application

Consultation with
the Labour Policy Council

Approximately two
to three months(Council) Submission of report to
the Minister of Health,Labour and Welfare
Nonpermission
Receipt of notice of
non-permission

Delivery of notice of
non-permission

Decision on permission or
non-permission
Permission

Receipt of
permit certificate

Delivery of
permit certificate

Issuance ofpermit certificate

Start of business

Ministry of Health, Labour and Welfare
https://www.mhlw.go.jp/file/06-Seisakujouhou-11600000-Shokugyouanteikyoku/0000133884.pdf

48

6. Manpower Agency Business

7

Relevant government administration office

Ministry of Health, Labour and Welfare, Prefectural Labour Bureau

8

Reference URL

Ministry of Health, Labour and Welfare: Manpower agency business, employment referral service business
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/koyou/haken-shoukai/index.html
Ministry of Health, Labour and Welfare: Employment security
https://www.mhlw.go.jp/english/policy/employ-labour/employment-security/index.html

9Application forms

Ministry of Health, Labour and Welfare: To Conduct a Manpower Agency Business Properly―Procedural
Manual for Obtaining and Renewing Permits
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000099161.html

49

7. Fee-charging Employment Referral Service Business7. Fee-charging Employment Referral Service Business1

Overview of services provided

What is a fee-charging employment referral service business?
This is an employment referral service business that introduces job seekers to employment, whether for
profit or not, by receiving handling fees, remuneration or other considerations. With regard to employment
other than employment that is not allowed to be introduced to job seekers in accordance with Article
32-11 of the Employment Security Act (hereinafter the "Act") (specifically, this refers to any employment
in which they perform port transport work and any employment in which they perform construction work),a fee-charging employment referral service business can be conducted after obtaining a permit from the
Minister of Health, Labour and Welfare under Article 30, Paragraph 1 of the Act.
Employment referral is defined in Article 4, Paragraph 1 of the Act as meaning "receiving i offers forposting job offerings and ii offers for registering as a job seeker and iii extending mediation services toestablish iv employment relationships between job offerers and job seekers." Terms as used in thisdefinition have the following meanings.
i Offers for posting job offerings
This means asking others to provide labor for the job offerer in exchange for a reward
ii Offers for registering as a job seeker
This means seeking a job to receive a reward by providing one's own laboriii Extending mediation services
This means making arrangements as a third party and going between a job offerer and a job seeker tosmoothly establish an employment relationship between themiv Employment relationshipThis means a legal employer-subordinate relationship arising between an employer that uses labor bypaying a reward and an employee that provides labor【Structure of Fee-charging Employment Referral Service Business】

or
job reg
se isterek i ner g as

mediation
service

a
ng
sti
po ng
or ri
r f offe

Off
e

job

rf

e
Off

a

Referral service provider

Job seeker

Job offerer
Labor contract Reference An employment referral service business is divided into two types: a fee-charging employment referral
service business and a free-of-charge employment referral service business, and there is a difference in criteria for
granting permits between the two types.
Free-of-charge employment referral service business: This is an employment referral service business that refers
job seekers to employment, whether for profit or not, without receiving handling fees, remuneration or otherconsideration, irrespective of the name given to it.
50

7. Fee-charging Employment Referral Service Business

2

Name of authorization

Fee-charging employment referral service business permit

3

Governing law

Employment Security Act

4

Criteria for permits(1) Party to which an application is submitted
An application is made to the Minister of Health, Labour and Welfare via a relevant prefectural Labour
Bureau that has jurisdiction over the address (if the applicant is a corporation, its principal place ofbusiness) of the applicant(2) Application documentsa. Application form for fee-charging employment referral service business permit (one original, twocopies)b. Fee-charging employment referral service business plan (one original, two copies)
c. Fee notification form for notification procedure (one original, two copies)
Attached documents
i. Documents related to a corporation【in the case of corporation】- Articles of incorporation or articles of endowment- Certificate of registered items of the corporation
ii. Documents related to the representative, officers and employment referral service supervisors- Copy of a certificate of residence- Resume- Copy of a certificate of attendance at a training program for employment referral service
supervisors (this applies only to employment referral service supervisors)iii. Documents related to assets and funds- Balance sheets and P&L statements for recent fiscal years- Documents attesting to the amount of assets possessed, such as bank statements for deposits andsavings
(If the amount of reference assets that is calculated based on a balance sheet is evidenced by acertificate of tax payment and a tax return, bank statements and other documents are not necessary)- Bank statements attesting to the amount of funds possessed (If the amount of business funds thatis calculated based on a balance sheet is evidenced by a certificate of tax payment and a tax return,bank statements and other documents are not necessary.)- Copies of tax returns for recent fiscal years- Copies of certificates of corporate income tax or income tax payment for recent fiscal years- Statements of shareholder's equity for recent fiscal years【in the case of corporation】
iv. Documents related to proper management of personal information- Regulations for proper management of personal information and maintenance of confidentiality
v. Documents related to management of services- Regulations for management of services
vi. Documents related to facilities at the place of business- Certificate of registered items of buildings (if the applicant owns a building)51

7. Fee-charging Employment Referral Service Business- Building lease contract or lease contract for use of a building (if a building is rented)
vii. Documents related to handling fees
- Schedule of handling fees (if a fee notification form for notification procedure is submitted)
viii.	Documents related to a country where there exists a party to which a job seeker is introduced (if ajob seeker is introduced to overseas employment)- Related laws and regulations of such country and the Japanese translation thereof- Document attesting to the fact that in a country where there exists a party to which a job seeker isintroduced, the business operator's activities for cross-border employment referral services are
permitted and, if such document is written in a foreign language, the Japanese translation thereofix. Documents related to an agent organization- Contract that sets out a division of duties between an agent organization and the business operator
and other documents relating to business management and the Japanese translations thereof *Only
the portion that clarifies the division of duties.
- Document attesting to the fact that in a country where there exists a party to which a job seeker isintroduced, the agent organization's activities are permitted and the Japanese translation thereof(3) Screening period
Two to three months(4) Handling fee
i.

Handling fee
50,000 yen + 18,000 yen × (Number of places of business engaging in employment referral service
business -1)
ii. Registration and license tax
90,000 yen per permit(5) Personnel requirementsi.	Employment referral service supervisor(s) is required to attend a training program for employment
referral service supervisors
ii. Causes for disqualification
Business operators that fall under any of the conditions described on the linked page below cannot
obtain a fee-charging employment referral service business permit. Visit the following URL tocheck the details of the conditions.
Causes for disqualification Article 32 of the Employment Security Act
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0100/
https://www.e-gov.go.jp/en/(6) Financial requirements (asset requirements)i.	The reference asset amount is equal to or more than the amount obtained by multiplying 5 million
yen by the number of places of business at which the applicant (plans to) conduct a fee-charging
employment referral service business.
 otal reference asset amount > 5 million yen × Number of places of business at which the applicant
T(plans to) conduct a fee-charging employment referral service business52

7. Fee-charging Employment Referral Service Businessii.	The amount of cash, bank deposits and savings possessed in the name of the applicant for use as
business funds is equal to or more than the amount obtained by (i) deducting one from the numberof places of business at which the applicant (plans to) conduct a fee-charging employment referral
service business, (ii) multiplying the result by 600,000 yen and (iii) adding the product to 1.5
million yen.
Amount of cash, bank deposits and savings > 1.5 million yen + (Number of places of businessengaging in fee-charging employment referral service business -1) × 600,000 yen

5Effective period of authorization

New permit: three years
Renewed permit: five years

53

7. Fee-charging Employment Referral Service Business6

Procedural flow

Figure 15.
ApplicantPrefectural Labour Bureau
Consultation where
necessary

Drafting of business plan

Ministry of Health,Labour and Welfare

Explanation about permit
requirements, etc.
and advice

Preparation of the place ofbusiness, etc.

Attendance
at a training program for
employment referral service managers

Preparation of application
documents, etc.

Application

Approximately two to
three months

Receipt of application
documents

The Ministry

Examination andconfirmation of content
of application

Consultation with
the Labour Policy Council*Screening based on employment
referral service business permit
criteria
Reconsideration of business plan(Council) Submission of report to
the Minister of Health,Labour and Welfare

Nonpermission

Receipt ofnotice of non-permission

Delivery of notice of
non-permission

Decision on permission or
non-permission
Permission

Receipt of
permit certificate

Start of business

54

Delivery of
permit certificate

Issuance of permit certificate

7. Fee-charging Employment Referral Service Business

7

Relevant government administration office

Ministry of Health, Labour and Welfare
Prefectural Labour Bureau

8

Reference URL

Ministry of Health, Labour and Welfare: Manpower agency business, employment referral service
business
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/koyou/haken-shoukai/index.html

9

URL for application forms

Ministry of Health, Labour and Welfare: Employment Referral Service Business Pamphlet―Procedural
Manual for Obtaining and Renewing Permits
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000116946.html

55

8. Cosmetics Marketing Business, Cosmetics Manufacture Business

8. Cosmetics Marketing Business, Cosmetics Manufacture Business1

Overview of services provided

What is a cosmetics marketing business?
This refers to a business to manufacture cosmetics (including requesting others to manufacture with acontract and excluding manufacturing under contract with others) or to sell, rent out, or provide imported
pharmaceutical products (excluding active pharmaceutical ingredients), quasi - pharmaceutical products,
cosmetics or medical devices.
What is a cosmetics manufacture business?
This refers to a business to manufacture products under contract with a person who has a cosmetics
marketing business permit.
Permit types

Overview

Marketingbusiness permit

This is a permit to ship products to the market and with this permit, you cannot perform
manufacturing (including packaging, labeling and storing before determination of whether the
products may be shipped to the market).
A marketing business operator is ultimately responsible for products and is required to collect,analyze and evaluate information on product quality and safety and take necessary measures.

Manufacturebusiness permit

This is a permit to manufacture products (including packaging, labeling and storing products
before determination of whether the products may be shipped to the market) and with thispermit, you cannot ship products to the market.
Manufactured products can be sold and given only to marketing business operators or
manufacture business operators.

"Cosmetics" refers to items which are intended to be used on the human body by rubbing, sprinkling orother similar means, aiming to clean, beautify and increase the attractiveness, alter the appearance or tokeep the skin or hair in good condition, and which have mild effects on the human body (Article 2,
Paragraph 3 of the Pharmaceutical and Medical Device Act).

2

Name of authorization

Cosmetics marketing business permit
Cosmetics manufacture business permit

3

Governing law

Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical
Devices

4

Criteria for authorization(1) Party to which an application is submitted
Pharmaceutical affairs division of the prefecture(In the case of Tokyo, Tokyo Metropolitan Institute of Public Health)56

8. Cosmetics Marketing Business, Cosmetics Manufacture Business(2) Application documents
1. Cosmetics marketing business
i. Application form for a permit
ii. Certificate of registered itemsiii. Operation allocation chartiv.	Medical certificate of the officer in charge of operations (medical certificate stating that the said
officer is not chemically dependent)
v. Organizational chartvi.	Copy of the general marketing supervisor's employment contract, or a document attesting to theemployment relationshipvii. Proof of the qualifications of the general marketing supervisor
viii. Document on frameworks related to quality control (GQP framework chart)ix. Document on frameworks related to post-marketing safety management (GVP framework chart)
x. Layout planxi. Two-dimensional plan of the officexii. Drawing of storage facility
xiii. Information map for the office
2. Cosmetics manufacture business
i. Application form for a permit
ii. Certificate of registered itemsiii. Operation allocation chart
iv. Medical certificate or prima facie proof with regard to the officer in charge of operationsv.	Copy of the supervising technician's employment contract, or a document attesting to theemployment relationshipvi. Proof of the qualifications of the supervising technicianvii. List of outlines of buildings and equipmentviii. List of production equipment and tools
ix. List of testing and inspection toolsx.	Summary of use of other testing and inspection agencies, etc. and a copy of a contract or acertificate of use
xi. Layout plan of the manufacturing plant
xi. Two-dimensional plan of the manufacturing plantxiii.	List of items to be manufactured and a document on the manufacturing process for one
representative item
xiv. Information map for the manufacturing plant(3) Screening period
35 days excluding closed days (standard processing period of the Tokyo Metropolitan Government)(4) Handling fee (in the case of the Tokyo Metropolitan Government)
Cosmetics marketing business: 57,400 yen
Cosmetics manufacture business (category: packaging, labeling and storing): 32,800 yen
Cosmetics manufacture business (category: general): 39,000 yen(5) Personnel requirements⃝Cosmetics marketing business: General marketing supervisor
Cosmetics manufacture business: Supervising technician
Requirements for general marketing supervisor and supervising techniciansa. Pharmacist57

8. Cosmetics Marketing Business, Cosmetics Manufacture Businessb.	A person who has completed a special course in pharmaceutical sciences or chemistry at a juniorhigh school under the old education system, a high school, or school of equal level or higherc.	A person who has completed a subject related to pharmaceutical sciences or chemistry at a juniorhigh school under the old education system, a high school, or school of equal level or higher, andhas three or more years of experience in operations related to quality control or post-marketing
safety controld.	A person who has been recognized as having knowledge and experience of equal level or higher
than listed above, by the Minister of Health, Labour and Welfare⃝Causes for disqualification
As set forth in Article 5, Item 3 of the Pharmaceutical and Medical Device Act
Tokyo Metropolitan Institute of Public Health: 5. Review for obtaining a permit
http://www.tokyo-eiken.go.jp/k_yakuji/i-sinsa/cosmetics/kentou/(6) Financial requirements (asset requirements)
No regulations are provided.

5

Effective period of authorization

No expiration date is set.

6

Procedural flow
Figure 16.
Marketing business

Manufacture businessPrior consultation

Prior consultation

Marketing businesspermit application

58

GVP,GQP※

Manufacture businesspermit application

On-siteinspection/screening

On-siteinspection/screening

Acquisition of marketingbusiness permit

Acquisition of
manufacture businesspermitSubmission ofmarketing notification

Preparation of a marketing notification based on
information, etc. on the marketing businesspermit and the manufacture business permit

Shipment to the market※GVP…Good Vigilance Practice
GQP…Good Quality Practice8. Cosmetics Marketing Business, Cosmetics Manufacture Business

7

Relevant government administration office

Pharmaceutical affairs division of the prefecture

8

Reference URLTokyo Metropolitan Institute of Public Health: Screening of Medical, Quasi-pharmaceutical, Cosmetic,
and Regenerative medical Products
http://www.tokyo-eiken.go.jp/k_yakuji/i-sinsa/

9

URL for application forms

Tokyo Metropolitan Institute of Public Health: 6. Permit application
http://www.tokyo-eiken.go.jp/k_yakuji/i-sinsa/cosmetics/shinsei/

59

9. Secondhand Articles Dealer

9. Secondhand Articles Dealer
1

Overview of services provided

What is a secondhand articles dealer?
This refers to a person who conducts business operations for "purchase and sale," "exchange," "purchaseand sale under entrustment" and "exchange under entrustment" with respect to secondhand articles and"secondhand articles" refers to goods that have been used once, goods that are new but have been tradedfor use or those goods that have been cared for.
【Examples of cases where a secondhand articles dealer's license is required】- A secondhand article is purchased and sold.
- A secondhand article is purchased, repaired or otherwise modified, and sold.
- A secondhand article is purchased and its usable parts, etc. are sold.
- A secondhand article that is not purchased is sold, and then a fee for the transaction is received (saleunder entrustment).
- A secondhand article is exchanged with another item.
- A secondhand article is purchased and rented out.
- A secondhand article that is purchased in Japan is exported abroad for sale.
- Any of the above activities is conducted on the Internet.

2

Name of authorization

Secondhand articles dealer's license

3

Governing law

Secondhand Articles Dealer Act

4

Criteria for authorization(1) Party to which an application is submitted
Police station that has jurisdiction over the location of the business office(2) Application documents
Secondhand articles dealer's license application form
Attached documents in the case where the license applicant is an individual
i. Certificate of residenceii. Identification certificate
iii. Certificate of non-registration
iv. Career summary
v. Written pledge
vi. Copy of a lease contract for the business office (if it is not the applicant's own building or house)60

9. Secondhand Articles Dealervii.	Copy of a lease contract for a parking lot or any other storage site (if an automobile, etc. ispurchased)viii.	Copies of materials received from an Internet service provider, etc. (if notification of the URL is
made)
Attached documents in the case where the license applicant is a corporation
i. Certificate of registered items of the corporation
ii. Articles of incorporation of the corporationiii.	Certificate of residence (for all officers whose rank is equal to or higher than a corporate auditor,and for managers of the business office)iv.	Identification certificate (for all officers whose rank is equal to or higher than a corporate auditor,and for managers of the business office)v.	Certificate of non-registration (for all officers whose rank is equal to or higher than a corporate
auditor, and for managers of the business office)vi.	Career summary (for all officers whose rank is equal to or higher than a corporate auditor, and for
managers of the business office)vii.	Written pledge (for all officers whose rank is equal to or higher than a corporate auditor, and for
managers of the business office)viii. Copy of a lease contract for the business office (if it is not the applicant's own building or house)ix.	Copy of a lease contract for a parking lot or any other storage site (if an automobile, etc. ispurchased)x.	Copies of materials received from an Internet service provider, etc. (if notification of the URL ismade)*All of the above documents need to contain the date of issuance or creation that falls within threemonths before the date of application(3) Screening period ithin 40 days from the date of application (excluding closed days)W(In the case of the Tokyo Metropolitan Police Department)(4) Handling fee

19,000 yen(in the case of the Tokyo Metropolitan Police Department)(5) Personnel requirements⃝One manager must be appointed for each business office.
⃝Causes for disqualification
Business operators that fall under any of the following items cannot obtain a secondhand articles dealer's
license.
1.	An adult ward of the state, a person under conservatorship or a person who has been subjected to aruling for the commencement of bankruptcy proceedings and has not been reinstated
2. Offenderi.	A person who has been sentenced to imprisonment or a heavier penalty, regardless of the type ofoffense (including a violation of the Road Traffic Act)
This includes those who are on probation.
A person for whom five years have not yet passed since the day on which he/she finished serving
a sentence
ii. A person who ceased to be subject to enforcement of a sentenceA person whose sentence was reduced due to pardon and for whom five years have not yet passed
since he/she finished serving the reduced sentenceA person for whom five years have not yet passed since, due to pardon, he/she was exempted61

9. Secondhand Articles Dealer

from serving a sentenceA person whose sentence became final and binding but who did not serve the sentence and forwhom five years have not yet passed since the statute of limitations expirediii. A person who has been sentenced to a fineA person for whom five years have not yet passed since his/her sentence of fine for any offense
involving unauthorized business activities, illegal acquisition of a license, name lending or
non-compliance with a business suspension order became final and binding in accordance with
the Secondhand Dealer Act
A person for whom five years have not yet passed since his/her sentence of a fine for any offense
involving theft, breach of trust, embezzlement of a lost article, acquisition of stolen property forcompensation, etc. became final and binding in accordance with the Penal CodeI f a period of suspension of execution of the sentence progresses without rescission, the sentence
loses effect. Therefore, a license application can be made on or after the day following the expirationof the period.
3.	A person for whom five years have not yet passed since the day on which the person ceased to be
an organized crime group member or an organized crime group; a person who is a member of acriminal organization other than organized crime groups and may commit a violent unlawful act,
etc. concertedly or regularly (a person who committed a violent unlawful act in the past ten years);
and a person for whom three years have not yet passed since he/she received an order or instruction
from the National Public Safety Commission in accordance with the Act on Prevention of Unjust
Acts by Organized Crime Group Members
If a person who has obtained a license falls under any of the above categories, the license is to be
revoked.
4. A person with no fixed residence
5.	A person for whom five years have not yet passed since his/her secondhand articles dealer's license
was revoked in accordance with Article 24, Paragraph 1 of the Secondhand Articles Dealer Act
If a person whose license was revoked is a corporation, this includes its officers at the time of
revocation.
6.	A person who, in accordance with Article 24, Paragraph 1 of the Secondhand Articles Act, returned
his/her license during a period from the date of a public notice on matters such as the date of thehearing pertaining to rescission of permission through to the date on which revocation and othermatters were decided and for whom five years have not yet passed since the date of such return
7. A minor whose capacity to act in relation to business operations is not the same as that of an adultIf such a minor is married or if he/she is an heir of a secondhand articles dealer and nodisqualification cause applies to his/her statutory agent, the minor can make an application.
8.	A person for whom there are reasonable grounds to believe that he/she will not appoint a manager
responsible for ensuring proper operations for each business office or each secondhand article
marketThis applies to cases such as where a person to whom a cause for disqualification applies is
appointed as manager.
9. An applicant (corporation) for whom any of its officers falls under any of items 1 to 5 above okyo Metropolitan Police Department, An explanation about the Secondhand Articles Dealer Act,T
Cases where a license cannot be obtained (Article 4 of the Secondhand Articles Dealer Act)
https://www.keishicho.metro.tokyo.jp/tetsuzuki/kobutsu/kaisetsu/kaisetsu.html#cmse(6) Financial requirements (asset requirements)
No regulations are provided.

62

9. Secondhand Articles Dealer

5Effective period of authorization

No expiration date is set.

6

Procedural flow

Figure 17.
Licenseapplication

If an application form is submitted by a person other than the applicant, aletter of attorney is required.
In the case of application by a corporation, a person who submits theapplication needs to carry his/her employee ID card or other items that provethat he/she is its employee.

Delivery of license
certificate

7

Relevant government administration office

Prefectural Public Safety Commission

8

Reference URLTokyo Metropolitan Police Department: Secondhand articles business
https://www.keishicho.metro.tokyo.jp/tetsuzuki/kobutsu/index.html

9

URL for application forms

Tokyo Metropolitan Police Department: Secondhand articles dealer's license application
https://www.keishicho.metro.tokyo.jp/tetsuzuki/kobutsu/tetsuzuki/kyoka.html
Tokyo Metropolitan Police Department: List of application and notification forms
https://www.keishicho.metro.tokyo.jp/tetsuzuki/kobutsu/youshiki/shinsei_kobutsui.html

63

Trade and Business Startup Consultation Desk

MIPRO Consulting services for trade & starting business
TEL: 03-3989-5151
Consultation available weekdays from 10:30 A.M. to 4:30 P.M.
https://www.mipro.or.jp/

This document has been prepared based on the information as of April 1, 2019 andwith the utmost care regarding accuracy. However, when actually starting abusiness in Japan, please inquire with the relevant public offices concerning
necessary documents, matters, etc. or consult with an administrative scrivener orother specialists.
MIPRO shall not be liable for any direct or indirect damage arising from the use of
information and other materials presented in this document.
*Unauthorized reproduction of this publication is prohibited.
This material has been prepared by receiving subsidies for FY2019 Promotion Business Expenses from the Foundation forInternational Trade and Industrial Co-operation, a general incorporated foundation.

Manufactured Imports and Investment Promotion Organization (MIPRO)
6th Floor, World Import Mart Bldg., 3-1-3, Higashi-Ikebukuro, Toshima-ku, Tokyo 170-8630, Japan
TEL.03（3971）6571 FAX.03（3590）7585
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