Which licences and permits do you need before applying for 在留資格「経営・管理」?
Foreigners Employment Support Organization (FESO) / Published / Last updated
This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
Read the Japanese original(日本語版を読む)
Answer
In lines of business that need licences and permits, as a rule you are expected either to have already obtained the permit, or to have a firm prospect of obtaining it.If you apply without having obtained the permit, you are taken to be insufficiently prepared, and there are cases where 「経営・管理」 is denied.Securing premises and placing qualified staff bear directly on licences and permits, so checking before you apply is essential.
What is this enquiry about?
This is for people thinking of starting a business in Japan, to check whether their own business needs licences and permits before they apply for 「経営・管理」.
Subject: business preparation for those aiming to obtain 「経営・管理」
Who this is for: foreign nationals thinking of starting a business in Japan, or of bringing a business into Japan from overseas
Main concerns: which lines of business need licences and permits, where to apply, and by when they should be obtained
Background: what is easily overlooked when applying for a visa is checking the licences and permits that the business needs
How do licences and permits relate to 「経営・管理」?
If you apply in a line of business that needs licences and permits without having obtained the permit, you are taken to be insufficiently prepared and may be denied.
「経営・管理」 is the status of residence needed to run a business in Japan, and screening looks at whether the business has substance, whether it can be continued, and whether it is stable.
For that reason, if you apply for the visa in a line of business that needs licences and permits without having obtained the permit, you are taken to be insufficiently prepared, and there are cases where the visa is denied. Screening expects you either to have already obtained the permit, or to have a firm prospect of obtaining it. Because it is judged whether the business can actually be carried out, not having obtained the licences and permits counts against you in screening.
Which lines of business need which licences and permits?
A wide range of lines of business — restaurants, dealing in second-hand goods, construction, recruitment agencies and so on — call for a permit or a notification in advance.
The main lines of business that need licences, permits or qualifications are as follows.
Restaurants Restaurant business permit / public health centre / a food sanitation supervisor is required
Hairdressers and barbers Notification of opening a beauty salon or barber's shop / public health centre / a qualified person must be present at all times
Accommodation (private lodging, hotels and so on) Hotel business permit or notification of a private lodging business / public health centre and prefecture / strict requirements for the building
Dealing in second-hand goods Second-hand goods dealer permit / prefectural public safety commission (police station) / watch out for grounds of disqualification
Construction Construction business permit / prefecture and the Ministry of Land, Infrastructure, Transport and Tourism / applies to contracts of at least 5 million yen (500万円)
Recruitment agencies and worker dispatching Employment placement or worker dispatching permit / Ministry of Health, Labour and Welfare / strict financial requirements
Massage and manual therapy Notification of opening a treatment facility / public health centre / a national qualification (anma massage and shiatsu practitioner) is essential
Medical institutions (clinics and the like) Permit to open / prefecture / a qualified doctor is required
Trade (import and export) Import or export permits for some goods / customs, the Ministry of Economy, Trade and Industry and others / take care with cosmetics, foodstuffs, pharmaceuticals and the like
Selling alcohol Liquor sales business licence / tax office / the requirements differ for retail, mail order and serving with food
Childcare facilities and cram schools Approved or notified childcare business / municipality and prefecture / building requirements and staffing levels apply
Taxis and transport Transport business permit (general passenger transport and the like) / Ministry of Land, Infrastructure, Transport and Tourism / a set number of vehicles and an operations manager are required
How can you find out whether licences and permits are needed?
Check the official websites of the ministry or local authority responsible, and the start-up support desks for foreign nationals; if it is hard to judge, please consult an expert.
Looking into it yourself
The official websites of the Ministry of Health, Labour and Welfare, the Ministry of Land, Infrastructure, Transport and Tourism, the tax office and so on
JETRO's guide to starting a business, for foreign nationals
If it is hard to judge in advance, consulting an expert such as a certified administrative procedures legal specialist (gyoseishoshi) lets you avoid wasted preparation and risk.
What is required in common when obtaining licences and permits?
4 things are required in common: requirements as to people, as to physical facilities, as to finances, and as to procedure.
Requirements as to people Placing qualified persons and managers
Requirements as to physical facilities Facilities that meet the standards for floor area and structure
Requirements as to finances Requirements as to capital and net assets
Requirements as to procedure Having the necessary documents in order, and consistency with the articles of incorporation
What are the common misunderstandings?
3 are typical: that you can get the permit after getting the visa, that a foreign national can obtain any qualification, and that you have heard no permit is needed.
"I can get the permit after obtaining the business visa" As a rule, without the permit the visa may not be granted.
"A foreign national can obtain the qualification too" Some national qualifications have restrictions on eligibility to sit the examination or on practical experience.
"I heard no permit is needed" Even within the same line of business, a small difference in how you operate can make a permit necessary.
Advice for those preparing to start a business
Draw up a business plan that is realistic and concrete
As far as possible, obtain licences and permits before applying for the visa
Work with a certified administrative procedures legal specialist (gyoseishoshi), a certified tax accountant and an estate agent as needed
Securing premises bears directly on licences and permits, but consider also the risk if the visa is denied
Going about it in the wrong order carries a risk that incorporation or obtaining the visa will be greatly delayed, or will fail. If you are unsure, please consult an expert such as a certified administrative procedures legal specialist (gyoseishoshi) early on.
Frequently Asked Questions
Can I apply for licences and permits after obtaining the visa?
As a rule, without the permit the visa may not be granted. Screening expects you either to have already obtained the permit, or to have a firm prospect of obtaining it, so please obtain it before applying for the visa as far as possible.
What happens if I apply without obtaining the licences and permits?
You are taken to be insufficiently prepared, and doubt is cast on whether the business can be carried out. As a result, there are cases where 「経営・管理」 is denied.
Where can I find out whether my business needs licences and permits?
You can check on the official websites of the Ministry of Health, Labour and Welfare, the Ministry of Land, Infrastructure, Transport and Tourism, the tax office and so on, in JETRO's guide to starting a business for foreign nationals, and at Business Concierge Tokyo. If it is hard to judge, please consult an expert such as a certified administrative procedures legal specialist (gyoseishoshi).
What is needed in common to obtain licences and permits?
4 things: requirements as to people, meaning placing qualified persons and managers; requirements as to physical facilities, meaning facilities that meet the standards; requirements as to finances, as to capital and net assets; and requirements as to procedure, meaning having the documents in order and consistency with the articles of incorporation.
This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.