外国人暮らしのQ＆A「古物を商品として売る仕事をしたい」

Q:

I want to start a business collecting and selling used clothing and other secondhand goods. Is there some procedure I need to do before I can start this kind of work? Or can I just submit a Notification of Opening a Business (kaigyō todoke / 開業届)? I want to sell things online, and have a shop at some point in the future.

A:

Foreigners contemplating setting up a sole proprietorship (kojin jigyō / 個人事業) or operating a business in Japan must first think about their status of residence (zairyū shikaku / 在留資格). Establishing a sole proprietorship is limited to those whose status of residence places no restrictions on the holder's activities due to their origin or position, i.e. Permanent Resident (eijūsha / 永住者), Spouse of a Japanese National (Nihonjin no haigūsha tō / 日本人の配偶者等), Spouse of a Permanent Resident (eijūsha no haigūsha tō / 永住者の配偶者等), and Long-term Resident (teijūsha / 定住者); and those permitting administration of a business in Japan, i.e. Business Manager (keiei/kanri / 経営・管理) and Highly Skilled Professional (kōdo senmon shoku / 高度専門職). For details, please consult your nearest regional Immigration Service Bureau.

Secondhand goods, and goods that have been purchased or traded for use but are no longer in use, and goods in these categories that have been subject to some degree of maintenance, are legally classified as kobutsu (古物 / 'old articles', secondhand goods). The buying and selling, and exchange, of secondhand goods, or being commissioned to undertake the buying, selling or exchange of secondhand goods, is called kobutsu eigyō (古物営業 / secondhand articles business). In order to operate as a secondhand good business, you must receive a kobutsu-shō (古物商, secondhand articles business operator) permit from the Public Safety Commission (kōan i'inkai / 公安委員会, i.e. the police) in your prefecture.

There are 13 categories of articles that can be handled by a secondhand articles business (as stipulated in Article 2 of the Enforcement Regulations for the Secondhand Articles Business Act): ① works of art, ② clothing, ③ watches and jewelry, ④ automobiles, ⑤ 2-wheeled motor vehicles and motorized bicycles, ⑥ bicycles, ⑦ cameras, ⑧ office equipment, ⑨ machinery, ⑩ tools, ⑪ leather and rubber products, ⑫ books, and ⑬ tickets and vouchers.

To obtain permission to operate as a secondhand articles business, one must submit an Application for Permission to Operate a Secondhand Articles Business (kobutsu-shō kyoka shinsei / 古物商許可申請) to the Safety Division (seikatsu anzen ka / 生活安全課) of the police station with jurisdiction over the area where you intend to operate the business. In the case of an individual, in addition to the application form you will need to provide documents including a copy of your resident register, your brief personal record (covering the last 5 years), a written oath (that there are no grounds for your disqualification under the law), proof of identity (and verification that you are not a legally incompetent individual, a quasi-incompetent individual, or bankrupt - not required in the case of foreign nationals).

Grounds for disqualification from receiving a permit are stipulated in Article 4 of the Secondhand Articles Business Act. For example, a person with no fixed address; a person who has received an order commencing bankruptcy proceedings and has not obtained the restoration of rights; a person sentenced to imprisonment without work or more severe punishment, and for whom five years have not passed since the day that the execution of the sentence was completed or that the person ceased to be subject to its enforcement, etc. may not receive a permit.

For more details on the Secondhand Articles Business Operator Permit, please inquire at the police station where you intend to submit the application, or consult an administrative procedures legal specialist (gyōseishoshi / 行政書士) or another specialist.

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