Why Do People in Japan Still Use Hanko Seals?

The short answer

In Japan, instead of signing a document by hand, people often press a hanko (also called inkan), a small seal carved with their surname or similar, in vermilion ink. There are two main reasons. First, since the Meiji era Japan has had an official registration system for jitsuin (registered seals), so seals have served as the way to show that "the person themselves stamped this" in important transactions. Second, after so many years of habit, the idea that important papers need a seal is deeply rooted in society.

Legally, though, a contract is valid without a seal. From 2020 the government drastically cut the number of administrative procedures that need one, and in 2021 seals stopped being compulsory for family register notifications such as marriage registrations. You could say Japan is in a transition period: no seal needed in most situations, but still required for some important procedures.

From a 2,000-year-old gold seal to the Meiji registered seal

Japan's relationship with seals goes back a very long way, and the symbol of that is the gold seal inscribed "King of Na of Wa, vassal of Han" (Kan no Wa no Na no Kokuo), a National Treasure. According to Fukuoka City Museum, it was given in AD 57 by Emperor Guangwu of the Later Han dynasty in China to the king of Na, a state in Wa (as Japan was then called). Tradition says it was found by chance in 1784 on Shikanoshima island in Fukuoka by a farmer repairing an irrigation channel in a rice field. Its face is about 2.35 cm on each side, and it was designated a National Treasure in 1931.

The system that leads to today's practice took shape in the Meiji era. According to the All Japan Seal Engraving Association, a Dajokan proclamation (a decree of the government of the time) in October 1873 (Meiji 6) established the registered seal system, and since then seals have played an important part in how Japanese society is organised.

What is the difference between a jitsuin and a mitomein?

Broadly, there are two kinds of seal: the jitsuin, registered with the authorities, and the mitomein, an unregistered seal for everyday use. A jitsuin is a seal that has gone through inkan toroku (seal registration) at the office of the city, ward, town or village where you live. According to guidance from Yokohama and Chiba cities, anyone aged 15 or over who is registered as a resident of the city can register, and in Chiba it is limited to one seal per person. There are conditions, such as the impression (the mark it leaves) having to be larger than 8 mm and smaller than 25 mm on each side, and seals that deform easily, like rubber stamps, cannot be registered.

Once your seal is registered, you can get an inkan toroku shomeisho (seal registration certificate, often just called inkan shomei). As Chiba City explains it, this proves that a seal used in property transactions and the like is your registered seal. In other words, the local authority vouches that "this seal really belongs to this person", which is why important contracts can still ask for the registered seal and the certificate together.

Foreign nationals can register a seal too, as long as they are registered as residents. In Chiba, the standard is to register under the name in the Latin alphabet as written on your residence card; katakana or an alias can only be used if it is recorded on your resident record. The details differ from one municipality to the next, so check the guidance from your own city, ward, town or village.

No seal does not mean no contract

It may come as a surprise, but the "Q&A on seals" issued on 19 June 2020 by the Cabinet Office, the Ministry of Justice and the Ministry of Economy, Trade and Industry states clearly that a contract is formed by the agreement of the parties and that, unless special rules apply, the lack of a seal does not affect whether it is valid.

So what is a seal actually for? The Code of Civil Procedure says that a private document bearing the person's signature or seal is presumed to have been made by that person. If a court case turns on whether someone really made a document, having their seal on it lightens the burden of proof, and that is the main legal role of the seal.

The same Q&A also points out that this effect is limited. The presumption can fall apart if, for example, the seal was used by someone else without permission; with an unregistered mitomein it is hard even to prove that the impression matches the person's seal; and it has been pointed out that seals have become easier to copy with things like 3D printers. Instead, it recommends keeping evidence in other ways, such as saving email exchanges or using electronic signatures.

Moving away from seals since 2020

The big turning point came in 2020. The Q&A mentioned above recommends dropping unnecessary seals or replacing them with other methods, with the aim of encouraging telework (working from home). The government reviewed the procedures of every ministry, and according to Cabinet Office documents, of 14,992 kinds of national administrative procedure, it decided to abolish the seal requirement, or to consider abolishing it, for 14,909 (99.4 per cent).

The thinking behind the review was that unregistered seals (mitomein) do little to confirm who someone is, so they should basically go, while cases where the system calls for strict identity checks might go as far as requiring a seal registration certificate. Put simply: stop using mitomein, but keep the situations where a registered seal and its certificate actually mean something.

The law changed too. According to the Digital Agency, a 2021 law to put in order the related legislation for building a digital society amended 48 laws, removing the seal requirement from procedures that had needed one and allowing documents to be issued electronically, among other changes (in principle in force from 1 September 2021). According to the Ministry of Justice, from the same date seals were no longer compulsory for family register notifications such as marriage and birth registrations, though you can still stamp one if you wish.

Where travellers and residents come across seals

Once you live in Japan, you may notice a circle marked 印 (in, meaning "seal") on forms from the city office or on contracts. That is where the seal goes. Seals are now mostly unnecessary for national government procedures, but private companies and local authorities still vary in how they handle them, so if you are unsure, the safest thing is to ask at the counter whether a signature will do.

If you love history, go and see the National Treasure gold seal at Fukuoka City Museum. According to the museum, it has been on show in the permanent exhibition room at all times since the museum opened. You really get a sense of this tiny gold seal appearing on one of the very first pages of Japanese history.

Tips

A box on a form marked 印 is where you press your seal. If you do not have one, ask at the counter whether you can sign instead.
If you plan to stay long-term and might make a big transaction such as buying property or a car, it is worth reading your city, ward, town or village's guidance on seal registration. Foreign nationals can register too, as long as they are registered as residents.
Seals that can be registered have conditions on size and material (for example, more than 8 mm and less than 25 mm on each side, and no rubber stamps). Check your local authority's rules before having one made.
Since 1 September 2021, family register notifications such as marriage registrations no longer require a seal, so you can submit them without one.
If you visit Fukuoka, head to Fukuoka City Museum, where the National Treasure gold seal is on permanent display.