Published: 2006
Key Benefits:
National Government Organization Act
(Act No. 120 of July 10, 1948)
(Purpose)
Article 1 The purpose of this Act is to provide for the standards for the
organization of the administrative organs under the control and jurisdiction of
the Cabinet other than the Cabinet Office (hereinafter referred to as the
"Administrative Organ(s) of the State"), thereby arranging the organization of
national government which is necessary for the efficient performance of the
administrative matters of the State.
(Structure of the Organization)
Article 2 (1) The organization of national government shall be, under the control
and jurisdiction of the Cabinet and together with the organization of the
Cabinet Office, structured systematically by all of the administrative organs
that have duties and a well-defined scope of affairs under the jurisdiction that
is necessary for accomplishing such duties.
(2) The Administrative Organs of the State shall, under the control and
jurisdiction of the Cabinet, carry out self-evaluation, plan and draft their own
policies and achieve mutual coordination and liaison among the Administrative
Organs of the State in respect of their policies so that they may demonstrate
their administrative functions as one body. The same shall apply to
coordination and liaison of their policies with the Cabinet Office.
(Establishment, Abolition, Duties and Affairs under Jurisdiction of
Administrative Organs)
Article 3 (1) The organization of the Administrative Organs of the State shall be
prescribed by this Act.
(2) The Administrative Organs of the State to be established for the organization
of the government shall be ministries, commissions and agencies, and the
establishment and abolition thereof shall be prescribed separately by an Act.
(3) A ministry shall be established as an organ that takes charge of
administrative matters under the control and jurisdiction of the Cabinet, and a
commission and an agency shall be established under a ministry as its external
organs.
(4) The organs to be established as Administrative Organs of the State as set
forth in paragraph 2 shall be those listed in appended table 1.
Article 4 The duties of the Administrative Organs of the State and the scope of
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the affairs under jurisdiction that are necessary for accomplishing such duties
as set forth in the preceding Article shall be prescribed separately by an Act.
(Heads of Administrative Organs)
Article 5 (1) The head of a ministry shall be a minister, and shall take charge of
and manage the relevant administrative matters as the competent minister
referred to in the Cabinet Act (Act No. 5 of 1947).
(2) A minister shall be appointed by the Prime Minister from among the
Ministers of State; provided, however, that this shall not preclude the Prime
Minister from assuming such a position himself/herself.
Article 6 The head of a commission shall be a chairperson, and the head of an
agency shall be a director-general.
(Internal Bureaus and Departments)
Article 7 (1) A ministry shall establish a secretariat and bureaus in order to
accomplish the affairs under its jurisdiction.
(2) The secretariat and bureaus set forth in the preceding paragraph may, when
particularly necessary, establish departments.
(3) An agency may establish a secretariat and departments in order to
accomplish the affairs under its jurisdiction.
(4) The establishment of secretariats, bureaus and departments and the scope of
the affairs under their jurisdiction shall be specified by a Cabinet Order.
(5) An agency, secretariat, bureau, and department (excluding one which is set
forth in appended table 2 as an agency whose affairs under jurisdiction mainly
pertain to the implementation of policies [hereinafter referred to as an
"Implementing Agency"] and a secretariat and departments to be established in
an Implementing Agency) may establish divisions and offices equivalent
thereto, and the establishment and the scope of the affairs under the
jurisdiction of such organs shall be specified by a Cabinet Order.
(6) An Implementing Agency and a secretariat and departments to be established
in the Implementing Agency may, within the limits of the number specified by
a Cabinet Order, establish divisions and offices equivalent thereto, and the
establishment and the scope of the affairs under the jurisdiction of such organs
shall be specified by a Cabinet Order.
(7) A commission may establish an executive office pursuant to the provisions of
an Act. The provisions of paragraphs 3 to 5 inclusive shall apply mutatis
mutandis to the internal organization of an executive office.
(8) A commission may, when particularly necessary, establish a general executive
office pursuant to the provisions of an Act.
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(Councils, etc.)
Article 8 An Administrative Organ of the State as set forth in Article 3 may,
within the scope of the affairs under jurisdiction as prescribed by an Act,
establish an organ having a council system for taking charge of the study and
deliberation of important matters, administrative appeals or other affairs that
are considered appropriate to be processed through consultation among persons
with the relevant knowledge and experience, pursuant to the provisions of an
Act or a Cabinet Order.
(Organs such as Facilities)
Article 8-2 An Administrative Organ of the State as set forth in Article 3 may,
within the scope of the affairs under jurisdiction as prescribed by an Act,
establish test and research laboratories, inspection and certification institutes,
educational and training facilities (including organs and facilities similar
thereto), medical and rehabilitation facilities, reformatory and internment
facilities, and work facilities, pursuant to the provisions of an Act or a Cabinet
Order.
(Extraordinary Organs)
Article 8-3 An Administrative Organ of the State as set forth in Article 3 may,
when particularly necessary, establish extraordinary organs in addition to
those organs that are prescribed in the preceding two Articles, within the scope
of the affairs under jurisdiction as prescribed by an Act, pursuant to the
provisions of an Act.
(Local Branch Bureaus and Departments)
Article 9 An Administrative Organ of the State as set forth in Article 3 may, in
cases where it is necessary to allot affairs under its jurisdiction, establish local
branch bureaus and departments, pursuant to the provisions of an Act.
(Authority of Heads of Administrative Organs)
Article 10 A minister, the chairperson of a commission or the director-general of
an agency shall superintend the affairs of the ministry, the commission or the
agency, and supervise the public service offered by their officials.
Article 11 A minister shall, when he/she finds it necessary to establish, revise or
abolish any Act or Cabinet Order in respect of administrative matters under
his/her charge, submit a proposal together with a draft to the Prime Minister
and ask for a cabinet meeting therefor.
Article 12 (1) A minister may, in order to enforce an Act or a Cabinet Order in
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respect of administrative matters under his/her charge, or on the basis of a
special delegation under an Act or a Cabinet Order, issue a Ministerial
Ordinance as an order from the ministry.
(2) The head of an external organ may, in respect of the affairs under the
jurisdiction of the external organ, submit a proposal for the issuance of a
Ministerial Ordinance together with a draft thereof to the competent minister.
(3) Without delegation by an Act, no penal provisions or any provisions that
impose obligations on or restrict the rights of citizens may be established in a
Ministerial Ordinance.
Article 13 (1) A commission or the director-general of an agency may, as
separately prescribed by an Act, issue by itself rules and any other special
orders other than a Cabinet Order and a Ministerial Ordinance.
(2) The provisions of paragraph 3 of the preceding Article shall apply mutatis
mutandis to an order set forth in the preceding paragraph.
Article 14 (1) A minister, a commission or the director-general of an agency may,
in respect of the affairs under the jurisdiction of the ministry, the commission
or the agency, issue a public notification in the case where it is necessary to
issue a public notice.
(2) A minister, a commission or the director-general of an agency may, for the
purpose of giving an order or direction in respect of the affairs under the
jurisdiction of the ministry, the commission or the agency, issue an instruction
or a circular notice to the competent organs and officials.
Article 15 A minister, a commission or the director-general of an agency may,
when he/she finds it necessary to achieve mutual coordination with
administrative organs in respect of policies to accomplish the duties of the
ministry, the commission or the agency, seek the submission of and
explanation about the necessary materials from the heads of the relevant
administrative organs by clarifying such necessity and state his/her opinion
with respect to the policies of such relevant administrative organs.
(Senior Vice-Ministers)
Article 16 (1) Each ministry shall establish senior vice-ministers.
(2) The fixed number of senior vice-ministers shall be as prescribed respectively
in the column of the fixed number of senior vice-ministers in appended table 3.
(3) A senior vice-minister shall take charge of policies and planning and deal
with state affairs by the order of the minister who is the head of the ministry
concerned, and by receiving the order of the Minister who is the head of such
ministry in advance, perform the duties of the minister in the absence of said
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minister.
(4) In a ministry where two senior vice-ministers are established, the scope of
duties and the order in which to act for the minister as set forth in the
preceding paragraph to be carried out by each senior vice-minister shall be as
specified by the minister who is the head of the ministry concerned.
(5) Appointment or dismissal of a senior vice-minister shall be effected by the
Cabinet based on a proposal made by the minister who is the head of the
ministry concerned and the Emperor will certify it.
(6) The senior vice-ministers shall, in the case of the general resignation of the
Cabinet, lose their positions at the same time as the Prime Minister and all
other Ministers of State lose their positions.
(Parliamentary Secretaries)
Article 17 (1) Each ministry shall establish parliamentary secretaries.
(2) The fixed number of parliamentary secretaries shall be as prescribed
respectively in the column of the fixed number of parliamentary secretaries in
appended table 3.
(3) A parliamentary secretary shall assist the minister who is the head of the
ministry concerned, participate in specified policies and planning, and deal
with state affairs.
(4) The scope of the duties set forth in the preceding paragraph to be carried out
by each parliamentary secretary shall be as specified by the minister who is
the head of the ministry concerned.
(5) Appointment or dismissal of a parliamentary secretary shall be effected by
the Cabinet based on a proposal made by the minister who is the head of the
ministry concerned.
(6) The provisions of paragraph 6 of the preceding Article shall apply mutatis
mutandis to parliamentary secretaries.
(Administrative Vice-Ministers and Deputy Directors-General, etc. of Agencies)
Article 18 (1) Each ministry shall establish one administrative vice-minister.
(2) An administrative vice-minister shall assist the minister who is the head of
the ministry concerned, coordinate the affairs of the ministry, and supervise
the affairs of the relevant bureaus, departments and organs.
(3) Each agency shall, when particularly necessary, establish deputy directors-
general as being the positions that assist the director-general and coordinate
the affairs of the agency, and the establishment of such positions and the fixed
number thereof shall be specified by a Cabinet Order.
(4) A ministry or an agency may, when particularly necessary, establish positions
that collectively coordinate part of the affairs under its jurisdiction, and the
establishment, the duties and the fixed number of such positions shall be
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specified by an Act (a Cabinet Order in the case of an Agency).
(Private Secretaries)
Article 19 (1) Each ministry shall establish private secretaries.
(2) The fixed number of private secretaries shall be specified by a Cabinet Order.
(3) A private secretary shall take charge of the affairs concerning confidential
matters by order of the minister of the ministry concerned or assist in the
affairs of the relevant bureaus and departments by temporary order of the
minister.
(Positions that Take Charge of Affairs not under the Jurisdiction of the
Secretariat and Bureaus, etc.)
Article 20 (1) A ministry may, when particularly necessary, establish positions,
which are equivalent to those of directors-general, that have jurisdiction over
affairs not under the jurisdiction of the secretariat and bureaus for the
efficient performance of such affairs, and the establishment, the duties and the
fixed number of such positions shall be specified by a Cabinet Order.
(2) An agency may, when particularly necessary, establish positions, which are
equivalent to those of directors-general of departments, that have jurisdiction
over affairs not under the jurisdiction of the secretariat and departments for
the efficient performance of such affairs, and the establishment, the duties and
the fixed number of such positions shall be specified by a Cabinet Order.
(3) A ministry and an agency (excluding an Implementing Agency) may, when
particularly necessary, establish positions, which are equivalent to those of
directors of divisions, that assist in the carrying out of the whole or part of the
duties undertaken by those in the positions set forth in the preceding two
paragraphs, and the establishment, the duties and the fixed number of such
positions shall be specified by a Cabinet Order.
(4) An Implementing Agency may, when particularly necessary, establish
positions, which are equivalent to those of directors of divisions, that assist in
the carrying out of the whole or part of the duties undertaken by those in the
positions set forth in paragraph 2 within the limits of the number specified by
a Cabinet Order, and the establishment, the duties and the fixed number of
such positions shall be specified by a Ministerial Ordinance.
(Positions in Internal Bureaus and Departments)
Article 21 (1) The executive office of a commission, a bureau, a department, a
division and an office equivalent to a division shall respectively establish the
director of the executive office, the director-general of the bureau, the director-
general of the department, the director of the division and the director of the
office.
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(2) A secretariat may establish a head, and the establishment and the duties
thereof shall be specified by a Cabinet Order.
(3) A bureau, a department or the executive office of a commission may establish
deputy directors, and the establishment, the duties and the fixed number
thereof shall be specified by a Cabinet Order.
(4) A secretariat, a bureau or a department (excluding a secretariat or
department established in an Implementing Agency) or the executive office of a
commission may establish positions, which are equivalent to those of directors
of divisions, that coordinate part of the affairs under its jurisdiction or that
have jurisdiction over affairs not under the jurisdiction of the divisions
(including offices equivalent to divisions) for the efficient performance of such
affairs, and the establishment, the duties and the fixed number of such
positions shall be specified by a Cabinet Order. The same shall apply to the
case where an agency (excluding an Implementing Agency) that does not have
a secretariat or departments establishes positions corresponding to those
positions.
(5) The secretariat or departments established in an Implementing Agency may,
within the limits of the number specified by a Cabinet Order, establish
positions, which are equivalent to directors of divisions, that collectively
coordinate part of the affairs under its jurisdiction or that have jurisdiction
over affairs not under the jurisdiction of the divisions (including offices
equivalent to the divisions) for the efficient performance of such affairs, and
the establishment, the duties and the fixed number of such positions shall be
specified by a Cabinet Order. The same shall apply to the case where an
Implementing Agency that does not have a secretariat or departments
establishes positions corresponding to those positions.
(Special Provisions on Administrative Organs of Government Enterprises)
Article 22 Notwithstanding the provisions of Article 7 and the preceding Article,
different provisions may be specially provided for by an Act with respect to an
administrative organ of a government enterprise.
(Number of Secretariats and Bureaus)
Article 23 The number of secretariats and bureaus to be established under the
provisions of Article 7, paragraph 1, together with the number of secretariats
and bureaus to be established under the provisions of Article 17, paragraph 1
of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999), shall be
96 or less.
(Organizational Titles of Positions)
Article 24 The positions under the provisions of this Act shall be given
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organizational titles in addition to the titles of the relevant position levels
under the position classification.
(Report, etc. to the Diet)
Article 25 (1) When the government has newly established, revised or abolished
any organization established by a Cabinet Order pursuant to the provisions of
Article 7, paragraph 4 (including the cases where it is applied mutatis
mutandis pursuant to paragraph 7 of the same Article), Article 8, Article 8-2,
Article 18, paragraph 3 or paragraph 4, Article 20, paragraph 1 or paragraph 2
or Article 21, paragraph 2 or paragraph 3 or any other major organization
equivalent thereto, it shall report such situation to the next session of the Diet.
(2) The government shall publicly notify the organization of the Administrative
Organs of the State listed in an official gazette at least once a year.
Appended table 1 (Re: Article 3)
Ministry Commission Agency
Ministry of Internal Environmental Disputes Fire and Disaster
Affairs and Coordination Management Agency
Communications Commission
Ministry of Justice Public Security Public Security
Examination Intelligence Agency
Commission
Ministry of Foreign
Affairs
Ministry of Finance National Tax Agency
Ministry of Education, Agency for Cultural
Culture, Sports, Science Affairs
and Technology
Ministry of Health, Central Labour Social Insurance Agency
Labour and Welfare Relations Commission
Ministry of Agriculture, Forestry Agency
Forestry and Fisheries
Fisheries Agency
Ministry of Economy, Agency for Natural
Trade and Industry Resources and Energy
Japan Patent Office
Small and Medium
Enterprise Agency
Ministry of Land, Central Labour Japan Meteorological
Infrastructure, Relations Commission Agency
Transport and Tourism for Seafarers
Japan Coast Guard
Japan Marine Accident
Inquiry Agency
Ministry of the
Environment
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Ministry of Defense Defense Facilities
Administration Agency
Appended table 2 (Re: Article 7)
Public Security Intelligence Agency
National Tax Agency
Social Insurance Agency
Japan Patent Office
Japan Meteorological Agency
Japan Coast Guard
Japan Marine Accident Inquiry Agency
Defense Facilities Administration Agency
Appended table 3 (Re: Article 16 and 17)
Ministry Fixed number of Senior Fixed number of the
Vice-Ministers Parliamentary Secretaries
Ministry of Internal 2 persons 3 persons
Affairs and
Communications
Ministry of Justice 1 person 1 person
Ministry of Foreign 2 persons 3 persons
Affairs
Ministry of Finance 2 persons 2 persons
Ministry of 2 persons 2 persons
Education, Culture,
Sports, Science and
Technology
Ministry of Health, 2 persons 2 persons
Labour and Welfare
Ministry of 2 persons 2 persons
Agriculture,
Forestry and
Fisheries
Ministry of 2 persons 2 persons
Economy, Trade
and Industry
Ministry of Land, 2 persons 3 persons
Infrastructure,
Transport and
Tourism
Ministry of the 1 person 1 person
Environment
Ministry of Defense 1 person 2 persons
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