National Government Organization Act


Published: 2006

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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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