THE NATIONAL GOVERNMENT ORGANIZATION LAW

[Additional Rules] [Appendix I] [Appendix II] [Law No.120 of 1948, as originally enacted]


(Law No.120 of 1948, as Amended)

(General Provisions)
Article 1. The object of this law is to determine the national government organization necessary for the efficient prosecution of national administrative affairs by establishing standards for the organization of administrative organs under the control and jurisdiction of the Cabinet.

Article 2. (1) The national government organization shall, under the control and jurisdiction of the Cabinet, be made up of a system of administrative organs having a well-defined scope of authority and responsibility and specific functions.
(2) The national administrative organs shall, under the control and jurisdiction of the Cabinet, maintain liaison with one another so that they may consummate their administrative functions as an organic whole.

(Establishment and Abolition of Administrative Organs, Then [sic] Specific Functions, etc.)
Article 3. (1) The national government organization shall be determined in this law.
(2) The national administrative organs to be established for the purpose of administrative organization shall be Office on the Ministerial Level, Ministry, Commission, and Agency. The establishment and abolition of such administrative organs shall be provided for by other law.
(3) An Office on the Ministerial Level and a Ministry shall be set up as organs which takes charge of administrative affairs under the control and jurisdiction of the Cabinet [sic] . Commissions and Agencies shall be set up as independent organs of an Office on the Ministerial Level or of a Ministry; provided that in case of special necessity, Commissions and Agencies may be set up in a Commission or Agency of which the head is a Minister of State as provided for by law.
(4) The administrative organs established in accordance with the provisions of paragraph 2 of this Article are listed in Appendix 1.

Article 4. The scope of the functions and powers of the respective administrative organs referred to in the preceding Article shall be provided for by other law.

(Heads of Administrative Organs)
Article 5. (1) The Heads of the Prime Minister's Office and of each Ministry shall be, respectively, the Prime Minister and the Minister of each Ministry (hereinafter referred to as "each Minister"), who as competent Ministers referred to in the Cabinet Law (Law No.5 of 1947) shall have charge and control of their respective administrative affairs.
(2) Each Minister shall be appointed by the Prime Minister from among the Ministers of State. This shall not, however, preclude the Prime Minister from assuming any of these posts.

Article 6. The head of a Commission shall be called Chairman and the head of an Agency shall be called Director-General.

(Internal Subdivisions)
Article 7. (1) An Office on the Ministerial Level and a Ministry shall, for the purpose of administering its own functions, have a Secretariat and Bureaus.
(2) The Secretariat and Bureaus referred to in the preceding paragraph may, in case of special necessity, have Departments.
(3) For the purpose of administering its functions, an Agency may have a Secretariat and Departments.
(4) Notwithstanding the provision of the preceding paragraph, Agencies of which the head is a Minister of State as provided for by law may have Bureaus instead of Departments. The provision of paragraph 2 of the present article shall apply correspondingly to the Secretariat and Bureaus of the Agency which has Bureaus instead of Departments.
(5) The establishment of the Secretariat, Bureaus and Departments, and their respective jurisdiction shall be provided for by Cabinet Order.
(6) An Agency, Secretariat, Bureau and Department may have Divisions, and Offices which are equivalent to Divisions. The establishment of such Divisions and Offices and their jurisdiction shall be determined by a Cabinet Order.
(7) A commission may have an Executive Office as authorized by law. The provisions of paragraphs 3, 5 and 6 of this Article shall apply correspondingly to the internal organization of the Executive Office.
(8) A Commission may have General Executive Office as authorized by law, in case of special necessity.

(Councils)
Article 8. Each administrative organ referred to in Article 3 may establish by law or Cabinet Order collegial bodies to be in charge of deliberation of important matters, review of administrative appeals or other affairs deemed proper to be dealt with by conference of men of learning and knowledge and the like within the scope of its jurisdiction as provided for by law.

(Facilities)
Article 8-2. Each administrative organ referred to in Article 3 may establish by law or Cabinet Order Experimental Laboratories, Examination or Research Institutes, Educational or Training Facilities (including facilities or organizations similar to these), Medical or Rehabilitation Facilities, Correctional or Internment Facilities and Work Facilities within the scope of its jurisdiction as provided for by law.

(Extraordinary organizations)
Article 8-3. In addition to the organizations provided for in the preceding two articles, each administrative organ referred to in Article 3 may, in case of special necessity, establish by law extraordinary organizations within the scope of its jurisdiction as provided for by law.

(Local Branch Offices)
Article 9. Each administrative organ referred to in Article 3 may, as authorized by law, establish local branch offices, in case they are necessary for carrying out its functions.

(Authority and Responsibility of the Heads of Administrative Organs)
Article 10. Each Minister, Chairman of each Commission, and Director-General of each Agency, shall preside over the affairs of his organization and control and supervise its personnel in regard to the performance of its duties.

Article 11. When each Minister considers it necessary to enact, amend or abrogate any law or Cabinet Order in respect of administrative affairs under his charge, he shall submit a draft proposal to that effect to the Prime Minister for Cabinet decision.

Article 12. (1) For the purpose of implementing any law or Cabinet Order or under special authorization by law or Cabinet Order, each Minister may issue ordinances of his respective office (ordinances of the Prime Minister's Office or ministerial ordinances) in respect of administrative affairs under his charge.
(2) The head of an independent organ may submit to the competent Minister a draft of the ordinance referred to in the preceding paragraph in respect of the affairs under the jurisdiction of his organization and ask for its issuance.
(3) The Chairman of a Commission and the Director-General of an Agency, other than the heads of independent organs may submit to the competent Minister a draft of the ordinance referred to in paragraph 1 in respect of the affairs under the jurisdiction of the Commission or the Agency, and ask for its issuance, as provided for by other law.
(4) Unless authorized by law, no penal clauses nor any provisions which impose obligations or restrict the rights of individuals may be included in ordinances referred to in paragraph 1.

Article 13. (1) Each Commission and the Director-General of each Agency may, as provided for by other law, issue on his own initiative rules and special orders other than Cabinet Orders and orders prescribed in paragraph 1 of the preceding Article.
(2) The provision of paragraph 4 of the preceding Article shall apply correspondingly to the orders referred to in the preceding paragraph.

Article 14. (1) Each Minister, Commission or the Director-General of each Agency may, in case it is necessary to make any public announcement in respect of the affairs under the jurisdiction of his organization, issue a Notice to that effect.
(2) Each Minister, Commission, or the Director-General of each Agency may, for the purpose of giving orders or conveying directions in respect of the affairs under jurisdiction of his organization, issue instructions or circular notices to the organizations and personnel under his jurisdiction.

Article 15 and Article 16. Deleted

(Parliamentary Vice-Minister)
Article 17. (1) Each Ministry and each Agency of which the head is a Minister of State as provided for by law, shall have Parliamentary Vice-Minister.
(2) The fixed number of Parliamentary Vice-Ministers is listed in Appendix II respectively.
(3) As regards the Ministries or Agencies where one Parliamentary Vice-Minister is assigned, the Parliamentary Vice-Minister shall, under orders of the Minister heading the Ministry or Agency, take charge of formation of policies and planning of programs, conduct the political affairs; and, under prior orders of the Minister heading the Ministry or Agency, perform the Minister's function on his behalf in the absence of the Minister.
(4) As regards the Ministries or Agencies where two Parliamentary Vice-Ministers are assigned, the one of the Parliamentary Vice-Ministers designated by the Minister heading the Ministry or Agency shall carry out the function as referred to in the preceding paragraph, and the other shall assist the Minister heading the Ministry or Agency, participate in the formation of policies and in program planning, and conduct the political affairs.
(5) Appointment and dismissal of the Parliamentary Vice-Minister shall be effected by the Cabinet upon request of the Minister heading the Ministry or Agency.
(6) In the event of the resignation en masse of the Cabinet, the Parliamentary Vice-Minister shall lose his position simultaneously with the resignation of the Prime Minister and all the other Ministers of State.

(Administrative Vice-Minister, Deputy Director-General of Agency, etc.)
Article 17-2. (1) Each Ministry and each Agency of which the head is a Minister of State as provided for by law shall have one Administrative Vice-Minister.
(2) The Administrative Vice-Minister shall assist the Minister heading the Ministry or Agency in such a way as to keep in order the affairs of Ministry or Agency and to supervise the working of respective Bureaus and Departments and of the organizations provided for in Articles 8 and 9[sic].
(3) In case of special necessity, the Agencies other than those of which the head is a Minister of State as provided for by law may have a Deputy Director-General as a position to assist the Director-General and to keep in order the affairs of the Agency. The establishment of such a Deputy Director-General shall be provided for by Cabinet Order.
(4) In case of special necessity, the Prime Minister's Office, each Ministry and Agency may have positions in charge of partial coordination of the affairs thereof. The establishment and the duties of such positions shall be provided for by law (by Cabinet Order in case of Agencies other than those of which the head is a Minister of State as provided for by law).

(Confidential Secretary)
Article 18. (1) Each Ministry shall have one Confidential Secretary.
(2) The Confidential Secretary shall under orders by the Minister take charge of confidential matters and assist temporarily in the affairs of respective administrative organs.

(Positions in Internal Subdivisions)
Article 19. (1) An Executive Office of a Commission, Bureau, Department, Division and Office equal to Division shall have respectively Director of Executive Office, Chief of Bureau, Chief of Department, Chief of Division and Chief of Office.
(2) Establishment and duties of the positions of Chief of a Secretariat, Deputy Chief of a Bureau or Department, or Deputy Director in the Executive Office of a Commission shall be effected by Cabinet Order.
(3) The establishment, duties and fixed number of positions which may be created to take charge of partial coordination of affairs, or of positions equal to the Chiefs of Divisions which may be created to take charge of affairs which do not fall under the charge of any Division (including Offices equal to Divisions) in a Secretariat, Bureau, Department or Executive Office of a Commission respectively, shall be provided for by a Cabinet Order. The same applies to the establishment of positions equivalent to these in an Agency which do [sic] not have a Secretariat, Bureau or Department.

(Special Provision for Administrative Organs charged with Government Enterprises)
Article 20. Regardless of the provisions of Article 7 and of the preceding Article, provisions may be made otherwise by law in respect of the administrative organs charged with government enterprises.

(Organizational Title of Position)
Article 21. Each of the positions provided for in this Law shall have an organizational title in addition to its official class title prescribed by the position classification plan.

(Report to the Diet and Publication)
Article 22. (1) The Government shall report to the Diet any establishment, reorganization or abolition of the organizations to be provided for by Cabinet Order pursuant to the provisions of paragraph 5 of Article 7 (including the case where it is applicable as provided for by paragraph 7 of the same Article), Article 8, Article 8-2, paragraph 3 or 4 of Article 17-2 or paragraph 2 of Article 19 and other organizations of equal importance during the session to be convoked at a proximate date.
(2) The Government shall publish by the official gazette, a list of organizations of the national administrative organs at least once a year.

Additional Rules

Article 25. The ceiling of the number of Secretariats (in case of Secretariats of Agencies, limited to those established in Agencies of which the head is a Minister of State as provided for by law) and Bureaus established pursuant to the provisions of paragraphs 1, 3 or 4 of Article 7 shall be 128 for the time being.




Appendix I

Office on the Ministral Level or Ministry Commission Agency
Prime Minister's Office ・ Fair Trade Commission
・ National Public Safety Commission
・ Environmental Disputes Coordination Commission
・ Financial Reconstruction Commission
・ Imperial Household Agency
・ Management and Coordination Agency
・ Hokkaido Development Agency
・ Defense Agency
・ Economic Planning Agency
・ Science and Technology Agency
・ Environment Agency
・ Okinawa Development Agency
・ National Land Agency
・ Financial Services Agency
・ Defense Facilities Administration Agency
Ministry of Justice ・ National Bar Examination Administration Commission
・ Public Security Examination Commission
・ Public Security Investigation Agency
Ministry of Foreign Affairs

Ministry of Finance
・ National Tax Administration Agency
Ministry of Education
・ Agency for Cultural Affairs
Ministry of Health and Welfare
・ Social Insurance Agency
Ministry of Agriculture, Forestry and Fisheries
・ Food Agency
・ Forestry Agency
・ Fisheries Agency
Ministry of International Trade and Industry
・ Agency of Natural Resources and Energy
・ Patent Office
・ Small and Medium Enterprise Agency
Ministry of Transport ・ Central Labour Relations Commission for Seafarers ・ Maritime Safety Agency
・ Marine Accidents Inquiry Agency
・ Meteorological Agency
Ministry of Posts and Telecommunications

Ministry of Labour ・ Central Labour Relations Commission
Ministry of Construction

Ministry of Home Affairs
・ Fire-Defense Agency

Note: Financial Services Agency shall be set up in Financial Reconstruction Commission, and Defense Facilities Administration Agency in Defense Agency.


Appendix II

Ministry or Agency Fixed num.
Management and Coordination Agency 1
Hokkaido Development Agency 1
Defense Agency 2
Economic Planning Agency 1
Science and Technology Agency 1
Environment Agency 1
Okinawa Development Agency 1
National Land Agency 1
Ministry of Justice 1
Ministry of Foreign Affairs 2
Ministry of Finance 2
Ministry of Education 2
Ministry of Health and Welfare 1
Ministry of Agriculture, Forestry and Fisheries 2
Ministry of International Trade and Industry 2
Ministry of Transport 2
Ministry of Posts and Telecommunications 2
Ministry of Labour 1
Ministry of Construction 2
Ministry of Home Affairs 2


Based on the translation by the Management and Coordination Agency
(Organization of the Government of Japan 2000)






National Government Organization Law

Law No.120 of 1948, as originally enacted)

(General Provisions)
Article 1. The object of this Law is to regulate the national government organization which is necessary for the efficient prosecution of national administrative affairs by establishing standards for the organization of administrative organs under the control and jurisdiction of the Cabinet.

Article 2. The national government organization shall, under the control and jurisdiction of the Cabinet, be systematically constituted of a system of administrative organs having a well-defined scope of authority and responsibility and specific functions for which they are responsible.
2. The national administrative organs shall, under the control and jurisdiction of the Cabinet, maintain liaison with one another so that they may consummate their administrative functions as an organic whole.

(Establishment and Abolition of Administrative Organs, their Specific Functions, etc.)
Article 3. The national government organization shall be determined by this law.
2. For the purpose of administrative organization the national administrative organs shall be comprised an Office on ministerial level, Ministry, Commission or Agency. The establishment or abolition of such administrative organs shall be provided for by separate law.
3. Commissions and Agencies shall be those set up as independent organizations of the Prime Minister's Office, the Attorney General's Office or each Ministry.
4. Administrative organs set up as provided for in paragraph 2 shall be enumerated in the Appendix to this law.

Article 4. The scope of authority and responsibility of administrative organs referred to in the preceding Article and specific functions for which they are responsible shall be provided for by separate law.

(Heads of Administrative Organs)
Article 5. The head of the Prime Minister's Office, the Attorney General's Office and each Ministry shall be, respectively, the Prime Minister, the Attorney General and Minister of each Ministry (to be hereinafter referred to as "each Minister"), who, as a competent Minister referred to in the Cabinet Law, shall have charge and control of their respective administrative affairs.
2. The Attorney General shall be appointed by the Prime Minister from among persons most fitted for the post. He shall be a Minister of State.
3. Ministers of various Ministries shall be appointed by the Prime Minister from among Ministers of State. This shall not, however, preclude the Prime Minister from assuming in person any of those posts.
Article 6. The head of a Commission shall be Chairman, and of an Agency, Director.

(Internal Subdivisions and Organs)
Article 7. For the purpose of administering their respective specific functions, an Office on ministerial level, and Ministry shall have internal subdivisions enumerated below:

Secretariat

Bureaus

Sections

2. For the purpose of administering their respective specific functions, an Agency may have internal subdivisions enumerated below:

Secretariat

Divisions

Sections

3. Of the subdivisions referred to in the preceding two paragraphs, the establishment of the Secretariat, Bureau and Division, and the scope of affairs under their respective charge shall be provided for by law, while the creation of Section and its scope of the affairs under its respective charge shall be determined by each Minister or the head of independent organization within the limits of the pursuant law. However, in the case of creating Section, budgetary procedure shall be accompanied therewith.
4. The Commission shall have a Secretariat. The provisions of the preceding two paragraphs shall apply correspondingly to the internal organization of the Secretariat.

Article 8. In addition to the internal subdivisions referred to in the preceding Article, in case there is special necessity within the scope of specific functions as provided for by law, Councils or Committees (to be taken to embrace all those of an advisory or investigational nature, etc. other than Commissions provided for in Article 3), Experimental Stations or Laboratories, Research Institutes, Educational Facilities, Medical Facilities, and other organs may be set up as provided for by law.
2. In case the organs referred to in the preceding paragraph are to be established in local areas, the same shall be subject to the provision of Article 156 of the Local Autonomy Law (Law No. 67 of 1947).

Article 9. In case it is necessary to make them administer its specific functions, each administrative organ referred to in Article 3 may, as provided for by law, establish local branch offices.

(Authority and Responsibility of the Heads of Administrative Organs)
Article 10. Each Minister, a Chairman of each Commission, or Director of each Agency, shall preside over the affairs of his organ and control and supervise its personnel in regard to the performance of their duties.

Article 11. When each Minister deems it necessary to enact, amend, or abrogate any law or cabinet order in respect to administrative affairs under his charge, he shall submit a draft to the Prime Minister and ask for a cabinet conference.

Article 12. Each Minister may issue an ordinance for his respective office (an ordinance of the Prime Minister's Office, an ordinance of the Attorney General's Office or a ministerial ordinance) for the purpose of implementing any law or cabinet order in respect to administrative affairs under his charge or as specially authorized by law or cabinet order.
2. The head of an independent organization may submit to the respective competent Minister a draft of the ordinance referred to in the preceding paragraph in respect to the affairs under the jurisdiction of his organ and ask for its issuance.
3. Unless authorized by law, no penal clause nor any provision which imposes obligations or restricts rights of individuals may be included in the ordinance referred to in the preceding two paragraphs.

Article 13. The head of each independent organization may, as provided for by separate law, issue on his own accord rules and special orders other than cabinet orders or the ordinances as prescribed in paragraph 1 of the preceding Article.
2. The provision of paragraph 3 of the preceding Article shall apply correspondingly to the ordinances referred to in the preceding paragraph.

Article 14. In case it is necessary to make any public announcement in respect to the affairs under the jurisdiction of his organ, each Minister or the head of each independent organization may issue a notification.
2. For the purpose of giving orders or conveying directions in respect to the affairs under jurisdiction of his organ, each Minister or the head of each independent organization may issue instructions or circular notices to the organizations and personnel under his jurisdiction consistent with the provisions of the National Public Service Law (Law No. 120 of 1947) and rules issued thereunder.

Article 15. With respect to affairs under his charge, each Minister may direct and supervise the heads of local public entities in respect to national administrative affairs which they execute as provided for in Article 150 of the Local Autonomy Law. If the control or execution of national affairs that falls within the sphere of competence of the governor of the metropolis, district or urban or rural prefecture in his capacity as a national official is deemed to be contrary to the provisions of law or order or to the action of each competent Minister, or if he is negligent in the control or execution of such national affairs, each competent Minister may, as provided for in Article 146 of the Local Autonomy Law, order matters which such governor is to be compelled to carry out, ask for a trial by a law court, or proceed, after court determination, to execute the matters involved on behalf of the said governor, or the Prime Minister may remove him from office as provided for in the same Article.
2. In case the removal from office has been effected under the provision of the preceding paragraph the Prime Minister shall take steps to announce the reasons for such action and to make them known to the residents of the said metropolis, district or urban or rural prefecture, as provided for by cabinet order.

Article 16. If an ordinance of an office on ministerial level, or ministerial ordinance, or an order or direction issued by each Minister to the head of a local public entity or his other act on the basis of his authority for directing and supervising the latter as provided for in the preceding Article is deemed to be contrary to the primary object of local autonomy, the said head of a local public entity may make due representation to that effect to the Prime Minister. In such a case, if the representation is deemed to well-founded on reason, the Prime Minister shall make investigation within thirty days, direct the Minister involved or take such other steps as may be considered justified; and in case the Prime Minister finds that the representation is not justified, he shall notify the head of the local public entity concerned with the reasons therefor.
2. The representation referred to in the preceding paragraph shall not thereby affect the validity of an order, direction, or other act of Minister concerned.

(Positions in Administrative Organs)
Article 17. Each Ministry shall have one Vice-Minister, which position shall be in the special government service.
2. The Vice-Minister shall assist the Minister, participate in the formation of policies and program planning, regulate the ministerial affairs, and shall act for the Minister in his absence.

Article 18. The Prime Minister's Office shall have two Confidential Secretaries, and the Attorney General's Office and various Ministries shall each have one Confidential Secretary.
2. Confidential Secretaries shall deal with confidential matters under orders of the respective Minister or temporarily assist in the affairs of any subdivision by his order.

Article 19. The fixed number of positions for each administrative organ shall be provided for by law.

Article 20. Each administrative organ referred to in Article 3 shall, as a rule and in conformity with its internal subdivisions as specified in Article 7, have the following positions as the respective head thereof:

Chiefs of Bureau

Chiefs of Division

Chiefs of Section

2. The scope of specific functions and the authority and responsibility involved in the positions referred to in the preceding paragraph shall be classified in accordance with the provisions of the National Public Service Law.

(Special Provision for Administrative Organ of Government Enterprises)
Article 21. In regard to an administrative organ of government enterprises, the same may be otherwise provided for specifically by law, regardless of the provisions of Article 7 and of the preceding Article.

("Kodan")
Article 22. The public corporation "Kodan" shall be deemed administrative organ of the national government, whose establishment or abolition shall be provided for by separate law.
2. "Kodan" shall be enumerated in the Appendix to this Law.


Supplementary Provisions

Article 23. The present law shall come into force on and after January 1, 1949. However, the provision of Article 27 shall come into force as from the day of its promulgation.

Article 24. In addition to administrative organs referred to in Paragraph 2 of Article 3, in case there is special necessity, a Board with the Prime Minister as its head may be set up provisionally as provided for by separate law.
2. Unless otherwise prescribed by law, the provisions in this law concerning an Office on ministerial level and a Ministry shall apply correspondingly to a Board.

Article 25. Of the provisions of Article 19, those on positions shall become applicable from such a date as the position classification plan is determined and becomes effective under the National Public Service Law, and until that date the types of personnel for administrative organs and the specific matters for which they are responsible shall, unless otherwise provided for by law or cabinet order, be in accordance with the Common Rules concerning Personnel heretofore in force, and those on their fixed number shall come into force as from January 1, 1949.
2. Until the date as specified in the preceding paragraph, Vice-Ministers shall be first class officials, and Confidential Secretaries shall be second class officials, while Directors of an Agency, unless otherwise prescribed, shall be first class officials.

Article 26. Necessary details for implementing this law shall be provided for by cabinet order unless otherwise prescribed.

Article 27. The Appendix to this law provided for in paragraph 4 of Article 3 and in paragraph 2 of Article 22 shall be consolidated and attached only after the laws as required under the provisions of Article 3 and Article 22 are enacted, but not later than January 1, 1949.


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