Basic Act on Disaster Management

The extraordinary disaster management headquarters is headed by a chairperson, and the Prime Minister (or a Minister of State to be designated in advance in case the Prime Minister is incapacitated) serves as chairperson.

The chairperson of the extraordinary disaster management headquarters directs the affairs of the headquarters and supervises its officials.

An assistant chairperson, headquarters members, and other officials are assigned to the extraordinary disaster management headquarters.

The assistant chairperson of the extraordinary disaster management headquarters is appointed from among the Chief Cabinet Secretary, the Minister for Disaster Management, and other Ministers of State.

The assistant chairperson of the extraordinary disaster management headquarters supports the chairperson of the headquarters, and in case the chairperson of the relevant headquarters is incapacitated, the relevant assistant chairperson performs duties on behalf of the chairperson. If there are two or more assistant chairpersons of the extraordinary disaster management headquarters, they perform their duties according to the order decided by the chairperson of the relevant headquarters in advance.

The members of the extraordinary disaster management headquarters are appointed from among the following:

officers from among Ministers of State other than the chairperson and the assistant chairperson of the extraordinary disaster management headquarters as appointed by the Prime Minister;

officers from among Vice-ministers, the Deputy Chief Cabinet Secretary for Crisis Management, the Administrative Vice-Minister of the Disaster Management Agency or the heads of designated administrative organs other than the Ministers of State as appointed by the Prime Minister.

Officials of the extraordinary disaster management headquarters other than the assistant chairperson of the extraordinary disaster management headquarters and headquarters members are appointed by the Prime Minister from among officials of the Cabinet Secretariat, the Disaster Management Agency or other designated administrative organs, or heads or officials of designated local administrative organs.

An On-site extraordinary disaster management headquarters may be established within the extraordinary disaster management headquarters as an organization to carry out part of the affairs of the extraordinary disaster management headquarters as designated by the chairperson of the extraordinary disaster management headquarters within the area of jurisdiction of the extraordinary disaster management headquarters.

The provisions of the second sentence of paragraph (6) of Article 23-4, and paragraph (7), and paragraph (8) of the same Article apply mutatis mutandis to the on-site extraordinary disaster management headquarters.

A headquarters chairperson, headquarters members, and other officials are assigned to the on-site extraordinary disaster management headquarters.

The chairperson of the on-site extraordinary disaster management headquarters administers the affairs of the on-site extraordinary disaster management headquarters under the orders of the chairperson of the extraordinary disaster management headquarters.

The chairperson, members, and other officials of the on-site extraordinary disaster management headquarters are appointed by the chairperson of the extraordinary disaster management headquarters from among the assistant chairpersons, members, and other officials of the extraordinary disaster management headquarters.

The extraordinary disaster management headquarters take charge of the following affairs:

matters concerning formulating a policy to implement emergency disaster control measures accurately and promptly;

matters concerning the overall coordination of emergency disaster control measures being taken under an appropriate disaster management plan within the area of its jurisdiction by the head of a designated administrative organ, the head of a designated local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations;

matters concerning the implementation of emergency measures in time of an extraordinary disaster;

matters concerning affairs which are assigned pursuant to the provisions of Article 28 to the authority of the chairperson of the extraordinary disaster management headquarters;

beyond what is provided for in each of the preceding items, any affairs that may be assigned to the authority of the headquarters by laws and regulations.

When an extraordinary disaster management headquarters is established, the head of a designated administrative organ may delegate the necessary authority for emergency disaster control measures in whole or in part to the following officials of the relevant headquarters: officials of the designated administrative organ, or the head of the relevant designated local administrative organ, or its officials.

When the head of a designated administrative organ has delegated authority under the preceding paragraph, that head must immediately make a public notice to that effect.

The chairperson of the extraordinary disaster management headquarters may coordinate the exercise of authority by officials to whom authority was delegated pursuant to the provisions of the preceding Article, within the area of jurisdiction of the extraordinary disaster management headquarters.

When the chairperson of the extraordinary disaster management headquarters finds it particularly necessary for the accurate and prompt implementation of emergency disaster control measures within the area of jurisdiction of the headquarters, that chairperson may give necessary instructions to the head of a relevant designated administrative organ, the head of a relevant designated local administrative organ, or, when authority has been delegated pursuant to the provisions of the preceding Article, to the officials of a designated administrative organ, the officials of a designated local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations, to the extent necessary.

When the chairperson of the extraordinary disaster management headquarters finds it necessary for the accurate and prompt implementation of emergency disaster control measures within the area of jurisdiction of the headquarters, that chairperson may seek the provision of materials or information, expression of opinions or other necessary cooperation from the head of a relevant administrative organ, the head of a relevant local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations, registered organizations cooperating in support of disaster victims, and any other parties concerned.

The chairperson of the extraordinary disaster management headquarters may delegate all or part of the authority vested in the chairperson under the preceding three paragraphs to the assistant chairperson of the extraordinary disaster management headquarters.

When an on-site extraordinary disaster management headquarters is established, the chairperson of the extraordinary disaster management headquarters may delegate part of the authority vested in the chairperson under paragraphs (1) through (3) (excluding the authority to issue instructions to the head of a relevant designated administrative organ under paragraph (2)) to the chairperson of the on-site extraordinary disaster management headquarters.

When the chairperson of the extraordinary disaster management headquarters has delegated authority under the preceding two paragraphs, that chairperson must immediately make a public notice to that effect.

In cases where an extraordinary disaster of an extremely unusual or devastating nature has occurred or is likely to occur, when the Prime Minister finds a special necessity to pursue emergency disaster control measures concerning that disaster, the Prime Minister may temporarily establish headquarters for emergency disaster control within the Disaster Management Agency as an administrative organ systematically constituting its organization, after deliberation in a cabinet meeting.

The provisions of Article 23-3, paragraph (2) apply mutatis mutandis to the headquarters for emergency disaster control.

In cases where a headquarters for emergency disaster control is established pursuant to the provisions of paragraph (1), when a specified disaster management headquarters or extraordinary disaster management headquarters concerning that disaster is already in existence, the relevant specified disaster management headquarters or extraordinary disaster management headquarters is abolished and the headquarters for emergency disaster control succeed to the function under the jurisdiction of the relevant specified disaster management headquarters or extraordinary disaster management headquarters.

The headquarters for emergency disaster control is headed by a chairperson, and the Prime Minister (or a Minister of State to be designated in advance in case the Prime Minister is incapacitated) serves as chairperson.

The chairperson of the headquarters for emergency disaster control directs the affairs of the headquarters and supervises its officials.

An assistant chairperson, headquarters members, and other officials are assigned to the headquarters for emergency disaster control.

The assistant chairperson of the headquarters for emergency disaster control is appointed from among the Chief Cabinet Secretary, the Minister for Disaster Management, and other Ministers of State.

The assistant chairperson of the headquarters for emergency disaster control supports the chairperson of the relevant headquarters, and in case the chairperson of the relevant headquarters is incapacitated, that assistant chairperson performs duties on behalf of that chairperson. If there are two or more assistant chairpersons of the headquarters for emergency disaster control, they perform their duties according to the order decided by the chairperson of the relevant headquarters in advance.

The members of the headquarters for emergency disaster control are appointed from among the following:

all Ministers of State except for the chairperson and the assistant chairperson of the headquarters for emergency disaster control;

Deputy Chief Cabinet Secretary for Crisis Management;

the Administrative Vice-Minister of the Disaster Management Agency;

officers from among Vice-ministers or the heads of designated administrative organs other than the Ministers of State as appointed by the Prime Minister.

The officials of the headquarters for emergency disaster control other than the assistant chairperson and the headquarters members are appointed by the Prime Minister from among officials of the Cabinet Secretariat, the Disaster Management Agency, or other designated administrative organs, or heads or officials of designated local administrative organs.

After deliberation in a cabinet meeting, on-site headquarters for emergency disaster control may be established within the headquarters for emergency disaster control to function as an organization to carry out part of the affairs of the headquarters for emergency disaster control as designated by the chairperson of the headquarters for emergency disaster control within the area of jurisdiction of the headquarters for emergency disaster control.

The provisions of the second sentence of paragraph (6) of Article 23-4, and paragraph (7) and paragraph (8) of the same Article apply mutatis mutandis to the on-site headquarters for emergency disaster control.

A chairperson, headquarters members, and other officials are assigned to the on-site headquarters for emergency disaster control.

The chairperson of the on-site headquarters for emergency disaster control administers the affairs of the on-site headquarters for emergency disaster control under the orders of the chairperson of the headquarters for emergency disaster control.

The chairperson, headquarters members, and other officials of the on-site headquarters for emergency disaster control are appointed by the chairperson of the headquarters for emergency disaster control from among the assistant chairpersons, members, and other officials of the headquarters for emergency disaster control.

The headquarters for emergency disaster control take charge of the following affairs:

matters concerning formulating a policy to implement emergency disaster control measures accurately and promptly;

matters concerning the overall coordination of emergency disaster control measures being taken under an appropriate disaster management plan within the area of its jurisdiction by the head of a designated administrative organ, the head of a designated local administrative organ, the head or any other executive agency of a local government, and designated public corporations and designated local public corporations;

matters concerning the implementation of necessary emergency measures in time of an extraordinary disaster;

matters concerning affairs which are assigned pursuant to the provisions of Article 28-6 to the authority of the chairperson of the headquarters for emergency disaster control;

beyond what is provided for in each of the preceding items, any affairs that are assigned to the authority of the headquarters by laws and regulations.

When the headquarters for emergency disaster control is established, the head of a designated administrative organ may delegate authority necessary for emergency disaster control measures in whole or in part to the officials of the designated administrative organ who are officials of the headquarters for emergency disaster control, or the head of the designated local administrative organ or its officials.

When the head of a designated administrative organ has delegated authority under the preceding paragraph, that head must immediately make a public notice to that effect.