Basic Act on Disaster Management

The chairperson of the headquarters for emergency disaster control 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 headquarters for emergency disaster control.

When the chairperson of the headquarters for emergency disaster control 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 headquarters for emergency disaster control 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 headquarters for emergency disaster control may delegate all or part of the authority vested in the chairperson under the preceding three paragraphs to the assistant chairperson of the headquarters for emergency disaster control.

When an on-site headquarters for emergency disaster control is established, the chairperson of the headquarters for emergency disaster control may delegate part of the authority vested in the chairperson under provisions of 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 headquarters for emergency disaster control.

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

In the case where a specified disaster (limited to one for which a specified disaster management headquarters has been established pursuant to the provisions of Article 23-3, paragraph (1)) has occurred, when the Prime Minister finds a special necessity to pursue recovery and reconstruction concerning that specified disaster, the Prime Minister may temporarily establish a specified disaster recovery and reconstruction headquarters 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 specified disaster recovery and reconstruction headquarters.

The head of the specified disaster recovery and reconstruction headquarters is the chairperson of the specified disaster recovery and reconstruction headquarters, who is appointed from among the Minister for Disaster Management and other Ministers of State.

The chairperson of the specified disaster recovery and reconstruction headquarters directs the affairs of the headquarters and supervises its officials.

An assistant chairperson, headquarters members, and other officials are assigned to the specified disaster recovery and reconstruction headquarters.

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

The assistant chairperson, headquarters members, and other officials of the specified disaster recovery and reconstruction headquarters 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, an on-site specified disaster recovery and reconstruction headquarters may be established within the specified disaster recovery and reconstruction headquarters as an organization to carry out part of the affairs of the specified disaster recovery and reconstruction headquarters as designated by the chairperson of the specified disaster recovery and reconstruction headquarters within the area of jurisdiction of the specified disaster recovery and reconstruction headquarters.

The provisions of the second sentence of Article 23-4, paragraph (6), and paragraphs (7) and (8) of that Article apply mutatis mutandis to the on-site specified disaster recovery and reconstruction headquarters.

A headquarters chairperson, headquarters members, and other officials are assigned to the on-site specified disaster recovery and reconstruction headquarters.

The chairperson of the on-site specified disaster recovery and reconstruction headquarters administers the affairs of the on-site specified disaster recovery and reconstruction headquarters under the orders of the chairperson of the specified disaster recovery and reconstruction headquarters.

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

The specified disaster recovery and reconstruction headquarters takes charge of the following affairs:

matters concerning formulating a policy to implement recovery and reconstruction concerning a specified disaster accurately and promptly;

matters concerning the overall coordination of recovery and reconstruction concerning a specified disaster being carried out under a disaster management plan within the area of jurisdiction of the headquarters 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 promoting the implementation of measures based on the policy referred to in item (i);

matters concerning affairs which are assigned pursuant to the provisions of the following Article to the authority of the chairperson of the specified disaster recovery and reconstruction 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 the chairperson of the specified disaster recovery and reconstruction headquarters finds it necessary for the accurate and prompt implementation of recovery and reconstruction concerning a specified disaster 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, designated public corporations and designated local public corporations, registered organizations cooperating in support of disaster victims, and any other parties concerned.

When an on-site specified disaster recovery and reconstruction headquarters has been established, the chairperson of the specified disaster recovery and reconstruction headquarters may delegate part of the authority under the preceding paragraph to the chairperson of the on-site specified disaster recovery and reconstruction headquarters.

When the chairperson of the specified disaster recovery and reconstruction headquarters has delegated authority pursuant to the provisions of the preceding paragraph, that chairperson must immediately make a public notice to that effect.

In the case where an extraordinary disaster (limited to one for which extraordinary disaster management headquarters have been established pursuant to the provisions of Article 24, paragraph (1)) has occurred, when the Prime Minister finds a special necessity to pursue recovery and reconstruction concerning that extraordinary disaster, the Prime Minister may temporarily establish an extraordinary disaster recovery and reconstruction headquarters 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 extraordinary disaster recovery and reconstruction headquarters.

The head of the extraordinary disaster recovery and reconstruction headquarters is the chairperson of the extraordinary disaster recovery and reconstruction headquarters, 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 recovery and reconstruction headquarters directs the affairs of the headquarters and supervises its officials.

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

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

The members of the extraordinary disaster recovery and reconstruction 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 recovery and reconstruction headquarters as appointed by the Prime Minister;

officers from among Vice-ministers, Parliamentary Vice-Ministers, 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 recovery and reconstruction headquarters other than the assistant chairperson of the extraordinary disaster recovery and reconstruction 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.

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

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

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

The chairperson of the on-site extraordinary disaster recovery and reconstruction headquarters administers the affairs of the on-site extraordinary disaster recovery and reconstruction headquarters under the orders of the chairperson of the extraordinary disaster recovery and reconstruction headquarters.

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