Section 3 Preparation of Lists of Residents in Need of Assistance in Evacuation and Individual Evacuation Plans
第三節 避難行動要支援者名簿及び個別避難計画の作成等
Article 49-10Preparation of Lists of Residents in Need of Assistance in Evacuation
第四十九条の十(避難行動要支援者名簿の作成)
The mayor of a municipality must endeavor to grasp the persons who will have difficulty evacuating by themselves and need support in particular to ensure a smooth and prompt evacuation when a disaster has occurred or is likely to occur (hereinafter referred to as "residents in need of assistance in evacuation") out of persons requiring special care who reside in the municipality, and must prepare lists of people (hereinafter referred to as "lists of residents in need of assistance in evacuation" in this Article and the following Article, paragraph (1)) which are the basis for implementing necessary measures (hereinafter referred to as "evacuation support, etc.") to support the evacuation of or confirm the safety of residents in need of assistance in evacuation or to protect from disasters the lives or bodies of residents in need of assistance in evacuation pursuant to the provisions of the area disaster management plan.
The lists of residents in need of assistance in evacuation are to describe or record the following matters related to residents in need of assistance in evacuation:
避難行動要支援者名簿には、避難行動要支援者に関する次に掲げる事項を記載し、又は記録するものとする。
full name;
氏名
date of birth;
生年月日
sex;
性別
domicile or residence;
住所又は居所
telephone number or other contact address;
電話番号その他の連絡先
reasons for requiring evacuation support, etc.;
避難支援等を必要とする事由
beyond what is provided for in each of the preceding items, other matters which the mayor of a municipality finds necessary for implementation of Evacuation Support, etc.
The mayor of a municipality may use, within the office, the names of persons requiring special care and any other information on persons requiring special care which the mayor holds to the extent necessary to prepare the lists of residents in need of assistance in evacuation under paragraph (1) for purposes other than those that have been identified in holding the information.
市町村長は、第一項の規定による避難行動要支援者名簿の作成に必要な限度で、その保有する要配慮者の氏名その他の要配慮者に関する情報を、その保有に当たつて特定された利用の目的以外の目的のために内部で利用することができる。
When the mayor of a municipality finds it necessary for preparing the lists of residents in need of assistance in evacuation under paragraph (1), the mayor may request the governors of relevant prefectures and other persons to provide information on persons requiring special care.
市町村長は、第一項の規定による避難行動要支援者名簿の作成のため必要があると認めるときは、関係都道府県知事その他の者に対して、要配慮者に関する情報の提供を求めることができる。
Article 49-11Use and Provision of Information on the Name Lists
第四十九条の十一(名簿情報の利用及び提供)
The mayor of a municipality may use, within the office, the information (hereinafter referred to as "information on the name lists") described or recorded in the lists of residents in need of assistance in evacuation prepared pursuant to the provisions of the preceding Article, paragraph (1) to the extent necessary for implementation of evacuation support, etc. for purposes other than those that have been identified in holding the information.
市町村長は、避難支援等の実施に必要な限度で、前条第一項の規定により作成した避難行動要支援者名簿に記載し、又は記録された情報(以下「名簿情報」という。)を、その保有に当たつて特定された利用の目的以外の目的のために内部で利用することができる。
The mayor of a municipality is to provide information on the name lists to fire-fighting organs, prefectural police, welfare commissioners prescribed in the Welfare Commissioners Act (Act No. 198 of 1948), municipal social welfare councils prescribed in Article 109, paragraph (1) of the Social Welfare Act (Act No. 45 of 1951), voluntary disaster management organizations and any other persons engaged in implementation of evacuation support, etc. (referred to as "evacuation supporters, etc." in the following paragraph, Article 49-14, paragraph (3), item (i) and Article 49-15) in order to prepare for the occurrence of a disaster, to the extent necessary for implementation of evacuation support, etc. and pursuant to the provisions of the area disaster management plan; provided, however, that except as otherwise provided by the ordinance of the municipality, if the mayor is unable to obtain the approval of the person (which means a particular person identified by the information on the name lists; the same applies to the following paragraph) regarding the provision of Information on the name lists, this does not apply.
市町村長は、災害の発生に備え、避難支援等の実施に必要な限度で、地域防災計画の定めるところにより、消防機関、都道府県警察、民生委員法(昭和二十三年法律第百九十八号)に定める民生委員、社会福祉法(昭和二十六年法律第四十五号)第百九条第一項に規定する市町村社会福祉協議会、自主防災組織その他の避難支援等の実施に携わる関係者(次項、第四十九条の十四第三項第一号及び第四十九条の十五において「避難支援等関係者」という。)に対し、名簿情報を提供するものとする。ただし、当該市町村の条例に特別の定めがある場合を除き、名簿情報を提供することについて本人(当該名簿情報によつて識別される特定の個人をいう。次項において同じ。)の同意が得られない場合は、この限りでない。
In cases where a disaster has occurred or is likely to occur, when the mayor of a municipality finds it particularly necessary for protecting the lives or bodies of residents in need of assistance in evacuation from disasters, the mayor may provide evacuation supporters, etc. and any other persons with information on the name lists to the extent necessary for implementation of Evacuation Support, etc. In this case, it is not required to obtain the approval of the person regarding the provision of information on the name lists.
Article 49-12Consideration When Information on the Name Lists Is Provided
第四十九条の十二(名簿情報を提供する場合における配慮)
When the mayor of a municipality provides Information on the name lists pursuant to the provisions of the preceding Article, paragraph (2) or paragraph (3), pursuant to the provisions of the area disaster management plan, the mayor must endeavor to request the persons who receive information on the name lists to take necessary measures to prevent information on the name lists from being disclosed and take other necessary measures to protect the rights and interests of residents in need of assistance in evacuation related to the information on the name lists and third parties.
Article 49-13Duty of Confidentiality
第四十九条の十三(秘密保持義務)
Those who have received information on the name lists pursuant to the provisions of Article 49-11, paragraph (2) or paragraph (3) (if those are corporations, their officers), their officials, or any other persons who are engaged in evacuation support, etc. by using the information on the name lists, or a person who used to be any of the above must not divulge to a third party any secret which they came to know about the residents in need of assistance in evacuation related to information on the name lists without just cause.
第四十九条の十一第二項若しくは第三項の規定により名簿情報の提供を受けた者(その者が法人である場合にあつては、その役員)若しくはその職員その他の当該名簿情報を利用して避難支援等の実施に携わる者又はこれらの者であつた者は、正当な理由がなく、当該名簿情報に係る避難行動要支援者に関して知り得た秘密を漏らしてはならない。
Article 49-14Formulation of Individual Evacuation Plans
第四十九条の十四(個別避難計画の作成)
The mayor of a municipality must endeavor to formulate a plan for the implementation of evacuation support, etc. with regard to each resident in need of assistance in evacuation related to the information on the name lists (hereinafter referred to as an "individual evacuation plan") pursuant to the provisions of the area disaster management plan: provided, however, that this does not apply if the mayor is unable to obtain the approval of the relevant resident in need of assistance in evacuation regarding the formulation of an Individual Evacuation Plan.
When the mayor of a municipality intends to obtain the approval prescribed in the proviso to the preceding paragraph, the mayor must explain the matters concerning the provision of information on the individual evacuation plans prescribed in paragraph (1) of the following Article under paragraph (2) or paragraph (3) of the same Article to the resident in need of assistance in evacuation whose approval is sought.
Beyond the matters set forth in Article 49-10, paragraph (2), items (i) through (vi), the following matters concerning the resident in need of assistance in evacuation are to be described or recorded in the individual evacuation plan:
個別避難計画には、第四十九条の十第二項第一号から第六号までに掲げる事項のほか、避難行動要支援者に関する次に掲げる事項を記載し、又は記録するものとする。
the full name or name, domicile or residence, and telephone number or other contact address of the evacuation support implementer (referring to an evacuation supporter who implements evacuation support, etc. for the resident in need of assistance in evacuation related to the individual evacuation plan; the same applies in paragraph (2) of the following Article);
matters concerning evacuation facilities and other evacuation sites and evacuation roads and other evacuation routes;
避難施設その他の避難場所及び避難路その他の避難経路に関する事項
beyond what is provided for in each of the preceding two items, other matters which the mayor of a municipality finds necessary for the implementation of evacuation support, etc.
Within the office, the mayor of a municipality may use the names of the residents in need of assistance in evacuation and any other information on the residents in need of assistance in evacuation which the mayor holds, to the extent necessary to formulate the individual evacuation plans under paragraph (1) for purposes other than those that have been identified in holding the information.
When the mayor of a municipality finds it necessary for formulating the individual evacuation plans under paragraph (1), the mayor may request the governors of relevant prefectures and other persons to provide information on the residents in need of assistance in evacuation.
Article 49-15Use and Provision of Information on the Individual Evacuation Plans
第四十九条の十五(個別避難計画情報の利用及び提供)
Within the office, the mayor of a municipality may use the information (hereinafter referred to as "information on the individual evacuation plans") described or recorded in the individual evacuation plans formulated pursuant to the provisions of paragraph (1) of the preceding Article, to the extent necessary for implementation of evacuation support, etc. for purposes other than those identified in holding the information.
The mayor of a municipality is to provide information on the individual evacuation plans to evacuation supporters, etc. in order to prepare for the occurrence of a disaster, to the extent necessary for implementation of evacuation support, etc. and pursuant to the provisions of the area disaster management plan; provided, however, that except as otherwise provided by the ordinance of the municipality, this does not apply if the mayor is unable to obtain the approval of the residents in need of assistance in evacuation and the evacuation support implementers related to the information on the individual evacuation plans (referred to as the "residents in need of assistance in evacuation, etc." in the following paragraph, the following Article, and Article 49-17).
In cases where a disaster has occurred or is likely to occur, when the mayor of a municipality finds it particularly necessary for protecting the lives or bodies of residents in need of assistance in evacuation from disaster, the mayor may provide evacuation supporters and any other persons with information on the individual evacuation plans to the extent necessary for implementation of evacuation support, etc. In this case, it is not required to obtain the approval of the residents in need of assistance in evacuation, etc. related to information on the individual evacuation plans regarding the provision of information on the individual evacuation plans.
Beyond what is provided for in the preceding two paragraphs, the mayor of a municipality is to provide necessary information to and take other necessary consideration regarding evacuation supporters in order to ensure the smooth and prompt implementation of evacuation support, etc. for residents in need of assistance in evacuation other than the residents in need of assistance in evacuation related to information on the individual evacuation plans.
Article 49-16Consideration When Information on the Individual Evacuation Plans Is Provided
第四十九条の十六(個別避難計画情報を提供する場合における配慮)
When the mayor of a municipality provides information on the individual evacuation plans pursuant to the provisions of paragraph (2) or paragraph (3) of the preceding Article, pursuant to the provisions of the area disaster management plan, the mayor must endeavor to request the persons who receive information on the individual evacuation plans to take necessary measures to prevent information on the individual evacuation plans from being disclosed and take other necessary measures to protect the rights and interests of residents in need of assistance in evacuation, etc. related to the information on the individual evacuation plans and the rights and interests of third parties.
Article 49-17Duty of Confidentiality
第四十九条の十七(秘密保持義務)
Those who have received information on the individual evacuation plans pursuant to the provisions of Article 49-15, paragraph (2) or paragraph (3) (if those persons are corporations, their officers), their officials, or any other persons who are engaged in Evacuation Support, etc. by using the information on the individual evacuation plans, or a person who used to be any of the above, must not divulge to a third party any secret which they came to know about the residents in need of assistance in evacuation, etc. related to information on the individual evacuation plans without just cause.
第四十九条の十五第二項若しくは第三項の規定により個別避難計画情報の提供を受けた者(その者が法人である場合にあつては、その役員)若しくはその職員その他の当該個別避難計画情報を利用して避難支援等の実施に携わる者又はこれらの者であつた者は、正当な理由がなく、当該個別避難計画情報に係る避難行動要支援者等に関して知り得た秘密を漏らしてはならない。
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
area disaster management plancorrected by this site
「地域防災計画」
A disaster management plan for a particular area: the plan for a prefecture made by its prefectural disaster management council, the plan for a municipality made by its municipal disaster management council or mayor, and the plans for areas spanning two or more prefectures or municipalities made by joint committees of their councils.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
voluntary disaster management organizationmachine translation
「自主防災組織」
A disaster management organization that residents form of their own accord, in a spirit of neighbourly mutual cooperation.
Defined inArticle 2-2, paragraph (1), item (ii)
persons requiring special care
「要配慮者」
Older people, people with disabilities, infants and others who need special care.
Short name set inArticle 8, paragraph (2), item (xvii)
evacuation support, etc.
「避難支援等」
Support with evacuation, checking whether people are safe and other measures needed to protect the lives and bodies of residents in need of assistance in evacuation from a disaster.
Short name set inArticle 49-10, paragraph (1)
residents in need of assistance in evacuation
「避難行動要支援者」
Persons requiring special care living in a municipality who would find it hard to evacuate on their own when a disaster strikes or threatens and who especially need support for a smooth and quick evacuation.
Short name set inArticle 49-10, paragraph (1)
lists of residents in need of assistance in evacuation
「避難行動要支援者名簿」
In Article 49-10 and Article 49-11, paragraph (1), the list of residents in need of assistance in evacuation that the mayor of a municipality must draw up as the basis for giving them evacuation support.
Short name set inArticle 49-10, paragraph (1)· applies only in this article and in Article 49-11, paragraph (1)
information on the name lists
「名簿情報」
The information written or recorded in the list of residents in need of assistance in evacuation that the mayor of a municipality has drawn up.
Short name set inArticle 49-11, paragraph (1)
the person themselvesmachine translation
「本人」
In Article 49-11, paragraphs (2) and (3), the particular individual whom the information on the name lists identifies: the resident in need of assistance in evacuation whose details are on the list.
Defined inArticle 49-11, paragraph (2)· applies only in this provision and in Article 49-11, paragraph (3)
evacuation supporters, etc.
「避難支援等関係者」
In Article 49-11, paragraph (3) and Articles 49-14 and 49-15, the people involved in giving evacuation support, such as fire services, the prefectural police, commissioned welfare volunteers (民生委員), the municipal social welfare council and voluntary disaster management organizations.
Short name set inArticle 49-11, paragraph (2)· applies only in this provision and in Article 49-11, paragraph (3); Article 49-14, paragraph (3), item (i); and Article 49-15
individual evacuation plan
「個別避難計画」
A plan the mayor of a municipality is to try to draw up for each resident in need of assistance in evacuation whose details are on the name list, setting out how evacuation support will be given to that person; none is made where the person does not consent.
Short name set inArticle 49-14, paragraph (1)
evacuation support implementermachine translation
「避難支援等実施者」
In Article 49-14, paragraph (3), item (i) and Article 49-15, paragraph (2), the evacuation supporter who is to give evacuation support to the person an individual evacuation plan covers.
Defined inArticle 49-14, paragraph (3), item (i)· applies only in this provision and in Article 49-15, paragraph (2)
information on the individual evacuation plans
「個別避難計画情報」
The information written or recorded in an individual evacuation plan that the mayor of a municipality has drawn up.
Short name set inArticle 49-15, paragraph (1)
residents in need of assistance in evacuation, etc.
「避難行動要支援者等」
In Article 49-15, paragraph (3) and Articles 49-16 and 49-17, the resident in need of assistance in evacuation whom an individual evacuation plan's information concerns, together with the evacuation support implementer named in it.
Short name set inArticle 49-15, paragraph (2)· applies only in this provision and in Article 49-15, paragraph (3); and Articles 49-16 and 49-17
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.