Act Concerning Measures for the Protection of the People in Armed Attack Situations, etc.
Chapter I General Provisions
Section 1 General Rules
(Purpose)
Article 1  The purpose of this Act, together with the Act on the Peace and Independence of Japan and Maintenance of the Nation and the People's Security in Armed Attack Situations, etc., and Survival-Threatening Situations (Act No. 79 of 2003, referred to below as the "Armed Attack Situation Response Act"), is to establish a system to ensure the full preparedness of the State as a whole. This is in light of the importance of protecting the lives, physical safety, and property of the people from armed attacks in armed attack situations, etc., and of minimizing the impact of such attacks on the lives of the people and on the national economy. To this end, the Act prescribes the responsibilities of the State, local governments, etc., the cooperation of the people, measures for the evacuation of residents, measures for the relief of evacuated residents, etc., measures relating to responses to armed attack disasters, and other necessary matters, thereby ensuring that measures for the protection of the people in armed attack situations, etc. are implemented appropriately and promptly.
(Definitions)
Article 2  (1) The terms "armed attack situations, etc.", "armed attack", "armed attack situation", "designated administrative organs", "designated local administrative organs", "designated public institutions", "the Basic Response Plan", "government headquarters", and "the chairperson of the government headquarters" in this Act have the meanings given in Article 1, Article 2, items (i) through (vi) (excluding items (iii) and (iv)), Article 9, paragraph (1), Article 10, paragraph (1), and Article 11, paragraph (1) of the Armed Attack Situation Response Act.
(2) In this Act, "designated local public institutions" means corporations engaged in public utility services such as electricity, gas, transportation, telecommunications, and medical care; public corporations for local roads (meaning the public corporations for local roads referred to in Article 1 of the Local Road Public Corporation Act (Act No. 82 of 1970)); other corporations that manage public facilities; and local incorporated administrative agencies (meaning the local incorporated administrative agencies referred to in Article 2, paragraph (1) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003)), which are designated by the governor of the relevant prefecture, after hearing the opinions of the relevant corporations.
(3) In this Act, "measures for the protection of the people" means the following measures implemented by a designated administrative organ, local government, designated public institution, or designated local public institution based on the provisions of laws, during the period from the formulation to the repeal of the Basic Response Plan, as well as other measures taken to protect the lives, physical safety, and property of the people from armed attacks, or to minimize the impact when armed attacks affect the lives of the people and the national economy (including the measures stated in item (vi), when implemented by the above institutions based on the provisions of laws after the repeal of the Basic Response Plan):
(i) measures relating to the issuance of warnings, evacuation instructions, relief for evacuated residents, etc., and firefighting, etc.;
(ii) measures relating to the emergency restoration of facilities and equipment;
(iii) measures to ensure public health and sanitation and to maintain social order;
(iv) measures relating to transportation and communications;
(v) measures relating to the stability of the lives of the people; and
(vi) measures relating to recovery from damage.
(4) "Armed attack disaster" in this Act means human death or injury, fires, explosions, the release of radioactive substances, and other human or material disasters arising directly or indirectly from armed attacks.
(Responsibilities of the State and Local Governments)
Article 3  (1) To ensure the safety of the people, the State has the responsibility to formulate in advance a basic policy for implementing measures for the protection of the people in preparation for armed attack situations, etc., and to establish a system for fully preparing the entire State by implementing measures for the protection of the people through all its organs and functions, or by assisting by local governments and designated public institutions in appropriately and promptly implementing such measures, and by taking appropriate measures at the national expense for the protection of the people.
(2) In armed attack situations, etc., local governments have the responsibility to appropriately and promptly implement measures for the protection of the people and comprehensively promote the implementation of such measures by relevant organizations in their areas based on the basic policy for the implementation of measures for the protection of the people established in advance by the State.
(3) In armed attack situations, etc., designated public institutions and designated local public institutions are responsible for implementing measures for the protection of the people with respect to their operations, pursuant to the provisions of this Act.
(4) When implementing measures for the protection of the people, the State, local governments, designated public institutions, and designated local public institutions must coordinate and cooperate with each other and take all possible measures to ensure the appropriate and prompt implementation of such measures.
(Cooperation of the People)
Article 4  (1) The people are to endeavor to cooperate as necessary, when requested to do so in the implementation of measures for the protection of the people pursuant to the provisions of this Act.
(2) The cooperation referred to in the preceding paragraph must be based on the voluntary will of the people, and no request for such cooperation must involve any form of coercion.
(3) The State and local governments must endeavor to provide necessary assistance for voluntary activities that support measures for the protection of the people implemented by voluntary disaster management organizations (meaning the voluntary disaster management organizations referred to in Article 2-2, item (ii) of the Basic Act for Disaster Countermeasures (Act No. 223 of 1961); the same applies below) and volunteers.
(Respect for Fundamental Human Rights)
Article 5  (1) When implementing measures for the protection of the people, the freedoms and rights guaranteed to the people by the Constitution of Japan must be respected.
(2) In implementing the measures for the protection of the people prescribed in the preceding paragraph, even if the freedoms and rights of the people are restricted, such restrictions must be the minimum necessary, and must be implemented under fair and proper procedures. The restrictions must not be discriminatory, nor may they infringe upon freedom of thought, conscience, or expression.
(Prompt Remedy for the Rights and Interests of the People)
Article 6  The State and local governments must endeavor to handle, as soon as possible, procedures concerning remedies for losses resulting from the implementation of measures for the protection of the people, complaints or lawsuits relating to such measures, or other remedies regarding the rights and interests of the people.
(Respect for the Autonomy of the Japanese Red Cross Society)
Article 7  (1) Regarding measures for the protection of the people implemented by the Japanese Red Cross Society, the State and local governments must respect the autonomy of the Japanese Red Cross Society in light of its special characteristics.
(2) Regarding measures for the protection of the people implemented by designated public institutions or designated local public institutions that are broadcasters (meaning the broadcasters referred to in Article 2, item (xxvi) of the Broadcasting Act (Act No. 132 of 1950), the same applies below), the State and local governments must give special consideration to their freedom of speech and expression.
(Provision of Information to the People)
Article 8  (1) In armed attack situations, etc., the State and local governments must provide accurate information to the people regarding such measures in a timely and appropriate manner.
(2) The State and local governments, designated public institutions, and designated local public institutions must endeavor to provide information promptly to the people regarding measures for the protection of the people through appropriate means, including newspapers, broadcasts, and the Internet.
(Matters to Be Considered)
Article 9  (1) When implementing measures for the protection of the people, consideration must be given to the protection of the elderly, persons with disabilities, and other persons requiring special consideration.
(2) When implementing measures for the protection of the people, proper implementation of international humanitarian laws, applicable in international armed conflicts, must be ensured.
Section 2 Implementation of Measures for the Protection of the People
(Measures for the Protection of the People to Be Implemented by the State)
Article 10  (1) The State must implement the following measures for the protection of the people based on the Basic Response Plan and the Basic Guidelines for the Protection of the People prescribed in Article 32, paragraph (1):
(i) issuance of warnings; instructions for evacuation measures; and other measures related to the evacuation of residents;
(ii) instructions for relief and support; collection and provision of safety information; and other measures related to the relief for evacuated residents, etc.;
(iii) instructions for measures related to the response to armed attack disasters; measures to ensure the safety of facilities related to daily life; measures to prevent the occurrence of armed attack disasters involving hazardous materials; measures to contain the spread of contamination by radioactive substances, etc.; public announcement of disaster information; and other measures related to the response to armed attack disasters;
(iv) measures to stabilize the prices of essential goods, etc., and other measures to maintain the stability of the public's living conditions; and
(v) measures concerning the restoration from armed attack disasters.
(2) When the Basic Response Plan is formulated, the heads of designated administrative organs (or, in the case of a collegial body, the body itself; the same applies below) and the heads of designated local administrative organs must, based on the provisions of this Act and other applicable laws and regulations, implement measures for the protection of the people selected from among the measures stated in the items of the preceding paragraph, in relation to the affairs that fall under their jurisdiction, as specified in their respective plans for the protection of the people under the provisions of Article 33, paragraph (1).
(Measures for the Protection of the People to be Implemented by the Prefecture)
Article 11  (1) When the Basic Response Plan is formulated, prefectural governors must, based on the provisions of this Act and other applicable laws and regulations, implement the following measures for the protection of the people within their prefectures, as specified in their prefectural plans for the protection of the people under the provisions of Article 34, paragraph (1):
(i) evacuation instructions for residents, measures for guiding evacuated residents, measures relating to the evacuation of residents outside a prefecture, and other measures relating to the evacuation of residents;
(ii) implementation of relief activities, collection and provision of safety information, and other measures relating to relief of evacuated residents, etc.;
(iii) measures to prevent and mitigate armed attack disasters, issue emergency notifications, issue evacuation instructions, establish hazard areas, ensure health and sanitation, collect disaster information, and other measures related to response to armed attack disasters;
(iv) measures to stabilize the prices of essential goods, etc., and other measures to maintain the stability of the public's living conditions; and
(v) measures concerning the restoration from armed attack disasters.
(2) When the Basic Response Plan is formulated, prefectural committees and committee members must, based on the provisions of this Act and other applicable laws and regulations, implement measures for the protection of the people within their jurisdictions in relation to the affairs that fall under their jurisdictions, under the authority of the prefectural governor, as specified in the prefectural plan for the protection of the people referred to in the preceding paragraph.
(3) When the Basic Response Plan is formulated, public bodies within the prefecture are to endeavor to cooperate with the measures for the protection of the people implemented by the governor and other enforcement organs of the prefecture (referred to below as "prefectural governor, etc.").
(4) In the cases referred to in paragraphs (1) and (2), if the prefectural governor, etc., finds it necessary for the accurate and prompt implementation of measures for the protection of the people within their prefecture, the prefectural governor, etc., may make necessary requests to the heads of designated administrative organs or designated local administrative organs regarding the implementation of such measures related to affairs under their jurisdiction.
(Request for Support to Other Prefectural Governors)
Article 12  (1) If the prefectural governor, etc., finds it necessary for the implementation of measures for the protection of the people within the prefecture, they may request support from another prefectural governor, etc. In such cases, the prefectural governor, etc., receiving the request must not refuse to provide support without justifiable reason.
(2) With regard to the implementation of measures for the protection of the people, persons engaged in the support referred to in the preceding paragraph are to act under the direction of the prefectural governor, etc., who requested the support. In such cases, police officers are to exercise their authority under the control of the public safety commission of the prefecture that made the request.
(Special Provision for the Procedure of Delegating Affairs)
Article 13  If a prefecture finds it necessary for the implementation of measures for the protection of the people within its jurisdiction, it may, notwithstanding the provisions of Article 252-14 and Article 252-15 of the Local Autonomy Act (Act No. 67 of 1947) and pursuant to Cabinet Order, entrust a part of its affairs, or affairs under the authority of the prefectural governor, etc., to another prefecture, and have the governor, etc. of that prefecture manage and execute those affairs.
(Substitution by Prefectural Governor)
Article 14  (1) When a municipality is unable to carry out all or most of its duties due to the occurrence of an armed attack disaster, the prefectural governor must implement all or part of the measures for the protection of the people within the municipality on behalf of the mayor.
(2) When the prefectural governor has commenced or completed the performance of duties on behalf of the mayor of a municipality pursuant to the provisions of the preceding paragraph, the governor must issue a public notice stating the commencement or completion of such duties.
(3) Necessary matters related to substitution by a prefectural governor under the provisions of paragraph (1) are to be specified by Cabinet Order.
(Request for the Dispatch of Self-Defense Forces Units)
Article 15  (1) When a prefectural governor finds it necessary for the smooth implementation of measures for the protection of the people within the prefecture (excluding those related to the maintenance of public order; the same applies in the following paragraph and Article 20), the governor may request the Minister of Defense to dispatch the units, etc., referred to in Article 8 of the Self-Defense Forces Act (Act No. 165 of 1954) (referred to below as "Self-Defense Forces units, etc.").
(2) If a request under the preceding paragraph is not made, and the chairperson of the government headquarters finds it urgently necessary for the smooth implementation of measures for the protection of the people within the relevant prefecture, the chairperson may request the Minister of Defense to dispatch Self-Defense Forces units, etc.
(3) When the chairperson of the government headquarters makes the request under the preceding paragraph, the chairperson is to promptly notify the prefectural governor of the request.
(Measures for the Protection of the People to Be Implemented by the Municipality)
Article 16  (1) When the Basic Response Plan is formulated, the mayors of municipalities must, based on the provisions of this Act and other applicable laws and regulations, implement the following measures for the protection of the people within their municipalities, as specified in their municipal plans for the protection of the people under the provisions of Article 35, paragraph (1):
(i) communication of warnings, formulation of evacuation guidelines, coordination with relevant organizations, and other measures for the evacuation of residents;
(ii) implementation of relief activities, collection and provision of safety information, and other measures relating to relief for evacuated residents, etc.;
(iii) issuance of evacuation instructions, establishment of hazard areas, firefighting, waste disposal, collection of disaster information, and other measures concerning the response to armed attack disasters;
(iv) measures for a stable supply of water, and other measures for stabilizing the people's livelihood; and
(v) measures concerning the restoration from armed attack disasters.
(2) When the Basic Response Plan is formulated, municipal committees and committee members must, based on the provisions of this Act and other applicable laws and regulations, implement measures for the protection of the people within their jurisdictions relating to the affairs that fall under their jurisdiction, under the authority of the mayor of the municipality, as specified in the municipal plan for the protection of the people referred to in the preceding paragraph.
(3) When the Basic Response Plan is formulated, public bodies within a municipality are to endeavor to cooperate with the measures for the protection of the people implemented by the mayor of the municipality and other enforcement organs of the municipality (referred to below as "mayor of a municipality, etc.").
(4) In the cases referred to in paragraphs (1) and (2), if the mayor of a municipality, etc., finds it necessary for the accurate and prompt implementation of measures for the protection of the people within their municipality, the mayor may make the necessary requests to the prefectural governor, etc., regarding the implementation of such measures related to affairs under their jurisdiction.
(5) In the cases referred to in paragraphs (1) and (2), if the mayor of a municipality, etc., finds it necessary for the accurate and prompt implementation of measures for the protection of the people within their municipality, the mayor may request the prefectural governor, etc., to make a request under the provisions of Article 11, paragraph (4).
(Request for Support to Other Mayors of Municipalities)
Article 17  (1) If the mayor of a municipality, etc., finds it necessary to implement measures for the protection of the people within the municipality, the mayor may request support from another mayor of a municipality, etc. In this case, the mayor requested to provide support must not refuse to do so without justifiable reason.
(2) With regard to the implementation of measures for the protection of the people, persons engaged in the support referred to in the preceding paragraph are to act under the direction of the mayor of a municipality, etc., who has requested the support.
(Request for Support to Prefectural Governor)
Article 18  (1) If the mayor of a municipality, etc., finds it necessary to implement measures for the protection of the people within the municipality, the mayor may request support from the prefectural governor, etc.
(2) The provisions of the second sentence of Article 12, paragraph (1) apply mutatis mutandis to the case referred to in the preceding paragraph.
(Special Provision for the Procedure of Delegating Affairs)
Article 19  When a municipality finds it necessary to implement measures for the protection of the people within its jurisdiction, the municipality may, notwithstanding the provisions of Article 252-14 and Article 252-15 of the Local Autonomy Act, entrust part of its affairs or those that fall under the authority of the mayor of a municipality, etc., to another local government, and have the head of the local government, etc. (meaning the head of the local government and other enforcement organs; the same applies below) manage and execute the relevant affairs pursuant to Cabinet Order.
(Request for the Dispatch of Self-Defense Forces Units, etc.)
Article 20  (1) If the mayor of a municipality finds it particularly necessary for the smooth implementation of measures for the protection of the people within the municipality, the mayor may request the prefectural governor to make a request under the provisions of Article 15, paragraph (1).
(2) If the mayor of a municipality, etc., cannot make a request under the provisions of the preceding paragraph, the mayor may inform the Minister of Defense accordingly, along with any matters the mayor finds necessary for the smooth implementation of measures for the protection of the people within the municipality. In this case, the Minister of Defense must promptly report the contents of those matters to the chairperson of the government headquarters.
(Measures for the Protection of the People to be Implemented by Designated Public Institutions and Designated Local Public Institutions)
Article 21  (1) When the Basic Response Plan is formulated, designated public institutions and designated local public institutions must, based on the provisions of this Act and other applicable laws and regulations, implement measures for the protection of the people in their respective operations, as specified in the operational plans for the protection of the people—prepared by designated public institutions under the provisions of Article 36, paragraph (1), or by designated local public institutions under the provisions of paragraph (2) of that Article.
(2) If a designated public institution or designated local public institution finds it particularly necessary for the implementation of measures for the protection of the people in its operations, it may request support from the head of a designated administrative organ, the head of a designated local administrative organ, or the head of a local government for the securing of labor, facilities, equipment, or supplies. In such cases, the head of the designated administrative organ, designated local administrative organ, or local government so requested must not refuse to provide such support without justifiable reason.
(3) If the head of a designated administrative organ, the head of a designated local administrative organ, or the head of a local government finds it necessary for the accurate and prompt implementation of measures for the protection of the people—either with respect to the affairs that fall under the jurisdiction of the designated administrative organ or the designated local administrative organ, or involving the area of the local government—they may request designated public institutions or designated local public institutions to take necessary action related to the implementation of such measures in their respective operations.
(Ensuring Safety)
Article 22  The State must give due consideration to ensuring the safety of measures for the protection of the people implemented by designated administrative organs, local governments, and designated public institutions; prefectures must give due consideration to ensuring the safety of measures for the protection of the people implemented by the prefecture, municipalities, designated public institutions, and designated local public institutions within their respective jurisdictions; and municipalities must give due consideration to ensuring the safety of measures for the protection of the people implemented by the municipalities within their respective jurisdictions, in accordance with the content of the measures.
(Public Announcement of Situations Related to Armed Attacks)
Article 23  The chairperson of the government headquarters must, in a timely and appropriate manner, make public the situation of armed attacks and armed attack disasters, the status of implementation of measures concerning the evacuation of residents and relief for evacuated residents, and other measures for the protection of the people.
Section 3 System for the Implementation of Measures for the Protection of the People
(Affairs under the Jurisdiction of the Government Headquarters)
Article 24  (1) The government headquarters is responsible for the following affairs, in addition to those stated in Article 12, item (i) of the Armed Attack Situation Response Act:
(i) affairs relating to the comprehensive promotion of measures for the protection of the people carried out by designated administrative organs, local governments, and designated public institutions; and
(ii) affairs that fall within the authority of the government headquarters pursuant to the provisions of this Act, in addition to those stated in the preceding item.
(2) A local management headquarters for armed attack situations, etc., may be established within the government headquarters as an organization that performs part of the affairs of the government headquarters (limited to affairs relating to measures for the protection of the people), in accordance with the provisions established by the chairperson of the government headquarters. In this case, the provisions of Article 156, paragraph (4) of the Local Autonomy Act do not apply.
(3) When the Prime Minister establishes a local management headquarters for armed attack situations, etc., pursuant to the provisions of the preceding paragraph, the Prime Minister must report it to the Diet.
(4) When the Prime Minister establishes a local management headquarters for armed attack situations, etc., pursuant to the provisions of paragraph (2), the Prime Minister must immediately issue a public notice stating the name, area under administrative oversight, location, and period of establishment of the local management headquarters. When the Prime Minister abolishes the local management headquarters, the Prime Minister must immediately issue a public notice announcing such abolition.
(5) A chairperson, members, and other employees are to be assigned to the local management headquarters for armed attack situations, etc.
(6) The chairperson of a local management headquarters for armed attack situations, etc., is to manage the affairs of the headquarters under the command of the chairperson of the government headquarters.
(7) The chairperson, members, and other personnel of a local management headquarters for armed attack situations, etc., are to be appointed by the chairperson of the government headquarters from among the vice-chairperson of the government headquarters (meaning the vice-chairperson of the government headquarters referred to in Article 11, paragraph (3) of the Armed Attack Situation Response Act), members of the government headquarters (meaning the members of the government headquarters referred to in the same paragraph), and other personnel.
(Designation of Local Governments to Establish Prefectural and Municipal Headquarters)
Article 25  (1) When the Prime Minister seeks a cabinet decision on a draft of the Basic Response Plan or a draft amendment to the Basic Response Plan pursuant to the provisions of Article 9, paragraph (6) of the Armed Attack Situation Response Act (including cases where that paragraph is applied mutatis mutandis pursuant to paragraph (13) of that Article), the Prime Minister must, at the same time, seek a cabinet decision on the designation of the prefectures and municipalities that are to establish the prefectural headquarters for the protection of the people and the municipal headquarters for the protection of the people, respectively, pursuant to the provisions of Article 27, paragraph (1).
(2) When the cabinet decision is made pursuant to the provisions of the preceding paragraph, the Prime Minister must, through the Minister for Internal Affairs and Communications, immediately notify the governors of the prefectures and the mayors of the municipalities designated under that paragraph of the decision, and must publicly announce it.
(3) When the Prime Minister finds it necessary to cancel the designation referred to in paragraph (1), the Prime Minister must seek a cabinet decision on the cancellation of the designation.
(4) The provisions of paragraph (2) apply mutatis mutandis to the cancellation of the designation referred to in the preceding paragraph.
(Request for Designation)
Article 26  (1) A prefectural governor may request the Prime Minister to designate the prefecture under paragraph (1) of the preceding Article.
(2) The mayor of a municipality may request the Prime Minister, through the governor of the prefecture to which the municipality belongs, to designate the municipality pursuant to paragraph (1) of the preceding Article.
(Establishment of Prefectural and Municipal Headquarters and the Affairs under Their Jurisdiction)
Article 27  (1) Prefectural governors and mayors of municipalities that receive a notification of designation under the provisions of Article 25, paragraph (2) must immediately establish, respectively, the prefectural headquarters for the protection of the people (referred to below as "prefectural headquarters"), as specified in the prefectural plan for the protection of the people under the provisions of Article 34, paragraph (1), and the municipal headquarters for the protection of the people (referred to below as "municipal headquarters"), as specified in the municipal plan for the protection of the people under the provisions of Article 35, paragraph (1).
(2) The prefectural headquarters is responsible for affairs concerning the comprehensive promotion of measures for the protection of the people within the relevant prefecture, as implemented by the prefecture, the municipalities within its area, designated public institutions, and designated local public institutions.
(3) The municipal headquarters is responsible for affairs concerning the comprehensive promotion of measures for the protection of the people within the relevant municipality, as implemented by that municipality.
(Organization of the Prefectural and Municipal Headquarters)
Article 28  (1) The chief of the prefectural headquarters is the chairperson of the prefectural headquarters for the protection of the people (referred to below as "the chairperson of the prefectural headquarters") and the chief of the municipal headquarters is the chairperson of the municipal headquarters for the protection of the people (referred to below as "the chairperson of the municipal headquarters"); the prefectural governor and the mayor of the municipality, respectively, serve in these roles.
(2) Members are assigned to the prefectural headquarters, and the persons stated in the following items (excluding those stated in item (iv) in the case of prefectural headquarters established by prefectural governors) serve in this capacity:
(i) deputy governor;
(ii) head of the prefectural board of education;
(iii) The Superintendent General of the Metropolitan Police Department or the chief of the prefectural police headquarters;
(iv) Fire Chief of a special ward; and
(v) in addition to those stated in the preceding items, persons appointed by the prefectural governor from among employees of the relevant prefecture.
(3) The vice-chairperson, designated by the prefectural governor from among the members of the headquarters referred to in the preceding paragraph, is assigned to the prefectural headquarters.
(4) Members are assigned to the municipal headquarters, and the persons stated in the following items serve in this capacity:
(i) deputy mayor;
(ii) head of the municipal board of education;
(iii) the fire chief having jurisdiction over the area of the relevant municipality, or a firefighter appointed by the fire chief (or, in the case of a municipality without a fire department, the head of the fire brigade); and
(iv) in addition to those stated in the preceding three items, persons appointed by the mayor of the municipality from among employees of the relevant municipality.
(5) The vice-chairperson is assigned to the municipal headquarters and is designated by the mayor of the municipality from among the members of the headquarters referred to in the preceding paragraph.
(6) If the chairperson of the prefectural headquarters or the chairperson of the municipal headquarters finds it necessary, they may permit a State official or persons other than prefectural or municipal employees to attend meetings of the prefectural or municipal headquarters.
(7) When there is a request from the chairperson of the prefectural headquarters and the Minister of Defense finds it necessary to conduct communication and coordination in connection with the implementation of measures for the protection of the people, the Minister is to permit an official designated by the Minister to attend meetings of the prefectural headquarters.
(8) A prefectural governor or the mayor of a municipality may, as specified in the prefectural plan for the protection of the people under Article 34, paragraph (1), or the municipal plan for the protection of the people under Article 35, paragraph (1), establish a local management headquarters within the prefectural or municipal headquarters, as an organization that carries out part of the affairs of the respective headquarters in areas where the implementation of measures for the protection of the people is required.
(Authority of the Chairpersons of Prefectural and Municipal Headquarters)
Article 29  (1) When the chairperson of the prefectural headquarters finds it necessary to ensure the accurate and prompt implementation of measures for the protection of the people within the relevant prefecture, the chairperson may provide comprehensive coordination of such measures as implemented by the prefecture, relevant municipalities, designated public institutions, and designated local public institutions.
(2) In the case referred to in the preceding paragraph, the mayors of relevant municipalities, designated public institutions, or designated local public institutions may present their opinions to the chairperson of the prefectural headquarters regarding the comprehensive coordination of measures for the protection of the people within the prefecture, as implemented by those entities.
(3) When the chairperson of the prefectural headquarters finds it necessary to maintain close coordination with a designated administrative organ or a designated public institution regarding the implementation of measures for the protection of the people, the chairperson may request the head of the designated local administrative organ with administrative oversight of the matters requiring such coordination (or, if no such local organ exists, the head of the designated administrative organ) or the relevant designated public institution to dispatch an official designated by the head or institution.
(4) When the chairperson of the prefectural headquarters finds it particularly necessary, they may request the chairperson of the government headquarters to conduct comprehensive coordination of measures for the protection of the people implemented by designated administrative organs or designated public institutions. In such cases, if the chairperson of the government headquarters finds it necessary, they must carry out the required coordination.
(5) When the chairperson of the municipal headquarters finds it necessary for the accurate and prompt implementation of measures for the protection of the people within the municipality, the chairperson may conduct comprehensive coordination of the measures for the protection of the people implemented by the municipality.
(6) When the chairperson of the municipal headquarters finds it particularly necessary, they may request the chairperson of the prefectural headquarters to conduct comprehensive coordination of measures for the protection of the people implemented by the prefecture, designated public institutions, and designated local public institutions. In such cases, if the chairperson of the prefectural headquarters finds it necessary, they must carry out the required coordination.
(7) When the chairperson of the municipal headquarters finds it particularly necessary, they may request the chairperson of the prefectural headquarters to make a request under the provisions of paragraph (4) regarding measures for the protection of the people implemented by designated administrative organs and designated public institutions.
(8) When the chairperson of the prefectural headquarters or the chairperson of the municipal headquarters finds it necessary to conduct comprehensive coordination under the provisions of paragraph (1) or (5), they may request the chairperson of the government headquarters or the chairperson of the prefectural headquarters, respectively, to provide the necessary information concerning the implementation of measures for the protection of the people within the relevant prefecture or municipality.
(9) When the chairperson of the prefectural headquarters or the chairperson of the municipal headquarters finds it necessary to conduct comprehensive coordination under the provisions of paragraph (1) or (5), they may request the relevant organs involved in the coordination to submit reports or materials concerning the status of the implementation of measures for the protection of the people within the respective prefecture or municipality.
(10) The chairperson of the prefectural headquarters may request the prefectural police headquarters or the prefectural board of education, and the chairperson of the municipal headquarters may request the municipal board of education to take necessary measures to the extent required for the implementation of measures for the protection of the people within the prefecture or municipality, respectively.
(11) The prefectural governor, etc. and the mayor of a municipality, etc., may implement measures for the protection of the people, as provided for in this Act, regardless of whether a prefectural or municipal headquarters has been established.
(Abolition of Prefectural and Municipal Headquarters)
Article 30  Prefectural governors and mayors of municipalities who have been notified of the cancellation of designation under the provisions of Article 25, paragraph (2), as applied mutatis mutandis pursuant to paragraph (4) of that Article, are to abolish the prefectural and municipal headquarters without delay.
(Matters to Be Determined by Ordinances)
Article 31  In addition to what is prescribed in Article 27 through the preceding Article, necessary matters concerning prefectural or municipal headquarters are to be specified by prefectural or municipal ordinances.
Section 4 Basic Guidelines for the Protection of the People
(Basic Guidelines)
Article 32  (1) The national government is to formulate in advance the Basic Guidelines for the Protection of the People (referred to below as "the Basic Guidelines") concerning the implementation of measures for the protection of the people in preparation for armed attack situations, etc.
(2) The matters to be specified in the Basic Guidelines are as follows:
(i) basic policies on the implementation of measures for the protection of the people;
(ii) matters to be taken into account with respect to: the formulation of the plan of a designated administrative organ for the protection of the people under the provisions of paragraph (1) of the following Article; the plan of a prefecture for the protection of the people under the provisions of Article 34, paragraph (1); the operational plan of a designated public institution for the protection of the people under the provisions of Article 36, paragraph (1); and the implementation of measures for the protection of the people in anticipation of armed attack situations, etc.;
(iii) matters concerning the measures stated in the items of Article 10, paragraph (1) to be implemented by the State for the protection of the people;
(iv) matters relating to the policy for designating local governments that should establish prefectural or municipal headquarters;
(v) matters to serve as standards for the formulation of the plan and the operational plan for the protection of the people, as stated in item (ii);
(vi) matters related to ensuring wide-area coordination and cooperation among local governments and among other relevant organizations in implementing measures for the protection of the people; and
(vii) matters necessary for the implementation of measures for the protection of the people, in addition to those stated in the preceding items.
(3) The Prime Minister must prepare a draft of the Basic Guidelines and seek a cabinet decision on the draft.
(4) When the cabinet decision referred to in the preceding paragraph is made, the Prime Minister must, without delay, report the Basic Guidelines to the Diet and issue a public notice to announce it.
(5) If the national government finds it necessary for formulating the Basic Guidelines, it may request the heads of local governments, designated public institutions, and other relevant parties to provide materials or information, express their opinions, and otherwise cooperate as necessary.
(6) The provisions of the preceding three paragraphs apply mutatis mutandis to changes to the Basic Guidelines.
(Plan of the Designated Administrative Organs for the Protection of the People)
Article 33  (1) The heads of designated administrative organs must formulate a plan for the protection of the people, based on the Basic Guidelines, with respect to the affairs under their jurisdiction among the measures stated in the items of Article 10, paragraph (1).
(2) The matters to be specified in the plan for the protection of the people referred to in the preceding paragraph are as follows:
(i) matters concerning the content and methods of implementation of measures for the protection of the people to be carried out by designated administrative organs;
(ii) matters concerning the system for implementing measures for the protection of the people;
(iii) matters concerning coordination with relevant organs in implementing measures for the protection of the people; and
(iv) in addition to the matters stated in the preceding three items, any other matters necessary for the implementation of measures for the protection of the people.
(3) In formulating a plan for the protection of the people, the heads of designated administrative organs must hear the opinions of the heads of other relevant designated administrative organs, in order to ensure that each organ's plan for the protection of the people is formulated in an integrated and coordinated manner.
(4) In formulating a plan for the protection of the people, the heads of designated administrative organs must consult with the Prime Minister in advance.
(5) When the head of a designated administrative organ formulates a plan for the protection of the people, they must promptly notify the relevant prefectural governor and the designated public institutions under their administrative oversight of the plan, and must make the plan public.
(6) When the head of a designated administrative organ finds it necessary for the formulation of a plan for the protection of the people, they may request the heads of relevant designated administrative organs, the heads of designated local administrative organs, the heads of local governments, designated public institutions, designated local public institutions, and other relevant parties to provide materials or information, express opinions, or otherwise cooperate as necessary.
(7) The provisions of paragraph (3) through the preceding paragraph apply mutatis mutandis to revisions to the plan for the protection of the people referred to in paragraph (1). However, the provisions of paragraphs (3) and (4) do not apply mutatis mutandis to minor changes specified by Cabinet Order.
(Prefectural Plan for the Protection of the People)
Article 34  (1) Prefectural governors must formulate a plan for the protection of the people based on the Basic Guidelines.
(2) The matters to be specified in the plan for the protection of the people referred to in the preceding paragraph are as follows:
(i) matters relating to the comprehensive promotion of measures for the protection of the people within the relevant prefecture;
(ii) matters relating to the measures for the protection of the people prescribed in Article 12, paragraphs (1) and (2), implemented by the prefecture;
(iii) matters relating to drills for implementing measures for the protection of the people and the stockpiling of supplies and materials;
(iv) matters to serve as standards for the formulation of the municipal plans for the protection of the people under the provisions of paragraph (1) of the following Article, and the operational plans of designated local public institutions for the protection of the people under the provisions of Article 36, paragraph (2);
(v) matters relating to the system for implementing measures for the protection of the people;
(vi) matters relating to collaboration with other local governments and other relevant organizations regarding the implementation of measures for the protection of the people; and
(vii) in addition to the matters stated in the preceding items, any other matters that the prefectural governor finds necessary concerning measures for the protection of the people within the relevant prefecture.
(3) In formulating a plan for the protection of the people, a prefectural governor must endeavor to ensure consistency with the plans of designated administrative organs and other prefectures for the protection of the people.
(4) In formulating a plan for the protection of the people, a prefectural governor must hear the opinions of the governors of the relevant prefectures when specifying matters relating to those prefectures.
(5) In formulating a plan for the protection of the people, a prefectural governor must consult in advance with the Prime Minister through the Minister for Internal Affairs and Communications.
(6) When a prefectural governor has formulated a plan for the protection of the people, the governor must promptly report it to the prefectural assembly, notify the heads of municipalities and the relevant designated local public institutions within the prefecture, and make the plan public.
(7) The provisions of paragraph (6) of the preceding Article apply mutatis mutandis when a prefectural governor formulates the plan for the protection of the people.
(8) The provisions of paragraph (3) through the preceding paragraph apply mutatis mutandis to revisions to the plan for the protection of the people referred to in paragraph (1). However, the provisions of paragraph (5) do not apply mutatis mutandis to minor changes specified by Cabinet Order.
(Municipal Plan for the Protection of the People)
Article 35  (1) The mayor of a municipality must formulate a plan for the protection of the people based on the prefectural plan for the protection of the people.
(2) The matters to be specified in the plan for the protection of the people referred to in the preceding paragraph are as follows:
(i) matters relating to the comprehensive promotion of measures for the protection of the people within the relevant municipality;
(ii) matters relating to the measures for the protection of the people prescribed in Article 16, paragraphs (1) and (2), implemented by the municipality;
(iii) matters relating to drills for implementing measures for the protection of the people and the stockpiling of supplies and materials;
(iv) matters relating to the system for implementing measures for the protection of the people;
(v) matters relating to collaboration with other local governments and other relevant organizations regarding the implementation of measures for the protection of the people; and
(vi) in addition to the matters stated in the preceding items, any other matters that the mayor of a municipality finds necessary concerning measures for the protection of the people within the relevant municipality.
(3) In formulating a plan for the protection of the people, the mayor of a municipality must endeavor to ensure consistency with the plans of designated administrative organs, prefectures, and other municipalities for the protection of the people.
(4) In formulating a plan for the protection of the people, the mayor of a municipality must hear the opinions of the mayors of other relevant municipalities when specifying matters relating to those municipalities.
(5) In formulating a plan for the protection of the people, the mayor of a municipality must consult with the prefectural governor in advance.
(6) When the mayor of a municipality has formulated the plan for the protection of the people, the mayor must promptly report it to the municipal assembly and make the plan public.
(7) The provisions of Article 33, paragraph (6) apply mutatis mutandis when the mayor of a municipality formulates the plan for the protection of the people.
(8) The provisions of paragraph (3) through the preceding paragraph apply mutatis mutandis to revisions to the plan for the protection of the people referred to in paragraph (1). However, the provisions of paragraph (5) do not apply mutatis mutandis to minor changes specified by Cabinet Order.
(Operational Plan of the Designated Public Institutions and Designated Local Public Institutions for the Protection of the People)
Article 36  (1) Designated public institutions must formulate operational plans for the protection of the people in relation to their operations based on the Basic Guidelines.
(2) Designated local public institutions must formulate operational plans for the protection of the people concerning their operations, based on the prefectural plan for the protection of the people.
(3) The matters to be specified in the operational plans for the protection of the people referred to in the preceding two paragraphs are as follows:
(i) matters related to the content and implementation methods of measures for the protection of the people to be carried out by relevant designated public institutions or designated local public institutions;
(ii) matters related to the system for implementing measures for the protection of the people;
(iii) matters related to coordination with relevant organs in the implementation of measures for the protection of the people; and
(iv) in addition to the matters stated in the preceding three items, any other matters necessary for the implementation of measures for the protection of the people.
(4) When designated public institutions and designated local public institutions formulate their respective operational plans for the protection of the people, the designated public institutions must promptly report the plans to the Prime Minister through the head of the designated administrative organ with administrative oversight of the institution, and the designated local public institutions must promptly report the plans to the prefectural governor who designated them. In such cases, the Prime Minister or the prefectural governor may provide necessary advice to the designated public institutions or designated local public institutions.
(5) When a designated public institution and a designated local public institution have formulated their respective operational plans for the protection of the people, they must promptly notify the relevant prefectural governor and mayor of a municipality, and must make their plans public.
(6) The provisions of Article 33, paragraph (6) apply mutatis mutandis when designated public institutions and designated local public institutions formulate their respective operational plans for the protection of the people.
(7) The provisions of the preceding three paragraphs apply mutatis mutandis to revisions to the operational plans for the protection of the people referred to in paragraphs (1) and (2). However, the provisions of paragraph (4) do not apply mutatis mutandis to minor changes specified by Cabinet Order.
Section 5 Prefectural and Municipal Councils for the Protection of the People
(Establishment of the Prefectural Council for the Protection of the People and Its Affairs within Its Jurisdiction)
Article 37  (1) The prefectural council for the protection of the people (referred to below as "prefectural council" in this Article and the following Article) is established in each prefecture to gather a wide range of residents' opinions on measures for the protection of the people within the prefecture, and to comprehensively promote such measures in that prefecture.
(2) The prefectural council is responsible for the following affairs:
(i) to deliberate on important matters concerning measures for the protection of the people within the prefecture, based on consultations with the prefectural governor; and
(ii) to express opinions to the prefectural governor concerning important matters referred to in the preceding item.
(3) When a prefectural governor formulates or modifies the plan for the protection of the people pursuant to the provisions of Article 34, paragraph (1) or (8), the governor must consult with the prefectural council in advance. However, this requirement does not apply to minor changes specified by Cabinet Order as referred to in the same paragraphs.
(4) The provisions of Article 33, paragraph (6) apply mutatis mutandis when the prefectural council carries out affairs within its jurisdiction.
(Organization of the Prefectural Council)
Article 38  (1) The prefectural council consists of a chairperson and council members.
(2) The prefectural governor serves as the chairperson.
(3) The chairperson presides over the affairs of the council.
(4) The prefectural governor appoints the council members from among the following persons:
(i) the head of the designated local administrative organ with jurisdiction over all or part of the relevant prefecture, or employees designated by that head;
(ii) members of the Ground Self-Defense Force, the Maritime Self-Defense Force, and the Air Self-Defense Force, as designated by the Minister of Defense;
(iii) deputy governor of the prefecture;
(iv) the head of the prefectural board of education, the Superintendent General of the Metropolitan Police Department or the chief of the prefectural police headquarters, and the fire chief of a special ward;
(v) employees of the prefecture (excluding those stated in the preceding two items);
(vi) the mayors of municipalities within the prefecture and the fire chief with jurisdiction over the prefecture;
(vii) officers or employees of designated public institutions or designated local public institutions operating within the prefecture; and
(viii) persons with knowledge or experience concerning measures for the protection of the people.
(5) The term of office of council members is two years, and members may be reappointed. If a vacancy occurs, the term of office of the substitute member will be the remainder of the predecessor's term.
(6) Expert members may be appointed to the prefectural council to examine specialized matters.
(7) The prefectural governor appoints expert members from among the following: employees of relevant designated local administrative organs; employees of the prefecture; employees of municipalities within the prefecture; staff members of relevant designated public institutions or designated local public institutions; and persons with expert knowledge or experience concerning measures for the protection of the people.
(8) In addition to what is prescribed in the preceding paragraphs, matters necessary for the organization and operation of prefectural councils are to be specified by prefectural ordinance.
(Establishment of the Municipal Council for the Protection of the People and Its Affairs within Its Jurisdiction)
Article 39  (1) The municipal council for the protection of the people (referred to below as "municipal council" in this Article and the following Article) is established in each municipality to gather a wide range of residents' opinions on measures for the protection of the people within the municipality and to comprehensively promote such measures.
(2) The municipal council is responsible for the following affairs:
(i) to deliberate on important matters concerning measures for the protection of the people within the municipality, in consultations with the mayor of the municipality; and
(ii) to express opinions to the mayor of the municipality regarding the important matters referred to in the preceding item.
(3) When the mayor of a municipality formulates or modifies the plan for the protection of the people pursuant to the provisions of Article 35, paragraph (1) or (8), the mayor must consult with the municipal council in advance. However, this does not apply to minor changes specified by Cabinet Order referred to in the same paragraphs.
(4) The provisions of Article 33, paragraph (6) apply mutatis mutandis when the municipal council performs affairs within its jurisdiction.
(Organization of the Municipal Council)
Article 40  (1) The municipal council consists of a chairperson and council members.
(2) The mayor of the municipality serves as the chairperson.
(3) The chairperson presides over the council's affairs.
(4) The mayor of the municipality appoints the council members from among those stated below:
(i) employees of the designated local administrative organ with jurisdiction over the area of the relevant municipality;
(ii) members of the Self-Defense Forces (limited to those who have obtained the consent of the Minister of Defense at the time of their appointment);
(iii) employees of the prefecture to which the municipality belongs;
(iv) deputy mayor of the municipality;
(v) the head of the municipal board of education, and the fire chief with jurisdiction over the area of the municipality, or fire service personnel designated by the fire chief (or, in the case of a municipality without a fire department, the head of the fire brigade);
(vi) employees of the municipality (excluding those stated in the preceding two items);
(vii) officers or employees of designated public institutions or designated local public institutions operating within the municipality; and
(viii) persons having knowledge or experience regarding measures for the protection of the people.
(5) The provisions of Article 38, paragraph (5) apply mutatis mutandis to the council members in the preceding paragraph.
(6) Expert members may be appointed to the municipal council to examine specialized matters.
(7) The provisions of Article 38, paragraph (7) apply mutatis mutandis to the expert members referred to in the preceding paragraph. In this case, the term "employees of the prefecture" in Article 38, paragraph (7) is to be read as "employees of the prefecture to which the municipality belongs"; the term "employees of municipalities within the prefecture" is to be read as "employees of the municipality"; and the term "the prefectural governor" is to be read as "the mayor of the municipality".
(8) In addition to what is provided for in the preceding paragraphs, matters necessary for the organization and operation of municipal councils are to be specified by municipal ordinance.
Section 6 Establishment of Organizations and Implementation of Drills
(Establishment of Organizations)
Article 41  Heads of designated administrative organs, heads of designated local administrative organs, heads of local governments, and designated public institutions and designated local public institutions (referred to below as "heads of designated administrative organs, etc.") must establish the organizations necessary for the accurate and prompt implementation of measures for the protection of the people, as specified in their respective plans and operational plans for the protection of the people, and must set standards for the assignment and duties of personnel engaged in affairs or services related to such measures.
(Drills)
Article 42  (1) Heads of designated administrative organs, etc., must endeavor to conduct drills related to measures for the protection of the people, either independently or in cooperation with the heads of other designated administrative organs, etc., as specified in their respective plans and operational plans for the protection of the people. In such cases, consideration is to be given to ensuring organic coordination with the disaster management drills referred to in Article 48, paragraph (1) of the Basic Act on Disaster Management.
(2) If the prefectural public safety commission finds it particularly necessary to ensure the effective implementation of the drills referred to in the preceding paragraph, it may, pursuant to Cabinet Order, designate areas or sections of roads and prohibit or restrict pedestrian or vehicular traffic on those roads to the extent necessary for the conduct of the drills.
(3) When the head of a local government conducts evacuation drills for residents, they may request the residents of that local government to cooperate in participating in the drills.
(Awareness-Raising)
Article 43  The national government must endeavor to raise public awareness in order to deepen understanding of the importance of the measures to protect the lives, physical safety, and property of the people from armed attacks.
Chapter II Measures Concerning the Evacuation of Residents
Section 1 Issuance of Warnings
(Issuance of Warnings)
Article 44  (1) When the chairperson of the government headquarters finds it urgently necessary to protect the lives, physical safety, or property of the people from armed attacks, the chairperson must issue a warning as specified in the Basic Guidelines and the Basic Response Plan.
(2) The matters to be specified in the warning referred to in the preceding paragraph are as follows:
(i) the current status and forecast of the armed attack situation, etc.;
(ii) areas under threat of an armed attack or where such an attack is deemed to have occurred; and
(iii) in addition to the matters stated in the preceding two items, any other matters that should be communicated to residents and public and private organizations.
(3) Notwithstanding the provisions of the preceding paragraph, when a warning is issued pursuant to the provisions of paragraph (1), and it is not possible to specify the areas referred to in item (ii) of the preceding paragraph, it is not necessary to include the matters stated in that item.
(Notification of Warnings by the Government Headquarters Chairperson)
Article 45  (1) When the chairperson of the government headquarters issues a warning pursuant to the provisions of paragraph (1) of the preceding Article, the chairperson must immediately notify the heads of designated administrative organs of the content of the warning.
(2) When the head of a designated administrative organ receives a notification under the provisions of the preceding paragraph, they must, as specified in their plans for the protection of the people, immediately notify the head of the designated local administrative organ within their jurisdiction, the designated public institution under their administrative oversight, and other relevant organizations of the content of the notification.
(3) In addition to what is prescribed in the preceding paragraph, when the Minister for Internal Affairs and Communications receives a notification under the provisions of paragraph (1), the Minister must immediately notify the prefectural governors of the content of the notification, as specified in the Ministry's plan for the protection of the people.
(Notification of Warnings by the Prefectural Governor)
Article 46  When a prefectural governor receives a notification under the provisions of paragraph (3) of the preceding Article, the governor must, as specified in the prefectural plan for the protection of the people, immediately notify the mayors of municipalities within the prefecture, other enforcement organs of the prefecture, designated local public institutions designated by the governor, and other relevant organizations of its content.
(Communication of Warnings by Mayors of Municipalities)
Article 47  (1) When the mayor of a municipality receives a notification under the provisions of the preceding Article, the mayor must, as specified in the municipal plan for the protection of the people, immediately communicate the content of the notification to residents and relevant public and private organizations, and notify the municipality's other enforcement organs and other relevant organizations of the content.
(2) In the case referred to in the preceding paragraph, the mayor of the municipality must endeavor to communicate the content of the notification referred to in that paragraph to residents and relevant public and private organizations as promptly as possible, using sirens, the municipal disaster management radio communication system, or other means.
(3) Prefectural police headquarters, in cooperation with municipalities, must endeavor to ensure that the content of the notification referred to in paragraph (1) is communicated accurately and promptly.
(Communication of Warnings by the Heads of Designated Administrative Organs and Other Persons)
Article 48  When the heads of designated administrative organs, the heads of designated local administrative organs, or prefectural governors, etc., receive a notification under the provisions of Article 45 or 46, they must, as specified in their respective plans for the protection of the people, endeavor to promptly communicate the contents of the notification to persons responsible for managing schools, hospitals, railway stations, and other facilities used by large numbers of people.
Article 49  In addition to what is prescribed in the preceding Article, when the Minister for Foreign Affairs, the Minister of Land, Infrastructure, Transport and Tourism, or the Commandant of the Japan Coast Guard receives a notification under the provisions of Article 45, paragraph (1), they must, as specified in their respective plans for the protection of the people, endeavor to immediately communicate the contents of the notification to Japanese nationals residing abroad in the case of the Minister for Foreign Affairs, to persons aboard aircraft in the case of the Minister of Land, Infrastructure, Transport and Tourism, and to persons aboard ships in the case of the Commandant of the Japan Coast Guard.
(Broadcasting of Warnings)
Article 50  When designated public institutions or designated local public institutions that are broadcasters receive a notification under the provisions of Article 45, paragraph (2) or Article 46, they must promptly broadcast the contents of the notification, as specified in their respective operational plans for the protection of the people.
(Lifting of Warnings)
Article 51  (1) If the chairperson of the government headquarters determines that the warning is no longer necessary, the chairperson is to lift the warning.
(2) The provisions of Article 45 through the preceding Article apply mutatis mutandis when the chairperson of the government headquarters lifts a warning pursuant to the provisions of the preceding paragraph.
Section 2 Evacuation Instructions
(Instructions for Evacuation Measures)
Article 52  (1) When the chairperson of the government headquarters issues a warning pursuant to the provisions of Article 44, paragraph (1), and determines that evacuation of residents (including evacuation indoors; the same applies below) is necessary, the chairperson is to, as specified in the Basic Guidelines, immediately instruct the relevant prefectural governors (meaning the governors of the prefectures with jurisdiction over the areas referred to in item (i) or (ii) of the following paragraph; the same applies below in this Section), through the Minister for Internal Affairs and Communications, to take the necessary measures for the evacuation of residents.
(2) When giving instructions under the provisions of the preceding paragraph (referred to below as "instructions for evacuation measures"), the chairperson of the government headquarters must indicate the following matters:
(i) the areas from which residents need to be evacuated (referred to below as "evacuation areas");
(ii) the areas to which residents are to be evacuated (including areas serving as evacuation routes; referred to below as "evacuation destination areas"); and
(iii) an outline of measures that the relevant organizations should take concerning the evacuation of residents.
(3) When the chairperson of the government headquarters issues instructions for evacuation measures and designates areas, including remote islands, as evacuation areas, the chairperson must give special consideration to the transportation of evacuated residents of such remote islands (meaning residents who have received instructions under the provisions of Article 54, paragraph (1), including those temporarily staying in the areas for which instructions for evacuation measures have been issued; the same applies below).
(4) When the chairperson of the government headquarters issues instructions for evacuation measures, the chairperson must immediately notify the heads of designated administrative organs of the contents of the instructions.
(5) When the head of a designated administrative organ receives a notification under the provisions of the preceding paragraph, they must, as specified in their plans for the protection of the people, immediately notify the head of the designated local administrative organ within their jurisdiction and the designated public institution under their administrative oversight of the content of the notification.
(6) In addition to the matters prescribed in the preceding paragraph, when the Minister for Internal Affairs and Communications receives a notification under the provisions of paragraph (4), the Minister must, as specified in the Ministry's plan for the protection of the people, immediately notify prefectural governors other than the relevant governors of the content of the notification.
(7) The provisions of Article 46 apply mutatis mutandis when a prefectural governor receives instructions for evacuation measures or a notification under the provisions of the preceding paragraph.
(8) The provisions of Article 49 apply mutatis mutandis when the Minister for Foreign Affairs, the Minister of Land, Infrastructure, Transport and Tourism, or the Commandant of the Japan Coast Guard receives a notification under the provisions of paragraph (4).
(Cancellation of Instructions for Evacuation Measures)
Article 53  (1) When the chairperson of the government headquarters determines that evacuation is no longer necessary for all or part of the evacuation areas, the chairperson is to cancel the instructions for evacuation measures for all or part of those areas.
(2) In the case referred to in the preceding paragraph, the chairperson of the government headquarters must immediately notify the relevant prefectural governors, via the Minister for Internal Affairs and Communications, of the cancellation of instructions for evacuation measures.
(3) The provisions of paragraphs (4) through (8) of the preceding Article apply mutatis mutandis when the chairperson of the government headquarters cancels instructions for evacuation measures pursuant to the provisions of paragraph (1).
(Evacuation Instructions)
Article 54  (1) When a prefectural governor with jurisdiction over an evacuation area receives instructions for evacuation measures, the governor must immediately instruct the residents of the evacuation area to evacuate, through the mayors of municipalities with jurisdiction over the evacuation area, as specified in the prefectural plan for the protection of the people. In this case, if the prefectural governor determines that it is necessary to evacuate residents of an area adjacent to the evacuation area, in light of geographical, transportation, or other relevant conditions, the governor may instruct the residents of that area to evacuate through the mayors of the municipalities with jurisdiction over the area.
(2) When issuing instructions under the provisions of the preceding paragraph (referred to below as "evacuation instructions"), the prefectural governor must indicate the main evacuation routes, transportation means for evacuation, and other evacuation methods, in addition to the matters stated in the items of Article 52, paragraph (2).
(3) When issuing evacuation instructions, if the evacuation destination area includes the area of a designated city (meaning a designated city as referred to in Article 252-19, paragraph (1) of the Local Autonomy Act; the same applies below) within the prefecture, the prefectural governor is to hear the opinions of the head of the designated city in advance.
(4) The provisions of Article 47, paragraphs (2) and (3) apply mutatis mutandis when the mayor of a municipality communicates evacuation instructions to residents.
(5) When issuing evacuation instructions, the prefectural governor must immediately notify the mayors of municipalities (limited to those within the prefecture) with jurisdiction over the evacuation destination areas of the content of the instructions.
(6) When the mayors of municipalities receive a notification under the provisions of the preceding paragraph, they are to accept evacuated residents, except in cases where there is a justifiable reason not to do so.
(7) When the prefectural governor issues evacuation instructions, the governor must, as specified in the prefectural plan for the protection of the people, immediately notify the mayors of municipalities (excluding the mayors referred to in paragraphs (1) and (5)) within the prefecture, other enforcement organs of the prefecture, relevant designated public institutions and designated local public institutions, and the administrators of evacuation facilities (meaning the evacuation facilities referred to in Article 148, paragraph (1); the same applies below, except in Article 150) in evacuation destination areas within the prefecture, of the content of the instructions.
(8) When issuing evacuation instructions, the prefectural governor must promptly report the content of the instructions to the chairperson of the government headquarters.
(Cancellation of Evacuation Instructions)
Article 55  (1) When instructions for evacuation measures for all or part of an evacuation area are cancelled pursuant to the provisions of Article 53, paragraph (1), the prefectural governor must cancel the evacuation instructions for all or part of the that area.
(2) When a prefectural governor has issued evacuation instructions pursuant to the second sentence of paragraph (1) of the preceding Article, and determines that evacuation is no longer necessary for all or part of an area adjacent to the evacuation area for which the instructions were issued, the governor is to cancel the evacuation instructions for all or part of that area.
(3) The provisions of paragraphs (7) and (8) of the preceding Article apply mutatis mutandis when the prefectural governor cancels evacuation instructions pursuant to the provisions of the preceding two paragraphs. In this case, the phrase "the mayors of municipalities (excluding the mayors of municipalities referred to in paragraphs (1) and (5))" in paragraph (7) of that Article is to be read as "the mayors of municipalities".
(Corrective Measures by the Prime Minister Relating to Evacuation Instructions)
Article 56  (1) With regard to evacuation instructions, if the prefectural governor with jurisdiction over an evacuation area fails to issue the necessary instructions based on the comprehensive coordination referred to in Article 14, paragraph (1) of the Armed Attack Situation Response Act, as conducted by the chairperson of the government headquarters, and if the Prime Minister finds it particularly necessary to protect the lives, physical safety, or property of the people, the Prime Minister may, at the request of the chairperson of the government headquarters, instruct the prefectural governor to issue the necessary evacuation instructions.
(2) If the prefectural governor with jurisdiction over the relevant evacuation area fails to issue the necessary evacuation instructions, even after being instructed under the provisions of the preceding paragraph, or if the Prime Minister finds it particularly necessary to issue such instructions to protect the lives, physical safety, or property of the people in light of the circumstances, the Prime Minister may, at the request of the chairperson of the government headquarters and after notifying the relevant prefectural governor, personally issue the necessary evacuation instructions.
(3) The provisions of the preceding two paragraphs apply mutatis mutandis when the prefectural governor cancels evacuation instructions pursuant to the provisions of paragraph (1) or (2) of the preceding Article.
(Broadcasting of Evacuation Instructions)
Article 57  The provisions of Article 50 apply mutatis mutandis when designated public institutions or designated local public institutions that are broadcasters receive a notification under the provisions of Article 54, paragraph (7) (including cases where it is applied mutatis mutandis pursuant to Article 55, paragraph (3)).
(Evacuation of Residents Beyond the Area of a Prefecture)
Article 58  (1) If instructions for evacuation measures have been issued and it is necessary for residents to evacuate outside the prefecture, the relevant prefectural governor must consult in advance regarding the acceptance of the evacuated residents.
(2) In the case referred to in the preceding paragraph, the prefectural governor with jurisdiction over the evacuation destination area is to accept the evacuated residents, except when there is a justifiable reason for refusal.
(3) In the case referred to in paragraph (1), the prefectural governor with jurisdiction over the evacuation destination area must determine the area within the prefecture where the evacuated residents are to be accepted (referred to below as the "accepting area" in this paragraph and the following paragraph) and must immediately notify the mayors of the municipalities with jurisdiction over the accepting area of the decision.
(4) The provisions of Article 54, paragraph (3) apply mutatis mutandis to cases in which the accepting area includes a designated city (limited to designated cities within the prefecture).
(5) When the prefectural governor with jurisdiction over the evacuation destination area makes a decision under the provisions of paragraph (3), the governor must promptly notify the prefectural governor with jurisdiction over the evacuation area of the content of the decision.
(6) The provisions of Article 54, paragraph (6) apply mutatis mutandis when the mayors of municipalities receive the notification under the provisions of paragraph (3).
(7) The provisions of Article 54, paragraph (7) apply mutatis mutandis to cases where the prefectural governor has made a decision under the provisions of paragraph (3). In such cases, the phrase "the mayors of municipalities (excluding the mayors of municipalities referred to in paragraphs (1) and (5))" in paragraph (7) of that Article is to be read as "the mayors of municipalities".
(8) In the case referred to in paragraph (1), when the prefectural governor with jurisdiction over the evacuation area cancels evacuation instructions under the provisions of Article 55, paragraph (1) or (2), the governor is to promptly notify the prefectural governor with jurisdiction over the evacuation destination area of the cancellation.
(9) The provisions of Article 54, paragraph (7) apply mutatis mutandis to cases where the prefectural governor has received the notification under the provisions of the preceding paragraph. In such cases, the phrase "the mayors of municipalities (excluding the mayors of municipalities referred to in paragraphs (1) and (5))" in paragraph (7) of that Article is to be read as "the mayors of municipalities".
(Coordination and Cooperation among Relevant Prefectural Governors)
Article 59  (1) When instructions for evacuation measures have been received and it becomes necessary to evacuate residents outside a prefecture, the relevant prefectural governors must closely coordinate and cooperate with one another regarding the measures for the evacuation of residents.
(2) In the case referred to in the preceding paragraph, when the Minister for Internal Affairs and Communications finds it necessary to facilitate the evacuation of residents outside the prefecture, the Minister may make necessary recommendations to the relevant prefectural governors.
(Corrective Measures by the Prime Minister Relating to Measures for Accepting Evacuated Residents Beyond the Area of the Prefecture)
Article 60  (1) If the prefectural governor with jurisdiction over an evacuation destination area fails to implement the necessary measures for accepting evacuated residents from outside the prefecture, based on the comprehensive coordination referred to in Article 14, paragraph (1) of the Armed Attack Situation Response Act—conducted by the chairperson of the government headquarters regarding such acceptance—and if the Prime Minister finds it particularly necessary to protect the lives, physical safety, or property of the people, the Prime Minister may, at the request of the chairperson of the government headquarters, instruct the prefectural governor to implement the necessary measures for accepting the evacuated residents from outside the prefecture.
(2) If the prefectural governor with jurisdiction over the evacuation destination area fails to implement the necessary measures to accept evacuated residents from outside the prefecture, even after being instructed under the provisions of the preceding paragraph, or if the Prime Minister finds it particularly necessary to protect the lives, physical safety, or property of the people, and finds it urgent in light of the circumstances, the Prime Minister may personally implement the necessary measures for accepting the evacuated residents, or may cause such measures to be implemented by directing the Minister for Internal Affairs and Communications, at the request of the chairperson of the government headquarters, after notifying the prefectural governor.
Section 3 Guiding Evacuated Residents
(Evacuation Guidelines)
Article 61  (1) When residents of a municipality are instructed to evacuate, the mayor of the municipality must immediately establish evacuation guidelines, as specified in the municipality's plan for the protection of the people, after hearing the opinions of the relevant organizations.
(2) The matters to be specified in the evacuation guidelines referred to in the preceding paragraph, are as follows:
(i) matters relating to evacuation routes or meaning of evacuation, and other evacuation methods;
(ii) the method for guiding evacuated residents, the assignment of relevant employees involved in such guidance, and other matters related to the guidance of evacuated residents; and
(iii) In addition to the matters stated in the preceding two items, any other matters necessary for the implementation of evacuation.
(3) When the mayor of a municipality formulates the evacuation guidelines, the mayor must immediately communicate their contents to residents and relevant public and private organizations, in accordance with the municipality's plan for the protection of the people. The mayor must also notify the other enforcement organs of the municipality; the fire chief (or, in municipalities without a fire department, the head of the fire brigade) with jurisdiction over the municipality; the chief of police; the head of the regional coast guard office (meaning the head of a regional coast guard office specified by Cabinet Order; the same applies below); the head of a Self-Defense Forces unit, etc., specified by Cabinet Order; and other relevant organizations.
(4) The provisions of Article 47, paragraph (2) apply mutatis mutandis when the mayor of a municipality communicates the contents of the evacuation guidelines to residents and relevant public and private organizations pursuant to the provisions of the preceding paragraph.
(Guidance of Evacuated Residents by Municipal Mayors)
Article 62  (1) The mayor of a municipality must direct municipal employees, the fire chief, or the head of the fire brigade to guide the evacuated residents, as specified in the evacuation guidelines of that municipality.
(2) When the mayor of a municipality that has established a firefighters union guides evacuated residents under the provisions of the preceding paragraph, the manager or head of the local government association responsible for all or part of the firefighting affairs (referred to below as "firefighters union") (or, the director, in the case of a firefighters union with a board of directors in place of a manager or head pursuant to the provisions of Article 287-3, paragraph (2) of the Local Autonomy Act (including cases where this provision is applied mutatis mutandis pursuant to Article 291-13 of that Act; the same applies below)) must direct the fire chief of the firefighters union and the head of the fire brigade to guide the evacuated residents, in cooperation with the municipality, as specified in the municipality's evacuation guidelines.
(3) In the cases referred to in the preceding two paragraphs, the fire brigade is to act under the jurisdiction of the fire chief or the head of the fire brigade.
(4) In the case referred to in paragraph (2), if the mayor of the municipality that has established the firefighters union finds it particularly necessary in relation to the guidance of evacuated residents of the municipality, the mayor may request the manager or head of the firefighters union to instruct the fire chief of the firefighters union or the head of the fire brigade to implement the necessary measures.
(5) The provisions of the preceding three paragraphs apply mutatis mutandis when the head of a municipality that has entrusted all or part of its firefighting affairs to another local government guides evacuated residents. In this case, the phrase "the manager or head of the local government association responsible for all or part of the firefighting affairs (referred to below as "firefighters union") (or, the director, in the case of a firefighters union with a board of directors in place of a manager or head pursuant to the provisions of Article 287-3, paragraph (2) of the Local Autonomy Act (including cases where this provision is applied mutatis mutandis pursuant to Article 291-13 of that Act; the same applies below))" in paragraph (2) is to be read as "the head of the entrusted local government"; the phrase "the manager or head of the firefighters union" in the preceding paragraph is to be read as "the head of the entrusted local government"; and the following terms in paragraph (2) and the preceding paragraph are to be read as follows: "the municipality that has established the firefighters union" is to be read as "the entrusting municipality"; "the municipality" is to be read as "the entrusting municipality"; and "the fire chief of the firefighters union" is to be read as "the fire chief of the entrusted local government".
(6) When guiding evacuated residents, the mayor of the municipality must endeavor to provide food, supply drinking water, provide medical care, and take any other necessary measures, as required.
(Guidance of Evacuated Residents by Police Officers and Others)
Article 63  (1) In the case referred to in paragraph (1) of the preceding Article, when the mayor of a municipality finds it necessary for the guidance of evacuated residents, the mayor may request the chief of police; the head of a regional coast guard office; or the head of a Self-Defense Forces unit, etc., who has been ordered to implement measures for the protection of the people from among those units ordered to be mobilized pursuant to the provisions of Article 76, paragraph (1), Article 78, paragraph (1), or Article 81, paragraph (2) of the Self-Defense Forces Act, or those ordered to be deployed pursuant to the provisions of Article 77-4, paragraph (1) of that Act (referred to below as "Self-Defense Forces units, etc., ordered to be mobilized, etc.") (limited to those specified by Cabinet Order), to have police officers, coast guard officers, or uniformed Self-Defense Forces personnel (referred to below as "police officers, etc.") guide the evacuated residents. In such cases, the mayor is to notify the governor of the prefecture to which the municipality belongs of the request.
(2) When the prefectural governor receives a request from the mayor of a municipality guiding evacuated residents pursuant to the provisions of paragraph (1) of the preceding Article, or when the governor considers that there is no time to wait for such a request, the governor may request the Superintendent General of the Metropolitan Police Department, the chief of a prefectural police headquarters, the head of the regional coast guard office, or the head of a Self-Defense Forces unit, etc., referred to in the preceding paragraph, to have police officers, etc., guide the evacuated residents.
(3) The prefectural governor may carry out the necessary coordination for the request under the provisions of paragraph (1).
(Consultation with Municipal Mayors)
Article 64  (1) In the case referred to in Article 62, paragraph (1), when police officers, etc., attempt to guide evacuated residents, the chief of police, the head of a regional coast guard office, or the head of a Self-Defense Forces unit, etc., ordered to be mobilized, etc., (referred to as the "chief of police, etc." in the following paragraph and paragraph (3)) must consult in advance with the mayor of the relevant municipality and take the necessary measures to ensure that the guidance of evacuated residents proceeds smoothly in accordance with the evacuation guidelines.
(2) When police officers, etc., are guiding evacuated residents of the municipality, the mayor of the municipality may request the chief of police, etc., to provide the necessary information on the status of the implementation of the guidance.
(3) If the mayor of the municipality finds it urgently necessary for the protection of the lives and physical safety of evacuated residents while police officers, etc., are guiding the evacuated residents of the municipality, the mayor may, to the extent necessary, request the chief of police, etc., to take the necessary measures for guiding the evacuated residents.
(Responsibilities of Administrators of Hospitals and other Facilities)
Article 65  Administrators of hospitals, welfare institutions for the aged, daycare centers, and other facilities in which persons who have difficulty evacuating on their own are hospitalized or temporarily accommodated must endeavor to take the necessary measures to ensure their smooth evacuation.
(Warnings and Instructions by Persons Guiding Evacuated Residents)
Article 66  (1) If police officers, etc., guiding evacuated residents, or persons guiding evacuated residents pursuant to the provisions of Article 62, paragraph (1) or (2) (including the mutatis mutandis application of those provisions in paragraph (5) of that Article), recognize a risk of a dangerous situation—such as congestion, etc. caused by evacuation—they may issue necessary warnings or instructions to persons who may cause danger, those at risk of harm, or other relevant parties, in order to prevent the occurrence of such a dangerous situation.
(2) In the case referred to in the preceding paragraph, police officers or Coast Guard officers may, when they find it particularly necessary, prohibit entry into dangerous places, evacuate individuals from such places, remove vehicles or other objects from roads where danger may arise, or take other necessary measures.
(3) The provisions of the preceding paragraph apply mutatis mutandis to the performance of duties by fire service personnel or uniformed Self-Defense Forces personnel guiding evacuated residents, but only when police officers and Coast Guard officers are not present at the scene.
(Measures Concerning Guidance of Evacuated Residents by Prefectural Governors)
Article 67  (1) Prefectural governors must endeavor to provide necessary assistance to mayors of municipalities accurately and promptly in order to guide evacuated residents smoothly.
(2) If the mayors of the relevant municipalities fail to provide necessary guidance to evacuated residents in accordance with the provisions of Article 62, paragraph (1), and the prefectural governors find it particularly necessary to protect the lives, physical safety, or property of residents, the governors may instruct the mayors to provide such guidance.
(3) If the mayors of the relevant municipalities fail to provide necessary guidance to evacuated residents, even after having been instructed under the provisions of the preceding paragraph, the prefectural governors may direct their employees to guide the evacuated residents, after notifying those mayors.
(4) When the mayor of a municipality within the prefecture evacuates residents to an area outside the prefecture, or when the relevant mayor of a municipality makes such a request, the prefectural governor may direct the mayor's employees to assist in guiding the evacuated residents.
(5) The provisions of paragraph (1) of the preceding Article apply mutatis mutandis to prefectural employees guiding evacuated residents or assisting in guiding evacuated residents pursuant to the provisions of the preceding two paragraphs.
(Corrective Measures by the Prime Minister Relating to Measures Concerning Guidance of Evacuated Residents)
Article 68  If the relevant prefectural governors fail to take necessary measures to guide evacuated residents, based on the comprehensive coordination referred to in Article 14, paragraph (1) of the Armed Attack Situation Response Act, conducted by the chairperson of the government headquarters with respect to such guidance, and the Prime Minister finds it particularly necessary to protect the lives, physical safety, or property of the people, the Prime Minister may, at the request of the chairperson of the government headquarters, instruct the prefectural governors to take such measures.
(Measures for Return of Evacuated Residents)
Article 69  (1) When evacuation instructions for all or part of an evacuation area or an area adjacent to the evacuation area have been cancelled pursuant to the provisions of Article 55, paragraph (1) or (2), the mayors of municipalities must take necessary measures, such as guiding evacuated residents back to the area, to facilitate their return.
(2) The provisions of Articles 62 and 67 (excluding paragraph (5)) apply mutatis mutandis to measures for the return of evacuated residents under the provisions of the preceding paragraph. In this case, "its evacuation guidelines" in Article 62, paragraph (1) is to be read as "separately formulated guidelines for the return of evacuated residents", and "evacuation guidelines" in paragraph (2) of that Article is to be read as "guidelines separately formulated by the mayor for the return of evacuated residents".
(Cooperation in Guiding Evacuated Residents)
Article 70  (1) Police officers, etc., who guide evacuated residents; persons who guide evacuated residents pursuant to the provisions of Article 62, paragraph (1) or (2) (including cases where these provisions apply mutatis mutandis pursuant to paragraph (5) of that Article); persons who guide evacuated residents pursuant to the provisions of Article 67, paragraph (3); or persons who assist in such guidance pursuant to the provisions of paragraph (4) of that Article, may, when they find it necessary for the guidance of evacuated residents, request cooperation from the evacuated residents or other persons to provide assistance necessary for that guidance.
(2) In the case referred to in the preceding paragraph, police officers, etc., who guide evacuated residents, persons who guide evacuated residents referred to in the same paragraph, and persons who assist in guiding evacuated residents referred to in the same paragraph must give due consideration to ensuring the safety of the persons offering cooperation for necessary assistance in guiding evacuated residents in response to the request.
(3) The provisions of the preceding two paragraphs apply mutatis mutandis to measures for return of evacuated residents under the provisions of paragraph (1) of the preceding Article.
(Request for Transportation of Evacuated Residents)
Article 71  (1) For the purpose of guiding evacuated residents, a prefectural governor or the mayor of a municipality may request a designated public institution or a designated local public institution (in the case of a prefectural governor, a designated local public institution designated by the prefectural governor; in the case of a municipal mayor, a designated local public institution designated by the governor of the prefecture to which the municipality belongs; the same applies in Article 73, paragraphs (2) through (4) and Article 79, paragraph (1)) that is a transport operator, to transport evacuated residents.
(2) When a request is made under the provisions of the preceding paragraph, the designated public institution and the designated local public institution referred to in that paragraph must comply with the request unless there is a justifiable reason for noncompliance.
(Notification of Comprehensive Coordination Relating to Transportation of Evacuated Residents)
Article 72  When a prefectural governor or the mayor of a municipality determines that a designated public institution or designated local public institution has failed to comply, without justifiable reason, with a request made under the provisions of paragraph (1) of the preceding Article, the governor or mayor may notify the chairperson of the government headquarters in the case of a designated public institution, or the chairperson of the prefectural headquarters in the case of a designated local public institution, of the non-compliance.
(Corrective Measures by the Prime Minister Relating to Transportation of Evacuated Residents)
Article 73  (1) If the relevant designated public institution fails to provide necessary transport for evacuated residents in accordance with the comprehensive coordination conducted by the chairperson of the government headquarters, as referred to in Article 14, paragraph (1) of the Armed Attack Situation Response Act, the Prime Minister may, upon determining that it is essential to protect the people's lives, physical safety, or property, and at the request of the chairperson, instruct that the designated public institution to carry out the required transportation.
(2) If the relevant designated local public institution fails to transport evacuated residents appropriately and promptly, and the prefectural governor determines that it is particularly necessary to protect the lives, physical safety, or property of the people, the prefectural governor may instruct the designated local public institution to transport the evacuated residents as necessary.
(3) Except in cases where the safety of designated public institutions and designated local public institutions is found to have been ensured in light of warnings issued by the chairperson of the government headquarters under the provisions of Article 44, paragraph (1), the Prime Minister and the prefectural governor must not issue instructions under the provisions of the preceding two paragraphs.
(4) When the designated public institution and the designated local public institution transport evacuated residents based on instructions issued under the provisions of paragraphs (1) and (2), the Prime Minister and the prefectural governor must provide information on armed attacks and any other necessary information to the designated public institution and designated local public institution in order to ensure their safety.
Chapter III Measures Related to Relief for Evacuated Residents
Section 1 Relief
(Relief Instructions)
Article 74  (1) Upon giving instructions for evacuation measures pursuant to the provisions of Article 52, paragraph (1), the chairperson of the government headquarters is to immediately instruct the prefectural governor with jurisdiction over the evacuation destination area to implement the necessary relief measures, pursuant to the Basic Guidelines.
(2) If people are affected by an armed attack disaster, and the chairperson of the government headquarters determines that relief is necessary, the chairperson may instruct the prefectural governor with jurisdiction over the affected area to take the necessary relief measures.
(Implementation of Relief)
Article 75  (1) When a prefectural governor receives instructions under the provisions of the preceding Article (referred to below as "relief instructions" in this paragraph), the governor must, as specified in their plans for the protection of the people, provide any necessary relief (simply referred to below as "relief")—from among the types of relief listed below—to evacuated residents, etc., (meaning evacuated residents and persons affected by armed attack disasters; the same applies below) located within the prefecture who are in need of such relief at evacuation facilities or other locations. However, if, in light of the circumstances, the situation is deemed urgent and there is no time to wait for relief instructions, the governor may implement such relief without waiting for those instructions.
(i) provision of shelter (including emergency temporary housing; the same applies in Article 82);
(ii) provision of food by emergency food distribution and other methods and provision of drinking water;
(iii) provision or lending of clothing, bedding and other daily necessities;
(iv) provision of medical care and midwifery;
(v) searching for and rescuing victims;
(vi) burial and cremation;
(vii) provision of telephones and other communication facilities; and
(viii) in addition to what is stated in the preceding items, matters specified by Cabinet Order.
(2) Notwithstanding the provisions of the preceding paragraph, relief may be provided in the form of monetary payment if the prefectural governor deems it necessary.
(3) Necessary matters concerning the level, method, and duration of relief are to be specified by Cabinet Order.
(Implementation of Relief by the Mayor of a Municipality)
Article 76  (1) If a prefectural governor finds it necessary for the prompt implementation of relief, they may, pursuant to Cabinet Order, have the mayor of a municipality perform part of the affairs concerning the implementation of relief that fall under the governor's authority. In such cases, if the prefectural governor finds it necessary for the execution of those affairs, they may instruct the mayor of the municipality to take the necessary measures related to relief.
(2) In addition to the affairs to be carried out by the mayor of a municipality pursuant to the provisions of the preceding paragraph, the mayor of the municipality is to assist in relief provided by the prefectural governor.
(Measures by the Japanese Red Cross Society)
Article 77  (1) The Japanese Red Cross Society must cooperate in relief activities conducted by prefectural governors, as specified in its operational plan for the protection of the people.
(2) The national government may direct and supervise the Japanese Red Cross Society in communicating and coordinating regarding cooperation for relief by organizations other than local governments, or by individuals (excluding cooperation referred to in Article 80, paragraph (1)).
(3) Prefectural governors may entrust the Japanese Red Cross Society with matters necessary for the implementation of relief or support for relief.
(Cooperation on Installation of Telecommunications Equipment)
Article 78  Designated public institutions and designated local public institutions that are telecommunications carriers (meaning the telecommunications carriers referred to in Article 2, item (v) of the Telecommunications Business Act (Act No. 86 of 1984); the same applies in Article 135, paragraph (2) and Article 156), as specified in their respective operational plans for the protection of the people, must endeavor to provide the necessary cooperation for relief efforts implemented by prefectural governors in connection with the temporary installation of telephones and other telecommunications equipment for evacuated residents, etc., in evacuation facilities.
(Transportation of Emergency Supplies)
Article 79  (1) The head of a designated administrative organ or the head of a designated local administrative organ may request a designated public institution that is a transport operator, and the prefectural governor and the mayor of a municipality may request a designated public institution or designated local public institution that is a transport operator, to transport supplies and materials necessary for providing relief to evacuated residents, etc., as well as other supplies and materials necessary for the implementation of measures for the protection of the people (referred to as "emergency supplies" in the following paragraph and Article 155, paragraph (1)).
(2) The provisions of Article 71, paragraph (2), Article 72, and Article 73 apply mutatis mutandis to the transportation of emergency supplies.
(Cooperation for Relief)
Article 80  (1) When a prefectural governor or a prefectural employee finds it necessary for the provision of relief, they may request evacuated residents, etc., in need of such relief, as well as persons in the surrounding area, to cooperate in providing the assistance necessary for that relief.
(2) In the case referred to in the preceding paragraph, the prefectural governor and the prefectural official must give due consideration to ensuring the safety of persons who cooperate in assistance necessary for relief in response to such a request.
(Request for the Sale of Supplies)
Article 81  (1) When a prefectural governor finds it necessary in order to provide relief, the governor may request the owners of supplies necessary for the implementation of such relief (limited to medicines, food, bedding, and other supplies specified by Cabinet Order; referred to as "supplies" in paragraph (1) of the following Article and in paragraph (1) of Article 84)—which are handled by persons engaged in the production, collection, sale, distribution, storage, or transportation of such supplies (referred to below as "specified supplies")—to sell the specified supplies.
(2) In the case referred to in the preceding paragraph, if the owner of specified supplies fails to comply with the request made under the provisions of that paragraph without justifiable reason, the prefectural governor may expropriate the specified supplies, but only if it is deemed particularly necessary for the provision of relief.
(3) When a prefectural governor finds it urgently necessary to secure specified supplies in the course of providing relief, the governor may order persons engaged in the production, collection, sale, distribution, storage, or transportation of such supplies to store the specified supplies that they handle.
(4) When the head of a designated administrative organ or the head of a designated local administrative organ finds it urgently necessary to support relief efforts conducted by the prefectural governor, or when requested by the prefectural governor, they may, on their own authority, implement the measures under the provisions of the preceding three paragraphs.
(Use of Land)
Article 82  (1) When a prefectural governor finds it necessary to use land, houses, or supplies (referred to below as "land, etc." in this Article and Article 84, paragraph (1)) in order to provide shelter to evacuated residents, etc., or to establish temporary facilities to provide medical care to such residents., the prefectural governor may use such land, etc., with the consent of the owner and possessor of the land, etc.
(2) In the case referred to in the preceding paragraph, if the owner or possessor of land, etc., refuses to give consent without justifiable reason, or if such consent cannot be obtain under that paragraph because the whereabouts of the owner or possessor are unknown, the prefectural governor may use the land, etc. without consent, notwithstanding the provisions of that paragraph, but only if the governor finds it particularly necessary for the purpose of providing shelter to evacuated residents, etc., or establishing temporary facilities for the provision of medical care to such residents.
(Serving of Requisition Orders)
Article 83  (1) The prefectural governor, the head of a designated administrative organ, and the head of a designated local administrative organ must each issue a requisition order individually, pursuant to Cabinet Order, for appropriations under the provisions of Article 81, paragraphs (2), (3), and (4) (excluding the portion related to paragraph (1) of that Article) and the preceding Article. However, if the whereabouts of the party to whom the official order should be issued at the time of land use are unknown, or in other cases specified by Cabinet Order, the official order may be issued ex post facto, pursuant to Cabinet Order.
(2) The provisions of Article 81, paragraphs (2) and (3) of the Basic Act on Disaster Management apply mutatis mutandis to the case referred to in the preceding paragraph.
(On-Site Inspections)
Article 84  (1) When it is necessary for the expropriation of specified supplies pursuant to the provisions of Article 81, paragraph (2) or (4); for ordering the storage of specified supplies pursuant to the provisions of paragraph (3) or (4) of that Article; or for the use of land, etc., pursuant to the provisions of Article 82, the prefectural governor, the head of a designated administrative organ, or the head of a designated local administrative organ may authorize their employees to enter land, houses, or locations where the specified supplies are or are to be stored, and inspect the conditions of the land, houses, or the specified or other supplies.
(2) When the prefectural governor, the head of a designated administrative organ, or the head of a designated local administrative organ has ordered the storage of specified supplies pursuant to the provisions of Article 81, paragraph (3) or (4), they may request a necessary report from the person who issued the storage order, or may authorize their employees to enter the location where the specified supplies are stored to inspect the storage conditions.
(3) When an official of the prefecture, a designated administrative organ, or a designated local administrative organ enters a place under the provisions of the preceding two paragraphs, the official must notify the administrator of the place of the entry in advance.
(4) In the case referred to in the preceding paragraph, the official must carry an identification document and present it to the concerned parties upon request.
(Request for Providing Medical Care)
Article 85  (1) If a large-scale armed attack disaster occurs, and the prefectural governor finds it necessary to provide medical care to evacuated residents, etc., the governor may request doctors, nurses, or other medical personnel specified by Cabinet Order to provide such care, indicating the location, duration, and other necessary matters.
(2) In the case referred to in the preceding paragraph, if the medical personnel referred to in that paragraph fail to comply with the request made under the provisions of that paragraph without justifiable reason, the prefectural governor may instruct the medical personnel to provide medical care, but only if the governor finds it particularly necessary to provide medical care to evacuated residents, etc. In such cases, the matters referred to in that paragraph must be specified in writing.
(3) When requesting or instructing medical personnel to provide medical care pursuant to the provisions of the preceding two paragraphs, the prefectural governor must give due consideration to ensuring the safety of the medical personnel and take necessary measures to ensure their safety.
(Instructions for Support)
Article 86  With regard to relief provided by a prefectural governor, the Prime Minister may instruct other prefectural governors to provide relief support.
(Assistance for Relief)
Article 87  When requested by the prefectural governor to provide assistance in the course of relief activities, the heads of designated administrative organs and the heads of designated local administrative organs are to provide relief supplies and any other necessary assistance.
(Corrective Measures by the Prime Minister Relating to Relief)
Article 88  (1) If the relevant prefectural governor fails to provide necessary relief based on the comprehensive coordination referred to in Article 14, paragraph (1) of the Armed Attack Situation Response Act conducted by the chairperson of the government headquarters, the Prime Minister may, upon finding it particularly necessary to protect the lives, physical safety, or property of the people, and at the request of the chairperson of the government headquarters, instruct the prefectural governor to provide the necessary relief.
(2) If the prefectural governor fails to provide the necessary relief even after being instructed under the provisions of the preceding paragraph, or if the Prime Minister finds it particularly necessary to protect the lives, physical safety, or property of the people and urgent in light of the circumstances, the Prime Minister may, at the request of the chairperson of the government headquarters and after notifying the prefectural governor, personally provide the necessary relief or direct the relevant ministers to do so.
(Special Provisions Concerning Shelters)
Article 89  (1) The provisions of Article 17 of the Fire Service Act (Act No. 186 of 1948) do not apply to facilities for accommodating evacuated residents, etc., or for providing medical care to evacuated residents, etc., (referred to as "shelters, etc." in paragraph (3)), that are temporarily established by prefectural governors (referred to as "temporary shelters, etc." in the following paragraph and in paragraph (3)).
(2) Notwithstanding the provisions of the preceding paragraph, prefectural governors must establish standards for the installation and maintenance of equipment for firefighting, water supply for firefighting, and facilities necessary for firefighting activities in temporary shelters, etc., and take other measures necessary to prevent disasters and ensure public safety in temporary shelters, etc., in accordance with the Fire Service Act.
(3) The provisions of the main clause of Article 85, paragraph (1), and paragraphs (3) through (5) of the Building Standards Act (Act No. 201 of 1950) apply mutatis mutandis to cases in which prefectural governors carry out emergency repairs of shelters, etc., or construct temporary shelters, etc. The provisions of Article 77, paragraph (1), and paragraphs (3) and (4) of the Landscape Act (Act No. 110 of 2004) apply mutatis mutandis to cases in which prefectural governors change the use of a building and use it as a temporary shelter, etc. In such cases, the term "disaster victims" in Article 85, paragraph (5) and Article 87-3, paragraph (5) of that Act is to be read as "evacuated residents, etc.".
(Special Provisions Concerning Temporary Medical Facilities)
Article 90  The provisions of Chapter IV of the Medical Care Act (Act No. 205 of 1948) do not apply to facilities temporarily established by prefectural governors for the purpose of providing medical care to evacuated residents, etc.
(Permission for Provision of Medical Care by Foreign Medical Personnel)
Article 91  (1) If a large-scale armed attack disaster occurs, and it becomes extremely difficult to secure persons with the qualifications stated in the following items, and the Minister of Health, Labour and Welfare determines that it is not possible to provide sufficient medical care to evacuated residents, etc., and if a foreign government or international organization, etc., offers to provide medical care, the Minister may, notwithstanding the provisions of the Acts specified in the respective items, permit persons who possess qualifications equivalent to those stated in the items—acquired in a foreign country (referred to as "foreign medical personnel" in paragraph (3))—to provide medical care to the extent necessary, by designating the areas and the scope of services in which they are to engage, pursuant to Cabinet Order:
(i) physician: Article 17 of the Medical Practitioners Act (Act No. 201 of 1948);
(ii) dentist: Article 17 of the Dental Practitioners Act (Act No. 202 of 1948);
(iii) pharmacist: Article 19 of the Pharmacists Act (Act No. 146 of 1960);
(iv) nurse: Article 31, paragraph (1) of the Act on Public Health Nurses, Midwives, and Nurses (Act No. 203 of 1948);
(v) assistant nurse: Article 32 of the Act on Public Health Nurses, Midwives, and Nurses; and
(vi) paramedic: Article 31, paragraph (1) and Article 32 of the Act on Public Health Nurses, Midwives, and Nurses.
(2) When the Minister of Health, Labour and Welfare grants permission under the provisions of the preceding paragraph, the Minister must immediately notify the prefectural governor with jurisdiction over the designated area in the permission of that fact.
(3) When the Minister of Health, Labour and Welfare finds that the medical care provided by foreign medical personnel permitted under the provisions of paragraph (1) (referred to below as "authorized foreign medical personnel" in this Article) is no longer necessary, the Minister is to revoke the permission.
(4) The Minister of Health, Labour and Welfare may revoke the permission if the authorized foreign medical personnel have committed a crime or a wrongful act in connection with their services, or if other grounds specified by Cabinet Order apply.
(5) With respect to authorized foreign medical personnel, the provisions of the Acts specified by Cabinet Order is to apply to persons who hold qualifications in a foreign country equivalent to those of a doctor, dentist, pharmacist, nurse, assistant nurse, or paramedic, deeming them to be a doctor, dentist, pharmacist, nurse, assistant nurse, or paramedic, respectively.
(6) The provisions of Article 18 of the Medical Practitioners' Act, Article 18 of the Dental Practitioners Act, Article 20 of the Pharmacists Act or Article 48 of the Emergency Life-Saving Technicians Act (Act No. 36 of 1991) do not apply to authorized foreign medical personnel who have qualifications equivalent to those of a doctor, dentist, pharmacist or paramedic, respectively, in a foreign country.
(Approval for Importation of Foreign Medicines)
Article 92  (1) The provisions of Article 14-3 of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145 of 1960) apply mutatis mutandis to the importation of pharmaceuticals (meaning the pharmaceuticals referred to in Article 2, paragraph (1) of that Act, excluding in-vitro diagnostics (meaning the in-vitro diagnostics referred to in paragraph (14) of that Article; the same applies below in this paragraph and paragraph (3)); the same applies in paragraph (3)) that are necessary for providing medical care to evacuated residents, etc. The provisions of Article 23-2-8 of the same Act likewise apply mutatis mutandis to the importation of medical equipment (meaning the medical equipment referred to in Article 2, paragraph (4) of the same Act; the same applies in paragraph (3)) or in-vitro diagnostics (meaning the in-vitro diagnostics referred to in paragraph (14) of that Article; the same applies below in this paragraph and paragraph (3)) that are necessary for providing medical care to evacuated residents etc. Furthermore, the provisions of Article 23-28 of that Act apply mutatis mutandis to the importation of regenerative medicine products (meaning the regenerative medicine products referred to in Article 2, paragraph (9) of the same Act; the same applies in paragraph (3)) that are necessary for providing medical care to evacuated residents, etc. In applying the provisions of Article 14-3, paragraph (1) of that Act, the phrase "If an item that an applicant for approval prescribed in Article 14 intends to market falls under both of the following items as pharmaceuticals specified by Cabinet Order, the Minister of Health, Labour and Welfare may, notwithstanding of the provisions of paragraphs (2), (5), (6) and (8) of that Article, grant approval for the item prescribed in that Article after obtaining the opinions of the Pharmaceutical Affairs Council:" is to be read as "Notwithstanding the provisions of Article 14, paragraphs (2), (5), (6) and (8), a person who intends to import pharmaceuticals that fall under any of the following items may be granted an approval for such item prescribed in that Article by the Minister of Health, Labour and Welfare". In addition, the phrase "those specified by Cabinet Order" in item (ii) of the same paragraph is to be read as "those approved by the Minister of Health, Labour and Welfare". Similarly, in applying the provisions of Article 23-2-8, paragraph (1) of the same Act, the phrase "When an item that an applicant for approval prescribed in Article 23-2-5 intends to sell falls under both of the following items as medical devices or in-vitro diagnostics specified by Cabinet Order, the Minister of Health, Labour and Welfare may, notwithstanding the provisions of paragraphs (2), (5), (6), (8), and (10) of that Article, grant approvals for the item prescribed in that Article after obtaining the opinions of the Pharmaceutical Affairs Council:" is to be read as "Notwithstanding the provisions of Article 23-2-5, paragraphs (2), (5), (6), (8), and (10), a person who intends to import medical devices or in-vitro diagnostics that fall under any of the following items may be granted approval for such item prescribed in that Article". The phrase "those specified by Cabinet Order" in item (ii) of that paragraph is to be read as "those approved by the Minister of Health, Labour and Welfare". With respect to the application of Article 23-28, paragraph (1) of the same Act, the phrase "When an item that an applicant for approval prescribed in Article 23-25 intends to market falls under both of the following items as regenerative medicine products specified by Cabinet Order, the Minister of Health, Labour and Welfare may, notwithstanding the provisions of paragraphs (2), (5), (6), and (8) of that Article, grant approval for the item prescribed in that Article after obtaining the opinions of the Pharmaceutical Affairs Council:" is to be read as "Notwithstanding the provisions of Article 23-2-5, paragraphs (2), (5), (6), (8), and (10), a person who intends to import regenerative medicine products that fall under any of the following items may be granted approval for such item prescribed in that Article". The phrase "those specified by Cabinet Order" in item (ii) of that paragraph is to be read as "those approved by the Minister of Health, Labour and Welfare".
(2) When the Minister of Health, Labour and Welfare has granted the approvals referred to in Article 14-3, paragraph (1), Article 23-2-8, paragraph (1), or Article 23-28, paragraph (1) of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, which are applied mutatis mutandis pursuant to the preceding paragraph, the Minister may revoke such approvals if they determine that the importation of the approved items is no longer necessary or that revocation is required to prevent the occurrence or spread of a health hazard.
(3) The provisions of Article 80, paragraph (8) of the Act on Securing Quality, Efficacy and Safety Assurance of Products Including Pharmaceuticals and Medical Devices apply mutatis mutandis to pharmaceuticals imported pursuant to the provisions of Article 14-3, paragraph (1) of that Act, medical devices or in-vitro diagnostics imported pursuant to the provisions of Article 23-2-8, paragraph (1) of that Act, and regenerative medicine products imported pursuant to the provisions of Article 23-28, paragraph (1) of that Act, all as applied mutatis mutandis pursuant to paragraph (1) of this Article.
(Acceptance of Assistance from Overseas)
Article 93  (1) If an extremely large-scale armed attack disaster occurs and it is not possible, under existing laws, to urgently and smoothly accept assistance from overseas for the relief of evacuated residents, etc., and if the Diet is in recess or the House of Representatives has been dissolved, and there is no time to decide to convene an extraordinary session of the Diet or to request an emergency session of the House of Councilors and await the measures of such a session, the Cabinet may enact Cabinet Orders to take the necessary measures for the acceptance of such assistance.
(2) The provisions of Article 109, paragraphs (3) through (7) of the Basic Act on Disaster Management apply mutatis mutandis to the case referred to in the preceding paragraph.
Section 2 Collection of Safety Information
(Collection of Safety Information by Mayors of Municipalities and Prefectural Governors)
Article 94  (1) The mayors of municipalities must endeavor to collect and organize information on the safety of evacuated residents and those killed or injured in armed attack disasters (including persons who are not residents of the relevant municipality but were present there, and those who died within the municipality) (referred to below as "safety information"), pursuant to Cabinet Order, and report this safety information to the prefectural governors on a timely basis.
(2) In addition to organizing the safety information reported to them pursuant to the provisions of the preceding paragraph, prefectural governors must endeavor to collect and organize safety information themselves as necessary and report such information to the Minister for Internal Affairs and Communications without delay.
(3) Relevant organizations that possess safety information must endeavor to cooperate in collecting safety information under the provisions of the preceding two paragraphs.
(Provision of Safety Information by the Minister for Internal Affairs and Communications and the Heads of Local Governments)
Article 95  (1) The Minister for Internal Affairs and Communications and the heads of local governments must promptly respond to inquiries concerning safety information, pursuant to Cabinet Order.
(2) In the case referred to in the preceding paragraph, the Minister for Internal Affairs and Communications and the heads of local governments must pay due attention to the protection of personal information.
(Safety Information of Foreign Nationals)
Article 96  (1) The Japanese Red Cross Society must, as specified in its operational plan for the protection of the people, endeavor to collect and organize safety information concerning foreign nationals held by the Minister for Internal Affairs and Communications and the heads of local governments, and must respond promptly to inquiries regarding such safety information.
(2) The Minister for Internal Affairs and Communications and the heads of local governments must cooperate with the Japanese Red Cross Society in collecting safety information concerning foreign nationals, pursuant to the provisions of the preceding paragraph.
(3) The provisions of paragraph (2) of the preceding Article apply mutatis mutandis when the Japanese Red Cross Society responds to inquiries regarding safety information it possesses concerning foreign nationals.
Chapter IV Measures for Responding to Armed Attack Disasters
Section 1 General Rules
(Response to Armed Attack Disasters)
Article 97  (1) The State must, as specified in the Basic Guidelines, independently take necessary measures to prevent and mitigate armed attack disasters, and cooperate with local governments to accurately and promptly implement measures to respond to armed attack disasters (meaning measures to prevent and mitigate armed attack disasters, or measures implemented to minimize the damage caused by such disasters; the same applies below).
(2) Local governments must, based on the provisions of this Act and other applicable laws and regulations, implement necessary measures related to responses to armed attack disasters, in order to prevent and mitigate such disasters within their respective jurisdictions.
(3) If the chairperson of the government headquarters finds it particularly necessary to prevent and mitigate armed attack disasters, the chairperson may instruct the prefectural governors to implement necessary measures related to the response to such disasters.
(4) If a prefectural governor finds it difficult to prevent and mitigate an armed attack disaster in the prefecture due to the extremely large-scale nature of the disaster, the disaster's unique characteristics, or other circumstances, the prefectural governor may request the chairperson of the government headquarters to implement necessary measures through the State to prevent and mitigate the disaster.
(5) In addition to what is prescribed in this Act, when a request is made under the provisions of the preceding paragraph, the Prime Minister must, at the request of the chairperson of the government headquarters, direct the relevant ministers to implement necessary measures based on the Basic Response Plan in order to prevent and mitigate the armed attack disaster referred to in that paragraph.
(6) When an armed attack disaster has occurred or is imminent within a municipality, and the mayor of the municipality finds it urgently necessary to protect the lives, physical safety, or property of residents, the mayor may request the prefectural governor to make a request under the provisions of paragraph (4).
(7) Fire services must utilize their facilities and personnel to protect the lives, physical safety, and property of the people from fires caused by armed attacks, and to prevent and mitigate armed attack disasters.
(Obligation to Report by Persons Discovering Signs of an Armed Attack Disaster)
Article 98  (1) Any person who discovers signs of an armed attack disaster must, without delay, report the discovery to the mayor of the municipality, or to fire service personnel, police officers, or Coast Guard officers (referred to as "fire service personnel, etc." in the following paragraph and in paragraph (4)).
(2) Fire service personnel, etc., upon receiving a report under the provisions of the preceding paragraph, must promptly report the matter to the mayor of the municipality.
(3) When the mayor of a municipality receives a report under the provisions of the preceding two paragraphs and determines that there is a risk of an armed attack disaster occurring and that it is necessary to take measures in response, the mayor must promptly notify the prefectural governor of that determination.
(4) If fire service personnel, etc., receive a report under the provisions of paragraph (1) and are unable to report it to the mayor of the municipality, they must promptly report it to the prefectural governor.
(5) When the prefectural governor receives a notification or report under the provisions of the preceding two paragraphs and finds it necessary, the governor must promptly notify the relevant organizations accordingly, as specified in the prefectural plan for the protection of the people.
(Issuance of Emergency Report)
Article 99  (1) When an armed attack disaster has occurred or is imminent, and the prefectural governor finds it urgently necessary to prevent danger to the lives, physical safety, or property of residents arising from the disaster, the governor must issue an emergency report concerning the armed attack disaster (referred to below as "emergency report"), as specified in the prefectural plan for the protection of the people.
(2) The content of the emergency report is as follows:
(i) the current situation of the armed attack disaster and future projections related to it; and
(ii) in addition to the matters stated in the preceding item, any other matters that should be communicated to residents and public and private organizations.
(Notification Regarding Emergency Report to Relevant Organizations)
Article 100  (1) When a prefectural governor has issued an emergency report pursuant to the provisions of paragraph (1) of the preceding Article, the governor must immediately notify the contents of the emergency report to the mayors of the municipalities within the prefecture, other relevant prefectural enforcement organs, designated public institutions, and designated local public institutions, as specified in the prefectural plan for the protection of the people.
(2) The provisions of Article 47 apply mutatis mutandis when the mayor of a municipality receives a notification under the provisions of the preceding paragraph.
(3) When a prefectural governor issues an emergency alert pursuant to the provisions of paragraph (1) of the preceding Article, the governor must promptly report its contents to the chairperson of the government headquarters.
(Broadcasting of the Emergency Report)
Article 101  The provisions of Article 50 apply mutatis mutandis when designated public institutions and designated local public institutions that are broadcasters receive a notification under the provisions of paragraph (1) of the preceding Article.
Section 2 Emergency Measures
(Ensuring the Safety of Facilities Related to Daily Life)
Article 102  (1) In armed attack situations, etc., if a prefectural governor finds it particularly necessary to ensure the safety of facilities located within the prefecture that fall under any of the following items and are specified by Cabinet Order (referred to below as "facilities related to daily life, etc." in this Article), the governor may, after hearing the opinions of relevant organizations, request the administrators of such facilities to take necessary measures to ensure their safety, in order to prevent the occurrence or expansion of armed attack disasters:
(i) facilities related to the daily lives of the people, the safely of which, if not ensured, poses a risk of causing significant hindrance to daily life; and
(ii) facilities, the safely of which, if not ensured, poses a risk of causing significant damage to the surrounding area.
(2) If the head of a designated administrative organ or the head of a designated local administrative organ finds it urgently necessary to ensure the safety of facilities related to daily life, etc., in order to prevent the occurrence or expansion of an armed attack disaster during an armed attack situation, etc., they may, after hearing the opinions of relevant organizations, make a request under the provisions of the preceding paragraph on their own initiative. In such a case, when the request has been made, the governor of the prefecture in which the relevant facilities related to daily life, etc., are located must be notified immediately of this fact.
(3) In armed attack situations, etc., the heads of designated administrative organs, designated local administrative organs, and local governments, etc., must, in order to prevent the occurrence or expansion of armed attack disasters, take necessary security enhancement measures and other measures to ensure the safety of facilities related to daily life, etc., that fall under their administration, as specified in their respective plans for the protection of the people.
(4) Administrators of facilities related to daily life, etc., who intend to implement necessary measures in response to a request under the provisions of paragraph (1) or (2), or the heads of designated administrative organs, designated local administrative organs or local governments, etc., who intend to implement necessary measures under the preceding paragraph, may request the prefectural police headquarters, firefighting organizations (meaning the organizations listed in the items of Article 9 of the Fire Defense Organization Act (Act No. 226 of 1947); the same applies in Article 119, paragraphs (3) and (4)), and other administrative organizations to provide necessary assistance to ensure the safety of facilities related to daily life, etc., under their administration.
(5) In armed attack situations, etc., the prefectural public safety commission or the head of a regional coast guard office, etc., may, upon request by the prefectural governor or when deemed particularly necessary in view of the circumstances, designate as restricted entry areas the premises and surrounding areas of facilities related to daily life, etc., where entry restrictions are required to ensure the safety of those facilities, for the purpose of preventing the occurrence or expansion of armed attack disasters.
(6) When the prefectural public safety commission or the head of the regional coast guard office designates a restricted entry area as referred to in the preceding paragraph, they must promptly notify the administrators of facilities related to daily life, etc., of the designation and publicly announce the boundaries of the restricted entry area, the period during which entry is restricted, and any other necessary matters.
(7) When the restricted entry area referred to in paragraph (5) has been designated, police officers or Coast Guard officers may restrict or prohibit entry to the area, or order persons to vacate it. This applies particularly to persons other than those who have obtained permission from the administrators of facilities related to daily life, etc.
(8) In order to prevent the occurrence or expansion of armed attack disasters in armed attack situations, etc., if the Prime Minister finds it particularly necessary to ensure the safety of facilities related to daily life, etc., and their surrounding areas, the Prime Minister may direct the relevant ministers to implement necessary measures to prevent danger or evacuate residents in neighboring areas, or to take necessary measures to ensure the safety of facilities related to daily life, etc., based on the Basic Response Plan. In such cases, the National Public Safety Commission may issue necessary instructions to the relevant prefectural public safety commissions regarding the designation of restricted entry areas under the provisions of paragraph (5).
(Prevention of Armed Attack Disasters Involving Hazardous Substances)
Article 103  (1) In armed attack situations, etc., the heads of designated administrative organs, the heads of designated local administrative organs, and the heads of local governments must, when they determine that it is necessary to prevent the occurrence of armed attack disasters involving substances (including living organisms) specified by Cabinet Order—which may pose a risk to human life, physical safety, or property due to ignition, explosion, dispersion into the atmosphere, or release into surrounding areas (referred to below as "hazardous substances, etc." in this Article and Article 107)—take the necessary measures, based on the provisions of this Act, or other applicable laws and regulations, as specified in their respective plans for the protection of the people, to prevent such disasters involving hazardous substances, etc.
(2) In the case referred to in the preceding paragraph, the heads of designated administrative organs, designated local administrative organs, or local governments may request the possessors, owners, and keepers of hazardous substances, etc., as well as other persons handling hazardous substances, etc., (referred to as "persons handling hazardous substances, etc." in the following paragraph and paragraph (4)) to reinforce the security of locations where such substances are handled.
(3) If the heads of designated administrative organs, designated local administrative organs, or local governments find it urgently necessary to prevent the occurrence of armed attack disasters involving hazardous substances, etc., they may order persons handling hazardous substances, etc., to implement the following measures, as specified by Cabinet Order, in accordance with classifications also specified by Cabinet Order:
(i) temporary suspension or restriction of the use of all or part of a facility where hazardous substances, etc., are handled;
(ii) temporary prohibition or restriction on the production, delivery, storage, transfer, transportation, or consumption of hazardous substances, etc.; and
(iii) relocation or disposal of hazardous substances, etc.
(4) The heads of designated administrative organs, designated local administrative organs, or local governments may, if they find it necessary to order the measures referred to in the preceding paragraph, request persons handling hazardous substances, etc., to report on the status of their management of those substances, etc.
(5) The provisions of the preceding paragraphs apply mutatis mutandis to the prevention and mitigation of armed attack disasters involving hazardous substances, etc.
(Response to Armed Attack Disasters Affecting Petroleum Industrial Complexes)
Article 104  Regarding the application of the provisions of the Act on the Prevention of Disasters in Petroleum Industrial Complexes and Other Petroleum Facilities (Act No. 84 of 1975) concerning responses to disasters involving special disaster prevention areas for petroleum industrial complexes and other petroleum facilities (meaning the special disaster prevention areas for petroleum industrial complexes and other petroleum facilities referred to in Article 2, item (ii) of that Act) following an armed attack, the following phrases are to be read as follows: "the disaster prevention plan for petroleum industrial complexes and other petroleum facilities" in Article 23, paragraph (1) and Article 24 of that Act, is to be read as "the disaster prevention plan for petroleum industrial complexes and other petroleum facilities (or, where the specified operator is a designated public institution or a designated local public institution, its operational plan for the protection of the people and the disaster prevention plan for petroleum industrial complexes and other petroleum facilities)"; "the disaster prevention plan for petroleum industrial complexes and other petroleum facilities" in Article 23, paragraph (2) is to be read as "the municipal plan for the protection of the people and the disaster prevention plan for petroleum industrial complexes and other petroleum facilities"; "the disaster prevention headquarters for petroleum industrial complexes and other petroleum facilities" in Article 23, paragraph (2) is to be read as "the prefectural governor and the disaster prevention headquarters for petroleum industrial complexes and other petroleum facilities"; "the disaster prevention plan for petroleum industrial complexes and other petroleum facilities" in Article 26 is to be read as "their respective plans and operational plans for the protection of the people and the disaster prevention plan for petroleum industrial complexes and other petroleum facilities"; and "the disaster prevention headquarters for petroleum industrial complexes and other petroleum facilities" in Article 26 is to be read as "the prefectural governor and the disaster prevention headquarters for petroleum industrial complexes and other petroleum facilities".
(Response to Armed Attack Nuclear Disasters)
Article 105  (1) When a nuclear emergency preparedness manager (meaning the nuclear emergency preparedness manager referred to in Article 9, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness (Act No. 156 of 1999); the same applies in Article 192, item (ii)) determines that radioactive materials or radiation have been released, or are at risk of being released outside a nuclear facility site (meaning the nuclear facility site referred to in Article 2, item (iv) of that Act; the same applies in paragraph (7)) (or, in the case of transport outside the nuclear facility site (meaning the transport outside the nuclear facility site referred to in item (ii) of that Act; the same applies below), released outside the vessel used for the transport; the same applies in paragraph (7)) as a result of an armed attack, the nuclear emergency preparedness manager must immediately notify the Prime Minister, the Nuclear Regulation Authority, the competent prefectural governor (meaning the competent prefectural governor referred to in Article 7, paragraph (2) of that Act; the same applies below in this Article), the competent municipal mayor (meaning the competent municipal mayor referred to in the same paragraph; the same applies in paragraphs (3) and (4)), the relevant neighboring prefectural governors (meaning the relevant neighboring prefectural governors referred to in paragraph (2) of that Article; the same applies below in this Article) (or, in the case of an event involving transport outside the nuclear facility site, the Prime Minister, the Nuclear Regulation Authority, the Minister of Land, Infrastructure, Transport and Tourism, and the prefectural governor and municipal mayors with jurisdiction over the location where the event occurred) pursuant to Cabinet Order. In this case, the competent prefectural governor and the relevant neighboring prefectural governors are to report the incident to the mayors of the surrounding municipalities (meaning the mayors of the surrounding municipalities referred to in the same paragraph).
(2) The Prime Minister and the Nuclear Regulation Authority (and, in the case of an event involving transport outside the nuclear facility site, the Prime Minister, the Nuclear Regulation Authority, and the Minister of Land, Infrastructure, Transport and Tourism), upon receiving a report under the provisions of the first sentence of the preceding paragraph, must immediately report this to the chairperson of the government headquarters and notify the relevant designated public institutions, as specified in their respective plans for the protection of the people.
(3) When the competent prefectural governor, the competent municipal mayor, and the relevant neighboring prefectural governors (or, in the case of an event involving transport outside the nuclear facility site, the prefectural governor and municipal mayor with jurisdiction over the location where the event occurred; the same applies in the following paragraph) recognize that the fact prescribed in paragraph (1) exists, they must, as specified in their respective plans for the protection of the people, immediately report the matter to the Prime Minister and the Nuclear Regulation Authority (or, in the case of an event involving transport outside the nuclear facility site, to the Prime Minister, the Nuclear Regulation Authority, and the Minister of Land, Infrastructure, Transport and Tourism).
(4) The provisions of paragraph (2) apply mutatis mutandis when the Prime Minister and the Nuclear Regulation Authority (or, in the case of an event involving transport outside the nuclear facility site, the Prime Minister, the Nuclear Regulation Authority, and the Minister of Land, Infrastructure, Transport and Tourism; the same applies below in this paragraph) determines that the event prescribed in paragraph (1) has occurred, or when the Prime Minister and the Nuclear Regulation Authority receive a report under the provisions of the preceding paragraph. In such cases, the Prime Minister and the Nuclear Regulation Authority must also notify the competent prefectural governor, the competent municipal mayor, the relevant neighboring prefectural governors, and the nuclear licensee (meaning the nuclear licensee referred to in Article 2, item (iii) of the Act on Special Measures Concerning Nuclear Emergency Preparedness; the same applies in paragraph (13)).
(5) The provisions of the second sentence of paragraph (1) apply mutatis mutandis when the competent prefectural governor and the relevant neighboring prefectural governors receive a notification under the provisions of the second sentence of the preceding paragraph. In this case, the term "report" in the second sentence of paragraph (1) is to be read as "notify".
(6) When the prefectural governor receives a report under the provisions of the first sentence of paragraph (1) or a notification under the provisions of the second sentence of paragraph (4), the governor must immediately notify relevant designated local public institutions of that fact, as specified in their plans for the protection of the people.
(7) If the chairperson of the government headquarters, upon receiving a report under the provisions of paragraph (2) (including those provisions as applied mutatis mutandis pursuant to paragraph (4)), determines that the release of radioactive materials or radiation outside a nuclear facility site as a result of an armed attack may pose a hazard to the lives, physical safety, or property of the people, the chairperson must immediately issue a public notice on the following matters:
(i) an area in which response measures (referred to below as "response measures" in this Article) should be implemented in order to prevent the occurrence or spread of damage caused by the release of radioactive materials or radiation outside a nuclear facility site due to an armed attack (referred to below as "armed attack nuclear disaster" in this Article) (referred to below as "response measures implementation area" in this Article);
(ii) an outline of the situation related to the armed attack nuclear disaster; and
(iii) in addition to the matters stated in the preceding two items, any other matters that should be communicated to residents and public and private organizations within the response measures implementation area.
(8) The provisions of Articles 45 and 46 apply mutatis mutandis when the chairperson of the government headquarters issues a public notice referred to in the preceding paragraph.
(9) When the public notice referred to in paragraph (7) is issued, the Prime Minister must, at the request of the chairperson of the government headquarters and based on the Basic Response Plan, direct the relevant ministers to implement response measures.
(10) When the chairperson of the government headquarters has issued the public notice referred to in paragraph (7), the chairperson must immediately instruct the prefectural governors with jurisdiction over the response measures implementation area to take the necessary response measures, including the evacuation of residents.
(11) When the public notice referred to in paragraph (7) is issued, if the prefectural governors find it necessary to prevent the occurrence or expansion of an armed attack nuclear disaster, they may instruct the mayors of municipalities to implement the necessary response measures.
(12) In the case referred to in paragraph (7), if the chairperson of the government headquarters determines that the implementation of response measures is no longer necessary, the chairperson is to promptly issue a public notice stating that the public notice referred to in that paragraph is revoked.
(13) The provisions of Article 25 of the Act on Special Measures Concerning Nuclear Emergency Preparedness apply mutatis mutandis when the fact prescribed in paragraph (1) has occurred; the provisions of Article 26 of that Act apply mutatis mutandis when a public notice is issued under paragraph (7); and the provisions of Article 27 apply mutatis mutandis when a public notice is issued under the preceding paragraph. In these cases, the following phrases are to be read as follows: "an incident specified by Cabinet Order under Article 10, paragraph (1)" in Article 25, paragraph (1) of that Act is to be read as "the fact prescribed in paragraph (1)"; "pursuant to the provisions of" in the same paragraph and paragraph (2) of that Article is to be read as "pursuant to the same rules as specified in"; "a nuclear disaster" in paragraph (1) of that Article and Article 26, paragraph (1), items (i), (ii), and (v) is to be read as "an armed attack nuclear disaster"; "the incident" in Article 25, paragraph (2) of that Act is to be read as "the fact"; "emergency response measures" in Article 26 (including the heading) of that Act is to be read as "response measures"; "declaration of a nuclear emergency" in paragraph (1), item (i) of that Article is to be read as "content of public notice issued under paragraph (7)"; "a recommendation or instruction for evacuation" in paragraph (1), item (i) of that Article is to be read as "evacuation of residents"; "for preventing the progression (expansion) of a nuclear disaster (including the probability of the occurrence of a nuclear disaster)" in item (viii) of that paragraph is to be read as "preventing the occurrence or expansion of an armed attack nuclear disaster"; "a declaration of a nuclear emergency" in paragraph (2) of that Article is to be read as " public notice issued under paragraph (7)"; "a declaration of the cancellation of a nuclear emergency" in paragraph (2) of that Article is to be read as "public notice issued under the provisions of the preceding paragraph"; "the heads of designated government organizations, the heads of designated local government organizations, the head or any other executive agency of a local government, designated public corporations, and designated local public corporations" in that paragraph and Article 27, paragraph (2) of that Act is to be read as "the heads of designated administrative organs, etc."; "pursuant to the provisions of the relevant laws and regulations, the disaster prevention plan, the EPR guide, or the nuclear licensee emergency preparedness and response plan" in that paragraph and Article 27, paragraph (2) of that Act is to be read as "pursuant to the provisions of their respective plans and operational plans for the protection of the people, based on applicable laws and regulations (pursuant to the same rules as specified in the nuclear licensee emergency preparedness and response plan in the case of a nuclear licensee)"; "pursuant to the provisions of the relevant laws and regulations, the disaster management plan, the EPR guide, or the nuclear licensee emergency preparedness and response plan" in Article 26, paragraph (3) and Article 27, paragraph (3) of that Act is to be read as "pursuant to the provisions of applicable laws and regulations or the plans of the designated administrative organs and local governments for the protection of the people, or pursuant to the same rules as specified in the nuclear licensee emergency preparedness and response plan"; "the heads of designated local government organizations, and the head or any other executive agency of a local government" in Article 26, paragraph (3) and Article 27, paragraph (3) of that Act is to be read as "the heads of local governments, etc."; "post-disaster measures" in the heading and paragraphs (2) and (3) of that Article is to be read as "measures for recovery"; "post-disaster measures" in paragraph (1) of that Article is to be read as "measures for recovery (meaning the measures to be implemented to prevent the occurrence or expansion of an armed attack nuclear disaster or for recovery from an armed attack nuclear disaster after public notice has been issued under the provisions of the preceding paragraph; the same applies below in this Article)"; "the post-disaster measures implementation area" in item (i) of that paragraph is to be read as "the response measures implementation area"; "the post-disaster measures implementation area, etc." in that item and item (iii) of that paragraph is to be read as "the response measures implementation area, or other necessary areas"; and "preventing the progression (expansion) of a nuclear disaster (including the probability of the occurrence of a nuclear disaster) or promoting nuclear disaster recovery efforts" in item (iv) of that paragraph is to be read as "preventing the occurrence or expansion of an armed attack nuclear disaster or for recovery from an armed attack nuclear disaster".
(14) When a report is issued under the provisions of the first sentence of paragraph (1) or (3), a senior specialist for nuclear emergency preparedness (meaning the senior specialist for nuclear emergency preparedness referred to in Article 30, paragraph (1) of the Act on Special Measures Concerning Nuclear Emergency Preparedness) is to collect information necessary to understand the situation, provide advice on the collection of information by local governments, and perform other duties necessary to facilitate the prevention of the occurrence or expansion of an armed attack nuclear disaster.
(15) The State and local governments must give due consideration to ensuring the safety of individuals implementing measures under the provisions of the preceding two paragraphs.
(Prevention of Armed Attack Disasters Involving Reactors)
Article 106  If an armed attack disaster involving nuclear fuel material (meaning nuclear fuel material as referred to in Article 3, item (ii) of the Atomic Energy Basic Act (Act No. 186 of 1955); the same applies below in this Article) or material contaminated by nuclear fuel material or reactors (meaning reactors as referred to in item (iv) of that Article; the same applies below in this Article) has occurred, or if there is a risk of such a disaster occurring in armed attack situations, etc., the Nuclear Regulation Authority (or, in the case of an event involving transport outside the nuclear facility site, the Nuclear Regulation Authority and the Minister of Land, Infrastructure, Transport and Tourism) may, if it is determined that it is urgently necessary to prevent the occurrence or expansion of such a disaster, order the person prescribed in Article 64, paragraph (1) of the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors (Act No. 166 of 1957), in accordance with the classifications stated in the items of paragraph (3) of that Article, to suspend the use of refining facilities, fuel fabrication facilities, research and test reactor facilities, power reactor facilities, spent fuel storage facilities, reprocessing facilities, waste burial facilities, waste storage facilities, or nuclear fuel material usage facilities referred to in the same paragraph; or to change the location of the nuclear fuel material or the material contaminated by nuclear fuel material; or to take any other measures necessary to prevent the occurrence or expansion of armed attack disasters involving nuclear fuel material, material contaminated by nuclear fuel material, or reactors.
(Prevention of the Spread of Contamination by Radioactive Substances)
Article 107  (1) If the Prime Minister determines that contamination by radioactive substances, radiation, sarin, etc. (meaning the sarin, etc., prescribed in Article 2 of the Act on Prevention of Bodily Harm by Sarin and Similar Substances (Act No. 78 of 1995)), chemical substances, biological agents (meaning the biological agents prescribed in Article 2, paragraph (1) of the Act on Implementing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction and the Other Conventions (Act No. 61 of 1992)), toxins (meaning the toxins prescribed in paragraph (2) of that Article), or other hazardous substances, etc., found to have equal or greater toxicity (referred to below simply as "contamination"), resulting from an armed attack, may endanger the lives, physical safety, or property of the people, the Prime Minister must direct the relevant ministers to implement necessary measures to remove the contaminants and contamination, or to take other necessary measures to prevent the spread of the contamination, in accordance with the Basic Response Plan. In such cases, if it is found urgently necessary to protect the lives, physical safety, or property of the people, the Prime Minister must also direct the ministers to take measures for the rescue and relief of victims, or any other necessary measures.
(2) In the case referred to in the first sentence of the preceding paragraph, if the Prime Minister finds it urgently necessary to protect the lives, physical safety, or property of the people, the Prime Minister may request the relevant prefectural governors to provide the necessary cooperation to prevent the spread of contamination.
(3) In the case referred to in the preceding paragraph, the prefectural governors may, if they find it necessary to promptly implement measures to prevent the spread of contamination, request the mayors of relevant municipalities, the managers or heads of the relevant firefighters unions, or the Superintendent General of the Metropolitan Police Department or the chief the prefectural police headquarters to provide the necessary cooperation.
Article 108  (1) In the case referred to in paragraph (1) or (2) of the preceding Article, when the heads of designated administrative organs, the heads of designated local administrative organs, or the prefectural governors find it particularly necessary to prevent the spread of contamination, they may take the following measures pursuant to a Cabinet Order:
(i) order the possessor of food, drink, clothing, bedding, or other articles that are contaminated or suspected of being contaminated to restrict or prohibit the movement of such articles, or to dispose of them;
(ii) order the person responsible for the management of water used for daily life that is contaminated or suspected of being contaminated to restrict or prohibit the use or supply of such water;
(iii) restrict or prohibit the relocation of corpses that are contaminated or suspected of being contaminated;
(iv) dispose of food, drink, clothing, bedding, or other articles that are contaminated or suspected of being contaminated;
(v) restrict or prohibit entry into buildings that are contaminated or suspected of being contaminated, or seal off such buildings; and
(vi) restrict or block traffic in areas that are contaminated or suspected of being contaminated.
(2) The provisions of the preceding paragraph apply mutatis mutandis to cases in which the mayors of relevant municipalities, the managers or heads of relevant firefighters unions, or the Superintendent General of the Metropolitan Police Department or the chief of the prefectural police headquarters implement measures to prevent the spread of contamination pursuant to the provisions of paragraph (3) of the preceding Article.
(Entry into Land)
Article 109  (1) If the heads of designated administrative organs, the heads of designated local administrative organs, or the prefectural governors find it necessary to implement the measures under the provisions of the preceding two Articles, they may, pursuant to a Cabinet Order, authorize their employees to enter another person's land, buildings, other structures, ships, or aircraft (referred to as "land, etc." in the following paragraph).
(2) An employee who intends to enter another person's land, etc., pursuant to the provisions of the preceding paragraph must carry an identification document and present it to the relevant parties upon request.
(3) The provisions of the preceding two paragraphs apply mutatis mutandis to cases in which the mayors of relevant municipalities, the managers or heads of relevant firefighters unions, or the Superintendent General of the Metropolitan Police Department or the chief of the prefectural police headquarters implement measures to prevent the spread of contamination pursuant to the provisions of Article 107, paragraph (3).
(Ensuring Safety in Connection with Requests for Cooperation)
Article 110  When requesting the relevant prefectural governors, the mayors of relevant municipalities, the managers or heads of relevant firefighters unions, and the Superintendent General of the Metropolitan Police Department or the chief of the prefectural police headquarters to provide the necessary cooperation pursuant to the provisions of Article 107, paragraphs (2) and (3), the Prime Minister and the prefectural governors must give due consideration to ensuring the safety of the employees (including police officers and fire service personnel) of the prefectures, municipalities, and firefighters unions, and must take necessary measures to ensure their safety.
(Precautionary Measures by the Mayors of Municipalities)
Article 111  (1) When an armed attack disaster is at risk of occurring, the mayors of municipalities may, to the extent necessary to prevent the spread of the disaster, instruct the possessors, owners, or managers of equipment or objects that could, in the event of an armed attack disaster, contribute to its spread, to remove such equipment or objects, take safety measures, and carry out other necessary measures.
(2) In the case referred to in the preceding paragraph, if prefectural governors find it urgently necessary to prevent the spread of the armed attack disaster, they may, on their own authority, issue instructions under the provisions of that paragraph. When such instructions are issued, the prefectural governors must immediately notify the mayors of municipalities of that fact.
(3) When requested by the mayor of a municipality or the governor of a prefecture, the chief of police, the head of the regional coast guard office, or other relevant officials may issue instructions under the provisions of paragraph (1). In such cases, the provisions of the second sentence of the preceding paragraph apply mutatis mutandis.
(Evacuation instructions by the Mayors of Municipalities)
Article 112  (1) When an armed attack disaster has occurred or is imminent, the mayors of municipalities may, if they find it particularly necessary to protect residents' lives, physical safety, or property from the armed attack disaster or to prevent its spread, instruct residents in areas found necessary for such evacuation to evacuate (including evacuation indoors; the same applies in paragraph (4)).
(2) When giving instructions under the provisions of the preceding paragraph (referred to below as "evacuation instructions" in this Article), the mayor of a municipality may, if found necessary, give instructions regarding the evacuation destination.
(3) When a mayor of a municipality has given evacuation instructions, the mayor must promptly notify the prefectural governor of the issuance of those instructions.
(4) When the mayors of the municipalities determine that evacuation is no longer necessary, they must immediately issue a public notice stating that evacuation is no longer necessary. In this case, the provisions of the preceding paragraph apply mutatis mutandis.
(5) In the case referred to in paragraph (1), if the prefectural governors find it urgently necessary to protect the lives, physical safety, or property of residents from the armed attack disaster or preventing the spread of the armed attack disaster, they may, on their own authority, issue evacuation instructions to residents of areas for which evacuation is found necessary. In this case, the provisions of paragraph (2) and the first sentence of the preceding paragraph apply mutatis mutandis.
(6) When prefectural governors issue evacuation instructions, they must immediately notify the mayors of municipalities of that fact.
(7) In the case referred to in paragraph (1), when it is determined that there is no time to wait for evacuation instructions from the mayors of municipalities or prefectural governors, or when a request is made by them, police officers or Coast Guard officers may issue evacuation instructions to residents of areas found to require evacuation. In such cases, the provisions of paragraph (2) and the preceding paragraph apply mutatis mutandis.
(8) The provisions of paragraphs (1) and (2) apply mutatis mutandis to the performance of duties by uniformed members of Self-Defense Forces units, etc., ordered to be mobilized, but only cases where the mayor of a municipality or other persons authorized to exercise the authority of the mayor as prescribed in paragraph (1) are unable to issue evacuation instructions. In such cases, the provisions of paragraph (6) apply mutatis mutandis.
(9) The provisions of paragraphs (3) and (4) apply mutatis mutandis when the mayor of a municipality receives a notification under the provisions of the preceding two paragraphs.
(Emergency Official Use)
Article 113  (1) When an armed attack disaster has occurred or is imminent within a municipality, and the mayor of the municipality finds it urgently necessary to implement measures in response to the armed attack disaster, the mayor may, pursuant to Cabinet Order, temporarily use land, buildings, and other structures belonging to third parties within the municipality, or may use or expropriate earth, stone, bamboo, wood, and other objects.
(2) When an armed attack disaster has occurred or is imminent within a municipality, and the mayor of the municipality finds it urgently necessary to implement measures in response, the mayor may remove structures or objects at the site of the disaster that may impede the implementation of such measures (referred to below as "structures, etc." in this paragraph and the following paragraph), and may implement other necessary measures. In such cases, any structures, etc., that have been removed must be preserved.
(3) When an armed attack disaster has occurred or is imminent within a prefecture, and the prefectural governor finds it urgently necessary to implement measures in response, the prefectural governor may implement the measures referred to in paragraph (1) and the first sentence of the preceding paragraph. In such cases, any structures, etc., that have been removed must be preserved.
(4) The provisions of Article 64, paragraphs (3) through (6) of the Basic Act on Disaster Management apply mutatis mutandis to the cases referred to in the second sentence of paragraph (2) and the second sentence of the preceding paragraph. In such cases, the term "the mayor of a municipality" in paragraphs (3), (4) and (6) of that Article is to be read as "the mayor of a municipality or a prefectural governor", and the phrase "to a municipality" in the same paragraph, is to be read as "to a municipality or a prefecture".
(5) The provisions of Article 64, paragraphs (7) through (10) of the Basic Act on Disaster Management apply mutatis mutandis to the cases referred to in paragraph (1) and the first sentence of paragraph (2). In this case, the following phrases are to be read as follows: "paragraph (2) of the preceding Article" in paragraphs (7) and (9) of that Article is to be read as "Article 63, paragraph (2) of the Basic Act on Disaster Management"; "if the mayor of a municipality or employees of the municipality exercising the authority of the mayor prescribed in that paragraph delegated by them are not on the site" in Article 63, paragraph (2) of that Act, which is applied mutatis mutandis pursuant to paragraph (7) of that Article is to be read as "when it is determined that there is no time to wait for measures to be implemented by the prefectural governor under the provisions of the same paragraph"; "request" in Article 63, paragraph (2) of that Act, which is applied mutatis mutandis pursuant to paragraph (7) of that Article is to be read as "request"; "uniformed members of Self-Defense Forces units, etc. ordered to be dispatched for disaster relief operations" in Article 64, paragraphs (8) and (9) of that Act is to be read as "the uniformed members of Self-Defense Forces units, etc., ordered to be mobilized, etc."; "the chief of police and others" in that paragraph and paragraph (10) of that Article is to be read as "the chief of police or the head of a regional coast guard, etc."; "provided for by Cabinet Office Order" in paragraph (9) of that Article is to be read as "specified by Cabinet Order"; and "the head of a regional coast guard office provided for by Cabinet Order" in paragraph (10) of that Article is to be read as "the head of a regional coast guard office, etc.".
(Establishment of Hazard Areas)
Article 114  (1) When an armed attack disaster has occurred or is imminent, and the mayors of municipalities find it particularly necessary to prevent danger to the lives or physical safety of residents arising from the disaster, the mayors may establish hazard areas, restrict or prohibit access to these areas by persons other than those implementing measures related to the response to the armed attack disaster, or order people to vacate the hazard areas.
(2) In the case referred to in the preceding paragraph, when prefectural governors find it urgently necessary to prevent danger to the lives or physical safety of residents arising from an armed attack disaster, they may, on their own authority, implement the measures prescribed in that paragraph. In such cases, the prefectural governors must immediately notify the mayors of the municipalities of that fact.
(3) In the case referred to in paragraph (1), when it is deemed that there is no time to wait for the measures prescribed in that paragraph to be taken by the mayors of municipalities or the prefectural governors, or upon their request, police officers or Coast Guard officers may take the measures prescribed in that paragraph. In this case, the provisions of the second sentence of the preceding paragraph apply mutatis mutandis.
(4) The provisions of paragraph (1) apply mutatis mutandis to the performance of duties by uniformed members of Self-Defense Forces units, etc., ordered to be mobilized, but only in cases where the mayor of a municipality or other persons authorized to exercise the authority of the mayor as prescribed in that paragraph are not present at the scene. In such cases, the provisions of the second sentence of paragraph (2) apply mutatis mutandis.
(Cooperation in Extinguishing Fires, Transporting Injured Persons, and Rescuing Victims)
Article 115  (1) When an armed attack disaster has occurred or is imminent within a municipality or prefecture, and the mayor of the municipality, fire service personnel, or other municipal employees, the prefectural governor, prefectural employees, or police officers, etc. find it urgently necessary to take measures for responding to the disaster, such as extinguishing fires, transporting the injured, rescuing victims, or carrying out other response measures, they may request the cooperation of residents within the relevant municipality or prefecture for the necessary assistance in carrying out those measures.
(2) In the case referred to in the preceding paragraph, the mayor of the municipality or other persons prescribed in that paragraph must give due consideration to ensuring the safety of those providing cooperation for the necessary assistance in implementing measures related to the response to the armed attack disaster, in response to the request.
(Special Provisions for the Disposal of Drifting Debris)
Article 116  (1) When an armed attack disaster occurs, if the chief of police or the head of the regional coast guard office, etc. has removed flotsam or submerged goods as prescribed in Article 29, paragraph (1) of the Sea Casualties Rescue Act (Act No. 95 of 1899), they may retain custody of such objects, notwithstanding the provisions of that paragraph.
(2) The provisions of Chapter II of the Sea Casualties Rescue Act apply mutatis mutandis to cases in which the chief of police or the head of the regional coast guard office, etc., has retained custody of flotsam or submerged goods pursuant to the provisions of the preceding paragraph.
(Instructions by Prefectural Governor When an Armed Attack Disaster Occurs)
Article 117  (1) When an armed attack disaster has occurred or is imminent, and the prefectural governor finds it urgently necessary, they may instruct, which in the prefecture, the mayors of municipalities, fire chiefs, or flood controllers (meaning the flood controllers referred to in Article 2, paragraph (3) of the Flood Control Act (Act No. 193 of 1949)) to take the necessary measures for defense against the armed attack disaster.
(2) When the Commissioner of the Fire and Disaster Management Agency finds it particularly urgent to save lives and provide other assistance, and that there is no time to wait for instructions from the prefectural governor under the provisions of the preceding paragraph, the Commissioner may personally instruct the mayors of the municipalities within the prefecture to implement firefighting measures to prevent the armed attack disaster. In such cases, the Commissioner of the Fire and Disaster Management Agency is to promptly notify the prefectural governor of the instruction.
(Instructions by the Commissioner of the Fire and Disaster Management Agency on Firefighting Measures to Prevent Armed Attack Disasters)
Article 118  When the Commissioner of the Fire and Disaster Management Agency finds it particularly necessary to ensure that firefighting measures to prevent armed attack disasters are implemented accurately and promptly, the Commissioner may instruct prefectural governors regarding such measures.
(Instructions by the Commissioner of the Fire and Disaster Management Agency Regarding Firefighting Support)
Article 119  (1) Regarding support or assistance for firefighting (referred to below as "firefighting support, etc." in this paragraph and the following paragraph) in municipalities where an armed attack disaster has occurred (including municipalities where an armed attack disaster is imminent; referred to below as "affected municipalities" in this Article), the Commissioner of the Fire and Disaster Management Agency may, upon a request from the governor of the prefecture to which the affected municipalities belong and when deemed necessary, instruct the governors of prefectures other than the relevant prefecture to implement the measures necessary for firefighting support, etc., for the affected municipalities.
(2) In the case referred to in the preceding paragraph, when the Commissioner of the Fire and Disaster Management Agency finds that the matter is so urgent—given the scale of the armed attack disaster—that there is no time to wait for the request described in that paragraph, the Commissioner may, without waiting for such a request, instruct the governors of prefectures other than the prefecture to which the affected municipalities belong to implement the necessary measures for firefighting support, etc., for those affected municipalities for which urgent firefighting support, etc., is deemed necessary. In such cases, the Commissioner of the Fire and Disaster Management Agency is to promptly notify the governor of the prefecture to which the affected municipalities belong of such instruction.
(3) When implementing the necessary measures in response to instructions from the Commissioner of the Fire and Disaster Management Agency under the provisions of the preceding two paragraphs, the prefectural governors may, if deemed necessary, instruct the mayors of municipalities within their prefectures to implement measures, including the dispatch of fire department personnel to provide support.
(4) In the case referred to in paragraph (1) or (2), when the Commissioner of the Fire and Disaster Management Agency finds it particularly urgent to save lives and provide other assistance, and that it is necessary to implement measures accurately and promptly on a wide-area basis—such as dispatching fire department personnel for support—the Commissioner may personally instruct the mayors of municipalities other than the relevant affected municipalities to implement such measures, including dispatch for support, when these are urgently needed for the affected municipalities. In such cases, the Commissioner of the Fire and Disaster Management Agency is to promptly notify the governor of the prefecture to which the instructed municipalities belong (in the case referred to in paragraph (1)), and to the governors of the relevant prefectures as well as the governor of the prefecture to which the affected municipalities belong (in the case referred to in paragraph (2)), accordingly.
(Ensuring Safety in Connection with Firefighting)
Article 120  When giving instructions under the provisions of the preceding three Articles, the Commissioner of the Fire and Disaster Management Agency and the prefectural governors must give due consideration to the safety of the personnel dispatched to implement the measures prescribed in these provisions and take the necessary measures to ensure their safety.
(Special Provisions for Designation of Infectious Diseases)
Article 121  (1) In armed attack situations, etc., where a known infectious disease (excluding class I infectious diseases (meaning the class I infectious diseases referred to in Article 6, paragraph (2) of the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (Act No. 114 of 1998))) has occurred or is at risk of occurring as a result of an armed attack, and the Minister of Health, Labour and Welfare considers that the disease may cause a serious impact on the lives and health of the people unless all or part of the provisions of Chapters III through VII of that Act are applied mutatis mutandis, the Minister may designate the disease as a specified infectious disease referred to in paragraph (8) of that Article, notwithstanding the provisions of that paragraph. In this case, regarding the application of the provisions of Article 44-9 of that Act, the following phrases are to be read as follows: "the period specified by Cabinet Order" in paragraphs (1) and (2) of that Article is to be read as "the period specified by the Minister of Health, Labour and Welfare"; "pursuant to the provisions of Cabinet Order" in paragraph (1) of that Article is to be read as "as specified by the Minister of Health, Labour and Welfare"; "the period specified by Cabinet Order as referred to in the preceding paragraph" in paragraph (2) of that Article is to be read as "the period specified by the Minister of Health, Labour and Welfare as referred to in the preceding paragraph"; "the disease specified by the Cabinet Order" in paragraph (2) of that Article is to be read as "the disease specified by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 121, paragraph (1) of the Act Concerning Measures for the Protection of the People in Armed Attack Situations,etc"; and "pursuant to the Cabinet Order referred to in that paragraph" in paragraph (2) of that Article is to be read as "pursuant to the provisions of the preceding paragraph, as specified by the Minister of Health, Labour and Welfare".
(2) In armed attack situations, etc., where an infectious disease—other than the quarantinable infectious diseases referred to in Article 2 of the Quarantine Act (Act No. 201 of 1951) (excluding the new infectious diseases referred to in Article 34-2, paragraph (1) of that Act)—has occurred or is at risk of occurring as a result of an armed attack, and the Minister of Health, Labour and Welfare considers that the pathogens of the disease may enter the country and cause a serious impact on the lives and health of the people if quarantine measures are not imposed, the Minister may designate the disease as a type of infectious disease and apply the provisions of Chapter II, Article 2-2, and Chapter IV (excluding Articles 34-2 through 40) of that Act, as specified by the Minister, notwithstanding the provisions of Article 34 of that Act. In this case, notwithstanding the provisions of Article 16, paragraph (3) of that Act, the Minister of Health, Labour and Welfare may specify the period of activity restrictions referred to in paragraph (1) of that Article, taking into account the incubation period of the infectious disease.
(3) In armed attack situations, etc., where an infectious disease (excluding category A diseases referred to in Article 2, paragraph (2) of the Immunization Act (Act No. 68 of 1948) (referred to below as "category A disease" in this paragraph) and category B diseases referred to in paragraph (3) of that Article) has occurred or is at risk of occurring as a result of an armed attack, and the Minister of Health, Labour and Welfare deems immunization particularly necessary to prevent the occurrence or spread of the disease, the Minister may designate the disease as a category A disease, notwithstanding the provisions of paragraph (2), items (xii) and (xiii) of that Article.
(Special Provisions for Burial and Cremation)
Article 122  In cases where burial or cremation cannot be carried out smoothly due to the occurrence of a large-scale armed attack disaster, the Minister of Health, Labour and Welfare may, if the Minister finds it urgently necessary to prevent the occurrence of a public health hazard, and pursuant to Cabinet Order, establish special provisions regarding the procedures prescribed in Articles 5 and 14 of the Act on Cemetery and Burial (Act No. 48 of 1948) for a period specified by the Minister, .
(Cooperation in Ensuring Health and Sanitation)
Article 123  (1) The head or employees of a local government, when they find it urgently necessary to take measures for maintaining residents' health or ensuring environmental hygiene within the local government's jurisdiction in response to the occurrence of an armed attack disaster, may request residents within the jurisdiction to cooperate in providing the assistance necessary for carrying out such measures.
(2) In the case referred to in the preceding paragraph, the head or employees of the local government must give due consideration to ensuring the safety of persons cooperating in providing the assistance necessary to implement measures to maintain the health of residents and to ensure environmental hygiene.
(Special Provisions for Waste Disposal)
Article 124  (1) When the Minister of the Environment finds it particularly necessary to prevent the deterioration of the living environment due to the occurrence of a large-scale armed attack disaster, the Minister may, for a limited period, designate a region as a special region where the disposal of waste (meaning the waste referred to in Article 2, paragraph (1) of the Waste Management and Public Cleaning Act (Act No. 137 of 1970; referred to below as "Waste Management Act" in the following paragraph and paragraph (3)); the same applies below in this Article) must be expedited.
(2) When the Minister of the Environment has designated the special region referred to in the preceding paragraph (simply referred to below as "the special region" in this Article), the Minister is to establish standards for the collection, transport or disposal of waste to be applied in the special region and standards when the collection, transport or disposal of waste is entrusted to persons other than municipalities. In this case, these standards (referred to below as "special standards" in this Article) are deemed to be the standards prescribed in Article 6-2, paragraphs (2) and (3), Article 12, paragraph (1), and Article 12-2, paragraph (1) of the Waste Management Act.
(3) Notwithstanding the provisions of the main text of Article 7, paragraph (1) or (6), the main text of Article 14, paragraph (1) or (6), or the main text of Article 14-4, paragraph (1) or (6) of the Waste Management Act, the head of a local government may, as provided in the special standards, allow a person who has not obtained permission under those provisions to engage in the collection, transport, or disposal of waste as a business in the special region.
(4) In the case referred to in the preceding paragraph, if a person who engages in the collection, transport, or disposal of waste as a business pursuant to the provisions of that paragraph conducts such activities in a manner that does not conform to the special standards, the head of the local government may instruct the person, within a specified period, to change the method of collection, transport, or disposal and to take other necessary measures.
(5) When the Minister of the Environment has specified a special region pursuant to the provisions of paragraph (1) or has established special standards pursuant to the provisions of paragraph (2), the Minister must issue a public notice stating that a special region has been specified or special standards have been established.
(Special Provisions for the Protection of Cultural Properties)
Article 125  (1) When the Commissioner for Cultural Affairs finds it particularly necessary to prevent the loss, destruction, or other damage of important cultural properties, etc., (meaning important cultural properties (meaning the important cultural properties referred to in Article 27, paragraph (1) of the Law for the Protection of Cultural Properties (Law No. 214 of 1950)); important tangible folk cultural properties (meaning the important tangible folk cultural properties referred to in Article 78, paragraph (1) of that Law); or historic sites, places of scenic beauty, and natural monuments (meaning the historic sites, places of scenic beauty, and natural monuments referred to in Article 109, paragraph (1) of that Law); the same applies below in this paragraph and in paragraph (3)) due to an armed attack disaster, the Commissioner may, pursuant to the provisions of Article 172, paragraph (1) of that Law, order or recommend the owners, managers (meaning the managers referred to in Article 31, paragraph (2) (including as applied mutatis mutandis under Article 80 of that Law) and Article 119, paragraph (2) of that Law), management organs (meaning the management organs referred to in Article 32-2, paragraph (5) (including as applied mutatis mutandis under Article 80 of that Law) and Article 115, paragraph (1) of the same Law), or local governments and other juridical persons managing the important cultural properties, etc., (referred to below as "owners, etc." in this Article), to change the location or method of management of the relevant important cultural properties, etc., and to take other necessary measures for their protection.
(2) The provisions of Article 36, paragraphs (2) and (3) and Article 188, paragraph (3) of the Law for the Protection of Cultural Properties apply mutatis mutandis to the case referred to in the preceding paragraph.
(3) Owners, etc., of important cultural properties, etc., who intend to implement the necessary measures in accordance with the order or recommendation under the provisions of paragraph (1) may request the Commissioner for Cultural Affairs to provide the assistance necessary to protect the relevant important cultural properties, etc.
(4) In the case referred to in paragraph (1), if the owners, etc., of national treasures (meaning the national treasures referred to in Article 27, paragraph (2) of the Law for the Protection of Cultural Properties; the same applies below in this Article and Article 192, item (iii)) or of special historic sites, places of scenic beauty, and natural monuments (meaning the special historic sites, places of scenic beauty, and natural monuments referred to in Article 109, paragraph (2) of that Law; the same applies below in this Article and Article 192, item (iii)) fail to comply with the order issued under the provisions of paragraph (1), or if it is deemed inappropriate for the owners etc., to implement measures to prevent the loss, destruction, or other damage to national treasures or special historic sites, places of scenic beauty, and natural monuments, the Commissioner for Cultural Affairs may personally implement those measures as necessary.
(5) The provisions of Article 38, paragraph (2), Article 39, paragraphs (1) and (2), and Article 186, paragraph (1) of the Law for the Protection of Cultural Properties apply mutatis mutandis to the case referred to in the preceding paragraph.
(6) The provisions of Article 39, paragraphs (1) and (2) of the Law for the Protection of Cultural Properties apply mutatis mutandis when the board of education of a prefecture (or, in the case of a prefecture where the head is responsible for managing and executing affairs concerning the protection of cultural properties pursuant to the ordinance referred to in Article 23, paragraph (1) of the Act on the Organization and Operation of Local Educational Administration (Act No. 162 of 1956), the governor of the relevant prefecture; the same applies in the following paragraph) implements the measures referred to in paragraph (4) based on the entrustment under the provisions of Article 186, paragraph (1) of the Law for the Protection of Cultural Properties, which is applied mutatis mutandis in the preceding paragraph.
(7) Without justifiable grounds, owners, etc., of national treasures or special historic sites, places of scenic beauty, and natural monuments must not refuse, obstruct, or evade the measures implemented by the Commissioner for Cultural Affairs based on the provisions of paragraph (4), or the measures implemented by the prefectural board of education based on entrustment under the provisions of Article 186, paragraph (1) of the Law for the Protection of Cultural Properties, as applied mutatis mutandis pursuant to paragraph (5).
Section 3 Collection of Disaster Information
(Collection of Disaster Information)
Article 126  (1) The heads of designated administrative organs, etc., must endeavor to collect information on the status of damage caused by armed attack disasters (referred to below as "disaster information) as specified in their respective plans or operational plans for the protection of the people.
(2) The relevant organizations possessing disaster information must endeavor to cooperate in the collection of the disaster information under the provisions of the preceding paragraph.
(Reporting of Disaster Information)
Article 127  (1) The mayors of municipalities and designated local public institutions must promptly report the disaster information collected pursuant to the provisions of paragraph (1) of the preceding Article to the prefectural governors.
(2) The prefectural governors must promptly report the disaster information collected pursuant to the provisions of paragraph (1) of the preceding Article or reported pursuant to the provisions of the preceding paragraph to the Minister for Internal Affairs and Communications.
(3) The Minister for Internal Affairs and Communications must promptly report the disaster information reported pursuant to the provisions of the preceding paragraph to the chairperson of the government headquarters.
(4) The heads of designated local administrative organs and designated public institutions must promptly report the disaster information collected pursuant to the provisions of paragraph (1) of the preceding Article to the heads of the designated administrative organs with jurisdiction over the relevant designated local administrative organs or with administrative oversight of the relevant designated public institutions.
(5) In addition to the provisions of paragraph (3), the heads of designated administrative organs must promptly report to the chairperson of the government headquarters any disaster information collected pursuant to the provisions of paragraph (1) of the preceding Article, or reported pursuant to the provisions of the preceding paragraph.
(Public Announcement of Disaster Information)
Article 128  (1) The chairperson of the government headquarters must compile the disaster information reported pursuant to the provisions of paragraphs (3) and (5) of the preceding Article, report such information to the Prime Minister at an appropriate time, and make its content public.
(2) Upon receiving a report pursuant to the provisions of the preceding paragraph, the Prime Minister must promptly report its content to the Diet.
Chapter V Measures for Stabilizing the People's Livelihood
Section 1 Measures for Stabilizing the People's Livelihood
(Stabilization of Prices of Essential Goods)
Article 129  In armed attack situations, etc., when there is, or is at risk of, a sharp rise in prices or a shortage in the supply of goods or services that are highly relevant to the lives of the people or important to the national economy, the heads of designated administrative organs, the heads of designated local administrative organs, and the heads of local governments must, as specified in their respective plans for the protection of the people, implement measures based on the provisions of the Act on Emergency Measures against Acts of Buying Up or Holding Back Sales of Goods Related to Everyday Life (Act No. 48 of 1973), the Act on Emergency Measures for Stabilizing Living Conditions of the Public (Act No. 121 of 1973), the Prices Control Order (Imperial Order No. 118 of 1946), and other applicable laws and regulations, as well as any other appropriate measures.
(Deferment of Payment of Monetary Obligations)
Article 130  (1) When an extremely large-scale armed attack disaster has occurred, and there is an urgent need to preserve the economic order of the State and ensure public welfare, and the Diet is in recess or the House of Representatives has been dissolved, and there is no time to decide to convene an extraordinary session of the Diet or to request an emergency session of the House of Councilors and await the measures of such a session, the Cabinet may, by Cabinet Order, take necessary measures to defer the payment of monetary obligations (excluding the payment of wages and other monetary obligations arising from labor relations, and payments from banks or other financial institution deposits, etc. for that purpose) and to extend the duration of a creditor's rights.
(2) The provisions of Article 109, paragraphs (3) through (7) of the Basic Act on Disaster Management apply mutatis mutandis to the case referred to in the preceding paragraph.
(Preservation of Rights and Interests of Victims of Specified Armed Attack Disasters)
Article 131  The provisions of Articles 2 through 8 of the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster (Act No. 85 of 1996) apply mutatis mutandis when an extremely unusual and severe armed attack disaster has occurred. In this case, the following terms are to be read as follows: "specified extraordinary disaster" in the headings of Articles 2 and 8 of that Act is to be read as "specified armed attack disaster"; "the extraordinary disaster" in Article 2, paragraph (1) of that Act is to be read as "the armed attack disaster"; "as specified disaster" in Article 2, paragraph (1) of that Act is to be read as "as specified armed attack disaster"; "the specified extraordinary disaster" in Article 2, paragraph (1) of that Act is to be read as "the specified armed attack disaster"; "the date of occurrence of the specified extraordinary disaster" in that paragraph, Article 3, paragraph (1), Article 4, paragraph (1), Article 5, paragraphs (1) and (5), Article 6, and Article 7 of that Act is to be read as "the date of occurrence of the specified armed attack disaster"; "due to specified disaster" in Article 2, paragraph (2), Article 4, paragraphs (1) and (2), Article 5, paragraph (1), Article 6, and Article 7 of that Act is to be read as "due to specified armed attack disaster"; and "of the specified extraordinary disaster" in Article 3, paragraphs (1) and (3) is to be read as "of specified armed attack disaster".
(Financing for Armed Attack Disasters)
Article 132  When a large-scale armed attack disaster occurs, government-affiliated financial institutions must endeavor to provide special financing related to the disaster, extend maturity dates or grace periods, refinance existing debts, and, if necessary, lower interest rates, as well as implement other measures appropriate to the actual circumstances.
(Stability of Currency and Finance)
Article 133  In armed attack situations, etc., the Bank of Japan must, as specified in its operational plan for the protection of the people, implement the necessary measures to maintain credit order by issuing bank notes, conducting currency and financial adjustments, and ensuring the smooth settlement of funds among banks and other financial institutions.
Section 2 Measures for Securing Infrastructure
(Stable Supply of Electricity, Gas, and Water)
Article 134  (1) Designated public institutions and designated local public institutions that are electricity utilities (meaning the electricity utilities referred to in Article 2, paragraph (1), item (xvii) of the Electricity Business Act (Act No. 170 of 1964)) or gas suppliers (meaning the gas suppliers referred to in Article 2, paragraph (12) of the Gas Business Act (Act No. 51 of 1954)) must implement the measures necessary to supply electricity or gas stably and adequately in armed attack situations, etc., as specified in their respective operational plans for the protection of the people.
(2) Local governments and designated local public institutions that are water suppliers (meaning the water suppliers referred to in Article 3, paragraph (5) of the Water Supply Act (Act No. 177 of 1958)), wholesale water suppliers (meaning the wholesale water suppliers referred to in that paragraph), or industrial water suppliers (meaning the industrial water suppliers referred to in Article 2, paragraph (5) of the Industrial Water Supply Business Act (Act No. 84 of 1958)) must, as specified in their respective plans and operational plans for the protection of the people, implement the measures necessary to supply water stably and adequately in an armed attack situation, etc.
(Securing Transport, Communications, and Mail)
Article 135  (1) Designated public institutions and designated local public institutions that are transport operators must implement the measures necessary to secure the transport of passengers and freight in armed attack situations, etc., as specified in their respective operational plans for the protection of the people.
(2) Designated public institutions and designated local public institutions that are telecommunications carriers must implement the measures necessary to secure communications and to give priority to communications required for the implementation of measures for the protection of the people in armed attack situations, etc., as specified in their respective operational plans for the protection of the people.
(3) Designated public institutions and designated local public institutions that are postal service operators or general correspondence delivery operators (meaning the general correspondence delivery operators referred to in Article 2, paragraph (6) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002)) must implement the measures necessary to secure the delivery of mail and correspondence in armed attack situations, etc., as specified in their respective operational plans for the protection of the people.
(Securing Medical Care)
Article 136  Designated public institutions and designated local public institutions that are hospitals or other medical institutions must implement the measures necessary to secure medical care in armed attack situations, etc., as specified in their respective operational plans for the protection of the people.
(Appropriate Management of Public Facilities)
Article 137  Designated public institutions and designated local public institutions that are administrators of river management facilities (meaning the river management facilities referred to in Article 3, paragraph (2) of the River Act (Act No. 167 of 1964); the same applies below in this Article), roads (meaning the roads referred to in Article 2, paragraph (1) of the Road Act (Act No. 180 of 1952) and limited highways referred to in Article 2, paragraph (8) of the Road Transportation Act (Act No. 183 of 1951); the same applies below in this Article), ports and harbors (meaning the ports and harbors referred to in the provisions of the Port and Harbour Act (Act No. 218 of 1950); the same applies below in this Article), and airports (meaning the airports stated in the items of Article 4, paragraph (1) of the Airport Act (Act No. 80 of 1956) and regional airports prescribed in Article 5, paragraph (1) of that Act; the same applies below in this Article) must appropriately manage the river management facilities, roads, ports and harbors, and airports in armed attack situations, etc., as specified in their respective operational plans for the protection of the people.
(Guidance and Advice on Armed Attack Disasters)
Article 138  Designated public institutions that conduct research on disasters as part of their duties must endeavor to provide guidance, advice, or other assistance to the State, local governments, and other designated public institutions for the prevention and mitigation of armed attack disasters and for recovery from them, as specified in their operational plans for the protection of the people.
Section 3 Emergency Restoration
(Emergency Restoration)
Article 139  Heads of designated administrative organs, etc., must, when facilities and equipment under their management have been damaged due to an armed attack disaster, implement the measures necessary for the emergency restoration of such facilities and equipment, as specified in their respective plans and operational plans for the protection of the people.
(Request for Assistance with Emergency Restoration)
Article 140  In the case referred to in the preceding Article, a prefectural governor, etc., or a designated public institution may request assistance from the heads of designated administrative organs or the heads of designated local administrative organs, and the mayor of a municipality, etc., or a designated local public institution may request assistance from the prefectural governor, etc., regarding measures necessary for emergency restoration.
Chapter VI Recovery, Stockpiling, and Other Measures
(Restoration after Armed Attack Disasters)
Article 141  Heads of designated administrative organs, etc., must make restoration efforts following armed attack disasters, as specified in their respective plans and operational plans for the protection of the people.
(Stockpiling of Supplies and Materials Necessary for Evacuation and Relief)
Article 142  The heads of designated administrative organs, designated local administrative organs, and local governments, etc., must, as specified in their respective plans for the protection of the people, stockpile, maintain, or inspect supplies and materials necessary for the evacuation of residents and the relief for evacuated residents, etc., and must also maintain or inspect facilities and equipment under their management that are necessary for such evacuation and relief.
(Supply of Stockpiled Supplies in the Case of Accepting Evacuated Residents)
Article 143  When a prefectural governor and the mayor of a municipality accepts evacuated residents, etc., from other prefectures and municipalities, they must, as necessary, provide stockpiled supplies or materials for their relief.
(Request for Supply of Goods and Materials)
Article 144  When a prefectural governor or the mayor of a municipality finds it difficult to accurately and promptly implement measures for the protection of the people during the evacuation of residents and the relief for evacuated residents, etc., due to a shortage of stockpiled supplies or materials, the governor may request the heads of designated administrative organs or designated local administrative organs, and the mayor may request the governor, to take the necessary measures to supply such supplies or materials.
(Stockpiling of Supplies and Materials Necessary for Measures for the Protection of the People)
Article 145  In addition to what is prescribed in Article 142, the heads of designated administrative organs, etc., must, as specified in their respective plans and operational plans for the protection of the people, stockpile, maintain, or inspect supplies and materials necessary for the implementation of measures for the protection of the people with respect to affairs or operations under their jurisdiction, and must also maintain or inspect facilities and equipment under their management that are necessary for the implementation of such measures.
(Relationship with Stockpiling under the Provisions of the Basic Act on Disaster Management)
Article 146  The stockpiling of supplies and materials under the provisions of Article 142 and the preceding Article may be regarded as the stockpiling of supplies and materials under the provisions of Article 49 of the Basic Act on Disaster Management, and vice versa.
(Mutual Cooperation in the Supply of Stockpiled Supplies)
Article 147  Heads of designated administrative organs, etc., must endeavor to cooperate with one another in armed attack situations, etc., concerning the supply of their stockpiled supplies and materials.
(Designation of Evacuation Facilities)
Article 148  (1) A prefectural governor must, in advance, designate facilities that meet the criteria specified by Cabinet Order, including evacuation facilities for residents and facilities providing relief for evacuated residents, etc.
(2) When a prefectural governor intends to designate an evacuation facility pursuant to the provisions of the preceding paragraph, the governor must obtain the consent of the manager of the relevant facility.
(Notification Concerning Evacuation Facilities)
Article 149  When the manager of a facility designated as an evacuation facility referred to in paragraph (1) of the preceding Article intends to abolish the facility or make an important change specified by Cabinet Order to the existing conditions of the facility due to a change of use, renovation, or other reasons, the manager must notify the prefectural governor who made the designation under the provisions of that paragraph.
(Surveys and Studies on Evacuation Facilities)
Article 150  The national government must endeavor to conduct surveys and studies on evacuation facilities that are equipped with the functions necessary to protect the lives and physical safety of the people from armed attack disasters, and to promote the development of such facilities.
(Request for the Dispatch of Employees)
Article 151  (1) When necessary for implementing measures for the protection of the people, the head of a local government, etc., may request the head of a designated administrative organ, the head of a designated local administrative organ, or a specified designated public institution (meaning an agency engaged in administrative conduct (as referred to in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999)), which is also a designated public institution; the same applies below in this paragraph and Article 153), to dispatch their employees, pursuant to Cabinet Order.
(2) When a committee and members of a local government intend to request the dispatch of employees pursuant to the provisions of the preceding paragraph, they must consult with the head of the relevant local government in advance.
(3) The mayors of municipalities, when requesting the dispatch of employees under the provisions of paragraph (1), are to do so through the prefectural governor, etc. However, this does not apply in cases of special urgency where it is necessary to save lives or provide other assistance.
(Arrangement of the Dispatch of Employees)
Article 152  (1) A prefectural governor, etc., or the mayor of a municipality, etc., may request the Minister for Internal Affairs and Communications or a prefectural governor to arrange the dispatch of employees referred to in paragraph (1) of the preceding Article, pursuant to Cabinet Order.
(2) When it is necessary for the implementation of measures for the protection of the people, a prefectural governor, etc., or a municipal mayor, etc., may, pursuant to Cabinet Order, request the Minister for Internal Affairs and Communications or a prefectural governor to arrange the dispatch of employees, in the case of a prefectural governor, etc., employees referred to in Article 252-17, paragraph (1) of the Local Autonomy Act; in the case of a municipal mayor, etc., either such employees or employees referred to in Article 124, paragraph (1) of the Local Independent Administrative Institution Act (limited to employees of specified local independent administrative institutions referred to in Article 2, paragraph (2) of that Act, which are designated local public institutions (referred to as "specified designated local public institutions" in the following Article)).
(3) The provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis when arrangement is requested pursuant to the provisions of the preceding two paragraphs.
(Obligation to Dispatch Employees)
Article 153  Upon a request for arrangement under the provisions of the preceding two Articles, heads of designated administrative organs, heads of designated local administrative organs, heads of local governments, etc., as well as specified designated public institutions and specified designated local public institutions, must dispatch employees deemed suitable, unless doing so would seriously hamper the execution of affairs or services under their jurisdiction.
(Handling of the Status of Dispatched Employees)
Article 154  The provisions of Article 32 of the Basic Act on Disaster Management apply mutatis mutandis to the handling of the status of employees dispatched for the implementation of measures for the protection of the people pursuant to the provisions of the preceding Article or other Acts. In this case, the term "disaster dispatch allowance" in Article 32 of that Act is to be read as "dispatch allowance for armed attack disasters, etc.".
(Traffic Restrictions)
Article 155  (1) When the prefectural public safety commission finds it urgently necessary to ensure the accurate and prompt implementation of measures for the protection of the people—such as the evacuation of residents and the transportation of emergency supplies—the commission may, pursuant to Cabinet Order, designate an area or a section of a road, and prohibit or restrict the passage of vehicles other than emergency motor vehicles (meaning the emergency motor vehicles and other vehicles referred to in Article 39, paragraph (1) of the Road Traffic Act (Act No. 105 of 1960), for which passage is specified by Cabinet Order as particularly necessary for the accurate and prompt implementation of measures for the protection of the people) on that road.
(2) The provisions of Article 76, paragraph (2), and Articles 76-2, 76-3, and 76-5 of the Basic Act on Disaster Management apply mutatis mutandis to the prohibition or restriction of passage under the provisions of the preceding paragraph. In this case, the phrase "paragraph (1) of the preceding Article" in Article 76-2, paragraph (5) of that Act and the phrase "Article 76, paragraph (1)" in Article 76-3, paragraph (5) of that Act is to be read as "Article 155, paragraph (1) of the Act Concerning Measures for the Protection of the People in Armed Attack Situations, Etc."; the term "emergency disaster control measures" in paragraphs (1), (3), and (4) of that Article and Article 76-5 of that Act is to be read as "measures for the protection of the people"; and the phrase "uniformed members of Self-Defense Forces units, etc. ordered to be dispatched for disaster relief operations" in Article 76-3, paragraphs (3) and (6) of that Act is to be read as "uniformed members of Self-Defense Forces units, etc., ordered to be mobilized, etc.".
(Priority Use of Telecommunications Facilities)
Article 156  Heads of designated administrative organs, designated local administrative organs, or local governments may, when communications are deemed urgent and particularly necessary for the implementation of measures for the protection of the people, be given priority access to telecommunications facilities provided by telecommunications carriers for their services, or may use wireless telecommunications facilities or wireless facilities installed by persons stated in Article 3, paragraph (4), item (iv) of the Wire Telecommunications Act (Act No. 96 of 1953).
(Issuance of the Red Cross Emblem)
Article 157  (1) In armed attack situations, etc., no person must use a special signal (meaning the special signal referred to in Article 8 (m) of Additional Protocol I (meaning the Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the protection of victims of international armed conflicts (Protocol I); the same applies below in this paragraph and in paragraph (1) of the following Article); the same applies in the following paragraph and paragraph (3)) or an identification document (meaning the identification document referred to in Article 18, paragraph (3) of Additional Protocol I; the same applies in the following paragraph and paragraph (3)) without due cause.
(2) In armed attack situations, etc., notwithstanding the provisions of Article 1 of the Act Concerning Restriction of the Use of Emblems and Titles of the Red Cross and Others ((Act No. 159 of 1947); referred to below as "Red Cross Emblem Act" in the following paragraph and paragraph (4)) and the preceding paragraph, the head of a designated administrative organ may issue or authorize the use of the Red Cross emblem, etc. (meaning the emblem of the Red Cross, Red Crescent, or Red Lion and Sun on a white ground; the same applies in the following paragraph and paragraph (4)), special signals, or identification documents to medical institutions under their administrative oversight that provide assistance in the relief of evacuated residents, etc., or to medical personnel (meaning medical personnel as specified by Cabinet Order referred to in Article 85, paragraph (1); the same applies below in this paragraph and the following paragraph) who are employees of the designated administrative organ (including employees of designated local administrative organs under its jurisdiction; the same applies in the following Article, paragraph (2), item (i)) and who provide such assistance. Similarly, a prefectural governor may issue or authorize the use of the Red Cross emblem, etc. (as defined above), special signals, or identification documents to medical institutions or medical personnel under their administration who are engaged in the relief of evacuated residents, etc., or to medical institutions or medical personnel who cooperate in providing assistance necessary for such relief, for the purpose of identifying such persons (including those engaged in the provision of medical services under entrustment from such persons; the same applies below in this paragraph), or the locations, vehicles, ships, aircraft, etc., used for medical care by such persons (referred to as "locations, etc.," in the following paragraph and the following Article).
(3) In armed attack situations, etc., notwithstanding the provisions of Article 1 of the Red Cross Emblem Act and paragraph (1), medical institutions and medical personnel other than those prescribed in the preceding paragraph may use the Red Cross emblem, etc., special signals, or identification documents to identify themselves (including individuals who perform medical services on their behalf; the same applies below in this paragraph) or the locations, etc., used for medical care provided by such persons, provided that prior permission is obtained as follows: in the case of a designated public institution that is a medical institution, permission must be obtained from the head of the designated administrative organ with administrative oversight of that institution; in the case of a designated local public institution that is a medical institution, permission must be obtained from the prefectural governor who designated the institution; and in the case of other medical institutions or medical personnel, permission must be obtained from the prefectural governor with jurisdiction over the area in which the medical services are provided.
(4) The provisions of Article 3 of the Red Cross Emblem Act do not apply in armed attack situations, etc. However, notwithstanding the provisions of the preceding paragraph, individuals who were authorized under that Article before the establishment of the Basic Response Plan may continue to use the Red Cross emblem, etc., even in armed attack situations, etc., but only if they continue to provide free nursing care to the wounded or sick persons prescribed in that Article.
(Issuance of Special Emblems)
Article 158  (1) In armed attack situations, etc., no person must use a special emblem (meaning the international special emblem referred to in Article 66-3 of Additional Protocol I; the same applies in the following paragraph and paragraph (3)) or an identification document (meaning the identification document referred to in Article 66-3; the same applies in the following paragraph and paragraph (3)) without due cause.
(2) Notwithstanding the provisions of the preceding paragraph, in armed attack situations, etc., the persons stated in the following items (referred to below as "heads of designated administrative organs, etc." in this paragraph) may issue or authorize the use of special emblems or identification documents to their respective personnel specified in each item who perform duties related to measures for the protection of the people (including those engaged in services related to such measures under entrustment from the heads of designated administrative organs, etc.), or to persons who cooperate in providing necessary assistance for the implementation of such measures, for the purpose of identifying such persons, or the locations, etc., used for their duties, services, or cooperation related to the measures for the protection of the people:
(i) head of a designated administrative organ: an employee of the designated administrative organ;
(ii) prefectural governor: an employee of the prefecture (excluding those specified in the following item and in item (v));
(iii) Superintendent General of the Metropolitan Police Department and the chief of a prefectural police headquarters: employees of the relevant prefectural police headquarters;
(iv) mayor of a municipality: an employee of the municipality (excluding those specified in the following item and in item (vi));
(v) fire chief: a fire department employee under their jurisdiction; and
(vi) flood controller: chiefs and members of the flood control brigades under their jurisdiction.
(3) In armed attack situations, etc., notwithstanding the provisions of paragraph (1), designated public institutions or designated local public institutions may use special emblems or identification documents to identify individuals who perform services related to measures for the protection of the people implemented by the relevant designated public institutions or designated local public institutions (including individuals who perform such services under entrustment from those institutions), individuals who cooperate in providing necessary assistance for the implementation of such measures, or the locations, etc., used for such services or cooperation by these individuals. However, in order to do so, the following prior permission must be obtained: in the case of a designated public institution, permission must be obtained from the head of the designated administrative organ with administrative oversight of the institution; and in the case of a designated local public institution, permission must be obtained from the prefectural governor who designated the institution.
Chapter VII Financial Measures
(Compensation for Losses)
Article 159  (1) When a disposition has been made by the State and local governments under the provisions of Article 81, paragraph (2), (3), or (4) (excluding the part related to paragraph (1) of that Article); Article 82, Article 113, paragraph (1) or (3) (limited to the part related to paragraph (1) of that Article); or Article 64, paragraph (7) or (8) of the Basic Act on Disaster Management, as applied mutatis mutandis pursuant to paragraph (5) of that Article (limited to the part related to paragraph (1) of that Article); Article 125, paragraph (4); or the second sentence of Article 76-3, paragraph (2) of that Act (including as applied mutatis mutandis pursuant to paragraph (3) or (4) of that Article), which is further applied mutatis mutandis pursuant to Article 155, paragraph (2), the State and local governments must compensate for losses that would ordinary result from such disposition.
(2) The prefectures must reimburse the actual costs to medical personnel who provide medical care in response to the request under the provisions of Article 85, paragraph (1) or in accordance with the instructions under the provisions of paragraph (2) of that Article, in accordance with the criteria specified by Cabinet Order.
(3) The procedures necessary for the implementation of the provisions of the preceding two paragraphs are specified by Cabinet Order.
(Compensation for Damage)
Article 160  (1) When a person who cooperates in providing necessary assistance for the implementation of measures for the protection of the people—in response to a request made under the provisions of Article 70, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article), Article 80, paragraph (1), Article 115, paragraph (1), or Article 123, paragraph (1)—is killed, injured, falls ill, or becomes disabled as a result, the State and local governments must compensate that person, the person's bereaved family, or dependents for damages suffered, pursuant to Cabinet Order.
(2) When medical personnel who provide medical care in response to the request under the provisions of Article 85, paragraph (1) or in accordance with the instructions under the provisions of paragraph (2) of that Article, are killed or injured, become sick or disabled as a result, the prefectures must compensate such persons, their bereaved families or dependents for consequent damage suffered by them, pursuant to Cabinet Order.
(3) The necessary procedures related to the implementation of the provisions of the preceding two paragraphs are to be specified by Cabinet Order.
(Compensation for Losses Relating to Comprehensive Coordination and Instructions)
Article 161  (1) If comprehensive coordination has been carried out by the chairperson of the government headquarters pursuant to the provisions of Article 14, paragraph (1) of the Armed Attack Situation Response Act, or if instructions have been issued by the Prime Minister pursuant to the provisions of Article 56, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article), Article 60, paragraph (1), Article 68, Article 73, paragraph (1) (including as applied mutatis mutandis pursuant to Article 79, paragraph (2)), or Article 88, paragraph (1), to a prefecture or a designated public institution regarding the implementation of measures for the protection of the people (excluding measures for restoration from armed attack disaster under the provisions of Article 141), and if that prefecture or designated public institution incurs a loss as a result of implementing such measures based on the coordination or instructions, the State must compensate the relevant prefecture or designated public institution for the loss, pursuant to Cabinet Order. However, this does not apply if the loss is due to reasons attributable to the relevant prefecture or designated public institution.
(2) If comprehensive coordination has been carried out by the chairperson of the prefectural headquarters pursuant to the provisions of Article 29, paragraph (1), or instructions have been issued by the prefectural governor pursuant to the provisions of Article 67, paragraph (2) (including as applied mutatis mutandis pursuant to Article 69, paragraph (2)) or Article 73, paragraph (2) (including as applied mutatis mutandis pursuant to Article 79, paragraph (2)), to a municipality, a designated public institution, or a designated local public institution regarding the implementation of measures for the protection of the people, and that municipality, designated public institution, or designated local public institution incurs a loss as a result of implementing such measures, the prefecture must compensate the relevant municipality, designated public institution, or designated local public institution for the loss, pursuant to Cabinet Order. However, this does not apply if the loss is due to reasons attributable to the relevant municipality, designated public institution, or designated local public institution.
(3) The necessary procedures for implementing the provisions of the preceding two paragraphs are to be specified by Cabinet Order.
(Reduction or Exemption of Public Levies on Disaster Victims)
Article 162  (1) The State may, as separately provided for by law, reduce, exempt, or defer the collection of national taxes and other national levies on victims of armed attack disasters, and take other necessary measures.
(2) A local government may, as separately provided for by law or by the local government ordinances, reduce, exempt, or defer the collection of local taxes and other local government levies on victims of armed attack disasters.
(Special Provisions Concerning Lending of National Property)
Article 163  (1) When the State lends or allows the use of its assets or goods, which is deemed necessary for the implementation of measures for the protection of the people, the State may, as separately provided for by law, lend or allow such use at no charge or at a charge lower than market value.
(2) When a local government lends or permits the use of property or goods in its possession, having deemed it necessary for the implementation of measures for the protection of the people, it may, as separately provided by law, set the consideration for such lending or use at no charge or below market value.
(Bearing of Expenses for Measures for the Protection of the People)
Article 164  Unless otherwise specifically provided by laws and regulations, the expenses required for measures for the protection of the people, and other measures implemented based on the provisions of this Act, are to be borne by the person responsible for their implementation.
(Bearing of Expenses for Support Provided by Other Local Government Heads)
Article 165  (1) When the head of a local government, etc., receives support from the head of another local government, etc., pursuant to the provisions of Article 12, paragraph (1); Article 17, paragraph (1); Article 18, paragraph (1); Article 86; or Article 119, the local government to which the supported head belongs must bear the expenses incurred for the support.
(2) In the case referred to in the preceding paragraph, if the local government to which the head of the supported local government, etc. belongs does not have sufficient time to pay the expenses, it may request the local government to which the head of another local government, etc. providing such support belongs to temporarily pay those expenses on its behalf.
(Bearing of Expenses When a Prefectural Governor Takes Measures on Behalf of the Mayor of a Municipality)
Article 166  When a municipality prescribed in Article 14, paragraph (1), becomes unable to perform all or most of its affairs, expenses normally required for the implementation of measures for the protection of the people by the mayor of that municipality, conducted prior to such incapability, as well as expenses normally required for support provided to that municipality by the mayors of other municipalities, which are deemed for the municipality to bear, are to be borne by the prefecture to which the municipality belongs.
(Payment of Expenses When Mayors of Municipalities Perform Relief Affairs)
Article 167  (1) When a prefectural governor decides, pursuant to the provisions of Article 76, paragraph (1), that part of the affairs related to the implementation of relief within their authority will be carried out by the mayor of a municipality, the prefecture must bear the expenses required for the implementation of relief by the relevant mayor.
(2) When a prefectural governor decides, pursuant to the provisions of Article 76, paragraph (1), that part of the affairs related to the implementation of relief—originally under the governor's authority—will be carried out by the mayor of a municipality, or when the prefecture does not have sufficient time to pay the necessary relief expenses, the prefectural governor may request the municipality in which the evacuated residents, etc. requiring relief are currently located to temporarily pay those expenses on the governor's behalf.
(Expenses Borne by the State and Local Governments)
Article 168  (1) Of the following expenses, those borne by local governments pursuant to the provisions of Article 164 through the preceding Article (excluding Article 165, paragraph (2), and paragraph (2) of the preceding Article; the same applies in paragraph (3)) and specified by Cabinet Order are to be borne by the State, pursuant to Cabinet Order. However, the following expenses are to be borne by local governments: salaries and dependent allowances of local government employees, other allowances specified by Cabinet Order, expenses required for the management and administration of local government affairs as specified by Cabinet Order, and expenses required for affairs performed by local governments as facility administrators, as specified by Cabinet Order:
(i) expenses for measures relating to the evacuation of residents prescribed in Chapter II;
(ii) expenses for measures relating to relief for evacuated residents, etc., prescribed in Chapter III;
(iii) expenses for measures relating to the response to armed attack disasters prescribed in Chapter IV; and
(iv) expenses required for compensation for loss or reimbursement of actual expenses, compensation for damage or compensation for loss prescribed in Articles 159 through 161 (excluding cases involving intent or gross negligence on the part of local governments).
(2) Expenses for training conducted pursuant to the provisions of Article 42, paragraph (1), by the head of a designated administrative organ or the head of a designated local administrative organ in cooperation with the head of a local government, which have been paid by the local government pursuant to the provisions of Article 164, are to be borne by the State, except as otherwise specified by Cabinet Order.
(3) Except for expenses borne by the State pursuant to the provisions of the preceding two paragraphs, expenses to be paid by local governments pursuant to the provisions of Article 164 through the preceding Article are borne by local governments.
(Subsidies by the State)
Article 169  The State may, within the limits of its budget, subsidize part of the expenses required for measures for the protection of the people and other measures implemented by local governments based on the provisions of this Act, as required to be borne by the relevant local governments pursuant to the provisions of paragraph (3) of the preceding Article.
(Special Provision for Bond Issuance)
Article 170  (1) Notwithstanding the provisions of Article 5 of the Local Finance Act (Act No. 109 of 1948), in the following cases, a local government specified by Cabinet Order may issue local government bonds as a revenue source for the fiscal year specified by Cabinet Order:
(i) when compensating for a revenue shortfall arising from reductions or exemptions of local taxes, usage fees, commissions, and other levies specified by Order of the Ministry for Internal Affairs and Communications, due to armed attack disasters, where the level and scope of such reductions or exemptions are found to be reasonable in light of the damage; and
(ii) when funds are to be provided for the portion of expenses normally borne by the local government for measures for the protection of the people and other measures to be implemented based on the provisions of this Act, as specified by Order of the Ministry for Internal Affairs and Communications.
(2) Local government bonds referred to in the preceding paragraph are to be underwritten by the State from the fiscal loan fund to the extent that its financial circumstances permit.
(3) When local government bonds under paragraph (1) are underwritten through the fiscal loan fund, the fixed rate of interest, the method of redemption, and other necessary matters relating to the bonds are to be specified by Cabinet Order.
(Financial Measures for the Restoration from Armed Attack Disasters)
Article 171  (1) Notwithstanding the provisions of the preceding three Articles, financial measures related to the restoration from armed attack disasters, as prescribed in Article 141, are to be provided for separately by law.
(2) Pursuant to the law referred to in the preceding paragraph, the necessary financial measures are to be implemented using State funds to ensure that measures for the restoration from armed attack disasters are implemented accurately and promptly.
(3) Until the law referred to in paragraph (1) comes into force, the national government is to implement the necessary financial measures to ensure that measures for the restoration from armed attack disasters are implemented accurately and promptly.
(Responsibilities of the State and Local Governments)
Article 172  (1) To ensure the safety of the people, in emergency response situations (meaning the emergency response situations referred to in Article 22, paragraph (1) of the Armed Attack Situation Response Act; the same applies below), the State has the responsibility to establish a system for fully preparing the entire nation by implementing emergency protection measures (meaning the measures stated in Article 22, paragraph (3), item (ii) of the Armed Attack Situation Response Act, implemented by designated administrative organs, local governments, designated public institutions, or designated local public institutions based on the provisions of this Act, as applied mutatis mutandis pursuant to Article 183 during the period from the formulation of the response plan for emergency response situations (meaning the response plan for emergency response situations referred to in that paragraph; the same applies below) until its repeal (including measures relating to restoration from damage after repeal) and other measures implemented by these entities based on the provisions of law in connection with the relevant measures; the same applies below) accurately and promptly, assisting local governments and designated public institutions in implementing emergency protection measures accurately and promptly, and taking appropriate measures, at the national expense, concerning such emergency protection measures, through all of its organizations and functions.
(2) In emergency response situations, local governments are responsible for accurately and promptly implementing emergency protection measures on their own and for comprehensively promoting emergency protection measures carried out by relevant organizations within their area, based on the response plan for emergency response situations.
(3) In emergency response situations, designated public institutions and designated local public institutions are responsible for implementing emergency protection measures within their respective operations, as provided for in this Act.
(4) In implementing emergency protection measures, the State, local governments, designated public institutions, and designated local public institutions must coordinate and cooperate with one another and take all possible measures to ensure their accurate and prompt implementation.
(Cooperation of the People)
Article 173  (1) The people are to endeavor to provide necessary cooperation when requested to do so for the implementation of emergency protection measures pursuant to the provisions of this Act.
(2) The cooperation referred to in the preceding paragraph must be based on the voluntary will of the people, and no request for such cooperation must involve any form of coercion.
(3) The State and local governments must endeavor to provide necessary assistance for voluntary activities that support emergency protection measures by voluntary disaster management organizations and volunteers.
(Respect for Fundamental Human Rights)
Article 174  (1) In implementing emergency protection measures, the freedom and rights of the people guaranteed by the Constitution of Japan must be respected.
(2) In implementing emergency protection measures prescribed in the preceding paragraph, any restrictions on the freedoms and rights of the people must be limited to the minimum necessary for the implementation of such measures and must be carried out through fair and proper procedures. Such restrictions must not be discriminatory and must not infringe upon freedom of thought and conscience, and freedom of expression.
(Prompt Remedy for the People's Rights and Interests)
Article 175  The State and local governments must endeavor to deal with, as soon as possible, procedures concerning remedies for losses arising from the implementation of emergency protection measures, the filing of complaints or lawsuits relating to emergency protection measures, and other remedies for the rights and interests of the people.
(Emergency Protection Measures Implemented by Designated Administrative Organs and Designated Local Administrative Organs)
Article 176  When an emergency situation response plan is formulated, the heads of designated administrative organs and the heads of designated local administrative organs must, based on the provisions of this Act and other applicable laws and regulations, implement emergency protection measures relating to the affairs that fall under their jurisdiction, as specified in their respective plans for the protection of the people.
(Emergency Protection Measures Implemented by Prefectures)
Article 177  (1) When the response plan for emergency response situations is formulated, prefectural governors must, based on the provisions of this Act and other applicable laws and regulations, implement emergency protection measures within their respective prefectures, as specified in their plans for the protection of the people.
(2) When the response plan for emergency response situations is formulated, prefectural committees and committee members must, based on the provisions of this Act and other applicable laws and regulations, implement emergency protection measures relating to the affairs that fall under their jurisdiction, under the authority of the prefectural governor, as specified in their respective plans for the protection of the people.
(3) The provisions of Article 11, paragraphs (3) and (4) apply mutatis mutandis when a prefectural governor, etc. implement emergency protection measures pursuant to the provisions of the preceding two paragraphs. In this case, the term "Basic Response Plan" in paragraph (3) of that Article is to be read as "e response plan for emergency response situations ".
(Emergency Protection Measures Implemented by Municipalities)
Article 178  (1) When the response plan for emergency response situations is formulated, the mayors of municipalities must, based on the provisions of this Act and other applicable laws and regulations, implement emergency protection measures within their respective municipalities, as specified in their plans for the protection of the people.
(2) When the response plan for emergency response situations is formulated, municipal committees and committee members must, based on the provisions of this Act and other applicable laws and regulations, implement emergency protection measures relating to the affairs that fall under their jurisdiction, under the authority of the mayor of the municipality, as specified in the municipal plan for the protection of the people.
(3) The provisions of Article 16, paragraphs (3) through (5) apply mutatis mutandis to cases where the mayor of a municipality implements emergency protection measures pursuant to the provisions of the preceding two paragraphs. In this case, the term "Basic Response Plan" in paragraph (3) of that Article is to be read as " response plan for emergency response situations e " and the phrase "Article 11, paragraph (4)" in paragraph (5) of that Article is to be read as "Article 11, paragraph (4), which is applied mutatis mutandis pursuant to Article 177, paragraph (3)".
(Emergency Protection Measures Implemented by Designated Public Institutions and Designated Local Public Institutions)
Article 179  (1) When the response plan for emergency response situations is formulated, designated public institutions and designated local public institutions must, based on the provisions of this Act and other applicable laws and regulations, implement emergency protection measures in their respective operations, as specified in their respective operational plans for the protection of the people.
(2) The provisions of Article 21, paragraphs (2) and (3) apply mutatis mutandis to cases where designated public institutions and designated local public institutions implement emergency protection measures pursuant to the provisions of the preceding paragraph.
(Ensuring Safety)
Article 180  The State must give due consideration to ensuring safety in connection with the emergency protection measures implemented by designated administrative organs, local governments, and designated public institutions; prefectures must give due consideration to ensuring safety in connection with the emergency protection measures implemented by prefectures, municipalities, designated public institutions, and designated local public institutions within their respective jurisdictions; and municipalities must give due consideration to ensuring safety in connection with the emergency protection measures implemented by municipalities within their respective jurisdictions, in accordance with the content of the measures.
(Affairs under the Jurisdiction of the Emergency Response Headquarters)
Article 181  (1) The emergency response headquarters (meaning the emergency response headquarters referred to in Article 23, paragraph (1) of the Armed Attack Situation Response Act; the same applies in the following paragraph) is responsible for the following affairs, in addition to those stated in Article 12, item (i) of the Armed Attack Situation Response Act, as applied mutatis mutandis pursuant to Article 24 of the Armed Attack Situation Response Act:
(i) affairs relating to the comprehensive promotion of emergency protection measures implemented by designated administrative organs, local governments, and designated public institutions; and
(ii) in addition to what is stated in the preceding item, affairs that fall under the authority of the headquarters pursuant to the provisions of this Act.
(2) The provisions of Article 24, paragraphs (2) through (7) apply mutatis mutandis to the emergency response headquarters. In this case, the term "measures for the protection of the people" in paragraph (2) of that Article is to be read as "emergency protection measures".
(Necessary Matters to Be Stated in the Basic Guidelines)
Article 182  (1) The national government, in preparation for emergency response situations, must specify in the Basic Guidelines matters necessary for the implementation of emergency protection measures, in addition to what is provided in the items of Article 32, paragraph (2).
(2) The heads of designated administrative organs, prefectural governors, mayors of municipalities, and designated public institutions and designated local public institutions must specify matters necessary for the implementation of emergency protection measures in their respective plans and operational plans for the protection of the people, in addition to what is provided in the items of Article 33, paragraph (2), Article 34, paragraph (2), Article 35, paragraph (2) and Article 36, paragraph (3).
(3) With respect to the application of the provisions of Article 37, paragraph (2) and Article 39, paragraph (2), when prefectural governors and mayors of municipalities specify the matters necessary for the implementation of emergency protection measures pursuant to the provisions of the preceding paragraph, the phrase "measures for the protection of the people" in Article 37, paragraph (2), item (i) and Article 39, paragraph (2), item (i) is to be read as "measures for the protection of the people (including emergency protection measures)".
(Application Mutatis Mutandis)
Article 183  The provisions of Articles 7 and 8, Article 9, paragraph (1), Chapter I, Section 2 (excluding Articles 10, 11, 16, 21, and 22) and Section 3 (excluding Article 24 and Article 29, paragraphs (4) and (7)); Article 42, Chapter II (excluding Articles 56, 60, and 68, and Article 73, paragraph (1)), Chapter III (excluding Articles 88 and 93), Chapter IV, Chapter V, Section 2 and Section 3, Articles 141, 143, 144, and 147, and Articles 151 through 156, and Chapter VII (excluding Article 161, paragraph (1)) apply mutatis mutandis to emergency response situations and emergency protection measures. In such cases, the words and phrases stated in the middle column of the following table in the provisions stated in the left column of the same table are read as the words and phrases in the right column of the same table.
|Article 14, paragraph (1)|Aarmed Aattack Ddisaster|Ddisaster in emergency response situations (meanings human death or injuryies, fires, explosions, the discharge release of radioactive substances, and other human or material disasters caused arising directly or indirectly by from attacks similar to armed attacks; the same applies hereinafterbelow)|
|Article 15, paragraph (1)|Article 20|Article 20, as applied mutatis mutandis pursuant to Article 183|
|Article 15, paragraphs (2) and (3),; Article 20, paragraph (2),; Article 23,; Article 44, paragraph (1),; Article 45, paragraph (1),; Article 51,; Article 52, paragraphs (1) through (4),; Article 53,; Article 54, paragraph (8),; Article 73, paragraph (3),; Article 74,; Article 97, paragraphs (3) through (5),; Article 100, paragraph (3),; Article105, paragraphs  (2), (7) through (10), and (12),; Article 127, paragraphs (3) and (5).; and Article 128, paragraph (1).|chairperson of the Ggovernment Hheadquarters|chairperson of the Eemergency Rresponse Hheadquarters|
|Article 18, paragraph (2)|Tthe second sentence of Article 12, paragraph (1)|Tthe second sentence of Article 12, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 20, paragraph (1)|Article 15, paragraph (1)|Article 15, paragraph (1), as applied mutatis mutandis pursuant to Article 183|
|The heading of Article 23|Armed Attacks, etc.|Attacks, etc., in Emergency Response Situations|
|Article 23, Article 44, paragraph (1), and Article 73, paragraph (4)|, armed attacks|, attacks in emergency response situations|
|Article 23, Article 74, paragraph (2),; Article 75, paragraph (1),; Article 85, paragraph (1),; Article 91, paragraph (1),; Article 94, paragraph (1),; Article 97 (including the Hheading),; Article 98 paragraphs (1) and (3),; Article 99, paragraph (2), item (i),; Article 102, paragraphs (1) through (3), (5), and (8),; Article 103, the Hheading, and paragraphs (1), (3), and (5),; Article 104, the Hheading,; Article 106, (including the Hheading),; Article 111, paragraphs (1) and (2),; Article 112, paragraphs (1) and (5),; Article 113, paragraphs (1) through (3),; Article 114, paragraphs (1) and (2),; Article 115,; Article 116, paragraph (1),; Article 117, (including the Hheading),; Article 118, (including the Hheading),; Article 119, paragraphs (1) and (2),; Article 122,; Article 123, paragraph (1),; Article 124, paragraph (1),; Article 125, paragraph (1),; Article 126, paragraph (1),; Article 138, (including the Hheading),; Article 139,; Article 141 (including the Hheading),; Article 162,; Article 168, paragraph (1), item (iii),; Article 170, paragraph (1), item (i),; and Article 171, (including the Hheading)|Aarmed Aattack Ddisasters|Ddisasters in an emergency response situations|
|Article 25, paragraph (1)|a draft of the Basic Response Plan or a draft of the revisionamendment of to the Basic Response Plan pursuant to the provisions of Article 9, paragraph (6) of the Armed Attack Situation Response Act (including cases where itthat paragraph is appliedcation mutatis mutandis pursuant to paragraph (13) of the samethat Article)|a draft of the Emergency Situation Response Plan or a draft of the revision amendment of to the Emergency Situation Response Plan pursuant to the provisions of Article 22, paragraph (4) of the Armed Attack Situation Response Act (including cases where itthat paragraph is appliedcation mutatis mutandis pursuant to paragraph (10) of the samethat Article)|
|Article 27, paragraph (1)|Article 27, paragraph (1), as applied mutatis mutandis pursuant to Article 183|
|Article 25, paragraph (1) and Article 27, paragraph (1)|Pprefectural Hheadquarters for the Pprotection of the Ppeople|Pprefectural Eemergency Rresponse Hheadquarters|
|Mmunicipal Hheadquarters for the Pprotection of the Ppeople|Mmunicipal Eemergency Rresponse Hheadquarters|
|Article 26,; Article 45, paragraph (1),; Article 63, paragraphs (1) and (2),; Article 67, paragraph 5,; Article 70, paragraph (3),; Article 72,; Article 100, paragraphs (1) and (3),; Article 101,; Article 108, paragraph (1),; Article 127, paragraphs (1), (2), (4), and (5),; and Article 152, paragraph (1)|paragraph (1) of the preceding Article|paragraph (1) of the preceding Article, as applied mutatis mutandis pursuant to Article 183|
|Article 27, paragraph (1)|Article 25, paragraph (2)|Article 25, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Article 28, paragraph (1)|chairperson of the Pprefectural Hheadquarters for the Pprotection of the Ppeople|chairperson of the Pprefectural Eemergency Rresponse Hheadquarters|
|chairperson of the Mmunicipal Hheadquarters for the Pprotection of the Ppeople|chairperson of the Mmunicipal Eemergency Rresponse Hheadquarters|
|Article 29, paragraph (8)|, chairperson of the Ggovernment Hheadquarters|, chairperson of the Eemergency Rresponse Hheadquarters|
|Article 30|Article 25, paragraph (4) of that Article|Article 25, paragraph (4) of that Article, as further applied mutatis mutandis pursuant to Article 183|
|Article 31|Article 27 through the preceding Article|the provisions of Article 27 through the preceding Article, as applied mutatis mutandis pursuant to Article 183 (excluding Article 29, paragraphs (4) and (7)), as applied mutatis mutandis pursuant to Article 183|
|Article 44, paragraph (1),; Article 97, paragraph (5),; Article 102, paragraph (8),; Article 105, paragraph (9),; and Article 107, paragraph (1)|The Basic Response Plan|Eemergency Ssituation Rresponse Pplan|
|Article 44, paragraph (2), item (ii)|Aarmed attacks|Aarmed attacks in an emergency response situations|
|The heading of Article 45|Chairperson of the Government Headquarters Chairperson, etc.|the Chairperson of the Emergency Response Headquarters, etc.|
|Article 46,; Article 108, paragraph (2),; Article 128, paragraph (1),; and Article 169|paragraph (3) of the preceding Article|paragraph (3) of the preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 47, paragraph (1),; Article 49,; Article 75, paragraph (1),; Article 140; and Article 154|preceding Article|preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 48, and Article 105, paragraph (8)|Article 45|Article 45, as applied mutatis mutandis pursuant to Article 183,|
|Article 49|Article 45, paragraph (1)|Article 45, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 50|Article 45, paragraph (2)|Article 45, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Article 51, paragraph (2)|Article 45 through the preceding Article|the provisions of Article 45 through the preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 52, paragraph (1), and Article 73, paragraph (3)|Article 44, paragraph (1)|Article 44, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 52, paragraph (3)|Article 54, paragraph (1)|Article 54, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 52, paragraph (7)|Article 46|Article 46, as applied mutatis mutandis pursuant to Article 183,|
|Article 52, paragraph (8)|Article 49|Article 49, as applied mutatis mutandis pursuant to Article 183,|
|Article 53, paragraph (3)|paragraphs (4) through (8) of the preceding Article|the provisions of paragraphs (4) through (8) of the preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 54, paragraph (2)|the items of Article 52, paragraph (2)|the items of Article 52, paragraph (2), as applied mutatis mutandis pursuant to Article 183|
|Article 54, paragraph (4) and Article 61, paragraph (4)|Article 47, paragraphs (2) and (3)|Article 47, paragraph (2), as applied mutatis mutandis pursuant to Article 183, and paragraph (3) of that Article|
|Article 47, paragraph (2)|Article 47, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Article 55, paragraph (1)|Article 53, paragraph (1)|Article 53, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 55, paragraph (2)|the second sentence of paragraph (1) of the preceding Article|the second sentence of paragraph (1) of the preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 55, paragraph (3)|paragraphs (7) and (8) of the preceding Article|paragraph (7) of the preceding Article, as applied mutatis mutandis pursuant to Article 183, and paragraph (8) of the preceding Article|
|paragraph (7) of the preceding Article|paragraph (7) of the preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 57 and Article 101|Article 50|Article 50, as applied mutatis mutandis pursuant to Article 183,|
|Article 57 and Article 58, paragraphs (7) and (9)|Article 54, paragraph (7)|Article 54, paragraph (7), as applied mutatis mutandis pursuant to Article 183|
|Article 57|Article 55, paragraph (3)|Article 55, paragraph (3), as applied mutatis mutandis pursuant to Article 183|
|Article 58, paragraph (4)|Article 54, paragraph (3)|Article 54, paragraph (3), as applied mutatis mutandis pursuant to Article 183,|
|Article 58, paragraph (6)|Article 54, paragraph (6)|Article 54, paragraph (6), as applied mutatis mutandis pursuant to Article 183,|
|Article 58, paragraph (8) and Article 69, paragraph (1)|Article 55, paragraph (1) or (2)|Article 55, paragraph (1), as applied mutatis mutandis pursuant to Article 183, or paragraph (2) of that Article|
|Article 63, paragraph (1)|Article 76, paragraph (1), Article 78, paragraph (1)|Article 78, paragraph (1)|
|Article 77-4, paragraph (1)|Article 77-4, paragraph (2)|
|Article 64, paragraph (1),; Article 66, paragraph (1),; Article 67, paragraph (2),; Article 69, paragraph (2),; and Article 70, paragraph (1)|Article 62, paragraph (1)|Article 62, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 69, paragraph (2)|Articles 62 and 67...|Article 62, and ... as applied mutatis mutandis pursuant to Article 183, and Article 67|
|Article 71, paragraph (1)|Article 73, paragraphs (2) through (4)|Article 73, paragraphs (2) through (4), as applied mutatis mutandis pursuant to Article 183,|
|Article 72|a Ddesignated Ppublic Iinstitutions or Ddesignated Llocal Ppublic Iinstitutions|a Ddesignated Llocal Ppublic Iinstitutions|
|the chairperson of the Ggovernment Hheadquarters in the case of the a Ddesignated Ppublic Iinstitution, and toor the chairperson of the Pprefectural Hheadquarters in the case of the a Ddesignated Llocal Ppublic Iinstitution|the chairperson of the Pprefectural Hheadquarters|
|The heading of Article 73|Prime Minister, etc.|Prefectural Governors|
|Article 73, paragraphs (3) and (4)|the Prime Minister and the prefectural governor|the prefectural governor|
|Ddesignated Ppublic Iinstitutions and Ddesignated Llocal Ppublic Iinstitutions|Ddesignated Llocal Ppublic Iinstitutions|
|Article 73, paragraph (3) and Article 161, paragraph (3)|preceding 2two paragraphs|preceding paragraph|
|Article 73, paragraph (4)|paragraphs (1) and (2)|paragraph (2)|
|Article 74, paragraph (1)|Article 52, paragraph (1)|Article 52, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 75, paragraph (1), item (i) and Article 84, paragraph (1)|Article 82|Article 82, as applied mutatis mutandis pursuant to Article 183,|
|Article 77, paragraph (2)|Article 80, paragraph (1)|Article 80, paragraph (1), as applied mutatis mutandis pursuant to Article 183|
|Article 78|Article 135, paragraph (2)|Article 135, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Article 79, paragraph (1)|Article 155, paragraph (1)|Article 155, paragraph (1), as applied mutatis mutandis pursuant to Article 183|
|Article 79, paragraph (2)|Article 71, paragraph (2)|Article 71, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Article 73|Article 73, paragraphs (2) through (4)|
|Article 81, paragraph (1)|paragraph (1) of the following Article|paragraph (1) of the following Article, as applied mutatis mutandis pursuant to Article 183,|
|Article 82, paragraph (1)|Article 84, paragraph (1)|Article 84, paragraph (1), as applied mutatis mutandis pursuant to Article 183|
|Article 83, paragraph (1),; Article 84, paragraph (1),; and Article 159, paragraph (1)|Article 81, paragraph (2)|Article 81, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Article 81, paragraphs (2), (3), and (4)|Article 81, paragraph (2), as applied mutatis mutandis pursuant to Article 183, and paragraphs (3) and (4) of that Article|
|Article 81, paragraph (2) or (4)|Article 81, paragraph (2), as applied mutatis mutandis pursuant to Article 183, or paragraph (4) of that Article|
|Article 81, paragraph (2), (3), or (4)|Article 81, paragraph (2), as applied mutatis mutandis pursuant to Article 183, or paragraph (3) or (4) of that Article|
|Article 84, paragraph (2)|Article 81, paragraph (3) or (4)|Article 81, paragraph (3), as applied mutatis mutandis pursuant to Article 183, or paragraph (4) of that Article|
|Article 96, paragraph (3) and Article 152, paragraph (3)|paragraph (2) of the preceding Article|paragraph (2) of the preceding Article, as applied mutatis mutandis pursuant to Article 183,|
|paragraphs (2) and (3) of the preceding Article|paragraph (2) of the preceding Article, as applied mutatis mutandis pursuant to Article 183, and paragraph (3) of the preceding Article|
|Article 97, paragraph (7),; Article 104,; Article 105, paragraphs (1) and (7),; Article 107, paragraph (1),; and Article 121|by armed attacks|by attacks in an emergency response situations|
|Article 99, paragraph (1)|an Aarmed Aattack Ddisaster|a Ddisaster in an emergency response situations|
|due toarising from the Armed Attack Ddisaster|due toarising from the disaster in emergency response situations|
|emergency report on concerning the Aarmed Aattack Ddisaster|emergency report on concerning the a disaster in an emergency response situations|
|Article 100, paragraph (2)|Article 47|Article 47, as applied mutatis mutandis pursuant to Article 183,|
|Article 102, paragraph (4)|Article 119, paragraphs (3) and (4)|Article 119, paragraph (3), as applied mutatis mutandis pursuant to Article 183, and paragraph (4) of that Article|
|Article 103, paragraph (1)|Article 107|Article 107, as applied mutatis mutandis pursuant to Article 183|
|Article 105 heading, and paragraph (7), items (i) and (ii),; and paragraphs (11), (13), and (14)|Armed Attack Nuclear Disaster|Nuclear dDisasters cCaused by aAttacks in eEmergency rResponse sSituations|
|Nnuclear disaster caused by an attacks in an emergency response situations|
|Article 109, paragraph (1) and Article 153|the preceding two aArticles|the preceding two Articles, as applied mutatis mutandis pursuant to Article 183,|
|Article 109, paragraph (3)|Article 107, paragraph (3)|Article 107, paragraph (3) as applied mutatis mutandis pursuant to Article 183|
|Article 110|Article 107, paragraph (2)|Article 107, paragraph (2), as applied mutatis mutandis pursuant to Article 183|
|Article 120 and Article 171, paragraph (1)|the preceding three Articles|the preceding three Articles as applied mutatis mutandis pursuant to Article 183|
|Article 121, paragraph (1)|Article 121, paragraph (1)|Article 121, paragraph (1) as applied mutatis mutandis pursuant to Article 183|
|Article 151, paragraph (1)|Article 153|Article 153 as applied mutatis mutandis pursuant to Article 183|
|Article 152, paragraph (2)|the following Article|the following Article as applied mutatis mutandis pursuant to Article 183|
|Article 155, paragraph (2)|Article 155, paragraph (1)|Article 155, paragraph (1) of the samethat Act as applied mutatis mutandis pursuant to Article 183|
|Article 159, paragraph (2) and Article 160, paragraph (2)|Article 85, paragraph (1)|Article 85, paragraph (1) as applied mutatis mutandis pursuant to Article 183,|
|Article 160, paragraph (1)|Article 70, paragraph (1)|Article 70, paragraph (1) as applied mutatis mutandis pursuant to Article 183|
|Article 161, paragraph (2)|Article 29, paragraph (1)|Article 29, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 67, paragraph (2)|Article 67, paragraph (2), as applied mutatis mutandis pursuant to Article 183|
|Article 69, paragraph (2)|Article 69, paragraph (2), as applied mutatis mutandis pursuant to Article 183|
|Article 79, paragraph (2)|Article 79, paragraph (2), as applied mutatis mutandis pursuant to Article 183|
|Article 165, paragraph (1)|Article 12, paragraph (1)|Article 12, paragraph (1), as applied mutatis mutandis pursuant to Article 183|
|Article 166|Article 14, paragraph (1)|Article 14, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 167|Article 76, paragraph (1)|Article 76, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 168, paragraphs (1) and (3)|Article 164 through the preceding Article|the provisions of Article 164 through the preceding Article, as applied mutatis mutandis pursuant to Article 183|
|Article 168, paragraph (1)|Article 165, paragraph (2)|Article 165, paragraph (2), as applied mutatis mutandis pursuant to Article 183,|
|Chapter II|Chapter II, (excluding Articles 56, Article 60, and Article 68, and Article 73 paragraph (1)) as applied mutatis mutandis pursuant to Article 183 (excluding Articles 56, 60, 68, and Article 73, paragraph (1))|
|Chapter III|Chapter III, (excluding Articles 88 and Article 93) as applied mutatis mutandis pursuant to Article 183 (excluding Articles 88 and 93)|
|Chapter IV|Chapter IV, as applied mutatis mutandis pursuant to Article 183|
|Articles 159 through Article161|Articles 159, and Article 160, and Article 161, paragraphs (2) and (3), as applied mutatis mutandis pursuant to Article 183|
|Article 168, paragraph (2)|Article 42, paragraph (1)|Article 42, paragraph (1), as applied mutatis mutandis pursuant to Article 183,|
|Article 164|Article 164, as applied mutatis mutandis pursuant to Article 183,|
|Article 171, paragraph (1)|Article 141|Article 141, as applied mutatis mutandis pursuant to Article 183,|
(Special Provisions for Big Cities)
Article 184  (1) The affairs that are to be handled by prefectures or prefectural governors pursuant to the provisions of Chapter III, Section 1 (excluding Article 76 and Article 79, paragraph (2) (except for the parts related to Article 71, paragraph (2)) and including as applied mutatis mutandis pursuant to the preceding Article), Articles 148 and 149, Article 157, paragraph (2), Article 159, paragraph (2) (including as applied mutatis mutandis pursuant to the preceding Article), and Article 160, paragraph (2) (including as applied mutatis mutandis pursuant to the preceding Article) are, in the case of designated cities, to be performed by designated cities or the heads of designated cities. In this case, the provisions concerning prefectures or prefectural governors among those provisions apply to designated cities or the heads of designated cities as the provisions concerning designated cities or the heads of designated cities.
(2) In applying the provisions of Article 74 in the case referred to in the preceding paragraph, the phrase "the prefectural governor with jurisdiction over the evacuation destination area" in paragraph (1) of that Article is to be read as "the head of the designated city within the prefecture that constitutes the evacuation destination area, via the prefectural governor with jurisdiction over the evacuation destination area", and the phrase "the prefectural governor with jurisdiction over the area where people have been affected" in paragraph (2) of that Article is to be read as "the head of the designated city within the prefecture in which people have been affected, via the prefectural governor with jurisdiction over the area where people have been affected".
(3) In the case referred to in paragraph (1), the head of a designated city must, when making a designation under the provisions of Article 148, paragraph (1), or upon receiving a notification under the provisions of Article 149, promptly report the matter to the prefectural governor.
(Application of This Act to Special Wards)
Article 185  (1) For the purposes of applying this Act, a special ward is deemed to be a city.
(2) The provisions of Article 62, paragraphs (2) through (4) (including as applied mutatis mutandis pursuant to Article 69, paragraph (2) (including as applied mutatis mutandis pursuant to Article 183) and Article 183; the same applies below in this paragraph), Article 66, paragraph (1), and Article 70 (including as applied mutatis mutandis pursuant to Article 183) apply mutatis mutandis when the head of a special ward guides evacuated residents. In this case, the phrase "The manager or the head of the local government association responsible for all or part of the firefighting affairs (referred to below as " firefighters union") (or, the director, in the case of a firefighters union with a board of directors in place of a manager or the head pursuant to the provisions of Article 287-3, paragraph (2) of the Local Autonomy Act (including cases where this provision is applied mutatis mutandis pursuant to Article 291-13 of that Act; the same applies below))" in Article 62, paragraph (2) is to be read as "the Metropolitan Governor", and the phrase "the manager or head of the firefighters union" in paragraph (4) of that Article is also to be read as "the Metropolitan Governor". In paragraphs (2) and (4) of that Article the phrase "the municipality that has established the firefighters union" is to be read as "a special ward", the term "the municipality" is to be read as "the special ward", the phrase "the fire chief of the firefighters union" is to be read as "the fire chief of the special ward", and the phrase "the head of the fire brigade" is to be read as "the head of the fire brigade of the special ward".
(Division of Affairs)
Article 186  The affairs to be handled by local governments pursuant to the provisions of this Act (excluding those to be handled by the prefectural police headquarters) are classified as Item (i) Statutory Entrusted Functions, as prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.
(Matters to Be Determined by Cabinet Order)
Article 187  In addition to what is provided for in this Act, the procedures for implementing this Act and other matters necessary for its enforcement are to be specified by Cabinet Order.
Chapter X Penal Provisions
Article 188  A person who disobeys an order issued by the head of a designated administrative organ, the head of a designated local administrative organ, or the head of a local government under the provisions of Article 103, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article (including as further applied mutatis mutandis pursuant to Article 183) and Article 183) or an order issued by the Nuclear Regulation Authority (or, in the case of an event involving transport outside the nuclear facility site, by the Nuclear Regulation Authority and the Minister of Land, Infrastructure, Transport and Tourism) under the provisions of Article 106 (including as applied mutatis mutandis pursuant to Article 183) are punished by imprisonment for not more than one year, a fine of not more than one million yen, or both.
Article 189  A person falling under any of the following items is subject to imprisonment with work for not more than six months or to a fine of not more than 300,000 yen:
(i) a person who has disobeyed a retention order issued by a prefectural governor (or by the mayor of a municipality, where the authority is exercised by the mayor pursuant to the provisions of Article 76, paragraph (1) (including as applied mutatis mutandis pursuant to Article 183)) under the provisions of Article 81, paragraph (3) (including as applied mutatis mutandis pursuant to Article 183), or a retention order issued by the head of a designated administrative organ or the head of a designated local administrative organ under the provisions of Article 81, paragraph (4) (including as applied mutatis mutandis pursuant to Article 183), and who has concealed, damaged, disposed of, or removed specific goods; and
(ii) a person who, in violation of the provisions of Article 157, paragraph (1), has used a special signal or identification document referred to in that paragraph without due cause, or who, in violation of the provisions of Article 158, paragraph (1), has used a special emblem or identification document referred to in that paragraph without due cause.
Article 190  Any driver of a vehicle who fails to comply with a prohibition or restriction imposed by a prefectural public safety commission under the provisions of Article 155, paragraph (1) (including as applied mutatis mutandis pursuant to Article 183) is to be punished by imprisonment with work for not more than three months or a fine of not more than 300,000 yen.
Article 191  A person who fails to comply with an order issued by the head of a designated administrative organ, the head of a designated local administrative organ, a prefectural governor, the mayor of a municipality, the manager or head of a firefighters union, the Superintendent General of the Metropolitan Police Department, or the chief of a prefectural police headquarters under the provisions of Article 108, paragraph (1), items (i) through (iii) and item (v) or (vi) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article (including as applied mutatis mutandis pursuant to Article 183) and Article 183) is to be punished by a fine of not more than 500,000 yen.
Article 192  A person falling under any of the following items is subject to a fine of not more than 300,000 yen:
(i) a person who refuses, obstructs, evades an on-site inspection under the provisions of Article 84, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to Article 183), or fails to make a report under the provisions of that paragraph (including as applied mutatis mutandis pursuant to Article 183) or makes a false report;
(ii) a nuclear emergency preparedness manager who, in violation of the provisions of the first sentence of Article 105, paragraph (1) (including as applied mutatis mutandis pursuant to Article 183), fails to notify the Prime Minister and the Nuclear Regulation Authority (or, in the case of an event involving transport outside the nuclear facility site, the Prime Minister, the Nuclear Regulation Authority, and the Minister of Land, Infrastructure, Transport and Tourism) or the heads of relevant local governments; and
(iii) a person who, in violation of the provisions of Article 125, paragraph (7) (including as applied mutatis mutandis pursuant to Article 183), refuses or obstructs the implementation of measures necessary to prevent the loss, destruction, or other damage to national treasures, special historic sites, places of scenic beauty, or natural monuments.
Article 193  A person who fails to comply with restriction, prohibition, or withdrawal orders issued by police officers or Coast Guard officers under the provisions of Article 102, paragraph (7) (including as applied mutatis mutandis pursuant to Article 183), or restriction, prohibition, or withdrawal orders issued by municipal mayors, prefectural governors, police officers, Coast Guard officers, or uniformed members of Self-Defense Forces units, etc., ordered to be mobilized, under the provisions of Article 114 (including as applied mutatis mutandis pursuant to Article 183), is to be punished by a fine of not more than 300,000 yen or by detention.
Article 194  (1) If a representative of a juridical person, or an agent, employee, or other worker of a juridical person or an individual commits a violation of Article 188, Article 189, item (i), or Article 192 in connection with the business of that juridical person or individual, the juridical person or individual is to be subject to the fine prescribed in the respective Articles, in addition to the violator.
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