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スポーツ基本法(平成23年法律第78号)(条文)(仮訳)

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The Basic Act on Sport


 Sport Promotion Act (Act No. 141 of 1961) is totally revised.
Table of contents


 Preamble
 

 Chapter I General provisions (Article 1 - 8)
 Chapter II Sport Basic Plan, etc. (Article 9, 10)
 Chapter III Basic measures
  Section 1 Development of fundamental conditions for promotion of sport, etc. (Article 11 - 20)
  Section 2 Development of an environment for ensuring various opportunities to play sport (Article 21 - 24)
  Section 3 Improvement of competition level, etc. (Article 25 - 29)
 Chapter IV Development of a system concerning promotion of sport (Article 30 - 32)
 Chapter V Subsidization by the national government, etc. (Article 33 - 35)
 

 

 Supplementary provisions


 Sport are a universally shared human culture.
 Sport are athletic competitions and other physical activities performed by individuals or groups for the purpose of sound development of mind and body, retention and promotion of health and physical strength, acquisition of mental satisfaction and cultivation of the spirit of self-sufficiency or other mentalities. Nowadays sport are crucial for citizens to lead a healthy and fulfilled life in terms of mind and body throughout their lifetime.  Living life happily and fruitfully through sport is the right of all citizens, and it shall be ensured that all citizens have the opportunity to familiarize themselves with sport, enjoy sport or participate in the activities supporting sport on a daily basis under a safe and fair environment, according to their individual interests and aptitude and on their own initiative.
 Sport help to develop the physical strength of the youth who will lead the next generation, and they also have a significant influence on character building through cultivating the spirit of respecting and cooperating with others, and the attitude of respecting fairness and discipline or self-control, as well as through fostering the practical capability to think or make judgments.
 Moreover, sport promote interaction among people and local areas, develop a sense of unity or vitality of an area, and contribute to recovery of the regional society that faces the problem of dilution of human relationships, etc..  Furthermore, sport play an important role in retention and promotion of mental and physical health, so they are indispensable for the realization of a healthy and energetic long-living society.
 Consistent efforts made by sport players are meaningful acts pursuing the utmost limits of their human capabilities, and the great success of Japanese players in international competitions based on these efforts brings pride and joy, vision and excitement to citizens and enhances their interest in sport.  Through these aspects, sport create vitality in our society and contribute greatly to the development of the national economy.  International exchange and contribution made by sport promote global mutual understanding and contributes greatly to international peace, therefore sport play an extremely important role in improvement of the international status of Japan.
 Excellent sport players are raised through the promotion of sport in local areas, and those sport players contribute further to the promotion of sport in those areas, which generates a good circulation that supports the development of sport in Japan through coordination and cooperation of various entities involved in sport.
  In consideration of the significance of these multilateral roles played by sport in the life of the citizens, realization of the ‘sport nation’ is a crucially important issue for the development of Japan in the 21st century.
 This Act is hereby enacted in order to promote measures concerning sport in a comprehensive and systematic manner as a national strategy aiming to realize the ‘sport nation’.

 


   Chapter 1 General provisions

 (Purpose)
Article 1  The purpose of this Act is to comprehensively and systematically promote measures concerning sport by providing basic principles concerning sport, and by clarifying the responsibilities of the national government and local governments, and the efforts, etc. of sport organizations, which are to consequently contribute to the sound development of mind and body of citizens, the formation of the bright and prosperous life of the citizens, the realization of an energetic society and the harmonized development of an international society.


 (Basic principles)
Article 2 In consideration that living a happy and prosperous life through sport is the right of the people, sport shall be promoted in such a manner that citizens can play sport voluntarily and autonomously according to their aptitude and health condition at any time or location throughout their lifetime.
2 Based on the idea that sport, in particular those for the youth who are in the process of growing in terms of mind and body, improve physical strength, have a great influence on character building through cultivating the attitude of respecting fairness and discipline or self-control and are the foundation on which a lifetime of sound mind and body of citizens are cultivated, and well-rounded character is fostered, sport shall be promoted through mutual coordination of activities in schools, sport organizations (organizations of which the main purpose is to carry out business for the promotion of sport.  The same shall apply hereinafter), households and local communities.
3 Sport shall be promoted in such a manner that people become more familiar with sport in their residential area by cooperating independently, through which an interaction between people of all generations in the area is promoted as well as the foundation for interaction between areas being formed.
4 Sport shall be promoted to retain and promote mental and physical health in those who play sport in a safe manner.
5 Sport shall be promoted with due consideration according to the type and degree of disability so that persons with disabilities can play sport voluntarily and proactively.
6 Sport shall be promoted in an effective manner, while maintaining organic coordination among various measures that contribute to improvement of the competition level concerning sport (hereinafter “competition level”), so that sport players of Japan (including professional sport players. The same shall apply hereinafter.) can achieve successful results in international competitions (Olympic Games, Paralympics Games and other sport games on a global scale.  The same shall apply hereinafter.) or games of a nationwide scale.
7 Sport shall be promoted in such a manner that the promotion of global exchange and contribution concerning sport contributes to the improvement of global mutual understanding and international peace.
8 Sport shall be promoted in such a manner that no one who plays sport receives discriminatory treatment unjustly, and that broad understanding and support for sport are gained from citizens through increasing the citizens awareness of the importance of anti-doping, etc. based on the idea that all activities concerning sport are performed fairly and appropriately.


 (Responsibility of the national government)
Article 3 The national government is responsible for establishing and implementing measures concerning sport in a comprehensive manner, based on the basic principles stipulated in the previous Article (hereinafter “basic principles”).


 (Responsibility of local governments)
Article 4 Based on the basic principles, local governments are responsible for establishing and implementing measures concerning sport which are appropriate to the characteristics of the area voluntarily and independently, while maintaining coordination with the national government.


 (Efforts of sport organizations)
Article 5  Based on the basic principles, sport organizations, in view of their important roles in the dissemination of sport and improvement at competition level, endeavor to pursue the promotion of sport independently in consideration of the protection of the rights and interests of those who play sport, the retention and promotion of mental and physical health, and safety.
2 In order to perform sport promotion business properly, sport organizations endeavor to ensure transparency of management, and  create the standards to be followed by themselves with regard to their business activities.
3 Sport organizations endeavor to resolve disputes concerning sport in a prompt and appropriate manner.


 (Promotion of citizens’ participation and support)
Article 6 The national government, local governments and sport organizations shall endeavor to develop citizens’ interest in and understanding of sport, and to promote citizens’ participation and support for sport so that citizens can enjoy healthy, bright and prosperous lives.


 (Mutual coordination and cooperation between persons concerned)
Article 7 In order to realize the basic principles, the national government, incorporated administrative agencies, local governments, schools, sport organizations, private business operators and other persons concerned shall endeavor to cooperate, while coordinating with each other. 

 

(Legislative measures, etc.)
Article 8 The government shall implement legislative, financial or taxation measures or other measures necessary to implement the measures concerning sport.


   Chapter 2 Sport Basic Plan, etc.


 (Sport Basic Plan)
Article 9 The Minister of Education, Culture, Sports, Science and Technology shall establish the basic plan concerning the promotion of sport (hereinafter “Sport Basic Plan”) in order to promote measures concerning sport in a comprehensive and systematic manner.
2  When the Minister of Education, Culture, Sports, Science and Technology establishes the Sport Basic Plan or changes it, the Minister shall hear the opinion of a council, etc. (an institution as provided in Article 8 of National Government Organization Act (Act No. 120 of 1948)  The same shall apply hereinafter.) which is specified by a Cabinet Order in advance.
3 When the Minister of Education, Culture, Sports, Science and Technology establishes the Sport Basic Plan or changes it, the Minister endeavors to liaise and coordinate in advance at the Sport Promotion Council provided in Article 30 regarding matters concerning measures of the relevant administrative institutions.


 (Local Sport Promotion Plan)
Article 10 The board of education of a prefecture, city (including a special ward.  The same shall apply hereinafter.), town and village (or a chairperson in the case of a local government) (“specified local government” hereinafter) where a chairperson controls and executes the clerical work (excluding clerical work concerning physical education of school) pursuant to the provisions in the ordinance of Article 24-2 Paragraph 1 in the Act on the Organization and Operation of Local Educational Administration (Act No. 162 of 1956) shall endeavor to make a plan concerning the promotion of sport making allowance for the Sport Basic Plan and in the context of the actual situation in the area.
2 When the chairperson of a specified local government provides or changes the local sport promotion plan, the chairperson shall hear the opinion of the board of education of the relevant specified local government in advance.


   Chapter III Basic Measures


  Section 1 Development of fundamental conditions for promotion of sport, etc.


 (Training of instructor, etc.)
Article 11 The national government and local government shall endeavor to implement the necessary measures including supporting development or usage of a systematic training system and holding research meetings or lectures (hereinafter “research meetings, etc.”) in order to train sport instructors and other human resources that contribute to the promotion of sport (hereinafter “instructor, etc.”), improve their quality and utilize them.

 (Improvement of sport facilities, etc.)
Article 12 The national government and local government shall endeavor to improve sport facilities (including equipment of sport. The same shall apply hereinafter.), improve the utilization of sport facilities according to the demands of users, allocate instructors to sport facilities and implement other necessary measures so that citizens may be familiarized with sport on a casual basis and at the same time the level of competition may be improved.
2  When the sport facilities are developed pursuant to the provisions of the previous paragraph, safety shall be secured according to the actual usage situation of the relevant sport facility, etc. and also the efforts shall be made to improve the convenience for persons with disabilities, etc.

 

 (Utilization of school facilities)
Article 13 A party providing a national school or public school as provided in Article 2 Paragraph 2 of School Education Act (Act No. 26 of 1947) shall endeavor to provide sport facilities at the relevant school for use in general sport, as long as it does not cause any problems for education at the relevant school.
2  The national government and local government shall endeavor to renovate the sport facilities of the relevant school, set lighting facilities and implement other necessary measures in order to facilitate the utilization mentioned in the previous paragraph or to improve convenience in usage.

 

 (Prevention of sport accidents, etc.)
Article 14 The national government and local government shall endeavor to train instructors, etc., improve sport facilities, disseminate knowledge on the preservation and development of physical and mental health and ensure safety in sport (including knowledge about the appropriate usage of sport goods) and implement other necessary measures in order to prevent or contribute to the reduction of sport accidents or other external injuries or problems caused by sport.


 (Prompt and proper resolution of disputes concerning sport)
Article 15 The national government shall support the organization that arbitrates or mediates disputes concerning sport, improve the quality of arbitration, etc., develop understanding of sport organization on dispute resolution procedures and implement other necessary measures contributing to the prompt and proper resolution of a dispute concerning sport so that neutrality and fairness of arbitration or mediation of a dispute concerning sport is secured and the rights and interests of those who play sport are protected.


 (Promotion of scientific research on sport, etc.)
Article 16 The national government shall promote actual and fundamental research by synthesizing various sciences concerning sport such as medicine, dentistry, physiology, psychology and dynamics and ensure effective promotion of the measures for sport utilizing the results of these researches.  In this case, the research system shall be improved, coordination between the national government, incorporated administrative agency, university, sport organization, private business operator, etc. shall be enhanced and other necessary measures shall be implemented.
2 In order to promote sport in Japan, the national government shall implement necessary measures for collecting, organizing and utilizing information on the holding condition of sport, the results of research and study performed to improve the competition level and the condition of efforts, and other internal and external information concerning sport.


 (Enrichment of school physical education)
Article 17 The national government and local governments shall endeavor to enrich the instruction concerning physical education, develop gymnasiums, athletic fields, swimming pools, martial art gyms and other sport facilities, improve the quality of teacher training for physical education, utilize sport instructors in the area and implement other necessary measures in consideration of the fact that physical education at schools contributes to sound development of mind and body in the youth, and it fulfills an important role in fostering the skill of sport and the attitude of developing familiarity with sport over a lifetime.


 (Coordination with business operators of sport industry, etc.)
Article 18 The national government promotes coordination and cooperation between sport organizations and business operators in the sport industry and implement other necessary measures, in consideration of the importance of the role played by the business operators of the sport industry for dissemination of sport and improvement at competition level.


 (Promotion of international exchange and contribution concerning sport)
Article 19 The national government and local governments shall endeavor to improve the competition level of Japan by dispatching and inviting sport players and instructors, etc., dispatching human resources to international organizations concerned with sport, holding international competitions and reseach meetings on sport etc. and implementing other necessary measures to promote international exchange and contribution concerning sport on a global scale, as well as shall endeavor to contribute to develop international mutual understanding and global peace with attention to conservation of the environment.


 (Award)
Article 20 The national government and local governments shall endeavor to reward those who achieve excellent results in sport games and those who contribute to the development of sport.
    
 Section 2 Development of an environment for ensuring various opportunities to play sport


 (Support to business for promotion of sport in local areas, etc.)
Article 21 The national government and local governments shall endeavor to support the business of sport promotion by sport organizations operated independently by citizens (hereinafter “local sport clubs”), deploy instructors, etc. for citizens to play sport safely and effectively, develop sport facilities where citizens can play sport comfortably and deepen mutual exchange and implement other necessary measures so that citizens become familiar with sport according to their interests and concerns.


 (Holding and encouraging sport events)
Article 22 Local governments shall endeavor to hold sport events including athletic meets, games, physical fitness tests and sport lessons that a wide range of citizens can participate in voluntarily and affirmatively, and to encourage local sport clubs and others in the holding of these events.
2 The national government provides necessary support to local government for the holding of the events mentioned in the previous paragraph.


 (Event on National Sport Day)
Article 23 The national government and local governments shall endeavor to hold events that deepen interest and concern for sport widely among citizens and that generate motivation to play sport affirmatively on the National Sport Day provided in Article 2 of Act on National Holidays (Act No. 178 of 1948), and shall endeavor to implement necessary measures and provide support to hold events so that a wide range of citizens can play sport in line with the actual status of their lives wherever they are.


 (Dissemination and encouragement of outdoor activities and sport/recreation activities) 
Article 24 In order to disseminate and encourage hiking, cycling, camping activities and other outdoor activities and recreation activities that are performed as sport (hereinafter in this Article “sport/recreation activities”) which are performed for the purpose of sound development of mind and body and the realization of prosperous lives, etc., the national government and local governments shall endeavor to improve sport facilities pertinent to outdoor activities or sport/recreation activities, hold events that become a venue for exchange among citizens and implement other necessary measures.

 

  Section 3 Improvement at competition level, etc.


 (Training of excellent sport players, etc.)
Article 25 In order to secure and train excellent sport players, the national government dispatches sport players and instructors, etc. to residential training conducted by sport organizations, international competitions or nationwide scale sport games, supports instruction and other activities for the youth with excellent quality, improves competition skills of sport players, develops the necessary environment to exert the good effects of these and implements other necessary measures.
2 In order for excellent sport players and instructors, etc. to apply their capabilities widely in society over their lifetime, the national government supports them in learning knowledge and skills with which they can play an active role in each field of society, facilitates the development of an environment where they can play an active role and implement other necessary measures.


 (National Sports Festival and National Sports Games for Persons with Disabilities)
Article 26  The National Sports Festival is held jointly by the Public Interest Incorporated Foundation of Japan Sports Association (a juridical entity as established under the name of the Incorporated Foundation of Japan Sports Association on August 8, 1927. The same shall apply hereinafter.), the national government and prefecture of the venue, and players selected by the method determined by these organizers participate and play athletics comprehensively.
2  The National Sports Games for Persons with Disabilities is held jointly by the Incorporated Foundation of Japan Sports Association for the Disabled (a juridical entity as established under the name of the Incorporated Foundation of the Japan Sport Association for the Disabled on May 24, 1965.  The same shall apply hereinafter.), the national government and prefecture of the venue, and players selected by the method determined by these organizers participate and play athletics comprehensively.
3 In order to contribute to the smooth holding and operation of the National Sports Festival and the National Sports Games for Persons with Disabilities, the national government provides the necessary support to the organizers of these games; the Public Interest incorporated foundation of Japan sports Association or the incorporated foundation of Japan Sports Association for the Disabled and the prefecture of the venue.


 (Support for bid or holding international competitions, etc.)
Article 27 In order to bid and hold international competitions in Japan smoothly, the national government develops the social momentum for it, secures the funds necessary for the pertinent bid or holding and implements special measures necessary for accepting foreign nationals who participate in the international competitions, with attention to conservation of the environment .
2 The national government cooperates closely with the Public Interest Incorporated Foundation of Japanese Olympic Committee (the juridical person as established under the name of the Incorporated Foundation of Japanese Olympic Committee on august 7, 1989), the incorporated foundation of Japan Sport Association for the Disabled and other sport organizations, when implementing necessary measures for the businesses conducted by pertinent organizations for the promotion of international scale sport.


 (Support for sport by enterprises, universities, etc.)
Article 28  The national government implements necessary measures for supporting sport by enterprises, universities, etc. in consideration of the importance of the role played by the sport teams of enterprises, etc. for dissemination of sport or improvement of the competition level.

 

 (Promotion of anti-doping activity)
Article 29  In order to implement anti-doping activities pursuant to  International Convention against Doping in Sport, the national government develops an environment for doping inspections, education and enlightenment in relation to the prevention of doping and other anti-doping activities, supports organizations, etc. concerning international anti-doping and implement other necessary measures, while coordinating with the Public Interest Incorporated Foundation of Japan Anti-Doping Agency (a juridical person as established under the name of the Incorporated Foundation of Japan Anti-Doping Agency on September 16 2001).

 


   Chapter IV Development of systems concerning promotion of sport


 (Sport Promotion Committee)
Article 30 In order to promote measures concerning sport in a comprehensive, unified and effective manner, the government establishes the Sport Promotion Committee, and liaises and coordinates with the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labor and Welfare, the Ministry of Economy, Trade, and Industry, the Ministry of Land, Infrastructure, Transport and Tourism and other concerned administrative institutions. 


 (Sport promotion council, etc. of prefecture, city, town and village)
Article 31 A council or other organ of the collegial system (hereinafter “sport promotion council, etc.”) may be established in a prefecture, city, town or village pursuant to the provision of the ordinance, in order to make council research, or review the local sport promotion plan and other important matters concerning promotion of sport.


 (Sport Promotion Members)
Article 32 In order to develop a system concerning the promotion of sport in the relevant city, town or village, the board of education of the city, town or village (a chairperson in the case of a specified local government) commissions Sport Promotion Members from persons who have social standing, profound interest in and understanding of sport, and the necessary passion and competence to conduct the duties provided in the following paragraph.
2 Sport Promotion Members conduct liaison and coordination pertinent to the implementation of the business for promotion of sport, provide instruction on practical sport skills to residents and provide other instruction and advice concerning sport pursuant to the provisions of the Board of Education Rules (rules of local government in the case of the specified local government) in order to promote sport in the relevant city, town or village.
3  Sport Promotion Members work on a part-time basis.

 


   Chapter V Subsidization by the national government, etc.


 (Subsidization by the national government)
Article 33 The national government partially subsidizes a local government for the expenses listed below within the limits of the budget, pursuant to the provisions of the Cabinet Orders.
 (i) Necessary prefectural expenses for the venue for holding and operation of the National Sports Festival Meet and the National Sports Games for Persons with Disabilities.
 (ii)  Other expenses which are incurred for the business conducted by the local government for promotion of sport, and are considered particularly necessary.
2 The national government may partially subsidize an incorporated educational institution for expenses incurred for development of sport facilities of schools within the limits of the budget.  In this case, the provisions from Article 11 to Article 13 of the Act on Subsidies for Private Schools (Act No. 61 of 1975) are applied.
3 The national government may partially subsidize a sport organization  whose business is considered to be of significant meaning for the promotion of sport in Japan, for the necessary expenses of said business within the limits of the budget.


 (Subsidization by a local government)
Article 34 Local governments may partially subsidize a sport organization for the necessary expenses for the business conducted for promotion of sport.


 (Consultation, etc. with a council, etc.)
Article 35 When the national government or local government grants a subsidy to an organization concerning social education (organization concerning social education provided in Article 10 of Social Education Act (Act No. 207 of 1949) pursuant to the provision of Article 33 or Article 34, the Minister of Education, Culture, Sports, Science and Technology shall hear the opinion of the council, etc, specified by a Cabinet Order provided in Article 9 Paragraph 2 in the case of the national government, and the board of education (the chairperson of a specified local government when it grants a subsidy for the business concerning sport (excluding business concerning physical education at school)) shall hear the opinion of the sport promotion council, etc. or another organ of the collegial system in the case of a local government, in advance. When these opinions are heard, it is not required for the opinion provided in Article 13 of the said Act to be heard.

 


   Supplementary Provisions

 (Effective date)
Article 1  This Act shall come into effect as of the day specified by Cabinet Order within a period not exceeding 6 months from the date of promulgation.

 

 (Comprehensive review of the modality of administrative organization for promotion of the measures concerning sport)
Article 2 The government shall review the modality of administrative organization including establishment of a Sport Agency and a council, etc. concerning sport in consideration of compliance with government’s basic policy for the administrative reform, and implements necessary measures based on the result.

 (Transitional measures concerning the plan on promotion of sport)
Article 3 When enforcing this Act, the basic plan on promotion of sport provided in Article 4 Paragraph 1 actually formulated by the provision of the said Article in the Sport Promotion Act prior to revision or the plan on promotion of sport provided in the said Article Paragraph 3 shall be deemed respectively as the Sport Basic Plan or local sport promotion plan formulated by the provision of Article 9 or Article 10 of revised The Basic Act on Sport.

 

 (Transitional measures concerning sport promotion members)
Article 4 When enforcing this Act, the physical education member actually commissioned pursuant to Article 19 Paragraph 1 of the Sport Promotion Act prior to revision shall be deemed as a sport promotion member commissioned pursuant to the provision of Article 32 Paragraph 1 of revised The Basic Act on Sport.

 (Partial revision of Local Tax Act)
Article 5 The Local Tax Act (Act No. 226 of 1950)
  “Sport Promotion Act (Act No. 141 of 1961) Article 6 Paragraph 1” in Item 1 of Article 75-3 is revised into “The Basic Act on Sport (Act No. 78 of 2011) Article 26 Paragraph 1”.

 

 (Partial revision of the Act on the Open University of Japan)
Article 6 The Act on the Open University of Japan (Act No. 156 of 2002) is partially revised as follows.
  “Sport Promotion Act (Act No. 141 of 1961) Article 20 Paragraph 2” in Item 4 of Article 17 is revised into “The Basic Act on Sport (Act No. 78 of 2011) Article 33 Paragraph 2”.

 (Partial revision of the Act on the Okinawa Institute of Science and Technology)
Article 7 The Act on the Okinawa Institute of Science and Technology (Act No. 76 of 2009) is partially revised as follows.
  “Sport Promotion Act (Act No. 141 of 1961) Article 20 Paragraph 2” in Article 20 Item 4 is revised into “The Basic Act on Sport (Act No. 78 of 2011) Article 33 Paragraph 2”.
 

 

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