Bun'ya-chōsei-hō
| Basic data | |
|---|---|
| Title: |
中小企業 の 事業 活動 の 機会 の 確保 の た め の 大 企業 者 の 事業 活動 の 調整 に 関 す る 法律 chūshō kigyō no jigyō katsudō no kikai no kakuho no tame no daiki gyōsh "a no jigyō suru hatsudō noits "law no jigyō suru hatsudō noitsudō noits regarding regulation the operations of large enterprises for the purpose of ensuring equal opportunities of business activities of small and medium enterprises " English Act on securing Business opportunities for Small and medium-sized enterprises by Adjusting Business activities of large enterprises |
| Short title: |
分野 調整 法 Bun'ya-chōsei-hō "Business Areas Regulation Act" |
| Type: | hōritsu |
| Number: |
昭和 52 年 6 月 25 日 法律 第 74 号 Law No. 74 of June 25 Shōwa 52 (1977) |
| Last change by: | Law No. 87 of July 26th Heisei 17 (2005) |
| Legal text on the Internet: | law.e-gov.go.jp |
| Please note the note on the applicable legal version . Only the Japanese legal texts have legal effect, not translations into English or other languages. | |
The Bun'ya-chōsei-hō ( Japanese 分野 調整 法 , dt. About: "Business Field Regulation Act"), official title: Chūshō kigyō no jigyō katsudō no kikai no kakuho no tame no daiki gyōsha no jigyō katsudō no chōsei ni suru hōritsu , is an applicable Japanese law that restricts large corporations from operating in business areas dominated by small and medium-sized enterprises (SMEs).
history
Since SMEs are economically disadvantaged compared to large companies, the Japanese government decided in 1963 with the Chūshō-kigyō-kihon-hō ( 基本法 基本法 , dt. "SME Basic Law"), a law that provided general guidelines for the promotion of small and medium- sized companies , Including funding boosts for the modernization of the plants, technology promotion and the establishment of an advisory committee ( 中小企業 政策 審議 会 , chūshō kigyō seisaku shingikai ) in the Ministry of Economic Affairs . With the Daikibo-kōritempo-hō ( 大規模 小 売 店舗 法 , Eng . "Wholesale Retail Store Act") issued in 1973 - restricted under pressure from the United States in 1991 and repealed in 2000 - the government began to regulate retail chains in favor of small retailers. With this law, department store chains were obliged, if they intended to open a new department store, to report this project in advance to the authorities, who then checked the effects on the small retailers after feedback with the local Chamber of Industry and Commerce and determined whether, when and how (e.g. B. by reducing the retail space) was allowed to open the department store.
This was a first step to restrict the business activities of large companies in favor of SMEs. Based on this, the Bun'ya-chōsei-hō was finally announced on June 25, 1977 , which prescribes a similar procedure, but extends the regulation to the business activities of all large companies.
content
It is the intention of the law that large companies do not endanger the stability of SMEs when expanding their business area and that they adequately ensure equal opportunities for the business activities of SMEs (§1).
SMEs within the meaning of the law are defined as (§2):
- manufacturing companies, construction companies, transportation companies or the like with capital less than 300 million yen and fewer than 300 employees; or
- Wholesale companies with capital less than 100 million yen and less than 100 employees; or
- Service companies with capital less than 50 million yen and fewer than 100 employees; or
- Retail company with capital less than 50 million yen and fewer than 50 employees.
If a large company wants to start or expand a new business activity, it must not harm the interests of SMEs (§3). Both parties are encouraged to kindly resolve any disputes in advance (§4). If this is not possible, the affected SMEs can lodge a complaint with the responsible prefectural governor at regional level or the responsible minister at national level (§5). The minister can then order the start-up or expansion of business activities to be postponed or reduced in scope. If necessary, he can consult an SME policy committee (§7).
At the national level, this committee was set up on September 24, 1977 as Chūshō kigyō bun'yatō chōsei shingikai ( 中小企業 分野 等 調整 審議 会 , German "Advisory Committee on the Regulation of SME Business Areas , etc.") under the Ministry of Economic Affairs, the 16 people mainly from various medium-sized interest groups, each appointed for a two-year term. In fact, this has been since its existence until min. Not consulted a single time in 1995, mainly because the minister responsible has the right to make “recommendations” during negotiations between the two parties.
Examples
According to the law, various products are produced exclusively by small or medium-sized companies , such as lemonade ( ramune ), or to a large extent, such as tofu or bottled coffee. For example, when the large company Morinaga Nyūgyō intended to start producing tofu, after the intervention of the tofu manufacturer, it was obliged to produce no more than 50,000 pieces per year.
Individual evidence
- ↑ 第 ９ 章 取 引 ・ 官 公 需 支援 、 事業 分野 の 調整 第 ４ 節 事業 分野 の 調整 . In: 中小企業 施 策 総 覧 . METI , accessed July 20, 2013 (Japanese).
- ↑ 中小企業 基本法 . In: 百科 事 典 マ イ ペ デ ィ ア at kotobank.jp. Retrieved July 21, 2013 (Japanese).
- ^ Jūrō Teranishi: Evolution of the Economics System in Japan . Edward Elgar, Cheltenham 2005, ISBN 1-84376-163-7 , pp. 33–34 ( limited preview in Google Book search).
- ^ Toshiyuki Kano: Judges and Mediators in Japan: The Administration as Motionless Mediator? In: Harald Baum (Ed.): Japan: Economic Success and Legal System . deGruyter, Berlin 1997, ISBN 3-11-015160-X , p. 76 ( limited preview in Google Book search).
- ↑ Toshiyuki Kano, pp. 70-71
- ↑ a b Yasunobu Satō: Commercial Dispute Processing and Japan . S. 108–109 ( limited preview in Google Book search).
- ↑ 中小企業 分野 等 調整 審議 会 . METI , accessed July 21, 2013 (Japanese).
- ↑ Toshiyuki Kano, p. 77
- ↑ Shigeyuki Yamamoto: 第32回「ラムネとサイダー」 9月の執筆者は,チーフアドバイザー(技術)山本茂之です. . (No longer available online.) Organization for Small & Medium Enterprises and Regional Innovation, September 7, 2011, archived from the original on February 11, 2013 ; Retrieved July 21, 2013 (Japanese). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Toshiyuki Kano, p. 78
