Difference between revisions of "Japan NGO Sector"

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m (→‎Table II: Change in Public Interest Legal Persons (PILPs) in Japan)
(→‎“Article 34 of Civil Code” and “Law to Promote Specified Nonprofit Activities”)
 
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==Brief History of Non Profit Organization Law in Japan==
 
==Brief History of Non Profit Organization Law in Japan==
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“Article 34 of Civil Code” and “Law to Promote Specified Nonprofit Activities”
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Article 34 of Civil Code 0f1896 was the very first law for non profit organizations. Under this law, qualified organizations for Public Interest Legal Persons (PILPs also known as Koeki Hojin) are recognized as public benefit judicial bodies and also entitled to receive tax privileges from state. However, in order to register as PILPs, the organization must have significant revenues and capital: the organization must establish having a minimum 300 million yen ($2.5 million) in funds and at least minimum 30 million yen ($ 0.25 million) for annual operating budget . Besides these strict financial requirements, Article 34 of Civil Code also lists various qualifications that many start-up voluntary organizations or charities may not meet. In addition to those hurdles, in order to be PILPs, organization needs to pass the permitting system given by the government permitting ministry. If the organization’s objectives differ from the permitting ministry’s objects, it is also hard to gain PILP status . For these reasons, many charitable organizations have operated without recognition as public benefit judicial bodies by the Japanese government. The state registration for organizations has and continues to pose difficulties for small grassroots organizations to launch or expand their volunteer activities. Without official recognition by the state, they are unable to rent office space, open a bank account, and not able to receive tax deductions as a public benefit judicial body .   
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====“Article 34 of Civil Code” and “Law to Promote Specified Nonprofit Activities”====
 +
Article 34 of Civil Code 0f1896 was the very first law for non profit organizations. Under this law, qualified organizations for Public Interest Legal Persons (PILPs also known as Koeki Hojin) are recognized as public benefit judicial bodies and also entitled to receive tax privileges from state. However, in order to register as PILPs, the organization must have significant revenues and capital: the organization must establish having a minimum 300 million yen ($2.5 million) in funds and at least minimum 30 million yen ($ 0.25 million) for annual operating budget . Besides these strict financial requirements, Article 34 of Civil Code also lists various qualifications that many start-up voluntary organizations or charities may not meet. In addition to those hurdles, in order to be PILPs, organization needs to pass the permitting system given by the government permitting ministry. If the organization’s objectives differ from the permitting ministry’s objects, it is also hard to gain PILP status . For these reasons, many charitable organizations have operated without recognition as public benefit judicial bodies by the Japanese government. The state registration for organizations has and continues to pose difficulties for small grassroots organizations to launch or expand their volunteer activities. Without official recognition by the state, they are unable to rent office space, open a bank account, and not able to receive tax deductions as a public benefit judicial body .  <membersonly>
 +
 
 
After the great Hanshin-Awaji Earthquake in January 1995, grassroots volunteer activities in Japan experienced a momentum and rapid growth. In the aftermath of disaster, Japanese bureaucratic civil service system was not able to respond to the disaster and provide relief effort early enough. On the other hand, volunteer groups reacted promptly to the massive disaster and provided enormous assistance. Two months after the disaster, more than 1.2 million volunteers went to the area to support victims and approximately $160 billion US dollars in donation flew in to the disaster area. Many of those volunteer groups are not PILPs but rather individuals or grassroots volunteer groups without legal recognition .  
 
After the great Hanshin-Awaji Earthquake in January 1995, grassroots volunteer activities in Japan experienced a momentum and rapid growth. In the aftermath of disaster, Japanese bureaucratic civil service system was not able to respond to the disaster and provide relief effort early enough. On the other hand, volunteer groups reacted promptly to the massive disaster and provided enormous assistance. Two months after the disaster, more than 1.2 million volunteers went to the area to support victims and approximately $160 billion US dollars in donation flew in to the disaster area. Many of those volunteer groups are not PILPs but rather individuals or grassroots volunteer groups without legal recognition .  
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This remarkable response of volunteer groups was recognized in the society through the media and after three years of intense lobbying, the Japanese government reconsidered its legal system to form civil society. In 1998, the Japanese government passed a new law that supports those volunteers groups to have legal status to operate their activities: The NPOs, the Law to Promote Specified Nonprofit Activities, also known as the NPO Law .  
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This remarkable response of volunteer groups was recognized in the society through the media and after three years of intense lobbying, the Japanese government reconsidered its legal system to form civil society. In 1998, the Japanese government passed a new law that supports those volunteers groups to have legal status to operate their activities: The NPOs, the Law to Promote Specified Nonprofit Activities, also known as the NPO Law.
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The NPO Law was created to enhance the volunteer activities scope and activities of voluntary organizations. The NPO law states: “the purpose of this law is to promote the sound development of specified nonprofit activities in the form of volunteer and other activities freely performed by citizens to benefit society, through such measures as the provision of corporate status to organizations that undertake specified nonprofit a activities, and thereby to contribute to advancement of the public welfare” (Article 1 of Law to Promote Specified Nonprofit Activities). Furthermore, through the NPO Law, these grassroots volunteer organizations gained not only legal status to operate their activities but also established legitimacy in the society.
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Types of NPO in Japan  
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The NPO Law was created to enhance the volunteer activities scope and activities of voluntary organizations. The NPO law states: “the purpose of this law is to promote the sound development of specified nonprofit activities in the form of volunteer and other activities freely performed by citizens to benefit society, through such measures as the provision of corporate status to organizations that undertake specified nonprofit a activities, and thereby to contribute to advancement of the public welfare” (Article 1 of Law to Promote Specified Nonprofit Activities). Furthermore, through the NPO Law, these grassroots volunteer organizations gained not only legal status to operate their activities but also established legitimacy in the society.
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====Types of NPO in Japan====
 
There are two major types of NPOs in Japan that are legally recognized and receive special tax privileges: (1) Koueki Hojin, Public Interest Legal Persons (PILPs) and (2) Tokutei Hieiri Katsudo Hojin, or Specified Nonprofit Corporations (SNCs). Within various types of PILPs, there are only two categories of PILPs can operate volunteer activities; foundations (Zaidan Hojin) and association (Sandan Hojin). An association is formed by its members; and receive funding from the members. Foundations, on the other hand, do not have members; rather a set of funds which are used according to the foundation’s suggested purposes.
 
There are two major types of NPOs in Japan that are legally recognized and receive special tax privileges: (1) Koueki Hojin, Public Interest Legal Persons (PILPs) and (2) Tokutei Hieiri Katsudo Hojin, or Specified Nonprofit Corporations (SNCs). Within various types of PILPs, there are only two categories of PILPs can operate volunteer activities; foundations (Zaidan Hojin) and association (Sandan Hojin). An association is formed by its members; and receive funding from the members. Foundations, on the other hand, do not have members; rather a set of funds which are used according to the foundation’s suggested purposes.
 
The designation of Tokuei Hieriri Katudo Hojin (Specified Nonprofit Corporations (SNCs), az created by the NPO Law of 1998. To be qualified as a SNC, the organization is required to the following conditions;
 
The designation of Tokuei Hieriri Katudo Hojin (Specified Nonprofit Corporations (SNCs), az created by the NPO Law of 1998. To be qualified as a SNC, the organization is required to the following conditions;
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|-
 
|-
  
 +
| 8
 +
 +
| Protection of human rights or promotion of peace
 +
 +
| 4208
 +
 +
| 15.3
 +
 +
|-
 +
 +
| 9
 +
 +
| International cooperation
 +
 +
| 5666
 +
 +
| 20.7
 +
 +
|-
 +
 +
| 10
 +
 +
| Promotion of a society with equal gender participation
 +
 +
| 2421
 +
 +
| 8.8
 +
 +
|-
 +
 +
| 11
 +
 +
| Sound nurturing of youth
 +
 +
| 10938
 +
 +
| 39.9
 +
 +
|-
 +
 +
| 12
 +
 +
| Development of information technology
 +
 +
| 2092
 +
 +
| 7.6
 +
 +
|-
 +
 +
| 13
 +
 +
| Promotion of science and technology
 +
 +
| 1055
 +
 +
| 3.8
 +
 +
|-
 +
 +
| 14
 +
 +
| Promotion of economic activities
 +
 +
| 2902
 +
 +
| 10.6
 +
 +
|-
 +
 +
| 15
 +
 +
| Development of vocational expertise or expansion of employment opportunities
 +
 +
| 3738
 +
 +
| 13.6
 +
 +
|-
 +
 +
| 16
 +
 +
| Protection of consumers
 +
 +
| 1308
 +
 +
| 4.8
 +
 +
|-
 +
 +
| 17
 +
 +
| Administration of organization that engage in the above activities or provision of liaison, advice, or assistance in connection with the advice, or assistance in connection with above activities
 +
 +
| 12320
 +
 +
| 44.9
 +
 +
|-
 
|}
 
|}
  
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==References==
 
==References==
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*Cabinet Office of Japan, NPO Homepage: 
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*[http://www.npo-homepage.go.jp/data/bunnya.html|Cabinet Office of Japan, NPO Homepage]
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*Cabinet Office of Japan 2000 White Paper on the National Lifestyle Fiscal Year 2000(Summary)
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*[http://www5.cao.go.jp/2000/c/1110wp-seikatsu-e/main.html|Cabinet Office of Japan 2000 White Paper on the National Lifestyle Fiscal Year 2000(Summary)]
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*Gilson, Julie. 2003 Japan’s pursuit of human security: humanitarian agenda or political pragmatism? Japan Forum 15(2): 193-207.
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*[http://www.usig.org/countryinfo/japan.asp|Gilson, Julie. 2003 Japan’s pursuit of human security: humanitarian agenda or political pragmatism? Japan Forum 15(2): 193-207.]
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*Japan Association of Charitable Organization (JACO) 2006. Koeki Hojin (Zaidan hojin and shadan hojin)  
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*[http://www.kohokyo.or.jp/non-profit/hojin/koeki/outlook.html|Japan Association of Charitable Organization (JACO) 2006. Koeki Hojin (Zaidan hojin and shadan hojinht)]
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*Law to Promote Specified Nonprofit Activities (Unofficial Translation)
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*[http://www.jcie.or.jp/civilnet/monitor/npo_law.pdf|Law to Promote Specified Nonprofit Activities (Unofficial Translation)]
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*Ministry Internal Affairs and Communications 2006 White paper
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*[http://www.soumu.go.jp/menu_05/hakusyo/koueki/2006_honbun.html|Ministry Internal Affairs and Communications 2006 White paper]
 
*Pekkanen, Robert. 2000 Japan’s New Politics: Case of NPO Law. Journal of Japanese Studies, 26 (1): 111-148.  
 
*Pekkanen, Robert. 2000 Japan’s New Politics: Case of NPO Law. Journal of Japanese Studies, 26 (1): 111-148.  
 
*Takao, Yasuo. 2001. The Rise of the “Third Sector” in Japan. Asian Survey. 41(2): 290-209
 
*Takao, Yasuo. 2001. The Rise of the “Third Sector” in Japan. Asian Survey. 41(2): 290-209
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*U.S. International Grantmaking. 2006. Country Information: Japan  
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*[http://www.usig.org/countryinfo/japan.asp|U.S. International Grantmaking. 2006. Country Information: Japan]
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External Link
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Japanese NPO/NGO information links
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==External Link==
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*Japan NPO Center
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*NGO Network Japan *Translation to English is available at Japanese site
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===Japanese NPO/NGO information links===
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*NPO Home Page – Japanese government’s NPO information page *In Japanese Only
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*The Ministry of Foreign Affairs of Japan: Partnership with Japanese NGOs under ODA
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*[http://www.jnpoc.ne.jp/English/index.html|Japan NPO Center]
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Major Japanese NPOs working on International Developments
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*[http://www.ngo.ne.jp/news+archive.htm|NGO Network Japan] *Translation to English is available at Japanese site
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Public Interest Legal Persons (PILPs)  
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*[http://www.npo-homepage.go.jp/|NPO Home Page – Japanese government’s NPO information page *In Japanese Only]
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Foundation (Zaidan hojin)
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*[http://www.mofa.go.jp/policy/oda/category/ngo/index.html|The Ministry of Foreign Affairs of Japan: Partnership with Japanese NGOs under ODA]
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 +
=== Major Japanese NPOs working on International Developments ===
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 +
 
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'''Public Interest Legal Persons (PILPs)'''
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 +
''Foundation (Zaidan hojin)''
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*Association for Promotion of International Cooperation*In Japanese Only
 
*Association for Promotion of International Cooperation*In Japanese Only
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*Foundation for International Development/Relief (FIDR)
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*[http://www.fidr.or.jp/|Foundation for International Development/Relief (FIDR)]
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*International Develop Center of Japan
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*[http://www.idcj.or.jp/indexe.htm|International Develop Center of Japan]
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*International Friendship Foundation (IFF)　
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*[http://www.iffjapan.or.jp/english/|International Friendship Foundation (IFF)]
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*Japan Center for International Exchange (JCIE)
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*[http://www.jcie.or.jp/index.html|Japan Center for International Exchange (JCIE)]
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*Japan International Medical Technology Foundation (JIMTEF)
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*[http://www.jimtef.or.jp/english/eindex.htm|Japan International Medical Technology Foundation (JIMTEF)]
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*OISCA
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*[http://www.oisca.org/e/index.htm| OISCA]
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*The Foundation for Advanced Studies on International Development (FASID)
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*[http://www.fasid.or.jp/english/index.html|The Foundation for Advanced Studies on International Development (FASID)]
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Association (Shadan hojin)
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*Association for Aid and Relief, Japan (AAR Japan)
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''Association (Shadan hojin)''
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*Association for Japanese-Language Teaching (AJALT)
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*National Federation of UNESCO Associations in Japan (NFUAJ)
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*[http://www.aarjapan.gr.jp/english/index.html|Association for Aid and Relief, Japan (AAR Japan)]
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Specified Nonprofit Corporations (SNCs)　
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*[http://www.ajalt.org/e/index.html|Association for Japanese-Language Teaching (AJALT)]
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*ADRA*In Japanese Only
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*[http://www.unesco.jp/en/index.html|National Federation of UNESCO Associations in Japan (NFUAJ)]
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*Japan International Volunteer Center (JVC)
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*Japanese NGO Center for International Cooperation (JANIC)  
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'''Specified Nonprofit Corporations (SNCs)　'''
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*JEN
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*Medicines Sans Frontieres Japon *In Japanese Only
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*[http://www.adrajpn.org/| ADRA]*In Japanese Only
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*Peace Winds Japan
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*[http://www.ngo-jvc.net/en/index.html|Japan International Volunteer Center (JVC)]
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*SHAPALA NEER “Citizens’ Committee in Japan for Overseas Support”
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*[http://www.janic.org/en/en-index.html|Japanese NGO Center for International Cooperation (JANIC)]
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*World Vision Japan
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*[http://www.jen-npo.org/en/index.html| JEN]
 +
*[http://www.msf.or.jp/index.php|Medicines Sans Frontieres Japon] *In Japanese Only
 +
*[http://www.peace-winds.org/en/index.html|Peace Winds Japan]
 +
*[http://www.shaplaneer.org/english_site/index.html|SHAPALA NEER “Citizens’ Committee in Japan for Overseas Support”]
 +
*[http://www.worldvision.or.jp/English/index.html|World Vision Japan]

Latest revision as of 08:15, 17 July 2008

Brief History of Non Profit Organization Law in Japan

“Article 34 of Civil Code” and “Law to Promote Specified Nonprofit Activities”

Article 34 of Civil Code 0f1896 was the very first law for non profit organizations. Under this law, qualified organizations for Public Interest Legal Persons (PILPs also known as Koeki Hojin) are recognized as public benefit judicial bodies and also entitled to receive tax privileges from state. However, in order to register as PILPs, the organization must have significant revenues and capital: the organization must establish having a minimum 300 million yen ($2.5 million) in funds and at least minimum 30 million yen ($ 0.25 million) for annual operating budget . Besides these strict financial requirements, Article 34 of Civil Code also lists various qualifications that many start-up voluntary organizations or charities may not meet. In addition to those hurdles, in order to be PILPs, organization needs to pass the permitting system given by the government permitting ministry. If the organization’s objectives differ from the permitting ministry’s objects, it is also hard to gain PILP status . For these reasons, many charitable organizations have operated without recognition as public benefit judicial bodies by the Japanese government. The state registration for organizations has and continues to pose difficulties for small grassroots organizations to launch or expand their volunteer activities. Without official recognition by the state, they are unable to rent office space, open a bank account, and not able to receive tax deductions as a public benefit judicial body .


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