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旅館業法1/Inns and Hotels Act1

Yuki

#旅館業 #法律 #ai #law #Chibil #Japan


The 旅館業法 (Ryokan Gyoho), or Inns and Hotels Act, governs the operation of lodging businesses in Japan, ensuring public safety, health standards, and proper management. This article explores how Japan's laws around accommodations compare with global regulations, focusing on recent updates to Japanese laws.

Legal Classification and Historical Context

  • Legal Classification: The Ryokan Gyoho is an administrative law regulating businesses that provide lodging services.

  • History: Enacted in 1948, it was designed to address post-war public health and safety issues in lodging facilities. It has since evolved, adapting to new tourism demands and the rise of short-term rental businesses.

  • Implementation: Local health centers and municipal governments enforce the law, focusing on building codes, fire safety, sanitation, and the overall safety of the facilities.

Key Provisions of the Ryokan Gyoho

  1. License Requirement: All types of lodging facilities must obtain a business license before they can legally operate.

  2. Classification of Facilities: The law recognizes four types of lodging facilities:

    • Ryokan (traditional Japanese inns)

    • Hotels

    • Simple Lodging (such as hostels)

    • Boarding Houses (long-term lodging)

  3. Health and Safety Regulations: All accommodations must meet specific fire safety, hygiene, and building standards, with regular inspections conducted by local authorities.

  4. Minpaku Law: With the rise of short-term rentals, the 2018 Minpaku law was introduced. It limits private accommodations to 180 nights per year and enforces strict regulations to protect neighbors and ensure guest safety

Global Comparisons: Lodging Laws in Other Countries

1. United States

  • Similar Law: U.S. lodging laws vary by state, with each state mandating licensing and adherence to health and safety regulations.

  • Differences:

    • The Americans with Disabilities Act (ADA) mandates accessibility standards for hotels in the U.S., which are stricter than Japan’s Ryokan Gyoho.

    • U.S. regulations are often decentralized and vary between states, while Japan maintains uniform national standards.

2. United Kingdom

  • Similar Law: The Hotel Proprietors Act 1956 governs hotel operations and the liability of hoteliers.

  • Differences:

    • The UK places significant emphasis on hotelier liability for guests' property, which Japan’s Ryokan Gyoho does not emphasize.

    • Additionally, the UK uses a star-based classification system to rate hotels, something Japan’s law does not require.

3. France

  • Similar Law: The French Tourism and Accommodation Regulations include a 1-5 star classification system, categorizing hotels based on comfort and amenities.

  • Differences:

    • France emphasizes taxation and regional tourism control more heavily, whereas Japan's regulations focus on public safety and health.

    • Short-term rentals are also regulated but with less emphasis on cultural preservation, as seen in Japan’s Ryokan provisions.

Trends in Lodging Regulation

1. Digitalization and Short-term Rentals

  • In response to the rise of platforms like Airbnb, Japan implemented the Minpaku law. This law limits short-term rental usage to 180 days per year and sets strict regulations on safety, sanitation, and neighborhood impact​

2. Post-Pandemic Health Protocols

  • Globally, health protocols have become stricter in the lodging industry. Japan has adapted by enforcing increased hygiene and sanitation checks in all lodging facilities

3. Sustainability in Hospitality

  • While Japan’s Ryokan Gyoho doesn’t emphasize sustainability, global lodging trends are moving toward environmentally conscious operations, especially in the EU and the UK, which might influence future changes in Japan’s lodging laws.

Key Differences Between Japan's Ryokan Gyoho and International Laws

Advice for Foreigners Operating or Using Lodging Facilities in Japan

  1. Operating an Accommodation:

    • Foreigners wishing to run a lodging facility must secure a license and comply with health and safety regulations. Short-term rental operators must also comply with the Minpaku law, which limits operation to 180 days annually

  2. Staying in a Ryokan:

    • Foreign visitors should be aware of the unique traditions of staying in a ryokan. This includes abiding by rules regarding noise, cleanliness, and proper use of shared spaces​

  3. Airbnb or Minpaku Use:

    • Ensure that the Airbnb or other short-term rental complies with the Minpaku law. Some regions limit rental periods, especially in urban centers like Tokyo

References

  1. Ministry of Land, Infrastructure, Transport and Tourism (MLIT) - Minpaku Law Portal: Detailed explanation of the Private Lodging Business Act and its provisions for operating short-term rentals in Japan. https://www.mlit.go.jp

  2. MATCHA Japan Travel Guide - Minpaku Law Overview: Overview of how the Minpaku law operates in various regions of Japan and the restrictions on short-term rentals. https://matcha-jp.com

  3. Airbnb Responsible Hosting Guide: Provides guidance on hosting Airbnb listings in Japan, including safety, hygiene, and compliance with local laws. https://www.airbnb.com

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