A video encoding device for time hierarchically encoding, which stratifies a plurality of pictures of an inputted video signal into a basic hierarchical layer which is a hierarchical layer only including a base layer picture to be referred to for prediction, and a hierarchical layer of a picture other than the base layer picture of the basic hierarchical layer, and which encodes the stratified plurality of pictures to generate a bitstream, the video encoding device comprising: a variable length encoding unit which encodes a basic hierarchical layer existence flag showing whether or not the base layer picture of the basic hierarchical layer is included in the bitstream, wherein the variable length encoding unit, from the plurality of pictures of the inputted video signal, generates: in case the base layer picture of the basic hierarchical layer is included in the bitstream and in case the base layer picture of the basic hierarchical layer and a picture of a hierarchical layer other than the basic hierarchical layer are included in the bitstream, the bitstream in which the basic hierarchical layer existence flag is included and shows that the base layer picture of the basic hierarchical layer is included in the bit stream, and in case the base layer picture of the basic hierarchical layer is not included in the bitstream, the bitstream in which the basic hierarchical layer existence flag is included and shows that the base layer picture of the basic hierarchical layer is not included in the bitstream, wherein the variable length encoding unit transmits the bitstream which includes the base layer picture of the basic hierarchical layer, and transmits the bitstream which does not include the base layer picture of the basic hierarchical layer. a variable length encoding unit which encodes a basic hierarchical layer existence flag showing whether or not the base layer picture of the basic hierarchical layer is included in the bitstream, wherein the variable length encoding unit, from the plurality of pictures of the inputted video signal, generates: in case the base layer picture of the basic hierarchical layer is included in the bitstream and in case the base layer picture of the basic hierarchical layer and a picture of a hierarchical layer other than the basic hierarchical layer are included in the bitstream, the bitstream in which the basic hierarchical layer existence flag is included and shows that the base layer picture of the basic hierarchical layer is included in the bit stream, and in case the base layer picture of the basic hierarchical layer is not included in the bitstream, the bitstream in which the basic hierarchical layer existence flag is included and shows that the base layer picture of the basic hierarchical layer is not included in the bitstream, wherein the variable length encoding unit transmits the bitstream which includes the base layer picture of the basic hierarchical layer, and transmits the bitstream which does not include the base layer picture of the basic hierarchical layer. in case the base layer picture of the basic hierarchical layer is included in the bitstream and in case the base layer picture of the basic hierarchical layer and a picture of a hierarchical layer other than the basic hierarchical layer are included in the bitstream, the bitstream in which the basic hierarchical layer existence flag is included and shows that the base layer picture of the basic hierarchical layer is included in the bit stream, and in case the base layer picture of the basic hierarchical layer is not included in the bitstream, the bitstream in which the basic hierarchical layer existence flag is included and shows that the base layer picture of the basic hierarchical layer is not included in the bitstream, wherein the variable length encoding unit transmits the bitstream which includes the base layer picture of the basic hierarchical layer, and transmits the bitstream which does not include the base layer picture of the basic hierarchical layer.