Act on Proper Technical Intern Training and Protection of Technical Intern Trainees

The purpose of this Act, in conjunction with the Act on Immigration Control and Refugee Status Recognition Act (Cabinet Order No. 319 of 1951; hereinafter referred to as the "Immigration Control Act" in the following Article and Article 48, paragraph (1)),) and other laws and regulations on immigration, and as well as the Labor Standards Act (Act No. 49 of 1947), the Industrial Safety and Health Act (Act No. 57 of 1972), and other laws and regulations on labor, is to ensure the proper implementation of the training of,establish basic principles and protection clarify responsibilities of technical intern trainees,the national government and promoting international cooperation through the transfer of skills, techiniqueother relevant parties with respect to employment for skill development, and knowledge (hereinafter referred to as "skills, etc.") to developing countriesto ensure the proper implementation of employment for skill development and other regions through human resourcethe protection of skill development, employees by way of establishing basic principles and clarifying related responsibilities establishing systems for the accreditation of employment-for-skill-development plans and the licensing of the national government supervising and support organizations, and taking other relevant parties for technical intern training as well as establishing systems for the accreditation of technical intern training plansmeasures, thereby fostering human resources with skills requiring considerable degree of knowledge or experience in the employment-for-skill-development industrial fields and the licensing of supervising organizationssecuring human resources in the employment-for-skill-development industrial fields.

The term "technical intern training" as usedterms in this Act means individual-enterprise-type technical intern training and supervising-organization-type technical intern training, and the term "technical intern trainees"following items as used in this Act means individual-enterprise-type technical intern trainees and supervising-organization-type technical intern traineesare to have the meanings as are defined in each item.

The term "individual-enterprise-type technical intern training" as used in this Act means the following:

individual-enterprise-type technical intern training (i) (meaning training where a foreign national (meaning a foreign national as prescribed in Article 2, item (i) of the Immigration Control Act; the same applies hereinafter) who is an employee at a Japanese private or public organization's place of business located outside of Japan, or a foreign national who is an employee at a place of business located outside of Japan which belongs to a foreign private or public organization that has a close relationship specified by order of the competent ministry with a Japanese private or public organization, receives status of residence in Japan (limited to that under item (i), sub-item (a) listed in the right-hand column corresponding to "Technical Intern Training" of Appended Table I-2 of the Immigration Control Act) through being accepted by that Japanese private or public organization, attends lectures provided by that Japanese private or public organization, and engages in relevant work at that Japanese organization's place of business located in Japan in order to acquire skills, etc. through an employment contract with that organization; the same applies hereinafter);

individual-enterprise-type technical intern training (ii) (meaning training where a person who has completed individual-enterprise-type technical intern training (i), for the purpose of increasing proficiency in skills, etc., receives status of residence in Japan (limited to that under item (ii), sub-item (a) listed in the right-hand column corresponding to "Technical Intern Training" of Appended Table I-2 of the Immigration Control Act), and engages in relevant work which requires those skills, etc. at a place of business located in Japan belonging to a Japanese private or public organization, through an employment contract with that organization; the same applies hereinafter); and

individual-enterprise-type technical intern training (iii) (meaning training where a person who has completed individual-enterprise-type technical intern training (ii) and has a status of residence in Japan (limited to that under item (iii), sub-item (a) listed in the right-hand column corresponding to "Technical Intern Training" of Appended Table I-2 of the Immigration Control Act) engages in relevant work which requires those skills, etc. at a place of business located in Japan belonging to a Japanese private or public organization through an employment contract with that organization, for the purpose of attaining proficiency in skills, etc.; the same applies hereinafter).

The term "individual-enterprise-type technical intern trainee" as used in this Act means the following:

individual-enterprise-type technical intern trainee (meaning a foreign national who engages in individual-enterprise-type technical intern training (i); the same applies hereinafter);

individual-enterprise-type technical intern trainee (ii) (meaning a foreign national who engages in individual-enterprise-type technical intern training (ii); the same applies hereinafter); and

individual-enterprise-type technical intern trainee (iii) (meaning a foreign national who engages in individual-enterprise-type technical intern training (iii); the same applies hereinafter).

The term "supervising-organization-type technical intern training" as used in this Act means the following:

supervising-organization-type technical intern training (i) (meaning training where a foreign national receives status of residence in Japan (limited to that under item (i), sub-item (b) listed in the right-hand column corresponding to "Technical Intern Training" of Appended Table I-2 of the Immigration Control Act) through being accepted by a nonprofit Japanese corporation, attends lectures provided by that corporation, and engages in relevant work at a place of business located in Japan belonging to a Japanese private or public organization under that corporation's supervision, through an employment contract with that organization, in order to acquire skills, etc.; the same applies hereinafter);

supervising-organization-type technical intern training (ii) (meaning training where a person who has completed supervising-organization-type technical intern training (i) receives a status of residence in Japan (limited to that under item (ii), sub-item (b) listed in the right-hand column corresponding to "Technical Intern Training" of Appended Table I-2 of the Immigration Control Act), and engages in relevant work at a place of business located in Japan which belongs to a Japanese private or public organization under a nonprofit Japanese corporation's supervision, through an employment contract with that organization, in order to increase proficiency in skills, etc.; the same applies hereinafter); and

supervising-organization-type technical intern training (iii) (meaning training where a person who has completed supervising-organization-type technical intern training (ii) receives a status of residence in Japan (limited to that under item (iii), sub-item (b) listed in the right-hand column corresponding to "Technical Intern Training" of Appended Table I-2 of the Immigration Control Act) and engages in relevant work at a place of business located in Japan which belongs to a Japanese private or public organization under a nonprofit Japanese corporation's supervision, through an employment contract with that organization, in order to attain proficiency in skills, etc.; the same applies hereinafter).

The term "supervising-organization-type technical intern trainee" as used in this Act means the following:

supervising-organization-type technical intern trainee (i) (meaning a foreign national who engages in supervising-organization-type technical intern training (i); the same applies hereinafter);

supervising-organization-type technical intern trainee (ii) (meaning a foreign national who engages in supervising-organization-type technical intern training (ii); the same applies hereinafter);

supervising-organization-type technical intern trainee (iii) (meaning a foreign national who engages in supervising-organization-type technical intern training (iii): the same applies hereinafter).

The term "implementing organization" as used in this Act means an organization implementing individual-enterprise-type technical intern training or supervising-organization-type technical intern training.

The term "organization implementing individual-enterprise-type technical intern training" as used in this Act means an organization which conducts individual-enterprise-type technical intern training in accordance with the technical intern training plan as prescribed in Article 8, paragraph (1) for which the organization has received accreditation for technical intern training (meaning the accreditation provided in Article 8, paragraph (1) (or, if a change has been approved in accordance with the provisions of Article 11, paragraph (1), the accreditation in question means the accreditation after that change); the same applies hereinafter).

The term "organization implementing supervising-organization-type technical intern training" as used in this Act means an organization which conducts supervising-organization-type technical intern training based on a technical intern training plan as prescribed in Article 8, paragraph (1) for which the organization has received accreditation for technical intern training.

The term "supervision" as used in this Act means making arrangements to establish an employment relationship between the organization implementing supervising-organization-type technical intern training, etc. (meaning an organization implementing supervising-organization-type technical intern training, or an organization which intends to conduct supervising-organization-type technical intern training; the same applies hereinafter) and a supervising-organization-type technical intern trainee, etc. (meaning a supervising-organization-type technical intern trainee or a person who wishes to become a supervising-organization-type technical intern trainee; the same applies hereinafter); and supervising the organization implementing supervising-organization-type technical intern training for implementation of supervising-organization-type technical intern training.

The term "supervising organization" as used in this Act means a nonprofit Japanese corporation that provides supervision as its business (hereinafter referred to as "supervising business") by obtaining a license to supervise (meaning the license as provided for in Article 23, paragraph (1) (or, if a change has been approved in accordance with the provisions of Article 32, paragraph (1) or there has been a change under Article 37, paragraph (2) to the license regarding specified supervising business in accordance with the provisions of Article 23, paragraph (1), item (ii), the license in question means the license after the change); the same applies hereinafter).

The term "employment for skill development" means individual-enterprise-type employment for skill development and supervising-organization-type employment for skill development.

The term "individual-enterprise-type employment for skill development" means that a foreign national (meaning a foreign national provided for in Article 2, item (i) of the Immigration Control Act; the same applies hereinafter) who is an employee at a place of business located outside of Japan which belongs to a public or private organization in Japan, with the aim of acquiring skills requiring considerable degree of knowledge or experience in the specified industrial fields (meaning the specified industrial fields provided for in item (i)under the right-hand column of the Specified Skilled Worker section of the table of the Appended Table I (2) of the Immigration Control Act) that are as provided for in order of the competent ministries as those reasonable to have them acquire skills in those fields through employment in Japan (hereinafter referred to as "employment-for-skill-development industrial fields"), is accepted by that organization and attends the necessary course of lectures under the status of residence for "Employment for Skill Development" in that table, and engages in duties requiring skills in the employment-for-skill-development industrial fields at that organization's place of business located in Japan, under an employment contract signed with that organization.

The term "supervising-organization-type employment for skill development" means the following:

a foreign national is accepted by a not-for-profit corporation in Japan and attends the necessary course of lectures under the status of residence for "Employment for Skill Development" in the table of Appended Table I(2) of the Immigration Control Act (or, if a public or private organization in Japan employs a foreign national who is an employee of a place of business located outside of Japan which belongs to a public or private organization in a foreign country that has a close trade relationship provided for in order of the competent ministries with that organization in Japan, a foreign national is accepted by that public or private organization in Japan and attends the necessary course of lectures), and engages in duties requiring skills in the employment-for-skill-development industrial fields at that organization's place of business located in Japan ,under an employment contract signed with that public or private organization in Japan that receives supervision and support from that Japanese corporation, with the aim of acquiring skills requiring considerable degree of knowledge or experience in the employment-for skill-development industrial fields.

in order to acquire skills requiring considerable degree of knowledge or experience in the employment-for-skill-development industrial fields through worker dispatch, etc. (meaning the employment-for-skill-development industrial fields that require having foreign nationals engage in seasonal work to acquire skills in those fields through employment in Japan and are as prescribed by order of the competent ministries as being regarded as possible to have them acquire through employment through worker dispatch, etc. (meaning the worker dispatch referred to in Article 2, item (i) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985; hereinafter referred to as the "Worker Dispatching Act" in this subitem) or the mariner dispatching referred to in Article 6, paragraph (13) of the Mariners' Employment Security Act (Act No. 130 of 1948); the same applies in sub-subitems 1. and 2., and Article 20, paragraph (2)); the same applies hereinafter), a foreign national is accepted by a not-for-profit corporation in Japan and attends the necessary course of lectures under the status of residence for employment for skill development in the table of the Appended Table I (2) of the Immigration Control Act, and engages in any of the duties stated in sub-subitem 1. or 2. below under an employment contract with a staffing provider in Japan, etc. (meaning the staffing provider provided for in Article 2, item (iv) of the Worker Dispatching Act or the mariner staffing provider under Article 6, paragraph (16) of the Mariners' Employment Security Act; the same applies hereinafter) that receive supervision and support from that corporation.

duties requiring skills belonging to the relevant employment-for-skill-development industrial fields through worker dispatch, etc. performed at the place of business in Japan of that staffing provider in Japan, etc., and duties requiring skills belonging to the relevant employment-for-skill-development industrial fields through worker dispatch, etc. performed at the place of business in Japan of one or more clients in Japan (meaning the client provided for in Article 2, item (iv) of the Worker Dispatching Act or the client provided for in Article 6, paragraph (17) of the Mariners' Employment Security Act; the same applies hereinafter) that, through worker dispatch, etc., receive supervision and support from that corporation;

duties requiring skills belonging to the relevant employment-for-skill-development industrial fields through worker dispatch, etc. performed at the places of business in Japan of multiple clients in Japan that, through worker dispatch, etc., receive supervision and support from that corporation (excluding the duties stated in sub-subitem 1.).

The term "skill development employee" means individual-enterprise-type skill development employees and supervising-organization-type skill development employees.

The term "individual-enterprise-type skill development employee" means the foreign national who is the subject of the individual-enterprise-type employment for skill development.

The term "supervising-organization-type skill development employee" means the foreign national who is the subject of the supervising-organization-type employment for skill development.

The term "implementing organization for employment for skill development" means organizations implementing individual-enterprise-type employment for skill development and organizations implementing supervising-organization-type employment for skill development.

The term "organization implementing individual-enterprise-type employment for skill development" means an organization which provides individual-enterprise-type employment for skill development based on the accredited employment-for-skill-development plan provided for in Article 11, paragraph (1).

The term "organization implementing supervising-organization-type employment for skill development" means an organization which provides supervising-organization-type employment for skill development based on the accredited employment-for-skill-development plan provided for in Article 11, paragraph (1).

The term "supervision and support" means conducting the acts stated in subitems (a) and (b) below (or, if a public or private organization in Japan employs a foreign national who is an employee of a place of business located outside of Japan which belongs to a public or private organization in a foreign country that has a close trade relationship (provided for in order of the competent ministries referred to in item (iii), subitem (a)) with that organization in Japan, the act stated in subitem (b)).

make arrangements to establish an employment relationship between an organization implementing supervising-organization-type employment for skill development, etc. (meaning organizations providing supervising-organization-type employment for skill development or persons seeking to provide supervising-organization-type employment for skill development; the same applies hereinafter) (excluding those, as a client in Japan, providing or seeking to provide the supervising-organization-type employment for skill development referred to in item (iii), subitem (b)) and a supervising-organization-type skill development employees, etc. (meaning supervising-organization-type skill development employees or foreign nationals seeking to become the subject of supervising-organization-type employment for skill development; hereinafter the same); and

conduct supervision of organizations implementing supervising-organization-type employment for skill development over the implementation of supervising-organization-type employment for skill development.

The term "supervising and support organization" means not-for-profit corporations in Japan that engage in the business to conduct supervision and support with the license under Article 23, paragraph (1).

Technical intern training must be developedEmployment for the proper acquisition of, increaseskill development must be conducted in the proficiency of, or attainment of the proficiency of (hereinafter referredan environment with a well-established system to protect skill development employees to as "acquisition") the skills, etc., and conducted in an environment with a system in place to protect technical intern trainees, in order to allow the traineesensure that they can properly acquire skills requiring considerable degree of knowledge or experience in the employment-for-skill-development industrial fields and devote themselves to concentrate on technical intern trainingconducting employment for skill development.

Technical intern training must not be used as a way to cover labor supply and demand.

In order to achieve the objectivepurpose of this Act, the National Governmentnational government must comprehensively and effectively promote measures so as to ensurenecessary for ensuring the proper implementation of technical intern training employment for skill development and the protection of technical intern traineesskill development employees, in accordance with the basic principles set forth in the preceding Article.

In conjunction with the National Governmentnational government's measures set forth in the preceding paragraph, local governments must endeavor to promote measures necessary for ensuring the proper implementation of technical intern training employment for skill development and the protection of technical intern trainees,skill development employees in accordance with the actual circumstances of the relevant region.

(Responsibilities of Implementing Organizations and for Employment for Development, Supervising and Support Organizations, and Other Organizations)

Implementing organizations for employment for development must be conscious of their responsibilities as entities conducting technical intern training the organizations providing employment for skill development with regard to the proper implementation of technical intern training employment for skill development and the protection of technical intern trainees, skill development employees, and must endeavor to develop a suitable environment for conducting technical intern training, and mustproviding employment for skill development and cooperate with the National Government and local measures being implemented by the national government measures,and local governments in accordance with the basic principles set forth in Article 3.

Supervising and support organizations must be conscious of the fact that they perform anshould play important roleroles in the proper implementation of technical intern training employment for skill development and the protection of technical intern trainees, skill development employees, and must fulfill their responsibilities infor supervision and support in an appropriate manner, and must cooperate with the measures being implemented by the National Governmentnational government and local governments.

Associations consisting of which an implementing organization implementing organizations for employment for development or supervising organization is a memberand support organizations must endeavor to provide the necessary guidance and advice to the implementing organizations or supervising and support organizations as their members in order to ensure the proper implementation of technical intern training, employment for skill development and the protection of the technical intern traineesskill development employees.

(Responsibilities of Technical Intern TraineesSkill Development Employees)

Technical intern traineesSkill development employees must endeavor to acquire skills, etc., and transfer those skills, etc. to their home country requiring considerable degree of knowledge or experience in the employment-for-skill-development industrial fields by devoting themselves to technical intern trainingconducting employment for skill development.

The competent ministersgovernment must establish a basic policy for the proper implementation of technical intern training employment for skill development and the protection of technical intern traineesskill development employees (hereinafter referred to as the "basic policy" in this Article and the following Article).

The basic policy is to specify the following:

fundamentals the particulars on the proper implementationsignificance of technical intern training and the protection of technical intern traineessystem pertaining to the employment-for-skill-development;

matters to ensure the proper implementationthe basic particulars on the selection of technical intern training the employment-for-skill-development industrial fields and the protection of technical intern traineesemployment-for-skill-development industrial fields through worker dispatch, etc.;

matters that should be taken into consideration for the proper implementation of technical intern training andbasic particulars on human resources required in the protection of technical intern trainees; andemployment-for-skill-development industrial fields;

the fields for which skills, etc., should be transferred and matters regarding promotion ofbasic particulars on measures for the transferprotection of skills, etc.skill development employees;

the basic particulars on adjustments to the administrative affairs of the relevant administrative organs relating to operation of the employment-for-skill-development system; and

beyond what is stated in the preceding items, important particulars on operation of the system pertaining to the employment-for-skill-development.

The competent ministers are to establish measures in themust prepare a draft basic policy in order to ensure the proper implementation of technical intern training and protection of technical intern trainees for specific job categories, if necessaryseek a cabinet decision.

The competent ministers must consult When preparing a draft basic policy, the heads of the relevant administrative organs in advance when planning to establish or amend the basic policycompetent ministers must seek the opinions of persons with knowledge of employment for skill development in advance.

The competent ministers must publish any basic policy thatIf the cabinet decision set forth in paragraph (3) has been established or amended,made, the competent ministers must publish the basic policy without delay.

The provisions of the preceding three paragraphs apply mutatis mutandis to revisions to the basic policy.

The competent ministers must, pursuant to the basic policy, in cooperation with the heads of relevant administrative organs with jurisdiction over specified fields of the employment-for-skill-development industrial fields (hereinafter referred to as "individual employment-for-skill-development industrial fields"), and the National Public Safety Commission and the Minister for Foreign Affairs (hereinafter referred to as "heads of the administrative organs in charge and other ministers" in this Article), establish policies for the operation of an employment-for-skill-development system in the individual employment-for-skill-development industrial fields (hereinafter referred to as "field-specific operation policies") to ensure the proper implementation of employment for skill development and the protection of skill development employees in the individual employment-for-skill-development industrial fields.

The field-specific operation policies are to specify the particulars stated below:

If the individual employment-for-skill-development industrial fields specified in the relevant field-specific operation policies and the individual employment-for-skill-development industrial fields are the employment-for-skill-development industrial fields through worker dispatch, etc., to that effect;

particulars on the criteria for human resources required in the individual employment-for-skill-development industrial fields referred to in the preceding item;

particulars on the development of skill development employees in the individual employment-for-skill-development industrial fields referred to in item (i);

particulars on the expected number of accepted human resources in the individual employment-for-skill-development industrial fields referred to in item (i) and securing other human resources (including the situation of regions facing the human resource shortage in the individual employment-for-skill-development industrial fields);

particulars on the measures to suspend the accreditation of employment for skill development set forth under Article 12-2 in the individual employment-for-skill-development industrial fields referred to in item (i) and the measures to resume the accreditation;

particulars on change of implementing organizations in the individual employment-for-skill-development industrial fields referred to in item (i); and

beyond what is stated in the preceding items, important particulars on operation of the system pertaining to employment-for-skill-development in the individual employment-for-skill-development industrial fields referred to in item (i).

In seeking to establish the field-specific operation policies, the competent ministers, and the heads of the administrative organs in charge and other ministers must seek the opinions of persons with knowledge of employment for skill development in advance.

In seeking to establish the field-specific operation policies, the competent ministers, and the heads of the administrative organs in charge and other ministers must consult with the heads of relevant administrative organs other than the heads of the administrative organs in charge and other ministers in advance.

When the field-specific operation policies have been establish, the competent ministers, and the heads of the administrative organs in charge and other ministers must publicly announce those policies without delay.

The provisions of the preceding three paragraphs apply mutatis mutandis to revisions to field-specific operation policies.

Chapter II Technical Intern TrainingEmployment-for-Skill-Development

Section 1 Technical Intern TrainingEmployment-for-Skill-Development Plans

(Accreditation of Technical Intern TrainingEmployment-for-Skill-Development Plans)

A Japanese individual or corporation in Japan (or, if multiple corporations have a relationship with each other in which one of them is theJapan having a relationship of a parent company (meaning the parent company as prescribeddefined in Article 2, item (iv) of the Companies Act (Act No. 86 of 2005)) and; the same applies in paragraph (4) of the others are following Article) and its subsidiary (meaning the subsidiary as prescribeddefined in Article 2, item (iii) of the same ArticleAct; the same applies in the same paragraph) or any other close relationship provided for byin order of the competent ministry with each other, and they jointly conduct technical intern training, that corporation means these multiple corporations) which intendsministries seek to jointly provide employment for skill development, these multiple corporations; the same applies in Article 8-5, paragraph (1) and Article 8-6, paragraph (1)) seeking to conduct technical intern training provide employment for skill development may, as provided for byin order of the competent ministryministries, prepare a plan relating to the implementation of technical intern training employment for skill development (hereinafter referred to as a "technical intern trainingan "employment-for-skill-development plan") for each technical intern trainee foreign national seeking to become the subject of employment for skill development (excluding the skill development employees and have it accredited the foreign nationals who are no longer the subject of employment for skill development as an appropriate technical intern training plan by submitting provided for in the same paragraph; the same applies in the following paragraph), submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, and receive accreditation to the effect that the plan is appropriate.

Technical intern training plans In the case of the preceding paragraph, if the employment-for-skill-development plan that the individual or corporation seeks to receive accreditation under the same paragraph is intended to provide the supervising-organization-type employment for skill development referred to in Article 2, item (iii), subitem (b) (hereinafter referred to as "supervising-organization-type employment for skill development through worker dispatch, etc."), a staffing provider in Japan, etc., and one or more clients in Japan must include jointly prepare an employment-for-skill-development plan for each foreign national who seeks to become the following:subject of employment for skill development, submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, and receive accreditation under the preceding paragraph.

the name and address of the Japanese individual or corporation as prescribed in the preceding paragraph (hereinafter referred to as "applicant" in this Article, the following Article and Article 12, paragraph (5)), and in the case of a corporation, the name of its representative;

in the case of a corporation, the names and addresses of its officers;

the name and address of the place of business where the technical intern training is to be conducted;

the names and nationalities of the technical intern trainees;

the category of technical intern training (meaning the category of individual-enterprise-type technical intern training (i), (ii) or (iii); or meaning the category of supervising-organization-type technical intern training (i), (ii) or (iii); the same applies in item (ii) of the following Article);

the goals of the technical intern training (meaning passing the trade skills test as provided for in Article 44, paragraph (1) of the Human Resources Development Promotion Act (Act No. 64 of 1969) (hereinafter referred to as "trade skills test" in the following Article), passing an examination designated by order of the competent minister (hereinafter referred to as "technical intern training evaluation examination" in the following Article and Article 52) by the time of completion of the technical intern training, or other goals; the same applies in the following Article), its content, and the period of training;

the name of the person responsible for implementing the technical intern training at each place of business where the technical intern training is to be conducted;

in cases of supervising-organization-type technical intern training, the name and address of the supervising organization which is to conduct the supervision, and the name of its representative;

the remuneration, work hours, leave, accommodation facilities, food expenses and living expenses to be paid for by technical intern trainees, and other treatment of technical intern trainees; and

other matters as provided for by order of the competent ministries.

Documents certifying each of the matters listed in the items of the following Article and other documents as provided for by order of the competent ministryThe employment-for-skill-development plans must be attached toinclude the technical intern training plan.particulars stated below:

the name and address of a person who submits an application for accreditation referred to in paragraph (1) (hereinafter referred to as "applicant" in this Article and Article 9), and in the case of a corporation, the name of its representative;

in the case of a corporation, the names and addresses of its officers;

the name and address of the place of business where the employment for skill development is to be provided;

the name and nationality of a foreign national who seeks to become the subject of employment for skill development;

the category of employment for skill development (meaning the category of individual-enterprise-type employment for skill development or supervising-organization-type employment for skill development; the same applies in Article 9, paragraph (1), item (ii));

the duties conducted by the foreign national, and skills required for those operations, Japanese language proficiency and other goals of employment for skill development (meaning passing the trade skills tests referred to in Article 44, paragraph (1) of the Vocational Abilities Development Promotion Act (Act No. 64 of 1969) or the tests designated by order of the competent ministries (referred to as "employment-for-skill-development evaluation tests" in Article 52) and other goals; the same applies in Article 9, paragraph (1), item (ii)) and their detailed content, as well as the commencement and termination dates of employment for skill development;

the name of a person responsible for the implementation of employment for skill development at each place of business where it provides the employment for skill development (including, in the case of the preceding paragraph, the place of business where staffing providers in Japan, etc., conduct the operations relating to employment for skill development);

in the case of individual-enterprise-type employment for skill development, the name of persons who conduct audit into the organization implementing individual-enterprise-type employment for skill development with regard to implementation of individual-enterprise-type employment for skill development;

in the case of supervising-organization-type employment for skill development, the name and address of the supervising and support organization which provides supervision and support, and the name of its representative;

the remuneration, working hours, days off, leave, accommodation facilities, and meal expenses and living expenses to be paid by skill development employees, as well as other terms of treatment of skill development employees; and

other particulars as provided for in order of the competent ministries.

An applicant who intends to conduct supervising-organization-type technical intern training must develop a technical intern training plan based on guidance from a supervising organization (limited to supervising organizations with a license to supervise (limited to the license for general supervisining business as prescribed inDocuments certifying the particulars stated in the items of Article 9, paragraph (1) (or, in the case of paragraph (2) of this Article, the items of Article 239, paragraph (1), item (i)), if the technical intern training plan is2)) and other documents provided for supervising-organization-type technical intern training (iii)) from which it isin order of the competent ministries must be attached to receive the supervisionemployment-for-skill-development plan.

The applicant must pay a fee in persons stated in each of the following items must take the amount specified by order of the competent ministries based on consideration measures set forth in each item in order to make the content of actual coststhe employment-for-skill-development plan more appropriate.

An applicant seeking to provide supervising-organization-type employment for skill development is to prepare an employment-for-skill-development plan based on the guidance of the supervising and support organization from which it receives supervision and support.

A supervising and support organization is to provide information, advice, instructions, and other necessary guidance relating to the preparation of the employment-for-skill-development plan.

The applicant must, as provided for in order of the competent ministries, pay the fee in the amount provided for in order of the competent ministries in consideration of actual costs.

When a skill development employee requests a change of the implementing organization for employment for skill development, the employee may make a written request for change of the implementing organization for employment for skill development to either of the persons set forth opposite to the category of the skill development employees stated in the following items, as provided for in order of the competent ministries.

individual-enterprise-type skill development employee: organization implementing individual-enterprise-type employment for skill development that provides individual-enterprise-type employment for skill development for the individual-enterprise-type skill development employee, or the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.

supervising-organization-type skill development employee: organization implementing supervising-organization-type employment for skill development that provides supervising-organization-type employment for skill development for the supervising-organization-type skill development employee, or the supervising and support organization from which the organization implementing supervising-organization-type employment for skill development receives supervision and support, or the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.

When the organization implementing individual-enterprise-type employment for skill development receives a request under the preceding paragraph, it must, as provided for in order of the competent ministries, notify the name of the individual-enterprise-type skill development employee who has made the request, and other particulars provided for in order of the competent ministries to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, without delay.

When the organization implementing supervising-organization-type employment for skill development receives a request under paragraph (1), it must, as provided for in order of the competent ministries, give notice of the name of the supervising-organization-type skill development employee who has made the request, and other particulars provided for in order of the competent ministries to the supervising and support organization from which it receives supervision and support, without delay.

If the employment for skill development provided by the implementing organization for employment for skill development that has received a request under the provision of paragraph (1) is the employment for skill development jointly provided by multiple corporations in Japan having a relationship of a parent company and its subsidiary or other close relationship as provided for in order of the competent ministries in paragraph (1) of the preceding Article (hereinafter referred to as "employment for skill development at a corporation with a close relationship"), the implementing organization for employment for skill development must, as provided for in order of the competent ministries, give notice of the name of the skill development employee who has made the request, and other particulars provided for in order of the competent ministries to other implementing organizations for employment for skill development that jointly provide the employment for skill development.

If the supervising-organization-type employment for skill development provided by the organization implementing supervising-organization-type employment for skill development that has received a request under paragraph (1) is the supervising-organization-type employment for skill development through worker dispatch, etc., the organization implementing supervising-organization-type employment for skill development must, as provided for in order of the competent ministries, give notice of the name of the supervising-organization-type skill development employee who has made the request, and other particulars provided for in order of the competent ministries to other organizations implementing supervising-organization-type employment for skill developments that jointly provide the supervising-organization-type employment for skill development. In this case, if the organization implementing supervising-organization-type employment for skill development that has received the request is a client in Japan, the notice under paragraph (3) must be given by the staffing provider in Japan, etc., that has received the notice under the first sentence of this paragraph.

When the supervising and support organization receives a request under paragraph (1), it must, as provided for in order of the competent ministries, give notice of the name of the supervising-organization-type skill development employee who has made the request and other particulars provided for in order of the competent ministries to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay, as well as to the organization implementing supervising-organization-type employment for skill development that provides employment for skill development for the supervising-organization-type skill development employee.

When the supervising and support organization receives a notice under paragraph (3), it must, as provided for in order of the competent ministries, notify the name of the supervising-organization-type skill development employee who has made the request under paragraph (1) and other particulars provided for in order of the competent ministries to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay.

The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may entrust the administrative affairs relating to acceptance of the request under paragraph (1) of the preceding Article and acceptance of the notification under paragraphs (2), (6) and (7) of the preceding Article to the Employment-for-Skill-Development Organization (hereinafter referred to as the "ESDO" in this Chapter).

When the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare entrust the administrative affairs relating to acceptance of the request or notification to the ESDO, a person who seeks to make a request under paragraph (1) of the preceding Article or submit a notification under either of paragraphs (2), (6) and (7) of the same Article must, notwithstanding these provisions, make the request or submit the notification under these provisions to the ESDO.

If the ESDO has accepted the request or notification under the preceding paragraph, it must report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare to that effect.

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare seek to entrust the administrative affairs relating to acceptance of the request or notification under paragraph (1)to the ESDO, or are to cease entrusting the administrative affairs relating to the acceptance of request or notification to the ESDO, they must issue public notice to that effect.

When the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have accepted the request under Article 8-2, paragraph (1), they are to give notice to that effect to the persons specified in the following items opposite to the category stated in each of these items, as provided for in order of the competent ministries.

When they have accepted the request from an individual-enterprise-type skill development employee: the organization implementing individual-enterprise-type employment for skill development that provides individual-enterprise-type employment for skill development for the individual-enterprise-type skill development employee.

When they have accepted the request from a supervising-organization-type skill development employee: the organization implementing supervising-organization-type employment for skill development that provides supervising-organization-type employment for skill development for the supervising-organization-type skill development employee and the supervising and support organization from which the organization implementing supervising-organization-type employment for skill development receives supervision and support.

When the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have accepted the request under Article 8-2, paragraph (1) or the notification under either of paragraphs (2), (6) and (7) of the same Article, they are to give the ESDO notice to that effect, as provided for in order of the competent ministries provided, however, that this does not apply when they have entrusted the administrative affairs relating to acceptance of the request and notification to the ESDO pursuant to the provision of paragraph (1) of the preceding Article.

When the ESDO receives the notice under the preceding paragraph, it must respond to a request for consultation from the skill development employee and provide the employee with necessary information, advice, employment placement, or other assistance to enable the employee who has made the request or submitted the notification to continue the employment for skill development by becoming the subject of employment for skill development with another implementing organization for employment for skill development or otherwise.

When the ESDO handles the administrative affairs relating to acceptance of the request under Article 8-2, paragraph (1) and the notification under paragraphs (2), (6) and (7) of the same Article, for the purpose of application of the provisions of paragraph (1) and the preceding paragraph, the phrase "the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare" in paragraph (1) is to be replaced with "the ESDO," and "When the ESDO receives the notice under the preceding paragraph" is to be replaced with "When the ESDO accepts the request under Article 8-2, paragraph (1) or the notification under either of paragraphs (2), (6) or (7) of the same Article."

When the supervising and support organization receives the request under Article 8-2, paragraph (1) or the notice under paragraph (3) of the same Article or paragraph (1) of this Article (including as applied mutatis mutandis pursuant to the provision of the preceding paragraph following the deemed replacement of terms), it must make communication and coordination with another implementing organization, supervising and support organization, or other relevant persons, provide employment placement, or take other necessary measures to enable the supervising-organization-type skill development employee who has made the request or submitted the notice to continue the employment for skill development by becoming the subject of employment for skill development with another implementing organization for employment for skill development or otherwise.

A individual or corporation in Japan that seeks to newly provide employment for skill development for the skill development employee who has made the request under Article 8-2, paragraph (1) may, as provided for in order of the competent ministries, prepare a new employment-for-skill-development plan for that skill development employee, submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, and receive accreditation to the effect that the plan is appropriate. In this case, the provision of Article 8, paragraph (2) applies mutatis mutandis.

In the preceding paragraph, the employment-for-skill-development plan must include the particulars stated below:

the name and address of a person who submits an application for accreditation under the preceding paragraph, and in the case of a corporation, the name of its representative;

the particulars stated in the items (excluding item (i)) of Article 8, paragraph (3);

the name of the implementing organization for employment for skill development that has provided employment for skill development for that skill development employee (or, if that skill development employees has multiple implementing organizations for employment for skill development because the employee was previously the subject of the employment for skill development under the employment-for-skill-development plans accredited under the preceding paragraph or paragraph (1) of the following Article, the employee's latest implementing organization for employment for skill development);

the period during which the implementing organization for employment for skill development set forth in the preceding item has provided employment for skill development for that skill development employee;

A total of the periods during which that skill development employee has been the subject of employment for skill development (limited to the one in which the skills required for the duties to engage the employee and the employment-for-skill-development industrial fields related to those skills are the same as those specified in the previous accredited employment-for-skill-development plan (meaning the accredited employment-for-skill-development plan provided for in Article 11, paragraph (1); the same applies in paragraph (2), item (iv) of the following Article, Article 9-2, item (iii), and Article 9-3)).

The provisions of Article 8, paragraphs (4) through (6) apply mutatis mutandis to the application for accreditation under paragraph (1). In this case, the phrase "the items of Article 9, paragraph (1) (or, in the case of paragraph (2) of this Article, the items of Article 9, paragraph (2))" in paragraph (4) of the same Article is deemed to be replaced with "the items of Article 9-2."

A individual or corporation in Japan that seeks to newly provide employment for skill development for the skill development employee who is no longer the subject of employment for skill development because the accreditation of employment for skill development referred to in Article 11, paragraph (1) was revoked pursuant to the provision of Article 16, paragraph (1) or the employee no longer has the employment-for-skill-development status of residence in the table of the Appended Table I (2) of the Immigration Control Act may prepare a new employment-for-skill-development plan for that foreign national, submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, and receive accreditation to the effect that the plan is appropriate, as provided for in order of the competent ministries. In this case, the provision of Article 8, paragraph (2) applies mutatis mutandis.

In the preceding paragraph, the employment-for-skill-development plan must include the particulars stated below:

the name and address of a person who submits an application for accreditation under the preceding paragraph, and in the case of a corporation, the name of its representative;

the particulars stated in the items (excluding item (i)) of Article 8, paragraph (3);

the name of the implementing organization for employment for skill development that has provided employment for skill development for that foreign national (or, if that foreign national has multiple implementing organizations because that foreign national was previously the subject of the employment for skill development under the employment-for-skill-development plans accredited under paragraph (1) of the preceding Article or the preceding paragraph, that foreign national's latest implementing organization for employment for skill development);

a total of the periods during which that foreign national has been the subject of employment for skill development (limited to the one in which the skills required for the duties to engage that foreign national and the employment-for-skill-development industrial fields related to those skills are the same as those specified in the previous accredited employment-for-skill-development plan); and

the particulars stated below:

whether that foreign national has actually departed from Japan (or, if the foreign national was permitted to reenter Japan pursuant to the provisions of Article 26, paragraph (1) of the Immigration Control Act (including the case where the foreign national is deemed to have been granted the permission under Article 26-2, paragraph (1) or Article 26-3, paragraph (1)), limited to the actual departure in the case where the permission ceased to be effective while the foreign national was outside of Japan as a result of the departure);

a total of the periods during which that foreign national was the subject of employment for skill development before the departure; and

whether that foreign national has actually become the subject of employment for skill development after the departure.

The provisions of Article 8, paragraphs (4) through (6) apply mutatis mutandis to the application for accreditation under paragraph (1). In this case, the phrase "the particulars stated in the items of Article 9, paragraph (1) (or, in the case of paragraph (2) of this Article, the items of Article 9, paragraph (2))" in paragraph (4) of the same Article is deemed to be replaced with "the particulars stated in the items of Article 9-3 (or, in the case of the proviso of the same Article, the particulars stated in the items (i) and (ii) of the same Article and the circumstances provided for in the proviso of the same Article)."