Act on Proper Technical Intern Training and Protection of Technical Intern Trainees
外国人の技能実習の適正な実施及び技能実習生の保護に関する法律
Amended by
Act Partially Amending the Immigration Control and Refugee Recognition Act and the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees
235 provisions changed · 133 provisions added · 48 provisions removed · 51 provisions in the supplementary provisions
Each provision the amendment changes, before and after in one: words it removes are struck through, words it adds are highlighted. The Japanese is the law; the icon beside each English column says whose English it is.
The councilors are appointed by the president, with the authorization of the competent ministers, from among persons representing the workers, persons representing the employers, and persons with specialized knowledge and experience relating to technical intern trainingemployment for skill development.
the following operations stated below to be conducted in relation to the technical intern trainingemployment for skill development:
技能実習育成就労に関し行う次に掲げる業務
ChangedArticle 87, paragraph (1), item (i), (a)
perform the administrative affairs for accreditation accept requests, notifications, reports, audit reports or business reports and retain those reports, audit reports or business reports pursuant to the provisions of Article 128-3, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of Article 17, paragraph (2); Article 19, paragraph (5); Article 21, paragraph (2); Article 27, paragraph (3); Article 32, paragraph (5); Article 33, paragraph (2); Article 34, paragraph (2); and Article 42, paragraph (3));
request reports or submission or presentationgive notice pursuant to the provision of books and documents paragraph (1) of Article 8-4 as applied pursuant to the provisionsprovision of paragraph (4) of the same Article 14, following the deemed replacement of terms, and provide necessary information, advice, employment placement, and other assistance in response to consultations from skill development employees pursuant to the provision of paragraph (1), or have its employee ask a question or conduct an inspection3) of the same Article (including as applied pursuant to the provision of paragraph (4) of the same Article following the deemed replacement of terms);
conduct investigations into the facts request reports or submission or presentation of books and documents pursuant to the provisions of Article 2414, paragraph (1) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)), or have its employee ask a question or conduct an inspection;
accept written applications conduct investigations into the facts pursuant to the provisions of Article 24, paragraph (31) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)); and);
perform the administrative affairs for issuing or reissuing the certificatesaccept written applications pursuant to the provisions of Article 2924, paragraph (43) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraphs (2)); and (7));
perform the administrative affairs for issuing or reissuing the certificates pursuant to the provisions of Article 29, paragraph (4) (including as applied mutatis mutandis pursuant to Article 31 and Article 32, paragraph (5));
the administrative affairs to provide a technical intern trainee with theoperations of providing necessary information, advice and other assistance in response to a consultationconsultations from the technical intern trainee in order to ensureskill development employees for the proper implementation of technical intern training employment for skill development and the protection of technical intern traineesskill development employees (excluding administrative affairsthose falling under the operations stated in the following item);
the operations to provide the necessary information, advice and other assistance to a technical intern trainee who faces difficulty in engaging in technical intern training and wishfollowing operations contributing to continue receiving the technical intern training, in response to a consultation from the technical intern trainee, and to provideskill development employees, etc., becoming the necessary guidance and advice to implementing organizations, supervising organizations and other relevant persons, so that the relevant technical intern trainee can continue receiving it;subject of employment for skill development or continuing employment for skill development:
provide necessary information, advice and other assistance in response to consultations from skill development employees, etc.;
育成就労外国人等からの相談に応じ、必要な情報の提供、助言その他の援助を行うこと。
AddedArticle 87, paragraph (1), item (iii), (b)
provide implementing organizations for employment for skill development, supervising and support organizations, or other relevant persons with necessary guidance and advice;
育成就労実施者、監理支援機関その他関係者に対する必要な指導及び助言を行うこと。
AddedArticle 87, paragraph (1), item (iii), (c)
accept applications for recruitment and job seeking by exclusively designating implementing organizations for employment for skill development or persons seeking to provide employment for skill development (excluding those who provide or seek to provide supervising-organization-type employment for skill development through worker dispatch, etc., as clients in Japan; hereinafter the same applies in paragraph (1) of the following Article) as recruiters, and exclusively designating skill development employees, etc., as job seekers, and arrange the establishment of an employment relationship related to employment for skill development between recruiters and job seekers, when it is necessary to provide employment placement to ensure that skill development employees, etc., become the subject of employment for skill development; and
provide necessary information pursuant to the provision of Article 106, paragraph (4).
第百六条第四項の規定により必要な情報を提供すること。
ChangedArticle 87, paragraph (1), item (iv)
the operations to conduct studies and research relating to technical intern trainingemployment for skill development;
技能実習育成就労に関し、調査及び研究を行う業務
ChangedArticle 87, paragraph (1), item (v)
other operations relating to the proper implementation of technical intern training employment for skill development and the protection of the technical intern traineesskill development employees;
その他技能実習育成就労の適正な実施及び技能実習生育成就労外国人の保護に関する業務
AddedArticle 87, paragraph (2)
The ESDO is to conduct the operations provided for in Article 69-2-2 of the Immigration Control Act, in addition to the operations listed in the preceding paragraph.
機構は、前項の業務のほか、入管法第六十九条の二の二に規定する業務を行う。
Article 87-2 · (Special Provisions of the Employment Security Act and the Mariners' Employment Security Act)第八十七条の二(職業安定法及び船員職業安定法の特例)
Notwithstanding the provisions of Article 33, paragraph (1) of the Employment Security Act and Article 34, paragraph (1) of the Mariners' Employment Security Act, the ESDO may, as an operation provided for in paragraph (1), item (iii), (c) of the preceding Article, conduct the ESDO-led employment placement services (meaning that the ESDO engages in the businesses of accepting applications for recruitment and job seeking by exclusively designating implementing organizations for employment for skill development or persons seeking to provide employment for skill development as recruiters, and exclusively designating skill development employees, etc., as job seekers, and of arranging the establishment of an employment relationship related to employment for skill development between recruiters and job seekers; hereinafter the same applies in the following paragraph).
With regard to the ESDO-led employment placement services, the ESDO is deemed to be the employment placement service provider provided for in Article 4, paragraph (10) of the Employment Security Act or the person who obtained the license under Article 33, paragraph (1) of the same Act, the free mariners employment placement service provider provided for in Article 6, paragraph (5) of the Mariners' Employment Security Act, or the employment placement agency provided for in Article 2 of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives, and the following provisions apply: Article 5-2; Article 5-3; Article 5-4, paragraphs (1) and (3); and Articles 5-5 through 5-8 of the Employment Security Act; Article 32-13 of the same Act as applied mutatis mutandis pursuant to Article 33, paragraph (4) of the same Act; Article 33-5 of the same Act; Article 20 of the same Act as applied mutatis mutandis pursuant to Article 34 of the same Act; Article 48 of the same Act; Article 48-3, paragraphs (2) and (3); and Article 51, paragraph (2) of the same Act; Article 7 of the Mariners' Employment Security Act; Articles 15 through 20 and Article 22 as applied mutatis mutandis pursuant to Article 42, paragraph (1) of the same Act; Article 96, paragraph (1), Article 98, paragraphs (2) and (3), and Article 104 of the same Act; and Chapter III of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives. In this case, the term "order of the Ministry of Health, Labour and Welfare" in Article 5-3, paragraphs (3) and (4); Article 5-4, paragraphs (1) and (3); Article 5-5, paragraph (1); and Article 5-6, paragraph (1), item (iii) of the Employment Security Act; Article 32-13 of the same Act as applied mutatis mutandis pursuant to Article 33, paragraph (4) of the same Act; and Article 51, paragraph (2) of the same Act is to be replaced with "order of the competent ministries"; the term "the Minister of Health, Labour and Welfare" in Article 48 and Article 48-3, paragraphs (2) and (3) of the same Act and Article 11 and Article 12, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives is to be replaced with “the competent ministers.” The phrases “Articles 3, 5-3 through 5-5, 33-5, 42, 43-8, and 45-2” and “, job posters, persons recruiting workers, commissioned recruiters, persons offering the service of providing recruitment/candidate information, providers of worker supply services, and persons seeking to receive worker supply” in Article 48 of the Employment Security Act is to be replaced with “Articles 5-3 through 5-5, and 33-5” and “and job posters,” respectively. The phrase “a job poster or person seeking to receive worker supply” in Article 48-3, paragraph (2) of the same Act is to be replaced with “a job poster.” The phrases “... has issued an order under the provisions of paragraph (1) or ... under the provisions of the preceding paragraph to a person recruiting workers” and “the order or recommendation” in paragraph (3) of the same Article is to be replaced with “... under the provisions of the preceding paragraph” and “the recommendation,” respectively. The term “Order of the Ministry of Land, Infrastructure, Transport and Tourism” in Article 15, paragraph (1), item (iii); Article 16, paragraphs (2) and (3); Article 18; Article 19, paragraph (1); and Article 20 of the Mariners’ Employment Security Act, as applied mutatis mutandis pursuant to Article 42, paragraph (1) of the same Act and Article 104 of the same Act is to be replaced with “order of the competent ministries.” The term “Minister of Land, Infrastructure, Transport and Tourism” in Article 96, paragraph (1) and Article 98, paragraphs (2) and (3) of the same Act is to be replaced with “the competent ministers.” The phrases “the provision of Article 4, and the provisions of Articles 16 and 19 (including as applied mutatis mutandis pursuant to Article 42, paragraph (1), Article 48, and Article 52),” and “, job posters, persons recruiting mariners, providers of free mariner supply services, and persons seeking to receive mariner supply” in Article 96, paragraph (1), item (i) of the same Act is to be replaced with “the provisions of Articles 16 and 19 as applied mutatis mutandis pursuant to Article 42, paragraph (1)” and “and job posters,” respectively. The phrases “in ...48, 49 and 52” and “free mariners’ employment placement service providers, persons recruiting mariners, persons offering the service of providing mariners’ recruitment/candidate information (excluding local governments; hereinafter the same applies in the following Article, Article 98, paragraph (1), and Article 102, paragraphs (1) and (2)), and providers of free mariner supply services” in item (ii) of the same paragraph of the same Act are to be replaced with “in ...” and "free mariners' employment placement service providers," respectively. The phrases "job posters or persons seeking to receive mariner supply" in Article 98, paragraph (2) of the same Act, "... has issued an order under the provisions of paragraph (1) or ... under the provisions of the preceding paragraph to a person recruiting mariners (excluding commissioned recruiters)" in paragraph (3) of the same Article, and "the order or recommendation" in paragraph (3) of the same Article are to be replaced with "job posters," "... under the provisions of the preceding paragraph," and "the recommendation," respectively.
The OTITESDO may entrust part of the operations set forth in the preceding Article 87 (excluding the operations set forthstated in paragraph (1), item (i) of the same Article, and operations incidental theretotheir ancillary operations) with the authorization of the competent ministers.
Pursuant to the provisions of Cabinet Order, the competent ministers may delegate, to the Minister of Land, Infrastructure, Transport and Tourism, part of their authorityauthorities over the collection of reports, the order to submit or present books and records, the order to appearrequest for appearance, the questioning, or the on-site inspection under Article 35, paragraph (1) (limited to those conducted for the enforcement of the provisions of Article 40, paragraphs (3) through (5)), supervision under Article 99, paragraph (1) (limited to a request for appearance), order under paragraph (2) of the same Article (limited to an order for submission or presentation of books and documents), and collection of reports or on-site inspection under Article 100, paragraph (1) (hereinafter referred to as the "collection of reports, etc." in the following paragraph and in the following Article).
The authorityauthorities of the Minister of Justice provided for in this Act (excluding those under Article 7, paragraphs (1) and 3) through (5) (including as applied mutatis mutandis pursuant to paragraph (6) of the same Article), Article 7-2, paragraphs (1), and (3) through (5) (including as applied mutatis mutandis pursuant to paragraph (6) of the same Article), and that Article 12-2, paragraphs (2) and (4), and those delegated to the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisionsprovision of paragraph (1)) may be delegated to the Commissioner of the Immigration Services Agency pursuant toas provided for in Cabinet Order.
The authorityauthorities of the Commissioner of the Immigration Services Agency provided for in this Act (including that delegated to the Commissioner of the Immigration Services Agency pursuant to the provisions of the preceding paragraph) and the authorityauthorities of the Minister of Health, Labour and Welfare (excluding those under Article 7, paragraphs (3) through (5) (including as applied mutatis mutandis pursuant to paragraph (1) and 6) of the same Article), Article 7-2, paragraphs (1), and (3) through (5) (including as applied mutatis mutandis pursuant to paragraph (6) of the same Article), and that Article 12-2, paragraphs (2) and (4), and those delegated to the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisionsprovision of paragraph (1)) may be delegated to the head of a local branch office pursuant to Order as provided for in order of the competent ministryministries.
The national government, local governments and the OTIT isESDO are to endeavor to exchange the necessary information and to otherwise ensure close mutual coordination in order to ensure that the technical intern trainingemployment for skill development is conducted smoothly.
The ESDO and public employment security offices or District Transport Bureaus (including the Maritime Traffic Control Division; the same applies in the following paragraph) must cooperate and coordinate with one another so that the measures provided for in Article 8-4, paragraph (3) (including as applied pursuant to the provision of paragraph (4) of the same Article following the deemed replacement of terms) and Article 51, paragraphs (1) and (2), and the operations under Article 87, paragraph (1), item (iii) are conducted smoothly.
The ESDO must provide public employment security offices or district transport bureaus with the necessary information, as provided for in order of the competent ministries, to facilitate cooperation under the preceding paragraph.
Any person who has violated the provisions of Article 46 is subject to imprisonment for not less than one year but not more than 10 years, or a fine of not less than 200,000 yen but not more than 3,000,000 yen.
a person who has conducted the supervision in violation ofand support business without the license under Article 23, paragraph (1);
第二十三条第一項の規定に違反して実習監理許可を受けないで、監理支援事業を行った者とき。
ChangedArticle 109, paragraph (1), item (ii)
a person who has, by deception or some other wrongful act, receivedobtained the license provided for inunder Article 23, paragraph (1), or a renewal of the period of validity period of the license provided forunder in Article 31, paragraph (2), or permission for a change provided for in Article 32, paragraph (1);
an officer or employee of a supervising organizationa person who has committed a violation in cases of violation ofviolated the order prescribed under the order underprovisions of Article 37, paragraph (32); or
an officer or employee of a supervising organizationa person who has committed a violation in cases of violation ofviolated the provisions of Article 38.;
Any person who has violated the provisions of Article 44, Article 54, paragraph (4), Article 56, paragraph (4), or Article 80 (including as applied mutatis mutandis pursuant to Article 86 and Article 88, paragraph (2)) is subject to imprisonment for not more than 1one year or a fine of not more than 500,000 yen.
Any person who has violated the provisions of Article 54, paragraph (4); Article 56, paragraph (4); or Article 80 (including as applied mutatis mutandis pursuant to Article 86 and Article 88, paragraph (2)) is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
a person who has violated the order under Article 15, paragraph (1);
第十五条第一項の規定による処分命令に違反した者とき。
ChangedArticle 111, paragraph (1), item (ii)
an officer or employee of a supervising organizationa person who has committed a violation in cases of violation ofviolated the provisions of Article 28, paragraph (1);
第二十八条第一項の規定に違反した場合におけるその違反行為をした監理団体の役員又は職員とき。
ChangedArticle 111, paragraph (1), item (iii)
an officer or employee of a supervising organizationa person who has committed a violation in cases of violation ofviolated the order prescribed under the order underprovisions of Article 36, paragraph (1);
a person who has violated the provisions of Article 47;
第四十七条の規定に違反した者とき。
ChangedArticle 111, paragraph (1), item (v)
a person who has kept the passport or residence card of a technical intern trainee skill development employee, etc. against the wishesintention of the technical intern traineethat skill development employee, etc., in violation of Article 48, paragraph (1);
a person who has, in violation of Article 48, paragraph (2), notified a technical intern skill development employee, etc., to the effect that the traineeemployee is prohibited from communicating with or meeting others or going outside during any hours other than their technical intern trainingemployment for skill development hours, in whole or in part, through threatening them with dismissal or other disadvantages in the labor relationship, collection of a penalty, or other financial disadvantages; or
Any person falling under any of the following items is subject to a fine of not more than 300,000 yen:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、三十万円以下の罰金に処する。
ChangedArticle 112, paragraph (1), item (i)
a person who has failed to give a report or to submit or present books and documents asnot made the notification provided for in Article 138-2, paragraph (1) or Article 35, paragraph (1); made a false report, 2), (6) or submitted or presented false books(7), or documents; has refused to answer to questions under these provisions or givenmade a false answer to them; or has refused, interfered with, or evaded an inspection under these provisionsnotification;
a person who has not madegiven the notificationnotice provided for in Article 17 8-2, paragraphs (3) through (5), or has madegiven a false notificationnotice;
第十七条の八条の二第三項から第五項までの規定による届出通知をせず、又は虚偽の届出通知をした者とき。
ChangedArticle 112, paragraph (1), item (iii)
a person who has not made the notification failed to make a report or to submit or present books and documents as provided for in Article 1913, paragraph (1) or Article 35, paragraph (1); has made a false notificationreport, or submitted or presented false books and documents; has refused to answer to questions under these provisions or given a false answer to them; or has refused, interfered with, or evaded an inspection under these provisions;
a person who has not givenmade the noticenotification provided for in Article 1917, paragraph (21), or has given made a false noticenotification;
第十九条第二七条第一項の規定による通知届出をせず、又は虚偽の通知届出をした者とき。
ChangedArticle 112, paragraph (1), item (v)
a person who, in violation of Article 20, has not prepared books or documents or kept them at its place of businessmade the notification provided for in Article 19, paragraph (1) or (3), or has prepared false books or documentsmade a false notification;
a person who has submitted the written applicationnot given the notice provided for in Article 23, paragraph19, paragraphs (2) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)) through (4), or the document provided for in Article 23, paragraph (3) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)) which containshas given a false statementnotice;
an officer or employee of a supervising organizationa person who has committed a, in violation if the notification provided for inof Article 3220, paragraph (3) was not made, a false notification was made, or the document provided for in the same paragraph was submitted containing a1) or (2), has failed to prepare books and documents, has failed to keep them at its place of business, or has prepared false statementbooks and documents;
an officer or employee of a supervising organization who has committed a violation if a person who has submitted the written application provided for in Article 23, paragraph (2) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5)) or the notificationdocument provided for in Article 3323, paragraph (1) was not made, or a false notification was made3) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5)) which contains a false statement;
an officer or employee of a supervising organizationa person who has committed a violation if the supervision was discontinued or all not made the notification provided for in Article 32, paragraph (1), or part of it was suspended without has made a false notification, or has submitted the notificationdocument provided for in Article 34,the same paragraph (1) or withwhich contains a false notificationstatement;
an officer or employee of a supervising organizationa person who has committed a violation in cases of violation of the provisions ofnot made the notification provided for in Article 4033, paragraph (1), or has made a false notification;
an officer or employee of a supervising organizationa person who has committed a violation if books discontinued the supervision and support business or documents were not prepared has suspended that business in whole or kept at in part without the place of businessnotification provided for in violation of Article 41, or false books34, paragraph (1) or documents were prepared; orwith a false notification;
the officer or employee of the OTITa person who has committed the violation ifviolated the report provided for inprovisions of Article 10040, paragraph (1) was not made, a false report was made, or the inspection provided for in the same paragraph was refused, interfered with,; or evaded.
a person who, in violation of Article 41, has failed to prepare books and documents, has failed to keep them at its place of business, or has prepared false books and documents.
When an officer or employee of the ESDO has failed to make a report under Article 100, paragraph (1), or has made a false report, or has refused, interfered with, or evaded an inspection under the same paragraph, the officer or employee who has committed the violation is to be subject to a fine of not more than 300,000 yen.
If the representative of a corporation, the agent or employee of a juridical or natural person, or any other person working for a juridical or natural person has committed a violation set forth under Article 108, Article 109, Article 110 (limited to the part pertaining toparagraph (1) of Article 44)110, Article 111 and the preceding Article (excluding item (xii)), or paragraph (1) of the preceding Article in connection with the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is also subject to the fine set forth under the relevant Article.
Supplementary Provisions, Article 8 · Transitional Measures Concerning the Status of Residence of "Technical Intern Training", etc.附則第八条(技能実習の在留資格等に関する経過措置)
With regard to the status of residence and period of stay of a person who, at the time this Act comes into effect, is residing in Japan with the status of residence of "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, and of a person residing after receiving a seal of verification for landing or permission (limited to those accompanied by a decision on status of residence) pursuant to the provisions of Chapter III, Section 1 or Section 2 of the former Immigration Control Act in cases where the provisions then in force continue to govern pursuant to the provisions of the following paragraph (limited to the part pertaining to item (iii)) and paragraph (4), the provisions then in force continue to govern.
an application for a change of status of residence pursuant to the provisions of Article 20, paragraph (2) of the former Immigration Control Act filed by a person residing in Japan with the status of residence of "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to grant permission pursuant to the provisions of Article 20, paragraph (3) of the Immigration Control Act;
AddedSupplementary Provisions, Article 8, paragraph (2), item (ii)
an application for extension of the period of stay pursuant to the provisions of Article 21, paragraph (2) of the former Immigration Control Act filed by a person residing in Japan with the status of residence of "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to grant permission pursuant to the provisions of Article 21, paragraph (3) of the Immigration Control Act;
an application for landing pursuant to the provisions of Article 6, paragraph (2) of the former Immigration Control Act filed by a foreign national seeking to engage in the activities set forth in the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to affix a seal of verification for landing pursuant to the provisions of Chapter III, Section 1 or Section 2 of the Immigration Control Act;
an application for issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act filed by a foreign national seeking to engage in the activities set forth in the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to issue it.
With regard to the issuance of a certificate of eligibility for a foreign national seeking to engage in the activities set forth in the right-hand column under "technical intern training" in Appended Table I (2) of the former Immigration Control Act based on a technical intern training plan (meaning the technical intern training plan prescribed in Article 8, paragraph (1) of the Former Technical Intern Training Act; the same applies hereinafter) accredited under that paragraph in relation to technical intern training (meaning the technical intern training prescribed in Article 2, paragraph (1) of the Former Technical Intern Training Act; the same applies hereinafter) for which the provisions then in force continue to govern pursuant to the provisions of the following Article, the provisions then in force continue to govern.
With regard to dispositions on an application for landing pursuant to the provisions of Article 6, paragraph (2) of the Immigration Control Act filed on or after the effective date by a person who, before the effective date, received the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act seeking to engage in the activities set forth in the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act in Japan, or by a person who received the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act in cases where the provisions then in force continue to govern pursuant to the provisions of paragraph (2) (limited to the part pertaining to item (iv)) or the preceding paragraph, the provisions then in force continue to govern until the day on which three months have elapsed counting from the effective date (or, for a person who received the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act in cases where the provisions then in force continue to govern pursuant to the provisions of paragraph (2) (limited to the part pertaining to that item), from the date of that issuance).
With regard to dispositions on an application for a change of status of residence (limited to a change pertaining to item (ii), sub-item (a) or (b) or item (iii), sub-item (a) or (b) of the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act) or for extension of the period of stay filed by a person residing in Japan with the status of residence and period of stay for which the provisions then in force continue to govern pursuant to the provisions of paragraph (1), the provisions then in force continue to govern.
With regard to technical intern training being conducted at the time this Act comes into effect based on a technical intern training plan accredited under Article 8, paragraph (1) of the Former Technical Intern Training Act before the effective date, the provisions then in force continue to govern.
With regard to the accreditation pertaining to an application for accreditation under Article 8, paragraph (1) of the Former Technical Intern Training Act filed before the effective date (limited to one for which the beginning of the technical intern training period under the technical intern training plan pertaining to the application falls on or before the day on which three months have elapsed counting from the effective date), and the technical intern training conducted based on a technical intern training plan that received that accreditation, the provisions then in force continue to govern.
With regard to the accreditation pertaining to an application for accreditation under Article 8, paragraph (1) of the Former Technical Intern Training Act filed by a person seeking to have a person (limited to the following persons) who has completed technical intern training for which the provisions then in force continue to govern pursuant to the provisions of the preceding two paragraphs conduct technical intern training, and the technical intern training conducted based on a technical intern training plan that received that accreditation, the provisions then in force continue to govern:
a person who has completed individual-enterprise-type technical intern training (i) prescribed in Article 2, paragraph (2), item (i) of the Former Technical Intern Training Act or supervising-organization-type technical intern training (i) prescribed in paragraph (4), item (i) of that Article;
AddedSupplementary Provisions, Article 9, paragraph (3), item (ii)
a person who has completed individual-enterprise-type technical intern training (ii) prescribed in Article 2, paragraph (2), item (ii) of the Former Technical Intern Training Act or supervising-organization-type technical intern training (ii) prescribed in paragraph (4), item (ii) of that Article, and who is specified by order of the competent ministries as a person for whom continuing to conduct technical intern training is appropriate.
With regard to a change to a technical intern training plan pertaining to technical intern training for which the provisions then in force continue to govern pursuant to the provisions of the preceding three paragraphs, and technical intern training based on that changed technical intern training plan, the provisions then in force continue to govern.
With regard to the supervising business (meaning the supervising business prescribed in Article 2, paragraph (10) of the Former Technical Intern Training Act; the same applies hereinafter) pertaining to technical intern training for which the provisions then in force continue to govern pursuant to the provisions of the preceding Article, conducted by a person who, at the time this Act comes into effect, is a supervising organization (meaning the supervising organization prescribed in Article 2, paragraph (10) of the Former Technical Intern Training Act; the same applies in the following paragraph), the provisions then in force continue to govern.
With regard to the period of validity, the renewal of the period of validity, and permission for a change of the business category pertaining to the license to supervise (meaning the license to supervise prescribed in Article 2, paragraph (10) of the Former Technical Intern Training Act; the same applies hereinafter in this Article and Article 14 of the Supplementary Provisions) of a supervising organization that conducts the supervising business for which the provisions then in force continue to govern pursuant to the provisions of the preceding paragraph, the provisions then in force continue to govern.
With regard to the registration and license tax pertaining to permission for a change of the business category pertaining to the license to supervise for which the provisions then in force continue to govern pursuant to the provisions of the preceding paragraph, the provisions then in force continue to govern.
Supplementary Provisions, Article 11 · Special Provisions for Accreditation of Employment-for-Skill-Development Plans for Foreign Nationals Who Have a Period of Conducting Technical Intern Training附則第十一条(技能実習を行っていた期間を有する外国人に関する育成就労計画の認定の特例)
With regard to the application of the provisions of This Act as Amended by Act No. 60 of 2024 concerning the accreditation of an employment-for-skill-development plan (meaning the employment-for-skill-development plan prescribed in Article 8, paragraph (1) of This Act as Amended by Act No. 60 of 2024) that makes a foreign national who has a period of having conducted technical intern training (hereinafter referred to as a "former technical intern trainee" in this Article) the subject of employment for skill development (meaning the employment for skill development prescribed in Article 2, item (i) of This Act as Amended by Act No. 60 of 2024; the same applies hereinafter in this paragraph), a former technical intern trainee is deemed to be a foreign national who has ceased to be the subject of employment for skill development prescribed in Article 8-6, paragraph (1) of This Act as Amended by Act No. 60 of 2024, and the period of having conducted technical intern training is deemed to be a period of having been the subject of employment for skill development; provided, however, that this does not apply where the former technical intern trainee is one of those, among former technical intern trainees falling under any of the following items, whom order of the competent ministries specifies as persons for whom having employment for skill development conducted with that former technical intern trainee as its subject is found to be appropriate in consideration of the goals and content set forth in the previous technical intern training plan.
a person who has no period of having conducted technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions;
附則第九条の規定によりなお従前の例によることとされた技能実習を行っていた期間を有しない者
AddedSupplementary Provisions, Article 11, paragraph (1), item (ii)
a person who has a period of having conducted technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions, who has departed from Japan (limited, if that person had been permitted to reenter Japan pursuant to the provisions of Article 26, paragraph (1) of the Immigration Control Act (including the case where the person is deemed to have been granted the permission under Article 26-2, paragraph (1) or Article 26-3, paragraph (1) of the Immigration Control Act), to a person whose permission ceased to be effective while the person was outside of Japan as a result of that departure), and who has no period of having conducted technical intern training after that departure.
In the case referred to in the main clause of the preceding paragraph, the provisions of Article 8-6 of This Act as Amended by Act No. 60 of 2024 do not apply to a former technical intern trainee who has a period of having conducted technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions and who does not fall under item (ii) of that paragraph.
In the case referred to in the main clause of paragraph (1) (excluding the case where the provisions of the preceding paragraph apply), with regard to the application of the provisions of Articles 8-6 and 9-3 of This Act as Amended by Act No. 60 of 2024, the phrase "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)" in Article 8-6, paragraph (2), item (iii) of This Act as Amended by Act No. 60 of 2024 is deemed to be replaced with "implementing organization (meaning the implementing organization prescribed in Article 2, paragraph (6) of the Former Technical Intern Training Act) that has had that foreign national conduct technical intern training (meaning the technical intern training prescribed in Article 2, paragraph (1) of the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees prior to its amendment by the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Act No. 60 of 2024; referred to as the 'Amending Act' in the following item) (hereinafter referred to as the 'Former Technical Intern Training Act'); the same applies hereinafter)", the phrase "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)" in item (iv) of that paragraph is deemed to be replaced with "the periods during which that foreign national conducted technical intern training that are deemed to be periods during which that foreign national was the subject of employment for skill development pursuant to the main clause of Article 11, paragraph (1) of the Supplementary Provisions of the Amending Act (limited to the periods related to the skills, etc. that fall under the skills specified by order of the competent ministries set forth in Article 9-3, item (iii), (a) (meaning the skills, etc. prescribed in Article 1 of the Former Technical Intern Training Act; the same applies in (a) of that item))", the phrase "an unavoidable circumstance provided for in order of the competent ministries is found for engaging the skill development employee in the duties requiring skills that are not the same as those specified in the previous accredited employment-for-skill-development plan or the operations requiring skills in the employment-for-skill-development industrial fields that are not the same as the employment-for-skill-development industrial fields specified in the previous accredited employment-for-skill-development plan" in the proviso to Article 9-3 of This Act as Amended by Act No. 60 of 2024 is deemed to be replaced with "an unavoidable circumstance provided for in order of the competent ministries is found for engaging the skill development employee in the duties requiring skills that do not fall under the skills specified by order of the competent ministries set forth in item (iii), (a)", the phrase "a maximum of three years (or, when the employment-for-skill-development period is extended pursuant to the provision of Article 11, paragraph (1), a maximum of four years)" in item (ii) of that Article is deemed to be replaced with "a maximum of three years", and the phrase "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" in (a) of item (iii) of that Article is deemed to be replaced with "are skills specified by order of the competent ministries as being closely related to the skills, etc. specified in the previous technical intern training plan (meaning the technical intern training plan prescribed in Article 8, paragraph (1) of the Former Technical Intern Training Act)".
A person who has been sentenced to a fine under the provisions of the Former Technical Intern Training Act, and for whom five years have not yet passed since the completion of the sentence or since the day on which the person ceased to be subject to the execution of the sentence, is deemed, with regard to the application of the provisions of Article 10 of This Act as Amended by Act No. 60 of 2024 (limited to the part relating to item (ii)), to be a person who has been sentenced to a fine under the provisions of This Act as Amended by Act No. 60 of 2024, and for whom five years have not yet passed since the completion of the sentence or since the day on which the person ceased to be subject to the execution of the sentence.
A person whose accreditation for technical intern training (meaning the accreditation for technical intern training prescribed in Article 2, paragraph (7) of the Former Technical Intern Training Act; the same applies hereinafter in this paragraph) has been revoked pursuant to the provisions of Article 16, paragraph (1) of the Former Technical Intern Training Act is deemed, with regard to the application of the provisions of Article 10 of This Act as Amended by Act No. 60 of 2024 (limited to the parts relating to items (vii) and (viii)), to have had their accreditation of employment for skill development (meaning the accreditation of employment for skill development prescribed in Article 11, paragraph (1) of This Act as Amended by Act No. 60 of 2024) revoked pursuant to the provisions of Article 16, paragraph (1) of This Act as Amended by Act No. 60 of 2024 on the day on which that accreditation for technical intern training was revoked.
A person who has obtained a license under Article 23, paragraph (1) of This Act as Amended by Act No. 60 of 2024 on or after the effective date is deemed to have obtained a license for the general supervising business (meaning the general supervising business prescribed in Article 23, paragraph (1), item (i) of the Former Technical Intern Training Act; the same applies hereinafter in this Article) and may conduct the general supervising business pertaining to technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions. In this case, with regard to that general supervising business, the provisions then in force continue to govern, except for matters relating to the license for the general supervising business.
Supplementary Provisions, Article 14 · Transitional Measures Concerning Grounds for Non-Approval of Licenses for the Supervision and Support Business附則第十四条(監理支援事業の許可の欠格事由に関する経過措置)
A person who has made a notification of discontinuation of the supervising business pursuant to the provisions of Article 34, paragraph (1) of the Former Technical Intern Training Act, or whose license to supervise has been revoked pursuant to the provisions of Article 37, paragraph (1) of the Former Technical Intern Training Act, is deemed, with regard to the application of the provisions of Article 26 of This Act as Amended by Act No. 60 of 2024 (limited to the parts relating to items (ii) and (iii) and item (v), (c) and (d)), to have made, on the day on which the person made the notification or received the disposition, a notification of discontinuation of the supervision and support business (meaning the supervision and support business prescribed in Article 23, paragraph (1) of This Act as Amended by Act No. 60 of 2024; the same applies in Article 24, paragraph (3) of the Supplementary Provisions) pursuant to the provisions of Article 34, paragraph (1) of This Act as Amended by Act No. 60 of 2024, or to have had their license revoked pursuant to the provisions of Article 37, paragraph (1) of This Act as Amended by Act No. 60 of 2024.
Supplementary Provisions, Article 16 · Transitional Measures Accompanying Succession to the Rights and Obligations of the Organization for Technical Intern Training附則第十六条(外国人技能実習機構の権利及び義務の承継に伴う経過措置)
When the Organization for Employment for Skill Development for Foreign Nationals has succeeded to the rights and obligations of the Organization for Technical Intern Training pursuant to the provisions of paragraph (4) of the preceding Article, the amount equivalent to the amount contributed to the Organization for Technical Intern Training based on the provisions of the Former Technical Intern Training Act at the time of that succession is to be deemed to have been contributed by the contributor to the Organization for Employment for Skill Development for Foreign Nationals.
When the Organization for Employment for Skill Development for Foreign Nationals has succeeded to the rights and obligations of the Organization for Technical Intern Training pursuant to the provisions of paragraph (4) of the preceding Article, if, at the time of that succession, there is any amount that is accounted for in the Organization for Technical Intern Training as the reserve funds prescribed in Article 94, paragraph (1) of the Former Technical Intern Training Act or as the loss carried forward prescribed in paragraph (2) of that Article, the Organization for Employment for Skill Development for Foreign Nationals is to account for the amount equivalent to that amount, respectively, as the reserve funds prescribed in Article 94, paragraph (1) of This Act as Amended by Act No. 60 of 2024 or as the loss carried forward prescribed in paragraph (2) of that Article.
The following operations in the fiscal year that includes the day preceding the date of dissolution of the Organization for Technical Intern Training are to be conducted by the Organization for Employment for Skill Development for Foreign Nationals:
settlement of accounts and preparation of an inventory of property, a balance sheet, and a profit and loss statement;
決算並びに財産目録、貸借対照表及び損益計算書の作成
AddedSupplementary Provisions, Article 16, paragraph (4), item (ii)
handling of profits and losses.
利益及び損失の処理
Supplementary Provisions, Article 17 · Transitional Measures Concerning Directors, Councilors, Employees, etc. of the Organization for Technical Intern Training附則第十七条(外国人技能実習機構の理事、評議員及び職員等に関する経過措置)
A person who, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, is a director of the Organization for Technical Intern Training is to be deemed to have been appointed, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, as a director of the Organization for Employment for Skill Development for Foreign Nationals pursuant to the provisions of Article 71, paragraph (2) of This Act as Amended by Act No. 60 of 2024.
A person who, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, is a councilor of the Organization for Technical Intern Training is to be deemed to have been appointed, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, as a councilor of the Organization for Employment for Skill Development for Foreign Nationals pursuant to the provisions of Article 84, paragraph (1) of This Act as Amended by Act No. 60 of 2024.
Notwithstanding the provisions of Article 72, paragraph (1) or Article 84, paragraph (3) of This Act as Amended by Act No. 60 of 2024, the term of office of a person appointed pursuant to the provisions of Article 66, paragraph (3) of This Act as Amended by Act No. 60 of 2024, as read as replaced pursuant to the provisions of Article 15, paragraph (2) of the Supplementary Provisions, which are to apply in the same manner pursuant to the provisions of Article 15, paragraph (1) of the Supplementary Provisions, or of a person deemed to have been appointed pursuant to the provisions of paragraph (1) or the preceding paragraph, is to be the same period as the remaining term of office as the president, inspector, director, or councilor of the Organization for Technical Intern Training at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals.
A person who, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, is an employee of the Organization for Technical Intern Training is to be deemed to have been appointed, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, as an employee of the Organization for Employment for Skill Development for Foreign Nationals pursuant to the provisions of Article 79 of This Act as Amended by Act No. 60 of 2024.
In addition to the operations prescribed in Article 87 of This Act as Amended by Act No. 60 of 2024, the Organization for Employment for Skill Development for Foreign Nationals is to conduct the operations prescribed in Article 87 of the Former Technical Intern Training Act relating to technical intern training and the supervising business for which the provisions then in force continue to govern pursuant to the provisions of Article 9 and Article 10, paragraphs (1) and (2) of the Supplementary Provisions.
The operations that the Organization for Employment for Skill Development for Foreign Nationals is to conduct pursuant to the provisions of Article 15, paragraph (5) and Article 16, paragraph (4) of the Supplementary Provisions and the preceding paragraph are deemed, with regard to the application of the provisions of Article 94, paragraph (3) and Article 114 (limited to the part relating to item (iii)) of This Act as Amended by Act No. 60 of 2024, to be the operations prescribed in Article 87 of This Act as Amended by Act No. 60 of 2024.
When the Organization for Employment for Skill Development for Foreign Nationals, pursuant to the provisions of paragraph (1), conducts the operations set forth in Article 87, items (i) and (vi) of the Former Technical Intern Training Act (limited, in the case of the operations set forth in item (vi) of that Article, to the operations related to the operations set forth in item (i) of that Article) relating to technical intern training and the supervising business for which the provisions then in force continue to govern pursuant to the provisions of Article 9 and Article 10, paragraphs (1) and (2) of the Supplementary Provisions, no stamp tax is imposed on documents relating to those operations that are prepared by the Organization for Employment for Skill Development for Foreign Nationals.
The provisions of Article 4, paragraph (6) of the Stamp Tax Act apply mutatis mutandis to documents prescribed in the preceding paragraph that are jointly prepared by the Organization for Employment for Skill Development for Foreign Nationals and another person (excluding the State, etc. prescribed in that paragraph).
With regard to a person who, at the time this Act comes into effect, is using the words "Gaikokujin Ikusei Shuro Kiko" (meaning "Organization for Employment for Skill Development for Foreign Nationals") in its name, the provisions of Article 61, paragraph (2) of This Act as Amended by Act No. 60 of 2024 do not apply for six months after this Act comes into effect.
Notwithstanding the provisions of Article 91 of This Act as Amended by Act No. 60 of 2024, the first fiscal year of the Organization for Employment for Skill Development for Foreign Nationals is to begin on the day of its establishment and end on the first March 31 thereafter.
With regard to the budget and business plan prescribed in Article 92, paragraph (1) of This Act as Amended by Act No. 60 of 2024 for the first fiscal year of the Organization for Employment for Skill Development for Foreign Nationals, the phrase "prior to the commencement of that fiscal year" in that paragraph is deemed to be replaced with "without delay after the establishment of the ESDO".
With regard to the application of penal provisions to acts committed before the effective date and to acts committed after this Act comes into effect in cases where the provisions then in force continue to govern pursuant to the provisions of Articles 8 through 10 and Article 13 of the Supplementary Provisions, the provisions then in force continue to govern.
In operating the system pertaining to the employment-for-skill-development status of residence in the table of Appended Table I (2) of the new Immigration Control Act (referred to as the "employment-for-skill-development system" in Article 26, paragraph (1) of the Supplementary Provisions), the government is to take the measures necessary to prevent skill development employees (meaning the skill development employees set forth in Article 2, item (iv) of This Act as Amended by Act No. 60 of 2024; the same applies in the following paragraph) from working in an excessively concentrated manner in metropolitan areas or other specific areas as a result of, for example, flowing out from rural areas to metropolitan areas, so that the personnel needed in areas where personnel are in short supply are secured, thereby contributing to the revitalization of regional economies.
The government is to take necessary measures such as strengthening cooperation among supervising and support organizations, implementing organizations for employment for skill development, the Organization for Employment for Skill Development for Foreign Nationals, public employment security offices, etc., so that supervising and support organizations (meaning the supervising and support organizations set forth in Article 2, item (xi) of This Act as Amended by Act No. 60 of 2024; the same applies hereinafter in this Article and Article 26, paragraph (1) of the Supplementary Provisions) and implementing organizations for employment for skill development (meaning the implementing organizations for employment for skill development set forth in Article 2, item (vii) of This Act as Amended by Act No. 60 of 2024; the same applies hereinafter in this paragraph) can appropriately and smoothly carry out affairs relating to the change of the implementing organization for employment for skill development for skill development employees and to supervising-organization-type employment for skill development through worker dispatch, etc. (meaning the supervising-organization-type employment for skill development through worker dispatch, etc. prescribed in Article 8, paragraph (2) of This Act as Amended by Act No. 60 of 2024), while giving full consideration to the human rights and working environment of skill development employees.
The government is to take the measures necessary to confirm that a system is sufficiently secured under which supervising and support organizations can conduct the supervision and support business from an independent and neutral standpoint, independent of organizations implementing supervising-organization-type employment for skill development (meaning the organizations implementing supervising-organization-type employment for skill development set forth in Article 2, item (ix) of This Act as Amended by Act No. 60 of 2024).
With three years after this Act comes into effect as the target, the government is to verify the status of operation of the employment-for-skill-development system, including the status of the business activities of sending organizations in foreign countries (meaning the sending organizations set forth in Article 9, paragraph (1), item (xi) of This Act as Amended by Act No. 60 of 2024) and supervising and support organizations, to review the state of the employment-for-skill-development system in light of the results of that verification, etc., and to take the necessary measures.
In addition to the matters provided for in the preceding paragraph, with five years after this Act comes into effect as the target, the government is to take into account the status of enforcement of each of the laws as amended by this Act and, if it finds it necessary, review the provisions of each of the laws as amended by this Act and take the necessary measures based on the results.