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

IfWhen an application for accreditation as provided for in Article 8, paragraph (1) of has been made (excluding the preceding Article has been made, case in which the employment-for-skill-development plan to be accredited under the same paragraph is intended for supervising-organization-type employment for skill development through worker dispatch, etc.), and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that it conforms to all of the following items, they are to accredit the technical intern trainingemployment-for-skill-development plan:

the skills, etc. to be acquired are ones that would be difficultfields of skills required for the duties to do so inbe conducted are the technical intern trainee's home countryemployment-for-skill-development industrial fields;

the goals and content of the technical intern training duties to be conducted, skills required for those duties, Japanese language proficiency, or other particulars specified as employment-for-skill-development goals and contents conform to the criteria provided for byin order of the competent ministries in accordance withopposite to the category of technical intern trainingemployment for skill development;

the period of the technical intern trainingemployment for skill development is a maximum of one year in cases of individual-enterprise-type technical intern training (i) or supervising-organization-type technical intern training (i); or a maximum of twothree years in cases of individual-enterprise-type technical intern training (ii), individual-enterprise-type technical intern training (iii), supervising organization-type technical intern training (ii), or supervising-organization-type technical intern training (iii);

the goalsevaluation of passing the trade skills test or technical intern training evaluation examination as prescribed inacquired by the technical intern training plan for individual-enterprise-type technical intern training (i) or supervising-organization-type technical intern training (i) forskill development employee and the skills, etc. in each respective technical intern training plan have been achieved in cases of individual-enterprise-type technical intern training (ii) or supervising-organization-type technical intern training (ii); or the goalsJapanese language proficiency of passing the trade skills test or technical intern training evaluation examination as prescribedskill development employee are to be conducted at the time and in the technical intern training plan for individual-enterprise-type technical intern training (ii) or supervising-organization-type technical intern training (ii)manner provided for the skills, etc. in each respective technical intern training plan have been achieved in casesorder of the competent ministries before the completion of individual-enterprise-type technical intern training (iii) or supervising-organization-type technical intern training (iii)the employment for skill development;

the evaluation of the skills, etc. which the technical intern trainee has acquired is conducted through a trade skills test, technical intern training evaluation examination, or any other evaluation assystem for providing employment for skill development and the equipment of the places of business where it is to be provided conform to the criteria provided for byin order of the competent ministries before the completion of the technical intern training;

the structure based on which the technical intern training is to be conducted and the equipment of thea person responsible for implementation of the employment for skill development has been appointed at each place of business where it will be conducted conforms the employment for skill development is to the criteria be provided, as provided for byin order of the competent ministries;

a person responsible in the case of individual-enterprise-type employment for implementation ofskill development, the technical intern training has been appointed to each place of business where the technical intern training is to be conducted, as system for conducting audit into the organization implementing individual-enterprise-type employment for skill development with regard to implementation of individual-enterprise-type employment for skill development conforms to the criteria provided for byin order of the competent ministries;

ifin the technical intern training plan iscase of supervising-organization-type employment for supervising-organization-type technical intern trainingskill development, the applicant is subject toreceives supervision by a supervising organization (limited to those which have obtained a license to supervise (limited toand support from the license for general supervising business as prescribed in Article 23, paragraph (1), item (i)), if the technical intern training plan is for supervising-organization-type technical intern training (iii)),and support organization from which it the applicant received guidance on preparation of the technical intern trainingemployment-for-skill-development plan;

the amount of remuneration paid to a technical intern traineeskill development employee is equivalent to or greater than the amount of remuneration paid to a Japanese national for similar workthe duties, and other terms of treatment of the technical intern trainees conformsskill development employees conform to the criteria provided for byin order of the competent ministries.;

if the technical intern training plan isapplicant provides employment for individual-enterprise-type technical intern training (iii) or supervising-organization-type technical intern training (iii),skill development to multiple skill development employees at a time during the applicant conforms toemployment-for-skill-development period, the criteria provided for by ordernumber of the competent ministries for having a high standard of capabilities to ensure the acquisitionthose employees does not exceed that provided for in order of the skills, etc.competent ministries; and

if the applicant plan relates to a foreign national intermediated by a foreign sending organization (meaning a person that satisfies the requirements as provided for in order of the competent ministries as a person who is allowed to conduct technical intern trainingappropriately intermediate job applications for multiple technical intern trainees at supervising-organization-type employment for skill development from foreign nationals who seek to become the same time during subject of supervising-organization-type employment for skill development to a supervising and support organization; hereinafter the technical intern training period, same applies in this item, Article 23, paragraph (2), item (v), and Article 25, paragraph (1), item (vi)), the number of trainees does not exceed amount paid to the sending organization by that foreign national conforms to the numbercriteria provided for byin order of the competent ministries as appropriate from the viewpoint of protecting skill development employees.

When an application for accreditation as provided for in Article 8, paragraph (1) has been made (limited to the case in which the employment-for-skill-development plan to be accredited under the same paragraph is intended for supervising-organization-type employment for skill development through worker dispatch, etc.), and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that it conforms to all of the following items, they are to accredit the employment-for-skill- development plan:

the plan falls under all of items (ii) through (iv), item (vi), item (viii), item (ix) and item (xi) of the preceding paragraph;

the fields of skills required for the duties to be conducted are the employment-for-skill-development industrial fields through worker dispatch, etc.;

any places of business which employ the foreign national undertake to engage the foreign national in the duties requiring the skills in the same employment-for-skill-development industrial fields through worker dispatch, etc., and other details of employment for skill development conform to the criteria provided for in order of the competent ministries as those that will not hinder the employment for skill development jointly provided by a staffing provider in Japan, etc., and a client in Japan from the viewpoint of the proper implementation of employment for skill development and the protection of skill development employees;

the system for providing employment for skill development and the equipment of the places of business where it will be provided conform to the criteria provided for in order of the competent ministries at each of a staffing provider in Japan, etc., and a client in Japan;

a person responsible for implementation of the employment for skill development has been appointed at each place of business that conducts the duties relating to employment for skill development of a staffing provider in Japan, etc. (excluding the place of business providing employment for skill development), as provided for in order of the competent ministries; and

if the applicant provides employment for skill development to multiple skill development employees at a time during the employment-for-skill development period, the number of those employees does not exceed the number provided for in order of the competent ministries in light of the total number of employees of a staffing provider in Japan, etc., providing employment for skill development and the total number of employees of a client in Japan.

When an application for accreditation as provided for in in Article 8-5, paragraph (1) has been made, and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that the applied employment-for-skill-development plan conforms to all of the following items, they are to accredit that plan:

the plan conforms to all of the items (excluding items (iii) and (xi)) of paragraph (1) of the preceding Article (or, in the case of Article 8, paragraph (2) as applied mutatis mutandis pursuant to Article 8-5, paragraph (1), the items (or, in the case of item (i), excluding the parts relating to paragraph (1), items (iii) and (xi) of the same Article) of paragraph (2) of the preceding Article);

the aggregate employment-for-skill-development period is 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), including the period set forth in Article 8-5, paragraph (2), item (v);

the skills required for the duties to be conducted 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.

the plan conforms to all of the following (a) to (c) provided, however, that this does not apply when it is found that there is an unavoidable circumstance as provided for in order of the competent ministries for newly providing employment for skill development for the skill development employees relevant to the application.

the period set forth in Article 8-5, paragraph (2), item (iv) exceeds the period provided for in order of the competent ministries by one year or more but two years or less, in consideration of the nature of duties conducted by the skill development employee;

the skills acquired by the skill development employee, and the Japanese language proficiency and other development levels of the skill development employee conform to the criteria provided for in order of the competent ministries; and

a person who seeks to provide employment for skill development conforms to the criteria provided for in order of the competent ministries in connection with results of implementation of employment for skill development, financial capacity of employment-for-skill-development costs and expenses, and other particulars necessary for the proper implementation of employment for skill development.

When an application for accreditation as provided for in Article 8-6, paragraph (1) has been made, and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that the applied employment-for-skill-development plan conforms to all of the following items, they are to accredit that plan provided, however, that when 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 when the fact referred to in paragraph (2), item (v), subitem (a) of the same Article is found, the period referred to in subitem (b) of the same item does not exceed two years, and the fact referred to in subitem (c) of the same item is not found, the plan is not required to conform to item (iii).

the plan conforms to all of the items (excluding item (iii)) of Article 9, paragraph (1) (or, in the case of Article 8, paragraph (2) as applied mutatis mutandis pursuant to Article 8-6, paragraph (1), the items of Article 9, paragraph (2) (or, in the case of item (i), excluding the parts relating to paragraph (1), item (iii) of the same Article));

the aggregate employment-for-skill-development period is 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), including the period set forth in Article 8-6, paragraph (2), item (iv);

the plan conforms to both of the following (a) and (b);

the skills required for the duties to be conducted 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

it is found that there is an unavoidable circumstance as provided for in order of the competent ministries for newly providing employment for skill development for foreign national relevant to the applicant who is no longer the subject of employment for skill development.

If a person falls under any of the following items, that person is not able to obtain the accreditation set forth under Article 8, paragraph (1); Article 8-5, paragraph (1), and Article 8-6, paragraph (1):

a person specified by provided for in order of a competent ministry as a person who is unable to properly perform work related to technical intern trainingthe responsibilities as an organization implementing employment for skill development due to a physical or mental disorder;

a person whose accreditation of employment for technical intern training skill development under paragraph (1) of the following Article was revoked under the provisions of Article 16, paragraph (1), if and for whom five years have not yet passed since the date of revocation (excluding a person who has provided the employment for skill development at a corporation with a close relationship or the supervising-organization-type employment for skill development through worker dispatch, etc., and is provided for in order of the competent ministries as reasonable to hold that the person does not fall under this item in consideration of whether and how much the person is responsible for the fact constituting the reason for the revocation);

if an organization whose accreditation of technical intern training employment for skill development referred to in paragraph (1) of the following Article was revoked pursuant to the provisions of Article 16, paragraph (1) is a corporation (if the accreditation of intern training employment for skill development was revoked under the provisions of item (iii) of the sameArticle 16, paragraph, the relevant case (1), item (iii), this is limited to those in whichwhen the corporation falls under a person prescribed in item (ii) or (iv)), the relevanta person who was an actually the officer (meaning members, directors, executive officers or any other equivalent personpersons executing business; and, including consultants, advisers, or any other persons who, irrespective of their title, are found to have the power of control that is equivalent to or greater than members, directors, executive officers or other equivalent persons executing business over the corporation; the same applies in item (xii) of this Article,; Article 25, paragraph (1), item (v), and; Article 26, item (v)); and Article 39, paragraph (5)) of the corporation at the time of the occurrence of the event that caused the corporation to be subject to the revocation, and for whom five years have not yet passed since the date of the revocation (excluding a person who has provided the employment for skill development at a corporation with a close relationship or the supervising-organization-type employment for skill development through worker dispatch, etc., and is provided for in order of the competent ministries as reasonable to hold that the person does not fall under this item in consideration of whether and how much the person is responsible for the fact constituting the reason for the revocation);

a person that committed a wrongful or extremely unjust act with regard to laws or regulations relating to immigration or labor within five years prior to the date offor whom five years have not yet passed since the day on which the person has committed a wrongful or significantly unjust act with regard to the application of accreditation set forth under Article 8, paragraph (1)laws or regulations related to immigration or labor;

(Changes to Technical Intern TrainingEmployment-for-Skill-Development Plans)

IfWhen an implementing organization intends for employment for skill development seeks to make a changechanges (excluding minor changes provided for by Orderin order of the competent ministryministries) to any of the matters givenparticulars stated in any of the items ofthe employment-for-skill-development plan accredited under Article 8, paragraph (2) (excluding item (v)) 1); Article 8-5, paragraph (1); or Article 8-6, paragraph (1) (including an accreditation of the technical intern training plan for training that was accredited change under the provision of this paragraph; hereinafter referred to as "accreditation of employment for skill development") (hereinafter referred to as "accredited employment-for-skill-development plan"), it must obtain approval under the items (excluding item (v)) of Article 8, paragraph (3); Article 8-5, paragraph (2), items (i) and (ii) (excluding the parts related to do so Article 8, paragraph (3), item (v)); or Article 8-6, paragraph (2), items (i) and (ii) (excluding the parts related to Article 8, paragraph (3), item (v)), it must receive accreditation from the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. In this case, when the employment for skill development provided by the implementing organization for employment for skill development is the employment for skill development at a corporation with a close relationship or the supervising-organization-type employment for skill development through worker dispatch, etc., all of the relevant implementing organizations must jointly apply for the accreditation.

The provisions of Article 8, paragraphs (34) through (5) 6) (including as applied mutatis mutandis pursuant to Article 8-5, paragraph (3) and Article 8-6, paragraph (3)) apply mutatis mutandis to the two application for accreditation under the preceding Articles paragraph, and the provisions of Article 9 through the preceding Article apply mutatis mutandis to the approval accreditation under the same paragraph, respectively. In this case, the phrase "a maximum of three years" set forth in Article 9, paragraph (1), item (iii) is deemed to be replaced with "a maximum of three years (or, when it is provided for in order of the competent ministries as there being reasonable grounds for extension of the employment-for-skill-development period, a maximum of four years"; the term "an applicant" set forth in items (viii) and (x) of the same paragraph, and paragraph (2), item (vi) of the same Article is deemed to be replaced with "a person who applies for accreditation under Article 11, paragraph (1)"; and the preceding phrase "when the employment-for-skill-development period is extended pursuant to the provision of Article 11, paragraph. 1" in Article 9-2, item (ii) and Article 9-3, item (ii) is deemed to be replaced with "when it is provided for in order of the competent ministries as there being reasonable grounds for extension of the employment-for-skill-development period."

The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may entrust all or a part of the administrative affairs relating to the accreditation set forth under Article 8, paragraph (1) (including approval of the changes set forth under paragraph (1) of the preceding Article; the same applies in paragraph (4))employment for skill development (hereinafter referred to as "administrative affairs for accreditation") to the Organization for Technical Intern Training (hereinafter referred to as "the OTIT" in this Chapter) in this Article, Article 14, paragraph (1), and Article 87, paragraph (1), item (i), sub-item (c)) to the ESDO.

IfFor the OTIT performs purpose of application of the provisions of Article 8, paragraphs (1) and (2); Article 8-5, paragraph (1); Article 8-6, paragraph (1); Articles 9 through 9-3; and paragraph (1) of the preceding Article when the ESDO handles all or a part of the administrative affairs for accreditation, for the phrase "the provisionsCommissioner of Article 8 through the Immigration Services Agency and the preceding Minister of Health, Labour and Welfare" in Article 8, paragraph (1) is to be applied, replaced with "the ESDO (meaning the organization provided for in Article 8-3, paragraph (1); the term "same applies in the following paragraph)," and the phrase "the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare" in paragraph (2) of the same Article 8; Article 8-5, paragraph (1),; Article 9, 8-6, paragraph (1); Articles 9 through 9-3; and paragraph (1) of the preceding Article is to be replaced with "the OTIT"."ESDO."

If the OTITESDO has issued the accreditation as providedof employment for in Article 8, paragraph (1)skill development, it must report to that effect toinform the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare to that effect without delay.

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have entrustedentrust all or a part of the administrative affairs offor accreditation to the OTITESDO pursuant to the provisions of paragraph (1), the applicant a person who applies for accreditation of employment for skill development must pay the fee prescribed in Article 8, paragraph (56) (including as applied mutatis mutandis pursuant to Article 8-5, paragraph (3); Article 8-6, paragraph (3); and paragraph (2) of the preceding Article) to the OTITESDO, as provided for in order of the competent ministries.

When finding under the field-specific operation policies that human resources required in the individual employment-for-skill-development industrial fields have been secured, the head of the relevant administrative organ with jurisdiction over the individual employment-for-skill-development industrial fields is to request the competent ministers to take measures to temporarily suspend the accreditation of employment for skill development (excluding that related to the skill development employee and the foreign national who is no longer the subject of employment for skill development because the accreditation of employment for skill development has been revoked pursuant to the provision of Article 16, paragraph (1)).

If a request pursuant to the provisions of the preceding paragraph has been made, the competent ministers are to take measures to temporarily suspend the accreditation under the same paragraph in accordance with the field-specific operation policies.

When the measures to suspend have been taken pursuant to the provisions of the preceding paragraph, and the head of the relevant administrative organ with jurisdiction over the individual employment-for-skill-development industrial fields finds a human resource shortage in the individual employment-for-skill-development industrial fields under the field-specific operation policies, the head may request the competent ministers to take measures to resume the accreditation of employment for skill development.

If a request pursuant to the provisions of the preceding paragraph has been made, the competent ministers may take measures to resume the accreditation under the same paragraph in accordance with the field-specific operation policies.

The Within the extent necessary for enforcing the provisions of this Chapter (excluding the following Section), the competent ministers may order a current or former implementing organization for employment for skill development (hereinafter referred to as "implementing organization for employment for skill development, etc." in this paragraph and in paragraph (1) of the following Article), a current or former supervising and support organization (hereinafter referred to as "supervising and support organization, etc." in this paragraph, paragraph (1) of the following Article, and Article 35, paragraph (1)), or a current officer or employee of an implementing organization for employment for skill development, etc., or supervising and support organization, etc. (hereinafter referred to as "employee or officer" in this paragraph), or a former employee or officer (hereinafter referred to as "employee or officer, etc." in this paragraph and in paragraph (1) of the following Article) to make a report or submit or present books and documents, or request the appearance of the implementing organization for employment for skill development, etc., or employee or officer, etc., or have officials of the competent ministries ask questions to relevant persons, or enter the premises of the places of business of the implementing organization for employment for skill development, etc., or the supervising and support organization, etc., or other sites related to the technical intern training employment for skill development to inspect their facilities, books, documents, or other items within the extent necessary to enforce the provisions of this Chapter (excluding the following section).

administrative affairs requesting the implementing organization for employment for skill development, etc., or the supervising and support organization, etc., or employee or officer, etc., to make the necessary reports or submit or present the necessary books and documents; and

administrative affairs relating to the questioning of have their officials ask questions to relevant persons or conduct on-site inspections of the equipmentfacilities, books, documents and, or other items of anthe implementing organization for employment for skill development, etc., or the supervising and support organization, etc. by the OTIT's staff.

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that an implementing organization for employment for skill development has not conducted technical intern training provided employment for skill development in accordance with the accredited employment-for-skill-development plan, or an implementing organization for employment for skill development is in violation of the provisions of this Act, the provisions of or other lawlaws related to immigration or labor, or any order based on these provisions;, and it is necessary in order to ensure the proper implementation of technical intern training, the Commissioner and Ministeremployment for skill development, they may order the implementing organization for employment for skill development to take necessary measures to improve the situation by a set deadline.

The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may revoke the accreditation of training in cases coming underemployment for skill development, when any of the following items applies:

the Commissioner and the Minister find that the implementing organization for employment for skill development has not conducted the technical intern trainingprovided employment for skill development in accordance with the accredited employment-for-skill-development plan;

the Commissioner and the Minister find that the accredited employment-for-skill-development plan does not conformno longer conforms to oneany of the items of Article 9, paragraph (1) or (2), the items of Article 9-2 or the items of Article 9-3;

the implementing organization for employment for skill development has come to fall under one of the items of Article 10;

the implementing organization has committed a wrongful or significantly unjust act with regard to laws or regulations related to immigration or labor.

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have revoked the accreditation of training employment for skill development pursuant to the provisions of the preceding paragraph, they must giveissue public notice to that effect.

If an implementing organization for employment for skill development has commenced technical intern trainingprovided employment for skill development for the first time after it comes to serve as the implementing organization for employment for skill development, it must notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare of the date of the commencement of training employment for skill development and other mattersparticulars as provided for byin order of the competent ministryministries without delay after the commencement.

The provisions of Article 8-3 apply mutatis mutandis to the administrative affairs relating to acceptance of the notification under the preceding paragraph.

(AcceptanceEffect of Notification by the OTITAccreditation)

The Commissioneraccreditation of employment for skill development related to the Immigration Services Agency and previous accredited employment-for-skill-development plan when a skill development employee becomes the Ministersubject of Health, Labour and Welfare may entrust the OTIT with administrative affairs relating employment for skill development under the employment-for-skill-development plan newly accredited under Article 8-5, paragraph (1) (hereinafter referred to as "new employment-for-skill development plan" in this Article) is to cease to be effective on the acceptancedate of the commencement of employment for skill development specified in the new employment-for-skill-development plan provided, however, that this does not apply when the notification or notice under paragraph (1) or (2) of the precedingfollowing Article has been submitted by the implementing organization for employment for skill development whose new employment-for-skill-development plan has been accredited by that date, or if the notification under Article 33, paragraph (1) has been submitted by the supervising and support organization from which the implementing organization for employment for skill development receives supervision and support.

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare has entrusted the OTIT with the administrative affairs relating to acceptance of the notification pursuant to the provisions of the preceding paragraph, the person who intends to make the notification under the preceding Article must do so to the OTIT, notwithstanding the provisions of that Article.

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

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare are to entrust the OTIT with administrative affairs relating to the acceptance of notification pursuant to the provisions of paragraph (1), or are to cease entrusting the OTIT with the administrative affairs relating to the acceptance of notification, the competent ministers must give public notice to that effect.

(Giving Notification of Difficulty in Conducting Technical Intern TrainingProviding Employment for Skill Development)

If it has become difficult an organization implementing individual-enterprise-type employment for an organization implementing individual-enterprise-type technical intern training to conduct that trainingskill development faces difficulty in providing individual-enterprise-type employment for skill development, it must , without delay, notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay of the names of its individual-enterprise-type technical intern traineesskill development employees for whom it has become difficult to conduct that trainingprovide individual-enterprise-type employment for skill development, the measures to be taken to ensure the continuation of their trainingemployment for skill development for those individual-enterprise-type skill development employees, and other mattersparticulars as provided for by Orderin order of the competent ministries.

If it has become difficult an organization implementing supervising-organization-type employment for an organization implementing supervising-organization-type technical intern training to conduct that trainingskill development faces difficulty in providing supervising-organization-type employment for skill development, it must notify , without delay, give the supervising and support organization without delay from which it receives supervision and support notice of the names of its supervising-organization-type technical intern traineesskill development employees for whom it has become difficult to conduct that trainingprovide supervising-organization-type employment for skill development, the measures to be taken to ensure the continuation of their trainingemployment for skill development for those supervising-organization-type skill development employees, and other mattersparticulars as provided for by Orderin order of the competent ministryministries.

The provisions of If the employment for skill development provided by the preceding Article apply mutatis mutandis to administrative affairs implementing organization for employment for skill development facing difficulty in providing the employment for skill development is the acceptance of notifications employment for skill development at a corporation with a close relationship, the notification under paragraph (1) or the notice under the preceding paragraph must be submitted or given jointly by all of the relevant implementing organizations for employment for skill development that jointly provide the employment for skill development.

If the employment for skill development provided by the organization implementing supervising-organization-type employment for skill development facing difficulty in providing the supervising-organization-type employment for skill development is the supervising-organization-type employment for skill development through worker dispatch, etc., the organization implementing supervising-organization-type employment for skill development must immediately give notice to that effect to other organizations implementing supervising-organization-type employment for skill development 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 facing difficulty in providing the supervising-organization-type employment for skill development is a client in Japan, the notice under paragraph (2) must be given by the staffing provider in Japan, etc., that has received the notice under the first sentence of this paragraph.

The provisions of Article 8-3 apply mutatis mutandis to the administrative affairs relating to acceptance of the notification under paragraph (1).

Implementing organizations for employment for skill development (limited to those providing employment for skill development at those places of business) must prepare books and documents as provided for by Orderin order of the competent ministries in connection with technical intern training, employment for skill development and keep them at the placethose places of business where the technical intern training is being conducted.

If the employment for skill development provided by implementing organizations for employment for skill development is the supervising-organization-type employment for skill development through worker dispatch, etc., staffing providers in Japan, etc. out of those implementing organizations for employment for skill development must prepare books and documents provided for in order of the competent ministries in connection with the employment for skill development of skill development employees as the subject of worker dispatch, etc., and keep them at the places of business where the duties related to the employment for skill development are conducted (excluding the places of business providing employment for skill development that do not carry out operations related to the worker dispatch, etc.).

If an implementing organization for employment for skill development has conducted technical intern trainingprovided employment for skill development, it must prepare a report on the status of implementation of employment for skill development and submit a reportit to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare on the status of implementation, as provided for in order of that training, pursuant to the competent ministries. In this case, when the employment for skill development provided by the provisions of Orders implementing organization for employment for skill development is the employment for skill development at a corporation with a close relationship or the supervising-organization-type employment for skill development through worker dispatch, etc., all of the competent ministryrelevant implementing organizations for employment for skill development must jointly prepare and submit the report.

The provisions of Article 188-3 apply mutatis mutandis to the administrative affairs relating to acceptance of the report and its retention under the preceding paragraph. In this case, the phrase "request under paragraph (1) of the preceding Article or notification under either of paragraphs (2), (6) or (7) of the same Article," the term "these," and the phrase "the request or the notification" in paragraph (2) of the same Article are deemed to be replaced with "the submission of the report under the provision of Article 21, paragraph (1)", "the same paragraph", and "the submission of the report," respectively. The phrase "request or notification" and "to that effect" in paragraph (3) of the same Article are deemed to be replaced with "the report" and "to that effect and the content of the report," respectively.

Beyond what is provided forstated in this Section, the necessary mattersparticulars relating to the implementation of procedures for accreditation of technical intern trainingemployment-for-skill-development plans and other provisions of this Section are provided for by Orderin order of the competent ministryministries.

Section 2 Supervising and Support Organizations

(License of Supervising Organization Licensesand Support Organization)

A person seeking to conduct supervisingthe business must obtain a license from the competent minister in accordance with theof providing supervision and support (hereinafter referred to as "supervision and support business categories given below:" in this Section, Article 109, item (i), and Article 112, paragraph (1), item (xi)) must obtain a license from the competent ministers.

general supervising business (meaning supervising business other than that presented in the following item; the same applies hereinafter); or

specified supervising business (meaning providing supervision as business with an organization implementing supervising-organization-type technical intern training that conducts only supervising-organization-type technical intern training (i) or supervising-organization-type technical intern training (ii); the same applies hereinafter).

A person intendingseeking to obtain the license set forth under the preceding paragraph (hereinafter referred to as the "license" in this Section (excluding Article 27, paragraph (2))) (referred to as the "applicant" in paragraph (7), the following Article, and Article 25) must submit a written application todescribing the competent ministers describing the following matters pursuant to the provisions ofparticulars stated below to the competent ministers, as provided for in order of the competent ministries:

name and address of the place of business where the supervisingsupervision and support business is conducted;

whether it conducts general supervising business or specified supervising businessname and address of the supervision and support manager appointed pursuant to the provisions of Article 40, paragraph (1);

If the person seeks to ask a foreign sending organization to intermediate job applications for supervising-organization-type employment for skill development from foreign nationals who seek to become the subject of supervising-organization-type employment for skill development, the name and address of the supervision manager appointed pursuant tothat foreign sending organization and, in the provisionscase of Article 40, paragraph (1);a corporation, the name of its representative; and

if it seeks to receive a job application for supervising-organization-type technical intern training from a person who wishes to become a supervising-organization-type technical intern trainee through a sending organization in a foreign country that acts as a broker between them (the sending organization means a person that satisfies the requirements asother particulars provided for byin order of the competent ministries for those properly acting as a broker of job applications for supervising-organization-type technical intern training from persons applying to become a supervising-organization-type technical intern trainee; the same applies in Article 25, paragraph (1), item (vi)), the sending organization's name and address and, in cases of a corporation, the name of its representative; andministry;

other matters provided for by order of the competent ministry;

The written application set forth under the preceding paragraph must have a business plan on supervising supervision and support business for each place of business where the supervising supervision and support business is conducted, documents certifying the mattersparticulars listed in the items of Article 25, paragraph (1), and other documents as provided for byin order of the competent ministryministries attached to it.

In the business plan set forth under the preceding paragraph, the expected number of organizations implementing supervising-organization-type training employment for skill development which are to be subject to supervision and support for each place of business where the supervising supervision and support business is to be conducted, the expected number of supervising-organization-type technical intern traineesskill development employees at thosethe organizations implementing supervising-organization-type employment for skill development, and other mattersparticulars related to the supervision and support business must be described, as provided for byin order of the competent ministryministries.

If the competent ministers have receivedaccepted an application for a license as provided for in paragraph (1), they, the ministers are to investigate the facts with regard to the written application as provided for in paragraph (2) and the documents as provided for in paragraph (3).

If the Minister of Health, Labour and Welfare intends to grantgrants the license as provided for in paragraph (1), the Minister must hear the opinion of the Labour Policy Council in advance.

If the competent ministers have entrusted the investigation entrust all or a part of investigations to the OTITESDO pursuant to the provisions of the preceding paragraph in whole or in part, they , the ministers are not to conductperform the relevant investigationinvestigations in whole or in part by themselves. In such cases, ifthis case, when the competent ministers are to issuegrant the license as provided for in paragraph (1) of the preceding Article, they must consider the results of the investigationinvestigations reported by the OTITESDO pursuant to the provisions of paragraph (4).

If an application for the license as provided for in Article 23, paragraph (1) has been filed, the competent ministers must not grant the license unless they find that the applicant conforms to all of the following items:

it has sufficient capabilityconforms to conduct the supervising business appropriatelycriteria provided for in accordance withorder of the criteria provided for by order of the competent ministry as set forth under Article 39, paragraph (3);competent ministries as a person who has sufficient capability to conduct the supervision and support business appropriately.

it possesses a conforms to the criteria provided for in order of the competent ministries as a person who has a sufficient financial basisbase to properly conduct the supervising supervision and support business; in a sound manner.

it has taken the necessary measures to properly manage personal information (meaning information relating to individuals which may be used to identify a specific individual (including information that can be used to identify a specific individual through a cross check against other information); hereinafter the same applies in Article 40, paragraph (1), item (iv) and Article 43), and to protect the confidentiality of the organization implementing the supervising-organization-type technical intern trainingemployment for skill development, etc., and the supervising-organization-type technical intern traineesskill development employees, etc.;

In addition to auditing by inspectors and persons responsible for auditing the business of the corporation, it has taken any measures to have a person who has no close relationship as provided for in order of the following measures competent ministries with the organization implementing supervising-organization-type employment for skill development, possess knowledge or experiences, etc., to fairly and properly audit the purposeexecution of appropriate management duties, and satisfies other requirements provided for in order of the supervising competent ministries audit officers' execution of duties related to the supervision and support business:, as provided for iny order of the competent ministries;

its officers are not composed entirely of persons with a close relationship provided for by order of the competent ministry with the organization implementing supervising-organization-type technical intern training, and otherwise the composition of the officers are not likely to impede the securing of appropriate operation of the supervising business; or

in addition to auditing by inspectors and persons responsible for auditing the business of the corporation, it has a person who satisfies the requirements as provided for in order of the competent ministry and does not have a close relationship as provided for by order of the competent ministry with the organization implementing supervising-organization-type technical intern training, audit the officer's performance of duties pertaining to the supervising business, pursuant to order of the competent ministry;

if it intendsseeks to receive job applications for supervising-organization-type technical intern training from persons applying to become aask a foreign sending organization to intermediate job applications for supervising-organization-type technical intern trainee through a sending organization in a foreign country that acts as a broker between thememployment for skill development from foreign nationals who seek to become the subject of supervising-organization-type employment for skill development, it has entered into a contract with the foreign sending organization in a foreign country on that brokeragefor such intermediation;

if the application for the license set forth under Article 23, paragraph (1) concerns general supervising business, the applicantbeyond what is to conform to the criteria provided for by Order ofstated in the competent ministry as meetingpreceding items, it possesses the high standard of capability to conduct an audit ofperform the status of implementation of supervising-organization-type technical intern trainingsupervision and to perform other work; andsupport business appropriately.

in addition to the matters provided for in the preceding items, the applicant possesses the capability to perform the supervising business appropriately.

If the competent ministers aredo not to grant the license as provided for in Article 23, paragraph (1), they must give notice to that effect to the applicant, stating the reasons therefor, without delay.

If a person comesfalls under any of the items listed belowfollowing items, the person may not receive the license as provided for in Article 23, paragraph (1):

a person whose license to supervise has been revoked pursuant to the provisions of Article 37, paragraph (1), ifand for whom five years have not yet passed since the date of that revocation;

a person thatwho submitted a notification of discontinuation of the supervising supervision and support business pursuant to the provisions of Article 34, paragraph (1) during the period from the timedate of receiving a notice under Article 15 of the Administrative Procedure Act (Act No. 88 of 1993) of the determination to revoke the license to supervise pursuant to Article 37, paragraph (1) of this Act until the date of implementation of that determination or the date of the decision not to implement that determination (excluding cases in which the person for whom there were reasonable grounds for discontinuation of that business), ifand for whom five years have not yet passed since the date of that notification;

a person that for whom five years have not yet passed since the day on which the person has committed a wrongful or significantly unjust act with regard to the laws or regulations related to immigration or labor within the past five years prior to the date of the application for the license set forth under Article 23, paragraph (1);

if another person's license to supervise was revoked pursuant to the provisions of Article 37, paragraph (1) (or if another person's license to supervise was revoked pursuant to the provisions of item (ii) of the same paragraph, the relevant case is limited to cases in which thatthe other person came to fall under item (i) (excluding the part relating to Article 10, item (xiii))), the officer in questionwho held the same position in that other person at the time of the occurrence of the event that led to the revocation, and for whom five years have not yet passed since the date of the revocation; or

if another person made a notification of discontinuation of the supervising supervision and support business pursuant to the provisions of Article 34, paragraph (1) within the period prescribed provided for in item (iii), the officer in questionwho held the same position in thatthe other person within 60 days prior to the date of the notice set forth under the same item (excluding persons for whom there were reasonable grounds for discontinuation of the supervision and support business), and for whom five years have not yet passed since the date of that noticenotification; or