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

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.

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;

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;

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.

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