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

If a supervising and support organization intendsseeks to discontinue its supervising supervision and support business or to suspend it in whole or in part, the supervising and support organization must notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare to that effect at least one month prior to the date of that discontinuation or suspension, and must notify them of the measures to be taken to ensure the continuation of the supervising-organization-type technical intern training employment for skill development related to an organization implementing the supervising-organization-type technical intern training under supervision of the relevant supervising organizationemployment for skill development for which it conducts supervision and support, and other mattersparticulars as provided for byin order of the competent ministryministries.

The provisions of Article 188-3 apply mutatis mutandis to the administrative affairs of receiptacceptance of the notification under the preceding paragraph.

Within the extent necessary for the purpose of implementingenforcing the provisions of this Section, the competent ministers may order a person related to the supervising-organization-type technical intern training employment for skill development (meaning a supervising and support organization, etc., or a current or former organization implementing supervising-organization-type technical intern trainingemployment for skill development; hereinafter the same applies in this paragraph), a current officer or employee of a person related to supervising-organization-type technical intern training employment for skill development (hereinafter referred to as "employee or officer" in this paragraph) or a former employeeofficer or officeremployee (that current employeeofficer or officeremployee, and that former employeeofficer or officeremployee are hereinafter collectively referred to as "employee or officer, etc." in this paragraph) to make a report, submit or present books and documents; may request the appearance of the person related to the supervising-organization-type technical intern training employment for skill development or the employee or officer, etc.; may have an official of the competent ministry question relevant persons; or may have them enter the premises of the places of business of the organization implementing supervising-organization-type technical intern training employment for skill development or other sites related to the supervising-organization-type technical intern trainingemployment for skill development, to inspect their equipmentfacilities, books, documents, or other items.

If a supervising and support organization has violated the provisions of this Act, the provisions of other laws related to immigration or labor, or any order based on these provisions, and the competent ministers find it necessary in order to secure the proper operation of the supervision and support business, they may order the supervising and support organization to take the necessary measures to improve the management of the supervisingsupervision and support business by a set deadline.

The competent ministers may revoke the license to supervise if the supervising and support organization falls under any of the following items:

the supervising and support organization has violated the conditions attached pursuant to the provisions of Article 30, paragraph (1) to the license to supervise;

If the competent ministers find that a supervising organization which was granted a license to supervise (limited to that for general supervising business) no longer conforms to the criteria provided for by Orderand support organization falls under any of the provisions of item (i), item (iii), or item (iv) of the competent ministry set forth under Article 25, paragraph (1), item (vii), they may, ex officio, change that license to supervise to one for specified supervisiningpreceding paragraph, they may order the suspension of all or a part of the supervision and support business for a set period of time.

If the competent ministers find thathave revoked a supervising organization falls under any oflicense pursuant to the provisions of paragraph (1), item (i) or items (iii) through (v), they may orderissued an order pursuant to the suspensionprovisions of all or a part of the supervising business for a set period of timethe preceding paragraph, they must give public notice to that effect.

A supervising and support organization must not have any other person conduct supervisingthe supervision and support business using that organization's name.

The supervising organization must endeavor to have supervising-organization-type technical intern trainees acquire the necessary knowledge to engage in theand support organization must, in accordance with the accredited employment-for-skill-development plan, conduct supervision and support of supervising-organization-type technical intern training and must superviseemployment for skill development related to the supervising-organization-type technical intern training in accordance with the accredited planskill development employees.

The supervising and support organization must provide the necessary guidance and advice to the organization implementing supervising-organization-type technical intern training employment for skill development under its supervision and support when that organization conducts an evaluation of the skills, etc. acquired by the supervising-organization-type technical intern traineesskill development employees.

In addition to the matters listed in the two preceding paragraphs,The supervising and support organization must properly take the supervising organization must conduct its business in accordance with the criteria as provided for by order of the competent ministry with regard tomeasures provided for in Article 8-4, paragraph (5) and Article 51, paragraphs (1) and (2) and other necessary measures in accordance with the audit of the status of implementationcriteria provided for in order of the supervising-organization-type technical intern training and other workcompetent ministries.

Beyond what is stated in the preceding three paragraphs, the supervising and support organization must conduct its operations in accordance with the criteria as provided for in order of the competent ministries with regard to the audit of the status of implementation of the supervising-organization-type employment for skill development and other operations.

The supervising and support organization must not engage officers or employees who have a close relationship, as provided for in order of the competent ministries, with an organization implementing supervising-organization-type employment for skill development in the implementation of the operations provided for in the preceding paragraphs that are provided for in order of the competent ministries.

The supervising and support organization, as provided for byin order of the competent ministryministries, must appoint a supervision and support manager forat each place of business where the supervising supervision and support business is conducted, and to have that manager generally supervise the followingparticulars stated below:

preparations for acceptance of supervising-organization-type technical intern traineesskill development employees;

mattersparticulars related to guidance and advice provided to organizations implementing supervising-organization-type technical intern training employment for skill development with regard to the acquisition of skills, etc., by the supervising-organization-type technical intern traineesskill development employees, and communication and coordination with the organizations implementing supervising-organization-type technical intern trainingemployment for skill development;

mattersparticulars related to the protection of the technical intern trainees asskill development employees provided for in the following Section, and other matters related to the protection of other supervising-organization-type technical intern traineesskill development employees;

mattersparticulars related to the management of personal information relating to the organization implementing supervising-organization-type technical intern training employment for skill development, etc. and supervising-organization-type technical intern traineesskill development employees, etc.;

mattersparticulars related to communication and coordination with the manager pursuant to the provisions ofprovided for in Article 9, paragraph (1), item (vii) vi) and paragraph (2), item (v) of the same Article in relation to labor conditions for, industrial safety for, and occupational health of the supervising-organization-type technical intern traineesskill development employees; and

mattersparticulars related to communication and coordination with the national and local government agencies which have jurisdiction over the administrative affairs relating to technical intern trainingemployment for skill development, the OTITESDO, and other relevant organizations.

The supervision and support manager must be a person other than those givenstated below:

The supervising and support organization must have the supervision and support manager provide the necessary guidance to ensure that an organization implementing supervising-organization-type technical intern training employment for skill development does not violate the Labor Standards Act, the Industrial Safety and Health Act, or other laws and regulationregulations relating to labor.

If the supervising and support organization findfinds that an organization implementing supervising-organization-type technical intern training employment for skill development has violated the Labor Standards Act, the Industrial Safety and Health Act, or other laws and regulations related to labor in connection with the supervising-organization-type technical intern trainingemployment for skill development, it must have the supervision and support manager issue the necessary instructions for corrective purposes.

If the supervising and support organization has issued the instructions as provided for in the preceding paragraph, it must promptly report that fact toinform the relevant administrative organs to that effect.

The supervising and support organization must prepare books and documents relating to the supervising business as supervision and support business provided for by Orderin order of the competent ministryministries, and must keep them at the place of business where the supervisingsupervision and support business is conducted.

If the supervising and support organization has conducted an audit of an organization implementing supervising-organization-type technical intern training under its employment for skill development for which it conducts supervision and support in accordance with the criteria provided for byin order of the competent ministryministries set forth underin Article 39, paragraph (34), it must prepare an audit report without delay after it has completed the audit and must submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.

The supervising and support organization must prepare a business report on the supervising supervision and support business for each place of business where the supervising supervision and support business is conducted, and must submit themit to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, as provided for byin order of the competent ministryministries.

The provisions of Article 188-3 apply mutatis mutandis to the administrative affairs relating to the receipt acceptance and retention of the audit report under paragraph (1) and the receipt acceptance and retention of the business report under the preceding paragraph. In this case, the phrases "request under paragraph (1) of the preceding Article or notification under either of paragraphs (2), (6) and (7) of the same Article" and "the request or the notification" in paragraph (2) of the same Article are deemed to be replaced with "the submission of the audit report under the provision of Article 42, paragraph (1) or the submission of the business report under paragraph (2) of the same Article," respectively. The phrases "the request or notification" and "to that effect" in paragraph (3) of the same Article are deemed to be replaced with "the audit report or the business report" and "to that effect and the content of the audit report or the business report," respectively.

When a supervising and support organization collects, keepsretains, or uses the personal information of an organization implementing supervising-organization-type technical intern trainingemployment for skill development, etc. or, and a supervising-organization-type technical intern traineeskill development employee, etc. in connection with the supervising supervision and support business, it must collect that information only within the scope necessary to achieve the objectives of the supervising supervision and support business, and must keepretain and use it only within the scope of the purposes for which it was collected; provided, however, that this does not apply to cases in whichwhen the relevant person gave consent or there are otherwise reasonable grounds.

The supervising and support organization must take the necessary measures for proper management ofto properly manage personal information related to the organizations implementing supervising-organization-type technical intern trainingemployment for skill development, etc., and supervising-organization-type technical intern traineesskill development employees, etc.