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

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;

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.