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
Chapter III Employment-for-Skill-Development Organization (Articles 88 to 102)
The law as 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) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 88, paragraph (1)(業務の委託)(Entrustment of Operations)Changed
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.
The provisions of Article 80 and Article 81 apply mutatis mutandis to a person entrusted with the operations under the preceding paragraph (or their officers, if that person is a corporation), the relevant person's employees, and other persons engaging in the entrusted operations.
When the ESDO commences its operations, it must prepare a statement of operation procedures and obtain the authorization of the competent minister. The same applies if the ESDO intends to modify that statement of operation procedures.
The statement of operation procedures set forth under the preceding paragraph must include the particulars provided for in order of the competent ministry.
前項の業務方法書には、主務省令で定める事項を記載しなければならない。
Article 90第九十条
Request for Delivery of Materials(資料の交付の要請等)
Article 90, paragraph (1)
If the ESDO finds it to be particularly necessary in conducting its operations and makes a request, the National Government or a local government may deliver the necessary materials to the ESDO or make them available for viewing by the ESDO.
If the ESDO finds it necessary in conducting its operations, it may request the head of a national administrative organ, the head of a local government, or other executive agencies to provide materials, present opinions, give explanations or otherwise cooperate as necessary.
The fiscal year of the ESDO commences on April 1 of each year and ends on March 31 of the following year.
機構の事業年度は、毎年四月一日に始まり、翌年三月三十一日に終わる。
Article 92第九十二条
Authorization of Budgets(予算等の認可)
Article 92, paragraph (1)
The ESDO must prepare a budget and business plan for each fiscal year, and obtain the authorization of the competent ministers prior to the commencement of that fiscal year. The same applies if the ESDO intends to modify that budget and business plan.
If the competent ministers intend to give the authorization set forth under the preceding paragraph, the competent ministers must consult the Minister of Finance in advance.
主務大臣は、前項の認可をしようとするときは、あらかじめ、財務大臣に協議しなければならない。
Article 93第九十三条
Financial Statements, Etc.(財務諸表等)
Article 93, paragraph (1)
The ESDO must prepare a balance sheet, profit and loss statement, other documents specified by order of the competent ministry, and the annexed detailed statements thereof (hereinafter referred to in this Article as "financial statements") for each business year, and must submit them to the competent ministers within three months of the end of that fiscal year and receive their approval.
If the ESDO submits the financial statements to the competent ministers pursuant to the provisions of the preceding paragraph, it must attach thereto a business report for that fiscal year, a report of its accounts based on its budget classification, and the inspectors' written opinion on the financial statements and statement of its accounts.
If the ESDO receives the approval of the competent ministers pursuant to the provisions of paragraph (1), it must give public notice of the financial statements in the Official Gazette without delay, and must keep the financial statements, business report, statement of its accounts, and the inspectors' written opinion set forth under the preceding paragraph (hereinafter referred to in this Article as "financial statements, etc.") at each office, and must make them available for public inspection for a period of time provided for in order of the competent ministry.
Financial statements, etc., may be prepared in the form of an electronic or magnetic record (meaning a record in the electronic form, magnetic form or any other form not recognizable to human perception to be used in information processing by computers, as provided for in order of the competent ministry; the same applies hereinafter).
If the financial statements, etc., are prepared in the form of an electronic or magnetic record, the ESDO may take the measures specified by order of the competent ministry as measures enabling information recorded in that electronic or magnetic record available to the general public by electronic or magnetic means (meaning means provided for in order of the competent ministry using an electronic data processing system or other information and communication technology), at its office. In that case, the financial statements, etc., are deemed to have been kept and made available for public inspection pursuant to the provisions of paragraph (3).
If a profit arises in the calculation of profits and losses for a fiscal year, the ESDO must thereby offset any loss carried over from the previous fiscal year, and any surplus that may remain even after offsetting the loss must be kept as reserve funds.
If a loss is incurred based on the calculation of profits and losses for a fiscal year, the ESDO must account for the loss by reducing the amount of the reserve funds prescribed under the preceding paragraph, and if there is any deficit remaining thereafter, the ESDO must account for the amount of deficit as a loss carried forward.
The ESDO may allocate the reserve funds specified in the provisions of paragraph (1) to expenses required for the operations set forth in Article 87, within the limits of the amount specified in the budget.
The ESDO may make short-term borrowings with the authorization of the competent ministers if it is necessary to allocate funds to expenses required for its operations.
The short-term borrowings under the preceding paragraph must be reimbursed within the fiscal year concerned provided, however, that if the short-term borrowings cannot be reimbursed due to a lack of funds, only the amount that cannot be reimbursed may be refinanced with the authorization of the competent ministers.
The short-term borrowings that have been refinanced pursuant to the provisions of the proviso to the preceding paragraph must be reimbursed within one year.
前項ただし書の規定により借り換えた短期借入金は、一年以内に償還しなければならない。
Article 95, paragraph (4)
If the competent ministers intend to give the authorization set forth under the provisions of paragraph (1) and paragraph (2), the competent ministers must consult with the Minister of Finance in advance.
The ESDO may neither make long-term borrowings nor issue bonds.
機構は、長期借入金及び債券発行をすることができない。
Article 96第九十六条
Grants(交付金)
Article 96, paragraph (1)
The government is to grant the ESDO the amount of money equivalent to the expenses required for its business, within the limits of the budget.
政府は、予算の範囲内において、機構に対し、その業務に要する費用に相当する金額を交付するものとする。
Article 97第九十七条
Investment of Surplus Funds(余裕金の運用)
Article 97, paragraph (1)
The ESDO must not invest any surplus funds arising in the course of its operations other than through the following means:
機構は、次の方法によるほか、業務上の余裕金を運用してはならない。
Article 97, paragraph (1), item (i)
holding of government bonds and other securities designated by the competent ministers;
国債その他主務大臣の指定する有価証券の保有
Article 97, paragraph (1), item (ii)
depositing of surplus funds in a financial institution designated by the competent ministers; and
主務大臣の指定する金融機関への預金
Article 97, paragraph (1), item (iii)
other means provided for in order of the competent ministry.
その他主務省令で定める方法
Article 98第九十八条
Delegation to Order of the Competent Ministry(主務省令への委任)
Article 98, paragraph (1)
Beyond what is provided for in this Act, the necessary particulars for the enforcement of the provisions of this Section are provided for in order of the competent ministry.
この法律に定めるもののほか、この節の規定の実施に関し必要な事項は、主務省令で定める。
Section 7 Supervision第七節 監督
Article 99第九十九条
Supervision(監督)
Article 99, paragraph (1)
The ESDO is supervised by the competent minister.
機構は、主務大臣が監督する。
Article 99, paragraph (2)
If the competent minister finds it necessary for the enforcement of this Act, they may issue an order as necessary for the supervision of the ESDO's operations.
If the competent minister finds it necessary for the enforcement of this Act, they may order the ESDO to submit a report on its operations, or may have officials enter the ESDO's offices to inspect the ESDO's books, documents and other items.
The provisions of Article 13, paragraph (2) apply mutatis mutandis to the on-site inspection under the preceding paragraph, and the provisions of Article 13, paragraph (3) apply mutatis mutandis to the authority under the preceding paragraph.
Changes to the ESDO's articles of incorporation do not come into effect without the authorization of the competent ministers.
機構の定款の変更は、主務大臣の認可を受けなければ、その効力を生じない。
Article 102第百二条
Dissolution(解散)
Article 102, paragraph (1)
If the ESDO is dissolved and there are residual assets even after it has paid its debts, the ESDO must distribute them to each contributor in amounts proportionate to the amount of each capital contribution.