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

With regard to the status of residence and period of stay of a person who, at the time this Act comes into effect, is residing in Japan with the status of residence of "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, and of a person residing after receiving a seal of verification for landing or permission (limited to those accompanied by a decision on status of residence) pursuant to the provisions of Chapter III, Section 1 or Section 2 of the former Immigration Control Act in cases where the provisions then in force continue to govern pursuant to the provisions of the following paragraph (limited to the part pertaining to item (iii)) and paragraph (4), the provisions then in force continue to govern.

With regard to dispositions on the following applications filed before this Act comes into effect, the provisions then in force continue to govern:

an application for a change of status of residence pursuant to the provisions of Article 20, paragraph (2) of the former Immigration Control Act filed by a person residing in Japan with the status of residence of "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to grant permission pursuant to the provisions of Article 20, paragraph (3) of the Immigration Control Act;

an application for extension of the period of stay pursuant to the provisions of Article 21, paragraph (2) of the former Immigration Control Act filed by a person residing in Japan with the status of residence of "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to grant permission pursuant to the provisions of Article 21, paragraph (3) of the Immigration Control Act;

an application for landing pursuant to the provisions of Article 6, paragraph (2) of the former Immigration Control Act filed by a foreign national seeking to engage in the activities set forth in the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to affix a seal of verification for landing pursuant to the provisions of Chapter III, Section 1 or Section 2 of the Immigration Control Act;

an application for issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act filed by a foreign national seeking to engage in the activities set forth in the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act, for which, at the time this Act comes into effect, no disposition has been made as to whether to issue it.

With regard to the issuance of a certificate of eligibility for a foreign national seeking to engage in the activities set forth in the right-hand column under "technical intern training" in Appended Table I (2) of the former Immigration Control Act based on a technical intern training plan (meaning the technical intern training plan prescribed in Article 8, paragraph (1) of the Former Technical Intern Training Act; the same applies hereinafter) accredited under that paragraph in relation to technical intern training (meaning the technical intern training prescribed in Article 2, paragraph (1) of the Former Technical Intern Training Act; the same applies hereinafter) for which the provisions then in force continue to govern pursuant to the provisions of the following Article, the provisions then in force continue to govern.

With regard to dispositions on an application for landing pursuant to the provisions of Article 6, paragraph (2) of the Immigration Control Act filed on or after the effective date by a person who, before the effective date, received the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act seeking to engage in the activities set forth in the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act in Japan, or by a person who received the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act in cases where the provisions then in force continue to govern pursuant to the provisions of paragraph (2) (limited to the part pertaining to item (iv)) or the preceding paragraph, the provisions then in force continue to govern until the day on which three months have elapsed counting from the effective date (or, for a person who received the issuance of a certificate of eligibility pursuant to the provisions of Article 7-2, paragraph (1) of the former Immigration Control Act in cases where the provisions then in force continue to govern pursuant to the provisions of paragraph (2) (limited to the part pertaining to that item), from the date of that issuance).

With regard to dispositions on an application for a change of status of residence (limited to a change pertaining to item (ii), sub-item (a) or (b) or item (iii), sub-item (a) or (b) of the right-hand column under "Technical Intern Training" in Appended Table I (2) of the former Immigration Control Act) or for extension of the period of stay filed by a person residing in Japan with the status of residence and period of stay for which the provisions then in force continue to govern pursuant to the provisions of paragraph (1), the provisions then in force continue to govern.

With regard to technical intern training being conducted at the time this Act comes into effect based on a technical intern training plan accredited under Article 8, paragraph (1) of the Former Technical Intern Training Act before the effective date, the provisions then in force continue to govern.

With regard to the accreditation pertaining to an application for accreditation under Article 8, paragraph (1) of the Former Technical Intern Training Act filed before the effective date (limited to one for which the beginning of the technical intern training period under the technical intern training plan pertaining to the application falls on or before the day on which three months have elapsed counting from the effective date), and the technical intern training conducted based on a technical intern training plan that received that accreditation, the provisions then in force continue to govern.

With regard to the accreditation pertaining to an application for accreditation under Article 8, paragraph (1) of the Former Technical Intern Training Act filed by a person seeking to have a person (limited to the following persons) who has completed technical intern training for which the provisions then in force continue to govern pursuant to the provisions of the preceding two paragraphs conduct technical intern training, and the technical intern training conducted based on a technical intern training plan that received that accreditation, the provisions then in force continue to govern:

a person who has completed individual-enterprise-type technical intern training (i) prescribed in Article 2, paragraph (2), item (i) of the Former Technical Intern Training Act or supervising-organization-type technical intern training (i) prescribed in paragraph (4), item (i) of that Article;

a person who has completed individual-enterprise-type technical intern training (ii) prescribed in Article 2, paragraph (2), item (ii) of the Former Technical Intern Training Act or supervising-organization-type technical intern training (ii) prescribed in paragraph (4), item (ii) of that Article, and who is specified by order of the competent ministries as a person for whom continuing to conduct technical intern training is appropriate.

With regard to a change to a technical intern training plan pertaining to technical intern training for which the provisions then in force continue to govern pursuant to the provisions of the preceding three paragraphs, and technical intern training based on that changed technical intern training plan, the provisions then in force continue to govern.

With regard to the supervising business (meaning the supervising business prescribed in Article 2, paragraph (10) of the Former Technical Intern Training Act; the same applies hereinafter) pertaining to technical intern training for which the provisions then in force continue to govern pursuant to the provisions of the preceding Article, conducted by a person who, at the time this Act comes into effect, is a supervising organization (meaning the supervising organization prescribed in Article 2, paragraph (10) of the Former Technical Intern Training Act; the same applies in the following paragraph), the provisions then in force continue to govern.

With regard to the period of validity, the renewal of the period of validity, and permission for a change of the business category pertaining to the license to supervise (meaning the license to supervise prescribed in Article 2, paragraph (10) of the Former Technical Intern Training Act; the same applies hereinafter in this Article and Article 14 of the Supplementary Provisions) of a supervising organization that conducts the supervising business for which the provisions then in force continue to govern pursuant to the provisions of the preceding paragraph, the provisions then in force continue to govern.

With regard to the registration and license tax pertaining to permission for a change of the business category pertaining to the license to supervise for which the provisions then in force continue to govern pursuant to the provisions of the preceding paragraph, the provisions then in force continue to govern.

With regard to the application of the provisions of This Act as Amended by Act No. 60 of 2024 concerning the accreditation of an employment-for-skill-development plan (meaning the employment-for-skill-development plan prescribed in Article 8, paragraph (1) of This Act as Amended by Act No. 60 of 2024) that makes a foreign national who has a period of having conducted technical intern training (hereinafter referred to as a "former technical intern trainee" in this Article) the subject of employment for skill development (meaning the employment for skill development prescribed in Article 2, item (i) of This Act as Amended by Act No. 60 of 2024; the same applies hereinafter in this paragraph), a former technical intern trainee is deemed to be a foreign national who has ceased to be the subject of employment for skill development prescribed in Article 8-6, paragraph (1) of This Act as Amended by Act No. 60 of 2024, and the period of having conducted technical intern training is deemed to be a period of having been the subject of employment for skill development; provided, however, that this does not apply where the former technical intern trainee is one of those, among former technical intern trainees falling under any of the following items, whom order of the competent ministries specifies as persons for whom having employment for skill development conducted with that former technical intern trainee as its subject is found to be appropriate in consideration of the goals and content set forth in the previous technical intern training plan.

a person who has no period of having conducted technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions;

a person who has a period of having conducted technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions, who has departed from Japan (limited, if that person had been permitted to reenter Japan pursuant to the provisions of Article 26, paragraph (1) of the Immigration Control Act (including the case where the person is deemed to have been granted the permission under Article 26-2, paragraph (1) or Article 26-3, paragraph (1) of the Immigration Control Act), to a person whose permission ceased to be effective while the person was outside of Japan as a result of that departure), and who has no period of having conducted technical intern training after that departure.

In the case referred to in the main clause of the preceding paragraph, the provisions of Article 8-6 of This Act as Amended by Act No. 60 of 2024 do not apply to a former technical intern trainee who has a period of having conducted technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions and who does not fall under item (ii) of that paragraph.

In the case referred to in the main clause of paragraph (1) (excluding the case where the provisions of the preceding paragraph apply), with regard to the application of the provisions of Articles 8-6 and 9-3 of This Act as Amended by Act No. 60 of 2024, the phrase "implementing organization for employment for skill development that has provided employment for skill development for that foreign national (or, if that foreign national has multiple implementing organizations because that foreign national was previously the subject of the employment for skill development under the employment-for-skill-development plans accredited under paragraph (1) of the preceding Article or the preceding paragraph, that foreign national's latest implementing organization for employment for skill development)" in Article 8-6, paragraph (2), item (iii) of This Act as Amended by Act No. 60 of 2024 is deemed to be replaced with "implementing organization (meaning the implementing organization prescribed in Article 2, paragraph (6) of the Former Technical Intern Training Act) that has had that foreign national conduct technical intern training (meaning the technical intern training prescribed in Article 2, paragraph (1) of the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees prior to its amendment by the 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; referred to as the 'Amending Act' in the following item) (hereinafter referred to as the 'Former Technical Intern Training Act'); the same applies hereinafter)", the phrase "a total of the periods during which that foreign national has been the subject of employment for skill development (limited to the one in which the skills required for the duties to engage that foreign national 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)" in item (iv) of that paragraph is deemed to be replaced with "the periods during which that foreign national conducted technical intern training that are deemed to be periods during which that foreign national was the subject of employment for skill development pursuant to the main clause of Article 11, paragraph (1) of the Supplementary Provisions of the Amending Act (limited to the periods related to the skills, etc. that fall under the skills specified by order of the competent ministries set forth in Article 9-3, item (iii), (a) (meaning the skills, etc. prescribed in Article 1 of the Former Technical Intern Training Act; the same applies in (a) of that item))", the phrase "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" in the proviso to Article 9-3 of This Act as Amended by Act No. 60 of 2024 is deemed to be replaced with "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 do not fall under the skills specified by order of the competent ministries set forth in item (iii), (a)", the phrase "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)" in item (ii) of that Article is deemed to be replaced with "a maximum of three years", and the phrase "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" in (a) of item (iii) of that Article is deemed to be replaced with "are skills specified by order of the competent ministries as being closely related to the skills, etc. specified in the previous technical intern training plan (meaning the technical intern training plan prescribed in Article 8, paragraph (1) of the Former Technical Intern Training Act)".

A person who has been sentenced to a fine under the provisions of the Former Technical Intern Training Act, and for whom five years have not yet passed since the completion of the sentence or since the day on which the person ceased to be subject to the execution of the sentence, is deemed, with regard to the application of the provisions of Article 10 of This Act as Amended by Act No. 60 of 2024 (limited to the part relating to item (ii)), to be a person who has been sentenced to a fine under the provisions of This Act as Amended by Act No. 60 of 2024, and for whom five years have not yet passed since the completion of the sentence or since the day on which the person ceased to be subject to the execution of the sentence.

A person whose accreditation for technical intern training (meaning the accreditation for technical intern training prescribed in Article 2, paragraph (7) of the Former Technical Intern Training Act; the same applies hereinafter in this paragraph) has been revoked pursuant to the provisions of Article 16, paragraph (1) of the Former Technical Intern Training Act is deemed, with regard to the application of the provisions of Article 10 of This Act as Amended by Act No. 60 of 2024 (limited to the parts relating to items (vii) and (viii)), to have had their accreditation of employment for skill development (meaning the accreditation of employment for skill development prescribed in Article 11, paragraph (1) of This Act as Amended by Act No. 60 of 2024) revoked pursuant to the provisions of Article 16, paragraph (1) of This Act as Amended by Act No. 60 of 2024 on the day on which that accreditation for technical intern training was revoked.

A person who has obtained a license under Article 23, paragraph (1) of This Act as Amended by Act No. 60 of 2024 on or after the effective date is deemed to have obtained a license for the general supervising business (meaning the general supervising business prescribed in Article 23, paragraph (1), item (i) of the Former Technical Intern Training Act; the same applies hereinafter in this Article) and may conduct the general supervising business pertaining to technical intern training for which the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions. In this case, with regard to that general supervising business, the provisions then in force continue to govern, except for matters relating to the license for the general supervising business.

A person who has made a notification of discontinuation of the supervising business pursuant to the provisions of Article 34, paragraph (1) of the Former Technical Intern Training Act, or whose license to supervise has been revoked pursuant to the provisions of Article 37, paragraph (1) of the Former Technical Intern Training Act, is deemed, with regard to the application of the provisions of Article 26 of This Act as Amended by Act No. 60 of 2024 (limited to the parts relating to items (ii) and (iii) and item (v), (c) and (d)), to have made, on the day on which the person made the notification or received the disposition, a notification of discontinuation of the supervision and support business (meaning the supervision and support business prescribed in Article 23, paragraph (1) of This Act as Amended by Act No. 60 of 2024; the same applies in Article 24, paragraph (3) of the Supplementary Provisions) pursuant to the provisions of Article 34, paragraph (1) of This Act as Amended by Act No. 60 of 2024, or to have had their license revoked pursuant to the provisions of Article 37, paragraph (1) of This Act as Amended by Act No. 60 of 2024.

When the Organization for Employment for Skill Development for Foreign Nationals has succeeded to the rights and obligations of the Organization for Technical Intern Training pursuant to the provisions of paragraph (4) of the preceding Article, the amount equivalent to the amount contributed to the Organization for Technical Intern Training based on the provisions of the Former Technical Intern Training Act at the time of that succession is to be deemed to have been contributed by the contributor to the Organization for Employment for Skill Development for Foreign Nationals.

When the Organization for Employment for Skill Development for Foreign Nationals has succeeded to the rights and obligations of the Organization for Technical Intern Training pursuant to the provisions of paragraph (4) of the preceding Article, if, at the time of that succession, there is any amount that is accounted for in the Organization for Technical Intern Training as the reserve funds prescribed in Article 94, paragraph (1) of the Former Technical Intern Training Act or as the loss carried forward prescribed in paragraph (2) of that Article, the Organization for Employment for Skill Development for Foreign Nationals is to account for the amount equivalent to that amount, respectively, as the reserve funds prescribed in Article 94, paragraph (1) of This Act as Amended by Act No. 60 of 2024 or as the loss carried forward prescribed in paragraph (2) of that Article.

The fiscal year that includes the day preceding the date of dissolution of the Organization for Technical Intern Training is to end on that day.

The following operations in the fiscal year that includes the day preceding the date of dissolution of the Organization for Technical Intern Training are to be conducted by the Organization for Employment for Skill Development for Foreign Nationals:

settlement of accounts and preparation of an inventory of property, a balance sheet, and a profit and loss statement;

handling of profits and losses.

A person who, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, is a director of the Organization for Technical Intern Training is to be deemed to have been appointed, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, as a director of the Organization for Employment for Skill Development for Foreign Nationals pursuant to the provisions of Article 71, paragraph (2) of This Act as Amended by Act No. 60 of 2024.

A person who, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, is a councilor of the Organization for Technical Intern Training is to be deemed to have been appointed, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, as a councilor of the Organization for Employment for Skill Development for Foreign Nationals pursuant to the provisions of Article 84, paragraph (1) of This Act as Amended by Act No. 60 of 2024.

Notwithstanding the provisions of Article 72, paragraph (1) or Article 84, paragraph (3) of This Act as Amended by Act No. 60 of 2024, the term of office of a person appointed pursuant to the provisions of Article 66, paragraph (3) of This Act as Amended by Act No. 60 of 2024, as read as replaced pursuant to the provisions of Article 15, paragraph (2) of the Supplementary Provisions, which are to apply in the same manner pursuant to the provisions of Article 15, paragraph (1) of the Supplementary Provisions, or of a person deemed to have been appointed pursuant to the provisions of paragraph (1) or the preceding paragraph, is to be the same period as the remaining term of office as the president, inspector, director, or councilor of the Organization for Technical Intern Training at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals.

A person who, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, is an employee of the Organization for Technical Intern Training is to be deemed to have been appointed, at the time of the establishment of the Organization for Employment for Skill Development for Foreign Nationals, as an employee of the Organization for Employment for Skill Development for Foreign Nationals pursuant to the provisions of Article 79 of This Act as Amended by Act No. 60 of 2024.

In addition to the operations prescribed in Article 87 of This Act as Amended by Act No. 60 of 2024, the Organization for Employment for Skill Development for Foreign Nationals is to conduct the operations prescribed in Article 87 of the Former Technical Intern Training Act relating to technical intern training and the supervising business for which the provisions then in force continue to govern pursuant to the provisions of Article 9 and Article 10, paragraphs (1) and (2) of the Supplementary Provisions.

The operations that the Organization for Employment for Skill Development for Foreign Nationals is to conduct pursuant to the provisions of Article 15, paragraph (5) and Article 16, paragraph (4) of the Supplementary Provisions and the preceding paragraph are deemed, with regard to the application of the provisions of Article 94, paragraph (3) and Article 114 (limited to the part relating to item (iii)) of This Act as Amended by Act No. 60 of 2024, to be the operations prescribed in Article 87 of This Act as Amended by Act No. 60 of 2024.

When the Organization for Employment for Skill Development for Foreign Nationals, pursuant to the provisions of paragraph (1), conducts the operations set forth in Article 87, items (i) and (vi) of the Former Technical Intern Training Act (limited, in the case of the operations set forth in item (vi) of that Article, to the operations related to the operations set forth in item (i) of that Article) relating to technical intern training and the supervising business for which the provisions then in force continue to govern pursuant to the provisions of Article 9 and Article 10, paragraphs (1) and (2) of the Supplementary Provisions, no stamp tax is imposed on documents relating to those operations that are prepared by the Organization for Employment for Skill Development for Foreign Nationals.

The provisions of Article 4, paragraph (6) of the Stamp Tax Act apply mutatis mutandis to documents prescribed in the preceding paragraph that are jointly prepared by the Organization for Employment for Skill Development for Foreign Nationals and another person (excluding the State, etc. prescribed in that paragraph).

With regard to a person who, at the time this Act comes into effect, is using the words "Gaikokujin Ikusei Shuro Kiko" (meaning "Organization for Employment for Skill Development for Foreign Nationals") in its name, the provisions of Article 61, paragraph (2) of This Act as Amended by Act No. 60 of 2024 do not apply for six months after this Act comes into effect.

Notwithstanding the provisions of Article 91 of This Act as Amended by Act No. 60 of 2024, the first fiscal year of the Organization for Employment for Skill Development for Foreign Nationals is to begin on the day of its establishment and end on the first March 31 thereafter.

With regard to the budget and business plan prescribed in Article 92, paragraph (1) of This Act as Amended by Act No. 60 of 2024 for the first fiscal year of the Organization for Employment for Skill Development for Foreign Nationals, the phrase "prior to the commencement of that fiscal year" in that paragraph is deemed to be replaced with "without delay after the establishment of the ESDO".

With regard to the application of penal provisions to acts committed before the effective date and to acts committed after this Act comes into effect in cases where the provisions then in force continue to govern pursuant to the provisions of Articles 8 through 10 and Article 13 of the Supplementary Provisions, the provisions then in force continue to govern.

In operating the system pertaining to the employment-for-skill-development status of residence in the table of Appended Table I (2) of the new Immigration Control Act (referred to as the "employment-for-skill-development system" in Article 26, paragraph (1) of the Supplementary Provisions), the government is to take the measures necessary to prevent skill development employees (meaning the skill development employees set forth in Article 2, item (iv) of This Act as Amended by Act No. 60 of 2024; the same applies in the following paragraph) from working in an excessively concentrated manner in metropolitan areas or other specific areas as a result of, for example, flowing out from rural areas to metropolitan areas, so that the personnel needed in areas where personnel are in short supply are secured, thereby contributing to the revitalization of regional economies.

No English for the wording before the change.

The government is to take necessary measures such as strengthening cooperation among supervising and support organizations, implementing organizations for employment for skill development, the Organization for Employment for Skill Development for Foreign Nationals, public employment security offices, etc., so that supervising and support organizations (meaning the supervising and support organizations set forth in Article 2, item (xi) of This Act as Amended by Act No. 60 of 2024; the same applies hereinafter in this Article and Article 26, paragraph (1) of the Supplementary Provisions) and implementing organizations for employment for skill development (meaning the implementing organizations for employment for skill development set forth in Article 2, item (vii) of This Act as Amended by Act No. 60 of 2024; the same applies hereinafter in this paragraph) can appropriately and smoothly carry out affairs relating to the change of the implementing organization for employment for skill development for skill development employees and to supervising-organization-type employment for skill development through worker dispatch, etc. (meaning the supervising-organization-type employment for skill development through worker dispatch, etc. prescribed in Article 8, paragraph (2) of This Act as Amended by Act No. 60 of 2024), while giving full consideration to the human rights and working environment of skill development employees.

The government is to take the measures necessary to confirm that a system is sufficiently secured under which supervising and support organizations can conduct the supervision and support business from an independent and neutral standpoint, independent of organizations implementing supervising-organization-type employment for skill development (meaning the organizations implementing supervising-organization-type employment for skill development set forth in Article 2, item (ix) of This Act as Amended by Act No. 60 of 2024).

With three years after this Act comes into effect as the target, the government is to verify the status of operation of the employment-for-skill-development system, including the status of the business activities of sending organizations in foreign countries (meaning the sending organizations set forth in Article 9, paragraph (1), item (xi) of This Act as Amended by Act No. 60 of 2024) and supervising and support organizations, to review the state of the employment-for-skill-development system in light of the results of that verification, etc., and to take the necessary measures.

In addition to the matters provided for in the preceding paragraph, with five years after this Act comes into effect as the target, the government is to take into account the status of enforcement of each of the laws as amended by this Act and, if it finds it necessary, review the provisions of each of the laws as amended by this Act and take the necessary measures based on the results.