Section 5 Operations
第五節 業務
第八十七条(業務の範囲)
The OTIT conducts the following operations in order to achieve the purposes specified in Article 57:
the following operations conducted in relation to the technical intern training:
技能実習に関し行う次に掲げる業務
perform the administrative affairs for accreditation pursuant to the provisions of Article 12, paragraph (1);
request reports or submission or presentation of books and documents pursuant to the provisions of Article 14, paragraph (1), or have its employee ask a question or conduct an inspection;
第十四条第一項の規定により報告若しくは帳簿書類の提出若しくは提示を求め、又はその職員をして、質問させ、若しくは検査させること。
accept notifications, reports, audit reports or business reports pursuant to the provisions of Article 18, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of Article 19, paragraph (3), Article 21, paragraph (2), Article 27, paragraph (3), Article 32, paragraph (7), Article 33, paragraph (2), Article 34, paragraph (2), and Article 42, paragraph (3));
conduct investigations into the facts pursuant to the provisions of Article 24, paragraph (1) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2));
accept written applications pursuant to the provisions of Article 24, paragraph (3) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)); and
perform the administrative affairs for issuing or reissuing the certificates pursuant to the provisions of Article 29, paragraph (4) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraphs (2) and (7));
the administrative affairs to provide a technical intern trainee with the necessary information, advice and other assistance in response to a consultation from the technical intern trainee in order to ensure the proper implementation of technical intern training and protection of technical intern trainees (excluding administrative affairs falling under the following item);
the operations to provide the necessary information, advice and other assistance to a technical intern trainee who faces difficulty in engaging in technical intern training and wish to continue receiving the technical intern training, in response to a consultation from the technical intern trainee, and to provide the necessary guidance and advice to implementing organizations, supervising organizations and other relevant persons, so that the relevant technical intern trainee can continue receiving it;
the operations to conduct studies and research relating to technical intern training;
技能実習に関し、調査及び研究を行う業務
other operations relating to the proper implementation of technical intern training and protection of the technical intern trainees;
the operations to collect fees for the operations provided for in each of the preceding items (including operations incidental thereto, but excluding the operations provided for in order of the competent ministry); and
the operations incidental to each of the preceding items.
前各号に掲げる業務に附帯する業務
Article 88Entrustment of Operations
第八十八条(業務の委託)
The OTIT may entrust part of the operations set forth in the preceding Article (excluding the operations set forth in item (i) of the same Article, and operations incidental thereto) 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.
Article 89Statement of Operation Procedures
第八十九条(業務方法書)
When the OTIT commences its operations, it must prepare a statement of operation procedures and obtain the authorization of the competent minister. The same applies if the OTIT intends to modify that statement of operation procedures.
The statement of operation procedures set forth under the preceding paragraph must include the matters prescribed by order of the competent ministry.
Article 90Request for Delivery of Materials
第九十条(資料の交付の要請等)
If the OTIT 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 OTIT or make them available for viewing by the OTIT.
国又は地方公共団体は、機構がその業務を行うため特に必要があると認めて要請をしたときは、機構に対し、必要な資料を交付し、又はこれを閲覧させることができる。
If the OTIT 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.
機構は、その業務を行うため必要があると認めるときは、国の行政機関の長及び地方公共団体の長その他の執行機関に対して、資料の提供、意見の表明、説明その他必要な協力を求めることができる。
Section 6 Finance and Accounting
第六節 財務及び会計
第九十一条(事業年度)
Article 92Authorization of Budgets
第九十二条(予算等の認可)
The OTIT 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 OTIT 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.
Article 93Financial Statements, Etc.
第九十三条(財務諸表等)
The OTIT 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 OTIT 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 report of its accounts.
If the OTIT 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, report 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 prescribed by 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 specified by 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 OTIT 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 specified by 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).
Article 94Handling of Profits and Losses
第九十四条(利益及び損失の処理)
If a profit arises in the calculation of profits and losses for a fiscal year, the OTIT 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.
機構は、毎事業年度、損益計算において利益を生じたときは、前事業年度から繰り越した損失を埋め、なお残余があるときは、その残余の額は、積立金として整理しなければならない。
If a loss is incurred based on the calculation of profits and losses for a fiscal year, the OTIT 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 OTIT must account for the amount of deficit as a loss carried forward.
The OTIT 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.
第九十五条(借入金)
The OTIT 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。
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.
第九十六条(交付金)
Article 97Investment of Surplus Funds
第九十七条(余裕金の運用)
The OTIT 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。
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
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
other means prescribed by Order of the competent ministry.
その他主務省令で定める方法
Article 98Delegation to Order of the Competent Ministry
第九十八条(主務省令への委任)
Beyond what is provided for in this Act, the necessary maters for the enforcement of the provisions of this Section are provided for by 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
第九十九条(監督)
The OTIT is supervised by the competent minister.
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 OTIT's operations.
Article 100Reports and Inspections
第百条(報告及び検査)
If the competent minister finds it necessary for the enforcement of this Act, they may order the OTIT to submit a report on its operations, or may have officials enter the OTIT's offices to inspect the OTIT'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.
Section 8 Auxiliary Provisions
第八節 補則
Changes to the OTIT's articles of incorporation do not come into effect without the authorization of the competent ministers.
第百二条(解散)
If the OTIT is dissolved and there are residual assets even after it has paid its debts, the OTIT must distribute them to each contributor in amounts proportionate to the amount of each capital contribution.
機構は、解散した場合において、その債務を弁済してなお残余財産があるときは、これを各出資者に対し、その出資額を限度として分配するものとする。
Beyond what is provided for in the preceding paragraph, matters concerning the dissolution of the OTIT are provided for separately by law.