Article 12Accreditation by the OTIT
第十二条(機構による認定の実施)
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)) (hereinafter referred to as "administrative affairs for accreditation") to the Organization for Technical Intern Training (hereinafter referred to as "the OTIT" in this Chapter).
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare entrust all or a part of the administrative affairs for accreditation to the OTIT pursuant to the provisions of the preceding paragraph, that Commissioner or Minister is not to perform the relevant administrative affairs for accreditation that they entrusted in whole or in a part.
If the OTIT performs all or a part of the administrative affairs for accreditation, for the provisions of Article 8 through the preceding Article to be applied, the term "Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare" in Article 8, paragraph (1), Article 9, and paragraph (1) of the preceding Article is to be replaced with "the OTIT".
If the OTIT has issued accreditation as provided for in Article 8, paragraph (1), it must report to that effect to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have entrusted all or a part of the administrative affairs of accreditation to the OTIT pursuant to the provisions of paragraph (1), the applicant must pay the fee prescribed in Article 8, paragraph (5) (including as applied mutatis mutandis pursuant to paragraph (2) of the preceding Article) to the OTIT.
Any fees paid to the OTIT pursuant to the provisions of the preceding paragraph are considered as revenue of the OTIT.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have entrusted all or a part of the administrative affairs of accreditation to the OTIT pursuant to the provisions of paragraph (1), or if they are to cease entrusting all or a part of the administrative affairs of accreditation that had been entrusted to the OTIT, they must give public notice to that effect.
Article 13Collection of Reports
第十三条(報告徴収等)
The competent ministers may order a current or former implementing organization (hereinafter referred to as "implementing organization, etc." in this paragraph and in paragraph (1) of the following Article), a current or former supervising organization (hereinafter referred to as "supervising organization, etc." in this paragraph, paragraph (1) of the following Article, and Article 35, paragraph (1)), or a current officer or employee of an implementing organization, etc., or supervising organization, etc. (hereinafter referred to as "employee or officer" in this paragraph), or a former employee or officer (hereinafter referred to as "employee or officer, etc." in this paragraph and in paragraph (1) of the following Article) to make a report or submit or present books and documents, request the appearance of the implementing organization, etc., or employee or officer, etc., or have officials of the competent ministries ask questions to relevant persons, or enter the premises of the places of business of the implementing organization, etc., or the supervising organization, etc., or other sites related to the technical intern training to inspect their facilities, books, documents, or other items within the extent necessary to enforce the provisions of this Chapter (excluding the following section).
主務大臣は、この章(次節を除く。)の規定を施行するために必要な限度において、実習実施者若しくは実習実施者であった者(以下この項及び次条第一項において「実習実施者等」という。)、監理団体若しくは監理団体であった者(以下この項、次条第一項及び第三十五条第一項において「監理団体等」という。)若しくは実習実施者等若しくは監理団体等の役員若しくは職員(以下この項において「役職員」という。)若しくは役職員であった者(以下この項及び次条第一項において「役職員等」という。)に対し、報告若しくは帳簿書類の提出若しくは提示を命じ、若しくは実習実施者等若しくは役職員等に対し出頭を求め、又は当該主務大臣の職員に関係者に対して質問させ、若しくは実習実施者等若しくは監理団体等に係る事業所その他技能実習に関係のある場所に立ち入り、その設備若しくは帳簿書類その他の物件を検査させることができる。
In cases of the questioning or on-site inspection under the provisions of the preceding paragraph, the official of the competent ministry must carry an identification card showing their official status and present it to the relevant person upon request.
The authority under the provisions of paragraph (1) must not be construed as authorization for the purpose of a criminal investigation.
第一項の規定による権限は、犯罪捜査のために認められたものと解釈してはならない。
Article 14Implementation of Administration Affairs by the OTIT
第十四条(機構による事務の実施)
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have entrusted all or part of the administrative affairs of accreditation to the OTIT pursuant to the provisions of Article 12, paragraph (1), they may have the OTIT perform the following administrative affairs to the extent necessary to enforce the provisions of this Section:
administrative affairs requesting the implementing organization, etc., supervising organization, etc., or employee or officer, etc., to make the necessary reports or submit or present the necessary books and documents; and
administrative affairs relating to the questioning of relevant persons or on-site inspections of the equipment, books, documents and other items of an implementing organization, etc., or supervising organization, etc. by the OTIT's staff.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have the OTIT request the relevant person to make a report or submit or to present books and documents, or have it conduct the questioning or on-site inspection pursuant to the provisions of the preceding paragraph, they are to indicate the necessary matters to the OTIT and instruct it to carry them out.
If the OTIT requests the relevant person to make a report or submit or present books and documents or conducts the questioning or inspection as prescribed in the provisions of paragraph (1) in accordance with the instructions set forth under the preceding paragraph, it must report the results thereof to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.
Article 15Orders for Improvement
第十五条(改善命令等)
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that an implementing organization has not conducted technical intern training in accordance with the accredited plan, or an implementing organization is in violation of the provisions of this Act, the provisions of other law related to immigration or labor, or any order based these provisions; and it is necessary in order to ensure the proper implementation of technical intern training, the Commissioner and Minister may order the implementing organization to take necessary measures to improve the situation by a set deadline.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have issued an order pursuant to the provisions of the preceding paragraph, they must give public notice to that effect.
出入国在留管理庁長官及び厚生労働大臣は、前項の規定による命令をした場合には、その旨を公示しなければならない。
Article 16Revocation of Accreditation
第十六条(認定の取消し等)
The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may revoke the accreditation of training in cases coming under any of the following items:
出入国在留管理庁長官及び厚生労働大臣は、次の各号のいずれかに該当するときは、実習認定を取り消すことができる。
the Commissioner and Minister find that the implementing organization has not conducted the technical intern training in accordance with the accredited plan;
the Commissioner and Minister find that the accredited plan does not conform to one of the items of Article 9;
the implementing organization has come to fall under one of the items of Article 10;
the implementing organization has omitted giving a report or submitting or presenting books or documents under Article 13, paragraph (1), has given a false report or submitted or presented false books or documents, or has not given an answer or has given a false answer to questions under the same paragraph, or refused, interfered with or evaded an inspection under the same paragraph;
the implementing organization has made a false report or submitted or presented false books or documents in response to a request from the OTIT to make the report or submit or present books and documents pursuant to the provisions of Article 14, paragraph (1), or has given a false answer to questions asked by the OTIT's staff pursuant to the provisions of the same paragraph;
the implementing organization has violated the order prescribed under the provisions of paragraph (1) of the preceding Article; or
前条第一項の規定による命令に違反したとき。
the implementing organization has committed a wrongful or significantly unjust act with regard to laws or regulations related to immigration or labor.
出入国又は労働に関する法令に関し不正又は著しく不当な行為をしたとき。
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have revoked the accreditation of training pursuant to the provisions of the preceding paragraph, they must give public notice to that effect.
Article 17Notification of Implementation
第十七条(実施の届出)
If an implementing organization has commenced technical intern training, it must notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare of the date of the commencement of training and other matters as provided for by order of the competent ministry without delay.
Article 18Acceptance of Notification by the OTIT
第十八条(機構による届出の受理)
The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may entrust the OTIT with administrative affairs relating to the acceptance of the notification under the preceding Article.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare has entrusted the OTIT with the administrative affairs relating to acceptance of the notification pursuant to the provisions of the preceding paragraph, the person who intends to make the notification under the preceding Article must do so to the OTIT, notwithstanding the provisions of that Article.
If the OTIT has accepted the notification under the preceding paragraph, it must report to that effect to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare are to entrust the OTIT with administrative affairs relating to the acceptance of notification pursuant to the provisions of paragraph (1), or are to cease entrusting the OTIT with the administrative affairs relating to the acceptance of notification, the competent ministers must give public notice to that effect.
Article 19Giving Notification of Difficulty in Conducting Technical Intern Training
第十九条(技能実習を行わせることが困難となった場合の届出等)
If it has become difficult for an organization implementing individual-enterprise-type technical intern training to conduct that training, it must notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay of the names of its individual-enterprise-type technical intern trainees for whom it has become difficult to conduct that training, the measures to be taken to ensure the continuation of their training, and other matters as provided for by Order of the competent ministries.
企業単独型実習実施者は、企業単独型技能実習を行わせることが困難となったときは、遅滞なく、企業単独型技能実習を行わせることが困難となった企業単独型技能実習生の氏名、その企業単独型技能実習生の企業単独型技能実習の継続のための措置その他の主務省令で定める事項を出入国在留管理庁長官及び厚生労働大臣に届け出なければならない。
If it has become difficult for an organization implementing supervising-organization-type technical intern training to conduct that training, it must notify the supervising organization without delay of the names of its supervising-organization-type technical intern trainees for whom it has become difficult to conduct that training, the measures to be taken to ensure the continuation of their training, and other matters as provided for by Order of the competent ministry.
団体監理型実習実施者は、団体監理型技能実習を行わせることが困難となったときは、遅滞なく、団体監理型技能実習を行わせることが困難となった団体監理型技能実習生の氏名、その団体監理型技能実習生の団体監理型技能実習の継続のための措置その他の主務省令で定める事項を実習監理を受ける監理団体に通知しなければならない。
The provisions of the preceding Article apply mutatis mutandis to administrative affairs for the acceptance of notifications under paragraph (1).
第二十条(帳簿の備付け)
Implementing organizations must prepare books and documents as provided for by Order of the competent ministries in connection with technical intern training, and keep them at the place of business where the technical intern training is being conducted.
Article 21Reporting on the Status of Implementation
第二十一条(実施状況報告)
If an implementing organization has conducted technical intern training, it must prepare and submit a report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare on the status of implementation of that training, pursuant to the provisions of Orders of the competent ministry.
The provisions of Article 18 apply mutatis mutandis to administrative affairs relating to acceptance of the report under the preceding paragraph.
Article 22Delegation to Orders of Competent Ministries
第二十二条(主務省令への委任)
Beyond what is provided for in this Section, the necessary matters relating to the implementation of procedures for accreditation of technical intern training plans and other provisions of this Section are provided for by Order of the competent ministry.