1MEMORANDUM OF COOPERATIONONTHE TECHNICAL INTERN TRAINING PROGRAM
BETWEEN
THE MINISTRY OF JUSTICE, THE MINISTRY OF FOREIGN AFFAIRS AND
THE MINISTRY OF HEALTH, LABOR AND WELFARE OF JAPANANDTHE DEPARTMENT OF LABOR AND EMPLOYMENT OF THE REPUBLIC OF
THE PHILIPPINES
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Health,
Labor and Welfare of Japan (hereinafter referred to as "the Ministry of Japan") and the
Department of Labor and Employment of the Republic of the Philippines (hereinafter
referred to as "the Department of the Philippines") shared the view that the purpose of
the Technical Intern Training Program is to transfer technical skills, techniques and
knowledge (hereinafter referred to as "technical skills, etc.") to the Philippines, to
contribute to the human resource development by which the development of the
economy of the Philippines would be led and thus to promote international cooperation.
Based on this view, the Ministry of Japan and the Department of the Philippines have
decided as follows in order to adequately advance the Technical Intern Training
Program:
(Purpose)
1 The purpose of this Memorandum is to transfer technical skills, etc. from Japan
to the Philippines appropriately and smoothly through the Technical Intern Training
Program by setting out the commitments between the Ministry of Japan and the
Department of the Philippines to send and accept technical intern trainees and thus to
promote international cooperation.
(Commitments of the Ministry of Japan)
2 The Ministry of Japan, in cooperation with the Embassy of Japan in the
Philippines, if considered appropriate, will carry out the following commitments related
to the acceptance of technical intern trainees from the Philippines in accordance with
the relevant laws and regulations of Japan:
(1) When the Ministry of Japan receives the information from the Department of the
Philippines on a sending organization that intends to send technical intern trainees to
Japan (hereinafter referred to as "Sending Organization") and has been approved by
the Department of the Philippines to meet Sending Organization’s Approving2Standards described in Attachment 1 (hereinafter respectively referred to as
"Approved Sending Organization" and "Approving Standards"), to make such
information publicly available in Japan;
(2) To accept only those technical intern trainees of the Philippines who are sent by
Approved Sending Organizations after the commencement of cooperation under this
Memorandum. However, the Ministry of Japan may not accept a technical intern
trainee of the Philippines in case that a technical intern training plan related to the
technical intern trainee is not approved and so forth, even if they are sent from
Approved Sending Organizations;
(3) To substitute an approval to a Sending Organization by the Department of the
Philippines for the letter of recommendation for the Sending Organization by a
public authority of the Philippines after the commencement of cooperation under
this Memorandum;
(4) To make the letter of recommendation on those technical intern trainees who are
sent by Approved Sending Organizations unnecessary provided that the Department
of the Philippines issues the certificate described in Attachment 3 to the Ministry of
Japan after the commencement of cooperation under this Memorandum;
(5) When the Ministry of Japan receives from the Department of the Philippines the
information on the revocation of approval of Approved Sending Organizations, to
make such information publicly available in Japan;
(6) In accordance with the license standards for supervising organizations described in
Attachment 4 and with the accreditation standards for technical intern training plans
described in Attachment 5, to conduct business relating to the license and the
accreditation in an appropriate manner;
(7) To carry out appropriate measures including revocation of license when a
supervising organization commits an act which falls under any of the items
described in Attachment 6;
(8) To carry out appropriate measures including revocation of accreditation of a
technical intern training plan when a case which falls under any of the items
described in Attachment 7 arises;
(9) To require submissions of necessary documents regarding the Standard of Treatment
of Technical Intern Trainees described in Attachment 8 and to carry out appropriate
measures including revocation of the accreditation of the technical intern training
plan in the event that the actual treatment is found to differ from the contents stated
in the submitted documents;
(10) When the Ministry of Japan carries out administrative measures against a
supervising organization by revoking the license or issuing an order for suspension3of operation and issuing an order for improvement in accordance with the Act on
Proper Technical Intern Training and Protection of Technical Intern Trainees
(hereinafter referred to as "the Act"),or administrative measures against an
implementing organization by revoking an accreditation of technical intern training
plan or issuing an order for improvement in accordance with the Act, to notify the
results to the Department of the Philippines; and
(11) To provide necessary information when the Ministry of Japan received inquiries
from the Department of the Philippines pertaining to the issues such as status of
implementation of the Technical Intern Training Program, any revisions of the
Program, or any additions of the occupations covered by the Program.
(Commitments of the Department of the Philippines)
3 The Department of the Philippines, in accordance with the relevant laws and
regulations of the Philippines, will carry out the following commitments with regard to
sending technical intern trainees:
(1) To ensure that the recommendation, which is made by a public authority on a
Sending Organization that is considered to have the ability to properly coordinate
the applications of the technical intern trainees for the supervising-organization-type
of the Technical Intern Training Program to supervising organizations in Japan (the
recommendation stipulated in paragraph 1, Article 25 of the Ordinance for
Enforcement of the Act), may not be made by any public authorities other than the
Department of the Philippines;
(2) To examine whether or not Sending Organizations meet the Approving Standards
and to give approvals when Sending Organizations are considered to meet
Approving Standards;
(3) To make the names and other information of Approved Sending Organizations in the
Philippines publicly available when the approvals set out in the previous paragraph
are given. To provide the Ministry of Japan with the information on Approved
Sending Organizations in the form specified in Attachment 2;
(4) When the Department of the Philippines is informed by the Ministry of Japan that
an Approved Sending Organization seems to have exercised activities inconsistent
with Approving Standards or other improper activities, to conduct investigations
over the Approved Sending Organization in question, to provide necessary guidance
and supervision, and then to report the results to the Ministry of Japan;
(5) To provide guidance to Approved Sending Organizations in the Philippines in order
to select and send technical intern trainees in an appropriate manner, to revoke an
approval when the Department of the Philippines considers that an Approved4Sending Organization no longer meets Approving Standards, and to notify the
results to the Ministry of Japan;
(6) To cooperate on follow-up surveys conducted by the Ministry of Japan concerning
the situation of utilization of acquired technical skills, etc. after the technical intern
trainees return to the Philippines, by, in particular, providing guidance to Approved
Sending Organizations in order to obtain accurate feedbacks as many as possible
from those former technical intern trainees; and
(7) To provide the Ministry of Japan with information required, when the Department of
the Philippines receives inquiries from the Ministry of Japan pertaining to guidance
and supervision records exercised over Approved Sending Organizations, records
related to approval of Sending Organizations, matters related to the types of job
categories in demand for technical transfer in the Philippines and so forth.
(Designation of Contact Points)
4 Both of the Ministry of Japan and the Department of the Philippines will
designate respectively the following contact points related to communications and
coordination between both countries in order to effectively implement the activities
under this Memorandum.
(1) For Japan, the International Affairs Department of Organization for Technical Intern
Training. For modification and supplementation of this Memorandum and desire to
terminate the cooperation under this Memorandum, the Entry and Status Division of
the Immigration Bureau, the Ministry of Justice and the Office of Counselor for
Overseas Human Resources Development, the Ministry of Health, Labor and
Welfare.
(2) For the Philippines, the Philippine Overseas Employment Administration for
processing and accreditation concerns. For concerns on reintegration of returning
technical intern trainees, the National Reintegration Center for Overseas Filipino
Workers under the Overseas Workers’ Welfare Administration. The Department of
the Philippines may delegate a part of the work related to this Memorandum to the
Philippine Overseas Labor Office in Japan.
(Settlement of Issues)
5 The Ministry of Japan and the Department of the Philippines will consult with
respect to the implementation of activities under this Memorandum or issues arising in
relation to the implementation, including occurrences of technical intern trainees’
disappearances and deportations of illegally staying technical intern trainees, and will
settle such issues amicably and in close cooperation, through diplomatic channels as5deemed appropriate, with each country’s relevant ministries and agencies.
(Implementation within the scope of laws and regulations)
6 Cooperation under this Memorandum will be conducted within the scope of the
laws and regulations in force in each country. Either of the Ministry of Japan or the
Department of the Philippines will not disclose confidential information obtained from
the other Ministry or Department through cooperation and exchange of information
within the framework of this Memorandum without the written consent from the other
Ministry or Department.
(Sharing information/Consultation)
7 The Ministry of Japan and the Department of the Philippines will hold a
periodic meeting and share information for cooperation on Technical Intern Training
Program under this Memorandum. The Ministry of Japan and the Department of the
Philippines will consult from time to time, as necessary. The Ministry of Japan and the
Department of the Philippines will consult through diplomatic channels as deemed
appropriate.
Organization for Technical Intern Training and the Embassy of the Republic of
the Philippines in Japan will communicate concerning implementation of the Technical
Intern Training Program.
(Others)
8 This Memorandum of Cooperation was signed in Tokyo, Japan, on the 21stofNovember in 2017. The cooperation under this Memorandum will commence on the21stof November, 2017. With the commencement of the cooperation under this
Memorandum, cooperation between the Ministry of Japan and the Department of the
Philippines on the Technical Intern Training Program will be conducted under this
Memorandum.
The cooperation under this Memorandum will continue for a period of five
years from the 21st
of November, 2017 and will be extended automatically for additional
five years unless there is a written notice by either of the Ministry of Japan or the
Department of the Philippines not to desire to extend it sixty days in advance of the
termination date. In case that either of the Ministry of Japan or the Department of the
Philippines wishes to terminate the cooperation based on this Memorandum before the
end of the five-year period mentioned above, the cooperation may be terminated by a
written notice to the other Ministry or Department indicating such intent, not later than
ninety days before the desired termination date.6The contents of this Memorandum will be modified or supplemented as
necessary with written consent from both of the Ministry of Japan and the Department
of the Philippines.
This Memorandum is made in English.
For the Ministry of Justice of Japan For the Department of Labor and
Employment of the Republic of the
Philippines
For the Ministry of Foreign Affairs of
Japan
For the Ministry of Health, Labor and
Welfare of Japan7Attachment 1
Approving Standards for Sending Organizations
1 A Sending Organization must meet all of the following standards.
(1) To appropriately select and send to Japan only those who are motivated to engage
in technical intern training with the understanding of the objectives of the Technical
Intern Training Program and contribute to the economic development of the
Philippines by making use of the achievement through the technical intern training
after returning to the Philippines.
(2) To clearly specify the calculating criteria of commissions and any other fees to be
collected from ‘technical intern trainees and/or technical intern trainee candidates’
(hereinafter referred to as "trainees and candidates") and make the criteria publicly
available, and to explain the detail of such commissions and other fees to trainees
and candidates in order to obtain their understanding sufficiently.
(3) To provide the technical intern trainees who returned to the Philippines after
completing the technical intern training with necessary support, such as finding
occupations in order for them to appropriately utilize the acquired technical skills,etc.(4) With respect to the appropriate implementation of the Technical Intern Training
Program as well as the protection of technical intern trainees, to respond the
requests from the Minister of Justice of Japan, the Minister of Health, Labor and
Welfare of Japan or the Organization for Technical Intern Training. Such requests
include cooperation on follow-up surveys on the technical intern trainees who
returned to the Philippines after completing the technical intern training.
(5) As for the Sending Organization and its board members, if they had been sentenced
to imprisonment or more severe penalty in Japan or in the Philippines, at least five
years have elapsed after the penalty had been completed or the penalty has been
exempted from the execution.
(6) To carry out any projects in accordance with the laws and regulations of the
Philippines.
(7) As for the Sending Organization and its board members, to have never conducted
any of the following acts within the preceding five years:
(a) Managing money or other properties of trainees and candidates, their relatives8or other persons concerned, whether by collecting deposits or any other means,
in connection with technical intern training;
(b) Concluding any contracts that impose monetary penalties or that expect undue
transfer of money or other properties, for the violation of the contracts in
relation to technical intern training;
(c) Human rights infringements against trainees and candidates such as assaults,
intimidations, and restrictions of freedom; and
(d) With regards to the procedures of the Technical Intern Training Program as
well as the immigration program in Japan, to use or provide forged, altered or
false documents, pictures or drawings with the intention of obtaining
permissions fraudulently.
(8) In coordinating applications for technical intern training to Japanese supervising
organizations, to confirm with technical intern trainee candidates that trainees and
candidates, their relatives or other persons concerned have never been involved in
the acts set out in (a) and (b) of paragraph (7).
(9) Acknowledging the importance of addressing disappearance of technical intern
trainees, to cooperate with Japanese supervising organizations and to make efforts
to prevent technical intern trainees from disappearing; and
(10) To have other necessary capacities to appropriately coordinate applications for
technical intern training to supervising organizations in Japan.
2 In terms of approving Sending Organization in the Philippines, the Department
of the Philippines will commence the procedure from 21st
November 2017 and provide
a full list of Approved Sending Organizations for the Ministry of Japan by 1st
April 2018.
The Ministry of Japan will accept only those trainees who are sent by Philippine
Approved Sending Organizations on the list from 1st
September 2018.9Attachment 2
Date: Outline of Approved Sending Organization
Name of Organization:
Name of Representative:
Address:

TEL: FAX:
Email: URL:Date of establishment :
Date of approval (Duration) : (Valid
until : )
Type of industry and main business:
Capital:
Yearly sales figure (the most recent year):
Number of full-time employees (the number of employees involved in sending
work): ( )
Name of person in charge of training:
(position)
(Address) (TEL) (FAX)
(Email)
Contact point in Japan
(Name)
:
(Name of representative (In the case of a company/organization))
:
(Address) (TEL) (FAX)
(Email)10Attachment 3
Certificate
Department of Labor and Employment of the Philippines (hereinafter referred to as "the
Department") hereby recognizes that the technical intern trainees who are sent to Japan
by sending organizations approved by the Department are appropriate to engage in
technical intern training (other than those the Department recognizes inappropriate and
so notifies the Japanese contact point designated in (1) of 4 of the Memorandum of
Cooperation on the Technical Intern Training Program by a separate notification).
Department of Labor and Employment
The Republic of the Philippines11Attachment 4
Criteria for the License of Supervising Organizations
Pursuant to the provisions provided for in Article 25 of the Act on Proper Technical
Intern Training and Protection of Technical Intern Trainees, an organization must
conform to all of the following items in order to obtain the license of supervising
organization:
(1) To be a Japanese nonprofit juridical person as provided for in Article 29 of the
Ordinance for Enforcement of the Act on Proper Technical Intern Training and
Protection of Technical Intern Trainees (hereinafter referred to as "the Ordinance");
(2) To have sufficient capability to conduct the supervision business appropriately in
accordance with the criteria as provided for in Article 52 of the Ordinance;
(3) To possess a sufficient financial basis to soundly conduct the supervision business;
(4) To have taken the necessary measures to properly manage personal information
(information about an individual which can identify the specific individual) and to
maintain the confidentiality of the implementing organization of the
supervising-organization-type technical intern training, etc. and the
supervising-organization-type technical intern trainees, etc.;
(5) To have taken any of the following measures for the purpose of appropriate
management of the supervision business;
(a) Not to compose its officers entirely of persons with a close relationship with
the implementing organization of supervising-organization-type technical
intern training as provided for in Article 30 of the Ordinance, and to make the
composition of the other officers not likely to impede the securing of
appropriate operation of the supervision business;
(b) In addition to auditing by inspectors and persons responsible for auditing the
business of the juridical person, to have an audit by a person, who satisfies the
requirements as provided for in Article 30 of the Ordinance and does not have a
close relationship with the implementing organization of
supervising-organization-type technical intern training as provided for in
Article 30 of the Ordinance, which audit the performance of duties pertaining
to the supervision business by the officers, pursuant to Article 30 of the
Ordinance;12(6) In cases where it intends to receive job applications for
supervising-organization-type technical intern training from a person applying to
become a supervising-organization-type technical intern trainee through the
mediation of a sending organization in the Philippines, to have a contract with the
sending organization in the Philippines pertaining to such mediation; and
(7) In cases where the application for the license set forth under paragraph (1), Article
23 of the Act concerns general supervision business, to conform to the criteria
provided for by the Ordinance as meeting the high standard of capability to conduct
an audit of the status of implementation of supervising-organization-type technical
intern training and to perform other work.
(8) In addition to the matters provided for in the items (1) to (7) above, to possess the
capability to enable it to perform the supervision business appropriately.13Attachment 5
Criteria for Accreditation of the Technical Intern Training Plan
Pursuant to the provisions provided for in Article 9 of the Act on Proper Technical
Intern Training and Protection of Technical Intern Trainees (hereinafter referred to as
"the Act"), a technical intern training plan must conform to all of the following items in
order to have it accredited:
(1) The skills to be acquired, etc., shall be the ones that would be difficult to acquire in
the technical intern trainee’s home country.
(2) The goal and content of the technical intern training shall conform to the criteria
provided for in Article 10 of the Ordinance for Enforcement of the Act (hereinafter
referred to as "the Ordinance") in accordance with the category of technical intern
training;
(3) The period of the technical intern training shall be a maximum of one year in cases
of individual-enterprise-type technical intern training (i) or
supervising-organization-type technical intern training (i), or a maximum of two
years in cases of individual-enterprise-type technical intern training (ii),
individual-enterprise-type technical intern training (iii), supervising
organization-type technical intern training (ii) or supervising-organization-type
technical intern training (iii);
(4) The goal has been achieved about the passing of the trade skills test or technical
intern training evaluation examination as prescribed in the technical intern training
plan for individual-enterprise-type technical intern training (i) or
supervising-organization-type technical intern training (i) pertaining to the skills,
etc. in each respective technical intern training plan in cases of
individual-enterprise-type technical intern training (ii) or
supervising-organization-type technical intern training (ii) or the technical intern
training plan for individual-enterprise-type technical intern training (ii) or
supervising-organization-type technical intern training (ii) pertaining to the skills,
etc. in each respective technical intern training plan in cases of
individual-enterprise-type technical intern training (iii) or
supervising-organization-type technical intern training (iii);
(5) The evaluation of the skills, etc. which the technical intern trainee has acquired, etc.
shall be conducted through a trade skills test or technical intern training evaluation14examination as provided for in Article 11 of the Ordinance before the completion of
the technical intern training;
(6) The structure and the equipment of the place of business based on which the
technical intern training is to be conducted shall conform to the criteria provided for
in Article 12 of the Ordinance;
(7) A person has been appointed at each place of business as provided for in Article 13
of the Ordinance, responsible for implementation of the technical intern training;
(8) In cases of supervising-organization-type technical intern training, the applicant
shall be subject to supervision of training by a supervising organization (limited to
the one which has obtained a license to supervise (limited to that pertaining to
general supervising business as prescribed in item (i), paragraph (1), Article 23 of
the Act) in cases where the technical intern training plan is for
supervising-organization-type technical intern training (iii)), from which it received
guidance on preparation of the technical intern training plan;
(9) Treatment of the technical intern trainees shall conform to the criteria provided for
in Article 14 of the Ordinance;
(10) In cases of individual-enterprise-type technical intern training (iii) or
supervising-organization-type technical intern training (iii), the applicant shall
conform to the criteria provided for in Article 15 of the Ordinance as an entity with
a high standard of capabilities to ensure the acquisition, etc., of the skills, etc.; and
(11) In cases where the applicant is to conduct technical intern training for multiple
technical intern trainees at the same time during the technical intern training period,
such number of trainees shall not exceed the number provided for in Article 16 of
the Ordinance.15Attachment 6
Revocation of the License for Supervising Organizations
Pursuant to the provisions provided for in Article 37 of the Act on Proper Technical
Intern Training and Protection of Technical Intern Trainees (hereinafter referred to as
"the Act"), the competent ministers of Japan may revoke the license to supervise if a
supervising organization falls under any of the following items:
(1) It is deemed that the supervising organization no longer conforms to any of the
items of paragraph (1), Article 25 of the Act;
(2) The supervising organization falls under one of the items of Article 26 of the Act
(excluding item (ii), item (iii), and (c) and (d) of item (v));
(3) The supervising organization has violated the conditions attached to the license to
supervise pursuant to the provisions of paragraph (1), Article 30 of the Act;
(4) The supervising organization has violated the provisions of the Act or the
provisions of laws relating to immigration or labor which are provided for by a
Cabinet Order, or an order or disposition based on these provisions; and
(5) It has committed a wrongful or significantly unjust act with regard to the laws or
regulations related to immigration or labor.
* When a supervising organization is found to have received any money which is not
regarded as fees for supervision from any relevant person in relation to technical intern
training including sending organizations, the license to supervise will be revoked.
Further, pursuant to the provisions provide for in Article 111 of the Act, such act will
be subject to imprisonment with work for not more than 6 months or a fine of not
more than 300,000 yen.16Attachment 7
Revocation of Accreditation of the Technical Intern Training Plan
Pursuant to the provisions provided for in Article 16 of the Act on Proper Technical
Intern Training and Protection of Technical Intern Trainees (hereinafter referred to as
"the Act"), the competent ministers of Japan may revoke the accreditation of the
technical intern training plan in cases falling under any of the following items:
(1) The implementing organization is deemed to have not conducted the technical intern
training in accordance with the accredited plan;
(2) The accredited plan is not deemed to conform to any of the items of Article 9 of theAct;(3) The implementing organization has come to fall under one of the items of Article 10
of the Act;
(4) The implementing organization has omitted to give a report or to submit or present
books or records pursuant to the provisions of paragraph (1), Article 13 of the Act,
has given a false report or submitted or presented false books or records, or has not
given an answer or has given a false answer to questions pursuant to the provisions
of the same paragraph, or refused, interfered with or evaded an inspection pursuant
to the provisions of the same paragraph;
(5) The implementing organization has made a false report or submitted or presented
false books or records in response to a request from Organization for Technical
Intern Training to make the report or submit or present books or records pursuant to
the provisions of paragraph (1), Article 14 of the Act, or has given a false answer to
questions asked by Organization for Technical Intern Training’s staff pursuant to the
provisions of the same paragraph
(6) The implementing organization has violated the order prescribed under the
provisions of paragraph (1), Article 15 of the Act;
(7) The implementing organization has committed a wrongful or significantly unjust act
with regard to laws or regulations related to immigration or labor; and
(8) The applicant or preparatory organization in the Philippines (in cases pertaining to
supervising-organization-type technical intern training, the applicant, supervising
organization, intermediating sending organization or preparatory organization of the
Philippines), in connection with the technical intern training which the technical
intern trainee, etc. is to engage in while in Japan, has entered into a contract that
stipulates penalties with regard to non-performance of a contract pertaining to the
technical intern training or a contract which otherwise expects the transfer of undue
money or other property with any other people.17Attachment 8
Standards of Treatment of Technical Intern Trainees
The applicant of individual-enterprise-type technical intern training, or the applicant or
the supervising organization of supervising-organization-type technical intern training
must conform to the following standards of treatment of technical intern trainees:
(1) To secure appropriate accommodation for the technical intern trainee;
(2) To take measures to enable the technical intern trainee (i) to concentrate on their
post-entry lectures through the payment of an allowance or some other method;
(3) In cases of supervising-organization-type technical intern training, to ensure that
such trainee will not be made to directly or indirectly pay for the expenses collected
as supervision fees pursuant to the provisions of paragraph (2), Article 28 of the Act
on Proper Technical Intern Training and Protection of Technical Intern Trainees
(applicable to the applicant or the supervising organization of
supervising-organization-type technical intern training only);
(4) With regard to the expenses to be paid regularly by the technical intern trainee
regardless of whether they are food expenses, accommodation expenses or other
expenses, to have the technical intern trainee sufficiently understand the contents of
the meals, accommodation facilities and other benefits to be provided in exchange
for the expenses, to reach an agreement with the trainee about such conditions and
to ensure that the amount of the expenses is equivalent to the actual expenses or is
otherwise an appropriate amount; and
(5) To pay the travel expenses required for the trainee’s return to home country after the
conclusion of the technical intern training (applicable to the applicant of
individual-enterprise-type technical intern training or the supervising organization of
supervising-organization-type technical intern training only). In case an application
for technical intern training (iii) of a technical intern trainee (ii) is submitted during
the period of his/her technical intern training (ii), to pay the travel expenses required
for his/her travel to Japan prior to the technical intern training (iii) (applicable to the
applicant of individual-enterprise-type technical intern training or the supervising
organization of supervising-organization-type technical intern training which makes
the technical intern trainee (iii) engage in the technical intern training (iii) only).