MEMORANDUM OF COOPERATIONONTHE TECHNICAL INTERN TRAINING PROGRAM
BETWEEN
THE MINISTRY OF JUSTICE, THE MINISTRY OF FOREIGN AFFAIRS AND THE
MINISTRY OF HEALTH, LABOUR AND WELFARE OF JAPANANDTHE MINISTRY OF LABOUR AND HUMAN RESOURCES OF BHUTAN
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Health,
Labour and Welfare of Japan (hereinafter referred to collectively as "the Ministry of
Japan") and the Ministry of Labour and Human Resources of Bhutan (hereinafter
referred to as "the Ministry of Bhutan") 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 Bhutan, to contribute to
the human resource development by which the development of the economy of Bhutan
would be led and thus to promote international cooperation. Based on this view, the
Ministry of Japan and the Ministry of Bhutan (hereinafter referred to collectively as
"both Ministries") 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 Bhutan appropriately and smoothly through the Technical Intern Training Program by
setting out the commitments between the Ministry of Japan and the Ministry of Bhutan
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 India, if
considered appropriate, will carry out the following commitments related to the
acceptance of technical intern trainees from Bhutan in accordance with the relevant laws
and regulations of Japan:
(1) When the Ministry of Japan receives the information from the Ministry of Bhutan
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
Ministry of Bhutan to meet Sending Organization’s Approving Standards described
in Attachment 1 (hereinafter respectively referred to as "Approved Sending
Organization" and "Approving Standards"), to make such information publicly
available in Japan;2(2) To accept only those technical intern trainees of Bhutan who are sent by Approved
Sending Organizations after the commencement of cooperation under this
Memorandum. However, the Ministry of Japan may not accept technical intern
trainees of Bhutan 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 Ministry of Bhutan for
the letter of recommendation for the Sending Organization by a public authority of
Bhutan after the commencement of cooperation under this Memorandum, provided
that the Ministry of Bhutan completes procedures for the approval of Sending
Organizations and provides the Ministry of Japan with a full list of Approved
Sending Organizations;
(4) Not to require the letter of recommendation for technical intern trainees by public
authorities after receiving a full list of Approved Sending Organizations, on the
condition that the Ministry of Japan receives the Certificate described in Attachment
3 after the commencement of cooperation under this Memorandum;
(5) When the Ministry of Japan receives from the Ministry of Bhutan the information
on the revocation of an approval of Approved Sending Organizations, to make such
information publicly available in Japan; and
(6) To provide necessary information when the Ministry of Japan receives inquiries
from the Ministry of Bhutan pertaining to issues such as the 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 Ministry of Bhutan)
3 The Ministry of Bhutan, in accordance with the relevant laws and regulations
of Bhutan, 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 on Proper Technical Intern Training and Protection of
Technical Intern Trainees) may not be made by any public authorities other than the
Ministry of Bhutan;
(2) To examine whether or not Sending Organizations meet 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
Bhutan publicly available when the approvals set out in the previous paragraph are3given. To provide the Ministry of Japan with the information on Approved Sending
Organizations in the form specified in Attachment 2, and to continue issuing the
letter of recommendation for Sending Organizations which the Ministry of Bhutan
considers appropriate to send technical intern trainees to Japan until the Ministry of
Bhutan provides the Ministry of Japan with a full list of the Approved Sending
Organizations;
(4) When the Ministry of Bhutan is informed by the Ministry of Japan that an Approved
Sending Organization seems to have exercised activities in consistent with
Approving Standards or other improper activities, to conduct investigations over the
Approved Sending Organization in question, to provide necessary guidance and
supervision, and to report the results to the Ministry of Japan;
(5) To provide guidance to Approved Sending Organizations in Bhutan in order to select
and send technical intern trainees in an appropriate manner, to revoke an approval
when the Ministry of Bhutan considers that an Approved Sending 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 Bhutan, 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;
(7) To provide the Ministry of Japan with information required, when the Ministry of
Bhutan 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 Bhutan and so forth; and
(8) To designate the Employment Services Division under the Department of
Employment and Human Resources as the public Sending Organization for the
Technical Intern Training Program.
(Designation of Contact Points)
4 Both Ministries 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 the 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,
Labour and Welfare.
(2) For Bhutan, Human Resource and Skills Development Division under Department
of Employment and Human Resources, Ministry of Labour and Human Resources.4(Settlement of Issues)
5 Both Ministries 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 deemed 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 Ministries will not disclose
confidential information obtained from the other Ministry through cooperation and
exchange of information within the framework of this Memorandum without the written
consent from the other Ministry.
(Consultation)
7 Representatives of both Ministries will consult from time to time, as necessary.
Both Ministries will consult through diplomatic channels as deemed appropriate.
(Others)
8 This Memorandum was signed in Tokyo, on 3 October in 2018. The
cooperation under this Memorandum will commence on the date of its signature. With
the commencement of this Memorandum, the cooperation between both Ministries 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 date of its signature and will be extended automatically for additional five years
unless there is a written notice by either Ministry not to desire to extend it sixty days in
advance of the termination date. In case that either Ministry 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 indicating such intent, not later than ninety days before the desired termination
date.
The contents of this Memorandum will be modified or supplemented as necessary with
written consent from both Ministries.
This Memorandum is made in English.5For the Ministry of Justice of Japan For the Ministry of Labour and Human
Resources of Bhutan
For the Ministry of Foreign Affairs of
Japan
For the Ministry of Health, Labour and
Welfare of Japan6Attachment 1
Approving Standards for Sending Organizations
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 to contribute to the economic development
of Bhutan by making use of the achievement through the technical intern training
after returning to Bhutan.
(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 details 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 Bhutan 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, Labour 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 Bhutan after completing the technical intern training.
(5) As for Sending Organization and its board members, if they had been sentenced to
imprisonment or more severe penalty in Japan or in Bhutan, at least five years
have elapsed after the penalty had been completed or the penalty had been
exempted from the execution.
(6) To carry out any projects in accordance with the laws and regulations of Bhutan.
(7) As for Sending Organization and its board members, to have never conducted any
of the following acts within the preceding five years:
(a) In connection with technical intern training, managing money or other
properties of trainees and candidates, their relatives or other persons
concerned, regardless of any reasons such as collecting deposits or any7other purposes;
(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 that trainees and candidates, their relatives or other
persons concerned have never been involved in the acts set out in (a) and (b) of(7).(9) Acknowledging the importance of addressing disappearance of technical intern
trainees, to cooperate with Japanese supervising organizations and to make efforts
in order to prevent technical intern trainees from disappearing.
(10) To have other necessary capacities to appropriately coordinate applications for
technical intern training to Japanese supervising organizations.8Attachment 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)9Attachment 3
Date:
Certificate
Ministry of Labour and Human Resources of Bhutan (hereinafter referred to as "the
Ministry") hereby recognizes that the technical intern trainees who will be sent to Japan
by Approved Sending Organizations* are appropriate to engage in technical intern
training, excluding those recognized inappropriate by the Ministry, and so notifies the
Japanese contact point designated in (1) of 4 of the Memorandum of Cooperation on the
Technical Intern Training Program separately.
* The term Approved Sending Organization means the sending organization which is
approved by the Ministry.
Ministry of Labour and Human Resources, Bhutan
(Signature)