1MEMORANDUM OF COOPERATION
ON THE 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, INVALIDS AND SOCIALAFFAIRS OF VIET NAM
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Health, Labour and
Welfare of Japan (hereinafter referred to as "the Ministry of Japan") and the Ministry of Labour,
Invalids and Social Affairs of the Socialist Republic of Viet Nam (hereinafter referred to as "the
Ministry of Viet Nam") 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 Viet Nam, to contribute to the human resource development of Viet
Nam, to promote the Japan-Viet Nam Extensive Strategic Partnership for Peace and Prosperity in
Asia for the benefits of both countries and to promote international cooperation. Based on this
view, the Ministry of Japan and the Ministry of Viet Nam have decided as follows in order to
adequately advance the Technical Intern Training Program:
1. Purpose
The purpose of this Memorandum of Cooperation (hereinafter referred to as "MOC") is
to transfer technical skills, etc. from Japan to Viet Nam appropriately and smoothly through the
Technical Intern Training Program by setting out the responsibilities of the Ministry of Japan and
the Ministry of Viet Nam to send and accept technical intern trainees and thus to promote
international cooperation.
2. Contact Points
In order to implement effectively the activities within MOC, the two countries’
Ministries designate respectively the contact points as follows:
(1) Contact point of Japan:
The main contact point of Japan is the Organization for Technical Intern Training (OTIT).
The contact point for modification, supplementation or termination of MOC is the
Immigration Bureau, Ministry of Justice and the Human Resources Development Bureau,
Ministry of Health, Labour and Welfare.
(2) Contact point of Viet Nam:
Department of Overseas Labour (hereinafter referred to as "DOLAB"), Ministry of Labour,
Invalids and Social Affairs.23. Cooperation Framework
The cooperation under MOC will be conducted within the scope of the laws and
regulations in force in each country. One side will not disclose confidential information of the
other side obtained through the cooperation and information exchange within the framework of
MOC without the written consent of the other side.
4. Cooperation Mechanism
The Ministry of Japan and the Ministry of Viet Nam will exchange information and
cooperate with each other as follows for the appropriate implementation of the Technical Intern
Training Program. In appropriate cases (including emergencies, crisis or disasters, etc.), the
Ministries of both countries, through the diplomatic mission, will exchange information, solve
arising problems and supervise the implementation of activities relating to the Technical Intern
Training Program:
(1) Consultation, information exchange and processing
The Ministry of Japan and the Ministry of Viet Nam regularly exchange information on the
implementation of policies and changes of policies of the two countries relating to the
Technical Intern Training Program. The information exchange will be conducted through
written documents and annual meetings;
(2) Problems solving
The Ministry of Japan and the Ministry of Viet Nam will consult each other in implementing
activities under MOC, cooperate with each other in solving arising problems (including but
not limitted to disappeared trainees, overstaying trainees and violations of laws and
regulations of two countries by Vietnamese Sending Organizations, Japanese Supervising
Organizations and Japanese Implementing Organizations), and settle such issues amicably and
in close cooperation, through diplomatic missions as deemed appropriate, with each country’s
relevant ministries and agencies; and
(3) Violations of laws and regulations by Japanese Supervising Organizations and
Vietnamese Sending Organizations
In order to ensure that the Technical Intern Training Program is conducted in conformity with
laws and regulations, the Ministry of Japan and the Ministry of Viet Nam coordinate with
each other to supervise and handle violations of laws and regulations of the two countries in
the Technical Intern Training Program by Japanese Supervising Organizations and
Vietnamese Sending Organizations.
5. Responsibilities of each Ministry
(1) Responsibilities of the Ministry of Japan
(i) To cooperate with the Embassy of Japan and the Consulate General of Japan in Viet Nam and
the Ministry of Viet Nam in implementing the Technical Intern Training Program;3(ii) When the Ministry of Japan receives the information from the Ministry of Viet Nam on a
sending organization that intends to send technical intern trainees to Japan and has been
approved by the Ministry of Viet Nam to meet Sending Organization’s Approving Standards
described in Attachment 1 (hereinafter respectively referred to as "Approving Standards"
and "Vietnamese Approved Sending Organization"), to make such information publicly
available in Japan;
(iii) To consider only the documents as described in Attachment 6 and accredit the technical
intern training plan for trainees on the list approved by DOLAB, which is the agency
assigned by the Ministry of Viet Nam, as described in Attachment 3 of MOC;
(iv) To inform the Ministry of Viet Nam on trainees who are not accepted to enter Japan due to
refusal of their intern plan;
(v) When the Ministry of Japan receives from the Ministry of Viet Nam the information on the
revocation of approval of Vietnamese Approved Sending Organizations, to make such
information publicly available in Japan;
(vi) In accordance with the license standards for Japanese 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;
(vii) To take appropriate measures including revocation of license when a supervising
organization commits an act which falls under any of the items described in Attachment 7;
(viii) When informed by the Ministry of Viet Nam about the behaviors of Japanese Supervising
Organization which are not in conformity with the licensing standards described in
Attachment 4 of MOC or other improper activities of the supervising organization, to
investigate, instruct, supervise and handle the organization and then to report the result to the
Ministry of Viet Nam.
(ix) When informed by the Ministry of Viet Nam about the actual condition which is not in
conformity with the accreditation standards described in Attachment 5 of MOC or is
different from the accredited plan, to investigate, instruct or supervise the Japanese
Implementing Organizations, take appropriate measures and then report the results to the
Ministry of Viet Nam;
(x) To take appropriate measures including revocation of accreditation of a technical intern
training plan which falls under any of the items described in Attachment 8 (including the
case that only the Japanese Supervising Organization or Japanese Implementing
Organization violates the standards described in Attachment 9 of MOC);
(xi) To provide the Ministry of Viet Nam with the list of licensed Japanese Supervising
Organizations;
(xii) When the Ministry of Japan takes administrative measures against a Japanese Supervising
Organization by revoking the license or issuing an order for suspension of operation and
issuing an order for improvement in accordance with Article 36 of the Act on Proper4Technical Intern Training and Protection of Technical Intern Trainees (hereinafter referred to
as "the Act"), or administrative measures against a Japanese Implementing Organization by
revoking an accreditation of technical intern training plan or issuing an order for
improvement in accordance with Article 15 of the Act, to notify the results to the Ministry of
Viet Nam;
(xiii) To inform the Ministry of Viet Nam about the violations by Vietnamese Approved Sending
Organizations and Japanese Supervising Organizations for taking appropriate measures
against those violations.
(xiv) To protect rights and legitimate benefits of Vietnamese technical intern trainees during their
stay in Japan;
(xv) To provide neccessary information at the request of the Ministry of Viet Nam for the
purpose of checking information on the implementation of the Technical Intern Training
Program, the relating information on the assessment, modification of the Technical Intern
Training Program and additions of occupations for technical intern trainees;
(xvi) To accept only those technical intern trainees of Viet Nam who are sent by Vietnamese
Approved Sending Organizations after the commencement of cooperation under MOC.
However, Japan may not accept technical intern trainees of Viet Nam in case that a technical
intern plan related to the technical intern trainee is not approved and so forth, even if they
are sent from Vietnamese Approved Sending Organizations;
(xvii) To substitute approval of a Vietnamese Sending Organization by the Ministry of Viet Nam
for the recommendation on a Vietnamese Sending Organization by a public authority of Viet
Nam after the commencement of cooperation under MOC; and
(xviii) To require submission of the documents described in Attachment 3 and 6, which should be
prepared by Vietnamese Approved Sending Organizations and technical intern trainees, in
carrying out examinations of applications for the license and accreditation.
(2) Responsibilities of the Ministry of Viet Nam
(i) To cooperate with the Embassy of Viet Nam and the Consulates General of Viet Nam in
Japan and the Ministry of Japan in implementing the Technical Intern Training Program;
(ii) To ensure that the recommendation, which is made by a public authority on a Vietnamese
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 Japanese Supervising Organizations (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 Viet Nam;
(iii) To check whether or not Vietnamese Sending Organizations that intend to send technical
intern trainees to Japan meet the Approving Standards and to give approval when the
Vietnamese Sending Organizations are considered to meet the Approving Standards;5(iv) To make the names and other information of the Vietnamese Approved Sending
Organizations publicly available and to provide the Ministry of Japan with the information
on the Vietnamese Approved Sending Organizations in the form described in Attachment 2;
(v) To approve the trainee list described in Attachment 3 in order for the Ministry of Japan to
consider the accreditation of technical intern training plans;
(vi) To provide guidance to Vietnamese Approved Sending Organizations in order to select and
send technical intern trainees in an appropriate manner, to revoke the approval when the
Ministry of Viet Nam considers that an Vietnamese Approved Sending Organization no
longer meets the Approving Standards, and to notify the results to the Ministry of Japan;
(vii)When the Ministry of Viet Nam is informed by the Ministry of Japan that an Vietnamese
Approved Sending Organization seems to have exercised activities inconsistent with
Approving Standards or other improper activities, to investigate, instruct, supervise over the
Vietnamese Approved Sending Organization in question, and then report the results to the
Ministry of Japan;
(viii) To instruct, manage and supervise the operation of Vietnamese Approved Sending
Organizations and take appropriate sanctions toward Vietnamese Approved Sending
Organizations which violate regulations described in Attachment 1 of MOC;
(ix) 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 Viet Nam, by, in particular, providing guidance to Vietnamese Approved Sending
Organizations in order to obtain accurate feedbacks from as many as those former technical
intern trainees; and
(x) To provide the Ministry of Japan with information required, when the Ministry of Viet Nam
receives inquiries from the Ministry of Japan pertaining to guidance and supervision records
exercised over the Vietnamese Approved Sending Organizations, records related to the
Approval of Sending Organizations, matters related to the types of job categories in demand
for technical transfer in Viet Nam and so forth.
6. Trainees under Individual Enterprise Type Technical Intern Training
The provisions of 1 to 3, 4 (except for (3)), (i), (vi) (except for those concerning
Japanese Supervising Organizations), (ix), (x) (except for those concerning Japanese Supervising
Organizations), (xii) (except for those concerning Japanese Supervising Organizations), (xiv) and
(xv) of (1), and (i), (ix) (except for those concerning Japanese Supervising Organizations) and
(x) of (2) of 5, and 7 of MOC will also be applied to Individual Enterprise Type Technical Intern
Training.
Individual Enterprise Type Technical Intern Training refers to training, as described in
Attachment 10, where a foreign national who is an employee of an oversea establishment of a
Japanese public or private organization or a foreign national who is an employee of a foreign
public or private organization that has a close relationship with a Japanese public or private6organization engages in activities relating to skills, etc. under an employment contract with such
Japanese public or private organization.
7. Commencement, Termination and Language
The cooperation under MOC is conducted in 5 continuous years starting from the 1st
November 2017 and will automatically extend 5 more years if none of the Ministries informs the
other Ministry of its intention to terminate MOC at least 60 days before the expiry date. In case
either Ministry wishes to terminate MOC before the end of the 5 year period, it will inform the
other Ministry by writing at least 90 days before the date of termination. However, the
termination of MOC will not affect the activities being conducted under the framework of MOC.
The contents of MOC will be modified or supplemented as necessary with written
consent from both Ministries.
MOC is made in English, signed on the 6th June, 2017 in Tokyo, Japan.
For the Ministry of Justice of Japan For the Ministry of Labour, Invalids and
Social Affairs of Viet Nam
For the Ministry of Foreign Affairs of
Japan
For the Ministry of Health, Labour and
Welfare of Japan7Attachment 1
Approving Standards for Vietnamese Sending Organization
(Company sending Vietnamese technical intern trainees to Japan)
I. Vietnamese Sending Organizations must meet all of the following standards to be approved
to send technical intern trainees to Japan:
(1) To have a license on sending Vietnamese workers to work abroad under contract issued by
the Ministry of Viet Nam and have sufficient ability to send Vietnamese technical intern
trainees to Japan;
(2) To appropriately select and send to Japan only those who are motivated to engage in
technical intern training with the understanding the objectives of the Technical Intern
Training Program and contribute to the economic development of Viet Nam by making use
of the achievement through the technical intern training after returning to Viet Nam;
(3) 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;
(4) To cooperate with Japanese Supervising Organizations in managing Vietnamese technical
intern trainees in Japan and providing them with necessary support, such as finding
occupation in order for them to appropriately utilize the acquired technical skills, etc. after
they return to Viet Nam;
(5) 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 Viet Nam after completing the technical intern
training;
(6) As for the Vietnamese Sending Organization and its board members, if they had been
sentenced to imprisonment or more severe penalty in Japan or in Viet Nam, at least five
years have elapsed after the penalty had been completed or the penalty has been exempted8from the execution;
(7) To carry out any projects in accordance with the laws and regulations of Viet Nam;
(8) As for the Vietnamese 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, administering money or other properties
of trainees and candidates, their relatives or other persons concerned, regardless of
any reasons such as collecting deposits or any other purposes against laws and
regulations of both countries;
(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.
(9) As for the Vietnamese Sending Organization and its board members, to have never
conducted any of the following acts since the commencement of MOC:
(a) To allow brokers to intervene in the recruiting of technical intern trainees or the
cooperation in dispatching and accepting technical intern trainees between
Vietnamese Sending Organizations and Japanese Supervising Organizations or
having the act of bribing, paying commission fees to Japanese Supervising
Organizations;
(b) 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;
(c) Not to comply with contracts signed with technical intern trainees and Japanese
Supervising Organizations or sign secret contracts with technical intern trainees and
Japanese Supervising Organizations with fraudulent provisions;
(d) To lend the legal status to other organizations to send Vietnamese technical intern
trainees to Japan;
(e) To provide information and report insufficiently or incorrectly to Japanese9Supervising Organizations and authorized agencies of the two countries; and
(f) Other violations of current laws and regulations of the two countries relating to the
Technical Intern Training Program.
(10) In coordinating applications for technical intern training to supervising organizations in
Japan, 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 (8);
(11) To acknowledge the importance of addressing disappearance of technical intern trainees
and to cooperate with Japanese Supervising Organizations and make efforts to prevent
technical intern trainees from disappearing; and
(12) To have other necessary capacities to appropriately coordinate applications for the
Technical Intern Training Program to Japanese Supervising Organizations.
II. After being approved as having sufficient capacities to send technical intern trainees to Japan,
those Vietnamese Approved Sending Organizations which do not satisfy or violate one of the
standards supecified in the section I above will be eliminated from the list of Vietnamese
Approved Sending Organizations.
III. The contact points of two countries will discuss and confirm specific conditions on the ability
of Vietnamese Sending Organizations.
* In terms of approving Sending Organization in Viet Nam, the Ministry of Viet Nam will
commence the procedure from 1st August 2017 and provide a full list of Vietnamese Approved
Sending Organizations with the Ministry of Japan by 1st April 2018. The Ministry of Japan will
accept only those trainees who are sent by Vietnamese Approved Sending Organizations on the
list from 1st September 2018.10Attachment 2
Date:
Outline of Vietnamese Approved Sending Organization
Name of Organization:
Name of Representative:
Address:
TEL: FAX:
Email:URL:Date of establishment :
Date of approval:
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 the Technical Intern Training Program :
(position)
(Address)
(TEL) (FAX)
(Email)
Contact point in Japan
(Name):(Name of representative (In the case of a company/organization)):(Address)
(TEL) (FAX)
(Email)11Attachment 3
LIST OF TECHNICAL INTERN TRAINEE CANDIDATES
1. Information of Vietnamese Approved Sending Organization
Name:
License No.:
Name of Representative:
Address:
Tel: Fax:
2. Information of Japanese Supervising Organization
Name:
License No.:
Name of Representative:
Address:
Tel: Fax:
3. Information of Japanese Implementing Organization
Name:
Name of Representative:
Address:
Tel: Fax:
4. Information of technical intern trainee candidates
No. Name Date of birth Gender Occupation12
Date.....month.......year
Approved by Department of Overseas Labour (DOLAB)
(signature and stamp)
Name and title
Position12Attachment 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;
(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 a foreign country,13to have a contract with the sending organization in a foreign country pertaining to such
mediation; and
(7) In addition to the matters provided for in the items (1) to (6) above, to possess the capability
to enable it to perform the supervision business appropriately.14Attachment 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, 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 on Proper Technical Intern Training
and Protection of Technical Intern Trainees (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) have been achieved;
(5) The evaluation of the skills, etc. which the technical intern trainee has acquired shall be
conducted through a trade skills test or technical intern training evaluation examination as
provided for in Article 11 of the Ordinance before the completion of the technical intern
training;15(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) of paragraph (1) of Article 23) 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.16Attachment 6
Documents to Be Prepared by
Public Authority, Sending Organizations and Trainees and Candidates after
the Commencement of the Cooperation under
the Memorandum of Cooperation
(1) In terms of application for license to Japanees Supervising Organization, applicants have to
submit the following documents which Vietnamese Approved Sending Organization made.
(a) Written summary of the Vietnamese Approved Sending Organization
(* Reference Form 2-9)
(b) Written statement of expenses collected by the Vietnamese Approved Sending Organization
in Viet Nam (* Reference Form 2-10)
(c) Written pledge of the Vietnamese Approved Sending Organization relating to the license for
Japanese Supervising Organizations (* Reference Form 2-11)
(2) In terms of application for accreditation to technical intern training plan, applicants have to
submit the following documents which the Ministry of Viet Nam made
(a) List of technical intern trainee candidates issued to the Vietnamese Approved Sending
Organization by DOLAB.
(3) In terms of application for accreditation to technical intern training plan, applicants have to
submit the following documents which the Vietnamese Approved Sending Organization
made.
(a) Written pledge of the Vietnamese Approved Sending Organization on accreditation of the
technical intern training plan (* Reference Form 1-10)
(b) Contract for the agreement pertaining to the technical intern training entered into by the
technical intern trainee and the Vietnamese Approved Sending Organization.
(c) Written statement of expenses paid in Viet Nam relating to preparations for the technical
intern training (* Reference Form 1-21) (* With the signature of a technical intern trainee)
(4) In terms of application for accreditation to technical intern training plan, applicants have to
submit the following documents which trainee candidates made.
(a) Curriculum vitae of the technical intern trainee (* Reference Form 1-3)
(b) Written declaration of the technical intern trainee (* Reference Form 1-20)
(c) Written explanation of important matters relating to treatment during the period of the
technical intern training (* Reference Form 1-19) (* With the signature of a explainer)17(5) In terms of application for accreditation to technical intern training plan, applicants have to
submit the following documents which Vietnamese preparatory organizations (organizations
which concern preparation of trainee candidates in Viet Nam (excluding the Vietnamese
Approved Sending Organization which send the trainees)), if any, made.
(a) Written summary and written pledge of the preparatory organization in Viet Nam (*
Reference Form 1-13)
※(注記) ‘Reference Form’ means the model of document provided by the Ministry of Japan.18Attachment 7
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) of 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 item (v) (c) and (d));
(3) The supervising organization has violated the conditions attached to the license to supervise
pursuant to the provisions of Article 30, paragraph (1) 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.19Attachment 8
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 competent ministers deem that the implementing organization is deemed to have not
conducted the technical intern training in accordance with the accredited plan;
(2) The competent ministers deem that the accredited plan is not deemed to conform to any of
the items of Article 9 of the Act;
(3) The implementing organization has come to fall under one of the items of Article 10 of theAct;(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 OTIT 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 OTIT’s staff pursuant to the provisions of the same paragraph
(6) The implementing organization has violated the order prescribed under the provisions
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 Viet Nam (in cases pertaining to
supervising-organization-type technical intern training, the applicant, supervising organization,
intermediating sending organization or foreign preparatory organization), 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.20Attachment 9
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).21Attachment 10
Individual-Enterprise-Type Technical Intern Trainee
To engage in individual-enterprise-type technical intern training, the technical intern trainee
candidate is required to be an employee of an "oversea establishment of a Japanese public or
private organization" or a "public or private organization of a foreign country which has the
close relationship with a Japanese public or private organization."
The term "oversea establishment of a Japanese public or private organization," in principle,
means:
- An oversea establishment which is the head office or a branch office of a Japanese public or
private organization;
- An overseas establishment which is the parent company or a subsidiary of a Japanese public or
private organization;
- An overseas establishment which has the same Japanese public or private organization as a
parent company; and
- An overseas establishment which is associated with a Japanese public or private organization.
The term "public or private organization of a foreign country which has the close relationship
with a Japanese public or private organization," means in principle means:
- An organization which has a track record of having continuously conducted international
transactions for one year or more or a track record of conducting international transactions of 1
billion yen or more in the past year with a public or private Organization in Japan; and
- An organization which has an international business partnership with a public or private
organization in Japan, or some other organization deemed by the Minister of Justice and the
Minister of Health, Labour and Welfare to have a close relationship.