1MEMORANDUM 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 SKILL DEVELOPMENT AND ENTREPRENEURSHIP OF THE
GOVERNMENT OF INDIA
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 Skill Development and Entrepreneurship of the Republic of
India (hereinafter referred to as "MSDE"), with a view to promoting partnership in skill
development, share the common view that the purpose of the Technical Intern Training
Program is to transfer technical skills, techniques and knowledge (hereinafter referred to
as "technical skills."), to contribute to the human resource development of the Republic
of India (hereinafter referred to as "India"), and to strengthen mutual interests through
cooperation between Japan and India. Based on this view, the Ministry of Japan and
MSDE (hereinafter referred to collectively as "both Ministries") have decided to
cooperate as follows in order to adequately advance the Technical Intern Training
Program:
I. Purpose
The purpose of this Memorandum of Cooperation (hereinafter referred to as "this
MoC") is to transfer technical skills from Japan to India appropriately and smoothly by
advancing the Technical Intern Training Program by setting out the commitments
between the Ministry of Japan and MSDE to send and accept technical intern trainees
and thereby strengthen the international cooperation.
II. Commitments of the Ministry of Japan
The Ministry of Japan, in cooperation with the Embassy of Japan as well as the
Consulates-General of Japan in India, if considered appropriate, will carry out the
following commitments related to the acceptance of technical intern trainees from India
in accordance with the relevant laws and regulations of Japan:
1. When the Ministry of Japan receives the information from MSDE about a sending
organization that intends to send technical intern trainees to Japan (hereinafter
referred to as "Sending Organization") and has been approved by MSDE
(Directorate General of Training (DGT)) 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2information publicly available in Japan;
2. To accept only those technical intern trainees of India who are sent by Approved
Sending Organizations after the commencement of cooperation under this MoC.
However, the Ministry of Japan may not accept technical intern trainees of India in
case that a technical intern training plan prepared by an implementing organization
related to the technical intern trainee is not approved by Organization for Technical
Intern Training of Japan and so forth, even if they are sent from Approved Sending
Organizations;
3. When MSDE completes the process for approval of Indian Sending Organizations,
to receive a full list of Indian Approved Sending Organizations, and when MSDE
provides a letter of recommendation for an Indian Approved Sending Organization,
to receive the letter;
4. Not to require the letter of recommendation for technical intern trainees by MSDE
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 MoC;
5. When the Ministry of Japan receives from MSDE the information on the revocation
of an approval of Approved Sending Organizations, to make such information
publicly available in Japan;
6. To provide necessary information when the Ministry of Japan receives inquiries
from MSDE 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;
7. To provide MSDE with a list of licensed Japanese supervising organizations;
8. To notify the results to MSDE, when the Ministry of Japan takes administrative
measures against a supervising organization by revoking the license, issuing an
order for suspension of operation or issuing an order for improvement, or
administrative measures against an implementing organization by revoking
accreditation of a technical intern training plan or issuing an order for improvement
in accordance with Article 15, Article 16, Article 36 or Article 37, including the case
of violations of Article 46 to 49 of the Act on Proper Technical Intern Training and
Protection of Technical Intern Trainees (herein after referred to as "Act");
9. To establish a mechanism to support technical intern trainees in English;
10. To establish a system to transfer technical intern trainees to other implementing
organizations in case of revocation of license of a supervising organization,
discontinuation of business by an implementing organization or infringement of
human rights by a supervising organization or an implementing organization; and
11. When the Ministry of Japan finds that an Indian Approved Sending Organization has
exercised activities inconsistent with Act, to inform MSDE of such activities for the
purpose of cooperating with MSDE in taking appropriate action on such activities.3III. Commitments of MSDE
MSDE, in accordance with the relevant laws and regulations of India, will carry out
the following commitments with regard to sending technical intern trainees:
1. To ensure that the recommendation, which is made by MSDE 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 Act ), may not be made by any public authorities other than
MSDE;
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
India, 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, and to continue issuing the
letter of recommendation for Sending Organizations which MSDE considers
appropriate to send technical intern trainees to Japan until MSDE provides the
Ministry of Japan with a full list of Approved Sending Organizations;
4. When MSDE 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 India in order to select
and send technical intern trainees in an appropriate manner, to revoke an approval
when MSDE 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 India, 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 MSDE 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 India and so forth.
IV. Designation of Contact Points4Both 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 MoC.
1. For Japan, the International Affairs Department of the Organization for Technical
Intern Training. For modification and supplementation of this MoC and desire to
terminate the cooperation under this MoC, 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 India, the Director General of Training/ Joint Secretary, Directorate General of
Training, MSDE. The aforementioned contact points may delegate a part of the
work related to this MoC to the Embassy of India in Japan.
V. Settlement of Issues
Both Ministries will consult with respect to the implementation of activities under
this MoC 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.
VI. Implementation within the scope of laws and regulations
Cooperation under this MoC 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 MoC without the written consent from the
other Ministry.
VII. Consultation
Representatives of both Ministries will consult from time to time, as necessary,
through diplomatic channels as deemed appropriate.
VIII. Others or Miscellaneous
1. Commencement
This MoC was signed in Tokyo, Japan, on 17th
October in 2017 in two originals in
the English Language. The cooperation under this MoC will commence on the thirtieth
day after the date of receipt of the latter notification, which each Ministry makes to
announce the intention to commence the cooperation under this MoC.
2. Validity
The cooperation under this MoC will continue for a period of five years from the
thirtieth day after the date of receipt of the latter notification and will be extended5automatically for additional five years unless there is a written notice by either Ministry
indicating desire not to extend it sixty days in advance of the termination date.
3. Termination
(1) In case either Ministry wishes to terminate the cooperation based on this MoC
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.
(2) In case of termination of the cooperation under this MoC, both Ministries will
ensure that the interest of technical intern trainees is taken into account.
4. Modification and supplementation: The contents of this MoC will be modified or
supplemented as necessary with written consent of both Ministries.
This Memorandum is made in English.
FOR THE MINISTRY OF JUSTICE
OF JAPAN
FOR THE MINISTRY OF SKILL
DEVELOPMENT &
ENTREPRENEURSHIP OF THE
GOVERNMENT OF REPUBLIC OF
INDIA
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
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 to contribute to the economic development
of the Republic of India (hereinafter referred to as "India") by making use of the
achievement through the technical intern training after returning to India.
(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 India 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 India 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, India or any other countries, 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 India.
(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.
2. In terms of approving Sending Organization in India, MSDE will commence the
procedure from 1st
November 2017 and provide a full list of Approved Sending
Organizations for the Ministry of Japan by 1st
January 2018. The Ministry of Japan
will accept only those trainees who are sent by Indian Approved Sending
Organizations on the list from 1st
May 2018.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
The Ministry of Skill Development and Entrepreneurship of the Republic of India
(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 IV. 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 Skill Development and Entrepreneurship of the Republic of India
(Signature)