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 MINISTRY OF LABOR AND SOCIAL WELFARE OF LAO PEOPLE’S
DEMOCRATIC REPUBLIC
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Health,
Labor and Welfare of Japan (hereinafter referred to collectively as "the Japanese side")
and the Ministry of Labor and Social Welfare of Lao People’s Democratic Republic
(hereinafter referred to as "the Lao PDR’s side") 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 Lao PDR, to contribute
to the human resource development by which the development of the economy of Lao
PDR would be led and thus to promote international cooperation. Based on this view,
the Japanese side and the Lao PDR’s side (hereinafter referred to collectively as "both
sides") 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 Lao PDR appropriately and smoothly through the Technical Intern Training Program
by setting out the commitments between both sides to send and accept technical intern
trainees and thus to promote international cooperation.
(Commitments of the Japanese side)
2 The Japanese side, in cooperation with the Embassy of Japan in Lao PDR, if
considered appropriate, will carry out the following commitments related to the
acceptance of technical intern trainees from Lao PDR in accordance with the relevant
laws and regulations of Japan:
(1)When the Japanese side receives the information from the Lao PDR’s side 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
Lao PDR’s side 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)To accept only those technical intern trainees of Lao PDR who are sent by Approved2Sending Organizations after the commencement of cooperation under this
Memorandum. However, the Japanese side may not accept technical intern trainees
of Lao PDR 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 Lao PDR’s side for the
letter of recommendation for the Sending Organization by a public authority of Lao
PDR after the commencement of cooperation under this Memorandum, provided
that the Lao PDR’s side completes procedures for the approval of Sending
Organizations and provides the Japanese side with a full list of Approved Sending
Organizations;
(4)When the Japanese side receives from the Lao PDR’s side the information on the
revocation of an approval of Approved Sending Organizations, to make such
information publicly available in Japan;
(5)In accordance with the Criteria for the License of Supervising Organizations
described in Attachment 3 and with the Criteria for Accreditation of Technical Intern
Training Plan described in Attachment 4, to conduct business relating to the license
and the accreditation in an appropriate manner;
(6)To take appropriate measures including revocation of the license when a supervising
organization commits an act which falls under any of the items described in
Attachment 5;
(7)To take 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 6 arises;
(8)To require submission of necessary documents regarding the Standards of Treatment
of Technical Intern Trainees described in Attachment 7 and to take appropriate
measures including revocation of accreditation of the technical intern training plan
in the event that the actual treatment is found to differ from the statements in the
submitted documents;
(9)To notify the results to the Lao PDR’s side, when the Japanese side takes
administrative measures against a supervising organization by revoking the license,
issuing an order for suspension of operation or 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 accreditation of a
technical intern training plan or issuing an order for improvement in accordance
with the Act; and
(10)To provide necessary information when the Japanese side receives inquiries from
the Lao PDR’s side 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.3(Commitments of the Lao PDR’s side)
3 The Lao PDR’s side, in accordance with the relevant laws and regulations of
Lao PDR, 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 of Article 25 of the Ordinance for
Enforcement of the Act) may not be made by any public authorities other than the
Lao PDR’s side;
(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
Lao PDR publicly available when the approvals set out in the previous paragraph
are given. To provide the Japanese side 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 Lao PDR’s side
considers appropriate to send technical intern trainees to Japan until the Lao PDR’s
side provides the Japanese side with a full list of Approved Sending Organizations;
(4) When the Lao PDR’s side is informed by the Japanese side 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 Japanese side;
(5) To provide guidance to Approved Sending Organizations in Lao PDR in order to
select and send technical intern trainees in an appropriate manner, to revoke an
approval when the Lao PDR’s side considers that an Approved Sending
Organization no longer meets Approving Standards, and to notify the results to the
Japanese side;
(6) To cooperate on follow-up surveys conducted by the Japanese side concerning the
situation of utilization of acquired technical skills, etc. after the technical intern
trainees return to Lao PDR, 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 Japanese side with information required, when the Lao PDR’s side
receives inquiries from the Japanese side 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4demand for technical transfer in Lao PDR and so forth.
(Designation of Contact Points)
4 Both sides 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 the Japanese side, 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, Labor and Welfare.
(2) For the Lao PDR’s side, the Department of Skills Development and Employment
Promotion, the Ministry of Labor and Social Welfare. The division may delegate a
part of the work related to this Memorandum to the Embassy of Lao PDR in Japan.
(Settlement of Issues)
5 Both sides 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 side will not disclose confidential
information obtained from the other side through cooperation and exchange of
information within the framework of this Memorandum without the written consent
from the other side.
(Consultation)
7 Both sides will consult from time to time, as necessary. Both sides will consult
through diplomatic channels as deemed appropriate.
(Others)
8 This Memorandum was signed in duplicate at Tokyo on [Day] November 2017,
and at Vientiane on [Day] November 2017. The cooperation under this Memorandum
will commence on the thirtieth day after the date of receipt of the latter notification
which each side makes to announce the intention to commence the cooperation under
this Memorandum. With the commencement of this Memorandum, the cooperation5between both sides 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 thirtieth day after the date of receipt of the latter notification and will be
extended automatically for additional five years unless there is a written notice by either
side not to desire to extend it sixty days in advance of the termination date. In case that
either side 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 side indicating such intent, not later than ninety days before
the desired termination date through diplomatic channels.
The contents of this Memorandum will be modified or supplemented as
necessary with written consent from both sides.
This Memorandum is made in English.
For the Ministry of Justice of Japan For The Ministry of
Labor and Social Welfare of
Lao People’s Democratic Republic
For the Ministry of Foreign Affairs of
Japan
For the Ministry of Health, Labor 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 Lao PDR by making use of the achievement through the technical intern
training after returning to Lao PDR.
(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 Lao PDR 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 Lao PDR 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 Lao PDR, 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 Lao PDR.
(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 Lao PDR, the Lao PDR’s side
will commence the procedure from (1st
January 2018) and provide a full list of
Approved Sending Organizations for the Japanese side by (1st
April 2018). The Japanese
side will accept only those trainees who are sent by the Approved Sending
Organizations on the list from (1st
August 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
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 (Act No.89 of 2016), 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 (Ordinance of the Ministry of Justice and the
Ministry of Health, Labor and Welfare No.3 of 2016) (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;10(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, to 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 perform the supervision business appropriately.11Attachment 4
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 (Act No.89 of 2016)
(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 on Proper
Technical Intern Training and Protection of Technical Intern Trainees (Ordinance of
the Ministry of Justice and the Ministry of Health, Labor and Welfare No.3 of 2016)
(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;12(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;
(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
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.13Attachment 5
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 (Act No.89 of
2016)(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 (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) of 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) The supervising organization 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 of 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.14Attachment 6
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 (Act No.89 of
2016)(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 to conform to any of
the items of Article 9 of the Act;
(3) The implementing organization has come to fall under any 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) of 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) of 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 of paragraph (1) of 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 Lao PDR (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.15Attachment 7
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) of Article 28 of the Act on
Proper Technical Intern Training and Protection of Technical Intern Trainees (Act
No.89 of 2016) (applicable only to the applicant or the supervising organization of
supervising-organization-type technical intern training);
(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 only to the applicant of
individual-enterprise-type technical intern training or the supervising organization of
supervising-organization-type technical intern training). 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 only 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)).