1MEMORANDUM OF COOPERATION
BETWEEN
THE MINISTRY OF JUSTICE, THE MINISTRY OF FOREIGN AFFAIRS,
THE MINISTRY OF HEALTH, LABOUR AND WELFARE AND
THE NATIONAL POLICE AGENCY OF JAPANANDTHE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF MONGOLIAONA BASIC FRAMEWORK FOR
PROPER OPERATION OF THE SYSTEM PERTAINING TO
FOREIGN HUMAN RESOURCES WITH THE STATUS OF RESIDENCEOF"SPECIFIED SKILLED WORKER"
The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of
Health, Labour and Welfare and the National Police Agency of Japan (hereinafter
referred to collectively as "Ministries and Agencies of Japan") and the Ministry
of Labour and Social Protection of Mongolia (hereinafter referred to as "Ministry
of Mongolia") share the view to enhance mutual benefits through the cooperation
between the two countries on sending and accepting specified skilled workers in
the operation of the system of acceptance (hereinafter referred to as "the system")
of human resources possessing certain expertise and skills, who have been
granted the status of residence of "Specified Skilled Worker" by the Government
of Japan (hereinafter referred to as "specified skilled workers"). Based on this
view, the Ministries and Agencies of Japan and the Ministry of Mongolia
(hereinafter referred to collectively as "Ministries and Agencies of Both
Countries") have decided to cooperate as follows:
1. Purpose
The purpose of this Memorandum of Cooperation is to protect specified
skilled workers through the smooth and proper promotion of sending and
accepting specified skilled workers to Japan from Mongolia, by means of
establishing a basic framework for cooperation in order to ensure smooth and
proper sending and accepting specified skilled workers (in particular the
elimination of malicious intermediary organizations) and to resolve the problems
of the sending and accepting and of residing in Japan of specified skilled workers,
as well as to enhance the mutual benefits of both countries through cooperation
for proper operation of the system.
2. Contact point
In order to effectively implement the cooperation under this Memorandum2of Cooperation, the Ministries and Agencies of Both Countries will designate
respectively the following contact points for both countries.
(1) For Japan:
Residency Management Division, Residency Management and Support
Department, Immigration Services Agency
(2) For Mongolia:
The General Office for Labour and Welfare Services under the Ministry of
Mongolia ("hereinafter referred to as "GOLWS")
3. Framework of cooperation
(1) Cooperation under this Memorandum of Cooperation will be conducted within
the scope of the laws and regulations in force in each country. The ministries
and agencies or ministry of one country will not disclose the confidential
information of the ministries and agencies or ministry of the other country,
obtained through cooperation and information-sharing within the framework
of this Memorandum of Cooperation, without written consent of the ministries
and agencies or ministry of the other country;
(2) Cooperation under this Memorandum of Cooperation will be implemented
taking into account labor market, economic and human resource policies and
priorities of Japan and Mongolia.
4. Information-sharing and Consultation
(1) Information-sharing
The Ministries and Agencies of Both Countries will promptly share necessary
or useful information in order to ensure smooth and proper sending and
accepting specified skilled workers and to resolve the problems of sending and
accepting and of residing in Japan of specified skilled workers. This information
includes information on the acts of intermediary organizations (including both
individuals and corporations) and GOLWS in both countries which involve in
recruitment and job seeking relating to specified skilled workers and on those
that fall the following (hereinafter referred to as "intermediary organizations for
specified skilled workers"):
(a) Managing money or other properties of specified skilled workers or
candidates of specified skilled workers (hereinafter referred to as
"specified skilled workers and candidates"), their relatives or any
person concerned, regardless of any reason such as the collection of a
deposit or any other 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;3(c) Human rights infringements against specified skilled workers and
candidates such as assaults, intimidation and restrictions of their
freedom;
(d) Using or providing forged, altered or false documents, pictures or
drawings, with the intention of obtaining permissions, visas or other
certificates fraudulently in relation to the immigration control or visa
procedures of Japan; or
(e) Collecting fees or other expenses from specified skilled workers and
candidates without indicating the calculation basis of the expense, and
making them understand the amount and breakdown of the expense.
(2) Consultations for correction of problems and other issues
The Ministries and Agencies of Both Countries will consult periodically or
from time to time to achieve the purpose set forth in 1 of this Memorandum of
Cooperation, and will make efforts to correct problems that require improvement
for proper operation of the system. The main subjects of the consultations will
be as follows:
(a) Issues related to implementation and changes of the policies of both
countries concerning the system;
(b) Issues related to ensuring the appropriateness of intermediary
organizations for specified skilled workers (including ways of
necessary corrective measures);
(c) Issues related to corrective measures for the various examinations
pertaining to sending and accepting specified skilled workers and for
improper accepting organizations in Japan, or organizations engaging
in support for foreign human resources with the status of residence of
"Specified Skilled Worker (i)", (which means support for their work
life, daily life and social life enabling specified skilled workers with
"Specified Skilled Worker (i)" in order to engage in their activities
under the status of residence stably and smoothly) and for the improper
sending organizations in Mongolia;
(d) Issues related to proper implementation of skill exams and tests to
measure Japanese language proficiency of specified skilled workers;
(e) Issues related to residence management of specified skilled workers in
Japan; and
(f) Issues including those unexpected which related to proper operation of
the system and other related systems pertaining to immigration or labor
of both countries other than the issues specified in (a) to (e) above.
5. Commitments of the Ministries and Agencies of Japan
The Ministries and Agencies of Japan will carry out the following
commitments in relation to the acceptance of the specified skilled workers from4Mongolia in accordance with the relevant laws and regulations of Japan:
(1) To examine properly whether an employment contract concluded between an
accepting organization and a specified skilled worker and a support plan for
foreign nationals with the status of residence of "Specified Skilled Worker
(i)" prepared by an accepting organization conform to the criteria specified
by the applicable laws and regulations relating to immigration (including
prescribed criteria in an employment contract for a specified skilled worker
that the amount of remuneration for specified skilled workers should be equal
to or more than the amount that a Japanese national would receive, and
criteria in a support plan for foreign nationals with the status of residence of
"Specified Skilled Worker (i)" that an accepting organization should support
job change);
(2) Regarding an application for registration by an organization which has been
entrusted based on a contract with an accepting organization and intended to
perform all the work of implementation of suitable support plans for foreign
nationals with the status of residence of "Specified Skilled Worker (i)", to
implement the duties pertaining to registration and to deny the registration if
the organization falls under the grounds for denial of registration specified
by the laws and regulations relating to immigration. To make information
on the registered organization (hereinafter referred to as "registered support
organizations") such as their names publicly available in Japan;
(3) To conduct collection of reports and provide guidance and advice to accepting
organization when deemed it necessary to secure (a) that the employment
contract for specified skilled workers and the support plan for foreign
nationals with the status of residence of "Specified Skilled Worker (i)"
conform to the criteria specified in the laws and regulations relating to
immigration, (b) that the employment contract for specified skilled workers
is properly implemented, (c) that the support plan for foreign nationals with
the status of residence of "Specified Skilled Worker (i)" for providing support
for the foreign national’s work life, day-to-day living and social life is
properly implemented, and (d) that the acceptance of the specified skilled
workers conforms to the laws and regulations relating to immigration or labor,
and when abovementioned (a) to (d) are not deemed to be secured, to make
an order for improvement according to the relevant laws and regulations as
well as to make the fact in which such order is made available in Japan;
(4) To conduct collection of reports and provide guidance and advice to registered
support organizations when deemed it necessary in order to ensure proper
operation of the system regarding that they properly implement support work
based on the support plans for foreign nationals with the status of residence5of "Specified Skilled Worker (i)" and when deemed that there is a violation,
to delete registration, if necessary;
(5) In order to secure wages, work hours, safety and health and other labor
conditions regarding specified skilled workers and properly improve work
management, to provide guidance and supervision to an accepting
organization or an intermediary organization;
(6) In order to ensure proper acceptance of specified skilled workers, to take
necessary measures to eliminate malicious intermediary organizations in
Japan in accordance with immigration, labor and other relevant laws and
regulations;
(7) When the Ministries and Agencies of Japan receive the information from the
Ministry of Mongolia on GOLWS, the only sending organization in Mongolia
that intends to send specified skilled workers to Japan, to make such
information publicly available in Japan;
(8) To notify the Ministry of Mongolia of an improvement order to an accepting
organization when making such an order, and to share the list of registered
support organizations to the Ministry of Mongolia;
(9) To require those who wish to apply for "Specified Skilled Worker (i)" to pass
skill exams and tests to measure Japanese language proficiency in principle;
(10) When those who successfully completed Technical Intern Training (ii) apply
for "Specified Skilled Worker (i)", to exempt them from passing the skill
exams and tests to measure Japanese language proficiency described in (9);
(11) When Mongolian nationals residing in Japan with a mid-to-long term status
of residence apply for changing their status of residence to "Specified Skilled
Worker (i)", to examine whether or not the applicants meet standards
stipulated by laws and regulations relating to immigration and to grant the
change of status when the applicants are considered to meet the standards;and(12) To provide necessary information when receiving inquiries from the Ministry
of Mongolia in relation to the acceptance of the specified skilled workers
from Mongolia.
6. Commitments of the Ministry of Mongolia
The Ministry of Mongolia will carry out the following commitments in6relation to sending the specified skilled workers from Mongolia in accordance
with the relevant laws and regulations of Mongolia:
(1) To designate GOLWS the only organization in Mongolia that can send
specified skilled workers of Mongolia, to make the designation publicly
available in Mongolia and to provide the Ministries and Agencies of Japan
with the information on GOLWS;
(2) To assure proper sending of specified skilled workers, by such measures as
avoiding those illustrated in (a) to (e) of 4 (1);
(3) When informed by the Ministries and Agencies of Japan of their improvement
order to an accepting organization or the list of registered support
organizations, to make the information publicly available in Mongolia;
(4) To require GOLWS which is the sending organization of Mongolia to conclude
an agreement between GOLWS and an accepting organization in pursuant to
Article 4.1.5 of Law of Mongolia on Sending Labour Force Abroad and
Receiving Labour Force and Specialists from Abroad when they conclude a
contract with regard to sending and accepting specified skilled workers;
(5) To require Mongolian specified skilled worker candidates who passed the skill
exams and tests to measure Japanese language proficiency described in 5. (9)
to register with GOLWS; and
(6) To provide necessary information when the Ministry of Mongolia receives
inquiries from the Ministries and Agencies of Japan in relation to sending the
specified skilled workers from Mongolia.
7. Cooperation in skill exams and tests to measure Japanese language proficiency
The Ministries and Agencies of Japan and the ministries in charge of
accepting specified skilled workers (hereinafter referred to collectively as
"Relevant Ministries and Agencies of Japan") will properly conduct skill exams
and tests to measure Japanese language proficiency of the specified skilled
workers, namely Japanese Language Proficiency Test (JLPT), Japan Foundation
Test for Basic Japanese (JFT Basic) and Nursing Care Japanese Language
Evaluation Test. Relevant Ministries and Agencies of Japan will provide the
Ministry of Mongolia with detailed plan of skill exams and tests to measure
Japanese language proficiency of the specified skilled workers.
If the Ministry of Mongolia and the ministry related to the tests
(hereinafter referred to collectively as "Relevant Ministries of Mongolia") are
requested by the Relevant Ministries and Agencies of Japan to cooperate in the
implementation of the tests and related programs pertaining to Japanese language7education, or in other programs related to the tests to Japanese language
proficiency which Relevant Ministries and Agencies of Japan involve, Relevant
Ministries of Mongolia will comply with the request to the extent possible.
In addition, if the Relevant Ministries and Agencies of Japan and the
Relevant Ministries of Mongolia obtain information, in relation to the tests, about
proxy test-taking, the forgery or alteration of documents certifying passing of the
test or other wrongful acts, they will share the information promptly in
accordance with the framework set out in 4 (1) in this Memorandum of
Cooperation.
8. Others
If the Ministries and Agencies of Japan deem that human resources to
make up for the labor shortage in Japan have been secured through the acceptance
of specified skilled workers in each field, they may temporarily suspend the
acceptance of specified skilled workers in accordance with the provisions of the
laws and regulations relating to immigration of Japan. In such a case, the
Ministries and Agencies of Japan will appropriately deal with the relevant issues
in accordance with the provisions of the laws and regulations relating to
immigration of Japan, taking into account the status of the employment contract
between specified skilled workers and the organization accepting them, the
operational situation and living conditions, etc.
9. Review of the framework and others
Based on a review of the system pertaining to specified skilled workers
to be implemented two years after its commencement, the framework of
cooperation between the two countries under this Memorandum of Cooperation
will be reviewed as necessary. The contents of this Memorandum of Cooperation
will be modified or supplemented as necessary with written consent of both
countries.
In case that the ministries and agencies or ministry of either country wish
to terminate the cooperation based on this Memorandum of Cooperation, the
cooperation may be terminated by a written notice to the ministries and agencies
or ministry of the other country indicating such intent, not later than ninety days
before the desired termination date.
10. Language and others
This Memorandum of Cooperation was signed in duplicate in English at
Tokyo, on April 17th
, 2019.
The cooperation under this Memorandum of Cooperation will commence
on the date of its signature.8For the Ministry of Justice of Japan For the Ministry of Labour and Social
Protection of Mongolia
For the Ministry of Foreign Affairs of
Japan
For the Ministry of Health, Labour
and Welfare of Japan
For the National Police Agency of
Japan