What permission is required to become a supervising organization?

What is a supervising organization?

A supervising organization is a non-profit organization that accepts foreign technical intern trainees in Japan and manages their employment.
As of August 2022, 8, 8 organizations are operating.
In order to conduct business, it is necessary to obtain permission from the competent minister as a supervising organization, so only organizations that have passed a strict examination can operate.

Additionally, supervising organizations are broadly divided into two types:

Specified supervision business: Can supervise practical training No. 1 and No. 2
General supervision business: Able to supervise training No. 1, No. 2, and No. 3

Every group starts with a specific group.
Once a supervising organization has accumulated a track record over many years and is recognized as meeting excellent standards, it will receive permission for general supervising business.

Please keep in mind that it is easy to misunderstand that general is better than specific.
In other words, it can be said that general supervising organizations have both a track record and credibility.

In addition, because there are disqualification grounds for the permission review of supervising organizations, even once a supervising organization becomes a supervising organization, it is constantly checked.

Requirements for becoming a supervising organization

In order to become a supervising organization, you must meet the requirements.
The five requirements are as follows:

● Be a corporation that does not aim for profit.
● Have the ability to conduct business correctly.
● Have a financial base that allows the management business to be carried out in a sound manner.
● Comply with measures to properly manage personal information.
● Implementing measures for external directors or external audits.

As a non-profit organization, it is natural that we do not aim to make profit.
The other four requirements are all things that must be observed when conducting business.

The supervising organization that supervises technical intern trainees is also an organization that supervises personal information. That point is clearly being taken into account.
If you meet these requirements, apply for permission from the competent minister.

Documents required for supervising organization permission application

To become a supervising organization, you must apply to the competent minister.
Applications should be made to the headquarters of the Organization for Technical Intern Training (listed below).

〒108-0022
LOOP-X3rd floor, 9-15-3 Kaigan, Minato-ku, Tokyo
Organization for Foreign Technical Intern Training Headquarters Office Technical Intern Training Department Examination Division
Phone: 03-6712-1023

At this time, it is important to note that even if you are planning to establish a company in Hokkaido or Okinawa, the application destination isHeadquarters onlyThat's the point

There are approximately 40 types of documents required when applying.
In addition, the following must be observed regarding the document:

● One original and one duplicate (copy) of the application form and attached documents are required.
● Print on one side of A4 paper in principle (both sides are not possible)
If there are any incompleteness, it is necessary to bring (mail) many times.

Just by looking at it, you can see that it's a bit of a hassle.
Based on the above, collect the following documents.

Supervising organization permission application form
Supervision business plan
Applicant's brief
List of association members, members, etc.
Certificate of entry
Copy of articles of incorporation or donation act
Copy of permit under Article 34, Paragraph 1 of the Seafarers Employment Security Act
Copies of balance sheets for the most recent two fiscal years
Copies of income and expenditure statements for the most recent two business years
Copies of corporate tax returns for the most recent two fiscal years
Corporate tax payment certificate for the most recent two fiscal years
Documents showing cash/deposit amount, such as a copy of a bankbook
Real estate registration certificate related to the building of the management office
A copy of the real estate lease contract of the management office
Floor plan of the building/Plan of the management office
Photos of buildings and management offices
Copy of regulations regarding proper management of personal information
Organizational system diagram of the supervising organization
A copy of the regulations related to the operation of the supervising organization's business
Applicant's written oath
Copy of officer's resident card
executive resume
Copy of resident record of supervisor
Copy of insurance card such as health insurance
Resume of supervisor
A copy of the certificate of attendance at the management supervisor training course
Appointment consent form and written oath of the manager
External auditor brief
Copies of attendance certificates of external auditors and designated external officers
External auditor’s appointment consent form and oath
Appointment consent form and written oath of designated external officer
Overview of foreign sending organization
A copy of the certificate issued by the foreign government-certified sending organization
A copy of the contract between the supervising organization and the foreign sending organization regarding the mediation of applications for group-managed technical intern training
Documents certifying that the sending organization has been registered in a foreign country (*)
Documents that clarify the laws and regulations related to the technical intern training program in the sending country (*)
Documents that demonstrate that the foreign sending organization has the ability to legally conduct business related to technical intern training in accordance with the laws and regulations related to the technical intern training system in the sending country (*)
Written oath of the foreign sending organization (*)
Letter of recommendation from a foreign sending organization (*)
Statement of expenses collected by the foreign sending organization (*)
Resume of technical intern training plan creation instructor (*)

*If the foreign sending organization is a sending organization certified by the foreign government, there is no need to submit it.
reference:Documents and list to be submitted regarding application for renewal of license validity period of the Supervising Organization of the Organization for Foreign Technical Intern Training

I need so many documents.
Please note that if there are any deficiencies, the review will be delayed as you will have to obtain the documents again.

Strict screening by the Foreign Technical Intern Training Organization

The application for a supervising organization does not end with the submission of documents.

The submitted documents will be reviewed by the Japan Technical Intern Training Organization.
In this case, not only the consistency document examination but also the supervision of the supervising organization.Visit the officeThere are times when you will be criticized in detail.
The office will be checked in detail, including whether the business is equipped with lockers with locks, which are required to manage personal information.

If there are any deficiencies in document screening or inspection, permission will not be granted, so the premises of the business must also be kept in good order.

Expiration date of permission of supervising organization

Once you obtain permission from a supervising organization, it does not mean that you can use it forever.expiration dateIs set.
As mentioned earlier, there are two types of supervising organizations, each with a different expiration date.

-	① First time	② Renewal (with excellent ability and track record)	③ Update (other than ②)
Specific supervision organization	3	5	3
General supervision organization	5	7	5

Considering that everyone starts with a specific supervising organization, it will expire after three years.
Also, even if you become a general supervising organization, you should be careful as you may be subject to improvement orders or business suspension orders.

External auditor of the supervising organization

An external auditor of a supervising organization is a person appointed by the supervising organization to conduct an audit from outside the corporation to ensure that operations such as audits of training implementers are being carried out appropriately.
External auditors have strict requirements and must:

Have taken a training course within the past 3 years
Do not fall under any of the following
1. ① Practical training implementers who are subject to training supervision and their current officers or employees within the past five years.
2. ② Current officers or employees of the training implementer who have managed the training within the past 5 years
3. ③ Spouse or relative within the second degree of ①②
4. ④ Members of the supervising organization and current officers or employees within the past five years
5. ⑤ Training implementers other than those under the umbrella or their officers and employees
6. ⑥ Officers and employees of other supervising organizations
7. ⑦ Current officers or employees of a foreign sending organization that acts as an intermediary for a supervising organization, or who have been within five years
A person who does not fall under any of the reasons for disqualifying the supervising organization's license.
Persons who have not committed any wrongdoing regarding technical intern training in the past

The external auditor must do the following at least once every three months:

● Receive reports on the status of business execution such as audits from responsible officers and managers
● Check the equipment and view books and documents at each office of the supervising organization.
● Create a document stating the above two results and submit it to the supervising organization.

In addition to this, you must accompany the supervising organization to each office at least once a year to check, and prepare and submit a document containing the results to the supervising organization.

Disciplinary actions against supervising organizations

The purpose of supervising organizations is to supervise technical intern trainees, so if they fail to do so, they will naturally be punished.
It is a business disposition under the Technical Intern Training Act.

The Minister of Justice and the Minister of Health, Labor and Welfare, who are the competent ministers, are responsible for collecting reports, ordering the submission or presentation of books and documents, ordering them to appear, asking questions, or Authorization to conduct on-site inspections is authorized.
On-site inspections conducted by the competent minister are subject to heavy penalties, and if you refuse to consent to the report or give false answers, the technical intern training plan will be canceled.Cancellation of certificationNot only is there a possibility ofPenalties(You will be subject to imprisonment for up to 6 months or a fine of up to 30 yen).

Furthermore, even in the case of on-site inspections conducted by the Japan Technical Intern Training Organization, disciplinary action such as revocation of certification of the technical intern training plan may be made only in certain cases such as false answers.
In this case, I would like to caution you that you should not improve only the points pointed out.
It will only be recognized when improvements are made, including the root cause.

The most serious punishment for a supervising organization is revocation of certification.
Once the certification is revoked, the fact thatCompany name announcedIn addition toNew technical intern training plans will not be certified for 5 years..

Course required when applying for permission

The Foreign Technical Intern Training Program stipulates that trainees must attend a training course.
Therefore, managers, designated external officers/external auditors, and technical intern training managers of supervising organizations must take a training course once every three years.
This course will be conducted during the course period determined and announced by the competent minister.
What you should keep in mind is that if non-target employees take the training every three years, the organization will be judged as an excellent supervising organization.

The course usually takes about 6 to 7 hours, although it varies depending on the position of the person taking the course.
The content of the course is everything related to technical training.

・Act on the appropriate implementation of technical intern training and the protection of technical intern trainees
・Immigration Control and Refugee Recognition Act
・Labor-related laws and regulations
・Points to note in executing duties as a supervising organization
・Compliance with the Technical Intern Training Act and promotion of fair recruitment guidance for persons handling personal information
・How to implement technical intern training
・Workplace accident prevention/workplace accident response
・How to deal with technical intern trainees, etc.

The content of the course may vary slightly depending on the position of the student.
Also, be sure to take a comprehension test at the end.
There is a passing score for this comprehension test, and those who fail will be asked to retake the test on the same day.
Please note that if you fail the retest, you will not be issued a certificate of attendance.

It is important to directly support foreign technical intern trainees by taking the course properly.

If you have any questions about the supervising organization, please contact Climb.
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