JAPAN
Human Resources Development Promotion Law
Law No. 64 of July 18, 1969
Law No. 57 of June 8, 1972
Law No. I 1 7 of Dec. 28, 1974
Law No. 36 of May 28, 1976
Law No. 40 of May 8, 1978
Law No. 68 of Dec. 20, 1979
Law No. 27 of Apr. 25. 1981
Law No. 56 of June 8, 1985
Law No. 109 of Dec. 26, 1986
Law No. 41 of June 1, 1987
Contents
Chapter 1. General Provisions (Articles 1 4)
Chapter 11. Vocational Ability Development Plan (Articles 5 7)
Chapter 111. Promotion of Vocational Ability Development
Section 1. Actions to be taken by Employers, etc. for
Promotion of Vocational Ability Development
(Articles 8 14-3)
Section 11. Implementation of Vocaitional training by the State,
Prefectures, etc. (Articles 15 23)
Section 111. Authorization of Vocational Training Conducted by
Employers, etc. (Articles 24 --26-2)
Section IV. Vocational Training Instructors, etc. (Articles
27-- 30-2)
Chapter IV. Juridical Persons for Vocational Training (Articles 31 61)
Chapter V. Trade Skill Tests (Articles 62 66)
Chapter VI. Vocational Ability Development Associations
Section 1. Central Vocational Ability Development Associa-
tion (Articles 66-2 86)
Section 11. Prefectural Vocational Ability Development Associa-
tions (Articles 86-2-94)
Chapter VIl. Vocational Ability Development Deliberative Councils (Articles 95 97)
IChapter Vll. Miscellaneous Provisions (Articles 98--102)
Chapter IX. Penal Provisions (Articles 103-108)
supplementary provisions
Chapter I. General Provisions
(Purpose)
Article 1. The purpose of this Law is, together with the Employment Measures Law (Law
No. 132 of 1966), to promote the development and improvement of workers'abilities needed
for vocations through comprehensive and systematic measures which will contribute to the
reinforcement and smoother operation of vocational training and trade skill tests and thereby
achieve security of employment and an improvement in workers'status, as well as contribute
to economic and social development.
(Definition)
Article 2. In this Law, the term "workers" means persons employed by employers (except
mariners as provided for in Article 6, paragraph I of the Mariners Employment Security Law
[Law No. 130 of 19481; in Article 99, paragraph 2 referred to as "Employed workers") and
job applicants (except persons seeking to become mariners as provided ('or in Article 6,
paragraph I of the same Law; hereinafter the same applies).
(Basic principles of the Promotion of Vocational Ability Development)
Article 3. In view of the fact that developing and improving workers'abilities needed for
voczttioils (hereinafter called "vocational ability") are indispensable for the security of
employment and the elevation of' their status as well as constituting basis for economic and
social development, the development and improvement of' vocational ability provided in this
Law shall be based on the principle that these are matters to be carried out progressively and
systematically throughout the entire period of workers' vocational lives in accordance with the
vocational wishes, aptitude and experiences of each worker so as to promptly meet
employment and industrial trends, advances in technology, changes in industrial structure and
the internationalization of economic activities.
Article 3-2. In accordance with the basic principle as provided in the preceding article,
vocational training shall be designed to stimulate the workers to make voluntary efforts for
the development and elevation of their vocational ability, trade skill tests shall be
implemented in such a manner that the vocational ability of each worker may be evaluated
properly at each stage of skill reached, and vocational training and trade skill tests shall be
conducted in close mutual relationship.
2. Vocational training shall not overlap school education under the School
Education Law (law No. 26 of 1947) but shall be provided in close connection with such
education.
3. Vocational training shall not overlap with education conducted under the Youth Class
Development Law (Law No. 211 of 1953).
4. Vocational training for youths shall especially be conducted in such a manner as will
conform to their personalities and make the most of their vocational aptitude.
5. Vocational training for the physically and mentally handicapped shall be provided with
special regard for their physical and mental conditions.
(Responsibilities of the Persons Concerned)
Article 4. The Employers shall provide their employees with necessary vocational training,
and endeavour to promote development and enhancement of the employees' vocational ability
by extending necessary aid in order to facilitate their taking of vocational training, trade skill
tests, and the like.
2. By extending necessary aid, etc., in accordance with the particular circumstances while
respecting the self-efforts of employers and other persons concerned, the State and prefectures
shall endeavor to promote and enrich vocational training conducted by employers and other
persons concerned and to encourage the employers to take measures that will facilitate the
taking of vocational training and trade skill tests by their employees. The State and
prefectures shall also endeavour to afford such vocational training as required for those
workers who wish to change their occupation and those who particularly need assistance for
the development and improvement of their vocational ability, to afford such vocational
training as required in view of the state of vocational training given by employers or
organizations of employers, and to smoothly implement trade skill tests.
Chapter II. Vocational Ability Development Plan
(Basic Plan for Vocational Ability Development)
Article 5. The Minister of Labour shall formulate a basic plan (hereinafter referred to as
the "Basic Plan for Vocational Ability Development") for the development of vocational
ability (which means vocational training, trade skill tests, and other development and
improvement of vocational ability as provided in this Law; in the next paragraph and in
paragraph I of the next article the same applies).
2. 2. The matters to be provided for in the Basic Plan for Vocational Ability
Development shall be as follows:
(1) matters concerning the supply and demand trends in the labour force, including skilled
and other labour;
(2) matters concerning targets I-or the development of vocational ability;
(3) matters concerning basic measures to be taken for the development of vocational
ability.
3. -I'he Basic Plan for Vocational Ability Development shall be formulated on the basis
of long-range prospects with respect to economic trends, labour market trends, and the like,
while taking into consideration such elements as the supply and demand situation of the
labour force, including skilled and other labour, by industry, job category, age and the size of
enterprises, the working conditions of workers, labour efficiency, etc.
4. The Minister of Labour may, if necessary, specify necessary measures for promotion
of vocational training for specified occupations, etc., in the Basic Plan for Vocational Ability
Development.
5. The Minister of Labour shall seek opinions from the Central Vocational Ability
Development Deliberative Council as well as the heads of the administrative agencies
concerned and the prefectural governors before formulating the Basic Plan for the
Development of Vocational Ability.
6. The Minister ol'l-abour shall make public an outline of the Basic Plan for Vocational
Ability Development without delay upon formulating that plan.
7. The provisions of the preceding two paragraphs shall apply mutatis mutandis to the
modification of the Basic Plan for Vocational Ability Development.
(Recommendations)
Article 6. The Minister of Labour may, where it is deemed necessary for properly
implementing the Basic Plan for Vocational Ability Development, obtain the opinion of the
Central Vocational Ability Development Deliberative Council and give organizations of
employers concerned recommendations necessary with regard to the implementation of
vocational training and with regard to measures to develop and improve the vocational ability
of the workers concerned.
(Prefectural Plan for Vocational Ability Development)
Article 7. Prefectural governors shall formulate basic plans for the development of'
vocational ability to be implemented in their respective prefectures (hereinafter referred to as
"Prefectural Plans for Vocational Ability Development"), based upon the Basic Plan for
Vocational Ability Development.
2. Prefectural governors shall seek opinions from the Prefectural Vocational Ability
Development Deliberative Councils before formulating the Prefectural Plans for Vocational
Ability Development.
3. 3. The provisions of paragraphs 2 through 4 and paragraph 6 of Article 5
shall apply mutatis mutandis to the formulation of the Prefectural Plans for Vocational
Ability Development, the provisions of paragraph 6 of the same Article and the preceding
paragraph shall apply mutatis mutandis to the modification thereof, and the provisions of the
preceding Article shall apply mutatis mutandis to the implementation thereof. In this case,
"Minister of Labour" in paragraphs 4 and 6 of Article 5 shall be read as "the prefecture";
"Minister of Labour" in the preceding Article shall be read as "prefectural governor"; and "the
Central Vocational Ability Development Deliberative Council" in the preceding Article shall
be read as "the Prefectural Vocational Ability Development Deliberative Councils."
Chapter III. Promotion of Vocational Ability
Section 1. Actions to be taken by Employers, etc. for Promotion of Vocational Ability
Development
(Securing of Various Opportunities for Vocational Ability Development)
Article 8. Employers shall pay due consideration to providing their employees with the
opportunities Article to receive the types of vational training listed hereunder or other various
such training in order that they may develop and improve their vocational ability, through the
measures set forth in the next Article and in Article 10.
(1) basic training (which means vocational training for familiarizing workers with basic
skills necessary for their occupations [including related knowledge]; hereinafter the
same applies);
(2) upgrading training (which means vocational training for upgrading the skills necessary
for their occupations conducted for workers who have already acquired a considerable
degree of skill necessary for their occupations [excluding those without basic skills],
corresponding to the level of expertise attained by such workers; hereinafter the same
applies):
(3) ability redevelopment training (vocational ti-aining for familiarizing those workers who
must change their occupations with skills necessary for their new occupations;
hereinafter the same applies).
Article 9. When employers conduct vocational training for their employees, they may
provide such training on or off the jobs of the employees by themselves individually or
jointly; or they may have their employees trained at the public vocational training centers
stipulated in Article 16, paragraph 4, or at facilities set up by others and considered
appropriate for the development and improvement of' vocational ability, and such training
shall he deemed to be vocational training conducted by that employer.
Article 10. In addition to the measures stipulated in the preceding paragraph,when
employers promote the development and improvement of vocational ability for their
employees, they shall, as needed, promote this through such means as having employees
receive education and training related to their occupations at facilities established by others,
granting paid leaves for education and training or providing other assistance necessary to
ensure to employees the opportunity to receive education and training relating to theit
occupations themselves.
2. The expression "paid leave for education and training" in the preceding paragraph
means paid leave granted to the workers who receive education and training to elevate their
professional quality or for other vocational purposes (excluding annual paid holidays
prescribed in Article 39 of the Labour Standards Law [Law No. 49 of 19471).
(Systematic Promotion of Vocational Ability Development)
Article 11. Employers shall endeavour to formulate a systematic program for vocational
training with regard to the measures stipulated in the preceding two Articles so that their
employees' vocational ability may be developed and improved progressively and
systematically.
(Vocational Ability Development Promoter)
Article 12. Employers shall endeavour to appoint a staff member who will assume the
duties described as follows (hereinafter called "vocational ability development promoter"), in
accordance with Ministry of Labour Ordinance.
(1) duties related to formulating the program set forth in the preceding Article and implementing
it smoothly;
(2) duties of counselling, giving guidance and the like for employees with respect to the measures
stipulated in Articles 9 and 10;
(3) in the event the State, prefectures, or the Central Vocational Ability Development Association
or Prefectural Vocational Ability Development Associations provide advice and
guidance or other assistance to the employer, duties relating to contacts with the State
and other bodies,
(Execution of Authorized Vocational -training)
Article 13. Employers, organizations of employers, federations of such organizations,
juridical persons for vocational training, the Central Vocational Ability Development
Association, Prefectural Vocational Ability Development Associations, juridical persons
established in accordance with Article 34 of the Civil Code (law No. 89 of 1896), trade
unions which are juridical persons, and other nonprofit juridical persons, which conduct or
intend to conduct vocational training (hereinafter referred to as "employers, etc."), may
conduct vocational training upon obtaining authorization that such training conducted by
employers, etc., meets the standards for maintaining and improving the level of' vocational
training in accordance with Sections 3 and 4. (Assistance to Employers, etc.)
Article 14. State and prefectural authorities shall endeavour to provide the following
assistance with respect to the vocational training conducted by employers, etc. and measures
taken by employers for such purposes as to facilitate the receiving of vocational training,
trade skill tests and the like by workers.
(1) sending vocational training instructors stipulated in Article 27, paragraph 1;
(2) conducting a portion of vocational training, upon being entrusted therewith;
(3) supplying information and materials;
(4) conducting advice and guidance related to the formulation and implementation of the
programs referred to in Article 11 and providing other technical assistance for the
development and improvement ofvocational ability;
(5) holding seminars for vocational ability development promoters and providing opportunities
for the mutual enlightenment of these promoters;
(6) in addition to the activities indicated in the previous items, rendering services, such as
permitting the utilization of public vocational training centers prescribed in Article 16,
paragraph 4.
2. 2. In order to properly and efficiently provide the assistance set forth in Items (3)
and (4) of the preceding paragraph, the State may take special measures such as establishment
of facilities required for that purpose.
3. In providing assistance to employers, etc., pursuant to the provisions of paragraph 1,
the State and prefectures shall maintain close contact with the Central Vocational Ability
Development Association and Prefectural Vocational Ability Development Associations.
(Aid to Employers, etc.)
Article 14-2. The State may provide aid or take other necessary measures for employers,
etc. in order to advance vocational training bv employers and to encourage employers, etc. to
take measures for granting the paid leave for education and training to workers set forth in
Article 10, paragraph 2 and in providing aid to facilitate the workers' receiving of vocational
training carried out by public vocational training centers as stipulated in Article 16, paragraph
4.
(Surveys and Research on the Development of Vocational Ability)
Article 14-3. In cooperation with the Central Vocational Ability Development Association,
the State shall conduct surveys and research on vocational training and other development
and improvement of vocational ability, shall collect and compile information on those
subjects, and shall endeavour so that employers, workers and related persons may utilize the
results of such surveys and research and such information.
Section II. Implementation of Vocational Training by The State,
Prefectures, etc.
(Securing of Various Opportunities for Vocational Ability Development)
Article 15. The State and prefectures shall pay due regard with respect to the securing of -
opportunities, through the measures stipulated in this Section as well as in Articles 13 through
the preceding Article, so that workers may develop and improve their vocational ability by
receiving various types of vocational training, including the following:
(1) basic training;
(2) upgrading training;
(3) ability redevelopment training.
2. For cases under the preceding paragraph, the State and prefectures shall establish the
facilities listed in the following items pursuant to the provisions of
the next Article to carry out the vocational training as specified in the items of
the preceding paragraph, and shall conduct the training stipulated for each of
the facilities in each of the following items respectively.
(1) vocational training center (which means a facility for the purpose of conducting basic training
[excluding that provided for by the Ministry of Labour Ordinance referred to in the next
item], upgrading training and ability redevelopment training; hereinafter the same
applies);
(2) vocational training junior college (which means a facility for the purpose of conducting basic
training courses [limited to those specifically designated by Ministry of Labour
Ordinance as vocational training in a training course for the purpose of providing
workers with the basic skills necessary for becoming highly skilled workers]; hereinafter
the same applies);
(3) skill development center (which means a facility for the purpose of conducting upgrading
training and ability redevelopment training; hereinafter the same applies);
(4) vocational training center for the disabled (which means a facility for the purpose of
conducting basic, upgrading and ability redevelopment training for persons with physical
handicaps, mental handicaps and the like who find it difficult to receive vocational
training at the facilities listed in the preceding three items, in a manner appropriate to
their ability; hereinafter the same applies).
(public Vocational Training Facilities)
Article 16. The State shall establish the vocational training Junior college(s), skill
development centers and vocational training centers for the disabled; and the prefectures shall
establish vocational training centers.
2. Besides those matters specified in the preceding paragraph, the prefectures may
establish vocational training junior college, skill development centers or vocational training
centers for the disabled, and cities, towns or villages may establish vocational training
centers, with the approval of the Minister of Labour, in accordance with Ministry of Labour
Ordinance.
3. When the State, prefectures and municipalities conduct vocational training within
facilities set up by these authorities as listed in the items of paragraph 2 of the preceding
Article, in addition to conducting such training themselves, in order to extend expeditious
and effective vocational training to workers who wish to change their occupations and the
like, the authorities stated above may conduct such training, if necessary, by having such
workers receive education and training implemented at other facilities appropriate for the
development and improvement of vocational ability, and such education and training shall
be deemed to constitute vocational training at the facilities listed in paragraph 2 of the
preceding Article.
4. Those facilities listed in the items of paragraph 2 of the preceding Article paragraph 2
established by the State, prefectures and municipalities (hereinafter referred to as "public
vocational training facilities") may operate the following activities in addition to the
vocational training stipulated in each of said items:
(1) to afford assistance for vocational training conducted by facilities other than public vocational
training facilities;
(2) to assist employers, etc. by allowing them to use the facilities in conducting trade skill tests;
(3) to undertake training to provide education on the skills necessary for those persons who are or
will be assigned to training those workers who will he employed by persons operating
businesses in overseas developing areas;
(4) in addition to the activities listed in the foregoing three items, to carry out other activities
designated by Ministry ol' Labour Ordinance which are related to vocational training or to
other matters necessary for development and improvement of vocational ability pursuant to
this Law.
5. The locations and names of the public vocational training facilities and other
necessary matters concerning their operation shall be stipulated by Ministry of Labour
Ordinance for facilities established by the State, and by ordinance for facilities established
by prefectures and municipalities.
6. Out of the vocational training centers for the Disabled established under the
provisions of paragraph 1, the operation of those centers specified by Ministry of Labour
Ordinance shall be carried out by the Iapan Association for Employment Promotion for the
Disabled in accordance with Chapter 11, Section IV of the Law for the Employment
Promotion of the Disabled; and the State may entrust operation of those centers other than
those specified by Ministry of Labour Ordinance to prefectures.
7. The heads of the public vocational training facilities shall be persons of high
knowledge about vocational training.
(Restriction on Use of Names)
Article 17. Facilities other than the public vocational training facilities
(excluding those established according to the provisions of Article 25) shall not use the
characters for vocational training center, vocational training junior college, skill development
center or vocational training center for the disabled in their names.
(Consideration by the State, Prefectures and Municipalities)
Article 18. In establishing and operating public vocational training facilities, the State,
prefectures, and municipalities shall give due consideration so that their facilities do not
overlap each other and can function to the fullest extent.
2. The State, prefectures and municipalities shall give sufficient consideration to the
timing of commencement, the term the contents and the like of their vocational training, so
that such training may contribute to employment stability and industrial development in the
relevant area.
(Standards for Vocational Training)
Article 19. public vocational training facilities shall conduct the vocational training set forth
in the items of Article 1 5, paragraph 1, in conformity with the standards provided by
Ministry of Labour Ordinance, with a view to maintaining or raising the level of such training
concerning the curriculum, training hours, equipment or other matters specified by Ministry
of Labour Ordinance for each course of training conducted by these facilities.
2. ]-he categories of courses of training mentioned in the preceding paragraph shall he
specified by Ministry of Labour Ordinance.
(Teaching and Training Materials)
Artiele20. In the courses of vocational training conducted by public vocational training
facilities, as set forth in the 'Items of Article 15, paragraph I (hereinafter referred to as "public
vocational training"), public training facilities shall endeavour to use textbooks or other
teaching and training materials authorised by the Minister of' Labour-
(Skill Verification)
Article21. 'I-he heads of public vocational training facilities shall conduct verification of
skills (hereinafter "skill verification") for those workers who take public vocational training
(limited to the basic training courses specified by Ministry of Labour Ordinance).
2. A worker who has successfully passed skill verification may call himself or herself a
junior certified skilled worker.
3. The standards for skill verification and other necessary matters concerning execution
of such verification shall be specified by Ministry of Labour Ordinance.
(Completion Certificate)
Article 22. The heads of public vocational training facilities shall issue completion
certificates to those workers who have completed public vocational training courses, in
accordance with Ministry of Labour Ordinance.
(Measures for Job Applicants Taking Vocational Training)
Article 23. Out of vocational training, basic training (limited to that specified by Ministry
of Labour Ordinance) and ability redevelopment training at vocational training centers, ability
redevelopment training at skill development centers, and vocational training at vocational
training centers for the disabled shall be provided to job applicants free of charge.
2. The State and prefectures may grant an allowance to job applicants taking vocational
training specified in the preceding paragraph, in accordance with the provisions of the
Employment Measures Law.
3. The heads of public vocational training facilities shall endeavour to take measures
necessary for assistance in the finding of employment by job applicants who receive public
vocational training, in close contact with the chiefs of public employment security offices.
Section 111. Authorization of Vocational Training Conducted
by Employers, etc.
(Authorization of Vocational Training by Prefectural Governors)
Article 24. Uponapplicationfromemployers,theprefecturalgovernorsmay authorize basic
training, upgrading training or ability redevelopment training, out of vocational training, as
meeting the standards set by Ministry of Labour Ordinance under the provisions of Article 19,
paragraph 1; provided, however, that this shall not apply to a case where the governor
considers that the employer, etc., concerned does not have the ability to carry out the
vocational training concerned properly.
2. In granting authorization under the provisions of the preceding paragraph, the
prefectural governor shall obtain the views of the Chief of the Prefectural Labour Standards
Office, unless otherwise stipulated by Ministry of Labour Ordinance, when workers taking
the vocational training are subject to orders under the provisions of Article 70 of the Labour
Standards Law or to Ministry of Labour Ordinance under the provisions of paragraph 4 of
Article 61 of the Industrial Safety and Health Law (Law No. 57 of 1972).
3. The prefectural governor may cancel the authorization concerned, when the governor
considers that the vocational training authorized under the provisions of paragraph I
(hereinafter referred to as "authorized vocational training") no longer meets the standards set
by Ministry of Labour Ordinance under the provisions of Article 19, paragraph 1, or when the
employer, etc., no longer provides the authorized vocational training concerned, or when the
governor considers that the employer, etc., is no longer able to carry out the authorized
vocational training concerned properly.
(Vocational Training Facility Established by Employers, etc.)
Article 25. An employer, etc., who provides authorized vocational training may
establish a vocational training center, a vocational training junior college or a skill
development center as vocational training facilities, in accordance with Ministry of Labour
Ordinance.
(Cooperation of Employers, etc.)
Article 26. An employer, etc., who provides authorized vocational training shall, within
limits that do not hinder his or her business, endeavour to make the facilities for authorized
vocational training available for vocational training provided by other employers, etc., or to
provide, under commission, vocational training to workers employed, etc., by other
employers, etc.
(Mutatis Mutandis Application)
Article 26-2. The provisions of Articles 20 to 22 shall apply mutatis mutandis to the
authorized vocational training. In this case, "heads of public vocational training facilities" in
Article 21, paragraph I and Article 22 shall be read as "employers. etc., conducting authorized
vocational training."
Section IV. Vocational Training Instructors, etc.
(Institute of Vocational Training)
Article 27. The Institute of Vocational Training shall conduct training (hereinafter referred
to as "instructor training") to foster persons (hereinafter referred to as "vocational training
instructors') to take charge of training in public and authorized vocational training (hereinafter
referred to as "statutory vocational training") or to improve their ability (hereinafter referred
to as "vocational training instructor"), by imparting necessary skills to vocational training
instructors or persons who desire to become vocational training instructors, and shall carry
out surveys and research on the development and improvement of vocational ability.
2. The Institute of Vocational Training, besides the services specified in the preceding
paragraph, may perform such other activities necessary for vocational training and for the
development and improvement of vocational ability prescribed in this Law as specified by
Ministry of Labour Ordinance.
3. The State shall establish the Institute of Vocational Training.
4. No person other than the Institute of Vocational I raining shall use in its
appellation the characters for Institute of Vocational Training.
5. The provisions of Article 16, paragraph 5 (limited to the part regarding the public
vocational facilities established by the State), and paragraph 7 and Article 23, paragraph 3
shall apply mutatis mutandis to the Institute of Vocational Training. In this case, "receive
public vocational training" in Article 23, paragraph 3 shall be read as "receive instructor
training provided for in Article 27, paragraph 1.
(Standards, etc., for Instructor Training)
Article 27-2. The categories of instructor training courses and the standards for the
curriculum, training hours, facilities, and other matters for each such course shall be specified
by Ministry of Labour Ordinance.
2. The provisions of Articles 22 and 24 shall apply mutatis mutandis to instructor
training. In this case, "heads of public vocational training facilities" in Article 22 shall be
read as "head of the Institute of Vocational Training and the employers, etc. who conduct
instructor training stipulated in Article 27, paragraph I connected to the authorization under
Article 24, paragraph I as applied mutatis mutandis under Article 27-2, paragraph 2" and
"Article 19, paragraph 1" in Article 24, paragraphs I and 3 shall be read as "Article 27-2,
paragraph I."
(Vocational Training Instructor's License)
Article 28. The vocational training instructors for basic training (excluding that provided
for by the Ministry of Labour Ordinance under Article 15, paragraph 2, Item 2) and ability
redevelopment training, out of the statutory vocational training, shall be persons holding
licenses granted by the Minister of Labour.
2. The license mentioned in the preceding paragraph (hereinafter referred to as
"vocational training instructor's license") shall be granted for each trade specified by Ministry
of Labour Ordinance.
3. A vocational training instructor's license shall be issued upon application to a person
falling under any of the following items:
(1) a person who has completed the training course stipulated by Ministry of Labour Ordinance,
out of instructor training;
(2) a person who has passed the vocational training instructor examination as specified in
paragraph I of Article 30;
(3) a person recognized as having equal or higher ability with respect to a vocational training
instructor's duties as compared with the persons mentioned in the preceding two items.
4. The scope of persons mentioned in item 3 of the preceding paragraph shall be
specified by Ministry of Labour Ordinance.
5. Despite the provisions of paragraph 3, a person falling under any of the following
items shall not be able to acquire a vocational training instructor's license:
(1) a person adjudicated incompetent or quasi-incompetent;
(2) a person subjected to imprisonment without hard labour, or to a heavier penalty;
(3) a person whose license for vocational training instructor has been cancelled and for whom a
period of two years has not elapsed since the date of cancellation.
(Cancellation of a Vocational Training lnstructor's License)
Article 29. The Minister of Labour shall cancel the vocational training instructor's license
of a person who has fallen under item I or 2 of paragraph 5 of the preceding Article.
2. The Minister of Labour may cancel the vocational training instructor's license of a
person who has committed misconduct not appropriate for a vocational training instructor.
3. Before cancelling a vocational training instructor's license under the provisions of the
preceding paragraph, the Minister of Labour shall hold a hearing for the person in question,
designating the date and the place in advance. At the hearing, the person in question shall be
given an opportunity to state opinions and present evidence.
(Vocational Training Instructor Examination)
Article 30. The vocational training instructor examination shall be carried out by the
Minister of Labour.
2. The vocational training instructor examination referred to in the preceding paragraph
(hereinafter referred to as "vocational training instructor examination") shall consist of
practical and academic examinations.
3. The following persons shall be eligible to take the vocational training instructor
examination:
(1) a person who has passed a trade skill test referred to in paragraph I of Article 62;
(2) a person who has practical experience as specified by Ministry of Labour Ordinance;
(3) a person recognized as having equal or higher ability as compared with the persons mentioned
in the preceding two items.
4. The scope of persons mentioned in item 3 of the preceding paragraph shall be
specified by Ministry of Labour Ordinance.
5. The Minister of Labour may, in accordance with Ministry of Labour Ordinance,
exempt those persons having certain qualifications from the whole or part of the practical
and,/ or academic examinations stipulated in paragraph 2.
6. A person falling under any ot'the items of paragraph 5 of Article 28 shall not he
eligible to take the vocational training instructor examination.
(Special Provisions for Qualifications for Vocational Training Instructor)
Article 30-2. Vocational training instructors for the basic training stipulated by Ministry of
Labour Ordinance under Article 15, paragraph 2, Item 2, out of the statutory vocational
training, shall be the persons specified by Ministry of Labour Ordinance as those persons
(except the persons provided for in the items of paragraph 5 of Article 28) having
considerable knowledge or skill, from among those persons who possess the same or greater
ability than those persons listed in the items of paragraph 3 of Article 28 with respect to the
curriculum of the training concerned.
2. The vocational training instructors for the short term course of the vocational training
provided for in Article 28, paragraph I or for such other training as specified by Ministry of
Labour Ordinance (other than the persons provided for in the items of paragraph 5 of Article
28) shall not be required to hold a vocational training instructors licenses with respect to the
curriculum of the training course concerned, regardless of the provisions of Article 28,
paragraph 1, if they are regarded as persons with ability corresponding to those persons listed
in the items of paragraph 3 of Article 28 concerning the curriculum concerned.
Chapter IV. Juridical Persons for Vocational Training
(Juridical Persons for Vocational Training)
Article 31. An association or foundation which carries out authorized vocational
training may become a juridical person for vocational training under the provisions of this
Law.
(.Iuridical Personality, etc.)
Article 32. A juridical person for vocational training shall be a juridical person.
2. No person other than a juridical personfor vocational training shal luse in its
appellation the characters for juridical person for vocational training.
(Business)
Article 33. A juridical person for vocational training may,besides conducting
authorized vocational training, carry out the whole or a part of the following businesses:
( 1) providing information and material on vocational training;
(2) conducting surveys and research on vocational training;
(3) conducting activities necessary for vocational training or for the development and
improvement ol'vocational ability stipulated in this law. in addition to those activities
provided in the preceding two items.
(Registration)
Article 34. A juridical person for vocational training shall register in accordance with
Cabinet Order.
2. Those items subject to registration under the provisions of the preceding paragraph
may not be interposed against a third party until after registration.
(Establishment, etc.)
Article 35. A Juridical person for vocational training shall not be established unless
authorization by the prefectural governor has been obtained.
2. A juridical person for vocational training shall specify the following matters in its
articles of incorporation in case it is a corporation and in its act of endowment in case it is a
foundation:
(1) purposes;
(2) name;
(3) in the case of setting up facilities for authorized vocational training, their location and
name;
(4) the location of the main office;
(5) in the case of a juridical person for vocational training that is an association, matters
concerning the qualifications for its members;
(6) in the case of ajuridical person for vocational training that is an association, matters
concerning meetings;
(7) matters concerning executives;
(8) matters concerning accounting;
(9) matters concerning dissolution;
(10) matters concerning modification of the articles of incorporation or the act of endowment;
(11) method of public announcements.
3. Executives at the time of establishment of ajuridical person for vocational training
shall he specified in its articles of incorporation or act of endowment.
4. Apart from those matters specified in this Chapter, necessary matters regarding the
application for approval of the establishment of ajuridical person for vocational training shall
he provided for by Ministry of Labour Ordinance.
(Approval of Establishment)
Article 36. The prefectural governor shall approve the establishment of a juridical person
for vocational training upon application made under the provisions of paragraph I of the
preceding Article, except for cases falling under anv of the following items:
(1) when the articles of incorporation or act of endowment of the association or foundation for
which the application has been made violates laws or ordinances;
(2) when the association or foundation for which the application has been made is deemed to not
have the ability to execute its business properly because of lack of the necessary
managerial basis or other reasons.
(Time of Establishment, etc.)
Article 37. The juridical person for vocational training shall come into being by registering
its establishment at the place where its main office is located.
2. The juridical person for vocational training shall, within two weeks from the date of
establishment, notify the prefectural governor to that effect.
(Ban on Auditors Assuming Other Positions)
Article 38. If there is an auditor of the juridical person for vocational training, the auditor
shall not simultaneously become a director or member of the staff of a juridical person for
vocational training staff of.
(Modification of the Articles of Incorporation or Act of Endowment)
Article 39. Any modification of the articles of incorporation or act of endowment
(excluding those matters set forth in Article 35, paragraph 2, item 4 or specified by Ministry
of Labour Ordinance) shall not become effective unless approved bv the prefectural governor.
2. The provisions of Article 36 shall apply mutatis mutandis to the approval referred to
in the preceding paragraph.
3. A juridical person for vocational training that has modified the articles of
incorporation or act of endowment related to the items stipulated in the Ministry of Labour
Ordinance referred to in paragraph I endowment shall notify the prefectural governor to that
effect without delay.
(Dissolution)
Article 40. A juridical person for vocational training shall be dissolved for the following
reasons:
(1) occurrence of any of the reasons for dissolution specified in the articles of incorporation or
act of endowment;
(2) failure to achieve the purposes of the business;
(3) resolution at a general meeting, in the case of a juridical person for vocational training that is
an association;
(4) lack of members, in the case of a juridical person for vocational training that is an
association;
(5) bankruptcy;
(6) cancellation of approval of establishment.
2. Dissolution for the reason in item 2 of the preceding paragraph shall not become
effective unless approved by the prefectural governor.
3. When a juridical person for vocational training has dissolved for the reasons in items
1, 3 or 4 of the preceding paragraph, the liquidator shall notify the prefectural governor to that
effect.
(Ownership of Residual Property)
Article 41. The residual property of a dissolved juridical person for vocational training
shall belong to the person as specified in its articles of incorporation or act of endowment. In
this case, the amount of the residual property of a dissolved juridical person for vocational
training that was an association to be returned to an investor in that association shall be
within the limits of the amount of that investor's investment.
2. Of the residual property of a dissolved juridical person for vocational training which
was an association, the liquidator shall turn over any portion not disposed of pursuant to the
preceding paragraph upon obtaining the consent of all the members and approval by the
prefectural governor.
3. Of the residual property of a dissolved juridical person for vocational training which
was a foundation, the liquidator shall turn over any portion not disposed of pursuant to
paragraph I to another person who carries out vocational training obtaining approval by the
prefectural governor.
4. Any residual property of a dissolved juridical person for vocational training not
disposed of pursuant to the preceding two paragraphs shall belong to the prefecture.
(Cancellation of Approval of Establishment)
Article 42. The prefectural governor may cancel the approval of establishment of a
juridical person for vocational training falling under any of the following items:
(1) when the juridical person for vocational training has failed to provide authorized vocational
training for one year or longer without a proper reason;
(2) when its operations violate laws, ordinances or its articles of incorporation or act of
endowment, or are markedly unreasonable, and no improvement is anticipated.
(Mutatis Mutandis Application)
Article 43. The provisions of Articles 40 to 42, 44, and 50 to 66 and paragraphs I and 3 of
Article 67 of the Civil Code shall apply mutatis mutandis to the establishment, management
and operations of juridical persons for vocational training; and the provisions of Articles 69,
70, and 73 to 76; Article 77, paragraph 2 (limited to the part concerning notification); Articles
78 to 81, 82 (excluding the part concerning dissolution) and 83 of the Civil Code and the
provisions of Article 35, paragraph 2 (excluding the part concerning dissolution); Articles 36
and 37-2; Article 135-25, paragraphs 2 and 3; and Articles 136, 137 and 138 of the Law on
Procedures in Non-Contentious Cases (Law No. 14 of 1898) shall apply mutatis mutandis to
the dissolution and liquidation of juridical persons for vocational training. In these cases, the
expression "the court on the basis of a request by interested persons or the public prosecutors"
in Articles 40 and 56 of the Civil Code shall be read as "the prefectural governor on the basis
of a request by interested persons or ex officio"; the expression "upon gaining approval for
establishing the juridical person" in paragraph I of Article 42 of the same Code shall be read
as "upon establishment of the juridical person for vocational training"; the expression "The
competent Government agencies" in Article 59, item 3; Article 67; Article 77, paragraph 2
and Article 83 of the same Code shall be read as "The prefectural governor"; and the
expression "The Government agencies" in paragraphs 2 and 3 of Article 135-25 of the Law on
Procedures in NonContentious ('ases shall be read as "The prefectural governor."
Articles 44 to 61. Deleted
Chapter V. Trade Skill Tests
(Trade Skill Tests)
Article 62. The Minister of Labour shall carry out trade skill tests, classified into grades
prescribed by Ministry of Labour Ordinance, for each trade 'fied by Cabinet Order; provided,
however, that for those trades specified by Ministry of Labour Ordinance as not appropriate to
being classified intogrades, the trade skill tests shall be conducted without being classified
into grades. 2. The trade skill tests referred to in the preceding paragraph (hereinafter
referred to as "trade skill tests" in this Chapter) shall consist of practical and academic
examinations.
3. The standards for the practical and academic examinations referred to in the preceding
paragraph (hereinafter referred to as "trade skill examinations") and other necessary matters
for execution of trade skill tests shall be provided for by Ministry of Labour Ordinance.
4. The provisions of paragraph 5 of Article 30 shall apply mutatis mutandis to trade skill
examinations.
(Qualification for Test)
Article 63. Persons who may take the trade skill tests shall be as follows:
(1) those who have completed statutory vocational training and have practical experience
as specified by Ministry of Labour Ordinance;
(2) those who are the equivalent of persons under the preceding item and are specified by
Ministry of Labour Ordinance.
(Execution of Trade Skill Tests)
Article 64. The Minister of Labour shall each year formulate a plan for execution of trade
skill tests and make it known to the persons concerned.
2. The Minister of Labour shall have the prefectural governors carry out trade skill
examinations and other duties relating to trade skill tests, as specified by Cabinet Order.
3. The Minister of Labour may have the Central Vocational Ability Development
Association carry out part of the creation of trade skill examination questions, formulation of
examination execution procedures, technical guidance on execution of trade skill
examinations, and other duties relating to trade skill examinations.
4. The prefectural governor may have the Prefectural Vocational Ability Development
Association carry out part of the execution of trade skill examinations and other duties
relating to trade skill examinations.
5. The Minister of Labour may, when the Minister deems it particularly necessary,
entrust a part of the duties concerning trade skill examinations to employers or organizations
of employers designated in advance for that purpose, in accordance with Ministry of Labour
Ordinance.
(Certificate of Passing)
Article 65. A certificate of passing shall be issued to those who have passed trade skill
tests, in accordance with Ministry of Labour Ordinance.
(Title of Those Who Have Passed)
Article 66. Those who have passed trade skill tests may call themselves certified skilled
workers, in accordance with Ministry of Labour Ordinance.
2. Those who are not certified skilled workers shall not use the title of
certified skilled workers.
Chapter VI. Vocational Ability Development Associations
Section 1. Central Vocational Ability Development Association
(Purpose)
Article 66-2. The Central Vocational Ability Development Association (hereinafter referred
to as the "Central Association"), in order to contribute to the realization of the basic principle
of promoting the development and improvement of vocational ability, shall help in the sound
development of the Prefectural Vocational Ability Development Associations and shall
promote the development of vocational ability provided for in Article 5, paragraph I (in
Article 69 paragraph 1, simply referred to as "development of vocational ability"), in close
contact with the State and prefectures.
(Personality, etc.)
Article 67. The Central Association shall be a juridical person.
2. No person other than the Central Association shall use in its appellation the characters
for Central Vocational Ability Development Association.
(Number)
Article 68. These shall be only one Central Association throughout Japan. (Activities)
Article 69. The Central Association shall conduct the following activities to achieve the
purposes set forth in Article 66-2:
(1) giving guidance to and maintaining contact with members in connection with services
pertaining to vocational training, trade skill tests and other vocational ability
development rendered by members;
(2) training of personnel engaged in vocational training conducted by employers, etc., and of
Prefectural Trade Skill Test Commissioners;
(3) providing and publicizing information and materials on vocational training, trade skill tests
and other matters related to vocational ability development;
(4) conducting surveys and research on vocational training, trade skill tests and other matters
related to vocational ability development;
(5) promoting international cooperation in regard to vocational training, trade skill tests and other
matters related to vocational ability development;
(6) conducting other services necessary to promote the development of vocational ability, in
addition to those activities listed in the preceding items.
2. The Central Association shall render services concerning trade skill examinations as
specified in paragraph 3 of Article 64, in addition to those activities listed in each item of the
preceding paragraph.
(Qualifications for Members)
Article 70. Those who are qualified for membership in the Central Association shall be as
follows:
(1) prefectural Vocational Ability Development Associations;
(2) national organizations conducting activities to promote vocational training and trade
skill tests;
(3) persons specified in the articles of incorporation, in addition to those listed in the
preceding two items.
(Membership)
Article 71. All Prefectural Vocational Ability Development Associations shall be members
of the Central Association.
2. The Central Association may not refuse the entry nor impose unreasonable conditions
on the entry of the persons listed in items 2 or 3 of the preceding Article without a proper
reason.
(Membership Fee)
Article 72. The Central Association may collect a membership fee from its members, in
accordance with the articles of incorporation.
(Promoters)
Article 73. In order to establish the Central Association, it shall be required that five or
more of the Prefectural Vocational Ability Development Associations become promoters.
(Inaugural General Meeting)
Article 73-2. Upon having prepared the articles of incorporation and published them
together with the date and place of the meeting at least 2 weeks before the opening day of the
meeting, the promoters shall hold the inaugural general meeting.
2. The approval of the articles of incorporation and the decision on any other matters
necessary for establislinient shall he decided by the inaugural generzil illecting.
3. The proceedings of the inaugural general meeting shall be decided by a two-thirds
majority vote of those present, the quorum being the presence of at least half of the parties
with the qualifications for membership who have notified the promoters of their intention to
become members by the first day of tile inaugural general meeting.
(Approval of Establishment)
Article 74. The proposers shall obtain approval for the establishment of the Central
Association by submitting to the Minister of Labour the articles of incorporation and other
documents containing matters as fixed by Ministry of Labour Ordinance without delay after
the inaugural general meeting is closed.
(Articles of Incorporation)
Article 75. The following items shall be set forth in the articles of incorporation of the
Central Association: (1) purposes;
(2) appellation;
(3) location of main office;
(4) matters concerning activities;
(5) matters concerning qualifications for membership;
(6) matters concerning meetings;
(7) matters concerning executives;
(8) matters concerning advisors;
(9) matters concerning Central Trade Skill Test Commissioners;
(10) matters concerning accounting;
( 11) matters concerning membership fees;
(12) business year;
(13) matters concerning dissolution;
(14) matters concerning revision of the articles of incorporation;
(15) method of public notice.
2. A revision of the articles of incorporation shall not become effective unless approved
by the Minister of Labour.
(Executives)
Article 76. The Central Association shall have as executives one president, one director-
general, up to five directors and up to two auditors.
2. The Central Association may have, in addition to the directors and auditors mentioned
in the preceding paragraph, part-time directors and auditors as executives, in accordance with
the articles of incorporation.
3. The president shall represent the Central Association and administer its business.
4. The director-general shall represent the Central Association, and, in accordance with
the articles of' incorporation, assist the president in managing the business, act in the
president's place In case of an accident to the president, and carry out the duties of the
president if the presidency is vacant.
5. The directors shall, in accordance with the articles of incorporation, assist the
president and director-general in managing the business, act in their place in case of accidents
to both the president and director-general, and carry out their duties if their posts are vacant.
6. The auditors shall audit the business and accounts of the Central Association.
7. The auditors shall not he concurrently appointed as the president, director-general,
directors or personnel of the Central Association. (Appointment, Dismissal and Term of
Office of the Executives)
Article 77. The executives shall be appointed or dismissed by a general meeting, in
accordance with the articles of incorporation; provided, however, that the executives at the
time of the establishment of the Central Association shall be appointed by the inaugural
general meeting.
2. The appointment of the executives as specified in the preceding paragraph shall not
take effect unless approved by the Minister of Labour.
3. The term of office of the executives shall be a term not longer than four years, as fixed
in the articles of incorporation; provided, however, that the term of office of the executives at
the time of the establishment of the Central Association shall be a period not longer than two
years. as fixed by the inaugural general meeting.
(Limitations on Representative Authority)
Article 77-2. The president or director-general of the Central Association shall not have
authority to represent the organization in issues in which their interests conflict with those of
the Association. In these cases, the auditors shall represent the Association, in accordance
with the articles of incorporation.
(Advisors)
Article 77-3. The Central Association may have advisors.
2. The advisors shall participate in important matters concerning the administration of
the business of the Central Association.
3. The advisors shall be appointed by the president from among persons of learning and
experience regarding vocational training or trade skill tests.
4. Apart from those matters provided for in the preceding 3 paragraphs, necessary
matters concerning advisors shall be provided for by the articles of incorporation.
(Central Trade Skill Test Commissioners)
Article 77-4. In a case when the Central Association conducts business concerning the
preparation of examination papers and procedures for executing trade skill examinations
under the provisions of paragraph 2 of Article 69 or other technical matters concerning the
execution of trade skill examinations, the Central Association shall have Central Trade Skill
Test Commissioners conduct such business.
2. The Central Association, in appointing Central Trade Skill Test Commissioners, shall,
in accordance with Ministry of Labour Ordinance, appoint them from among persons having
qualifications set forth by Ministry of Labour Ordinance.
(Submission and Keeping of Documents Related to Account Settlement, etc.)
Article 77-5. The president shall submit the business report, balance sheet, account
settlement and inventory of assets to the auditors at least I week before the opening day of the
ordinary general meeting and shall keep copies of those documents at the main office.
2. The president shall submit the documents stipulated in the preceding paragraph,
together with the opinion in writing of the auditors, to the ordinary general meeting and seek
its approval.
(General Meeting)Article 77-6. The president shall convene an ordinary general meeting
once in each business year, as provided for by the articles of incorporation.
2. The president may convene an extra general meeting if the president considers it
necessary.
3. The following matters shall be subject to decision by the general meeting:
(1) revision of the articles of incorporation;
(2) decision on or revision of business programs and budgets;
(3) dissolution;
(4) expulsion of a member;
(5) matters specified in the articles of incorporation, in addition to those matters listed in the
preceding items.
4. The proceedings of the general meeting shall be decided by a majority vote of those
present with at least half of the total members present; provided, however, that the
proceedings on the matters stated in items 1, 3 and 4 of the preceding Article shall be decided
by at least a two-thirds majority vote of those present with at least half of the total members
present.
(Dissolution)
Article 78. The Central Association shall be dissolved for the following reasons:
(1) decision by the general meeting;
(2) bankruptcy;
(3) cancellation of the authorization of establishment.
2. The dissolution of the Central Association for the reason listed in item I of the
preceding paragraph shall not take effect unless approved by the Minister of Labour.
(Liquidator)
Article 79. The liquidator of the Central Association shall be appointed by the general
meeting in case of dissolution under the provisions of item I of paragraph I of the preceding
Article, or by the Minister of Labour in case of dissolution under item 3 of the same
paragraph.
(Disposition of Assets, etc.)
Article 80. The liquidator shall work out a method for disposing of the assets of the Central
Association and refer it to the Minister of Labour for approval after obtaining the consent
from the general meeting; provided, however, that decision by the general meeting shall not
be required if the general meeting fails to make a decision or is unable to make a decision on
the method.
2. In case the liquidator works out a method for disposing of the assets of the Central
Association pursuant to the preceding paragraph, the remaining assets shall he consigned to
other organizations promoting vocational training or trade skill tests similar to those
conducted by the Central Association.
3. The remaining assets, in case no such organization as referred to in the preceding
paragraph exists, shall be contributed to the State.
(Submission of Financial Reports)
Article 81. The Central Association shall submit the documents specified in paragraph I of
Article 77-5 to the Minister of Labour every business year, within one month from the day
when the regular general meeting is closed.
(Reports, etc.)
Article 82. The Minister of Labour may, when the Minister deems it necessary, have the
Central Association make necessary reports on matters relating to its business, or have the
Minister's personnel enter the office of the Association to inspect the circumstances of its
business or books, documents or other articles.
2. The personnel who make inspections pursuant to the preceding paragraph
shall carry identification cards and show them to the persons concerned.
3. The inspection authority as stipulated in paragraph I shall not be interpreted as conferred for
criminal investigation. (Recommendations, etc.)
Article 83. The Minister of Labour may, in case the Minister deems the activities of the
Central Associations to be in violation of laws or ordinances or the articles of incorporation,
or to be improper, recommend the Association to correct them and, in case the Association
fails to comply with the recommendation and no rectification in this connection is made, may
make either of the following dispositions:
(1) suspending the whole or a part of the activities of the Central Association;
(2) cancelling the approval of establishment.
(Subsidies to the Central Association)
Article 84. The State may grant to the Central Association subsidies necessary for its
business.
(Obligation of Executives, etc., of the Central Association to Keep Secrets)
Article 85. Executives or personnel of the Central Association (including Central Trade
Skill Test Commissioners) or their predecessors shall not disclose or use by stealth any
secrets concerning activities related to trade skill tests of the Central Association they have
obtained through their duties.
(Mutatis Mutandis Application)
Article 86. The provisions of Article 34 shall apply mutatis mutandis to the
registration of the Central Association; the provisions of Article 37 and Article 44, Article 50,
Article 56, Article 61, paragraph 2, Article 62 and Articles 64 to 66 of the Civil Code shall
apply mutatis mutandis to the establishment, administration and operation of the Central
Association; and the provisions of Articles 70, 73, 75, 76, 78 to 81, 82 (except for the portion
concerning dissolution) and 83 of the Civil Code and Article 35, paragraph 2 (except for the
portion concerning dissolution), Article 36, Article 37-2, Article 135-25, paragraphs 2 and 3,
and Articles 136, 137 and 138 of the Law on Procedures in Non-Contentious Cases shall
apply mutatis mutandis to the dissolution and liquidation of the Central Association. In these
cases, the expression "prefectural governors" in paragraph 2 of Article 37 shall be read as
"Minister of Labour"; the expression "the court, on the basis of a request by interested persons
or the public prosecutors" in Article 56 of the Civil Code shall be read as "the Minister of
Labour, on the basis of a request by interested persons or ex officio," and the expression
"preceding Article" in Article 75 of the same Code shall he read as "Article 79 of the
Vocational Ability Development Promotion Law (I,aw No. 64 of 1969)."
Section 11. Prefectural Vocational Ability Development Associations
(Purpose)
Article 86-2. Prefectural Vocational Ability Development Associations (hereinafter
referred to as "Prefectural Associations'), in order to contribute to the realization of the basic
principle of promoting the development and improvement of vocational ability, shall promote
the development of vocational ability provided for in Article 5, paragraph I (simply referred
to as "development of vocational ability" hereinafter) within the prefecture concerned, in
close contact with the prefectural government concerned.
(Personality, etc.)
Article 87.The Prefectural Association shall be a juridical person.
2. No person other than a Prefectural Association shall use in its appellation the
characters for Prefectural Vocational Ability Development Association (Number)
Article 88. One Prefectural Association shall be established in each prefecture and its
jurisdictional area shall be the area of the prefecture.
(Activities)
Article 89. The Prefectural Associations shall conduct the following activities to achieve
the purposes set forth in Article 86-2:
(1) giving guidance to and maintaining contact with their members in connection with services
pertaining to vocational training, trade skill tests and other matters related to vocational
ability development;
(2) consulting with and giving necessary guidance and assistance to employers, workers, etc., on
technical matters in regard to vocational training;
(3) providing employers, workers, etc. with information on skilled workers;
(4) training personnel engaged in vocational training undertaken by employers, etc. within the
jurisdictional area;
(5) providing and making public information and materials on vocational training, trade skill
tests and other matters related to vocational ability development conducted within the
jurisdictional area;
(6) conducting surveys and research on vocational training, trade skill tests and other matters
related to vocational ability development conducted within the jurisdictional area;
(7) conducting other activities needed to promote vocational ability development within the
jurisdictional area, in addition to those matters listed in the preceding items.
2. The Prefectural Association shall conduct activities concerning trade skill
examinations provided for in paragraph 4 of Article 64, in addition to those matters specified
in the items of the preceding paragraph.
(Qualifications for Members)
Article 90. Those who are qualified for membership in a Prefectural Association shall be as
follows:
(1) employers, etc., who have offices within the jurisdictional area of the Prefectural Association
and provide vocational training;
(2) persons who conduct activities to promote vocational training or trade skill tests within the
jurisdictional area of the Prefectural Association and are listed in the articles of
incorporation;
(3) persons specified in the articles of incorporation, in addition to those listed in the preceding
two items.
2. A Prefectural Association may not refuse the entry nor impose unreasonable
conditions on the entry of the persons listed in the items of the preceding paragraph without a
proper reason.
(Promoters)
Article 91. In order to establish the Prefectural Associations, it shall be required that five or
more persons who wish to be members shall become promoters.
(Executives, etc.)
Article 92. A Prefectural Association shall have as executives one president and up to three
directors and one auditor.
2. A Prefectural Association may have part-time directors and auditors, in accordance
with the articles of incorporation, in addition to the directors and auditor mentioned in the
preceding paragraph.
3. A Prefectural Association may have advisors.
(Prefectural Trade Skill Test Commissioners)
Article 92-2. The Prefectural Association, in conducting the business concerning the
execution of trade skill examinations under paragraph 2 of Article 89, shall have Prefectural
Trade Skill Test Commissioners assess trade skills and undertake other technical work.
2. The Prefectural Association shall, in accordance with Ministry of Labour Ordinance,
appoint Prefectural Trade Skill Test Commissioners from among persons having
qualifications specified by Ministry of Labour Ordinance.
(Subsidies to the Prefectural Associations)
Article 92-3. The prefecture may grant to the Prefectural Association subsidies necessary
for the Prefectural Association to conduct its activities.
2. The State may grant subsidies to the prefectures in connection with the expenses for
granting subsidies provided for in the preceding paragraph,
(Assistance by the State, etc.)
Article 93. The State and the prefectures, shall endeavour to provide conveniences to the
Prefectural Associations, such as allowing them to use public vocational training facilities
and other appropriate facilities.
(Obligation of Executives, etc., of Prefectural Associations to Keep Secrets)
Article 93-2. Executives or personnel of Prefectural Associations (including Prefectural
Trade Skill Test Commissioners) or their predecessors shall not disclose or use by stealth any
secrets concerning activities related to trade skill tests of the Prefectural Associations they
have obtained through their duties.
(Mutatis Mutandis Application)
Article 94. The provisions of Article 34 shall apply mutatis mutandis to the registration of
Prefectural Associations; the provisions of Articles 37, 72 and 73-2 to 75; Article 76,
paragraphs 3, 5 (except for the portion concerning the director-general), paragraphs 6 and 7
(except for the portion concerning the director-general); Article 77; Article 77-2 (except for
the portion concerning the director-general); Article 77-3, paragraphs 2 to 4; Articles 77-5,
77-6 and 81 to 83 of this Law and Articles 44, 50 and 56; Article 6 1, paragraph 2; and
Articles 62 and 64 to 66 of the Civil Code shall apply mutatis mutandis to the establishment,
management and operations of Prefectural Associations; the provisions of Articles 78 to 80 of
this Law; Articles 70, 73, 75, 76, 78 to 81, 82 (except for the portion concerning dissolution)
and 83 of the Civil Code., and Article 35, paragraph 2 (except for the portion concerning
dissolution); Articles 36 and 37-2, Article 135-25, paragraphs 2 and 3; and Articles 136, 137
and 138 of the Law on Procedures in Non-Contentious Cases shall apply mutatis mutandis to
the dissolution and liquidation of Prefectural Associations. In these cases, the expression
"Minister of Labour" in Article 74; Article 75, paragraph 2; Article 77, paragraph 2; Article
78, paragraph 2; Article 79; Article 80, paragraph 1; Article 8 1; Article 82, paragraph 1; and
Article 83 shall be read as "prefectural governors," the expression "Central Trade Skill Test
Commissioners" in Article 75; paragraph 1, item 9 shall be read as "Prefectural Trade Skill
Test Commissioners," the expression "State" in Article 80, paragraph 3 shall be read as
"Prefectures," the expression "the court, on the basis of a request by interested persons or the
public prosecutors" in Article 56 of the Civil Code shall he read as "the Prefectural Governor,
on the basis of a request by interested persons or ex officio," the expression "preceding
Article" in Article 75 of the Civil Code shall be read as "Article 79 of the Vocational Ability
Development Promotion Law (Law No. 64 of 1969) as applied mutatis mutandis under
Article 94 of the same Law," the expression "competent Government agencies" in Article 83
of the same Code shall be read as "prefectural governors," and the expression "government
agencies" in paragraphs 2 and 3 of Article 135-25 of the Law on Procedures in Non-
Contentious Cases shall be read as "prefectural governors."
Chapter VII. Vocational Ability Development Deliberative
Councils
(Central Vocational Ability Development Deliberative Council)
Article 95. The Ministry of Labour shall have a Central Vocational Ability Development
Deliberative Council.
2. The Central Vocational Ability Development Deliberative Council shall make
investigations and deliberations on the Basic Vocational Ability Development Plan and other
important matters concerning vocational ability development at the request of the Minister of
Labour, and shall make recommendations to the administrative agencies concerned on
necessary matters concerned therewith.
3. The Central Vocational Ability Development Deliberative Council shall be composed
of up to 20 members.
4. The members shall be appointed by the Minister of Labour from among those
representing the workers concerned, those representing the employers concerned and persons
of learning and experience.
5. Of the members, those members representing the workers concerned and those
representing the employers concerned shall be equal in number.
6. The term of office of the members shall be two years; provided, however,
that a substitute member filling a vacancy shall hold office for the remaining
term of the predecessor.
7. When their term of office expires, members shall perform their duties until
their successors are appointed.
8. The Central Vocational Ability Development Deliberative Council may
have special members in addition to the members.
9. The special members shall be appointed by the Minister of Labour from among the
personnel of the administrative agencies concerned. 10. The special members may not take
part in decisions.
11. The members and the special members shall be in part-time service.
12. The Central Vocational Ability Development Deliberative Council may have panels to
investigate technical matters concerning vocational ability development.
(Delegation to Ministry of Labour Ordinance)
Article 96. Apart from those matters provided for in the preceding Article, necessary
matters concerning the Central Vocational Ability Development Deliberative Council shall be
provided for by Ministry of Labour Ordinance. (Prefectural Vocational Ability Development
Deliberative Councils)
Article 97. The Prefectures shall have Prefectural Vocational Ability Development
Deliberative Councils.
2. The Prefectural Vocational Ability Development Deliberative Councils shall make
investigations and deliberations on the Prefectural Vocational Ability Development Plans and
other important matters concerning vocational ability development, at the request of the
prefectural governors, and shall make recommendations to the administrative agencies
concerned on necessary matters concerned therewith.
3. Necessary matters concerning the Prefectural Vocational Ability Development
Deliberative Councils shall be provided for by ordinances.
Chapter VIII. Miscellaneous Provisions
(Advice and Recommendations of the Minister of Labour)
Article 98. The Minister of Labour may, when the Minister deems it necessary to achieve
the purposes of this Law, give advice or make recommendations to the prefectures on the
establishment and administration of public vocational training facilities, assistance provided
for in Article 14, paragraph 1, and other matters concerning vocational ability development.
(Bearing of Expenses for Vocational Training Facilities)
Article 98-2. The State shall, in accordance with Cabinet Order, bear part of the expenses
necessary for the facilities and equipment of vocational training centers and vocational
training centers for the disabled established by prefectures.
(Subsidies)
Article 99. Apart from the financial aid set forth in the previous Article, the State shall
provide subsidies to the prefectures as a source of funds for administrative expenses of the
vocational training centers and vocational training ceilters for the disabled referred to in the
same Article.
2. The Minister of Labour shall decide on the distribution of the subsidies referred to in
the preceding paragraph in accordance with standards stipulated by Cabinet Order on the
basis of the numbers of employees and job applicants (Including the number of graduates
from junior high schools and high schools who seek employment), taking into consideration
urgent needs for vocational training and other special circumstances of each prefecture
concerning the administration of vocational training centers and vocational training centers
for the disabled referred to in the preceding Article.
(Relationship with the Employment Insurance Law)
Article 99-2. Establishment and operation by the State of public vocational training
facilities (except Vocational ]'raining Centers for the Disabled) and the Institute of Vocational
Training, the bearing of expenses necessary for conducting trade skill tests, and the rendering
of- assistance under the provisions of Article 14, paragraph I (excluding the part related to
vocational training centers for the disabled), Article 14-2, Article 84 and paragraph 2 of
Article 92-3 shall be carried out as capacity development services as stipulated in Article 63
of the Employment Insurance Law (Law No. 116 of 1974).
(Fees)
Article 100. Persons desiring to receive the license for vocational training instructor, to
take the vocational training instructor examination, or to take trade skill tests as specified in
paragraph I of Article 62, or persons desiring to receive reissuance of a license as specified in
paragraph 3 of Article 28 or of a certificate as specified in Article 65, shall pay a fee in
accordance with Cabinet Order.
(Delegation of Authority)
Article 101. In addition to the stipulations of paragraph 2 of Article 64, the Minister of
Labour may delegate part of the Minister's authority as prescribed in this Law to the
prefectural governors, in accordance with Cabinet Order.
(Reports)
Article 102. The Minister of Labour or the prefectural governors may request employers,
etc., conducting authorized vocational training (including authorized instructor training set
forth in Article 24, paragraph 1, as applied mutatis mutandis under Article 27-2, paragraph 2;
hereinafter the same applies) to report on matters concerning authorized vocational training
conducted by them, within the limits necessary to achieve the purposes of this Law.
Chapter IX. Penal Provisions
Article 103. Those who have violated the provisions of Article 85 or Article 93-2 shall be
punished with penal servitude not exceeding six months or a fine not exceeding 100,000 yen.
Article 104. Those who have failed to report, as provided for in paragraph I of Article 82
(including cases where the same provisions are applied mutatis mutandis under Article 94;
hereinafter the same applies in this Article), or have made a false report, or have refused,
impeded or evaded an inspection under the provisions of the same paragraph, shall be
punished with a fine not exceeding 100,000 yen.
Article 105. In case a representative of a juridical person, or an agent, employee, or worker
engaged by a juridical person or a natural person has committed, with respect to the business
of said juridical person or said natural person, a violation stated in the preceding Article, the
punishment of a fine provided for in the same Article shall be imposed on said juridical
person or said natural person, in addition to punishing the person who committed the
violation. Article 106. Promoters, executives or liquidators of the Central Association
or Prefectural Associations that have committed the violation in question shall be punished
with a non-penal fine not exceeding 100,000 yen in cases falling under any of the following
items:
(1) in case other activities than those set forth in Article 69 or Article 89 are conducted;
(2) in case the provisions of paragraph 2 of Article 71 or paragraph 2 of Article 90 are violated;
(3) in case in violation of paragraph I of Article 77-5 (including cases where the same provisions
are applied mutatis mutandis under Article 94; hereinafter the same applies in this item),
documents stipulated in the same paragraph are not kept;
(4) in case assets are disposed of without approval under paragraph I of Article 80 (including
cases where the same provisions are applied mutatis mutandis under Article 94);
(5) in case the provisions of Article 81 (including cases where the same provisions are applied
mutatis mutandis under Article 94) are violated;
(6) in case the orders ol'the Minister of Labour given under the provisions of item I of Article 83
(including cases where the same provisions are applied mutatis mutandis under Article
94) are violated;
(7) in case the provisions of paragraph I of Article 34 applied mutatis mutandis under Article 86
or Article 94 are violated;
(8) in case an application for a declaration of bankruptcy is not made, 'in violation of' paragraph 2
of Article 70 or paragraph I of Article 81 of the Civil Code applied mutatis mutaiidis
under Article 86 or Article 94;
(9) in case no notice or false notice is given in violation of paragraph I of Article 79 or paragraph
I of Article 81 of the Civil Code applied mutatis mtitandis under Article 86 or 94;
10) in case a court's inspection under the provisions of paragraph 2 of Article 82 of the Civil
Code applied mutatis mutandis under Article 86 or 94 is obstructed;
(11) in case matters that should be declared are not stated or false statements are made in
business reports, balance sheets, statements of accounts or inventories of assets.
Article 107. Executives or liquidators of juridical persons for vocational training that have
committed the violation in question shall be punished with a non-penal fine not exceeding
50,000 yen in cases falling under any of the following items:
(1) in case other activities than those set forth in Article 33 are conducted; (2) in case the
provisions of paragraph I of Article 34 are violated; (2-2) in case notification under Article 39
paragraph 3 is not made or false notification is made;
(3) in case remaining assets are disposed of without obtaining approval under paragraph 2 or 3 of
Article 41;
(4) in case inventories of assets are not kept, in violation of paragraph I of Article 51 of the Civil
Code applied mutatis mutandis under Article 43;
(5) in case an inspection by the court or the prefectural governor under the provisions of
paragraph 2 of Article 67 or paragraph 2 of Article 82 of the Civil Code applied mutatis
mutandis under Article 43 is obstructed;
(6) in case an application for a declaration of bankruptcy is not made, in violation of paragraph 2
of Article 70 or paragraph I of Article 81 of the Civil Code applied mutatis mutandis
under Article 43;
(7) in case no notice or false notice is given in violation of the provisions of paragraph I of
Article 79 or paragraph I of Article 81 of the Civil Code applied mutatis mutandis under
Article 43;
(8) in case matters that should be stated are not stated or false statements or false descriptions are
made in inventories of assets.
Article 108. Those who have violated the provisions of Article 17, paragraph 4 of Article
27, paragraph 2 of Article 32, paragraph 2 of Article 66, paragraph 2 of Article 67, or
paragraph 2 of Article 87 (in case of a juridical person or other organization, its
representative) shall be punished with a non-penal fine not exceeding 30,000 yen.
Supplementary Provisions
(Omitted)