Although roughly two years have passed since the Specified Skilled Worker program began in April 2019, laws continue to change frequently, and updates to application documents are announced often. In particular, arrangements between Japan and the home countries of Specified Skilled Workers are updated frequently, so it is necessary to check the immigration authority’s website on a daily basis.

This article introduces the arrangements on the Specified Skilled Worker program concluded between Japan and Vietnam, as well as the documents required when accepting Vietnamese nationals as Specified Skilled Workers.

Contents of the Arrangements (Memorandum of Cooperation) on Specified Skilled Worker Concluded Between Japan and Vietnam

Purpose of the Memorandum of Cooperation

It was concluded for the purpose of properly and smoothly sending Specified Skilled Workers to Japan. The memorandum is also expected to protect Specified Skilled Workers and strengthen mutual benefits between the two countries.

Contact Points

To implement cooperation under the Memorandum of Cooperation effectively, the following contact points have been designated.

Japan : Residence Management Division, Residence Management Support Department, Immigration Services Agency of Japan

Vietnam : Department of Overseas Labour, Ministry of Labour, Invalids and Social Affairs

Main Contents of the Memorandum of Cooperation

Information will be shared on the following items

Information on any collection of deposits or other monetary charges from Specified Skilled Workers or their relatives or related persons

Information on contracts that impose penalties for non-performance of Specified Skilled Worker contracts, or other contracts involving improper transfer of property

Information on acts that infringe human rights of Specified Skilled Workers, such as assault, threats, or restrictions on freedom

Information on false declarations or improper conduct in applications to the immigration authority

Information on collecting fees or other charges from Specified Skilled Workers that are not permitted by law

Information on cases where information on fees charged to Specified Skilled Workers is not made understandable to the individual, or where the basis for calculation is unclear

Information on acts that violate laws and regulations concerning the recruitment of Specified Skilled Workers or the acceptance of Specified Skilled Workers

Cooperation on Skills and Japanese Language Proficiency Examinations

Japanese ministries and agencies shall prepare the content of skills and Japanese language proficiency examinations for Specified Skilled Workers to be conducted in Vietnam, and obtain prior consent from the Vietnamese ministry regarding the implementation plan.

Japanese ministries and agencies shall submit to the Vietnamese ministry lists of Vietnamese candidates who take the examinations and lists of candidates who pass.

The Vietnamese ministry shall, as necessary, prepare proctors and staff for examination administration and, when requested by Japanese ministries and agencies, cooperate to the extent possible.

Information on examinations and application methods shall be posted on the website of the Embassy of Japan in Vietnam after obtaining the consent of the Vietnamese ministry.

If violations in examinations are discovered, such as impersonation or forgery or alteration of documents certifying passage, that information shall be shared.

Commitments Decided by Japanese and Vietnamese Ministries and Agencies

The Memorandum of Cooperation sets out commitments for the respective ministries of Japan and Vietnam. Below we introduce key arrangements that are important to understand.

Commitments of Japanese Ministries and Agencies

● Vietnamese nationals sent by organizations providing overseas employment services in Vietnam that have been authorized by the Vietnamese ministry.

● Vietnamese nationals currently residing in Japan who have been directly hired by accepting organizations to work as Specified Skilled Workers. (The following two patterns are assumed.)

○ Vietnamese technical intern trainees who have completed Technical Intern Training (ii).

○ International students from Vietnam who, after completing a course of two years or more at a school in Japan and obtaining a certificate, pass the examinations and apply to change their status of residence to Specified Skilled Worker.

● Include in the guidelines principles on cost-sharing by accepting organizations regarding Japanese language education, skills training, travel expenses including return costs after termination of the Specified Skilled Worker employment contract, and other expenses necessary to send Specified Skilled Workers, taking into account Vietnamese regulations.

● When information is received from the Vietnamese ministry regarding sending organizations that intend to send Specified Skilled Workers to Japan, publish that information in Japan.

● When information is received from the Vietnamese ministry regarding revocation of a sending organization’s authorization, publish that information in Japan.

● When an improvement order is issued to an accepting organization (including the results of the investigation that forms the basis for the order), notify the Vietnamese ministry of that order and share the list of Registered Support Organizations with the Vietnamese ministry.

● Ensure that accepting organizations provide support to Specified Skilled Workers for securing appropriate housing. Prohibit accepting organizations from collecting more than the actual cost for housing fees that Specified Skilled Workers pay on a regular basis.

● When notified by the Vietnamese ministry of a Registered Support Organization or accepting organization that has engaged in improper conduct, conduct an investigation and report the results to the Vietnamese ministry.

● Prohibit Vietnamese nationals who fall under disqualification grounds—such as students who have withdrawn or been expelled, technical intern trainees who have absconded, or Vietnamese nationals applying for refugee status—from taking skills examinations in Japan.

● When receiving inquiries from the Vietnamese ministry regarding the acceptance of Specified Skilled Workers from Vietnam, provide the necessary information.

● When international students change their status of residence to Specified Skilled Worker, take appropriate measures, including rigorous screening of educational institutions, to prevent abuse of the student system for the purpose of working in Japan, from the standpoint of respecting fundamental human rights.

● Do not accept Specified Skilled Workers from Vietnam who have not completed procedures in accordance with Vietnamese regulations (including provisions related to prohibited occupations and regions).

Commitments of the Vietnamese Ministry

● Examine whether organizations that send Specified Skilled Workers meet the standards, and certify them only when they do. Do not permit sending organizations to send Specified Skilled Workers from Vietnam to accepting organizations that have engaged in improper conduct in violation of Vietnamese laws and regulations.

※ Acts in violation of Vietnamese laws and regulations include demanding or receiving hotel costs, air tickets, money, or entertainment from sending organizations or their employees as a condition of hiring Specified Skilled Workers, and sending Specified Skilled Workers to occupations or regions prohibited under Vietnamese regulations.

● Publish the names and information of sending organizations and provide that information to Japanese ministries and agencies.

● When notified by Japanese ministries and agencies that a sending organization has engaged in illegal or otherwise improper activities, investigate that sending organization, provide necessary guidance and supervision, and report the results to Japanese ministries and agencies.

● When receiving from Japanese ministries and agencies information on improvement orders issued to accepting organizations or lists of Registered Support Organizations, publish that information in Vietnam.

● Provide guidance to sending organizations so that Specified Skilled Workers are selected and sent by appropriate methods, and when a sending organization is determined no longer to meet the standards, revoke its authorization and report to Japanese ministries and agencies.

● Establish related rules prescribing fees or costs, or propose that the competent Vietnamese authorities establish such rules.

● Prepare a recommendation list so that application procedures for Specified Skilled Worker can be completed.

● When receiving inquiries from Japanese ministries and agencies regarding the sending of Specified Skilled Workers, provide the necessary information.

Summary

This article has focused on the arrangements regarding the Specified Skilled Worker program agreed between Japan and Vietnam.

Similar arrangements have also been made with other countries. Because the decided matters may be updated, it is necessary to regularly check announcements on the immigration authority’s website and similar sources.

About the Author

Hayato Yamashita
Director, YourBright Inc. / Practical Operations Manager, Registered Support Organization
Specializing in Specified Skilled Worker, international talent hiring, registered support, and status of residence practice, he is involved in the practical work of introducing international talent and supporting their acceptance.

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Current Checklist When Vietnamese Nationals Transition from Technical Intern Training to Specified Skilled Worker

Under the Memorandum of Cooperation with Vietnam, a recommendation list confirming that required Vietnamese procedures have been completed is used in residence-related applications. When newly accepting someone from Vietnam, a certified sending organization carries out procedures at the Department of Overseas Labour (DOLAB) of Vietnam’s Ministry of Home Affairs; when accepting someone already residing in Japan, the individual, the accepting organization, or others carry out procedures at the Embassy of Vietnam in Japan, according to the guidance.

From June 27, 2024 onward, those who have completed or are expected to complete Technical Intern Training (ii) or (iii) and apply in Japan for permission to change status of residence are subject to submission of the recommendation list. On the other hand, for change applications accompanying a job change by someone already residing under Specified Skilled Worker, or for extensions of the period of stay, the recommendation list is not required according to the guidance. Please confirm separately that exam exemptions upon successful completion of Technical Intern Training (ii) and whether Vietnamese procedures are required are distinct issues.

  • Confirm documents proving successful completion of Technical Intern Training (ii) or (iii)
  • Separate the application destination for the recommendation list depending on whether the application is made in Japan or the person is being accepted from overseas
  • Cross-check the name, passport information, and expected completion details on the recommendation list against the residence application documents
  • Confirm that employment placement businesses and sending organizations comply with the laws and regulations of both Japan and Vietnam

Related Reading

Related article: Procedures for Hiring Foreign Workers and the Path to Onboarding

Related article: What Is a Registered Support Organization for Specified Skilled Worker

Official Information

Source: Information on Vietnam (Immigration Services Agency of Japan)