Online CSO Handbook on Migration to Japan

Overview

This online handbook is designed and developed for civil society organisations (CSOs) and trade unions in Cambodia, Myanmar, and Vietnam to support their efforts in assisting migrant workers in Japan. It consolidates all the relevant laws, policies and other important resources related to the labour migration governance systems in Japan, Cambodia, Myanmar and Vietnam. Migrant supporting organisations can use this page to quickly access government and government-affiliated documents of their country and Japan’s migration policies and labour standards when they support migrant workers in different stages of the migration cycle. The links on this page will be updated regularly to reflect the latest changes.

The online version of this handbook derives its content from The Handbook for Civil Society Organizations and Trade Unions in Cambodia, Myanmar and Vietnam for assisting migrants deployed to Japan, which forms part of a larger project supported by the Toyota Foundation, entitled “Enhancing the Capacity of Countries of Origin in Facilitating Equitable Migration to Japan”.

The online handbook intends to provide a brief explanation of each of the related document. For a more in-depth discussion of the significance of these legal instruments and resources and how they play into the migration governance of Japan, Cambodia, Myanmar and Vietnam, please refer to The Handbook for Civil Society Organizations and Trade Unions in Cambodia, Myanmar and Vietnam for assisting migrants deployed to Japan.

How to Use the Online Handbook

This online handbook focuses on the following migration schemes:

  • The Technical Intern Training Program;
  • Specified Skilled Workers’ visa scheme; and
  • Processes established by the Economic Partnership Agreement signed between the governments of Japan and Vietnam for the migration of nurses and care workers (VJEPA).
This online handbook comprises two sets of material: 1) the laws, regulations, policies and official announcements regarding the migration mechanism of each country; and 2) existing resources produced by governments, international organisations and CSOs, including abridged versions of legal documents or handouts that explain migration mechanisms and migrants’ rights and entitlements. 
 
CSOs and other stakeholder groups, such as those in academia and law firms, can refer to the first set of material to conduct research on migration from Mekong countries of origin to Japan, acquire a comprehensive understanding of migration frameworks and national labour laws, or look for a specific clause in legal documents when assisting a migrant worker.
 
The second set of material is often designed to be easy to read. CSOs and migrant supporting organisations can disseminate the appropriate materials to migrant workers, or use them to inform migrant workers about their rights and entitlements.
 
In the last section of this page, CSOs in countries of origin can access a presentation deck with easy-to-read information on migrant workers’ rights and entitlements in Japan. Case workers can refer to this deck to provide information to migrant workers and point them to the appropriate support systems in Japan and countries of origin.

Japan

This law aims to provide for fair management over the entry and departure procedures of all persons in Japan, the residence of foreign nationals in Japan, as well as consolidate the recognition procedures of the refugee status. The law was amended in 2018 to establish the SSW Status of Residence.

This law came into effect in November 2017, governing the implementation of the reformed TITP and ensuring the protection of migrant workers employed under the programme.

This pamphlet specifies the rights and entitlements of pregnant TITP workers and provides contact information of the available support.

The Labour Standard Act is the core legal instrument in Japan that governs working conditions. It applies to migrant workers under the TITP and SSW.

The Minimum Wage Act aims to improve the working conditions of low-paid workers by guaranteeing a minimum level of wages for them. It applies to migrant workers under the TITP and SSW.

The Industrial Safety and Health Act ensures workers’ safety and health in the workplace and facilitates the creation of comfortable work environments. It applies to migrant workers under the TITP and SSW.

This law aims to promote equal opportunity and treatment between men and women in employment. It applies to migrant workers under the TITP and SSW.

This law protects workers’ right of voluntary organisation and association in labour unions, and promotes the practice of collective bargaining. It applies to migrant workers under the TITP and SSW.

This law works in conjunction with the Labor Union Act to promote the fair adjustment of labour relations and to prevent or settle labour disputes. It applies to migrant workers under the TITP and SSW.

This law clarifies the responsibilities of the national government and other actors concerning efforts to eliminate unfair discriminatory speech and behaviour.

This website provides an overview of the TITP, including the procedure for companies in Japan to accept migrant workers, the structure of the programme, and the relevant institutions etc.

The handbook is a compilation of information for migrant workers under the TITP, covering topics such as relevant labour laws, access to complaint mechanisms in Japan and social protection.

This website introduces the SSW scheme, the migration procedures and available employment sectors.

These slides outline the migration procedures under the SSW scheme and explain the supporting organisations and support plans.

This Japanese pamphlet provides information on the migration pathway for care workers and nurses under an Economic Partnership Agreement signed between Japan and various countries of origin (such as Vietnam).

This brochure provides information on the Industrial Accident Compensation Insurance (also known as the workmen compensation scheme), including the various benefits and how to access them. 

This pamphlet provides information on the employment insurance if a migrant worker loses employment.

This pamphlet provides information on the Japanese employment insurance and ways for TITP workers who have lost their jobs to apply for work.

This website explains the Employees’ Health Insurance System and Employees’ Pension System, including the coverage, contributions and ways to access benefits.

This website explains the long-term care insurance system in Japan, including the coverage, contributions, and how to access benefits.

This website (in Japanese) contains Q&As regarding the long-term care insurance system in Japan.

This website compiles various pamphlets on the social insurance systems in Japan.

This Q&A document covers some common topics related to pregnancy in Japan, including what are migrants’ options if they are pregnant, what pregnancy means for their job and status of residence, the relevant costs for childbirth and childcare etc.

This website compiles various resources on the topic of pregnancy and childbirth for TITP workers and employers.

This website explains the legal procedures for individuals who get arrested in Japan.

This website explains the Duty Attorney System in Japan and how an arrested individual can access legal assistance.

Cambodia

This agreement sets out the commitments and responsibilities of both the Cambodian and Japanese governments concerning Cambodian migrant workers participating in the TITP.

This agreement sets out the commitments and responsibilities of both the Cambodian and Japanese governments concerning Cambodian migrant workers participating in the Specified Skilled Worker scheme. 

The following sub-decree and complementing regulations outline responsibilities of government ministries and recruitment agencies at various stages of the migration cycle, licensing conditions of recruitment agencies and recruitment procedures.

The objective of this law is to suppress the acts of human trafficking and sexual exploitation in order to protect the rights and dignity of human beings, to improve the health and welfare of citizens, to preserve and enhance good national customs, and to implement the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, or other international instruments or agreements with regard to human trafficking that the Kingdom of Cambodia has ratified or signed.

This policy provides the framework to protect and empower migrant workers through strengthening the mechanism for Cambodian nationals to migrate safely and through regular channels.

This policy broadly contemplates the development of labour market governance as part of the national employment strategy.

This Code of Conduct is developed by the Ministry of Labour and Vocational Training in collaboration with the International Labor Organization, the Association of Cambodian Recruitment Agencies and Manpower Association of Cambodia, two industry groups set up by recruitment agencies in Cambodia. It sets out the commitment to implement ethical and responsible recruitment practices and sustainable business practices.

This list of Cambodian recruitment agencies that are approved to deploy workers to Japan is regularly updated on this website. Cambodia is the second on the list. 

Developed by the International Labor Organization, this guideline is a reference for labour officials, Migrant Worker Resource Centre staff, service providers and stakeholders to use to support migrant workers through the dispute resolution process.

Myanmar

This agreement sets out the commitments and responsibilities of both the Myanmar and Japanese governments concerning Myanmar migrant workers participating in the TITP.

This agreement sets out the commitments and responsibilities of both the Myanmar and Japanese governments concerning Myanmar migrant workers participating in the SSW scheme.

This is the guiding piece of legislation governing outbound labour migration from Myanmar.

  • The Rules and Regulations for Overseas Employment Agency License (2014)

This document creates the guidelines for licensing procedures and conditions of recruitment agencies.

  • Rules and Regulations for Licence Holders of Overseas Employment Agencies (2014)

This document stipulates the roles and responsibilities of recruitment agencies at various stages of the migration cycle.

  • Rules and Regulations for Myanmar Overseas Employment Agencies Federation (MOEAF) (2014)

This document sets out the roles and responsibilities of the MOEAF, Myanmar’s recruitment agency association, in supervising member agencies and coordinating with authorities in ensuring protection for migrant workers.

  • Second National Plan of Action (NPA) for the Management of International Labour Migration for 2018-2022

This document provides the overarching framework to coordinate government agencies, international development partners and non-government actors in improving various aspects of labour migration.

This plan aims to give coherence to the policies and institutions necessary to achieve genuine, inclusive and transformational economic growth in Myanmar. Strategies relating to labour migration are incorporated into the plan.

This policy aims to achieve inclusive and sustainable development and establish the country’s economic framework to support balanced growth. One of 12 of the Policy’s priorities is targeted at migrant returnees.

This code of conduct was developed by the Ministry of Labour, Immigration and Population in collaboration with the International Labor Organization, and MOEAF. It aims to promote and establish standards for ethical recruitment practices and protect migrant workers’ rights throughout the migration cycle.

This list of Myanmar recruitment agencies that are approved to deploy workers to Japan is regularly updated on this website. Myanmar is the ninth on the list. 

Vietnam

This agreement sets out the commitments and responsibilities of both the Vietnamese and Japanese governments concerning Vietnamese migrant workers participating in the TITP. 

This agreement sets out the commitments and responsibilities of both the Vietnamese and Japanese governments concerning Vietnamese migrant workers participating in the SSW scheme.

This agreement was signed in 2008 and came into effect in 2009. Its content includes many areas including trade in goods, trade in services, investment, and improvement of the business environment and movement of natural persons. One section of the agreement permits entry and temporary residence of Vietnamese nurses and care workers who intend to obtain Japanese qualifications as nurses (“Kangoshi”) or care workers (“Kaigofukushishi”).

This exchange of notes builds on the Vietnam Japan Economic Partnership Agreement, providing specifications for Vietnamese nurses and care workers who are qualified to migrate to Japan.

  • The Law on Vietnamese Workers Working Abroad Under Contract (No. 69/2020/QH14) 

Vietnamese  |  English translation

This law is the core legal document that regulates and governs outbound labour migration. The following legal instruments came into effect between January and February 2022 to support the implementation of the new law:

  • Government Decree No. 112/2021/ND-CP Detailing a number of articles and measures to implement the Law on Vietnamese Guest Workers  (Vietnamese |  English translation)
  • Ministry of Labour, Inavalids and Social Affairs Circular No. 21/2021/TT-BLDTBXH Detailing a number of articles of the Law on Vietnamese Guest Workers (Vietnamese  |  English translation)
  • Ministry of Labour, Inavalids and Social Affairs Circular No. 20/2021/TT-BLDTBXH on the Database system of Vietnamese guest workers (Vietnamese  |  English translation)
  • Prime Minister Decision No. 40/2021/QD-TTg on Overseas Employment Support Fund (Vietnamese  |  English translation)
  • Directive No. 20-CT/TW dated December 12, 2022, of the Central Committee Secretariat on enhancing the Party’s leadership in the work of sending Vietnamese workers to work abroad in the new situation (Vietnamese)
  • Government Resolution No. 225/NQ-CP on issuing plan to implement Directive No. 20-CT/TW dated December 12, 2022 of the XIII Party Central Committee Secretariat on strengthening the Party’s leadership for the work of sending Vietnamese workers to work abroad in the new situation (Vietnamese)
  • Labour Code (Code No.: 45/2019/QH14)

Vietnamese  |  English translation

The Labour Code regulates labour standards in Vietnam and contains provisions for outbound labour migration.

The following legal documents set out the roles and responsibilities of the government institutions relating to labour migration:

  • Government Decree No.62/2022/ND-CP on Defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs (Vietnamese  |  English translation)
  • Ministry of Labour, Invalids and Social Affairs Decision No. 1638/QD-LDTBXH on roles, responsibilities, duties, authorities, and organization of the Department of Overseas Labor” (2017) (Vietnamese  |  English translation)
  • Ministry of Labour, Invalids and Social Affairs Decision No. 531/QD-BLDTBXH Regarding the Regulations of Functions and Duties and the Organization Structure of the Center for Overseas Labor” (2008) (Vietnamese  |  English translation)
  • Ministry of Labour, Invalids and Social Affairs Decision No. 232/QD-LDTBXH Regulating the Functions, Duties, and the Organization Structure of Department of International Co-operation (2023) (English translation)
  • Ministry of Foreign Affairs and Ministry of Labour, Invalids and Social Affairs, Joint Circular 07/2004/TTLT-BLĐTBXH-BNG Guiding The Implementation Of A Number Of Articles Of The Government’s Decree No. 183/cp Of November 18, 1994 Detailing The Implementation Of The Ordinance On Foreign-based Representation Offices Of The Socialist Republic Of Vietnam In The Field Of Labor, War Invalids And Social Affairs (Vietnamese  |  English translation)

The Vietnamese government has created various policy incentives designed to promote overseas labour migration, including:

  • Prime Minister Decision No. 899/QĐ-TTg on Approving Programme on Vocational Training-Employment and Occupation Safety between 2016-2020 (2017) (Vietnamese  |  English translation)
  • Government Decree No. 61/2015/NĐ-CP On Job Creation Policies And National Employment Fund (Vietnamese) 
  • Prime Minister Decision No. 46/2015/QD-TTg regarding Support for Basic-Level-Training, and Short-Term Training of Less Than 3-months (Vietnamese  |  English translation)
  • Prime Minister’s Decision no. 71/2009/QD-TTg Approving The Project On Supporting Poor Districts In Promoting The Sending Of Workers Abroad For Sustainable Poverty Reduction In The Period Of 2009-2020 (Vietnamese  |  English translation)

The following legal documents regulate recruitment agencies involved in recruiting Vietnamese nationals to Japan. They include:

  • DOLAB Document No. 117/QLLĐNN-NBCAĐNA of 23 January 2015 on Information about the technical intern training program and study abroad program in Japan (Vietnamese )
  • DOLAB Document No.1313/LĐTBXH- QLLĐNN of 17 August 2016 on guiding on implementation of sending trainees to Japan (Vietnamese)
  • DOLAB Document No.1123/LĐTBXHQLLĐNN of 6 April 2016 on measures to send Vietnamese trainees to Japan (Vietnamese)
  • DOLAB Document No. 2456/QLLĐNN-NBCAĐNA of 21 December 2017 on registering for contracts to send technical trainees to Japan following the enactment of the new Technical Intern Training Act (Vietnamese)
  • DOLAB Document No.1243/QLLĐNN-NBĐNA of 31 July 2023 on the coordination in providing information on certain content related to technical intern trainees and recruitment agencies sending workers to work in Japan (Vietnamese)
  • DOLAB Document No. 768/ QLLĐNN-NBĐNA of 26 May 2023 on Consultation and orientation trainings for interns before going to Japan (Vietnamese)
  • DOLAB Document No. 1111/QLLĐNN-PCTTr of 30 August 2022 on Guidelines for reporting on infrastructure to conduct pre-departure orientation trainings for workers (Vietnamese) 
  • DOLAB Document No. 1239/QLLĐNN-NBĐNA of 21 July 2020 on Guiding on the selection of qualified Japanese partners for signing Specified Skilled Worker supply contracts (Vietnamese)
  • DOLAB Document No. 606/QLLĐNN-NBĐNA of 27 March 2020 on Contract for supplying and contract for dispatching specified skilled labor to work in Japan (Vietnamese)

Other related laws and policies include:

  • Prime Minister Decision No. 144/2007/QD-TTg on On Setting Up, Management And Use Of The Overseas Employment Support Fund (Vietnamese  |  English translation)
  • Government Decree No. 12/2022/ND-CP on Administrative penalties for violations arising from labor, social insurance, and Vietnamese workers working abroad under contracts (Vietnamese  |  English translation)
  • Government Decree No. 24/2018/NĐ-CP on complaint and accusation resolution in labour, labour training, overseas workers, occupational safety and health (Vietnamese  |  English translation)

  • VAMAS Code of Conduct Applied to Vietnamese agencies sending workers for overseas employment (2018)

Vietnamese  |  English

This code of conduct was developed by Vietnam Association of Manpower Supply, the country’s recruitment agency association, in 2018. It aims to promote the rights of migrant workers and their employers, sustainable business practices, branding and reputation building among Vietnamese recruitment agencies, ensure compliance with national law and move towards the realisation of international labour standards.

  • The mechanism for monitoring and evaluating the implementation of the Code of Conduct (2018 version) by Vietnamese agencies sending workers for overseas employment (Vietnamese)
  • Report on the results of the survey, evaluation, and ranking of Vietnamese agencies implementing the CoC-VN in 2023 (Vietnamese) 

 

  • List of Approved Recruitment Agencies in Vietnam (Organization for Technical Intern Training Website) (Japanese)

The list of Vietnamese recruitment agencies that are approved to deploy workers to Japan is regularly updated on this website. Vietnam is the first on the list. 

  • All approved recruitment agencies in Vietnam (DOLAB Website) (Vietnamese)

Prospective migrant workers can search for agencies by name to verify their status. The list includes agencies that are approved to send workers to all labour markets and is classified by the region that the agency is located in in Vietnam (North, Central, and South). The information also includes:

– List of approved recruitment agencies

– List of recruitment agencies resubmitting applications

– List of recruitment agencies whose licenses have been revoked

– List of suspended recruitment agencies Inspection results

  • Memorandam of Cooperation between NAGOMi and VAMAS (2021) (Vietnamese)

This agreement is signed between Vietnam Association of Manpower Supply (VAMAS), a recruitment agency association in Vietnam, and National Association for Global and Open Minded Communities (NAGOMi), an association consisting of Supervising Organizations under the TITP, Registered Support Organizations under the SSW Scheme, accepting organisations and sending organisations. It sets out the commitments of both parties in protecting the rights of migrant workers throughout the migration cycle.

Focal Point CSOs in Cambodia, Myanmar, and Vietnam

The following MMN members in Cambodia, Myanmar, and Vietnam agreed to act as focal points in their respective countries. Migrant supporting organisations in Japan can contact these organisations to obtain information or seek cross-border assistance when they conduct migrant casework. The focal point CSOs will either offer direct assistance or direct the Japanese organisation to the most appropriate help in their respective countries.

<p style="text-align: justify;">LSCW is a Cambodian non-governmental organisation based in Phnom Penh, Cambodia. Founded in 2002 with the initial intention of building the capacity of lawyers and organisational staff in legal aid provision, LSCW has become one of the foremost providers of free legal advice to women and children victims of crime and victims of human trafficking in Cambodia.<br />Website: <a href="https://www.lscw.org/">https://www.lscw.org/</a><br />Facebook page: <a href="https://www.facebook.com/LSCW02">https://www.facebook.com/LSCW02</a><br />Contact person:</p><p style="text-align: left;">Ms Pleut Pisey</p><p style="text-align: left;">Case Manager and Helpline Operator</p><p style="text-align: left;">+855-(0)77455516</p>

Legal Support for Children and Women (LSCW)

LSCW is a Cambodian non-governmental organisation based in Phnom Penh, Cambodia. Founded in 2002 with the initial intention of building the capacity of lawyers and organisational staff in legal aid provision, LSCW has become one of the foremost providers of free legal advice to women and children victims of crime and victims of human trafficking in Cambodia.
Website: https://www.lscw.org/
Facebook page: https://www.facebook.com/LSCW02
Contact person:

Ms Pleut Pisey

Case Manager and Helpline Operator

+855-(0)77455516

<p style="text-align: justify;">Since FLC was founded by former political prisoners in early December 2011, FLC has been providing assistance not only to political prisoners and their family members, but also to workers and outbound migrant workers. FLC implements its projects through education, advocacy, mobilisation, and alliances, and it seeks solutions through negotiations and using non-violent means.</p><p style="text-align: left;">Facebook page: <a href="https://www.facebook.com/futurelightcenter/">https://www.facebook.com/futurelightcenter/</a></p><p style="text-align: left;">Email: flcoffice2012@gmail.com</p><p style="text-align: left;">Phone: +95 (0) 9756514663, +95 (0) 9771036877</p>

Future Light Centre (FLC)

Since FLC was founded by former political prisoners in early December 2011, FLC has been providing assistance not only to political prisoners and their family members, but also to workers and outbound migrant workers. FLC implements its projects through education, advocacy, mobilisation, and alliances, and it seeks solutions through negotiations and using non-violent means.

Facebook page: https://www.facebook.com/futurelightcenter/

Email: flcoffice2012@gmail.com

Phone: +95 (0) 9756514663, +95 (0) 9771036877

<p style="text-align: justify;">CDI is a Vietnamese non-governmental organisation working for the rights of disadvantaged groups to build society on the pillars of equity, solidarity, and sustainable development. CDI’s previous migration-related initiatives include a multi-media information dissemination website aimed at providing essential resources and legal aid to migrant workers. While CDI does not conduct casework, it collaborates with law firms and lawyers in Vietnam that offer counseling services to migrants, ensuring their access to legal assistance and support throughout the migration process.</p><p style="text-align: left;">Website: <a href="https://cdivietnam.org/en/">https://cdivietnam.org/en/</a></p><p style="text-align: left;">Facebook page: <a href="https://www.facebook.com/cdivietnam.ngo/">https://www.facebook.com/cdivietnam.ngo/</a></p><p style="text-align: left;">Contact Person: Ms Tinh Le</p><p style="text-align: left;">Email: tinh.leut@cdivietnam.org</p><p style="text-align: left;">Phone: +84 379273 073</p>

Center for Development and Integration (CDI)

CDI is a Vietnamese non-governmental organisation working for the rights of disadvantaged groups to build society on the pillars of equity, solidarity, and sustainable development. CDI’s previous migration-related initiatives include a multi-media information dissemination website aimed at providing essential resources and legal aid to migrant workers. While CDI does not conduct casework, it collaborates with law firms and lawyers in Vietnam that offer counseling services to migrants, ensuring their access to legal assistance and support throughout the migration process.

Website: https://cdivietnam.org/en/

Facebook page: https://www.facebook.com/cdivietnam.ngo/

Contact Person: Ms Tinh Le

Email: tinh.leut@cdivietnam.org

Phone: +84 379273 073

Useful Resources

A Guide to Migrant Workers’ Rights in Japan

A guide for CSOs to learn more about migrant workers' rights and entitlements as well as the available assistance in Japan.
Click Here

Directory of Migrant Supporting Organisations in Japan

Contact information of organisations based in Japan that support migrant workers.
Click Here

Regarding pregnancy and childbirth for technical intern trainees

This website compiles various resources on the topic of pregnancy and childbirth for TITP workers and employers.
Click Here