MEMORANDUM OF UNDERSTANDING

ON
THE TECHNICAL INTERN TRAINING
PROGRAM FOR TECHNICAL INTERNS OF
BANGLADESH IN JAPAN

THE MINISTRY OF EXPATRIATES'WELFARE AND

OVERSEAS EMPLOYMENT OF THE PEOPLE'S REPUBLIC OF
BANGLADESH

INTERNATIONAL MANPOWER DEVELOPMENT ORGANIZATION,

JAPAN

MARCH, 2OL7 4
 CONTENTS

Afticle

1 Objectives of the MOU for MEWOE

2 Objectives of the MOU for IM Japan
3 Scope of Technical Intern Training Programs in Japan
4 Expenses of Technical Intern Training Programs in Japan

5 Obligations of MEWOE
6 Obligations of IM Japan
7 Saving Fund
8 Early Termination of Technical Intern's Pafticipation in Technical Intern Training
Program
9 Technical Intern's Return upon Completion or Early Termination
10 Technical Intern's Temporary Return and Expenses
11 Response to Accident, Crime, Problem Case and Disappearance

12 Force Majeure
13 Settlement of Disputes
14 Amendments and Additional Provisions
VA
15 Validity, Termination and Nullity of Paragraph
16 Language
 Memorandum of Understanding
Between
The Ministry of Expatriates'Welfare and Overseas Employment
Government of the People's Republic of Bangladesh
And
The International Manpower Development Organization, Japan
On
The Technical Intern Training Program for Technical Interns of Bangladesh
in Japan

The Ministry of Expatriates' Welfare and Overseas Employment, Government of the

People's Republic of Bangladesh, address at 7L-72 OId Elephant Road Eskaton, Dhaka
to as the "MEWOE) and the International
1000, Bangladesh, (hereinafter referred
Manpower Development Organization, Japan, address at 2-4-3
Nihonbashihoridome-cho Chuo-ku, Tokyo, Japan, (hereinafter referred to as the "IM
JapanJ hereinafter referred to as the Parties.

Considering that the Parties shall cooperate in union on the conduct of the Technical
Intern Training Program for Technical Interns of Bangladesh in Japan (hereinafter
referred to as the "Technical Intern Training Programs in Japan") with the objectives of
promoting the development of enterprises, human resources and international mutual
understanding under the "Act Regarding Appropriate Implementation of Technical
Intern Training for Foreigners and Protection of Technical Interns (No.89 of Law, year
of 2016) (hereinafter referred to as "ActJ in Bangladesh and Japan as well as of the
contribution to economic cooperation to the People's Republic of Bangladesh through
the transfer of technology and technical exchanges in and between the Government of
the Peoplet Republic of Bangladesh and Japan in accordance with the laws and
regulations of the respective countries;
The Pafties, by taking into account of respective national laws and regulations in force,

Have agreed and with the consent of the Parties as follows, the MOU on the Technical
Intern Training Program for Technical Interns of Bangladesh in Japan and the Technical

ry
Agreements signed on July 8th, 2015 are hereby repealed this MOU and Technical
Agreements.

Afticle I
Objectives of the MOU for MEWOE

The objectives of this MOU for MEWOE is to promote human resources development as
one of the impoftant national policies of Bangladesh, by dispatching many motivated
technical interns of Bangladesh (hereinafter collectively referred to as the "Technical
Interns" or individually as a "Technical Intern") to Japan for free of charge through the
Technical Intern Training Program in Japan and promoting transfer of technical skills
and knowledge at each accepting company in Japan (hereinafter collectively referred to
as the "Accepting Companies" or individually as an "Accepting Company), so that the
Technical Interns can play impoftant roles in the growth of economy of Bangladesh
utilizing their expertise acquired in Japan after their return to Bangladesh. The MOU is
made based on mutual understanding and friendly relationship between Japan and
Bangladesh.

Afticle 2
Objectives of the MOU for IM Japan

The objectives of the MOU for IM Japan is to promote further development of the
Technical Intern Training Programs in Japan in cooperation with Bangladesh national
policy on human resources development through the Technical Intern Training Program,
so that such Technical Interns dispatched by MEWOE may acquire the practical
technical skills and knowledge at the Accepting Companies and play a key role in

Bangladesh industrial development at an enterprise or by starting up his own business,

after their return to Bangladesh. By implementing the Program, IM Japan contributes to
the development of enterprises in the respective countries, to the promotion of mutual
understanding between the two countries and to the economic growth of Bangladesh. ^/
The Technical Intern Training Program shall be fufther implemented by IM,.r;;; . , t ,8
legal Accepting Organization under the regulation of Japanese government.
Y
 Afticle 3
Scope of Technical Intern Training Programs in Japan

(1) The Technical Intern Training Programs in Japan, the details of which is specified
in the following, shall be conducted through close cooperation between MEWOE
and IM Japan:

(a) Pre-Depafture Training

MEWOE shall conduct pre-departure training for four months in the People's
Republic of Bangladesh (hereinafter referred to as the "Pre-depafture
Training") for the purpose of preparing the candidates of the Technical Interns
to acquire knowledge of the Japanese language, customs and manners so that
the Technical Interns can achieve appropriate results from their participation
in the technical intern training program in Japan.

(b) Technical Intern Training 1

IM Japan shall conduct the collective training course for one month
(hereinafter referred to as the "Collective Training CourseJ that the Technical
Interns pafticipate in immediately after arrival in Japan, and a technical intern
training program for Bangladesh technical interns in Japan for eleven months
under an Employment Contract for Technical Intern Training (hereinafter
referred to as "ECTIT') between a Technical Intern and an Accepting
Company, a member of IM Japan, which becomes total one year(hereinafter
referred to as "Technical Intern Training Program !'), for their acquisition of
skills, technology and knowledge of Japanese companies (hereinafter referred
to as "SkillsJ. The Collective Training Course shall be for the purpose of
helping the Technical Interns to acquire the Japanese language, the
knowledge of daily life, the Labor Standards Law of Japan and its related laws
for their legal protection, the knowledge of skills and other related matters
used in Japan.

(c) Technical Intern Training 2

A Technical Intern who has met the requirements that his level of results of
Technical Intern Training Program I has reached a certain level shall be
eligible to receive technical intern training for two years (hereinafter referred
 to as the "Technical Intern Training Program 2') after the completion of
participation in the Technical Intern Training Program 1 as set forth in Afticle 3,
paragraph (1), sub-paragraph (b) herein. The Technical Intern Training
Program 2 shall be conducted, for the purpose of his acquisition of proficiency
level of technical skills, under an ECTIT between a Technical Intern and an
Accepting Company at the place of the same Accepting Company that the
Technical Intern participates in the Technical Intern Training Program 1.

(d) Technical Intern Training 3

A Technical Intern who has met the requirements that his level of results of
Technical Intern Training Program 2 for the purpose of his acquisition of master
level of skills shall be eligible to receive Technical Intern Training for two more
years (hereinafter referred to as "Technical Intern Training Program 3J, under
an ECTIT between a Technical Intern and an Superior Accepting Company.

(2) Technical Intern Training 3 is conducted for the period that IM Japan is authorized
as the General Supervising Organization stipulated in Article 23 (1)-C of Act, and
in case of being authorized as a Specified Supervision Operation in Article 23 (1)-
@ of Act, IM Japan shall conductTechnical Intern Training l and 2.

(3) The qualifications of candidates for the Technical Interns, selection of candidates
for the Technical Interns, the contents and schedule of the Pre-depafture
Training set forth in Afticle 3, paragraph (1), sub-paragraph (a) herein,
immigration procedures for Technical Interns'entry into Japan, and other matters
in related to Technical Interns in Technical Intern Training Program 1, 2 and 3

shall be consulted and decided between MEWOE and IM Japan.

(4) In the case that the occupation in an Accepting Company is not approved for
transfer to Technical Intern Training Program 2 or an Accepting Company wishes
to accept Technical Interns for one year, an One Year Technical Intern Training
Program to complete only the Technical Intern Training Program 1 course shall be
introduced, which may cover some needs of Bangladesh companies to let their
staff apply for the one year course. The One Year Technical Intern Training
Program shall include the Collective Training Course,
 Afticle 4
Expenses of Technical fntern Training Programs in Japan

The sharing of expenses incurred in conducting the Technical Intern Training Programs
in Japan shall be determined separately through mutual consultation between MEWOE
and IM Japan.

Afticle 5
Obligations of MEWOE

(1) MEWOE shall be responsible for the recruitment of Technical Intern candidates in
the People's Republic of Bangladesh, the selection of the Technical Interns from
them, the conduct of the Pre-depafture Training, and the dispatch of the Technical
Interns from the country to Japan with information, advice and suppoft from IM
Japan. In cooperation with IM Japan staff stationed in Dhaka, MEWOE shall conduct
the strict selection of Technical Interns and exclusion of the disqualified person

during the Pre-departure Training, and dispatch eligible Technical Interns who are
able to complete the Technical Intern Training Program for the planned duration
without their missing and early termination during the Technical Intern Training
Program in Japan.

(2) MEWOE shall take responsibility that each of Technical Interns shall fully satisfy the
qualifications as a Technical Intern candidate, and be qualified as a Technical Intern
for the Technical Intern Training Program, and be a qualified person who can
complete his pafticipation in the Technical Intern Training Program.

(3) MEWOE shall instruct each of Technical Interns against acting illegally during the
Technical Intern Training Program by informing each of Technical Interns of the
laws and regulations in Japan, Japanese customs, and the Rules of Technical
Interns during the Pre-departure Training and allowing each of Technical Interns
comply with these laws, regulations, rules and customs.

(4) MEWOE shall take for of reinstatement and or

employment of
responsibility
Technical Interns
facilitating
who have successfully completed
participation in the Technical Intern Training Program, and provide necessary
their Aa
 suppofts for those who wish to staft up their own business. MEWOE will provide an
update information of the use (employment and stating-up of business) of skills
acquired in Japan by Technical Interns for a fixed period after their return to
Bangladesh to IM Japan.

(5) If IM Japan suffers any loss or damage caused by Technical Interns not abiding by
any of the rules, regulations or customs set forth in Afticle 5 (3), including the
damages payable to a third party (for example: medical treatment expenses and
compensation in case of traffic accident or fighting, propefi damage,
compensation of fire accident, and so on) IM Japan shall be entitled to claim the
amount of actual damages against the Technical Interns with support from MEWOE.
The amount of the claim shall be consulted with MEWOE.

(6) MEWOE shall arrange for a person in change to deal with the Technical Intern
Training Programs both in Bangladesh and at Embassy of Bangladesh in Japan.
The person at the Embassy shall support for instruction to the Technical Interns in
Japan in cooperation with IM Japan

(7) In addition to the obligations set forth herein, MEWOE shall perform the following
obligations to:

(a) Grade the Japanese language ability of each of Technical Interns upon
completion of participation in the Pre-depafture Training in accordance with
the criteria prescribed by IM Japan, and shall then inform IM Japan of the
results of grading;

(b) Provide an assistance on matching of Technical Interns and the companies

wishing to accept Technical Interns and conclusion of an ECTIT between the
Technical Intern and the Accepting Company, with advice and suppoft from IM
Japan

(c) Grant a certificate of completion of Pre-depafture Training to each group of

Technical Interns who have been successful in the grading of Japanese

language ability as set forth in the foregoing item, at the end of each session
of the Pre-depafture Training; A,6\
 (d) Obtain all permits and approvals required under the laws and regulations of the
People's Republic of Bangladesh for the implementation of Technical Intern
Training Programs in Japan and conduct all necessary formalities;

(e) Procure for a means of transportation for the Technical Interns upon departure
from and arrival in the People's Republic of Bangladesh; and

(f) Handle any other matters that shall be determined separately through mutual
consultation between MEWOE and IM Japan.

Afticle 6
Obligations of IM Japan

(1) Under the permission for General or Specified Supervision Organization from the
competent minister, IM Japan shall accept the Technical Interns dispatched by
MEWOE and shall conduct the Collective Training Course immediately after arrival in
Japan and manage and instruct the Technical Interns during the Technical Intern
Training Program which is implemented under an ECTIT between an Accepting
Company and a Technical Intern, and shall administer and instruct the Accepting
Companies.

(2) According to the regulations of Act, IM Japan shall operate Technical Intern
Training Program appropriately, so that Technical Intern can play an important role
with the skills for employment or becoming an entrepreneur after return to home
country, especially develop technical Interns who is capable to manage the
operation as a supervisor class in Technical Intern Training 3.

(3) In addition to the obligations set forth herein, for helping the Technical Interns to
complete the Technical Intern Training Program for the planned duration, IM Japan
shall peform the following obligations to:

(a) Give a necessary advice and support on the conclusion of an ECTIT between
an Accepting Company and Technical Interns under the holding permission of
Free Employment Placement Projects approved for Technical Intern Stipulated
l't C)
 \

in Act;

(b) Apply for issuance of a "Certificate of Eligibility" under the provision of Article
7-2 of the Immigration-Control and Refugee-Recognition Act of Japan to
ensure that each of Technical Interns obtain visa to enter Japan for technical
interns;

(c) Arrange for the accommodation and technical interns training facilities, which
will be used by the Technical Interns pafticipating in the Technical Intern
Training Program, and which are in conformance to the health and safety
standards;

(d) Pay a living allowance for the Collective Training Course to each of Technical
Interns in an amount determined through mutual consultation between
MEWOE and IM Japan;

(e) Purchase public insurance for the Technical Interns participating in the
Technical Intern Training Program (excluding participation in the Collective
Training Course) in accordance with laws and regulations of Japan, and
insurance for technical intern training for the Technical Interns participating in
the Technical Intern Training Program (including participation in the Collective
Training Course);

(f) Conduct the Collective Training Course of one month Immediately after arrival
in Japan and write and affix a training journal and retain such journal for at
least one year after completion of the Technical Intern Training Program;

(g) Peform medical examinations on the Technical Interns participating in the

Collective Training Course, and give guidance to the Accepting Companies on
the conducting of medical examinations on the Technical Interns participating
in the Technical Intern Training Program;

(h) Guide the Accepting Company to create a Technical Intern Training Program
Plan (hereinafter referred as "PlanJ under the Afticle 8 (1) and make
necessary instructions and advices for accomplishment of the Plan; rrF
(i) Apply for "extension of period of stay in Japan" or "change of status of
residence in Japan" on behalf of each Technical Intern pafticipating in the
Technical Intern Training Program;

fi) Conduct formalities necessary to obtain all permits and approvals required
under the laws of Japan, with respect to the conduct of the Technical Intern
Training Programs in Japan;

(k) Monitor maintain the living conditions, the training and daily life environment
of the Technical Interns, and promote to exchange culture in the community;

(l) Visit the Accepting Companies for Technical Interns every month or more and
provide guidance on the implementation of appropriate Technical Intern
Training Program, and create and affix documents relating to such guidance
and retain such documents for at least one year after completion of the
Technical Intern Training Program;

(m)Inspect the Accepting Companies every three months or more in terms of the
state of implementation of the Technical Intern Training Program under the
Afticle 42 (L) of Act and report results to the competent minister, Conduct
inspections when made aware of Improper Conduct of the Accepting Company
and report results to the competent minister;

(n) Place technical intern training program instructors and daily-life guidance
instructors at the Accepting Companies for the instruction to and management
of the Technical Interns;

(o) Provide guidance to the Accepting Companies in relation to the management

of and supervision over the Technical Interns;

(p) In order to promptly respond to consultations from Technical Interns during

holidays or at night, assign consultants who speak the native language of
Technical Interns by informing Technical Interns of the mobile phone number
of IM Japan Staff in charge and cooperating with public institutions and
daily-life guidance instructors in accordance with the details of the il\a
 consultation;

(q) Grant a "Certificate of Completion of Technical Intern Training Program" to a

Technical Intern who has successfully completed his pafticipation in the

Technical Intern Training Program;

(r) Procure international airline tickets upon entry into and depature from Japan
and a means of transpoftation within Japan, required by the Technical

Interns;

(s) Give full assistance all the time for the recruitment and the Pre-departure
Training in Bangladesh implemented by MEWOE for the purpose of the
improvement and enrichment of the recruitment criteria and the education of
the Japanese language and for adaptation to the society in Japan. During
the Pre-depafture Training, fully grasp the Japanese language capacity, nature
and personality of each technical intern candidate, and provide an appropriate
advice to MEWOE whether the candidate should be dispatched to Japan or
not ;

(t) Exclude the disqualified Technical Interns during the Collective Training
Course and Technical Intern Training Program, taking MEWOE's advice as the
need arises;

(u) Under the Article 33 (1) of Act, notify the competent minister taken in the
event that a Technical Intern has returned home having completed the
Technical Intern Training Program or in the event that it is no longer possible
to continue Technical Intern Training Program activities;

(v) Make Accepting Company grasp the acquisition status after completing
Technical Intern Training Program L, 2, and 3 based on reports from the
Accepting Company under the Afticle 21 (1) of Act;

(w)Conduct a distance course for development of superuisors and entrepreneurs;

$F
(x) Other provisions shall be governed by Act and its related ministerial

lr\
 ordinances; and

(y) Handle any other matters that shall be determined separately through mutual
consultation between MEWOE and IM Japan.

Afticle 7
Saving Fund

Each of Technical Interns who has successfully completed participation in the

Technical Intern Training Program shall receive a saving fund after return to
Bangladesh in Taka currency in the following amount equivalent to Japanese yen as
a fund for reinstatement, employmen! or new business start-up.
MEWOE shall make an Accepting compahy, Er member of IM Japan bear the
following amount of money related to the Technical Intern Training programs in
Japan.

(a) Technical Intern who has completed Technical Intern Training for 3 years will
receive an equivalent amount of y600,000 per Intern;
(b) Technical Intern who has completed Technical Intern Training for 5 years will
receive an equivalent amount of Y1,000,000 per Intern. If the technical Intern
cannot pass the final test of correspondence course, shall receive y800,000 per
Intern.
(c) Technical Intern who has completed Technical Intern Training for 1 year will
receive an equivalent amount of y200,000 per Intern

Afticle 8
Early Termination of Technical Intern,s participation
in Technical Intern Training program

(1) If Technical Interns' pafticipation in the Technical Intern Training program are early
terminated, IM Japan shall give assistance to the Technical Interns in their return to
$f
Bangladesh; provided, however, that IM Japan shall not give any such support in
case of such Technical Intern absconding from the Accepting Company in Japan.
(2) It Technical Interns' pafticipation in the Technical Intern Training Program are early
terminated for reasons not attributable to the Technical Interns, IM Japan shall use
the maximum efforts to allow the Technical Interns to continue their participation in
the Technical Intern Training Program, for example, by selecting a replacement for
an Accepting Company. In case that Technical Interns have no alternative but to
return to Bangladesh before their completionof the Technical Intern Training
Program for the planned duration because IM Japan is unable to find the nexL
accepting company for them, such Technical Interns shall receive supporting money
determined through consultation between MEWOE and IM Japan; provided,
however, that no such suppofting money shall be paid in case of the Technical
Interns returning to Bangladesh due to illness or injury.

(3) IM Japan shall notifi7 MEWOE in writing of the reasons for Technical Interns' return
to Bangladesh, with respect to the Technical Interns affected by the early
termination of their pafticipation in the Technical Intern Training Program.

Article 9
Technical fntern's Return upon Completion or Early Termination

(1) Each of Technical Interns shall immediately return to the People's Republic of
Bangladesh under the instructions of IM Japan upon completion or early termination
of his pafticipation in the Technical Intern Training Program.

(2) MEWOE shall notifl7 IM Japan of Technical Intern's arrival in the People's Republic
of Bangladesh.

Afticle 10
,F
Technical Intern's Temporary Return and Expenses

(1) The expense for Technical Interns Temporary Return shall be discussed between
MEWOE and Japan.
(2) As specified in Afticle 10, paragraph (1) herein, IM Japan shall apply for a reentry
visa to Japan on behalf of Technical Interns wishing to return to the People's
Republic of Bangladesh on a temporary basis, and shall conduct any other
immigration formalities.

Afticle 11
Response to Accident, Crime, Problem case and Disappearance

(1) If Technical Interns are involved in any accident or crime or causes a problem
during their pafticipation in the Technical Intern Training Program, IM Japan shall
immediately notify MEWOE, the Bangladesh Embassy in Japan and the Competent
Minister to that effect. In this case, MEWOE and IM Japan shall jointly settle the
matter with the coordination of the Bangladesh Embassy in Japan in accordance
with the laws of Japan.

(2) MEWOE and IM Japan shall take all necessary measures at every opportunity during
the selection of the Technical Interns, the Pre-depafture Training, the Collective
Training Course, the Technical Intern Training Program to prevent the Technical
Interns from becoming missing persons, becoming illegal workers or illegal residents
If the missing case of a
in violation of any relevant laws and regulations of Japan.
Technical Interns should occur, IM Japan shall notify MEWOE, the Bangladesh
Embassy in Japan and the Regional Immigration Bureau of the same. MEWOE shall

coordinate with the Bangladesh Embassy in Japan and provide IM Japan with any
information of the missing Technical Interns returning home as appropriate.

Afticle 12
Force Majeure
,t6
If either MEWOE or IM Japan finds it unable to perform this Memorandum of
Understanding in whole or in part due to an Act of God or any other force majeure, or
under any other unavoidable circumstances, the pafi so affected shall immediately
notiff the other pafi to that effect, and shall enter into consultation with the other
party to remedy any failure in the performance of this Memorandum of Understanding.

12
 Afticle 13
Settlement of Disputes

Any difference or dispute between the Parties arising out of the interpretation or
implementation of application of the provisions of this Memorandum of Understanding
will be settled amicably through consultation or negotiations between the Pafties
without reference to any third party.

Afticle 14
Amendments and Additional Provisions

(1) This Memorandum of Understanding may be revised, modified or amended in all or

pdrt, at any time, by mutual written consent of the Parties. Such revision,
modification or amendment shall come into force on such date as determined by
the Pafties and shall form part of this Memorandum of Understanding.

(2) Any revision, modification, or amendment will not prejudice any ongoing
co-operation arising out of this Memorandum of Understanding before or up the
date of such revision, modification or amendment.

Afticle 15
Validity, Termination and Nullity of Paragraph

(1) This Memorandum of Understanding will enter into force for the Technical Interns
after the enforcement of Act. @
(2) If either MEWOE or IM Japan wishes to terminate this Memorandum of
nl
Understanding, the pafty so affected shall notifl7 the other pafty of its intention to
terminate this Memorandum of Understanding. In such a case, MEWOE and IM
Japan shall consult with each other in good faith to determine the effective date of
such termination and disposition therefore by mutual agreement between the
parties hereto.

14
 (3) Termination of this Memorandum of Understanding
will not prejudice any ongoing
co-operation arising out of this Memorandum of Understanding
before or up to
dates of its termination.

(4) If any provision of this Memorandum of Understanding is held invalid

due to the
reform of the laws of the People's Republic of Bangladesh or Japan,
the reformed
laws shall take precedence over this Memorandum of Understanding.

Afticte 16
Language

This Memorandum of Understanding has been executed in English.

IN WITNESS WHEREOF, the undersigned being dully authorized thereto by their

respective institution, have signed this Memorandum of Understanding.

Sunday of 12th of March,2077

FOR AND ON BEHALF OF FOR AND ON BEHALF OF

THE MINISTRY OF EXPATRIATES' INTERNATIONAL MANPOWER
WELFARE ANDovERsEAs DEVELOPMENT oRGANrzATroN,
EMPLOYMENT JAPAN
GOVERNMENT OF THE PEOPLE'S
REPUBTIC OF BANGLADESH

&ry1 '*vf^Y*,
^eX,1fitlrr+
NURUL ISLAM BSC
MINISTER
KYOEI YANAGISAWA
EXECUTTVE CHATRMAN (CEO)