Silviase/jgov_v1.4_full_ann huggingface dataset:
crewmembers.

## 3 Simplifying Matters Described in the Lists of Crewmembers and Passengers

With the conclusion of the Convention on Facilitation of International Maritime Traffic (FAL Convention), the Ministry of Justice promulgated the Ministerial Ordinance for Partial Amendment of the Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act (Ordinance of the Ministry of Justice No. 74) on June 13, 2005, and which into force on June 30, 2005. Thereby, it has become unnecessary to state the company name, which had to be stated in the lists of crewmembers and passengers in the past, and the item "date and time of arrival" was changed to the "date of arrival."

## Section 3 ◆ Smooth Acceptance of Foreign Workers Needed in Japanese Society

## 1 Expanding Acceptance of IT Engineers from Abroad

In recent years, IT-related technology has seen remarkable developments, and the need for IT engineers has also been increasing. In March 2001, the IT Strategy Headquarters drew up the “e-Japan Priority Policy Program”. According to this program, the Immigration Bureau should identify problems in the present immigration control system, such as the landing permit criteria applicable to IT engineers, and also take necessary action to secure high-quality technical professionals and experts in Japanese society by further accepting IT engineers and other technical experts from foreign countries.

In this respect, the Ministry of Justice stated in the Basic Plan for Immigration Control (2nd edition) formulated on March 2000 that “smooth acceptance of foreign nationals in response to new domestic and international social needs” is one of the critical issues, and “as telecommunications development is largely contributing to development of other industries, the immigration control administration should also contribute to assertive securing and exchange of human resources in such fields”. In accordance with this policy, with a view to responding to the need for more IT engineers, the Ministerial Ordinance on the Criteria for the Status of Residence of “Engineer” was partially amended in December 2001 to ease the standards for accepting IT engineers from abroad. Namely, foreign nationals who have passed foreign examinations or obtained qualifications on information processing skills, which are mutually certified by Japanese IT-related examinations or qualifications and are designated by the Minister of Justice in the Official Gazette, may enter Japan irrespective of whether or not they satisfy the criteria for landing permission regarding the status of
“Engineer”, i.e., “having graduated from or completed a course at a college or acquired equivalent education, or having at least 10 years’ work experience”.

Foreign examinations and qualifications which are mutually certified in Japan and designated by the Ministry of Justice in the Official Gazette are examinations and qualifications implemented and granted in Singapore (as of December 28, 2001), R.O. Korea (as of July 19, 2002), China (as of July 19, 2002), the Philippines (as of May 30, 2003), and Viet Nam (as of May 30, 2003). On August 27, 2004, the Ministry of Justice revised the Minister’s notice to additionally certify the examinations implemented in Myanmar and Taiwan.

The Three-Year Program for Promoting Regulatory Reform formulated at the end of FY 2003 also states that the government will review the system relating to the acceptance of foreign nationals, including the criteria for landing permission for IT engineers, and continue to take necessary measures. In the future, the countries covered by mutual certification of foreign examinations and qualifications will be expanded.

## 2 Applying the Preferential Regulatory Measures of Special Rules for the Immigration Control Act in Accordance with the Law on the Special Zones for Structural Reform Nationwide

On December 11, 2002, the Diet passed the Law on the Special Zones for Structural Reform (hereinafter referred to as “Special Zone Rules”), which became effective on April 1, 2003. The Japanese central government implemented preferential measures as exceptions to the existing regulations after hearing proposals from the local governments. In this relation, the government implemented the project to further accept foreign researchers to Japan as an exception to the Immigration Control Act. In this project, if foreign researchers intend to engage in research activities and also business activities using the research results of research facilities in the special zones, they can engage in both activities without changing their status of residence or without obtaining permission for engaging in activities other than those authorized under the status of residence previously granted. In addition, these researchers may stay in Japan for five years without renewing their period of stay. Furthermore, for the foreign researchers described above and for those who only engage in research activities at universities or other research facilities in the special zones (including family members of both types of researchers), the maximum period of stay granted without extension has been extended from three years to five years. In addition, the amendment to the Special Zone Rules became effective on October 1, 2003.

With regard to the data processing industry, which is the key industry for pioneering industries (e.g., robotics, biotechnology, the environment) that will create new business through the development of new technologies and services and will play an important role in
industrial development, the maximum period of stay applicable to data processing specialists who are expected to be employed in this industry at places of business located in the special zones has been extended from three years to five years.

These preferential regulatory measures in the special zones are evaluated by the Evaluation Committee of the Headquarters for the Promotion of Special Zones for Structural Reform (HPSZSR). If the Evaluation Committee finds that there are no problems with a preferential measure, the government will immediately apply it nationwide. The Evaluation Committee assessed the project to further accept foreign researchers to Japan and the project to further accept foreign data processing specialists to Japan as not causing any adverse effect due to preferential regulatory measures. Consequently, the HPSZSR decided to apply these projects nationwide in September 2004 and in February 2005. Moreover, in October 2005, as an item of regulatory reform to be implemented nationwide, the HPSZSR decided to extend the maximum period of stay for foreign professors who are not covered by preferential regulatory measures under the project to accept foreign researchers to Japan, from three years to five years (see Chapter 1, Section 1, 3 with respect to measures to develop these preferential regulatory measures nationwide).

## 3 Guidelines on Granting the Status of “Permanent Resident”

Foreign nationals will be granted the status of “Permanent Resident” if they contribute to Japanese society, stay in Japan for five years or longer, and satisfy other requirements as stipulated in applicable law. The Basic Plan for Immigration Control (3rd Edition) also calls for clearer and more transparent requirements for granting the status of “Permanent Resident”. In this relation, the Immigration Bureau has decided to disclose cases in which the “contribution to Japanese society” of the status of “Permanent Resident” is clearly shown. After preparing the guidelines on evaluation factors such as award-winning history and past records in diplomatic, economic/industrial, cultural and fine arts categories on March 31, 2005, the bureau disclosed the guidelines on its website.

On March 31, 2006, the Immigration Bureau created the “Guidelines on Granting the Status of “Permanent Resident”” which announced the general requirements for the status of Permanent Resident and criteria for the number of years of stay. The Immigration Bureau also partially revised the guidelines on “contribution to Japanese society” with the aim of further relaxing, clearly articulating and refining the requirements for permission.
## 4 Granting the Status of Residence of “Temporary Visitor” to Foreign College Students Who Seek Jobs in Japan after Graduation

Foreign students who seek jobs in Japan after graduation from college may change their status of residence from “College Student” to “Temporary Visitor” and extend their period of stay if the college they graduated from recommends them as eligible candidates to change their status of residence for the purpose of seeking jobs in Japan. Such students may stay in Japan for a maximum period of 180 days.

In addition, as most Japanese firms employ new graduates in April, it is said that foreign students will not be able to stay in Japan if they graduate from college and are due to start working for a company in April of the following year. To address this problem, foreign students may stay in Japan until they start work if they submit a document describing their employment information (e.g., start of employment, the valid period of the contract and the activities). The Immigration Bureau has been implementing this measure since March 2006.

## 5 Granting the Status of Residence to Foreign Nationals Who Seek Jobs in Japan after Graduating from Special Training Colleges

In addition to university graduates, a foreign national who seeks a job may stay in Japan if he completes a specialized course at the specialized training college level, and has the degree of Associate of Vocational Arts. The Immigration Bureau has been implementing this measure since March 2006.

## 6 Easing Employment Restrictions to Accept Foreign Doctors and Nurses

On December 24, 2004, the Council for the Promotion of Regulatory Reform submitted the “First Report on the Promotion of Regulatory Reform and the Opening Up of Government-Driven Markets for Entry into the Private Sector”. According to this report, foreign doctors with Japanese state qualifications should be able to perform their work on the same terms as Japanese doctors, and the employment restrictions on these foreign doctors should be removed so that they will be able to have an authorized employment status similar to other foreign workers rather than performing their tasks as a trainee. When removing the employment restrictions on foreign doctors, consideration should be given to the ensuing impacts on the domestic labor market and the positive impacts on rationalizing Japan’s medical care services. Consideration should also be given to the feasibility of setting up a quota or other necessary measures on foreign doctors if there is a sudden extreme influx of foreign doctors.

The report also mentions foreign nurses with Japanese state qualifications. According to the report, foreign nurses with Japanese state qualifications should be able to perform their
work on the same terms as Japanese nurses. A decision should be quickly made to eliminate applicable employment restrictions on them or to extend their period of stay. In this process, consideration should be given to the ensuing impacts on the domestic labor market and the positive impacts on rationalizing Japan's medical care services. Consideration should also be given to the feasibility of setting up a quota or other necessary measures on foreign nurses if there is a sudden extreme influx of foreign nurses.

As a result, the Ministerial Ordinance for Partial Amendment of the Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, Paragraph 1(2) of the Immigration Control Act (Ordinance of the Ministry of Justice No. 29 of 2006) was promulgated on March 30, 2006, and was enforced on the same day. The amendment of the Ministerial Ordinance on the criteria stipulated the elimination of the employment restrictions on doctors and easing of the employment restrictions on nurses.

## 7 Clarification of the Criteria for the Status of Residence of Foreign Business Managers

According to the “Policy Actions on Market Access Issues” (March 24, 2005) issued by the Office of Trade and Investment Ombudsmen, the criteria for the securing of a business facility concerning the status of residence of “Investor/Business Manager” and the criteria for the continuity of business required to engage in the activities of the status of residence of “Investor/Business Manager” should be clarified, and documents to confirm the amount of investment should be included in materials that applicants are required to submit in the application.

As a result, the Ministerial Ordinance for Partial Amendment of the Immigration Control Act Enforcement Regulations (Ordinance of the Ministry of Justice No. 74 of 2005) was promulgated on June 13, 2005, and was enforced on June 30, 2005. Thereby, “documents to clarify the amount of investment” was added to the materials required to be submitted in the application for a certificate of eligibility approval for the status of residence of “Investor/Business Manager.”

Moreover, in August 2005, “Clarification of the Criteria for the Status of Residence of Foreign Business Managers” was formulated and published, and notice of a lease contract was announced. For example, as for securing of a business facility, requirements will not be deemed to have been fulfilled if a short-term lease space or an easily disposable booth is used as a business facility. If the business facility is leased premises, the lease contract shall clarify that the premises are to be used for business, store, or office purposes. Regarding the continuity of business, rather than emphasis being laid on the status of settlement of accounts for one single fiscal year the criteria for determination was indicated as the status of settlement of accounts for the last two fiscal years.
## 8 Easing Requirements for the Status of Residence of “Intra-Company Transferee” under the Law on the Special Zones for Structural Reform

Based on the decision of the Headquarters for the Promotion of Special Zones for Structural Reform (HPSZSR) on September 12, 2003, the project for further establishment of foreign companies' branches has been implemented since April 2004. Under the program, when a foreign company without any branches in Japan prepares to establish a branch in Japan, if a local government provides the company with its own facility as a business location the staff of the company will be granted the status of residence of "Intra-company Transferee" from the time of entry. As the HPSZSR decided to apply the project nationwide, the project has been implemented nationally since September 2005.

Moreover, the project for further establishment of foreign companies’ branches with the aid of the local government has been implemented since January 2006 only within the special zones. Under the program, when a foreign company without any branch in Japan prepares to establish a branch in Japan, if a local government provides the company with a facility designated as the subject of aid as a business location, the staff of the company will be granted the status of residence of “Intra-company Transferee” from the time of entry under certain conditions.

## 9 Easing Employment Restrictions on Aircraft Pilots

The Ministerial Ordinance on the criteria for the status of residence of “Skilled Labor” stipulates the flight experience requirement for pilots of aircraft used for air transportation services. However, the number of flight hours set is for pilots at the level of chief pilot of a large aircraft. Therefore, with changes in the environment surrounding air service such as expansion of airports and expected increase in demand for medium-sized aircraft, provisions to accept pilots are to be developed in consideration of the high expertise of the profession. The Ministerial Ordinance for Partial Amendment of the Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, Paragraph 1(2) of the Immigration Control Act (Ordinance of the Ministry of Justice No. 95 of 2005) was promulgated on September 28, 2005, and was enforced on October 1, 2005. Thereby, the flight experience requirement relating to persons, who work on aircraft used for air transportation services, engaging in duties as a pilot was reduced from “2,500 hours or more” to “1,000 hours or more”.
# Section 4 ◆Appropriate and Smooth Promotion and Further Enrichment of Training and Technical Internship Programs

## 1 Projects for Promoting Human Resource Development through Acceptance of Foreign Trainees

In some geographical areas, small and medium-sized enterprises possess major technological skills in specific industries. On October 1, 2003, as part of the special measures for the special zones for structural reforms, the Ministry of Justice designated measures for the special rules to partially ease the limit on the number of trainees to be accepted when the industry in the special zone has a close economic relationship with the country that sends the trainees.

## 2 Association Managed Training

Problems have been pointed out with regard to the acceptance of trainees in the training programs under the so-called scheme of association managed training, and in particular, the organizational training of cross-industry associations. As a result of a survey on the actual conditions of the acceptance of trainees, 180 accepting entities were judged to have committed improper conduct as of 2005.

With regard to the trade associations (so-called primary accepting entities), examples of improper conduct, such as providing false information in the application forms submitted to the Immigration Bureau, were seen. Namely, the difference between information provided in the audit reports on member firms (the so-called secondary accepting entities) and the actual situation, no implementation of group training sessions, and differing from training/practice plans.

Further, as to trade associations’ member firms (secondary accepting entities), these member firms had trainees engage in overtime work, sent their trainees to other firms suffering from labor shortages, employed illegal workers, or employed foreign workers in a way which violated the labor laws.

## 3 Review of Training and the Technical Internship Programs

To properly and smoothly operate and improve the training and technical internship programs, it is necessary to review the program operations while closely cooperating with the other ministries concerned. As pointed out in the Basic Plan for Immigration Control (3rd Edition) dated March 29, 2005, the Immigration Bureau will examine the establishment of a new status of residence for technical internship trainees and also review the current
frameworks such as protective measures for trainees while paying due attention to encouraging proper and smooth technical transfers.

# Section 5 ◆ Promoting Academic, Cultural and Youth Exchange, and Smooth and Appropriate Acceptance of Foreign Students

1 Ensuring More Proper Examination of Applicants for the Statuses of Residence of “College Student” and “Pre-college Student”

Since 1983, following the 100,000 Foreign Students Plan, the Japanese government has been actively promoting the acceptance of students from abroad as its basic policy.

However, the number of foreign students overstaying in Japan has been increasing in recent years (Chart 28, Table 50), and crimes committed by foreign students have become a serious social problem. Furthermore, illegal workers are entering Japan pretending to be a student, and many foreign students are engaging in activities not permitted by their status of residence. Due to such changes in circumstances concerning foreign students, in November 2003, the Immigration Bureau started to give consideration, as an important issue for examination, to whether or not applicants for the status of “College Student” or the status of “Pre-college Student” have the intention or ability to study and the capability to pay the expenses required for study, and has been aiming at examining applicants much more stringently.
Table 50 Changes in the number and percentage of overstayers who entered Japan with “College Student” and “Pre-college Student”

Date Division	January 1 2000	January 1 2001	January 1 2002	January 1 2003	January 1 2004	January 1 2005	January 1 2006
Total number of overstayers	251,697	232,121	224,067	220,552	219,418	207,299	193,745
College Student	5,100	4,401	4,442	5,450	6,672	8,173	7,628
Percentage of total (%)	2.0	1.9	2.0	2.5	3.0	3.9	3.9
Pre-college Student	11,359	10,025	9,953	9,779	9,511	8,506	7,307
Percentage of total (%)	4.5	4.3	4.4	4.4	4.3	4.1	3.8

## 2 Instructions to Problematic Educational Institutions

Some educational institutions did not manage the enrolled students properly as they had not sufficiently confirmed the intention of the candidates to study or their capacity to pay expenses when screening, or had not verified the addresses of the students or their part-time work behavior. From this viewpoint, the Immigration Bureau conducted a survey to identify the actual conditions of educational institutions in FY 2005.

Moreover, the Immigration Bureau required that at the educational institutions of which the enrolled student was detected on a charge of illegal working or was arrested for a penal code offense, a report be made on the method of screening students and the method of managing enrolled students, and that the situation be thoroughly improved.

In addition, based on the current condition that a considerable number of foreign students are overstaying in Japan, the Immigration Bureau informed universities, technical colleges and Japanese language schools of the proper management of enrolled students through conferences and other opportunities.

## 3 Programs for Accepting Foreign Students of the Evening Classes of Graduate Schools

According to the conventional Immigration Control Act, if a foreign student intended to study at a Japanese university with the status of residence of “College Student” by exclusively enrolling in graduate school evening classes, the foreign student could not enter Japan because he did not satisfy the criteria for landing permission regarding the status of “College Student” (Ordinance of the Ministry of Justice). On the other hand, as the ways of learning are diversifying, there is a growing demand for education at the evening classes of graduate schools. In order to promote acceptance of high-quality foreign students in graduate schools, as one of the special measures applicable to the special zones for structural reform, a ministerial ordinance to provide special measures applicable to the special zones for structural