On 9 November 2026 in Tokyo, Japan's Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare (MHLW) and National Police Agency signed a Memorandum of Cooperation (MOC) on the Employment for Skill Development Program (ESDP) with the Ministry of Home Affairs of the Socialist Republic of Viet Nam. The MHLW has posted the English text and a provisional Japanese translation on its page on bilateral arrangements for Employment for Skill Development.
This page sets out what the MOC provides, based on the English text, the provisional translation and the statutory record.
Overview
| Item | Details |
|---|---|
| Date and place of signature | 9 November 2026, Tokyo |
| Japanese side | Ministry of Justice, Ministry of Foreign Affairs, MHLW, National Police Agency |
| Vietnamese side | Ministry of Home Affairs of the Socialist Republic of Viet Nam |
| Language | English, in duplicate. The MHLW has posted a provisional Japanese translation |
| Start of cooperation | Date of signature |
| Duration | Five years from signature, extended automatically for a further five years unless either side gives written notice at least 60 days before the end date |
| Legal nature | Does not constitute an international treaty and creates no rights or obligations under international law |
| Contact point (Japan) | International Affairs Department of the Organization for Employment for Skill Development (ESDO); until the ESD Act takes effect, that of the Organization for Technical Intern Training (OTIT) |
| Contact point (Viet Nam) | Department of Overseas Labour (DOLAB), Ministry of Home Affairs |
The stated purpose of the MOC is to protect Skill Development Employees and to promote the ESDP adequately by setting out the commitments of both sides to sending and accepting Skill Development Employees.
Terms in the MOC are to be interpreted consistently with Japan's Act on Proper Implementation of Employment for Skill Development and Protection of Skill Development Employees (the "ESD Act") and its Ordinance.
Forms of acceptance (as defined in the MOC)
| Form | Summary of the MOC definition |
|---|---|
| Individual-enterprise-type ESD | An employee of a Japanese organization's establishment in Viet Nam (head office or branch, parent or subsidiary, or an entity with the same parent) is accepted by that organization to work at its place of business in Japan |
| Supervising-organization-type I ESD | A Vietnamese national is accepted by a Japanese not-for-profit corporation and works at a Japanese organization's place of business in Japan |
| Supervising-organization-type II ESD | An employee of a Vietnamese organization in a "close trading relationship" with a Japanese organization is accepted by that Japanese organization to work in Japan |
For type II, a Vietnamese organization in a "close trading relationship" with a Japanese organization means either:
- an organization with a track record of continuous international trade with the Japanese organization for at least one year, or of international trade worth at least JPY 1 billion in the past year; or
- an organization recognized by the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare as having a close trading relationship, such as an international business alliance with the Japanese organization.
Both sides commit to publicizing that, under Vietnamese law, Individual-enterprise-type ESD and type II ESD are carried out through "public service units" (ministries, ministerial-level agencies or public service units under government agencies assigned to send Vietnamese workers abroad under contract), and that Japanese implementing organizations sign labour supply contracts with those units and pay administrative fees.
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| Item | What the MOC provides |
|---|---|
| Who will be accepted | Japan will not accept Skill Development Employees sent by organizations other than recommended sending organizations. Even those from recommended organizations may be refused, for example where the ESD plan is not accredited |
| Type I confirmation | Only workers on the list of recommended Skill Development Employees confirmed by DOLAB will be accepted |
| Letters of recommendation | Provided Japan receives the complete list of recommended sending organizations, letters of recommendation for recommended sending organizations issued by the Ministry of Viet Nam will not be required |
| Publication | Information on recommended sending organizations, and on withdrawals of recommendation, received from Viet Nam will be published in Japan |
| Supervision and notice | Administrative measures against supervising organizations or implementing organizations (revocation, improvement orders and the like) will be notified to Viet Nam |
| Change of workplace | A support system will be established, including support where a Skill Development Employee wishes to change workplace |
| Brokers | Japan will work with Viet Nam on measures aimed at eliminating brokers, including promoting the use of the public platform |
Main commitments of the Ministry of Home Affairs of Viet Nam
- Prepare guidelines detailing the recruitment process and selection criteria in line with Japanese law, and carry out the sending of workers
- Not allow any public body other than the Ministry to make the recommendation of sending organizations that can properly refer applications for Supervising-organization-type I ESD to supervising organizations (the recommendation provided for in Article 20, item (i) of the ESD Act Ordinance)
- Recommend to Japan sending organizations confirmed to have pledged to meet the criteria, and publish their names and other information
- Withdraw the recommendation of a sending organization found not to meet the criteria, and notify Japan
- Develop and use the public platform so that Vietnamese nationals can easily access job information through recommended sending organizations and the platform
- Inform recommended sending organizations that workers should be sent only after it is confirmed, through official documents issued in Viet Nam and obtained and submitted by the individual, that the individual has no specified criminal record
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Treatment of Skill Development Employees (matters reaffirmed in the MOC)
| Item | What the MOC provides |
|---|---|
| Explanation of working conditions | The prospective implementing organization or the supervising organization explains working conditions in person or online before the employment contract is concluded |
| Labour laws | The Labour Standards Act, the Industrial Safety and Health Act, the Equal Employment Opportunity Act and other labour laws apply, with the same protection as Japanese workers |
| Pregnancy and childbirth | Contracts should not contain provisions contrary to Japanese law, such as an obligation to return home on grounds of pregnancy or childbirth |
| Sending organization costs | Of the costs collected from Skill Development Employees, the recommended sending organization collects the minimum costs (including travel to Japan) equal to the difference between costs collected under Japanese law and under Vietnamese law from the supervising organization and/or implementing organization, where there is a written agreement |
| Japanese language courses | Supervising organizations and implementing organizations bear the cost of the Japanese language courses required under Japanese law; this cost is not included in the costs above |
Suspension clauses
| Clause | What the MOC provides |
|---|---|
| Suspension of acceptance (10) | If Viet Nam does not properly implement its commitments and consultation does not resolve the matter, Japan may, where it judges this truly unavoidable, restrict (including suspend) acceptance by written notice |
| Suspension of sending (11) | Correspondingly, Viet Nam may restrict (including suspend) sending if Japan does not properly implement its commitments |
| Suspension of plan accreditation (12) | Japan sets and publishes an expected acceptance number for each industrial field and, in principle, operates it as the cap. Where acceptance exceeds it, Japan may temporarily suspend accreditation of ESD plans in that field, after giving Viet Nam prior written notice |
Statutory position
According to the revision history on e-Gov Laws Search, Act No. 60 of 2024 renames the Act on the Proper Implementation of Technical Intern Training and Protection of Technical Intern Trainees as the Act on Proper Implementation of Employment for Skill Development and Protection of Skill Development Employees, and the revised version takes effect on 1 April 2027.
The same MHLW page also lists MOCs on Employment for Skill Development with Uzbekistan, Sri Lanka, Thailand, Bangladesh, Timor-Leste and Laos.
Sources
- MHLW, "Bilateral arrangements on Employment for Skill Development (Memoranda of Cooperation)" (Japanese) https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000180648_00012.html
- MOC between the Ministry of Justice, the Ministry of Foreign Affairs, the MHLW and the National Police Agency of Japan and the Ministry of Home Affairs of Viet Nam (English) https://www.mhlw.go.jp/content/11800000/001767773.pdf
- Provisional Japanese translation https://www.mhlw.go.jp/content/11800000/001767774.pdf
- Act on the Proper Implementation of Technical Intern Training and Protection of Technical Intern Trainees (e-Gov Laws Search, Japanese) https://laws.e-gov.go.jp/law/428AC0000000089
This page is compiled from material published by government agencies and from statutory text. Please consult a lawyer where a decision is needed on how to accept foreign workers or how to respond to the Employment for Skill Development system.