Unofficial translation
In accordance with subparagraph 14-5) of Article 11 of the Law of the Republic of Kazakhstan "On population migration" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services," I hereby ORDER:
1. Approve:
1) Rules for issuing or extending certificates to a foreigner or stateless person on the conformity of his qualification for independent employment in accordance with Annex 1 to this order;
2) a list of priority industries (types of economic activity) and professions in demand in them for the independent employment of foreigners and stateless persons in accordance with Annex 2 to this order.
2. Invalidate certain orders of the Ministry of Health and Social Development of the Republic of Kazakhstan and the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan in accordance with Annex 3 to this order.
3. The Migration Committee of the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan, in accordance with the procedure established by the Law, shall ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource of the Ministry of Labour and Social Protection of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submit to the Department of Legal Service of the Ministry of Labour and Social Protection of the Republic of Kazakhstan of information on the implementation of measures provided for in subparagraph 1 and 2) of this paragraph.
4. Control over the execution of this order shall be entrusted to the First Deputy Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan.
5. This order shall enter into force on July 1, 2023 and shall be subject to official publication.
Deputy Prime Minister
- Secretary of Labour
and Social Protection of the Population
Republic of Kazakhstan T. Duissenova "AGREEDD"
Minister of Internal affairs
of the Republic of Kazakhstan
"AGREED"
Minister of National Economy
of the Republic of Kazakhstan
Annex 1 to the order of the Deputy Prime Minister - Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated June 22, 2023 № 236 |
Rules for issuing or extending certificates to a foreigner or stateless person on the compliance of his qualification for self -employment Chapter 1. General provisions
1. These Rules for issuing or extending certificates to a foreigner or stateless person on the compliance of his qualification for self- employment (hereinafter referred to as the Rules), developed in accordance with subparagraph 14-5 of Article 11 of the Law of the Republic of Kazakhstan dated July 22, 2011 "On population migration" (hereinafter referred to as the Law), with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and shall determine the procedure for issuing or extending certificates to a foreigner or stateless person on the compliance of his qualifications for self-employment.
2. The following basic concepts shall be used in these Rules:
1) certificate of compliance of qualifications for self-employment (hereinafter referred to as the certificate) - a document of the established form issued in the procedure determined by the authorized body for population migration, a foreigner or a stateless person who shall meet the requirements of qualifications and level of education, for self- employment in the Republic of Kazakhstan in professions in demand in priority sectors of the economy (types of economic activity);
2) local executive body for social protection and employment of the population - the local executive body of the region, cities of republican significance, the capital, which shall determine the directions in the field of social protection and employment of the population (hereinafter referred to as the local executive body);
3) the authorized body for population migration shall be the central executive body that, within its competence, exercises leadership in the field of population migration, regulation of migration processes, coordination of work and implementation of state policy in the field of population migration (hereinafter referred to as the authorized body for population migration).
Chapter 2. Procedure for issuing or extending a certificate to a foreigner or stateless person on the compliance of his qualification for self-employment
3. A foreigner or stateless person (or a person authorized by him) to receive a public service "Issuance or extension of a certificate to a foreigner or stateless person on the compliance of qualifications for self-employment" (hereinafter referred to as the public service) shall send an application for issuing a certificate in the form in accordance with Annex 1 to these Rules through the e-government web-portal (hereinafter referred to as the application), with the attachment of the documents specified in the list of basic requirements for the provision of public services "Issuance or extension of a certificate to a foreigner or stateless person on the conformity of qualifications for independent employment" (hereinafter - the list of requirements for the provision of public services) in accordance with Annex 2 to these Rules.
4. The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the list of requirements for the provision of public services in accordance with Annex 2 to these Rules.
5. When the applicant submits documents on the "e-government" web portal, the "personal account" displays the status of acceptance of the application for the provision of public services, indicating the date and time of receipt of the result of the public service.
6. Commission for assessing the conformity of a foreigner or stateless person with the requirements for qualifications and level of education (hereinafter - the Commission) is created by local executive bodies, the Commission includes representatives of local executive bodies, representatives of territorial bodies, authorized body in the field of education, internal affairs bodies, state support for industrial and innovative activities, the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken," associations, as well as representatives of territorial bodies of central state bodies, the supervised industries of which shall be provided for in the list of priority industries (types of economic activity) and professions in demand in them for the independent employment of foreigners or stateless persons.
7. If the submitted documents comply with the list of requirements for the provision of public services in accordance with Annex 2 to these Rules, an employee of the local executive body shall submit them to the Commission for consideration within two working days from the date of registration of the documents.
8. When considering applications and documents of foreigners or stateless persons, the Commission checks their compliance with the qualifications and level of education for demanded professions in priority sectors of the economy, approved in accordance with subparagraph 14-5) of Article 11 of the Law of the Republic of Kazakhstan "On population migration."
The level of education (vocational training) and experience (experience) of practical work of a foreigner or stateless person applying for a certificate must meet qualification requirements in accordance with professional standards in accordance with paragraph 2 of Article 117 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 (hereinafter referred to as the Labour Code), the Qualification directory of positions of managers, specialists and other employees, approved by the authorized body in accordance with subparagraph 16-1) of Article 16 of the Labour Code, standard qualification characteristics of positions of managers, specialists and other employees of organizations.
9. The Commission shall make an assessment on the basis of the analysis of the documents submitted by the foreigner or stateless person, as well as the criteria of qualification characteristics provided for in paragraph 10 of these Rules, and make recommendations on the issuance or refusal to issue a certificate to the foreigner or stateless person, with a reasoned justification of the reasons for the refusal provided for in paragraph 12 of these Rules. The decision of the Commission shall be made separately in relation to each foreigner or stateless person, drawn up by the protocol and signed by the members of the commission present at the meeting.
10. According to the qualification criteria, the following points shall be awarded to a foreigner or stateless person by the Commission:
1) education:
higher education in a specialty corresponding to professions in demand in priority sectors of the economy (types of economic activity) - 3 points;
degree in a specialty corresponding to professions in demand in priority sectors of the economy (types of economic activity) - 4 points;
certificate for teaching English - 3 points;
2) work experience:
work experience in a specialty corresponding to profession in demand in priority sectors of the economy (types of economic activity):
1 to 3 years - 2 points;
from 4 to 10 years old - 4 points;
from 11 years and above - 6 points.
11. Based on the recommendation of the Commission, the local executive body, within 5 (five) working days from the date of adoption of the application, shall decide to issue a certificate to a foreigner or stateless person on the compliance of qualifications for independent employment in the form in accordance with Annex 3 to these Rules, or to refuse to provide public services.
12. Refusal to issue a certificate to a foreigner or stateless person shall be carried out in accordance with the List of requirements for the provision of public services.
13. The result of the provision of the state service shall be sent to the "personal account" of the applicant on the portal in the form of an electronic document signed by an electronic digital signature of an authorized person of the service provider.
14. The certificate issued by the local executive body shall not be subject to transfer to another person and be valid on the territory of the Republic of Kazakhstan.
15. The certificate shall be issued for a period of no more than three months.
16. If the documents submitted by a foreigner or stateless person comply with the list of basic requirements for the provision of public services to extend the term of the certificate, the local executive body within three working days shall extend the certificate for the term of the employment contract, but not more than three years.
17. To extend the term of the certificate, a foreigner or stateless person, within five working days from the date of conclusion of an employment contract with the employer, shall send through the "e-government" web-portal the documents provided for in the List of requirements for the Provision of public services to extend the certificate.
18. If the employer changes during the validity period of the certificate, the foreigner or stateless person shall send a written notice to the local executive body within five working days from the date of the conclusion of the new employment contract.
19. In the event of a change of employer, the issuance of a certificate to a foreigner or stateless person shall be carried out in the manner prescribed by paragraphs 16 and 17 of these Rules.
20. Upon termination of the employment contract on the grounds provided for by the labour legislation of the Republic of Kazakhstan, a foreign employee or stateless person within five working days shall send a written notice to the local executive body in any form.
21. The basis for revoking a certificate shall be the performance by a foreigner or stateless person of labour activity by profession that shall not correspond to the certificate.
22. Re-registration of a previously issued certificate shall be carried out when changing the surname, first name, patronymic (if any), number and series of the identity document of a foreigner or stateless person.
A foreigner or stateless person within five working days from the date of changing the last name, first name, patronymic, number and series of the identity document of the foreigner or stateless person, shall submit an application through the web portal of the "electronic government" for the renewal of the certificate, with the attachment of copies of documents confirming the specified information.
The local executive body, within three working days from the date of submission of the application, reissues the certificate with the assignment of a new number.
23. The certificate shall enter the expiry date when:
1) expiration of the period for which it has been issued;
2) revocation of the issued certificate;
3) detection of the performance of work by a foreigner or stateless person by profession that shall not correspond to the certificate.
Chapter 3. Procedure for appealing decisions, actions (inaction) of central state bodies, as well as service providers and (or) their officials on the provision of public services
24. Consideration of a complaint on the provision of public services shall be carried out by a higher administrative body, official, authorized body for assessment and control over the quality of public services (hereinafter referred to as the body considering the complaint).
The administrative body (official) whose decision, action (inaction) shall be appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
At the same time, the administrative body (official) whose decision, action (inaction) shall be appealed, has the right not to send a complaint to the body considering the complaint, if it makes a decision or other administrative action that fully meets the requirements specified in the complaint within three working days.
The complaint shall be considered within the deadlines established by the Administrative Procedural Code of the Republic of Kazakhstan.
25. The complaint of the service recipient received by the service provider in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan "On public services" shall be subject to consideration within 5 (five) working days from the date of its registration.
26. The complaint of the service recipient received by the local executive body for assessment and control over the quality of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
The applicant's complaint received by the body considering the complaint shall be considered within fifteen (15) working days from the date of its registration.
27. In case of disagreement with the results of the public service rendered, the applicant applies to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
28. Unless otherwise provided by the Laws of the Republic of Kazakhstan, appeal in court is allowed after appeal in an administrative (pre-trial) manner in accordance with paragraph 5 of Article 91 of the APC of the Republic of Kazakhstan.
APPLICATION
You are hereby kindly requested to issue/extend the Certificate of qualification for self-
employment by profession ______________________________________________
_________________________________________________________________________
(specify profession, branch of economy (type of economic activity)
according to the list approved by the order of the authorized body for
population migrations.
Employer information (when renewing the certificate): _____________________________
__________________________________________________________________________
(employer's name, business identification number or individual
employer identification number)
I hereby consent to the collection and processing of my personal data required for
issuing a certificate of qualification for self-employment.
Attached to the application:
1) __________________________________________________
2) __________________________________________________
Application date: __________"___" 20 _
Applicant's signature _________________
Annex 2 to the Rules for issuance or extending certificate to a foreigner or a stateless person on compliance of its qualification for self-employment |
List of basic requirements for the public services provision "Issuance or extension of a certificate to a foreigner or stateless person on the compliance of qualifications for self-employment" | ||
1 | Name of the service provider | Local executive bodies of regions, cities of republican significance, the capital (hereinafter referred to as the service provider) |
2 | Methods of public service provision | www.egov.kz eGovernment Web Portal, www. elicense.kz |
3 | Term of public service provision |
Issuance of a certificate for up to three months - within 6 (six) working days (from the date of registration of the application). |
4 | Form of public service provision | Electronic |
5 | Results of public service provision | Certificate of qualification for self- employment according to the form in accordance with Annex 3, or a reasoned response on refusal to provide public services on the grounds provided for in paragraph 9 of this List of requirements for the provision of public services. |
6 | The amount of payment charged from the service recipient in the public service provision, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan | Free |
7 | Work schedule |
The work schedule of the portal shall be round the clock, with the exception of technical breaks due to repair work (when the service recipient applies after the end of working hours, on weekends and holidays, in accordance with the Labour Code of the Republic of Kazakhstan (hereinafter referred to as the Code), applications shall be received and the result of the public service provision shall be issued the next working day). |
8 | List of documents and information requested from the service recipient for the public service provision |
1. To issue a certificate: |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1. Non-compliance with the requirements for qualifications and level of education for professions in demand in priority sectors of the economy (types of economic activity) provided for by the list of priority sectors (types of economic activity) and professions in demand in them for independent employment of foreigners and stateless persons. |
10 | Other requirements, taking into account the specifics of the public service provision, including those provided in electronic form |
1. The service recipient has the opportunity to receive information about the procedure and status of the public service provision through the Unified Contact Centre "1411." |
Annex 3 to the Rules for issuance or extending certificate to a foreigner or a stateless person on compliance of its qualification for self-employment |
|
Form |
_________________________________________________________________
name of the local executive body
Certificate on qualification for self- employment
№_______ | dated ____________" " 20__ |
Issued by
______________________________________________________________
(surname, first name, patronymic (if any)
_______________________________________________________________
that he (she) meets the requirements of qualification and level
education for self-employment in the Republic of Kazakhstan
in the following profession in demand in priority sectors of the economy:
_______________________________________________________________
_______________________________________________________________
(indicate the profession in demand in priority sectors of the economy, industry
according to the list of priority industries and those in demand in them
professions for independent employment of foreigners and persons stateless by
an approved migration authority population.
Basis for issuing a certificate
_________________________________________
The certificate shall be valid from ______ to ____________
(day, month, year) (day, month, year)
Place for sealing
_______________________________________________________________
(surname, initials) (signature)
Annex 2 to the order of the Deputy Prime Minister - Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated June 22, 2023 № 236 |
List of priority sectors of the economy (types of economic activity) and professions in demand in them for independent employment of foreign workers
№ | Priority sectors of the economy | Type of economic activity | Professions |
1 | 2 | 3 | 4 |
1. | General secondary education |
1. Teacher - 6 and 7 qualification levels according to the National (industry) qualifications framework (recommended positions for employment in the organization of education: | |
Technical and vocational secondary education |
1. Teacher - 6 and 7 qualification levels according to the National (industry) qualifications framework (recommended positions for employment in the organization of education: | ||
Higher and postgraduate education |
1 Teacher, researcher - 7 and 8 qualification levels according to the National (industry) qualifications framework (recommended positions for employment in the organization of education: | ||
2. | Health care and the social service provision | Healthcare activities |
Anaesthesiologist-resuscitator |
3. | Real Estate Transactions, Leasing and Consumer Services | Computer-related activities |
1. Software support specialist (computer special effects specialist, information technology and electronics specialist, animation and computer graphics specialist) |
4. | Provision of utilities, social and personal services | Activities for the organization of recreation and entertainment, culture and sports |
1. Actor |
5. | Transport and communication | Railway transport activities | 1. Factory (railway products) receiving inspector |
Air transport activities |
1. Design engineer in aviation | ||
Marine transport activities |
Lawyer, economist, engineer - 7 and 8 levels of qualifications according to the National (industry) qualifications framework (recommended positions for employment in the organization: | ||
6. | Manufacturing industry | Metallurgical industry and production of finished metal products |
Lawyer, economist, engineer - 7 and 8 levels of qualifications according to the National (industry) qualifications framework (recommended positions for employment in the organization: |
Production of coke, petroleum products and nuclear materials |
Lawyer, economist, engineer - 7 and 8 levels of qualifications according to the National (industry) qualifications framework (recommended positions for employment in the organization: | ||
Production of food products, including beverages, and tobacco |
Lawyer, economist, engineer - 7 and 8 levels of qualifications according to the National (industry) qualifications framework (recommended positions for employment in the organization: | ||
Chemicals and petrochemicals |
1. The instrumentations and automatic equipment engineer (in the field of gas transportation) | ||
Production of machinery and equipment |
1. Chief engineer | ||
Production of electrical equipment, electronic and optical equipment |
1. Chief engineer | ||
Production of other non-metallic mineral products |
Lawyer, economist, engineer - 7 and 8 levels of qualifications according to the National (industry) qualifications framework (recommended positions for employment in the organization: |
Annex 3 to the order of the Deputy Prime Minister - Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated June 22, 2023 № 236 |
List of recognized as invalid orders of the Ministry of Health and Social Development of the Republic of Kazakhstan and the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan
1. Order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan dated June 13, 2016 № 503 "On approval of the Rules for issuing or extending certificates to a foreigner or stateless person on the compliance of his qualifications for self-employment, a list of priority industries (types of economic activity) and professions in demand in them for self-employment of foreigners and stateless persons " (registered in the Register of State Registration of Regulatory Legal Acts under № 14149).
2. Order 4 of the list of some orders of the Minister of Healthcare and Social Development of the Republic of Kazakhstan, as amended and added, approved by the order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated June 14, 2018 № 242 "On Amendments and Additions to Some Orders of the Minister of Healthcare and Social Development of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts under № 17194);
3. Order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated May 29, 2020 № 204 "On Amendments and Additions to the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 13, 2016 № 503" On Approval of the Rules for Issuing or Extending Certificates to a Foreigner or Stateless Person on the Compliance of His Qualifications for Self-Employment, List of Priority Industries (types of economic activity) and professions in demand in them for self-employment of foreigners and stateless persons " (registered in the Register of State Registration of Regulatory Legal Acts under № 20785).
4. Order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated December 25, 2020 № 537 "On Amendments of the Order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan dated June 13, 2016 № 503" On Approval of the Rules for Issuing or Extending Certificates to a Foreigner or Stateless Person on the Compliance of His Qualifications for Self-Employment, List of Priority Industries (types of economic activity) and professions in demand in them for self-employment of foreigners and stateless persons " (registered in the Register of State Registration of Regulatory Legal Acts under № 21931).