Unofficial translation
In compliance with sub-paragraph 4) of paragraph 2 of Article 36-1 of the Law of the Republic of Kazakhstan “On Migration”, WE HEREBY ORDER:
1. That the enclosed Rules for the Determination by the Commission of the List of Categories and Number of Foreigners and Stateless Persons Employed by Legal Entities that are Special Economic Zone Participants with Projects Costing Over One Million Monthly Calculation Indicators, as well as in Entities Engaged by the Specified Special Economic Zone Participants (or their Contractors) as a General Contractor, Contractor, Subcontractor or Service Provider, while Performing Construction and Installation Work on the Territory of Special Economic Zones, and Until the Expiration of One Year after Commissioning of the Facility(s) into Operations shall be approved as per the annex to this joint order.
2. That joint order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan № 567 of October 22, 2019 and the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan № 798 of October 23, 2019 “On Approval of the Rules for Determination by the Commission of the List of Categories and Number of Foreigners and Stateless Persons Employed by Legal Entities that are Special Economic Zone Participants with Projects Costing Over One Million Monthly Estimates, as well as by Entities Engaged by the Specified Special Economic Zone Participants (or their Contractors) as a General Contractor, Contractor, Subcontractor or Service Provider, While Performing Construction and Installation Work on the Territory of Special Economic Zones and Until One Year After Commissioning of the Facility(ies)” shall be deemed null and void (recorded in the Register of State Registration of Regulatory Legal Acts under № 19512).
3. That, in the order established by the legislation of the Republic of Kazakhstan, the Migration Committee of the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of Legal Service of the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan of information on the implementation of measures envisaged by sub-paragraphs 1) and 2) of this paragraph.
4. That the control over execution of this order shall be entrusted to the First Vice-Minister of Labour and Social Protection of Population of the Republic of Kazakhstan.
5. That this order shall be effective since July 1, 2023 and shall be subject to official publication.
Acting Minister of Industry and
Infrastructure Development
of the Republic of Kazakhstan __________ D. Shcheglova
Deputy Prime Minister
- Minister of Labour and Social
Protection of the Population
of the Republic of Kazakhstan __________ T. Duisenova
“AGREED BY”
Ministry of Finance
of the Republic of Kazakhstan
“AGREED BY”
Ministry of Internal Affairs
of the Republic of Kazakhstan
“AGREED BY”
Ministry of Energy
of the Republic of Kazakhstan
Rules for the Determination by the Commission of the List of Categories and Number of Foreigners and Stateless Persons Employed by Legal Entities that are Special Economic Zone Participants with Projects Costing Over One Million Monthly Calculation Indicators, as well as in Entities Engaged by the Specified Special Economic Zone Participants (or their Contractors) as a General Contractor, Contractor, Subcontractor or Service Provider, while Performing Construction and Installation Work on the Territory of Special Economic Zones, and Until the Expiration of One Year after Commissioning of the Facility(s) into Operations
Footnote. The Rules - as revised by joint order of the Minister of Labour and Social Protection of Population of RK № 416 of 31.10.2024 and the Minister of Industry and Construction of RK № 381 of 01.11.2024 (shall enter into force on 01.12.2024).
Chapter 1: General provisions
1. These Rules for the Determination by the Commission of the List of Categories and Number of Foreigners and Stateless Persons Employed by Legal Entities that are Special Economic Zone Participants with Projects Costing Over One Million Monthly Calculation Indicators, as well as in Entities Engaged by the Specified Special Economic Zone Participants (or their Contractors) as a General Contractor, Contractor, Subcontractor or Service Provider, while Performing Construction and Installation Work on the Territory of Special Economic Zones, and Until the Expiration of One Year after Commissioning of the Facility(s) into Operations (hereinafter - the Rules) have been drawn up in conformity with sub-paragraph 4) of paragraph 2 of Article 36-1 of the Law of the Republic of Kazakhstan “On Migration” and establish the procedure for the commission to establish a list of categories and number of foreigners and stateless persons (hereinafter - the List of Categories and Number of Foreigners and Stateless Persons) employed in legal entities that are special economic zone participants, with projects worth more than one million monthly calculation indices, as well as in entities engaged by the said special economic zone participants (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works on the territory of special economic zones, and until the expiry of one year after commissioning of the facility(ies) into operation.
2. The following basic concepts are used herein:
1) a managing company of a special economic zone is a legal entity established or designated in conformity with the Law of the Republic of Kazakhstan “On Special Economic and Industrial Zones” and the Law of the Republic of Kazakhstan “On Innovation Cluster “Park of Innovative Technologies” to ensure the functioning of a special economic zone;
2) a special economic zone participant is a legal entity engaged in priority types of activities on the territory of a special economic zone and included in the unified register of special economic zones participants;
3) a unified coordination centre for special economic zones (hereinafter - the Unified Coordination Centre) is a legal entity that coordinates the activities of special economic and industrial zones;
4) a competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones means a central executive body exercising state regulation in the sphere of creation, functioning and abolition of special economic and industrial zones;
5) an employer means a natural or legal person with whom an employee has labour relations;
6) a commission means a commission to examine the issue of establishing a list of categories and number of foreigners and stateless persons engaged by legal entities that are participants of special economic zones, with projects with a project cost exceeding one million monthly calculation indices, as well as entities engaged by the said special economic zone participants (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works on the territory of the special economic zone) and prior to the expiry of one year after commissioning of the facility(ies) (hereinafter referred to as the Commission);
7) a competent authority on population migration issues is a central executive body that, within its competence, manages population migration, regulates migration processes, coordinates work and implements state policy in the field of population migration;
8) Foreign Labour Force Automated Information System (hereinafter – FLF AIS) is a system within the unified information system of the social and labour sphere, designated to automate the process of rendering state services to employers and labour immigrants, as well as to monitor and record information in the area of migration;
9) migration.enbek.kz migration portal information system (hereinafter - migration services portal is a sub-system of the digital ecosystem of the Electronic Labour Exchange (enbek.kz), which ensures registration and movement of migrants, as well as monitoring of the delivery of services in the field of migration.
Chapter 2: Procedure for establishing by the commission the list of categories and number of foreigners and stateless persons
3. A special economic zone participant shall file an application for identifying the list of categories and the number of foreigners and stateless persons as per Annex 1 hereto with the management company of the special economic zone with the justification as per Annex 2 hereto.
4. The following documents of foreigners and stateless persons shall be enclosed to the application:
1) copies of identity documents;
2) notarised copies and translations (in Kazakh or Russian) of documents on education, legalised in line with order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-2/576 of December 6, 2017 “On Approval of the Rules of Legalisation of Documents” (recorded in the Register of State Registration of Regulatory Legal Acts under № 16116);
3) a copy of the document confirming labour activity, notarised, as well as its translation in Kazakh or Russian language;
4) justification of the involvement by the employer of foreigners and stateless persons working in legal entities that are participants of special economic zones, with projects worth more than one million monthly calculation indices, as well as in entities engaged by the said participants of special economic zones (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works in the territory of special economic zones, and prior to the expiry of one year after commissioning of the facility(ies), as per Annex 2 hereto;
5) a copy of the project (contract/agreement) with a value exceeding one million monthly calculation indices;
6) information on in-country value in human resources as per Annex 3 hereto.
5. When calculating the intra-country value in personnel, the categories of foreign workers are used as envisaged by paragraph 5 of the Rules and Terms for Issuing or Extending Permits to Employers to Hire Foreign Labour, and for the Intra-Corporate Transfer, approved by Order of the Deputy Prime Minister - Minister of Labour and Social Protection of Population of the Republic of Kazakhstan № 279 of June 30, 2023 (recorded in the Register of State Registration of Regulatory Legal Acts under № 32977).
6. Within five working days from the date of receipt of the documents, the managing company of the special economic zone jointly with the local executive body shall examine them for compliance with paragraph 4 hereof.
Should the documents submitted, specified in paragraph 4 hereof, be inconsistent, the managing company of the special economic zone shall return them to the special economic zone participant for revision.
Return for revision of the application of a special economic zone participant for attraction of foreigners and stateless persons in compliance with part two of this paragraph shall not be an obstacle for repeated application to the managing company of a special economic zone.
For verification of documents set forth in sub-paragraphs 2) and 3) of paragraph 4 hereof, participants of special economic zones shall provide originals, which shall be kept by the management company of a special economic zone.
7. The managing company of the special economic zone jointly with the local executive body shall verify the conformity of foreign workers to the qualification requirements established by professional standards, qualification directory of positions of managers, specialists and other employees, standard qualification specifications of positions of managers, specialists and other employees of organisations, the Unified Tariff and Qualification Directory of Works and Professions of Workers, tariff and qualification specifications of jobs and professions of workers, tariff and qualification specifications of workers and other employees of organisations, the Unified Tariff and Qualification Catalogue of Workers‘ Occupations and Professions, Tariff and Qualification Specifications of Workers’ Occupations.
8. Upon filing the documents mentioned in paragraphs 3 and 4 hereof, the management company of the special economic zone shall forward them for consideration via the portal of migration services to the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones..
9. The local executive authority shall develop recommendations on ensuring the conditions of in-country value in personnel by organisations, participants of the special economic zone as per Annex 4 hereto and shall send them to the managing company of the special economic zone within the period specified in paragraph 6 hereof.
10. The competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones shall register on the day of receipt in FLF AIS the application of a special economic zone participant and within two working days from the day of receipt of the materials filed by the managing company of the special economic zone, shall send for examination to the members of the commission.
11. The Commission shall be established by the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones.
The Commission shall involve representatives of the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones, the competent authority on migration issues, the Ministry of Internal Affairs of the Republic of Kazakhstan, the Ministry of Energy of the Republic of Kazakhstan, relevant local executive bodies and the unified coordination centre. The Commission shall consist of an odd number of members, of whom a chairman shall be appointed.
The chairman shall be appointed from among the members of the commission.
A secretary, who is not a member of the commission, shall be appointed to organise the work of the commission.
12. Meetings of the commission shall be held and scheduled no later than:
1) fifteen calendar days from the date of receipt of documents filed by the governing body of the special economic zone;
2) three working days from the date of receipt of a complaint from a special economic zone participant under paragraph 27 hereof.
13. A meeting of the commission shall be deemed competent if at least half of its members are present.
14. The share of in-country value in personnel recommended by local executive bodies shall be changed on the basis of the proposal of the commission, in favour of which the majority of members of the commission voted.
15. The special economic zone participant shall ensure in-country value in personnel in line with the decision of the commission on consideration of the issue of determining the list of categories and number of foreigners and stateless persons hired by legal entities, which are special economic zone participants, with projects worth more than one million monthly calculation indices, as well as entities engaged by the said special economic zone participants (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works on the territory of special economic zones, and prior to the expiry of one year after commissioning of the facility (facilities) as per Annex 5 hereto.
16. The decision to establish the list of categories and number of foreigners and stateless persons shall be adopted in the form of a protocol of the commission for examination of the issue of determining the list of categories and number of foreigners and stateless persons engaged by legal entities that are special economic zones participants, with projects costing more than one million monthly calculation indices, as well as entities engaged by these participants of special economic zones (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works on the territory of special economic zones, and until the expiry of one year after commissioning of the facility (facilities) in compliance with Annex 6 hereto, and shall be registered in FLF AIS separately in respect of each entity accounted for by them.
17. The decision of the Commission shall be made by majority of votes, in case of equality of votes the decision in favour of which the Chairman of the Commission voted shall be considered adopted.
18. Based on the results of review of applications of the special economic zone participants by the members of the commission, the secretary shall draw up a protocol in FLF AIS, where the members of the commission shall enter their decision ‘yes’/‘no’ in each line, where the data of the foreigner or stateless person are indicated, and sign it via the automated workplace within two working days from the date of the meeting of the commission.
19. Within one working day from the date of signing of the protocol by the members of the commission, the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones shall forward an extract from the protocol to the automated working place of the migration services portal of the management company of the special economic zone.
20. The managing company of a special economic zone shall transfer an extract from the protocol to a special economic zone participant within two working days from the date of its receipt.
21. The special economic zone participant shall issue a work visa for foreigners and stateless persons after receiving an extract from the protocol.
22. Grounds for refusal to specify the list of categories and number of foreigners and stateless persons shall be as follows:
1) non-compliance of the level of education (professional training) and practical work experience (length of service) of foreigners and stateless persons with the qualification requirements for professions of workers and positions of managers, specialists and employees, in line with professional standards, the Unified Tariff and Qualification Directory of Work and Professions of Workers and the Qualification Directory of Positions of Managers, Specialists and Other Employees, standard qualification characteristics of positions of managers, specialists and other employees, standard qualification characteristics of positions of managers, specialists and other employees.
2) establishment of unreliability of documents and (or) data (information) contained therein referred to in paragraph 4 hereof;
3) disagreement by the special economic zone participant to ensure in-country value in personnel accepted by the decision of the commission;
4) the presence of a violation, by a participant of a special economic zone or entities implementing the project of a special economic zone participant, of Article 519 of the Code of Administrative Offences (hereinafter - the Code) within the last twelve months;
5) the presence of a violation by a foreign citizen under Article 517 of the Code, within the last twelve months.
23. The commission shall cancel the decision of the minutes of the meeting of the commission in case of infringement by a special economic zone participant of the share of in-country value established by the decision of the commission or revealing facts of providing unreliable documents on education or confirming the length of service of foreign labour force.
24. Within three working days from the date of identification of facts envisaged by paragraph 23 hereof, the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones shall bring this issue for review by the members of the commission to make a decision on cancellation of the protocol.
The decision of the commission shall be formalised by a protocol in FLF AIS within one working day.
Within one working day from the date of signing of the protocol by the members of the commission, the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones shall send the protocol of the commission to the automated working place of the portal of migration services of the management company of the special economic zone.
25. Upon completion of the planned scope of work by foreigners and stateless persons, the participant of the special economic zone shall notify the management company of the special economic zone within two working days.
26. From the moment of receipt of notification from a special economic zone participant on completion of the planned scope of work by foreigners and stateless persons, within two working days, the managing company of the special economic zone shall notify the competent authority in the sphere of creation, functioning and abolition of special economic and industrial zones and territorial bodies of internal affairs in order to reduce the period of temporary residence permit or exit visa registration.
Chapter 3: Appeal procedures
27. Should the applicant disagree with the decision of the commission, he/she shall appeal to the administrative body, official, whose administrative act, administrative action (inaction) is being appealed.
28. Unless otherwise envisaged by the laws of the Republic of Kazakhstan, appeal in court shall be allowed after appeal in the administrative (pre-trial) procedure in line with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
APPLICATION LETTER
to determine a list of categories and numbers of foreigners and stateless persons to be employed by legal entities that are special economic zone participants
I kindly request to determine the list of categories and the number of foreigners and stateless persons to be hired for the period of construction and installation works on the territory of special economic zones and until the expiration of one year after commissioning of the facility (facilities) on the territory of
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(specify the name of the special economic zone, location
administrative-territorial unit) for the first category - ____ persons,
for the second category - ___ persons, for the third category - ___ persons,
for the fourth category - ___ persons,
Type of economic activity of the entity: ______________________________
BIN of the entity: _______________________________________________________
Date of establishment ‘____’ ________________ ______.
Information on registration with the Justice Authorities of the Republic of Kazakhstan ______________
________________________________________________________________________
(number, when and by whom issued)
Category of business entity: ___________________________________
________________________________________________________________________
(small/medium/large business entity)
Address, phone number, e-mail: _________________________________________
Documents enclosed: __________________________________________________
________________________________________________________________________
Justification of the need to attract foreign labour: ___________
_______________________________________________________________________
________________________________________________________________________
“In compliance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and their Protection”, I hereby declare that I give my consent to the collection and processing of my personal data and foreign citizens listed in the annex to this application necessary for consideration by the Commission”.
Head ____________________________________________________________
(signature, full name (if any), position)
‘___’ ___________ 20__year
Application Letter was accepted for consideration on ‘___’ ___________20__
________________________________________________________________________
(Full name (if any), signature of the responsible person)
Justification of engagement by the employer of foreigners and stateless persons employed by legal entities that are special economic zone participants with projects with a value exceeding one million monthly calculation indices, as well as in entities engaged by the said special economic zone participants (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works in the territory of special economic zones, and prior to the expiry of one year after commissioning of the facility(ies)
№ s/o | Name of the special economic zones participant, legal address | Type of activity of the special economic zones participant | Information on engaged foreign labour force | Name of the project | Project amount, billion tenge | Justification of the need of a particular foreigner and stateless persons | |||
Full name (if any) of foreigners and stateless persons | Category | Occupation (speciality) | Job responsibilities | ||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Head__________________________________________________________
(Signature) full name (if any) (position)
____ __________ 20___
Information on in-country value in human resources
№ s/o | Categories of attracted foreign labour force | Number of employees engaged by the employer, persons | Number of foreign labour force planned for recruitment, persons. | column 3+ column 5 | column 4+ column 5 | % of foreign labour force to the total number of employees, column 7/column 6*100% | |
Total (foreign workers working without foreign labour permits shall not be counted) | Including foreign labour force attracted under permits to attract foreign labour force | ||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1 | Categories 1 and 2 | ||||||
2 | Categories 3 and 4 | ||||||
3 | TOTAL | ||||||
Note: If a foreign worker is counted in column 4, he/she shall not be counted in column 5.
Employer: _____________________________________________________
(signature, full name (if any), position, date)
Recommendations _____________________________________________
(name of the local executive authority)
to ensure conditions of in-country value in human resources
_____________________________________________________________________
(name of the entity, special economic zone participant)
№ s/o | Catergories | Share of employees from among citizens of the Republic of Kazakhstan | Share of employees from among foreign citizens | Rationale for recommendations to ensure in-country value in human resources |
1 | 2 | 3 | 4 | 5 |
1 | Categories 1 and 2 | |||
2 | Categories 3 and 4 | |||
3 | TOTAL |
Deputy head of the local executive authority:
_____________________________________________________________________
(signature, full name (if any), position, date)
Decision of the commission to examine the issue of determining the list of categories and number of foreigners and stateless persons engaged by legal entities that are special economic zone participants, with projects costing more than one million monthly calculation indices, as well as entities engaged by the said special economic zone participants (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works on the territory of special economic zones, and until the expiry of one year after commissioning of the facility (facilities) to ensure conditions of in-country value in personnel
________________________________________________________________
(name of the entity, participant of the special economic zone)
№ s/o | Catergories | Share of employees from among citizens of the Republic of Kazakhstan | Share of employees from among foreign citizens |
1 | 2 | 3 | 4 |
1 | Categories 1 and 2 | ||
2 | Categories 3 and 4 | ||
3 | TOTAL |
Chairman of the commission: ________________________________
(signature, full name (if any), position, date)
Representative of the participant of the special economic zone:
_________________ ____________________________________
(Full name (if any), position, signature, date)
PROTOCOL of the commission to examine the issue of determining the list of categories and number of foreigners and stateless persons engaged by legal entities that are special economic zone participants, with projects costing more than one million monthly calculation indices, as well as entities engaged by the said special economic zone participants (or their contractors) as a general contractor, contractor, subcontractor or service provider, while performing construction and installation works on the territory of the special economic zone, during the period of construction and installation works on the territory of special economic zones, and until the expiry of one year after commissioning of the facility(ies)
Astana, № " " _________ 20__
Chaired by: | |||
Attended: |
Agenda
Engagement by the SEZ participant __________________________________________
(name of the SEZ)
_____________________________________________________________________
(name of the SEZ participant/organisation implementing the SEZ participant's project)
_____________________________________________________________________
(number of foreigners and stateless persons attracted)
_____________________________________________________________________
(name of the construction project)
The Commission decided: to approve/reject ___________________________________
_____________________________________________________________________
(name of the SEZ participant/entity implementing the project of the SEZ participant)
engaging ________________________________________________________
(number of foreigners / stateless persons) for the period of construction and installation works
and until one year after commissioning of the project and until the expiry of one year after
commissioning of the project
_____________________________________________________________________
____________________________________________________________________
(name of the construction facility) under the list below:
(to be filled in in case of a favourable decision of the commission)
№ s/o | Full name | № of passport and its expiry date | Profession (speciality) | Decision |
1. |
