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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 16, 2019 No. 175

About some questions in the sphere of labor migration in the Kyrgyz Republic

According to the laws of the Kyrgyz Republic "About external labor migration", "About licensed authorization system in the Kyrgyz Republic", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on procedure of labor activity foreign citizens and stateless persons in the territory of the Kyrgyz Republic according to appendix 1;

- Regulations on procedure of activities for employment of citizens of the Kyrgyz Republic abroad according to appendix 2.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the State register of the personified documents of the Kyrgyz Republic and the list of the documents of the state value which are in circulation in the Kyrgyz Republic" of May 29, 2002 No. 350 the following changes:

in the list of the documents of the state value which are in circulation in the Kyrgyz Republic approved by the above-stated resolution:

in Item 16:

- in the column "Ministries and Departments" of the word "State Committee of the Kyrgyz Republic on Migration and Employment" shall be replaced with words "Public service of migration under the Government of the Kyrgyz Republic";

- in the column "List of Documents" of the word "Permission to Attraction of Foreign Labor Power" to exclude.

4. To public service of migration under the Government of the Kyrgyz Republic to take the adequate measures following from this resolution.

5. To impose control of execution of this resolution on department of social development of Government office of the Kyrgyz Republic.

6. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of April 16, 2019 No. 175

Regulations on procedure of labor activity foreign citizens and stateless persons in the territory of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision determines procedure and conditions of implementation of labor activity by foreign citizens and stateless persons during their stay in the territory of the Kyrgyz Republic for the purpose of implementation of labor activity.

2. The procedure of labor and individual business activity by foreign citizens and stateless persons in the territory of the Kyrgyz Republic is regulated by the Constitution of the Kyrgyz Republic, the legislation of the Kyrgyz Republic in the sphere of external labor migration, external migration, the international treaties which became effective in the procedure established by the law which participant is the Kyrgyz Republic, and also this Provision.

3. The obligatory procedure for receipt of quota for attraction and use of foreign labor power established by this Provision, and also work permits is not applied in relation to the foreign citizens and stateless persons belonging to the categories, the stipulated in Clause 3 Laws of the Kyrgyz Republic "About external labor migration".

4. In this Provision the following basic concepts are used:

the highly qualified foreign specialist - the foreign citizen or the person without citizenship having the highest education, work experience, skills and achievements in specific sphere of activity if conditions of attraction them to labor activity in the Kyrgyz Republic correspond to the criteria established by this Provision;

the foreign individual entrepreneur - the foreign citizen or the stateless person performing individual business activity without formation of the organization on the basis of the patent granted by body of Tax Service of the Kyrgyz Republic;

the foreign worker - the highly qualified foreign specialist, the foreign specialist and the foreign individual entrepreneur performing labor activity in the territory of the Kyrgyz Republic;

the foreign specialist - the foreign citizen or the stateless person attracted by the employer and having the corresponding education, necessary qualification for implementation of labor activity;

information system - the automated information system integrated interdepartmental which is component of the Single system of accounting of external migration and containing modules for registration, maintaining, storage, processing and forming of data about the considered, issued, extended, cancelled work permits, and also refusals in their issue;

quota for attraction and use of foreign labor power in the Kyrgyz Republic - the extreme number of the foreign citizens or stateless persons arriving to the territory of the Kyrgyz Republic for the purpose of implementation of labor activity depending on market situation of work of the Kyrgyz Republic;

employer - the physical person or legal entity (organization) which entered employment relationships with the foreign worker;

the work permit - the document issued by authorized state body in the field of migration, confirming the right of the foreign worker to implementation in the Kyrgyz Republic of labor or individual business activity.

5. The labor activity of foreign citizens and stateless persons in the territory of the Kyrgyz Republic is performed based on the work permit issued by authorized state body in the field of migration (further - authorized body).

The work permit is issued to the foreign worker who reached 18-year age.

6. For issue of the work permit to the foreign worker by authorized body the state fee in the amount of, established by the Government of the Kyrgyz Republic is collected.

7. The number of the involved foreign experts in one business entity cannot exceed 20 percent of total number of employees of this business entity. In case of involvement of foreign specialists over 20 percent of total number of workers in one business entity, the employer pays the multiple state fee established by the Government of the Kyrgyz Republic for the involved foreign worker over limit.

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