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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 12, 2018 No. 725

About measures for further enhancement and radical review of system of organized employment of citizens of the Republic of Uzbekistan abroad

(as amended on 30-07-2021)

According to the resolution of the President of the Republic of Uzbekistan of July 5, 2018 No. PP-3839 "About additional measures for further enhancement of system of external labor migration of the Republic of Uzbekistan", and also for the purpose of further increase in efficiency of activities of the Agency for external labor migration under the Ministry of employment and employment relationships of the Republic of Uzbekistan the Cabinet of Ministers decides:

1. Consider the main objectives of the Agency on external labor migration under the Ministry of employment and employment relationships of the Republic of Uzbekistan (further - the Agency):

the first, rendering assistance to citizens of the Republic of Uzbekistan in realization of their rights to labor activity abroad by effective management and control of processes of organized set, preparation, holding adaptation actions and employment abroad;

the second, implementation of the complex analysis of external labor migration, development on this basis of suggestions for improvement of regulatory framework, rendering assistance in employment of the citizens who came back from labor migration;

third, participation in development and projects implementation of international cooperation in the field of labor migration, implementation of interaction with competent authorities of foreign states concerning regulation of processes of employment of citizens of the Republic of Uzbekistan abroad and providing their labor rights;

the fourth, accomplishment of activities for employment of citizens of the Republic of Uzbekistan abroad and to control of their activities;

the fifth, implementation in accordance with the established procedure issues to legal entities of permissions to attraction of foreign labor power and confirmations to foreign citizens on the right of labor activity in the territory of the Republic of Uzbekistan, and also accounting of the foreign citizens working in the Republic of Uzbekistan.

2. Approve:

Regulations on procedure for licensing of activities for employment of persons who are looking for work outside the Republic of Uzbekistan according to appendix No. 1;

Regulations on procedure for accreditation of the legal entities who are engaged in activities for confirmation of professional competence of the citizens of the Republic of Uzbekistan who are going abroad for implementation of labor activity according to appendix No. 2;

Regulations on procedure for organized set of citizens of the Republic of Uzbekistan for implementation of temporary labor activity abroad according to appendix No. 3;

Regulations on the Agency on external labor migration under the Ministry of employment and employment relationships of the Republic of Uzbekistan according to appendix No. 4;

Regulations on procedure for the organization of activities of Fund of support and protection of the rights and interests of the citizens performing labor activity abroad under the Ministry of employment and employment relationships of the Republic of Uzbekistan according to appendix No. 5;

structure of the Supervisory board of Fund of support and protection of the rights and interests of the citizens performing labor activity abroad under the Ministry of employment and employment relationships of the Republic of Uzbekistan according to appendix No. 6;

structure of executive directorate of Fund of support and protection of the rights and interests of the citizens performing labor activity abroad under the Ministry of employment and employment relationships of the Republic of Uzbekistan according to appendix No. 7.

3. To the ministry of employment and employment relationships of the Republic of Uzbekistan:

in two weeks to approve organizational structure and structure of central office of the Agency taking into account the main objectives and activities of the Agency;

in a month to implement the mechanism of voluntary remote registration in the database of the Agency of the citizens of the Republic of Uzbekistan who are performing or leaving for implementation of temporary labor activity outside the republic.

4. NAC Uzbekistan havo yullari to provide to JSC Uzbekistan temir yullari and the State Customs Committee of the Republic of Uzbekistan according to requests of the Agency organized passing of customs and passport control by persons leaving on organized set and sending citizens of the Republic of Uzbekistan abroad.

5. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 8.

6. To impose control of execution of this resolution on the deputy prime minister - the Minister of Finance of the Republic of Uzbekistan D. A. Kuchkarov and the minister of employment and employment relationships of the Republic of Uzbekistan Sh. D. Kudbiyev.

Prime Minister of the Republic of Uzbekistan

Abdullah Aripov

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 12, 2018 No. 725

Regulations on procedure for licensing of activities for employment of persons who are looking for work outside the Republic of Uzbekistan

Chapter 1. General provisions

1. This Provision according to the resolution of the President of the Republic of Uzbekistan of July 5, 2018 No. PP-3839 "About additional measures for further enhancement of system of external labor migration of the Republic of Uzbekistan" determines procedure for licensing and control of activities of legal entities for employment of persons who are looking for work outside the Republic of Uzbekistan.

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

the license - the allowing document granting the right to legal entities to perform activities for employment of persons who are looking for work outside the Republic of Uzbekistan;

the applicant/job seeker the license/licensee - the legal entity planning to perform activities for employment of persons who are looking for work outside the Republic of Uzbekistan;

licensed requirements - the requirements determined by this Provision for receipt of the license for the right of implementation of activities for employment of persons who are looking for work outside the Republic of Uzbekistan;

the licensing body - the Ministry of employment and employment relationships of the Republic of Uzbekistan;

working body - structural division (divisions) of central office of the Ministry of employment and employment relationships of the Republic of Uzbekistan.

3. Licensing of activities for employment of persons who are looking for work outside the Republic of Uzbekistan is performed according to the scheme according to appendix No. 1 to this Provision.

4. When licensing the license agreement is signed with the legal entity of the Republic of Uzbekistan.

Chapter 2. Licensed requirements and conditions

5. Licensed requirements and conditions when implementing activities for employment of citizens of the Republic of Uzbekistan abroad are:

compliance with law of the Republic of Uzbekistan about work and migration;

implementation of reservation at the expense of means of the created authorized fund of the applicant on the deposit account in Fund of support and protection of the rights and interests of the citizens performing labor activity abroad under the Ministry of employment and employment relationships of the Republic of Uzbekistan (further - Fund of support and protection of the rights and interests of citizens) means in the amount of eight thousand of five hundredfold basic settlement size;

implementation only the activities provided by the Law of the Republic of Uzbekistan "About private employment agencies";

availability in the state at least two workers, including the head having the higher education;

registration of service provision agreements in real time in the information system "labor-migration" of the licensing body and permanent updating of the database;

forming and storage of archival materials according to the performed service provision agreements;

the notification of the licensing body within seven working days about change of data on private employment agency, and also about its branches and (or) representations;

receipt by workers of the legal entity of the qualification certificate is at least once in three years according to the procedure, established by the licensing body;

creation of necessary conditions for implementation of these activities, including availability of own or leased room, use of the corresponding material and technical resources, other technical means.

The means of the licensee reserved on the deposit account in Fund of support and protection of the rights and interests of citizens are quarterly indexed with recalculation according to the existing basic settlement size at the time of revaluation implementation.

If after revaluation the amount of the reserved means becomes less than eight thousand of the five hundredfold size of basic settlement size, the licensee deposits missing part of funds for the deposit account in Fund of support and protection of the rights and interests of citizens and if the amount of the reserved means exceeds eight thousand the five hundredfold size of basic settlement size, the Fund of support and protection of the rights and interests of citizens returns the exceeding part of means to the licensee.

6. Licensed requirements and conditions of implementation of activities for employment of persons who are looking for work outside the Republic of Uzbekistan are specified in the license agreement.

Chapter 3. The documents submitted for receipt of the license

7. For receipt of the license the applicant represents to the licensing body (in one copy) directly, by means of mail service or electronically with use of information and communication networks public, including the Internet, with confirmation by the digital signature:

the statement in form according to appendix No. 2 to this Provision;

information about availability in the state at least two workers, including the head having the higher education by means of the interdepartmental hardware and software "Single National System of Work";

the documents confirming creation of necessary conditions for implementation of these activities including availability of own or leased room, use of the corresponding material and technical resources, other technical means.

Information of the applicant on availability in the state at least two workers, including the head having the higher education is checked by working body by means of the interdepartmental hardware and software "Single National System of Work". At the same time, information of the applicant about availability in the state at least two workers, including the head having the higher education is unpacked and filed in the corresponding document folder.

8. The requirement from the applicant of submission of the documents which are not provided by this Provision is forbidden.

9. The applicant bears responsibility according to the legislation of the Republic of Uzbekistan for submission of the doubtful or distorted data.

Chapter 4. Procedure for consideration of the application on receipt of the license

10. Consideration of the applications about issue, renewal, suspension, the termination and cancellation of licenses is performed by working body.

11. The application on receipt of the license is considered by working body within ten days from the date of receipt of the statement and the necessary documents submitted on receipt of the license. Following the results of consideration the working body prepares the conclusion which is transferred to the licensing body.

12. For consideration of the application about licensing by working body collection in fivefold size of the basic settlement size established in the Republic of Uzbekistan on the date of payment is levied.

13. In the course of consideration of the submitted documents the working body can carry out exit studying regarding compliance of applicants to the requirements determined by this Provision for implementation of the planned activities for employment of persons who are looking for work outside the Republic of Uzbekistan.

Chapter 5. Procedure for decision making about issue or about refusal in licensing

14. The licensing body within ten days from the date of receipt of the conclusion of the worker of body makes the decision on issue or on refusal in licensing.

15. The working body shall notify the license applicant on the made decision within three days after adoption of the relevant decision.

The working body reports to bodies of the State Tax Service for the location of licensees information on issue, suspension, the termination or cancellation of the license.

In case of adoption of the positive decision on licensing the job seeker no later than three days from the date of receipt of the notification on the made decision shall perform reservation on the deposit account of Fund of support and protection of the rights and interests of citizens of means in the amount of eight thousand the five hundredfold size of basic settlement size.

16. For licensing by working body collection in triple size of the basic settlement size established in the Republic of Uzbekistan on the date of payment is levied.

17. The license is granted for unrestricted term.

The basis for licensing is the decision of the licensing body on licensing and the license agreement.

18. The license is drawn up on the standard form which form affirms the licensing body. Forms of licenses have necessary degrees of protection, are documents of the strict reporting, have accounting series and number.

Acquisition, accounting and storage of forms of licenses is assigned to working body.

19. In the license are specified:

the name of the body which granted the license;

the name and legal address of the organization - the licensee;

type of activity on which right of implementation the license is granted;

conditions of implementation of the licensed type of activity;

reminder on responsibility of the licensee for violation of licensed requirements;

registration license number and date of its issue.

20. In the license agreement are specified:

surname, name, middle name, position of persons which signed the agreement;

details of the parties;

the name of type of activity on which implementation the license is granted;

the licensed requirements and conditions shown to the licensee;

responsibility of the parties for violation of requirements and conditions of the license agreement;

procedure for control from the licensing body of accomplishment by the licensee of requirements and conditions of the license agreement;

the other conditions relating to specifics of implementation of activities for employment abroad.

The license agreement is constituted in duplicate - in one copy for the licensee and the licensing body.

21. The notification on licensing with appendix of the draft of the license agreement goes to the legal entity in writing with indication of bank account details on which collection for licensing is brought.

22. The license and the license agreement are signed by the head of the licensing body and certified by seal.

23. The license is granted in case of representation by the legal entity of the document confirming collection payment after signing of the license agreement.

24. If the licensee within three days from the moment of the direction (delivery) of the notification on decision making about licensing did not submit to the licensing body the document confirming payment of the state fee for licensing, licensing body has the right to cancel the specified license.

25. The original of the license is issued to the licensee, the copy is stored in working body in accordance with the established procedure. Information on the granted license is published in open access on the website of the licensing body.

26. The licensing body has the right to refuse to the legal entity licensing in cases:

representations by the legal entity in an inadequate way of the processed documents;

availability in the documents submitted by the legal entity, the doubtful or distorted data;

absence in the interdepartmental hardware and software "Single National System of Work" of information on availability in the state at least two workers, including the head having the higher education;

discrepancies of the legal entity to licensed requirements and conditions.

The refusal in licensing on other bases, including based on inexpediency of licensing, is not allowed.

27. The decision on refusal in licensing shall be motivated and goes (is issued) to the applicant in writing with indication of causes of failure and term during which the legal entity, having removed the specified causes, can submit documents for de novo review. The term specified in the notification on refusal in licensing shall be proportional to time necessary for remedial action.

28. In case of refusal in licensing the fee paid for consideration of the application to the legal entity does not return.

29. De novo review of documents is performed by the licensing body within five days from the date of receipt of the statement of the legal entity with all necessary documents. For de novo review of the statement of the legal entity collection is not levied.

30. In case of de novo review of the statement of the legal entity the refusal in licensing on the new bases which are earlier not specified in the notification on refusal in licensing is not allowed.

31. The application of the legal entity for licensing submitted after the term provided for elimination of the reasons which formed the basis for refusal in licensing is considered again given.

32. In case of disagreement with the decision of the licensing body the applicant has the right to appeal the decision on the refusal in licensing, and also action (failure to act) of the official of the licensing body according to the procedure established by the legislation.

Chapter 6. Procedure for renewal of the license and issue of its duplicate

33. In case of transformation of the legal entity (licensee) which is not connected with the termination of its activities, change of its name or the location (postal address) the legal entity or his legal successor shall submit after passing of re-registration to the licensing body the application for renewal of the license with appendix of the relevant documents confirming the specified data in a month.

The document is submitted the legal entity in working body directly or through means of mail service.

34. The decision on renewal of the license is made by the licensing body based on the conclusion of the worker of body in five-day time from the date of receipt of the corresponding statement for renewal of the license with appendix of the relevant documents.

35. Instead of the lost or become useless license at the request of the licensee the duplicate of the license is issued.

At the same time the licensee shall announce invalidity of the lost or become useless license in mass media of the Republic of Uzbekistan, and also to provide the publication to working body.

36. For renewal of the license or issue of the duplicate collection in the amount of one basic settlement size established in the Republic of Uzbekistan on the date of payment is levied. The amount of collection is credited on the settlement account of the licensing body.

37. In case of renewal of the license the licensing body enters corresponding changes in the register of the issued, renewed, suspended, stopped and cancelled licenses (further - the Register).

38. During renewal of the license, and also during receipt of its duplicate the licensee performs the activities specified in it based on earlier granted license.

Chapter 7. Control of observance of licensed requirements and conditions

39. The licensing body by means of working body exercises control of observance by the licensee of the licensed requirements and conditions provided by the license agreement and this Provision.

40. Licensees represent at the request of the licensing body, and also in the forms determined by the licensing body, data on the activities.

41. Reply to the request of the licensing body shall be provided by the licensee within one week from the date of receipt of request and shall contain the following information (with appendix of video and photographic materials):

passport data of the worker directed to work abroad;

about place of employment abroad person directed to work;

about working conditions and social arrangement of workers in adoptive state;

about the signed employment contracts providing regular payment of the salary, ensuring compliance with regulations of labor protection and other conditions provided by the labor law of adoptive state;

the copy of the notification in writing sent to the person employed abroad;

about problems (in the presence) in providing the labor and social rights of persons directed to work abroad (delays in salary payment, adverse conditions of work and accommodation, medical attendance on place of employment, etc.) and the measures for their permission taken by the licensee.

42. No. 764 is excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 02.12.2020

43. In case of control of observance by the licensee of licensed requirements and conditions the licensing body within the competence has the right to perform activities of the licensee (without intervention in financial and economic activities). At the same time are performed by registration of subjects of entrepreneurship in the Single system of electronic registration of checks according to the procedure of the notification of the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship.

When checking the licensee officials of the licensing body within the competence have the right:

to freely visit the territories and rooms of the licensee;

get acquainted with all necessary documents concerning check;

receive from officials of the licensee written explanations on the facts of violations elicited during conducting check and also the copies of necessary documents certified properly;

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