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ORDER OF THE CHIEF OF STAFF PRAVITELSTVAMINISTR OF THE KYRGYZ REPUBLIC

of June 11, 2008 No. 45

According to article 50 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" and the Section XI of Regulations of the Government of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of January 4, 2006 No. 1 "About approval of Regulations of the Government of the Kyrgyz Republic":

1. Approve the enclosed explanation about procedure for application of the Regulations on procedure of labor activity foreign citizens and stateless persons in the territory of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of September 8, 2006 No. 639 "About approval of the Regulations on procedure of labor activity by foreign citizens and stateless persons in the territory of the Kyrgyz Republic and Regulations on procedure of activities for employment of citizens of the Kyrgyz Republic abroad" regarding determination of effective periods of quota for attraction of foreign labor power.

2. Send the above-stated explanation to the relevant ministries, the state committees, administrative departments and other executive bodies.

 

The chief of staff of the Government - the minister of the Kyrgyz Republic

M. Ismailov

Approved by the Order of the Chief of staff of the Government - the minister of the Kyrgyz Republic of June 11, 2008 No. 45

Explanation about procedure for application of the Regulations on procedure of labor activity by foreign citizens and stateless persons in the territory of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of September 8, 2006 No. 639 "About approval of the Regulations on procedure of labor activity by foreign citizens and stateless persons in the territory of the Kyrgyz Republic and Regulations on procedure of activities for employment of citizens of the Kyrgyz Republic abroad" regarding determination of effective periods of quota for attraction of foreign labor power

By Item 13 of the Regulations on procedure of labor activity foreign citizens and stateless persons in the territory of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of September 8, 2006 No. 639 "About approval of the Regulations on procedure of labor activity by foreign citizens and stateless persons in the territory of the Kyrgyz Republic and Regulations on procedure of activities for employment of citizens of the Kyrgyz Republic abroad" it is determined that permission to attraction of foreign labor power is issued for up to one year upon termination of which the commission on issue of permissions can make the decision on prolongation of effective period of permission to attraction of foreign labor power.

By Item 19 of this Provision it is determined that the work permit for the foreign director and the foreign specialist is issued for a period of one year, with the right of annual prolongation.

The above-stated Provision was accepted the Government of the Kyrgyz Republic according to the Law of the Kyrgyz Republic "About external labor migration".

According to article 7 of the Law of the Kyrgyz Republic "About external labor migration" and article 28 of the Law of the Kyrgyz Republic "About external migration" the quota for labor migration is annually determined by the Government of the Kyrgyz Republic in four months prior to the beginning of each calendar year and affirms Jogorku Kenesh of the Kyrgyz Republic.

Thus, according to the above-named laws the quota for attraction of foreign labor power is established for each (calendar) year which begins on January 1 and comes to an end on December 31.

Follows from stated that the work permit for the foreign worker can be issued only the current year on which the quota, i.e. from January 1 to December 31, irrespective of date of its issue is determined. Upon termination of year the commission on issue of permissions can make the decision on prolongation of effective period of permission to attraction of foreign labor power within the quota approved by Jogorku Kenesh of the Kyrgyz Republic the next year.

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