of June 24, 2016 No. 173
About procedure for issue of allowing documents on the right of implementation of labor activity concerning foreign citizens or stateless persons
Based on part two of Article 26 and part two of article 29 of the Law of the Republic of Belarus of December 30, 2010 "About external labor migration", subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611 "About some questions of the Ministry of Internal Affairs and the organizations which are a part of the system of law-enforcement bodies" the Ministry of Internal Affairs of the Republic of Belarus DECIDES:
the resolution of the Ministry of Internal Affairs of the Republic of Belarus of July 7, 2011 No. 247 "About approval of the Instruction about approval procedure on attraction to the Republic of Belarus foreign labor power and special permission to the occupation right labor activity in the Republic of Belarus and recognition voided some resolutions of the Ministry of Internal Affairs of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2011, No. 83, 8/23904);
the resolution of the Ministry of Internal Affairs of the Republic of Belarus of May 30, 2013 No. 223 "About modification and amendments in the resolution of the Ministry of Internal Affairs of the Republic of Belarus of July 7, 2011 No. 247" (The national legal Internet portal of the Republic of Belarus, 12.07. 2013, 8/27679).
3. This resolution becomes effective after its official publication.
Minister militia lieutenant general
I. A. Shunevich
|
It is approved Minister of Labour and Social Protection of the Republic of Belarus June 23, 2016 |
M. A. Shchetkina |
Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of June 24, 2016 No. 173
1. This Instruction determines procedure for the organization of work on issue of permission to attraction to the Republic of Belarus for foreign labor power (further, unless otherwise specified, - permission), special permission to the occupation right labor activity in the Republic of Belarus (further, unless otherwise specified, - special permission), introduction of changes in them, single prolongation of term of their action and their cancellation.
In this Instruction the main terms and their determinations in the values established by the Law of the Republic of Belarus of December 30, 2010 "About external labor migration" are used (The national register of legal acts of the Republic of Belarus, 2011, No. 4, 2/1777).
2. Use of work of the foreign citizens and stateless persons who do not have the permissions to permanent residence in the Republic of Belarus including which are temporarily staying or temporarily living in the Republic of Belarus (further, unless otherwise specified, - foreigners), in the quantity exceeding ten people (except for the foreigners who are highly-skilled employees and attracted as heads of the commercial organizations in which creation they participated (as the owner of property, the founder, the participant) (further - the head of the commercial organization) it is performed by the employer of the Republic of Belarus based on permission which is issued by Department on nationality and migration of the Ministry of Internal Affairs of the Republic of Belarus (further - Department on nationality and migration).
3. For receipt of permission, introduction in it of changes, single prolongation of term of its action the employer of the Republic of Belarus or his representative submits to Department on nationality and migration the statement, and also other documents provided by the list of the ministerial procedures performed by state bodies and other organizations for the petitions from citizens approved by the Presidential decree of the Republic of Belarus of April 26, 2010 No. 200 "About the ministerial procedures performed by state bodies and other organizations for petitions from citizens" (The national register of legal acts of the Republic of Belarus, 2010, No. 119, 1/11590), the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs the approved resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330).
The application for issue of permission is submitted in form according to appendix 1 to this Instruction.
The application for single prolongation of effective period of permission is submitted in form according to appendix 2 to this Instruction.
4. The department on nationality and migration in case of consideration of the application accepts according to article 24 of the Law of the Republic of Belarus of October 28, 2008 "About bases of ministerial procedures" (The national register of legal acts of the Republic of Belarus, 2008, No. 264, 2/1530) one of the following executive decisions:
about refusal in adoption of the statement;
about issue (single prolongation of effective period, modification) of permission;
about refusal in issue (single prolongation of effective period, modification) of permission.
5. The decision on refusal in adoption of the statement is made by Department on nationality and migration in cases, the stipulated in Article 17 Laws of the Republic of Belarus "On bases of ministerial procedures".
6. The department on nationality and migration makes the decision on refusal in issue (single prolongation of effective period, modification) of permission on the bases, the stipulated in Article 25 Laws of the Republic of Belarus "On bases of ministerial procedures".
7. About the made executive decision, stipulated in Item the 4th this Instruction, the employer of the Republic of Belarus is notified according to article 27 of the Law of the Republic of Belarus "On bases of ministerial procedures".
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