of October 31, 2024 No. 416, on November 1, 2024 No. 381
About modification of the joint order of the Deputy of Premier-Ministra-Ministra truda i sotsialnoy zashchity of the population of the Republic of Kazakhstan of June 29, 2023 No. 259 and the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of June 29, 2023 No. 474 "About approval of Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation"
WE ORDER:
1. Bring in the joint order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 29, 2023 No. 259 and the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of June 29, 2023 No. 474 "About approval of Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation" (it is registered in the Register of state registration of regulatory legal acts for No. 32958) the following change:
Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones, with projects worth over one million monthly settlement indicators, and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation, approved by the specified joint order to be reworded as follows according to appendix to this joint order.
2. To provide to committee on migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this joint order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;
3) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
3. To impose control of execution of this joint order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.
4. This joint order becomes effective since December 1, 2024 and is subject to official publication.
|
Minister of Industry and constructions of the Republic of Kazakhstan |
__________ K. Sharlapayev |
|
Minister of Labour and Social Protection of the population of the Republic of Kazakhstan |
__________ S. Zhakupova |
|
It is approved Ministry of Finance of the Republic of Kazakhstan
|
|
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It is approved Ministry of Foreign Affairs of the Republic of Kazakhstan |
|
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It is approved Committee of homeland security of the Republic of Kazakhstan |
|
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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It is approved Ministry of Internal Affairs of the Republic of Kazakhstan |
|
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It is approved Department of Energy of the Republic of Kazakhstan |
|
Appendix
to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of October 31, 2024 No. 416
1. These rules of determination by the commission of the list of categories and the number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation, (further – Rules) are developed according to the subitem 4) of Item 2 of article 36-1 of the Law of the Republic of Kazakhstan "About population shift" and determine procedure for determination by the commission of the list of categories and the number of foreigners and stateless persons (further – the List of categories and the number of foreigners and stateless persons), working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators, and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation.
2. In these rules the following basic concepts are used:
1) managing company of special economic zone – the legal entity created or determined according to the Law of the Republic of Kazakhstan "About special economic and industrial zones" and the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies" for ensuring functioning of special economic zone;
2) the participant of special economic zone – the legal entity performing priority types of activity in the territory of special economic zone and included in the unified register of participants of special economic zones;
3) the single coordination center for special economic zones (further – the Single coordination center) – the legal entity performing coordination of activities of special economic and industrial zones;
4) authorized body in the field of creation, functioning and abolition of special economic and industrial zones – the central executive body performing state regulation in the field of creation, functioning and abolition of special economic and industrial zones;
5) employer – physical person or legal entity with which the worker consists in employment relationships;
6) the commission – the commission on consideration of question of determination of the list of categories and number of foreigners and the persons without citizenship involved by the legal entities who are participants of special economic zones with the projects worth over one million monthly settlement indicators, and also the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation (further – the commission);
7) authorized body concerning population shift – the central executive body performing within the competence management in the field of population shift, regulation of migratory processes, coordination of work and realization of state policy in the field of population shift;
8) the automated information system "Foreign Labor Power" (further – AIS "IRS") – the system as a part of unified information system of the social and labor sphere intended for automation of process of provision of the state service for employers and labor immigrants and also monitoring and accounting of information in the field of migration;
9) information system the portal of migratory processes migration.enbek.kz (further – the portal of migratory services) – subsystem of digital ecosystem Electronic employment exchange (enbek.kz) providing accounting and movement of migrants, and also monitoring of provision of services in the field of migration.
3. The participant of special economic zone submits the application for determination of the list of categories and the number of foreigners and stateless persons according to appendix 1 to these rules to managing company of special economic zone with appendix of reasons according to appendix 2 to these rules.
4. The following documents of foreigners and stateless persons are enclosed to the application:
1) copies of identity documents;
2) notarially attested copies and transfers (on Kazakh or Russian) the education documents legalized according to the order of the acting minister of foreign affairs of the Republic of Kazakhstan of December 6, 2017 No. 11-1-2/576 "About approval of Rules of legalization of documents" (it is registered in the Register of state registration of regulatory legal acts for No. 16116);
3) the copy of the document confirming labor activity, certified notarially, and also its transfer on Kazakh or Russian;
4) reasons for involvement by the employer of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation, according to appendix 2 to these rules;
5) draft copy (contract/agreement) worth over one million monthly settlement indicators;
6) information on intra country value in personnel according to appendix 3 to these rules.
5. When calculating intra country value in personnel categories of foreign workers of stipulated in Item 5 Rules and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also the implementation of internal transfer approved by the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 are applied No. 279 (it is registered in the Register of state registration of regulatory legal acts for No. 32977).
6. The managing company of special economic zone together with local executive body within five working days from the date of receipt of documents considers them on compliance to item 4 of these rules.
In case of discrepancy of the provided documents specified in item 4 of these rules, the managing company of special economic zone returns them to the participant of special economic zone on completion.
Return to completion of the statement of the participant of special economic zone to involvement of foreigners and persons without citizenship according to part two of this Item, is not obstacle for the repeated appeal to managing company of special economic zone.
Participants of special economic zones for reconciliation of the documents stated in subitems 2) and 3) of item 4 of these rules provide originals which are stored at managing company of special economic zone.
7. The managing company of special economic zone together with local executive body performs check of compliance of foreign workers to the qualification requirements established by professional standards, the job evaluation catalog of positions of heads, specialists and other employees, standard qualification characteristics of positions of heads, specialists and other employees of the organizations, the Single wage rate book of works and professions of workers, tariff and qualification characteristics of professions of workers.
8. In case of submission of documents of the these rules specified in Items 3 and 4, the managing company of special economic zone, sends them for consideration through the portal of migratory services in authorized body in the field of creation, functioning and abolition of special economic and industrial zones.
9. The local executive body develops recommendations about providing conditions of intra country value in personnel the organizations, participants of special economic zone according to appendix 4 to these rules and sends to managing company of special economic zone during the term of stipulated in Item 6 these rules.
10. The authorized body in the field of creation, functioning and abolition of special economic and industrial zones registers in day of receipt in AIS "IRS" the statement of the participant of special economic zone and within two working days from the date of intake of the materials provided by managing company of special economic zone sends for consideration to members of the commission.
11. The commission is created by authorized body in the field of creation, functioning and abolition of special economic and industrial zones.
Representatives of authorized body in the field of creation, functioning and abolition of special economic and industrial zones, authorized body concerning population shift, the Ministry of Internal Affairs of the Republic of Kazakhstan, the Department of Energy of the Republic of Kazakhstan, the relevant local executive bodies and the single coordination center are part of the Commission. The commission consists of the odd number of members from among which the chairman is appointed.
The chairman is appointed from among members of the commission.
For the organization of work of the commission the secretary who is not member of the commission is appointed.
12. Commission sessions are held and appointed not later:
1) fifteen calendar days from the date of receipt of the documents submitted by governing body of special economic zone;
2) three working days from the date of receipt of the claim from the participant of special economic zone based on Item 27 of these rules.
13. Commission session is considered competent if at it there were at least a half of number of her members.
14. Share of intra country value in personnel recommended by local executive bodies change on the basis of the offer of the commission for most of which of members of the commission voted.
15. The participant of special economic zone provides intra country value in personnel according to the decision of the commission on consideration of question of determination of the list of categories and number of foreigners and the persons without citizenship involved by the legal entities who are participants of special economic zones with the projects worth over one million monthly settlement indicators, and also the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation according to appendix 5 to these rules.
16. The decision on determination of the list of categories and number of foreigners and persons without citizenship is accepted in the form of the protocol of the commission on consideration of question of determination of the list of categories and number of foreigners and the stateless persons involved by the legal entities who are participants of special economic zones with the projects worth over one million monthly settlement indicators, and also the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation according to appendix 6 to these rules and is drawn up in AIS "IRS" separately concerning each organization, the participant of special economic zone.
17. The decision of the commission is made by a majority vote, in case of equality of votes the decision for which the Commission chairman voted is deemed accepted.
18. Following the results of consideration by members of the commission of statements of participants of special economic zone the secretary draws up the protocol in AIS "IRS" in which are specified by members of the commission in every line where are specified the this foreigner or the stateless person, the decision "yes/no" and are signed through the automated workplace within two working days from the date of commission session.
19. The authorized body in the field of creation, functioning and abolition of special economic and industrial zones within one working day from the date of signing of the protocol by members of the commission sends minutes abstract to the automated workplace of the portal of migratory services of managing company of special economic zone.
20. The managing company of special economic zone transfers minutes abstract to the participant of special economic zone no later than two working days from the date of its obtaining in time.
21. The participant of special economic zone after receipt of minutes abstract draws up working visa on foreigners and persons without citizenship.
22. The basis for refusal in determination of the list of categories and number of foreigners and stateless persons are:
1) discrepancy of the education level (professional training) and experience (years of service) of practical work of foreigners and stateless persons to the qualification requirements imposed to professions of workers and positions of heads, specialists and employees according to professional standards, the Single wage rate book of works and professions of workers and the Job evaluation catalog of positions of heads, specialists and other employees, standard qualification characteristics of positions of heads, specialists and other employees of the organizations, according to the Labor code of the Republic of Kazakhstan;
2) establishment of unauthenticity of the documents and (or) these (data) containing in them specified in item 4 of these rules;
3) disagreement the participant of economic special zone on ensuring intra country value in personnel of the commission accepted by the decision;
4) violation availability, the participant of special economic zone or the organizations the implementing project of the participant of special economic zone, article 519 of the Code of Administrative Offences (further – the Code) within the last twelve months;
5) violation availability at the foreign citizen according to article 517 of the Code, within the last twelve months.
23. The commission cancels the solution of the minutes of the commission in case of violation by the participant of special economic zone of share of intra country value of the commission established by the decision or identification of the facts about provision of doubtful education documents or confirming years of service of foreign labor power.
24. The authorized body in the field of creation, functioning and abolition of special economic and industrial zones within three working days from the date of identification of the facts of stipulated in Item 23 these rules submits the matter for consideration to members of the commission for decision making about cancellation of operation of the protocol.
The decision of the commission is drawn up by the protocol in AIS "IRS" within one working day.
The authorized body in the field of creation, functioning and abolition of special economic and industrial zones within one working day from the date of signing of the protocol by members of the commission sends the protocol of the commission to the automated workplace of the portal of migratory services of managing company of special economic zone.
25. On completion of the planned amount of works by foreigners and stateless persons, the participant of special economic zone notifies on it managing company of special economic zone within two working days.
26. The managing company of special economic zone, from the moment of receipt of the notification from the participant of special economic zone on completion of the planned amount of works by foreigners and stateless persons, within two working days notifies authorized body in the field of creation, functioning and abolition of special economic and industrial zones and territorial authorities of internal affairs for the purpose of reducing term of permission to temporary residence or execution of the exit visa.
27. In case of disagreement with the decision of the commission the applicant addresses to administrative authority, to the official whose the administrative act, administrative action (failure to act) are appealed.
28. If other is not provided by the laws of the Republic of Kazakhstan, appeal in court is allowed after appeal in administrative (pre-judicial) procedure according to Item 5 of Article 91 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.
to Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of construction installation works in the territory of special economic zones and before the expiration of one year after input of object (objects) in operation
IN __________________________
(authorized body
in the field of creation,
functioning and abolition
special economic
and industrial zones)
from __________________________
____________________________
(full name
legal entity or physical person)
The statement on determination of the list of categories and the number of the foreigners and stateless persons for attraction in legal entities who are participants of special economic zones
I ask to determine the list of categories and number of foreigners and stateless persons
on attraction during accomplishment of installation and construction works in the territory
special economic zones and before the expiration of one year after input of object
(objects) in operation in the territory
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(specify the name of special economic zone, arrangement
administrative and territorial unit) on the first category – ____ the person,
on the second category – ___ the person, on the third category – ___ the person,
on the fourth category – ___ the person,
Type of economic activity of the organization: ______________________________
BIN of the organization: _______________________________________________________
Date of creation "____" ________________ ______ of year.
Data on registration in judicial authorities of the Republic of Kazakhstan ______________
________________________________________________________________________
(number when also by whom it is issued)
Category of the subject of entrepreneurship: ___________________________________
________________________________________________________________________
(subject of small/medium/big business)
Address, phone, e-mail: _________________________________________
The enclosed documents: __________________________________________________
________________________________________________________________________
Reasons for need of attraction of foreign labor power: ___________
________________________________________________________________________
________________________________________________________________________
"According to article 8 of the Law of the Republic of Kazakhstan "About personal data
and" I declare to their protection present that I give the consent to collection and processing of mine
the personal data and foreign citizens specified in appendix to the present
to the statement necessary for consideration on the commission".
Head ____________________________________________________________
(the signature, full name (in case of its availability), position)
"___" ___________ 20 __ years
The statement is taken cognizance "___" by ___________ 20 __ years
________________________________________________________________________
(Full name (in case of its availability), the signature of the responsible person)
to Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of construction installation works in the territory of special economic zones and before the expiration of one year after input of object (objects) in operation
Reasons for involvement by the employer of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation
|
№ of payment order |
Name of the participant of special economic zones, legal address |
Type of activity of the participant of special economic zones |
Data on the attracted foreign labor power |
Name of the project |
Amount of the project, one billion tenges |
Reasons in need of the specific foreigner and stateless persons | |||
|
F.I.O (in the presence) foreigners and stateless persons |
Category |
Profession (specialty) |
Job responsibilities |
||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Руководитель__________________________________________________________
(signature) of full name (in case of its availability) (position)
____ __________ 20 ___.
to Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of construction installation works in the territory of special economic zones and before the expiration of one year after input of object (objects) in operation
Information on intra country value in personnel
|
№ of payment order |
Categories of the attracted foreign labor power |
The number of the workers involved by the employer the person |
Quantity of the foreign labor power planned to attraction, persons. |
column 3 + column 5 |
column 4 + column 5 |
% of foreign labor power to total quantity of workers, column 7/the column of 6*100% | |
|
In total (the foreign workers working without permissions to attraction of foreign labor power are not considered) |
Including the foreign labor power attracted on permissions to attraction of foreign labor power | ||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
1 |
1 and 2 categories |
||||||
|
2 |
3 and 4 categories |
||||||
|
3 |
TOTAL |
||||||
Note: if the foreign worker is considered in the column 4, that in column 5 he is not considered.
Employer: _____________________________________________________
(the signature, full name (in case of its availability), position, date)
to Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of construction installation works in the territory of special economic zones and before the expiration of one year after input of object (objects) in operation
Recommendations _____________________________________________
(name MIO)
on providing conditions of intra country value in personnel
_____________________________________________________________________
(name of the organization, participant of special economic zone)
|
payment order |
Categories |
Share of workers from among citizens |
Share of workers from among foreign citizens |
Reasons to recommendations about ensuring intra country value in personnel |
|
1 |
2 |
3 |
4 |
5 |
|
1 |
1 and 2 categories |
|||
|
2 |
3 and 4 categories |
|||
|
3 |
TOTAL |
Deputy manager of local executive body:
_____________________________________________________________________
(the signature, full name (in case of its availability), position, date)
to Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of construction installation works in the territory of special economic zones and before the expiration of one year after input of object (objects) in operation
The decision of the commission on consideration of question of determination of the list of categories and number of foreigners and the persons without citizenship involved by the legal entities who are participants of special economic zones with the projects worth over one million monthly settlement indicators, and also the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation for providing conditions of intra country value in personnel
________________________________________________________________
(name of the organization, participant of special economic zone)
|
payment order |
Categories |
Share of workers from among citizens of the Republic of Kazakhstan |
Share of workers from among foreign citizens |
|
1 |
2 |
3 |
4 |
|
1 |
1 and 2 categories |
||
|
2 |
3 and 4 categories |
||
|
3 |
TOTAL |
Commission chairman: ________________________________
(the signature, full name (in case of its availability), position, date)
Representative of the participant of special economic zone:
_________________ ____________________________________
(Full name (in case of its availability), position, the signature, date)
to Rules of determination by the commission of the list of categories and number of the foreigners and stateless persons working in the legal entities who are participants of special economic zones with projects worth over one million monthly settlement indicators and also in the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of construction installation works in the territory of special economic zones and before the expiration of one year after input of object (objects) in operation
The protocol of the commission on consideration of question of determination of the list of categories and number of foreigners and the persons without citizenship involved by the legal entities who are participants of special economic zones with the projects worth over one million monthly settlement indicators, and also the organizations attracted by the specified participants of special economic zones (or their contractors) as the prime contractor, the contractor, subcontractor or the contractor of services, during accomplishment of installation and construction works in the territory of special economic zones, and before the expiration of one year after input of object (objects) in operation
Astana No. "" _________ 20 __ years
|
Presided: |
||
|
Were present: |
Agenda
Attraction of SEZ __________________________________________ by the participant
(name SEZ)
_____________________________________________________________________
(the name of the member of the SEZ/organization the implementing project of the participant of SEZ)
_____________________________________________________________________
(quantity involved foreigners and stateless persons)
_____________________________________________________________________
(name of construction object)
The commission solved: approve/reject ___________________________________
_____________________________________________________________________
(the name of the member of the SEZ/organization the implementing project of the participant of SEZ)
in attraction ________________________________________________________
(the number of foreigners/stateless persons) for construction
works and before the expiration of one year after commissioning of the project
_____________________________________________________________________
_____________________________________________________________________
(the name of construction object) according to the stated below list:
(it is filled in case of the positive decision of the commission)
|
No. software |
Full name (in case of its availability) |
No. of the passport and its effective period |
Profession (specialty) |
Decision |
|
1. |
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