LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 24, 2015 No. 421-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning migration and employment of the population

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; Art. No. 21-22, 114, 115th No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 7, Art. 34; No. 8, Art. 44, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of special economic zones", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of road and transport infrastructure, transport logistics and air transportation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of trading activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning agricultural cooperatives", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 31, 2015; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015; The Law of the Republic of Kazakhstan of October 31, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of system of administration of law", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

Table of contents to add 1) with headings of Chapter 68-2, of Articles 476-5, 476-6, 476-7 and 476-8 of the following content:

"Chapter 68-2. Collection for issue and (or) prolongation of permission to attraction of foreign labor power to the Republic of Kazakhstan

Article 476-5. General provisions

Article 476-6. Payers of collection

Article 476-7. Rates of charge

Article 476-8. Procedure for calculation and payment of the amount of collection";

The subitem 2) of Item 1 of Article 55 to add 2) with the paragraph the fourth the following content:

"charges for issue and (or) prolongation of permission to attraction of foreign labor power to the Republic of Kazakhstan;";

To add 3) with Chapter 68-2 of the following content:

"Chapter 68-2. Collection for issue and (or) prolongation of permission to attraction of foreign labor power to the Republic of Kazakhstan

Article 476-5. General provisions

1. Collection for issue and (or) prolongation of permission to employers to attraction of foreign labor power to the Republic of Kazakhstan (further - collection) is levied within ten working days from the date of receipt of the notification of local executive body of area, the city of republican value, the capital about adoption of the decision on issue or the prolongation of permission to employers to attraction of foreign labor power to the Republic of Kazakhstan (further - permission) according to the procedure determined by the legislation of the Republic of Kazakhstan on employment of the population and in the field of population shift by it.

2. The local executive body of area, city of republican value, the capital quarterly no later than the 15th following reporting quarter provides to tax authorities in the location of the physical persons and legal entities which got and extended permissions, information on payers of charges and subjects to taxation in the form established by authorized body.

Article 476-6. Payers of collection

1. Payers of collection are the physical persons and legal entities getting or prolonging permission to attraction of foreign labor power to the Republic of Kazakhstan.

2. The physical persons and legal entities attracting foreign labor power without the permission of local executive body in the cases determined by the laws of the Republic of Kazakhstan "About employment of the population" and "About population shift are not payers of collection".

Article 476-7. Rates of charge

Rates of charge are established by the Government of the Republic of Kazakhstan.

Article 476-8. Procedure for calculation and payment of the amount of collection

1. The amount of collection is estimated at the rates established by the Government of the Republic of Kazakhstan and paid to the budget for the location of local executive body before obtaining or prolongation of permission in local executive body of area, city of republican value, the capital.

2. Return or offset of paid amounts of collection is not made, except as specified failure of the faces which paid collection of obtaining or prolongation of permission.

Return or offset of the amounts of collection paid to the budget is made by tax authority in the place of their payment according to the procedure, established by Articles 599 and 602 of this Code, according to the tax statement of the payer of collection after submission to them of the document issued by local executive body of area, city of republican value, the capital on refusal in issue and (or) prolongation of permissions.".

2. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of trading activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan in connection with the accession to the World Trade Organization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning architectural, town-planning and construction activities", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning culture and historical and cultural heritage", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015; The Law of the Republic of Kazakhstan of October 31, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of system of administration of law", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

Paragraph one of part five of Article 517 to state 1) in the following edition:

"5. The violation by the foreigner or stateless person of the legislation of the Republic of Kazakhstan in the field of population shift expressed in discrepancy to the performed activities to the purposes specified in the visa and (or) in case of registration in migratory card or implementation of labor activity in the Republic of Kazakhstan without receipt of the certificate of the qualification compliance for independent employment issued by authorized body concerning population shift or permissions to employment when receipt of such reference or permission is necessary condition of implementation of labor activity -";

Paragraph one of part one of Article 519 to state 2) in the following edition:

"1. Attraction of foreign labor power by the employer without the permission of local executive body or use of work of the foreigners and stateless persons who do not have the certificates of qualification compliance for independent employment issued by authorized body concerning population shift, or the permissions to the labor immigrant issued by law-enforcement bodies -".

3. In the Law of the Republic of Kazakhstan of December 20, 1991 "About nationality of the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1991, No. 52, Art. 636; 1995, No. 19, Art. 117; Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 10, Art. 101; 2004, No. 19, Art. 115; No. 23, Art. 142; 2007, No. 10, Art. 69; 2009, No. 8, Art. 44; 2011, No. 16, Art. 128; 2012, No. 8, Art. 64; 2013, No. 9, Art. 51, No. 23-24, Art. 116; 2014, No. 16, Art. 90):

Article 12 to add 1) with part five of the following content:

"If parents could not come to the agreement on nationality of the child, nationality is determined judicially.";

Article 16-1 to state 2) in the following edition:

"Article 16-1. Acceptance conditions in nationality of the Republic of Kazakhstan in the simplified (registration) procedure

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