On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea on Temporary employment of Citizens of the Republic of Kazakhstan in the Republic of Korea and Citizens of the Republic of Korea in the Republic of Kazakhstan within the framework of intra-corporate transfers
The Law of the Republic of Kazakhstan dated March 29, 2016 No. 478-V SAM
To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea on temporary employment of citizens of the Republic of Kazakhstan in the Republic of Korea and citizens of the Republic of Korea in the Republic of Kazakhstan within the framework of intra-corporate transfers, made in New York on September 26, 2014.
President of the Republic of Kazakhstan N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea on temporary employment of citizens of the Republic of Kazakhstan in the Republic of Korea and citizens of the Republic of Korea in the Republic of Kazakhstan within the framework of intra-corporate transfers
Entered into force on April 8, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 3, art. 50
The Government of the Republic of Kazakhstan and the Government of the Republic of Korea (hereinafter referred to as the Parties), guided by their mutual desire to strengthen and develop economic ties between the two states, considering temporary employment within the framework of intra-corporate transfers of citizens of one State to the territory of another state as a promising area of cooperation, have agreed as follows:
Article 1
1. This Agreement regulates the issues of temporary employment within the framework of intra-corporate transfers specified in Article 3 of this Agreement of citizens of one state on the territory of another state. 2. This Agreement is valid on the territory of States, with the exception of certain localities (territories), organizations and facilities (if any) that are closed to foreign citizens, as well as for entry, location and (or) travel, for which foreign citizens require a special permit in accordance with the national legislation of these States.
Article 2
Basic concepts and terms used in this Agreement: 1. Intra-corporate transfer is a temporary transfer of citizens of one State specified in Article 3 of this Agreement from a legal entity of that state to representative offices, branches, subsidiaries and affiliated organizations of that legal entity established in the territory of another state for temporary employment in accordance with a written agreement on intra-corporate transfer. The above-mentioned citizens must have at least 2 (two) years of continuous work experience in this legal entity at the time of transfer. 2. A written agreement on intra-corporate transfer is a set of documents that include: 1) an official letter from a legal entity of one state on sending citizens specified in Article 3 of this Agreement to representative offices, branches, subsidiaries and affiliated organizations of this legal entity established in the territory of another state for temporary employment for a certain period of time.; 2) an employment contract, which necessarily indicates the possibility and conditions of temporary transfer to representative offices, branches, subsidiaries and affiliated organizations of this legal entity of one state, established on the territory of another state. 3. Sending country is a State in whose territory the citizens referred to in Article 3 of this Agreement reside permanently and travel to the receiving country to engage in paid temporary work. 4. The receiving country is the state in whose territory citizens who arrived from the sending country within the framework of intra-corporate transfers carry out paid temporary work in accordance with this Agreement. 5. A work permit is a permit issued for paid temporary work within the framework of intra-corporate transfers in accordance with the national legislation of the host country.
Article 3
This Agreement applies to the following citizens of the States: 1) senior managers - first managers and their deputies; 2) managers - heads of structural divisions who meet the qualification requirements established by the legislation of the host country; 3) specialists - specialists who meet the qualification requirements established by the legislation of the host country and have professional knowledge and experience necessary, including for such industries as production, research, technology and management; 4) family members - the spouse and minor children, as well as dependent persons accompanying the above-mentioned citizens.
Article 4
The authorized bodies for the implementation of this Agreement are (hereinafter referred to as the Competent Authorities): 1) from the Government of the Republic of Kazakhstan - the Ministry of Health and Social Development, the Ministry of Foreign Affairs, the Ministry of Internal Affairs; 2) from the Government of the Republic of Korea - the Ministry of Foreign Affairs, the Ministry of Justice.
Article 5
1. The procedure for entry, stay, departure and movement of citizens of the sending country through the territory of the receiving country is carried out in accordance with the national legislation of the receiving country. 2. The provisions of this Agreement do not exempt citizens of the States referred to in Article 3 of this Agreement from the obligation to comply with the national legislation of the host country. 3. Temporary employment of citizens of the sending country in the territory of the receiving country should be regulated by the relevant national legislation. 4. The competent authorities need to inform each other about changes in the national legislation of the States regarding the implementation of intra-corporate transfers.
Article 6
1. Work permits for citizens specified in Article 3 of this Agreement, with the exception of citizens specified in subparagraph 4) Article 3 of this Agreement, is issued for a period of up to 36 (thirty-six) months. 2. Work permits for citizens specified in Article 3 of this Agreement, with the exception of citizens specified in subparagraph 4) Articles 3 of this Agreement are issued in accordance with the national legislation of the host country. 3. Citizens of the States specified in Article 3 of this Agreement, with the exception of citizens specified in subparagraph 4) Article 3 of this Agreement, employees with a work permit in the host country may have the opportunity to extend their work permit without leaving the host country only once for a period of no more than 1 (one) year.
Article 7
1. The diplomatic missions and consular offices of the States shall register the documents to the citizens specified in Article 3 of this Agreement, with the exception of the citizens specified in subparagraph 4) Article 3 multiple entry work visas in accordance with the national legislation of the host country on the basis of a work permit. Visas give these citizens the right to enter and exit, as well as continuous stay in the host country for the purpose of temporary employment. At the same time, the validity period of multiple entry work visas corresponds to the validity period of work permits. 2. Accompanying family members specified in subparagraph 4) According to Article 3 of this Agreement, multiple entry visas are issued, allowing entry, exit and continuous stay in the territory of the host country. At the same time, the validity period of their visas should not exceed the validity period of the visa of the person they are accompanying. 3. Prior to the expiration of the visa issued in accordance with paragraph 1 of this article, the validity period of this visa may be extended in accordance with the national legislation of the host country if the citizens specified in Article 3 of this Agreement, with the exception of those specified in subparagraph 4) Article 3 of this Agreement, receive an extended work permit in accordance with paragraph 3 of Article 6 of this Agreement. The visa is extended without requiring the holder to leave the territory of the host country. The visas of family members are extended in the same manner.
Article 8
1. Citizens of the States referred to in Article 3 of this Agreement shall have the rights and freedoms established by the national legislation of the host country for foreign citizens. 2. The Parties shall take measures to protect the rights of citizens provided for in this Agreement. 3. In respect of citizens of the States referred to in subparagraphs 1), 2) and 3) Article 3 of this Agreement, in cases of violation of the legislation of the host country, the employment contract is terminated upon the return of citizens of the sending country.
Article 9
Medical services for citizens of the States referred to in Article 3 of this Agreement are provided in accordance with the national legislation of the host country in respect of foreign citizens.
Article 10
1. Citizens of the States specified in sub-paragraphs 1), 2) and 3) According to Article 3 of this Agreement, they may not perform any other paid work on the territory of the host country other than that specified in the employment contracts concluded with the employees. 2. If the citizens of the States cease to correspond to the categories specified in sub-paragraphs 1), 2) and 3) According to Article 3 of this Agreement, they are subject to the general conditions and procedures of stay provided for by the national legislation of the host country in respect of foreign citizens.
Article 11
The costs associated with the preparation of documents necessary for the entry of citizens of the sending country specified in Article 3 of this Agreement into and out of the territory of the receiving country shall be borne by these citizens or their employers.
Article 12
Citizens of the States referred to in Article 3 of this Agreement have the right to export their property and earned income to the sending country in accordance with the national legislation of the receiving country.
Article 13
1. The competent authorities of the Parties may establish a working group to discuss issues related to the application of this Agreement. 2. The Working Group, if necessary, meets for joint meetings alternately in the Republic of Kazakhstan and the Republic of Korea. 3. In case of disagreements and disputes related to the interpretation and application of this Agreement, they shall be resolved through joint consultations between the Competent Authorities through diplomatic channels.
Article 14
1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement is concluded for a period of 5 (five) years and is automatically extended each time for subsequent five-year periods, until one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate this Agreement at least 6 (six) months before the expiration date of the current period. 3. This Agreement may be amended and supplemented by written consent of the Parties, which are formalized in the form of protocols on amendments and additions to this Agreement, which are an integral part of this Agreement. Such amendments shall enter into force in accordance with the procedure provided for in paragraph 1 of this article. 4. In the event of termination of this Agreement, the work permits issued during its validity period will be valid until their expiration date.
In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
Done in New York City on September 26, 2014, in two originals, each in the Kazakh, Korean, Russian and English languages, all texts are authentic and have the same validity. In case of any difference of interpretation, the English text will prevail.
For the Government For the Government of the Republic of Kazakhstan of the Republic of Korea
RCPI's note! The text of the Agreement is attached in Korean and English.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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