Unofficial Translation

Approved by the Decree

of the President of Turkmenistan No 6135

dated 21 February 2003

REGULATIONS

on the manner of invitation of foreign citizens for

temporary employment in Turkmenistan

I. General Provisions

1. These Regulations shall designate the conditions and order of issuing of work permits

for temporary employment of foreign citizens in Turkmenistan and extension of the

term of their validity.

2. Invitation of foreign citizens for temporary employment in Turkmenistan shall be

carried out by the enterprises of Turkmenistan of all forms of ownership, enterprises of

foreign countries, located on the territory of Turkmenistan as well as their affiliates and

representative offices and natural persons of Turkmenistan, who engage employees

(hereinafter the Employer) in accordance with current legislation of Turkmenistan.

3. A decision to grant or deny a work permit for temporary employment in

Turkmenistan and for extension of the term of their validity shall be made by the

Committee for control over the observance of the order of invitation for temporary

employment of foreign citizens (hereinafter the Committee). The members of the

Committee shall be approved by the President of Turkmenistan.

On the basis of the decisions of the Committee the State service of Turkmenistan for

registration of foreign citizens shall issue: to the employer – a permit for invitation and

temporary employment of foreign citizens (Attachment 1) and to the foreign employee –

a confirmation of the right of employment in Turkmenistan (Attachment 2) which then

shall be signed by the Head of the Service.

4. The main task of the Committee is to consider the submitted documents and make

decisions on their basis as to issue of permits for employers to temporarily employ

foreign citizens and to provide control over observance of labor legislation.

Foreign citizens, who arrive to Turkmenistan for the purpose of engagement in their

professional activity including entrepreneurs operating without formation of a legal

entity and on the basis of registration documents shall have the right to work in

Turkmenistan on the basis of permits issued to the employer on the condition that they

hold confirmations issued in their name.

Employers and foreign citizens at the time of receiving a permit and a confirmation

shall enter into a written document of obligation to observe the conditions established

for the order of stay of foreign citizens in Turkmenistan as well as their compliance with

the relevant local laws.5. The State service of Turkmenistan for registration of foreign citizens at the time of

issuing registrations shall follow the principle of priority employment of the citizens of

Turkmenistan on the vacant jobs as well as keep the ratio of the citizens of

Turkmenistan and foreign citizens provided that the latter shall not exceed 30 percent of

the total number of employees.

The conditions, salaries and protection of labor as well as their social security shall be

carried out on the basis of the norms of the legislation of Turkmenistan and relevant

international treaties.

II. Conditions and order of issuing work permits

6. The decisions on issuing work permits for temporary employment of foreign citizens

in Turkmenistan and extension of their term shall be made on the basis of the

documents, provided in the Paragraph 7 of these Regulations. The term of consideration

of documents is 30 days starting with the day of their submission by the employer.

In case if additional information is required to make the decision or if a verification is

required then the decision shall be made within 15 days upon receipt of the additional

information.

7. In order to obtain a permit or extend its term the employer shall have to submit the

following documents to the State service of Turkmenistan for registration of foreign

citizens:

•an application indicating the grounds for expediency of invitation of the foreign

employees to Turkmenistan;

•the list of employees in the established form (Application 3);

•copies of by-laws of the employer or patent;

•for the legal entities – a copy of an extract from the Unified state registry of

legal entities, confirmed by the Service of state registration of legal entities of

the State service of foreign investments at the President of Turkmenistan;

•a note from the authorities of the Chief state tax service of Turkmenistan

indicating absence of indebtedness on taxes and dues;

•a copy of a contract, protocol of intentions, labor agreement or a contract with

foreign legal or physical entities on intentions and conditions of employment of

foreign citizens registered in the established order indicating the nature and

specifics of works to be carried out;

•a copy of document indicating education and specialty of the foreign citizen

corresponding to the position and nature of work which he is being offered;

•a form filled out by the foreign citizen with his photo 3 x 4 cm;

•a bank letter confirming the payment of the established permit processing fee (to

be paid at the time of issuing of the permit);

•a certificate of medical examination for detection of human immunodeficiency

virus (HIV-infection) – in case if foreign citizens are being invited for a period

exceeding 3 months.

In case if a foreign citizen is invited on a position of the manager of the enterprise

(construction project), department, division, workshop, etc. then the application shall be

accompanied by documents confirming the positions the person held for the last 5 years.8. The employer shall be charged a processing fee for issuing of a permit and extending

its term for every employee in the amount equal to the average salary for Turkmenistan

of such employee. The above mentioned fee shall be transferred to the State fund for

development of the Golden Age of Turkmenistan.

9. A decision to deny a permit for invitation of foreign citizens for employment in

Turkmenistan or extension of their term shall be well-grounded.

The decision to deny a permit shall be sent to the employer within 5 days upon its

passing.

In case if employer disagrees with the decision to deny a permit it can be appealed in a

kazeeyet (in a court of law) in the order established by the legislation of Turkmenistan.

Resubmission of documents shall be done not earlier than 6 months before the decision

to deny the permit for employment in Turkmenistan for a foreign citizen was passed. In

exclusive cases the Committee may consider the documents without this waiting period.

10. The issuing of the permit can be denied:

•if the foreign employee is invited for a position which does not require high

qualification, professional training or special skills;

•if the employer invites workforce to carry out the types of activities not

indicated in its by-laws;

•if the number of persons invited for employment in Turkmenistan exceeds the

established quota.

11. The permit shall be issued for the period up to 6 months. Extension of its term shall

be carried out upon approval of the parties and resubmission of the documents by the

employer listed in the Paragraph 7 of these Regulations a month before the expiration of

the term of the previous permit. A permit can be extended for the period not exceeding

6 months.

If the employer submits the documents for a permit for invitation of foreign citizens for

employment or for extension of the term of their permit with a violation of the

provisions of the Paragraph 7 of these Regulations or of the established terms then such

application shall not be accepted.

Invitation of foreign citizens for temporary employment by the ministries and

institutions of Turkmenistan shall be carried out with a permission of the Cabinet of

Ministers of Turkmenistan.

Confirmations of permit shall be issued for the term indicated in the employer’s permit.

Extension of the term of confirmation shall be carried out in the order designated by this

Paragraph.

12. Permit is non-transferable to other employers. A transfer of a foreign citizen

temporarily employed in Turkmenistan from one enterprise to another shall be carried

out with a permission of the State service of Turkmenistan for registration of foreign

citizens.13. In case of violation of conditions of these Regulations by employers or violation of

the legislation of Turkmenistan which would cause infringement of the rights of the

citizens of Turkmenistan the State service of Turkmenistan for registration of foreign

citizens shall pass a decision to suspend the permit until such violations are eliminated.

If such violations are not eliminated within the time period specified the permit shall be

cancelled with the decision of the Committee.

The employers shall bare the responsibility for violation of the order of invitation for

temporary employment as well as the rules of stay in Turkmenistan for foreign citizens

in accordance with the legislation of Turkmenistan.

The permit may be cancelled without notice to the employer in case of his action or a

failure to act which results in a threat of death of people or of damage to their health.

In all cases of suspension or cancellation of permits the processing fee shall not be

refunded.

14. In case of termination of operation by the employer or if downsizing was carried out

such permit becomes invalid regardless of its term.

Foreign citizens arriving to Turkmenistan for the purpose of engaging in their

professional activities or the ones employed with a violation of the requirements of

these Regulations are subject to deportation from Turkmenistan at the expense of the

employer.

III. Labor Relations

16. The term of labor activities of the foreign citizen shall not exceed the term of permit

and its confirmation.

17. Foreign citizens shall have the same rights and obligations as the citizens of

Turkmenistan in respect of their labor relations.

18. The order of work of a foreign citizen in Turkmenistan shall be designated by the

conditions of his contract (labor agreement, agreement) entered into by the employer

and a foreign citizen in accordance with the legislation of Turkmenistan.

19. Contract (labor agreement, agreement) shall contain:

•primary data on employer and employee;

•the subject of contract and its term;

•payment, work day and rest conditions;

•life, health and work accident insurance provisions;

•provisions for fulfillment of obligations and responsibilities of the parties;

•ways to resolve labor disputes.

Other conditions of the contract as decided by the parties.

20. The Employers who have obtained permits for invitation of foreign citizens to

Turkmenistan shall submit the information about contracts which they have entered into

with them to the State service of Turkmenistan on registration of foreign citizens within

2 weeks.IV. Final Provisions

21. Registration of foreign citizens temporarily employed in Turkmenistan, verification

of legality of their employment and observance of labor relations shall be implemented

by the State service of Turkmenistan on registration of foreign citizens, which shall

subsequently inform the Ministry of foreign affairs of Turkmenistan, Ministry of

economy and finance of Turkmenistan and the National institute of state statistics and

information of Turkmenistan regarding professional composition and qualification

breakdown of such workforce including information on specific employers.

22. The obligatory order of issuing work permits and confirmations established by these

Regulations shall not apply to foreign citizens, who are:

•officially recognized refugees;

•persons, holding a Turkmenistan residential permit;

•persons, who has submitted an application for a status of a refugee and who was

granted a permit for temporary residence;

•employees of diplomatic representatives and consular offices of foreign states as

well as international organizations, accredited in Turkmenistan;

•official representatives of international, humanitarian and charitable

organizations and scientific, educational and cultural workers, working in

Turkmenistan in the institutions established in accordance with international

treaties;

•correspondents and journalists accredited in Turkmenistan;

•religious figures, professionally engaged in religious organizations and societies,

officially registered in Turkmenistan;

•lecturers and instructors, invited by the ministries and institutions of

Turkmenistan in coordination with the Cabinet of Ministers of Turkmenistan to

give lectures;

•foreign citizens arriving to Turkmenistan on private and business visas;

•persons, for whom a different order of employment was designated in

accordance with the international treaties.

TO RECEIVE PERMISSION FOR INVITING

AND EMPLOYING FOREIGN CITIZENS

FOR TEMPORARY WORK AND EXTENSION OF ITS TERM

THE EMPLOYER MUST SUBMIT THE FOLLOWINGDOCUMENTS TO THE STATE SERVICE OF TURKMENISTAN FOR

REGISTRATION OF FOREIGN CITIZENS:

1. The application to the Head of the State Service of Turkmenistan for

Registration of Foreign Citizens with the reasons for expediency of invitation

and indicating the place of work of the person.

2. A report on the working citizens of Turkmenistan, foreign citizens and their ratio

(in accordance with the attachments A; B; C) (with the digital copy of the data if

the number of the employees exceeds 10 persons).

3. The copy of the list of the staff members.

4. The copy of the document regarding employment of foreign citizen, and (for an

extension) the copy of the previous permission or confirmation.

5. Curriculum vitae of the citizen with his photo (3x4 cm).

6. The certificate of the AIDS test (upon his arrival to Turkmenistan) if the term of

the foreign citizen’s stay exceeds 3 months.

7. For legal entities – the copies of the constituent documents (statute, extract from

the Joint State Register of Legal Entities, certificate of the State Registration and

copies of these certificates).

8. The reference from the Chief State Tax Service of Turkmenistan regarding

absence of arrearage on taxes and duties.

9. Copies of agreements, of the protocol of intentions, labor agreement or contract

with foreign, legal entities or natural persons regarding intention and conditions

of attracting of foreign citizens, registered in the established order, indicating the

nature and details of the work to be implemented.

10. The reference confirming the legal address.

11. The copy of the document about educational background and profession of the

foreign citizen, appropriate to the profession and the nature of the work for

which he is invited. The copies of the documents, confirming the positions he

occupied for the last 5 years are added to the invitation of the foreign specialist

for the position of a manager of an enterprise (construction site), subdivision,

workshop, etc.Attachment 3

to the Regulations on the Order

of Invitation of Foreign Citizens

for Temporary Work

in Turkmenistan

A. Reference

regarding the number of foreign staff in the firm___________

Date: _______ 200__

Name,

Middle

name,

Surname.

Passport

Number

Date

of

Birth

Country

of Exit

Profession,

Position

Address of

Residence in

Turkmenistan

Notes

Manager’s signature:

Chief accountant’s signature:

Seal:

B. Reference

on the ratio of employees in the firm

Date: _______ 200__

Number of staff

Ratio

Notes

Total number:

Including

Turkmenistan citizens:

Foreign citizens:

100%

Manager’s signature:

Chief accountant’s signature:

Seal:

C. Reference

on the number of Turkmenistan citizens-employees

Date: _______ 200__

Name,

Middle name,

Surname

Position

Date of

birth

Passport

Number

Home address,

address and

telephone

number

Notes

Manager’s signature:

Chief accountant’s signature:

Seal:12. A bank document confirming payment of the processing fee for the permission

(submitted at the time when permission is collected).

NOTE:Permission for work for foreign citizens on the basis of contracts made with the

state enterprises and organizations of Turkmenistan, are issued in coordination with the

Cabinet of Ministers of Turkmenistan or Hakims of velatyas and of the city of

Ashgabat.