Regulations on Issuance of Special Permission (license) for Attraction of Foreign Labour Force and its Use (1999)

Approved by Resolution #80

of the Cabinet of Ministers

 of the Republic of Azerbaijan

dated May 10, 1999

Regulations on issuance of special permission (license) for attraction

of foreign labour force and its use

I. General Thesis

1.1. These regulations were prepared on the basis of the Laws of the RA “On Entrepreneurship” and “On employment of the population in the Republic of Azerbaijan”, “Provisions on issuance of special permission (license) for some types of entrepreneurship activity” endorsed by Decree # 543 of the President of the RA from January 27, 1997 and Decree #83 of the President of the Republic of Azerbaijan dated February 1, 1999 “On making changes and additions in “The List of the types of activities requiring special permission (license) and of executive power entities issuing them” endorsed by Decree # 637 of the President of the Republic of Azerbaijan from October 4, 1997, and identifies the regulations for issuance of special agreements (licenses), (hereinafter license) for attraction of foreign labour force to the Republic of Azerbaijan and the use of it.

1.2. Based on these Regulations, a license is an official document issued by the Ministry of Labour and Social Protection of Population which entitles juridical entities, irrespective of their property and institutional-legal form, as well as physical entities (hereinafter “applicants”) who undertake  entrepreneurship activity without forming a juridical entity to attract foreign labour force to Republic of Azerbaijan and implement its use.

1.3. Applicants can attract foreign labour force  and use it only after obtaining a license in compliance with these Regulations, within the terms and conditions identified in the license.

1.4. Foreign physical and juridical entities should obtain a license in compliance with these Regulations if there is not an intergovernmental agreement providing the recognition in the Republic of Azerbaijan of licenses which they obtained in their own countries for the activity type mentioned in these Regulations.

1.5. Only Licensee himself can use the issued license, he  should not give it to other persons, and the force of this license does not apply to juridical entities where Licensee is an organizer, including other persons, undertaking activity on the basis of a collaboration agreement signed with them.

II. Rule of Visa Issuance

2.1. For obtaining a license, an Applicant should submit the following to the Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan:

An application for a license. The following should be reflected in the application:

Juridical entity - name of juridical entity, its institutional-legal form, legal address, number of the bank account, name of the bank and type of activity [1];

Physical entity - name, father’s name, surname, information on the identification card (serial number, when and by whom was issued, address), type of activity;

2.1.2. Certified copies of institutional documents of the enterprise;

2.1.3. Certified copy of certificate of the state registration of an enterprise;

2.1.4. Certified copy of taxation entities registration certificate of physical entities undertaking entrepreneurship activity;

2.1.5. receipt of state duty payments for obtaining a license;

2.1.6. Document certifying the right for utilization of each of ventures shown in the application (property right, lease, utilization and etc.)

2.1.7. Information showing the grounds of the necessity for attraction of foreign labour force.

2.2. An Application and documents provided in these Regulations submitted for obtaining a license, are received by Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan and registered in a special book and considered. If there are not any  deficiencies or grounds for rejection, it takes an appropriate resolution on license issuance, within not later than 15 days, starting from the day of registration of the documents.

When deficiencies are discovered in the submitted documents, the Applicant will receive a written information about it, and after the deficiencies are eliminated and the documents are re-submitted, they are considered within 5 days and an appropriate resolution is taken.

Where license issuance is rejected on the basis of grounds mentioned in these Regulations, the Applicant receives a written information about it, which shows the rejection grounds.

When the last day of the terms mentioned in this Paragraph falls on a day off, the week day coming after it, is considered the day of the end of the term.

2.3.  License issuance is rejected in the following cases:

2.3.1. When documents mentioned in these Regulations are not submitted;

2.3.2. When information in the documents submitted by an Applicant is not true, or is perverted;

2.3.3. When two years have not passed since the day of termination of the license which was obtained by the Applicant for attraction of foreign labour force before, with the initiative of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan; or when the Applicant applies within the period of the suspension of the license effect.

2.4.1. In other cases provided in the legislation.

2.5. After the cases which were grounds for license issuance rejection are eliminated, the Applicant has the right to apply to Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan for license issuance, and to appeal to the court when he does not agree with the resolution on rejection.

2.6. When juridical entity is terminated or when a certificate given to a physical entity for entrepreneurship activity loses its effect, the license given to juridical and physical entities loses its juridical effect.

When juridical entity is reorganized, its name changes, information in the document certifying physical entity’s identity changes or the license is lost, the Applicant should submit an application on re-legalization of the license within the period of 15 days.

Re-legalization of the license is implemented in the manner established for its issuance.

Within the period of license re-legalization Licensee implements his activity on the basis  of the previous  license, and when the license is lost - on the basis of a temporary permission given by Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan. A temporary permission signed and stamped by Minister of Labour and Social Protection of Population of the Republic of Azerbaijan is issued when all documents required for license re-legalization are submitted.

III. License

3.1. The following is shown in the License:

3.1.1. The name of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan.

3.1.2. for juridical entities - name of the enterprise, organization and office and its juridical address;

3.1.3. for physical entities - name, father’s name, surname, information on personal identification card (serial number, by whom and when was issued, address of the place of residence);

3.1.4. type of activity for which the license is issued;

3.1.5. validity term of the license;

3.1.6. regulations for implementation of an appropriate activity;

3.1.7. license registration number and date of issuance.

3.2.License is signed by the Minister of Labour and Social Protection of Population of the Republic of Azerbaijan (or in his absence, by his Deputy)  and is verified by the stamp of the ministry.

IV. License Validity Term

4.1. License is issued for a period of 5 years.

4.2. Extension of License validity term is implemented in the order provided for its issuance.

4.3. Expired License is considered invalid.

V. License Copy

5.1.When the  licensed type of activity is implemented in separate ventures with respect to the area, Applicant receives copies of the license for each venture mentioned in the Application, where the address of the venture is shown.

5.2. After obtaining the License, Applicant should submit the following documents to Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan, for obtaining copies of the license for implementing activity at separate ventures with respect to the site or when the Applicant wants to increase the number of such ventures: 

5.2.1. an application showing registration number of the issued license, its date, type of activity, the number of new ventures and their address;

5.2.2. documents about the ventures, as required in subparagraph 2.1.6.-2.1.7.  of these Regulations.

5.3. Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan considers the application for obtaining license copies based on Paragraphs 2.2., 2.3. of these Regulations and adopts an appropriate resolution.

5.4. Copy of a License is an official document, given to Licensee on the license blank for each venture where all indicators reflected in the license are written; with the word “Copy” in the right top corner; and the address of the venture filled in the Address column; signed by the Head of entity or in his absence, by his Deputy; and verified by the stamp of the entity, which entitles the venture to deal with this type of activity.

5.5. Copies of Licenses are registered by Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan.

5.6. When License Copy is lost, the Licensee applies to Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan for legalization of a new copy of License.

5.7. Issuance of a License copy and its re-legalization is free of charge.

VI. Regulations of license validity and control

6.1. Based on these Regulations, while attracting foreign labour force and using it, Licensee should observe the following rules:

6.1.1. the term of labour activity of the involved foreign employees should not exceed the license validity term;

6.1.2. should inform Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan about signing individual labour agreements (contracts) with foreign employees as well as of termination of individual labour agreements within 10 days;

6.1.3.  should provide foreign employees with appropriate documents related to their labour activity in the Republic of Azerbaijan.

6.2. Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan implements control over observation of Regulations on License validity.

6.3. The authorities of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan in the control regulations are as follows:

6.3.1. to monitor the observance of normative-juridical acts and license Regulations regulating attraction and application of foreign labour force;

6.3.2. to obtain from the Licensee information on the issues encountered during the process of monitoring;

6.3.3. to compile an act or a warning based on the results of monitoring, showing distortions;

6.3.4. take measures for elimination of the distortions which took place;

6.3.5. to consider the issue of cancellation or termination of the license effect.

6.4. During the monitoring process the Licensee should create normal conditions for representatives of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan to enter and inspect the ventures which are to be monitored, and to submit all the required documents to them.

6.5. An act which consists of two copies is compiled about the results of monitoring. The act is signed by the representatives of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan and Licensee (Head of the enterprise). A refusal to sign the act should be noted in the act. An information of the Licensee (Head of the enterprise) is attached to the Act. One copy of the act remains with the Licensee.

6.6. Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan can involve representatives of appropriate organisations in monitoring conducted in the order of control complying with these Regulations.

VII. Cancellation or Termination of License Activity

7.1. Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan cancels the license activity in the following cases:

7.1.1 when an appropriate application is submitted by the Licensee;

7.1.2  when the Applicant’s activity is stopped by appropriate state entities in compliance with the legislation of the Republic of Azerbaijan;

7.1.3 when the fact of the Licensee’s bankruptcy is certified by the legislation of the Republic of Azerbaijan;

7.2. When Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan adopts a resolution on cancellation of the license activity, the Licensee and the state taxation service entities should receive written information about it within 5 days.

When the cases which were grounds for cancellation of the license activity change, the license activity can be restored based on the application of the Licensee. The License is considered restored when resolution about it is adopted by Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan, and information about it, is sent to the Licensee and the state taxation service entities within the period of 5 days.

7.3. Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan terminates the license in the following cases:

7.3.1. when an appropriate application is submitted by the Licensee;

7.3.2. when false information is encountered in the documents submitted for license issuance;

7.3.3. when the License Activity Regulations are violated by the Licensee;

7.3.4. with appropriate court resolution;

7.3.5. when a juridical entity is terminated and a certificate given to a physical entity acting as an entrepreneur loses validity;

7.3.6. in other cases provided in the legislation of the Republic of Azerbaijan.

7.4. When Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan adopts the resolution on the termination of the License, it sends information about it to the Licensee and the state taxation service entities within the period of 5 days.

7.5. Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan conducts register of issued, registered, canceled, restored and terminated licenses.

VIII. Amenability

8.1. Officials of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan and of other related agencies and officials carry amenability for violation of the legislation of the Republic of Azerbaijan on Licensing  in compliance with the existing legislation.

8.2. Petitions about resolutions and actions of Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan can be sent to the court in the established order.


[1] Where the type of activity is implemented in separate ventures with respect to the sites, the number and address of those ventures are shown in the application.