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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON TEMPORARY LABOR ACTIVITIES OF CITIZENS OF ONE STATE IN THE TERRITORY OF THE OTHER STATE

Signed at Seoul November 10, 2010

Entered into force January 1, 2012

AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF KOREA

 AND

THE GOVERNMENT OF THE RUSSIAN FEDERATION

ON 

TEMPORARY LABOR ACTIVITIES OF CITIZENS OF ONE STATE IN THE TERRITORY OF THE OTHER STATE

The Government of the Republic of Korea and the Government of the  Russian Federation (hereinafter referred to as the Parties),

guided by mutual desire to strengthen and develop economic ties between the two States,

considering temporary labor activities of citizens of one State in the territory of the other State as an important area of cooperation,

based on mutual interest in regulation of external labor migration processes in the Republic of Korea and the Russian Federation,

have agreed as follows:

Article 1

1.  This Agreement governs issues of labor activities of citizens of the Republic of Korea temporarily working in the territory of the Russian Federation and citizens of the Russian Federation temporarily working in the territory of the Republic of Korea with the purpose of facilitating their labor activities.

2.  This Agreement shall be applied to the entire state territory of the two States, apart from those areas, organizations or facilities, which are to be entered by foreign citizens only with special permission.

Article 2

This Agreement covers following categories of citizens of the States of the Parties:

1)  employees of representative offices: citizens of the State of one Party temporarily working in representative offices of legal entities situated in the state territory of the other Party, whose number shall be determined by a competent authority of that other Party’s State at the time of accreditation of such representative offices;

2)  employees of one group of companies (one group of companies shall mean a group with a head company and companies directly or indirectly controlled by such head company in accordance with its foundation (statutory) documents):

-   citizens of the State of one Party who have entered into a labor contract with a legal entity situated in the territory of the State of such Party and are working at an enterprise or an entity of the same group of companies situated in the state territory of the other Party;

-   citizens of the State of one Party who have entered into a labor contract with an enterprise or an entity situated in the state territory of the other Party and being a part of the same group of companies.

3)  heads of enterprises: citizens of the State of one Party who, due to legislation provisions of the State of such Party or foundation (statutory) documents of an  entity, exercise control or management of such entity in the state territory of the other Party;

4)  family members : spouses and minor children accompanying the citizens specified in this Article, apart from the categories of citizens specified in the second paragraph of this Article (2).

Article 3

The competent authorities responsible for implementation of this Agreement (hereinafter referred to as the competent authorities) are:

for the Republic of Korea - the Ministry of Foreign Affairs and Trade of the Republic of Korea, the Ministry of Justice of the Republic of Korea;

for the Russian Federation - the Federal Migration Service, the Ministry of Health Care and Social Development of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation.

The competent authorities of the Parties shall establish a working group for solving issues related to implementation of this Agreement.

The working group, where necessary, shall hold joint meetings alternately in the Republic of Korea and the Russian Federation.

Article 4

A visa for labor activities shall be issued to citizens of the States of the Parties specified in Article 2 hereof on the basis of an invitation for entry.

An invitation for entry for citizens of the State of one Party shall be issued by the competent state authority of the other Party on the basis of the documents specified in Annex No. 1.

Article 5

1.  Diplomatic missions and consular offices of the State of one Party shall issue to the citizens of the State of the other Party specified in Article 2, except for those specified in Article 2 (4), a multiple-entry visa, valid for up to one year, granting the right of entry and continuous residence in the state territory of that Party for the purpose of carrying out labor activities. Upon expiration of the term of the said visa, the residence of the abovementioned persons may be extended without the necessity to leave the territory of host state for the term of the labor contract, but each time for the term not exceeding three (3) years, except for the persons specified in the second paragraph of Article 2 (2) hereof, whose visa may be extended on a single occasion, but not more than for six (6) months, if necessary, due to the original purpose of the trip.

2.  Diplomatic missions and consular offices of the State of one Party shall issue to citizens of the State of the other Party, specified in Article 2 (d), a multiple-entry visa, valid for up to one (1) year, granting the right of entry and continuous residence in the state territory of that Party with the possibility of subsequent extension thereof, without the necessity for them to leave the territory of the host state, for the term of the visa issued to the employee accompanied by them.

3.  The visa specified in this Article shall be extended by competent state authorities of the Parties on the base of the documents specified in Annex No. 2 hereto.

Article 6

In order to facilitate the temporary labor activities of citizens of their States, specified in paragraphs (1), (2) and (3) of Article 2, the Parties shall not apply establishment of quotas in respect of such citizens, and furthermore:

the Russian Federation shall not prepare conclusions on reasonability of attraction and use of labor force;

the Republic of Korea shall not assess the situation on the labor market.

Article 7

1.  The documents required for processing work permits in the state territory of the States may be filed with the relevant competent authorities situated in the capital cities of the States irrespective of the place of the employer’s registration.

2.  Work permits shall be valid throughout the territory of the host state, which this Agreement is applicable to.

Article 8

Representative offices of legal entities situated in the state territory of the Parties do not need to obtain approval for labor activities in order to attract employees  within the quantity determined at the time of their accreditation.

Article 9

The rights and freedoms provided by the legislation of the host state to foreign citizens shall be also guaranteed to citizens of the States of the Parties specified in Article 2 hereof.

The Parties shall take measures to protect the rights of citizens of the States of the Parties, who are covered by this Agreement.

Provisions of this Agreement do not relieve the citizens of the States of the Parties, specified in Article 2 hereof, from the obligation to observe the legislation of the host state.

Article 10

Medical services shall be provided to citizens of the States of the Parties  specified in Article 2 hereof in accordance with the legislation of the host state pertaining to foreign citizens.

Article 11

If certain qualification is required for citizens of the States of the Parties in order to carry out certain kinds of works pursuant to the legislation of the host state, the said citizens shall submit documents confirming such qualification.

Article 12

1.  Citizens of the States of the Parties specified in Article 2 shall not carry out any work other than the work specified in their labor contracts.

2.  Should citizens of the States of the Parties no longer comply with criteria specified in Article 2 hereof, they shall be covered by the general conditions and procedure of residence provided by the legislation of the host state in respect of foreign citizens.

Article 13

All expenses related to processing of documents required for entry of citizens of the States of the Parties specified in Article 2 hereof in the territory of the host state and their departure from the host State (apart from citizens specified in Article 2 (4)) shall be paid by them or by the receiving company.

Article 14

1.  This Agreement shall come into force on the first day of the second month following the last notification of completion by each of the Parties of internal state procedures required for its coming into force.

2.  Each Party is entitled to denounce this Agreement, having notified the other Party in writing through the diplomatic channels. This Agreement shall be terminated upon the expiration of three (3) months from the date of receipt of such notice. The rights acquired in accordance with provisions of this Agreement shall not be terminated in case of denunciation thereof, unless the Parties agree otherwise.

3.  Difficulties in interpretation or application of this Agreement shall be settled by a joint working group specified in Article 3 hereof or through the diplomatic channels.

DONE Seoul, on 10th November, 2010 in duplicate, each in  Korean, Russian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall be used.

 

FOR THE GOVERNMENT OF

THE REPUBLIC OF KOREA

FOR THE GOVERNMENT OF

THE RUSSIAN FEDERATION

Annex No 1 to

the Agreement between the Government of the Republic of Korea and the Government of the Russian Federation on Temporary Labor Activities of Citizens of One State in the Territory of the Other State

 

I.  Documents required by the competent authorities of the Russian Federation for entry invitation to the Russian Federation for the purpose of labor activities

1.  Application for issuing the invitation

2.  Corresponding questionnaire with color photo (size 3X4 cm) of citizen of the Republic of Korea

3.  Copy of the document, proving citizen identity of the Republic of Korea and recognized in this quality by the Russian Federation

4.  Copy of the document about professional education or qualification of citizen of the Republic of Korea

5.  Copy of labor contract concluded by the employer with citizen of the Republic of Korea

6.  Medical documents issued in accordance with legislation of the host country

7.  Document confirming payment of state duty for procurement of invitation

 

II. Documents required by the competent authorities of the Republic of Korea for entry invitation to the Republic of Korea for the purpose of labor activity realization 

 

1.  Application form

2.  One color photo (size 3Х4 cm)

3.  Certificate of employment issued by head office

4.  Dispatch order issued by head office

5.  Copy of the documents on the establishment of the representative office or company (provided by company)

6.  Copy of the documentary evidence of business fund importation record (provided by company)

7.  Copy of the documents, certifying company’s foreign investment registration (provided by company)

 

Annex No. 2 to

the Agreement between the Government of the Republic of Korea and the Government of the Russian Federation on Temporary Labor Activities of Citizens of One State in the Territory of the Other State

 

I.  Documents required by the competent authorities of the Russian Federation for extension of visa

1.  Two photos (size 3X4 cm)

2.  Questionnaire of a standard type

3.  Valid document proving citizen identity of the Republic of Korea and recognized in this quality by the Russian Federation, copies of its pages which contain information about the citizen and validity period of this document and also copy of visa

4.  Copy of the labor contract

5.  Document confirming payment of state duty for procurement of visa

II. Documents required by the competent authorities of the Republic of Korea for extension of the visa

1.  Application form

2.  One color Photo (size 3 Х 4 cm)

3.  Copy of the certificate of company registration

4.  Dispatch order or certificate of employment issued by head office

5.  Copy of the documentary evidence of business fund importation record (provided by company)

6.  Copy of the certificate of payment of taxes (provided by company)

7.  Copy of the record of business achievements such as exports and imports (provided by company)

 

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