On the procedure for providing recommendations to foreign investors and specialists in the field of information technologies, as well as founders (participants) of residents of the technopark of software products and information technologies (3387-son)
16.09.2022
ORDER
of the minister for the development of information technologies and communications of the republic of uzbekistan
[Registered by the Ministry of Justice of the Republic of Uzbekistan on September 16, 2022, registration number 3387]
On the basis of Resolutions No. 408 of the Cabinet of Ministers of the Republic of Uzbekistan dated November 21, 1996 ”On the procedure for arrival, departure, stay and transit of foreign citizens and stateless persons to the Republic of Uzbekistan“ and No. 589 of July 15, 2019 "On measures to organize the activities of the Technological Park of Software Products and Information Technologies" I hereby order:
1. To approve the Regulation on the procedure for providing recommendations to foreign investors and specialists in the field of information technologies, as well as founders (participants) of residents of the Technological Park of Software Products and Information Technologies according to the Annex.
2. The Order has been coordinated with the Ministry of Foreign Affairs and the Ministry of Internal Affairs of the Republic of Uzbekistan.
3. The Order shall be effective as of October 1, 2022.
Minister SH. SHERMATOV
September 12, 2022,
No. 233-mh
Coordinated:
Minister of Foreign Affairs acting in lieu of V. NOROV
August 31, 2022
Minister of Internal Affairs P. BOBOJONOV
September 1, 2022
ANNEX to the Order of the Minister for Development of Information Technologies and Communications of the Republic of Uzbekistan No. 233-mh dated September 12, 2022
REGULATION
on the procedure for providing recommendations to foreign investors and IT specialists, as well as founders (participants) of the residents of the Technopark of Software Products and Information Technologies
The Provision defines the procedure for consideration, extension and cancellation of recommendations to foreign investors and IT specialists, as well as founders (participants) of residents of the Technopark of software products and information technologies (hereinafter — Technopark).
Chapter 1. General Provisions
1. The following definitions are used in this Regulation:
“IT-Visa”: a category of multi-entry visas with a validity period of up to three years, allowing foreign investors and specialists in the field of information technology, as well as founders (participants) of residents of the Technopark to extend its validity period without leaving the territory of the Republic of Uzbekistan;
Technopark Directorate (hereinafter the Directorate) — a legal entity that receives, considers, grants, extends and cancels recommendations;
Recommendation — documents issued by the Directorate to foreign investors and IT specialists, founders (participants) of Technopark residents in the form of IT-card:
a. Recommendation for obtaining “IT-Visa” to citizens and stateless individuals of countries that have introduced a visa regime with the Republic of Uzbekistan, as well as stateless persons of countries for which the Republic of Uzbekistan has introduced a visa-free regime;
b. Recommendation equal to “IT-Visa” for citizens of countries in which the Republic of Uzbekistan has introduced visa-free regime;
Applicant: foreign investors and IT specialists, candidate for recommendation, founder (participant) of a Technopark resident;
Web portal: website designed to accept and process applications for recommendations (www.it-visa.uz);
Expert Council: a body of qualified specialists from ministries and agencies, as well as other specialists;
2. Applicants may apply for a recommendation either in the territory of Uzbekistan or in a foreign country.
3. Recommendation:
To a foreign investor investing in the development of the sphere of information technologies in the territory of the Republic of Uzbekistan;
To a foreign professional in the field of information technology, with an annual salary of at least $30,000 in equivalent over the last 12 months;
Issued to the founder (participant) of Technopark residents.
4. The procedure for issuing a Recommendation is carried out according to the scheme in Annex 1 to this Regulation.
Chapter 2: Application for a recommendation
5. To obtain a Recommendation, applicants must submit to the Directorate through the online platform an application in accordance with Annex 2 of this regulation. The application must include copies of the applicantʼs passport and those of their family members (spouse, parents, children), as well as a photograph of the applicant. Additionally, the following documents must be attached to the application:
a. foreign investor:
information about the investment project for the development of information technology;
bank statement (certificate) verifying the amount of investment in information technology development;
letter (petition) on the implementation of an investment project jointly with the applicant by a legal entity resident in the Republic of Uzbekistan or a document confirming the establishment of a legal entity in the Republic of Uzbekistan;
a copy of the decision confirming the authority of the person operating on behalf of the investor company planning to invest in the development of information technology;
b. foreign specialist:
reference (resume);
document confirming the applicant's annual income over the past 12 months of at least $30,000 in equivalent, issued by a bank or relevant authorized body at the time of application submission;
letter (letter of guarantee) a legal entity resident in the Republic of Uzbekistan, confirming the purpose of the applicant's employment in the field of information technology;
document verifying the applicant's relevant experience and qualifications in the field of information technology, such as a diploma or certificate;
6. It shall not be lawful to require the applicant to provide documents not stipulated in Paragraph 5 of this Regulation.
7. The applicant may withdraw his application for a recommendation at any stage of the review.
Chapter 3. Consideration of applications for recommendations
8. The application for the issuance of a recommendation and other documents are considered by the Directorate within a period not exceeding thirty calendar days from the date of receipt.
9. The Directorate, within one working day from the date of receipt of the application, checks the submitted documents for their complete and correct registration in accordance with Paragraph 5 of this Regulation.
10. In case of incompleteness of the documents stipulated in Paragraph 5 of this Regulation, as well as in case of revealing inaccurate information or absence of mandatory information in the application, the Directorate shall refuse to consider the application.
11. The Directorate shall establish the Expert Council of at least five persons consisting of qualified specialists from ministries and departments, as well as other specialists, to review the documents on the recommendation and issue conclusions on the extension of its validity. The composition and operating procedures of the Expert Council shall be determined by the Directorate; the Expert Council shall be chaired by the relevant deputy head of the Directorate.
12. The Directorate within one working day after verification of the application shall submit the presented documents to the Expert Council for consideration for compliance with the requirements of these Regulation and the legislation of the Republic of Uzbekistan.
13. Determination of which particular area of information technology the foreign investor plans to invest in, as well as the activities of the foreign specialist, is carried out by an Expert Council on the basis of the information provided by them.
14. The application shall be considered by the Expert Council within twenty days. Based on the results of the application review, the Expert Council shall give a conclusion on the recommendation or decline to issue the one.
15. The Expert Council may conduct an interview with the applicant. The interview shall be conducted remotely using information and communication technologies.
16. The Expert Council's conclusion to decline a recommendation to the applicant is given in the following cases:
a. In the event that the applicant is found to have violated the rules of stay in the Republic of Uzbekistan;
b. If the applicant does not fall into the category of people provided for in Paragraph 3 of this Regulation;
c. If the applicant does not meet the requirements for issuing recommendations set out in this Regulation.
17. In cases where the Expert Council has not found the grounds for refusal as provided for in Paragraph 16 of this Regulation, an opinion regarding the recommendation for the applicant is submitted to the Directorate.
18. The Directorate shall take a decision to issue or decline to issue a recommendation within one working day from the date of receipt of the Expert Council's opinion on the basis of this report.
The Directorate, within one working day from the date of the decision, sends a notification of the decision to the email address specified in the applicant's application.
19. The Directorate, within one working day from the date of the decision to issue a recommendation, draws up a recommendation in accordance with Annex 3 to this Regulation.
20. If the applicant without citizenship or a citizen of the countries that introduced visa regime with the Republic of Uzbekistan is abroad, the Directorate applies to the Consular and Legal Department of the Ministry of Foreign Affairs of the Republic of Uzbekistan, as well as to the territorial subdivisions of the Republic of Karakalpakstan and regions for the registration of “IT-visa” with a recommendation to applicants, a copy of passport, as well as a questionnaire of the established sample.
21. When an applicant comes to the directorate for a recommendation, a recommendation is provided to them on the basis of their identity document.
22. If a citizen of a country with a visa regime with Uzbekistan or a stateless person is in Uzbekistan, an employer who is a resident of Uzbekistan, resident of a technopark, or legal entity that is receiving investment, can apply to the Internal Affairs Authorities for an "IT-Visa" on their behalf.
23. If the applicant's recommendation is declined, they may reapply for a recommendation to the Directorate with the elimination of the deficiencies that served as the basis for the declination.
24. Consideration of applications for a recommendation, issuance of recommendations and extension of its term are carried out free of charge.
Chapter 4. Procedure for the application, extension and termination of the recommendation
25. The recommendation is granted based on the conclusion of the Expert Council for a period not exceeding three years.
26. The recommendation entitles its holder and family members (spouse, parents, and children) to:
Obtain access to medical and educational services on conditions available to citizens of the Republic of Uzbekistan, as provided by the Law, and temporary registration in the territory of the Republic of Uzbekistan during the period of validity;
the purchase of real estate is not subject to the legislation on the maximum value of real estate established for foreign citizens, and a certificate of residence in the Republic of Uzbekistan is not required.
At the same time, citizens of countries that have introduced a visa regime with the Republic of Uzbekistan, who are the recipient of the recommendation and their family members, after registration of the “IT-visa” are entitled to other benefits provided for in this paragraph, as well as legislative acts.
27. The extension of the validity period of the recommendation is carried out in accordance with the procedure established by this Regulation for issuing a recommendation.
28. The term of validity of the recommendation shall be terminated prematurely in case of bringing the recipient of the recommendation to criminal liability in accordance with the legislation of the Republic of Uzbekistan and in the following cases:
a. In case of incomplete investments in the activities of a legal entity-resident of the Republic of Uzbekistan by foreign investors in the field of information technologies within three months from the date of recommendation;
b. In case of non-fulfillment by a foreign IT specialist of a labor contract (civil law contract) with a legal entity-resident of the Republic of Uzbekistan within thirty working days or termination of the concluded labor contract;
c. When the founder (participant) of a Technopark resident is deprived of the status of a Technopark resident of which he is a founder (participant) or his withdrawal from the Technopark.
29. If the investment project is not implemented, its implementation is suspended for more than six months or terminated prematurely, the legal entity specified in the fourth indent of subparagraph “a” of paragraph 5 of this Regulation shall notify the Directorate thereof within ten days.
30. Upon termination of a labor contract or a civil law contract concluded with a foreign IT specialist, the legal entity specified in the fourth indent of subparagraph “b” of paragraph 5 of this Regulation shall notify the Directorate thereof within ten days.
In case of termination of the labor contract or civil law contract, the holder of the recommendation has the right to conclude a contract with another employer (customer) within thirty days.
At the same time, the holder of the recommendation shall, within ten days from the date of termination of the employment contract or civil law contract, notify the directorate that they are seeking other employment.
31. Within five working days of receiving information indicating grounds to cancel a recommendation, as detailed in paragraph 28 of this Regulation, the Directorate shall decide whether to cancel the recommendation, unless otherwise specified in the second subparagraph of paragraph 30.
If the holder of the recommendation, with whom the labor contract or civil law contract has been terminated, has not notified about the conclusion of a contract with another employer (customer) within the period stipulated by the second subparagraph of paragraph 30 of this Regulation, the Directorate within five working days from the date of expiration of this period shall make a decision to cancel the recommendation.
32. The Directorate is responsible for sending information about cancellation to the Ministry of Internal Affairs and the Ministry of Foreign Affairs of the Republic of Uzbekistan within three days from the date of the decision to cancel the recommendation.
Chapter 5: Common Electronic Registry of Recommendations
33. The Directorate maintains a Common Electronic Registry of Recommendations on the web portal.
Entering information into the Common Electronic Registry of Recommendations, storing, processing, transferring, providing access to the information contained in this registry is carried out in compliance with the requirements of the Law of the Republic of Uzbekistan “On Personal Data” and other legislative acts.
34. The Directorate carries out administrative and technical measures to ensure the permanent maintenance of the Common Electronic Registry of Recommendations, the updating of the information received and the possibility of online verification of the authenticity and relevance of recommendations.
35. When servicing recommendation holders, the authenticity and relevance of the recommendation is verified from the Common Electronic Registry of Recommendations by means of the QR code of the recommendation (matrix barcode).
36. The information in the Common Electronic Registry of Recommendations shall be kept for ten years.
Chapter 6. Final Regulation
37. Persons violating the requirements of this Regulation shall be held liable in accordance with the procedure established by legislative acts.
38. Control over compliance with the requirements of this Regulation shall be exercised by the Ministry of Digital Technologies.
ANNEX 1 to the Regulations on the procedure for providing recommendations to foreign investors and IT specialists, as well as founders (Participants) of residents of the Technopark of Software Products and Information Technologies
SCHEME
of the Procedure for providing recommendations to foreign investors and IT specialists, founders (participants) of residents of the Technopark of Software Products and Information Technologies
Steps Participants Measures Deadlines Step 1 Applicant (legal entity) Submits an application to the Directorate along with all required documents (including the business plan) in the approved format to register as a Technopark resident. As needed Step 2 Directorate 1. Accepts applications and documents and verifies their accuracy and completeness. 2. Refuses to consider an application if the application contains inaccurate information or documents are not submitted in full. 3. Submits the documents to the Expert Council. Within 1 working day Within 1 working day Step 3 Expert Council 1. Considers applications for recommendation and, based on the results of the consideration, adopts a conclusion on recommendation or decline to issue a recommendation. 2. Conducts a remote interview with the applicant if necessary. Within 20 days Step 4 Directorate 1. Makes a decision to issue or decline to issue a recommendation based on the conclusion of the Expert Council. 2. Sends notification of the decision to the e-mail address specified in the applicant's application. 3. Formalizes the recommendation. Within 1 working day Within 1 working day Step 5 Directorate In case the applicant is abroad, the directorate applies to the Consular and Legal Department of the Ministry of Foreign Affairs of the Republic of Uzbekistan and territorial subdivisions in the Republic of Karakalpakstan and regions for registration of “IT-visa” with a recommendation, a copy of passport, as well as a questionnaire of the established sample. Within 1 working day Step 6 Directorate Provides a recommendation based on the applicant's identification document when applying for a recommendation. Immediately Step 7 Employer, Technopark resident or investee legal entity that is a resident of the Republic of Uzbekistan In case of being in the Republic of Uzbekistan, the applicant, who is a citizen of the countries that have introduced visa regime with the Republic of Uzbekistan, shall apply on their behalf to the Internal Affairs Authorities for issuance of “IT-Visa”. As needed Step 8 Directorate Enters the relevant information into the Common Electronic Registry of Recommendations. Within 1 working day
ANNEX 2 to the Regulation on the Procedure for Providing Recommendations to Foreign Investors and IT Specialists, as well as Founders (Participants) of Residents of Technopark of Software Products and Information Technologies
APPLICATION FORM
Applicant information: 1. Full Name: 2. Date of birth (dd, mm, yy): 3. Sex: □ Male □ Female 4. Citizenship: 5. Passport series & number: 6. Date of issue: 7. Expiration date: 8. Copy of passport: download 9. One color photograph: download 10. Address of residence in the Republic of Uzbekistan (for applicants staying in the Republic of Uzbekistan): 11. Cell phone: 12. Additional contact number: 13. E-mail: 14. Planned period of stay in the Republic of Uzbekistan: 15. Previous trips to the Republic of Uzbekistan (date, purpose): 16. What countries have you visited in the last three years and purpose? Details of accompanying relatives (spouse, parents, and children only): Full Name Degree of kinship: Date of birth Citizenship Passport Copy: Download For an IT specialist 1. Name of the employer legal entity: 2. Employer's phone number and address: 3. A Document certifying that the annual income for the last 12 months, authorized by the Bank or the relevant authority as of the date of application, is not less than $30 000 USD equivalent: download 4. Document attesting the applicant's major and qualification in the IT sector (diploma, certificate, or other): download 5. Resume (attach) 6. Letter (petition) from an employer-resident of the Republic of Uzbekistan, confirming the intention to hire the applicant as an employee in the IT sector: download 7. Petitioner Full Name: 8. Petitioner Position: 9. Petitioner Cell Phone: Investment project name 1. Investment project name: 2. Investment project info on the development of the IT sector: 3. Bank statement confirming the amount of the proposed investment in the development of the IT sector: download 4. Copy of the decision confirming the authority of the person acting on behalf of the investor company planning to invest in the development of the IT sector: download 5. Letter (petition) of the legal entity-resident of the Republic of Uzbekistan on realization of the investment project with the applicant: download 6. Petitioner Full Name: 7. Petitioner Position: 8. Petitioner Cell Phone: For a resident-founder (participant) of the Technopark of Software Products and Information Technologies 1. Name of the Technopark resident-company: I was warned about responsibility for violating the rules of stay of foreign citizens in the Republic of Uzbekistan. I acknowledge and agree that my personal data requested in this application must necessarily be submitted for the consideration of the application. I am aware of and agree to all personal data relating to me and indicated in this application to be transferred to the competent authorities and processed by them in order for them to decide on my application. I confirm that all the information I have provided in the application is true and complete. I am aware that incorrect information may result in refusal or revocation of the visa issued, as well as criminal liability under the laws of the Republic of Uzbekistan. I am aware that an issued “IT-Visa” or “IT-Card” can be revoked if I do not comply with the conditions of its issuance.
The photo submitted with the application must meet the following requirements:
Relevance (made within the last 6 months);
Colored on white background;
Size 3.5 x 4.5 cm;
The head and shoulders should be positioned so that the face occupies 80% of the photo;
The photo must fully show part of the applicant's face;
For an applicant who wears glasses, the photo must meet the following criteria: glasses without blackout, the frames must not cover any part of the eyes, and there must be no glare.
ANNEX 3 to the Regulation on the Procedure for Providing Recommendations to Foreign Investors and Information Technology Specialists, as well as Founders (Participants) of Technopark of Software Products and Information Technologies Residents
View of Recommendation
Description of the Recommendation
The recommendation is made of plastic. The recommended size is 54 x 86 mm. Written in Latin script in Uzbek, English and Russian languages. It consists of six-digit serial numbers.
On the front side of the Recommendation will be the words “Recommendation” and “Republic of Uzbekistan”, as well as the image of the State Emblem of the Republic of Uzbekistan, the emblem of the Ministry for the Development of Information Technologies and Communications of the Republic of Uzbekistan, and the logo of the Technopark.
On the front side of the recommendation in Uzbek, English and Russian languages indicated:
Holder Full Name
Amal qilish muddati/Срок действия/Date of expiry
Seriya raqami/Серийный номер/Serial number
A QR code is placed to pass to the common electronic registry of recommendations on the Internet to view the photo and data of the recommendation holder and his relatives.
On the back side of the recommendation in Uzbek, English and Russian languages indicated:
Ushbu hujjat egasi va uning oila aʼzolariga quyidagi huquq va imtiyozlarni beradi:
Oʻzbekiston Respublikasi fuqarolari uchun nazarda tutilgan shartlarda tibbiyot va taʼlim tashkilotlari xizmatlaridan foydalanish;
Tavsiyaning amal qilish muddatida vaqtinchalik roʻyxatga olishni amalga oshirish;
Koʻchmas mulkni sotib olishda qonunchilikda xorijiy fuqarolar uchun belgilangan koʻchmas mulkning cheklangan qiymatini tatbiq etmaslik va Oʻzbekiston Respublikasida yashash guvohnomasi talab qilmaslik.
Настоящий документ предоставляет следующие права и привилегии обладателю и членам его семьи:
Пользование услугами медицинских и образовательных организаций на условиях, предусмотренных для граждан Республики Узбекистан;
Предоставление временной регистрации в пределах срока действия рекомендации;
Неприменение установленной законодательством предельной стоимости недвижимого имущества для иностранных граждан при покупке недвижимого имущества и не требующих наличия вида на жительство в Республике Узбекистан.
This document gives the following rights and privileges to the owner and his/her family members:
Using the services of medical and educational organizations on the terms provided for citizens of the Republic of Uzbekistan;
Provision of temporary registration within the period of validity of the recommendation;
Not applying the limited value of real estate set by law for foreign citizens when buying real estate and not requiring a residence permit in the Republic of Uzbekistan.