Unofficial translation
Примечание ИЗПИ!
Порядок введения в действие см. п. 4.
In accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On Merchant Shipping” and paragraph 3 of Article 34 of the Law of the Republic of Kazakhstan “On Inland Water Transport”,
I HEREBY ORDER:
1. To approve the attached conditions under which foreign nationals and stateless persons may serve as members of the crew of a vessel sailing under the state flag of the Republic of Kazakhstan (hereinafter - the Conditions).
2. To instruct the Committee for Railway and Water Transport of the Ministry of Transport of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:
1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) posting of this Order on the website of the Ministry of Transport of the Republic of Kazakhstan following its official publication.
3. To assign responsibility for monitoring the implementation of this Order to the Vice-Minister of Transport of the Republic of Kazakhstan overseeing the relevant area.
4. This Order shall enter into force upon the expiration of ten calendar days after the date of its first official publication, except for subparagraph 2) of paragraph 2 of the Conditions, which shall enter into force on January 1, 2025.
|
Acting Minister of Transport of the Republic of Kazakhstan |
S. Ablaliev |
“AGREED”
Ministry of Labour and
Social Protection of the Population
of the Republic of Kazakhstan
“AGREED”
Ministry of Internal Affairs
of the Republic of Kazakhstan
| Approved by Order of the Acting Minister of Transport of the Republic of Kazakhstan dated September 18, 2024 No. 305 |
Conditions under which foreign nationals and stateless persons may serve as members of the crew of a vessel sailing under the state flag of the Republic of Kazakhstan
Сноска. Условия – в редакции приказа Министра транспорта РК от 24.07.2025 № 230 (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Chapter 1. General provisions
1. These conditions under which foreign nationals and stateless persons may serve as members of the crew of a vessel sailing under the state flag of the Republic of Kazakhstan (hereinafter - the Conditions) have been developed in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On Merchant Shipping” (hereinafter - the Law on Merchant Shipping) and paragraph 3 of Article 34 of the Law of the Republic of Kazakhstan “On Inland Water Transport” (hereinafter - the Law on Inland Water Transport) and shall establish the conditions under which foreign nationals and stateless persons may serve as members of the crew of a vessel sailing under the state flag of the Republic of Kazakhstan.
2. The employment of foreign nationals and stateless persons on vessels sailing under the state flag of the Republic of Kazakhstan shall be carried out in accordance with the Law of the Republic of Kazakhstan “On Migration” (hereinafter - the Law on Migration), resolution of the Government of the Republic of Kazakhstan dated November 24, 2023 No. 1041 “On Determining the List of Persons Who Do Not Require Permits from Local Executive Bodies to Attract Foreign Labour for Employment”, for carrying out employment activities in the Republic of Kazakhstan, subject to compliance with these Conditions.
Chapter 2. Conditions under which foreign nationals and stateless persons may serve as members of the crew of a vessel sailing under the state flag of the Republic of Kazakhstan
3. Foreign nationals and stateless persons shall be employed on a vessel sailing under the state flag of the Republic of Kazakhstan subject to the following conditions:
1) holding a professional diploma or confirmation of a professional diploma that meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (hereinafter - STCW), Article 24 of the Law on Merchant Shipping, and Order No. 504 of the Minister for Investments and Development of the Republic of Kazakhstan dated July 26, 2017, "On Approval of the Forms of Professional Diploma, Confirmation of Professional Diploma, and the Rules for the Certification of Seafarers" (registered in the Register of state registration of regulatory legal acts under No. 15577) (hereinafter – the Rules for the certification of seafarers);
2) holding a medical certificate confirming their medical fitness for such employment, in accordance with the requirements of the STCW, or a medical commission report issued in the form approved by Order No. 364 of the Acting Minister for Investments and Development of the Republic of Kazakhstan dated March 27, 2015, “On Approval of the Rules for Medical Examinations of Ship Crew Members, Requirements for Their Health and Physical Fitness, and the Form of the Medical Report” (registered in the Register of state registration of regulatory legal acts under No. 11546);
3) holding a seafarer’s identity document issued in accordance with the requirements of the Law of the Republic of Kazakhstan “On Ratification of the Convention Revising the Seafarers’ Identity Documents Convention, 1958 (Convention No. 185)”;
4) providing mentoring for the training and adaptation of Kazakhstani personnel.
4. The employment of foreign nationals and stateless persons on a vessel shall be permitted where there are vacant positions on the vessel and there is no possibility of meeting the demand for workers in specific occupations and qualifications in the domestic labour market, in accordance with Article 103 of the Social Code of the Republic of Kazakhstan.
Chapter 3. Conditions under which foreign nationals and stateless persons may serve as members of the crew of a vessel sailing under the state flag of the Republic of Kazakhstan
5. Foreign nationals and stateless persons shall not be appointed to the positions of master of a vessel, chief mate, chief engineer, or radio specialist.
6. Foreign nationals and stateless persons shall be employed on a vessel sailing under the state flag of the Republic of Kazakhstan subject to the following conditions:
1) holding a professional diploma that meets the requirements established by Article 34 of the Law of the Republic of Kazakhstan “On Inland Water Transport” and Order No. 355 of the Acting Minister for Investments and Development of the Republic of Kazakhstan dated March 27, 2015, “On Approval of the Rules for the Certification and Attestation of Command Personnel of Vessels Subject to State Registration in the State Ship Register of the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts under No. 11234);
2) holding a medical commission report in Form 073/u, approved by Order No. ҚР ДСМ-175/2020 of the Acting Minister of Healthcare of the Republic of Kazakhstan dated October 30, 2020, “On Approval of the Forms of Accounting Documentation in the Field of Healthcare and Instructions for Their Completion” (registered in the Register of state registration of regulatory legal acts under No. 21579);
3) for foreign nationals — holding a valid passport, and, for foreign nationals of states with which the Republic of Kazakhstan has not concluded agreements on a visa-free entry and stay regime, additionally holding the appropriate visa in accordance with Article 6 of the Law on Migration;
for stateless persons — holding a stateless person’s identity document or a passport issued by a foreign state confirming the person’s legal status as a stateless person.