Department of Justice

Department of Foreign Affairs

Department of Finance

Department of Labor and Employment

Department of Environment a n d Natural Resources

Bureau of Internal Revenue

Bureau of Immigration

Professional Regulation Commission

National Intelligence Coordinating Agency

JOINT M E M O RAN D U M CIRCULAR N O . 0 0 1

Series of 2 0 1 9

RULES AND PROCEDURES GOVERNING FOREIGN NATIONALS I N T E N D I N G

TO WORK IN THE P H I LI P P I N E S

WHEREAS, Section 12, Article XII of the 1987 Philippine Constitution

provides that: The State shall promote the preferential use of Filipino Labor,

domestic materials and locally produced goods, and adopt measures that help

make them competitive;

WHEREAS, Section 14, Article XI I of the 1987 Philippine Constitution

provides that: The practice of all professions in the P h i l i p p i n e s s h a ll be limited to

F i l i p i n o citizens, save i n cases prescribed by law;

WHEREAS, pursuant to Art. 40 of the P h ili p p i n e Labor Code, as a m e n d e d ,

the Department of Labor Employment (DOLE) is mandated to regulate the

employment of aliens through the issuance of Alien Employment Permit (AEP) to

non-resident foreign nationals or to the a p p l i ca n t employer after a determination of

the non-availability of a person in the Philippines who is competent, able and willing

at the time of application to perform the services for which the alien is desired.

WHEREAS, by virtue of Section 7() of Republic Act N o . 8981 otherwise

known as the PRC Modernization Act of 2000, the Professional Regulation

Commission ( P R C ) , upon recommendation of the Board concerned, is authorized

to issue certificate of registration/license or a special temporary permit to foreign

professionals who desire to practice their professions in the country under

reciprocity a n d other international agreements; consultants in foreign-funded, joint

venture or foreign-assisted projects of the government, employees of P h i l i p p i n e or

foreign private firms or institutions pursuant to law, or health professionals engaged

in humanitarian mission for a limited period of time;

WHEREAS, by virtue of the Philippine Immigration Act of 1940, as amended,

the Bureau of Immigration is mandated to process pre-arranged employment visa

under Section 9(g) pursuant to Section 20 of said Act;

:
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8
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 WHEREAS, by virtue of Commonwealth Act No. 1 0 8 , as amended by PD

7 1 5 , the Department of Justice (DOJ) is mandated to issue Authority to Employ

foreign nationals as technical personnel in wholly or partially nationalized industries

in the Philippines;

WHEREAS, pursuant to Section 62 of Republic Act No. 7942, otherwise

known as the Philippine M i n i n g Act of 1 9 9 5 , a mineral agreement or a financial or

technical assistance agreement contractor shall not be hindered from hiring

employees of his own selection, subject to the provisions of Commonwealth Act of

No. 6 1 3 , as amended, for technical and specialized work which, in his judgment

and with the approval of the Mines and Geosciences Bureau (MGB) Director,

requires highly-specialized training or long experience i n exploration, development

or utilization of mineral resources;

WHEREAS, pursuant to Sec. 20 of the P h i l i p p i n e Immigration Act of 1 9 4 0 ,

as amended, and implemented by Part 7, Sec.102 of the Codified Visa Rules and

Regulations of the P h i l i p pi n es (2002), the Department of Foreign Affairs, through

the Consular Officers, is authorized to issue various visas corresponding to the

purpose and intent of qualified foreign nationals, including those applying for pre­

arranged employment i n the P h ili p p i n e s .

WHEREAS, pursuant to Section 1 of the Executive Order No. 98, series of

1999, directing all government agencies and instrumentalities, including

Government-Owned and/or Controlled Corporations, and all Local Government

Units, to incorporate the Taxpayer Identification N u m b e r ( T I N ) i n all forms, permits,

licenses, clearances, official papers and documents which they issue to persons

transacting business with them, be they natural or j u r i d i ca l.

WHEREAS, the government at constant risk of being infiltrated by a g ro u p

or i n d i v i d u a l for a purpose which is i n i m i c a l to national interest;

WHEREAS, owing to challenges posed by terrorism, Section 1 of

Administrative Order No. 68, series of 2003, strengthened National Intelligence

Coordinating Agency's (NICA) role and authority to principally direct, coordinate and

integrate all government activities involving national intelligence.

THEREFORE, with the foregoing premises considered, this Joint

Memorandum Circular is hereby i s s u e d .

Section 1 . Objective. This Joint M e m o r a n d u m Circular aims to harmonize

the regulations and policy guidelines governing the issuance of the following

documents to foreign nationals intending to work i n the P h i l i p p i n e s :

• Alien Employment Permit (AEP) by the Department of Labor and

Employment ( D O L E ) ;

• Special Temporary Permit {STP) by the Professional Regulation

Commission (PRC);

w
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 • Special Work Permit (SWP), Provisional Work Permit (PWP) and 9(g)

visa by the Bureau of Immigration ( B l ) ;

• 9(g) and 47(a)2 visa by the Department of Foreign Affairs (DFA);

• Authority to Employ Alien (AEA), and 47(a)2 visa by the Department

of Justice (DOJ); and

• Authority to Hire Foreign National (AHFN) by the Department of

Environment and Natural Resources- Mines and Geosciences

Bureau (DENR-MGB).

Section 2. Two Options of securing 9(g) visa in the P h ili p p i n e s . The

foreign nationals intending to work in the Philippines may apply for work visa under

any of the following options, provided that concerned national government agencies

i.e. DOLE and DOJ shall secure a no derogatory information from NICA:

Option 1. Securing 9(g) visa while in the Philippines. Foreign

nationals, who have entered the Philippines with a temporary visitor's visa,

must secure applicable permits and file an application for 9(g) visa at the B l

by submitting the following documentary requirements:

I. Employment Contract. The foreign national shall enter into an

employment contract with a Philippine-based employer.

II . Permits and Authority. The foreign national or the Philippine-based

employer or the foreign national's duly authorized representative shall

file application for the issuance of the following permits and authority by

the appropriate government agency depending upon the foreign

national's functions to be performed, employer's nature of business,

employment duration, and practice of profession:

A) AUTHORITY TO EMPLOY ALIEN (AEA) - For nationalized and

partially nationalized industries where foreign equity participation

is limited to a maximum of 40%, the employer shall secure AEA

from the DOJ based on CA 1 0 8 , as amended and its implementing

rules and regulations as well as the existing Foreign Investment

Act.

B) AUTHORITY TO HIRE FOREIGN NATIONAL (AHFN)- For the

employment of foreign nationals in the mining operation, the

employer shall secure AHFN from the D E NR - M G B based on

Section 62 of Republic Act No. 7942 or the P h ili p p i n e M i n i n g Act

of 1995 and its existing implementing rules and regulations. I n

special cases, foreign nationals may be permitted to work by the

MGB Director for a limited period not exceeding one (1) year:

P rovided, t h at if reci p rocal priv il eges are extended to F il i p i n o

nationals i n the co unt ry of d o m i c i l e , the M G B Director may g rant

waive rs or e x emptions.

am,�
 C) SPECIAL TEMPORARY PERMIT (STP) - For the practice of

regulated professions, the employer shall secure STP from the

PRC, subject to the provisions of Republic Act No. 8 9 8 1 , otherwise

known as the PRC Modernization Act of 2000, and the relevant

professional regulatory laws.

D) ALIEN EMPLOYMENT PERMIT (AEP) -- The foreign nationals, or

their employer or authorized representative/agent shall secure

AEP from the DOLE Regional Office having jurisdiction over the

place of work based on Article 40 of the Labor Code, as amended,

and its existing implementing rules and regulations. The DOLE

shall be responsible in the determination of the non-availabil i ty of

a pe rs on in t h e Ph ili ppines w ho is co m p etent , a b le and wi lli ng at

the time of app li c ation to perform t h e s e rv ices for wh ich the a l i e n

is desired .

U pon issuan c e of the a p p li ca b l e permits and/ or a ut h ori t y menti o ned

above , the empl o yer and the fo r ei g n national must s ecure w ork visa from the

B l ba s ed on S e c tion 9(g) of the CA 6 1 3 and its e x istin g imp l ement i n g rul e s

and regu l ations . Up on approval of the ap p l i ca ti on for co nversion to 9( g ) visa ,

the B l shall inform the peti ti oner on the approval fo r the im p lementation of

the 9( g ) visa an d issuance of t h e A lien C e rt i fica te of Registration (ACR) ­

i Card .

Pro v i de d that: for the p ro s p ec tive foreign worker outside of the

cou ntry, a Letter of I nten t submi tt ed by the em p lo y er to the B l s h all be

forw arded to the respective E mbass y and / or C onsu l ar Post for the i s suan c e

of 9(a) vi s a .

Option 2. Securing of work visa prior to entry to the P h ili p p i n e s .

Th e P h ili p p i n e- b a s ed e m p l o y er m u st obtain the n ec essa ry p ermit and

a p p ro p r i a t e authority b efore e nt ry of the fo rei g n nationals to the P h i l i p p i n es

for work as stated in Section 2, Option 1, of th i s Ci r c u l a r, e x cl u d i n g the work

visa .

The acquisition of work visa at t h e P h ili p p i n e Embass y or C on s u l a r

Post sh a l l have th e fo llo wi n g p rocess fl ow:

a. Up on the i s su a nce of t h e a p pl i cab l e permits and autho r ity, t he

issuing agencie s sha ll inform the Bl and the Phili p pi ne-b a sed

em p loyer of such fact. The P h i l i p p i n e- b a s ed employer or its dul y

authorized representative shall apply for 9(g) Work Visa 9(g) at

the Bl.

b. Once the a p p lic a tion for 9(g) work visa is approved, t h e B l shall

transmit the e n do r sement to i s s u e the 9 (g) w ork vi s a to t h e DFA

together with necessary documenta ti ons a nd inform th e

4of7 �
 Philippine-based employer or its duly authorized representative of
such approval.

c. The DFA shall forward the authority to issue 9(g) visa to the

appropriate Consular Post/Philippine Embassy for the issuance of

9(g) visa to the foreign national.

d. Upon receipt of authority and endorsement from the DFA, the

concerned Consular Post or Philippine Embassy shall issue the

work visa to the foreign national. Appropriate charges may a p p l y .

e. The foreign national shall register with the B l within seven (7) days

upon arrival in the Philippines.

Section 3. Duties of concerned government agencies after the

issuance, denial or cancellation of necessary permit and authority. I n case of

denial or cancellation/revocation of the necessary permit and/or authority, the

concerned government agencies shall notify the DOLE and B l of such fact. Any

derogatory information on foreign nationals obtained by NICA sh al l be shared to

DOLE and B l.

Section 4. Denial or Cancellation. I n case of denial of application for or

cancellation of the work visa based on its existing rules and regulations, B l shall

immediately inform D O L E . The AEP issued by DOLE will be revoked or cancelled

automatically upon receipt of notification thereof.

Section 5. Requirement for Taxpayer Identification Number. The

implementing agencies mentioned above shall require the foreign national and/or

the employer/withholding agent to secure Taxpayer Identification Nu mbe r from the

Bureau of Internal Revenue ( B I R ) as part of documentary requirements in securing

permits and visas.

Section 6. Issuance of Special Work Permit (SWP). The B i ' s issuance of

SWP s h a l l be governed by the D O L E - D O J - B I - B I R Joint G u i d e li n es No. 0 1 , Series

of 2 0 1 9 on the Issuance of Work and Employment Permits to Foreign Nationals.

Section 7. Issuance of Clearance from DOLE. All government agencies

issuing work-related permits, visas and authorities shall secure Certificate of No

Objection (CNO) from DOLE prior to issuance of the said work-related permits,

visas and authorities except the DOJ in i s s u i n g AEA, and B l i n issuing SWP. Should

there be objection from a concerned party, a labor market test shall be conducted

by D O L E to determine the non-availability of a person in the P h ili p p i n es who is

competent, able and wi lli n g at the time of application.

The issuance of the CNO by the DOLE shall not be construed as an

automatic approval of the application for work-related permits, visas · and/or

authorities.

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 Section 8. Creation and Function of the Technical Working Group

(TWG). It is hereby created a TWG composed of DENR, DOF, DFA, DOJ, D O L E,

Bl, BIR, NICA and PRC. The TWG s h a ll designate permanent and alternate

representatives who s h a ll be responsible for a ll matters related to e m p l o ym e n t of

foreign nationals including the submission and c o n s o l i d a ti o n of reports. The TWG

s h a ll also develop an inter-agency database system that is accessible to all the

m e m b e rs . Further, the D OLE sh a ll b e th e adm i nistra to r of said d a tabase system.

Section 9. Joint Inspection Team. A sp e cial joi n t inspectio n team s hall be

created to be composed o f the D OLE, Bl, and BIR to conduct joint i n sp e ction o f

establishments e m p l oyi n g FNs to en s u re th e ir com p l i ance with the labor,

im m i g r a ti o n a nd tax laws.

Section 10. D a t a Repository. Pen d i ng th e d ev e lopment of the datab a se

sys te m, the D E N R , DFA, DOJ, B l , and PRC s h a ll submit to t he D O L E , through the

Burea u o f L o ca l Emp l o ym e n t (BLE) a n d NICA, mo n thly report for con s olidati on not

later than the tenth ( 1 0 \ ) day of the month following the reporting period, on the
is s u a n c e o f the following:

a ) AHFN b y the D E N R - M G B ;

b ) 9(g) and 47( a )2 visa by the DFA;

c) AEA and 47(a)2 by th e DOJ;

d ) SWP, PWP an d 9(g) vi s a by th e B l ; a n d ,

e ) STP b y the PRC.

T he BLE sha ll be the centra l r epository of s uc h information of foreign nationals

e mploy e d in the Philippines.

Section 1 1 . Annexes. Attached to thi s J o i n t M e mor a n d um Circula r are the

foll o wing, wh ich ar e su bj ect t o any updates an d /or a m e n dme n ts:

a ) Pr ocess Fl o w (Annexe s : Op t ion 1 - A; an d Option 2 - A. 1 );

b ) Lists o f N ationa l i z ed a nd P a rtia ll y Nationalized Industries (Annex B);

c) List o f PRC Reg u l ated Professio ns (Annex C);

d ) Li st of Docume n t a r y Requi r eme n t s for the Issuanc e of Authori t y,

P e r m i t, and Work Visa (Annex D); a n d ,

e) Revenue Me m o r a n dum Order N o . 2 8 - 2 0 1 9 -- Prescribing Policie s fr

and G u i d e l i n e s on th e R eg i s tratio n R e qui r e me n t s of F ore ig n Nat i o n als (

(Annex E ) .

subject to
Section

re
12. Periodic Review.

view every two (2) years,

This

or often
Joint

as ma
Memorandum

y be n ec essa ry.
Circular shall be

r
Section 13. Miscellaneous Provision. The p r o v i s ions of this Joint

M e m o r a n d um Ci rcu l ar d o not p r eclu d e any c h a n ge o r amendments o f the rules and

regu a l tio n s a s dee med nece s s ary and a pp r o p r i a t e b y the c?nce�ned agencie�, t(
provided that the same is with the conformity of other agencies signatory of this

J oin t M e m o r a n d u m Ci r cul a r .

_ t_
.

Section 14. Transitory Provision. All existing orders, rules, regulations,

and other issuances shall remain in force until the effectivity of this Joint

Memorandum Circular.

Section 1 5 . Separability Clause. I n case any clause, sentence or provision

of this Joint Memorandum Circular is declared unconstitutional, the remaining parts

hereof shall not be affected.

Section 16. Repealing Clause. All orders, rules, regulations, and

agreements inconsistent with or contrary to the provisions of this Joint

Memorandum Circular are hereby repealed or modified accordingly.

Section 1 7 . Effectivity. This Joint Memorandum Circular s h a l l take effect

after fifteen { 1 5 ) days from the date of its publicat i on in the official g azette o r i n the

newsp�irculation.

M E N A R D O I . G U E V AR R A TEODORO L. LOCSIN, JRr

Secretary, DOJ · Secretary, DFA

¢

Ill M IRE H. BELLO IL

rotary, DOLE

9l-'
<v
ox A. cmwA", _,f CAESAR R. DULAY

sacaa..0s Commissioner, BIR

TEOFILO S . PILANDO, J R .
JAIME H . MORENTE
Chairman, PRC
Commissioner, BI ¥,¥

. EAGUDO

neral, NICA

Date: _

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