Dayarayan Auditing & Financial
Services Firm
The first
Iranian state was the Persian Empire, which
rose in the first millennium BC and was for centuries the largest in the world.
It was conquered by Alexander the Great in 330 BC, and later overwhelmed by Arab
Muslim conquerors in the 7th century AD Iran became part of the Abbasid
caliphate and its culture was both Islamic and itself exerted an influence on
the rest of Islam. The Persian language and a distinct Iranian culture survived,
to be reasserted and reinvented by most of the region's rulers.
In the 10th and
11th centuries, the caliphs lost effective control of Iran to Persian and
Turkish rulers, and in the 13th century the region was conquered by the Mongols,
who themselves later converted to Islam. Mongol control diminished, and by the
16th century the Safavids, a powerful family from the north-west emerged to
unify Iran for the first time in the
Islamic era under Islam. He proclaimed himself shah, and made Shia Islam
Iran's state religion.
Iran was weakened
by wars in the 17th and 18th centuries and new dynasties followed the Safavids,
notably the Turkic Qajars. New rivals emerged in Russia-to whom Iran lost much of the Caucasus and central Asia
in 19th-century wars-and Britain, which sought a buffer between expanding
Russia and nearby
India. The two European powers came
to dominate Iran. By tacit agreement,
Russia took a sphere of
influence in the north and Britain in the south, and each power interfered
in local politics and forced trade concessions on its part of
Iran. Large oil deposits were
discovered in 1908, and when the monopolist Anglo-Persian Oil Company was formed
in 1909, Britain controlled a majority share.
Iran, officially
the Islamic Republic of Iran, country in southwestern Asia, located on the
eastern shore of the Persian Gulf with an area of 1,648,195 square kilometers,
Iran lies at the eastern most
edge of the geographic and cultural region known as the Middle East and it is the second largest country in this
area. The country is bordered on the north by Armenia, Azerbaijan, the Caspian Sea, and
Turkmenistan; on the east by
Afghanistan and
Pakistan; on the south by the
Gulf of Oman, the Strait of Hormuz, and the Persian Gulf; and
on the west by Iraq and
Turkey. It is divided into 28
provinces and has 241 towns and cities. Iran's capital and largest city is Tehran, located in the
northern part of the country.
The country's population, while
technically and linguistically diverse, is almost entirely Muslim. For
centuries, the region has been the center of the Shia branch of Islam.
Nearly all of
Iran's numerous rivers are relatively
short, shallow streams unsuitable for navigation. The country's only navigable
river, the Karun, flows through the city of Ahvaz in the southwest.
More than half
of Iran's international
border of 4,430 km (2,750 mi) is coastline, including 740 km (460 mi) along the
Caspian Sea in the north and 1,700 km (1,100 mi) along the Persian Gulf and
adjacent Gulf of
Oman in the south. Both the
Caspian Sea and the Persian Gulf have important
ports and contain extensive underwater deposits of oil and natural gas.
Iran's largest harbor,
Bandar-e 'Abbas, is located on the Strait of Hormuz, the narrow passage
separating the Persian Gulf and the Gulf of Oman.
Iran's extensive petroleum and natural gas
deposits are located primarily in the southwestern province of Khuzestan and in the Persian
Gulf. Iran also
has one of the world's largest reserves of copper; deposits are located
throughout the country, but the major lode lies in the central region between
the cities of Yazd and Kerman. This region also
serves as a center for the mining of bauxite, coal, iron ore, lead, and zinc.
Additional coalmines operate throughout the Elburz Mountains; iron ore mines
also exist near Zanjan in the northwest, near Mashhad in the northeast, and on
Hormuz Island in the Strait of
Hormuz. Iran also has valuable deposits of
aluminum, chromites, gold, manganese, silver, tin, and tungsten, as well as
various gemstones, such as amber, agate, lapis lazuli, and
turquoise.
Despite the great climatic variety of
Iran, its average annual
precipitation is about 250-300 millimeters. On this account, Iran is ranked
among the semi- arid countries of
the world. However with the great efforts made by Iranian experts to construct
dams and to domesticate wastewater within the past two decades, it is hoped that
the problem of water shortage will be solved in a not so remote future. It is
worth mentioning that only a quarter of Iran's area is endowed with fertile
lands and mild, favorable climate. Small as may seem this figure in comparison
with the whole surface area, it represents an area larger than
Germany, Belgiumand Netherlands grouped
together.
The population
of Iran was estimated at 67.000.000 in
2001, 36.8 million live in urban, and the rest in rural areas. This figure is
more than double the 1975 population of 33,379,000. 44 percent of the population
was under age 15, 53 percent was between 15 and 64, and only 4 percent was aged
65 or older. Overall population density in 2001 was 40 persons per sq km (104
per sq mi).
Iran's five- years
economic plans have emphasized a gradual move towards a market-oriented economy
and the development of the private sector, but political and social concerns
have hampered the applications of sound economic policy, and large external debt
repayments limited policy options throughout much of the 1990s. The third five-
year plan, which came into force in 2000, commits the government to an ambitious
program of liberalization, diversification and privatization. The resolution of
Iran's external debt problems eased
the policymaking environment and facilitated the unification of the exchange
rate at the start of 2002, but significant political obstacles to rapid reform
remain.
New Iranian tax
laws are simply with the flat rate for corporate tax.The tax rate is 25% fixed
rate. The new Tax Law shareholders don't pay any tax.
Salary income
of employees subject to the Law of 06/13/1370 concerning the Coordinated System
of Payments to Civil Servants, less the exemptions provided in this Act, shall
be subject to tax at a flat rate of 10%. As regards the other salary receivers,
up to IRR 42,000,000 of their salary income, minus the exemptions envisaged
under the present Act, shall be subject to the same rate of 10%, and the rates
of the Article 131 hereof shall apply to the rest thereof.
|
Description |
1999 |
2000 |
2001 |
2002 |
2003* |
|
GDP per
head ($ at PPP) |
6,614 |
7,002 |
7,422 |
7,820 |
8,790 |
|
GDP (%
real change pa) |
1.75 |
5.20 |
4.97 |
5.70 |
3.1 |
|
Government
consumption (% of GDP) |
14.30 |
14.04 |
14.61 |
14.30 |
14.40 |
|
Budget
balance (% of GDP) |
-0.16 |
-0.65 |
-0.51 |
2.60 |
2.1 |
|
Consumer
prices (% change pa;av) |
20.08 |
14.48 |
11.30 |
14.30 |
15.1 |
|
Public
debt (% of GDP) |
46.37 |
32.90 |
29.13 |
23.80 |
24.6 |
|
Labour
costs per hour (USD) |
22 |
29 |
31 |
38 |
46 |
|
Recorded
unemployment (%) |
-12,5 |
-13 |
-13.6 |
-14 |
-14.6 |
|
Current-
account balance/GDP |
12.14 |
17.97 |
6.26 |
3.10 |
3.30 |
|
Foreign-exchange
reserves (billion $) |
5,284 |
12.527 |
17,468 |
20,568 |
27.440 |
Notes |
|
|
|
|
|
|
GDP (%
real change pa) |
Years are
fiscal years beginning Mrach 20 |
|
Foreign-exchange
reserves |
Since
start 2000, includes Oil Stabilization Fund |
|
*
Estimate |
|
Who are taxable persons in
Iran? |
According to
article (1) of direct taxes act the following persons shall be subject to
taxation:
(1) All the owners - whether natural
or juridical persons with regard to their personal and real properties located
in Iran, in conformity with the provisions of the Title
(B);
(2) Every Iranian real person
residing in Iran, on all his
incomes earned in Iran or abroad;
(3) Every Iranian real person
residing abroad, on all his incomes earned in Iran;
(4) Every Iranian juridical person
with respect to all its incomes earned in Iran or abroad;
and
(5) Every non-Iranian person
(whether real or juridical) with regard to his/its incomes earned in Iran, as
well as in respect of the incomes derived by such person from Iranian sources
for granting of licenses and other rights, or for the provision of training and
technical assistance and also for the transfer of cinematographic films (whether
the latter income is received as the price, or the fee for the screening, of the
films, or under any other titles).
Who are not taxable persons in
Iran? |
The following persons shall not be
subject to taxes provided in this Act:
(1) government ministries and
institutions;
(2) institutions whose budgets are
financed by the government; and
(3)
municipalities.
Note 1: The companies whose capital
is entirely or partially owned by the persons and institutions mentioned in the
above paragraphs, shall not be subject to the provisions of this Article in
respect of .that portion of their income or profit which belongs to those
persons and institutions. The rule of this Note shall not prevent such companies
from enjoying the exemptions provided in this Act, in case of being
applicable.
Note 2: The income from economic
activities such as industrial, mining and commercial operations, services and
other producing activities -that may be derived by the persons subject to this
article through non-company channels as well- will be taxed, separately for each
case, at the rate of the Article 105 hereof.
In such cases those responsible for
administration of the relevant affairs are obligated to discharge their duties
under the present Act with regard to the share of income attributable to the
aforesaid activities. Otherwise, such persons and respective taxpayers shall
have joint and several liabilities for the payment of the applicable
taxes.
Note 3: Whenever the tax exemption
referred to in this article pertains to cases for which some authorization from
Hazrat Imam Khomeini (upon him be the grace of God) or the High Spiritual Leader
does exist, the relevant cases shall be treated according to the view of High
Spiritual Leadership.
What are the various types of
direct taxes? |
According to the direct taxes act
amendments up to Feb.2002 all various types of direct taxes
are:
Property taxes (inheritance tax,
Stamp duty), income tax (Real state income tax, tax on income from agriculture,
tax in salary income, tax on business income, tax on the income of juridical
persons, tax on incidental income and tax on aggregate
income).
What are miscellaneous
provisions? |
According to
the article 132 to 146 of direct taxes act:
80% of the income from producing and
mining activities, which is derived and declared by producing and mining
enterprises of cooperative or private sectors for whom exploitation licenses are
issued, or with whom extraction and sale contracts are concluded, from the
beginning of the year 1381* onwards by relevant ministries, shall be exempt from
the tax set forth in the Article 105 hereof for a term of 4 years beginning from
the date of exploitation or extraction. As regards the less developed regions,
the exemption shall apply to 100% of the income for a term of 10
years.
Note 1: The list of less developed
regions shall be prepared by the State Organization of Management and Planning
and ministries of Economic Affairs and Finance and Industries and Mines, and
will be approved by the Council of Ministers, for the rest of the term of the
third economic, social and cultural development plan of the Islamic Republic of
Iran, and also at the beginning of the term of each of the forthcoming
development plans.
Note 2: The exemption provided under
this Article shall not apply to the income of producing and mining units
established within a 120-kilometer radius from the center of Tehran or within
50-kilometer radius from the center of Isfahan and also within a 30-kilometers
radius from the administrative centers of provinces and cities with a population
of more than 300,000, according to the latest census, except for industrial
townships established within the same 30kilomenres radius from the latter
province centers and cities.
Note 3: All enterprises for internal
and international tourism that hold exploitation permit from the Ministry of
Culture and Islamic Guidance shall enjoy an annual exemption with regard to 50%
of their applicable taxes.
Note 4: The rules for determining
the date of commencement of exploitation of exempt enterprises subject to this
article, and also for determination of the confines referred to in the Note 2
above, will be specified and declared by the ministries of Economic Affairs and
Finance and Industries and Mines.
100% of the income derived by rural,
tribal, agricultural, fishermen, workers, employees, students and pupils
cooperative societies and their unions shall be exempt from
taxation.
|
Are there safeguards
against being re-taxed in the Law of Direct
Taxation? |
In Order to prevent double taxation,
the government of Iran has signed agreements with a
twenty six states as follow:
Germany, France, Armenia, Oman,
Turkmenistan, South Africa, Syria, Ukraine, Kazakhstan, Georgia, Bosnia
Herzegovina, Lebanon, Sir Lanka, Qatar, Pakistan, Russia, Switzerland, Austria,
Turkey, China, Jordan, Croatia, Malaysia, Uzbekistan,
Kirkhizestan.
|
How is the foreigners'
taxes calculated according article (88) of direct
taxes? |
Whenever the salary is received from
the persons who reside abroad and have no branches or representatives in Iran,
the salary receivers are required to pay, in accordance with the provisions of
this chapter and within thirty days from the date of receiving of such salary,
the tax applicable thereon to the tax affairs office of the district where they
are domiciled. They are also obligated to submit, up to the end of the month
Tir* of the next year, a tax return on the salary received by them to the same
tax affairs office.
But if the foreigners don't have
legal ledgers the tax state organization calculate their tax according
Regulation No. 2726 dated 6/11/1377 (January 25.1999) provides certain arbitrary
monthly salaries for different positions of individuals segregated by
nationality. The practice of the ministry assumes the rated specified in this
regulation as the minimum monthly income for the individual concerned. The rates
are as follows: (All figures are in USD)
|
Work |
Nationality |
|
West Europe,
USA,
Canada,
Japan and
Brazil |
S. Korea, Malaysia, Australia,
New Zealand & Latin America |
Russia, East
Europe, CIS countries |
Turkey, South
Africa, Gulf
countries |
India, Pakistan, Egypt and Libya |
Bangladesh, Iraq and Afghanistan |
African Countries and other
countries |
|
Managing
director |
7,000 |
4,900 |
3,220 |
4,200 |
2,800 |
2,100 |
2,450 |
|
Branch
manager |
7,000 |
4,900 |
3,220 |
4,200 |
2,800 |
2,100 |
2,250 |
|
Vice
president |
6,000 |
4,200 |
2,760 |
3,600 |
2,400 |
1,800 |
2,100 |
|
Senior
Expert/Technician |
5,000 |
3,500 |
2,300 |
2,000 |
2,000 |
1,500 |
1,250 |
|
Experienced Technician &
Experienced foreman |
4,000 |
2,800 |
1,840 |
2,400 |
1,600 |
1,200 |
1,200 |
|
Experienced worker and
Technician |
3,000 |
2,100 |
1,280 |
1,
|
1,200 |
900 |
1,050 |
|
Simple
worker |
2,500 |
1,750 |
1,150 |
1,500 |
* |
* |
* |
|
What is comparative table
between Iranian & Foreigner
calendar? |
Iranian solar year begins at the
first equinox and divides into 12 months. The first (6) months are 31 days long
and the next 5 months are of 30 days each. The last month of the year has 29
days in ordinary years and 30 days in leap years. The following table shows the
names and duration of Iranian months and their correspondence to the months of
the Gregorian calendar.
|
ending
at |
beginning
at |
number of
days |
Months |
|
April
20 |
March
21 |
31 |
Farvardin |
|
May
21 |
April
21 |
31 |
Ordibehesht |
|
June
21 |
May
22 |
31 |
Khordad |
|
July
22 |
June
22 |
31 |
Tir |
|
August
22 |
July
23 |
31 |
Mordad |
|
September
22 |
August
23 |
31 |
Shahrivar |
|
October
22 |
September
23 |
30 |
Mehr |
|
November
21 |
October
23 |
30 |
Aban |
|
December
21 |
November
22 |
30 |
Azar |
|
January
20 |
December
22 |
30 |
Day |
|
February
19 |
January
21 |
30 |
Bahman |
|
March
2O** |
February
20 |
29* |
Esfand |
*30 days in Iranian
leap years
**March 19 in
Gregorian leap years
|
How are different taxes
calculated according to article 105 of direct taxes
act? |
The aggregate income of companies,
and also the income from the profit-making activities of other juridical
persons, derived from different sources in Iran or abroad,
less the losses resulting from non-exempt sources and minus the prescribed
exemptions, shall be taxed at the flat rate of 25%, except the cases for which
separate rates are provided under the present Act.
Note 1: with regard to the Iranian
noncommercial juridical persons that are not established for distribution of
profits, should they engage in profit-making activities, the total taxable
income derived from such activities shall be taxed at the rate set forth in the
present Article.
Note 2: Foreign juridical persons
and entities residing abroad, except those subject to the Note 5 of the Article
109 or Article 113 hereof, shall be taxed at the rate set forth in this Article
in respect of the aggregate taxable income derived from the operation of their
investment in Iran or from the activities performed by them, directly or through
the agencies like branches, representatives, agents and the like, in Iran, and
also with regard to the income received by such persons and entities from Iran
for granting of licenses and other rights, or for transfer of technology or
provision of training and technical assistance and cinematographic films. The
representatives of such foreign persons and enterprises in Iran shall be
subject to taxation, according to the provisions of this Act, with respect to
the income they may earn under any titles in their own
account.
Note 3: At the time of computation
of the income tax of juridical persons, whether Iranian or foreign, the pre-paid
taxes shall be deducted from the applicable tax according to the pertinent
regulations, and any overpaid amount shall be refundable.
Note 4: The persons, whether real or
juridical, shall not be subject to any other taxes on the dividends or
partnership profits they may receive from the capital recipient
companies*.
Note 5: In cases where according to
the enacted law some payments other. than income tax are to be collected on
basis of taxable income, the tax of relevant taxpayers shall be computed at
prescribed rates after deduction of such non-tax charges.
|
How are foreign companies'
taxes calculated according to article (107) of direct taxes
act? |
The taxable income of foreign
juridical persons and enterprises residing abroad shall be assessed as
follows:
(a) In case of contracting business
in Iran with regard to all types of work in the fields of construction,
installations and technical installations, including procurement and setting up
of the same, and also in the fields of transportation, preparation of design for
buildings and installations, topography, drawing, supervision and technical
calculations, provision of training and technical assistance, transfer of
technology and other services, the taxable income in all cases will be 12% of
total annual receipts.
(b) In case of income derived from Iran
for granting of licenses and other rights or transfer of cinematographic films,
whether the latter income is received as the price or the fee for the screening
of the films, or under any other titles, the taxable income shall consist of 20%
to 40% of all payments received by them during a tax year. The applicable
coefficients for determination of taxable income in each of the cases mentioned
in this paragraph shall be determined on basis of the proposal of the Ministry
of Economic Affairs and Finance and approval of the Council of
Ministers.
Those making the said payments or
the payments mentioned in the paragraph "an of this article, shall be required
to withhold, from each payment, the applicable tax by taking into account the
total payments made from the beginning of the year up to the date of each
relevant payment. They should remit the withheld amounts, within ten days, to
the tax affairs office local to their residence. Otherwise, the receivers shall
be jointly and severally liable for payment of the basic tax and other payments
related thereto.
(c) As for the operation of capital
and other activities performed by the aforesaid legal persons and enterprises in
Iran through the agencies such as branches, representatives, agents and the
like, the regulations of the Article 106 of this Act shall
apply.
Note 1: In cases where the contract
operations subject to paragraphs (a) and (b) of this article are wholly or
partly assigned to Iranian legal entities as contractors, those making payments
to such Iranian contractors should withhold 2.5% of each payment as their on
account tax and remit it, within thirty days from the date of payment, to the
account to be determined by the State Organization of Tax
Affairs.
Note 2: If the relevant employer of
the contract subject to the paragraph (a) of this article is a ministry, a
government institution, a state company or a municipality, then that part of the
contract price which is used for purchase of supplies and equipment from
domestic or foreign sources shall be exempt from taxation, provided the amounts
relevant to those supplies and equipment are included, apart from other items,
in the contract or in its further amendments or
supplements.
Note 3: Branches and agents of
foreign companies and banks in Iran that are engaged in gathering information or
finding markets in Iran for their parent entities, without having the right to
make transactions, and receive remuneration from them against their
expenditures, shall not be subject to taxation in respect of such
remuneration.
Note 4: In cases where foreign
contractors assign, wholly or partly, the contract subject to the paragraph (a)
of this article to Iranian legal entities as subcontractors, any part of the
receipts of the main contractor in respect of the supplies and equipment that
are mentioned in the first hand contract but purchased by the subcontractor,
will be exempt from taxation.
Note 5: The taxable income of the
activities subject to the paragraph (a) of the Article 107 hereof, the contracts
of which will be concluded from the beginning of the year 1382* onwards, shall
be assessed according to the regulations of the Article 106 of this Act. The
rule of this Note shall not apply to the remaining part of the activities of the
contracts concluded before the year 1382*.
Important note:
non-residing foreign juridical persons (article (5) above) have not legal ledger
(non-registered branch in Iran) they include article (104) and
the rate of with holding tax is 5%.
|
What are the rates of
income tax from real persons in direct taxes
act? |
According to
article (13) of direct taxes act the rates of income tax of real persons, except
where separate rates are provided under the present act, shall be as
follows:
|
of the excess
over |
Rates |
Annual taxable
income |
|
--- |
15% |
30,000,000 |
IRR |
up
to |
|
IRR
30,000,000 |
20% |
100,000,000 |
IRR |
up
to |
|
IRR
100,000,000 |
25% |
250,000,000 |
IRR |
up
to |
|
IRR
250,000,000 |
30% |
1,000,000,000 |
IRR |
up
to |
|
IRR
1,000,000,000 |
35% |
1,000,000,000 |
IRR |
over |
|
How is the tax
situation in Iran Free
Trade- industrial Zones in Iran? |
According to
Article (13) of the Law Concerning the Manner of Administering the Free Trade
Industrial Zone of the Islamic Republic of Iran, natural persons and legal
entities economically active in such areas, are exempt from payment of direct
income tax for a period of 15 years, from the date of operation as stated in
their license.
|
What are the legal
facilities for investment at free trade & industrial zones of
Iran (Kish, Qeshm,
Chahbahar, Jolfa, Anzali, Abadan &
Khoramshahr? |
o
Unlimited
foreign & domestic participation for investment as desired
o
Simplified
& suitable work procedures
o
Full guarantee
for foreign investment & accrued benefits
o
Free movement
of capital
o
Minimal
administrative formalities for the foreigners . Issuing visa for foreign
nationals upon their arrival at the airport
o
15 years tax
exemption for economic activities
o
Customs duties
and commercial charges exemptions for import of raw materials and machineries
used in production of goods in the zone
o
Sale and lease of
land for domestic investors and lease of land for foreign in investors
o
Favorable
conditions for foreign and domestic banking operations
o
Customs duties
exemption for the import of goods into the country , made in the free zone based
on the added value obtained
o
Possibility of
100% foreign ownership
o
Protection of
registered trade marks and intellectual property rights
o
Active
management support
o
Availability of
qualified manpower
Other
Advantages
Kish Island has a moderate climate for 8 months
of year. Sightseeing, coastal scenery, recreational and water sports facilities
are among a number of attractions, which have made Kish an appropriate place
for tourism expansion.
|
Law Permitting
Registration of Branches or Representative Offices of Foreign
Companies |
Official
Gazette No. 15384, dated 17.12.1997 (26.9.1376)
Letter No. Gh-
1592, dated 25.11.1997 (4.9.1376)
Sole Article-
The foreign companies which are being considered to be legal corporate bodies in
their country of registration, in case of reciprocal treatment by the country
governing the said companies, may register their branches or representative
offices to carry out businesses determined by the Government of Islamic Republic
of Iran within the framework of the prevailing laws and
regulations.
Note: The
executive regulations of this Law shall be drawn up by the Ministry of Economy
and Finance through coordination with other authorities concerned and shall be
presented to the Council of Ministers for approval.
The above Law,
comprising a Sole Article and one Note was approved by the ICA in the open session of
Wednesday November 12, 1997 and was confirmed by the Guardians Council on
November 19, 1997.
The Executive
By- Laws of the Law Authorizing Registration of Branches or Representative
Offices of Foreign Companies in Iran
The Council of
Ministers, in the course of a meeting held on March 31, 1999 (11.1.1378)
pursuant to a proposal by the Ministry of Economy and Finance and in compliance
with the Note appended to the Single Article of the Law ratified in 1997
authorizing registration of branches of representative offices of foreign
companies (in Iran), approved the Executive By- laws of the said Law as
follows:
Article 1: A
foreign company which is known and admitted as a legal company in the country of
registration shall be authorized to have its branch or representative office
registered in Iran for the activities listed below, by observing the principle
of reciprocal action and also with due regard to the requirements intended
herein, as well as the other pertinent regulations:
1.
After- sale
services for goods and services supplied by the foreign
company.
2.
Executive works
of the contracts signed between Iranian and foreign
companies.
3.
Review and
preparation of grounds for investment by foreign company in Iran.
4.
Cooperation
with technical and engineering companies in Iran, for
performance of works in a third country.
5.
Promotion of
Iranian non-oil exports.
6.
Technical and
engineering services and transfer of technology and technical know- how to
Iran.
7.
Activities
legally licensed by Iranian government authorities which are duly authorized to
issue such permits, in such areas as transportation, insurance, goods
inspection, banking, marketing and the like.
Article 2: A
branch office of a foreign company shall be the local office of the principle
company, which directly functions and attends to business within the objectives
and duties undertaken by the principle company. Therefore, and business activity
by such branch office shall be in the name and under the responsibility of the
principle office of the company.
Article 3: A
foreign company wishing to have registered its branch office in
Iran shall provide the Registrar of
Companies and Industrial Ownership, with the following information and
documents, to be submitted along with a written
application:
1.
Company's
article of association, notice of incorporation, and the last change(s)
registered with competent authorities.
2.
The last
confirmed fiscal report of the company.
3.
A feasibility
report containing information on the company's activities, by mentioning the
reason(s) for registering the branch office in Iran, nature and scope of its
authorities and area of activities, as well as the number of Iranian and foreign
manpower needed for such activities and the intended source of Rial and foreign
currency supply.
Article 4: The
representative of a foreign company shall be a natural person or legal entity
who, by signing a contract, undertakes the performance in Iran of a
certain part of the duties of the head office.
Article 5:
Iranian natural persons and juridical entities applying for registration of
agent office of a foreign company in Iran shall submit, along with a
written application, a Persian translation of the original copies of the
following documents. to Register of Companies and Industrial
Ownership:
1-
Attested
Photostat of the contract to in
Article 4 above.
2-
Identity papers
of the applicant; for natural persons, a Photostat of their birth certificate
together with their legal address, and for juridical entitles, the company's
articles of association and the last change(s) made in the company registered
with the competent authorities.
3-
A profile of
the Applicant's previous business activities, relative to the area(s) of
activities intended for the contract signed for registering the representative
office in Iran.
4-
The articles of
association of the foreign company, notice of establishment and the last
change(s) made in the company registered with the competent
authorities.
5-
A report on the
foreign company's activities, by mentioning the reason (s) for establishing the
branch office in Iran.
6-
The last
confirmed fiscal report of the foreign company, which intends to open its agent
office in Iran.
7-
A letter of
introduction from the ministry concerned.
Article 6:
Those whose license of activity shall be revoked by the competent authorities
shall take the necessary actions through Registrar of Companies & Industrial
Ownership, for winding up their branch or representative office, within the
period specified for the same purpose.
Note: The
companies whose license of activity shall not be extended will be given a period
of 6 months to wind up the registered company and proceed with
liquidation.
Article 7: The
branch office of a foreign company registered and working in Iran
shall submit every year to the authorities concerned, a report on their
principle company, including their annual fiscal report audities by independent
auditors in the country of origin.
Article 8:
Natural persons and juridical entities falling under the requirements hereof
shall be required to submit a report on their branch office activities in Iran
together with audited account statements, within four (4) months starting the
end of each fiscal year. As long as the Executive Regulations of Note (4) to the
Single Article of the Law approved in 1992, for using the services of
specialized and professional accountants known as "Official Accountants" are not
ratified, the intended auditing may be handled by accounting organizations and
auditing firms whose partners being natural persons are acceptable to the
supervisory office of the State Auditn Organization.
Article 9: The
branch or representative office of a foreign company registered in
Iran pursuant to the
regulations set forth herein be operated by one or more natural persons residing
in Iran.
Article 10: To
enable foreign companies to fully enjoy the benefits and advantages foreseen by
this present Regulation and to perpetuate their activities in Iran, foreign
companies already operational in Iran prior to the date of entry into force of
this Decree, shall be are required to provide the authorities concerned with
documents and information required pursuant to Articles 3 and 5 above, and also
take the necessary steps for adjusting their statues to the requirements set
forth by this regulation.
|
Which documents are required
to register branch in Iran? |
The applicants
of establishment of a branch in Iran need to submit the following documents to
the Company's Registrar in Iran:
1.
A written
application by the company;
2.
Notarized
certified copies of the company's Articles of Association, certificate of
incorporation, and latest changes thereto advise to the competent
authorities.
3.
A report
containing:
a) Information
pertaining to the activities of the company.
b)
Justification
and the need for the establishment of a branch in Iran;
c)
Nature and
scope of the authorities given to the branch and the object of the
branch;
d)
An estimate of
human resources required, segregated between Iranian and expatriate employees;
e)
The manner by
which the local requirements of the branch (foreign currency and Rials) are
funded.
4.
A letter from a
government agency in the event that the company has concluded a contract with
that agency;
5.
Registration
declaration for the branch. This
will be completed by us and forwarded to you for execution;
6.
A letter of
authority authorizing the branch manager to act on behalf of the foreign
company;
7.
A letter of
commitment executed by the local representative undertaking to proceed to
liquidate the branch in the event the activities of the branch are terminated by
the Iranian competent authorities;
8.
Notarized
certified lost audit report & financial
statements
Kindly note
that any of the documents set out above which are prepared outside Iran must be
certified by the competent authorities and confirmed by the foreign ministry and
notarized by the Iranian Consulate in that Country. The above documents must be translated
into Farsi and the English originals as well as the translated versions must be
submitted to the Company's Registrar.
|
Which companies should be
audited in Iran? |
According to
the Law on the Use of Iranian Association of Certified Public Accountants
(IACPA) ratified on 11.01.1994 and the Amendment made by the Islamic
Consultative Assembly in the said Law on
16.02.1994 as well as Article 2 of the Executive Regulation of Note 4 of
the above Law ratified in the form of a decree by the Council of Ministers on
03.09.2000, the following taxpayers are under the obligation to appoint the
statutory "Inspectors" of their companies from among the auditing firms being
members of the IACPA. Appointment may be made from among natural persons
accepted as official accountants by IACPA by taxpayers mentioned in Sub-clause
"f" below, only:
a. Companies accepted by or applying
for acceptance by the Stock and Negotiable Instruments Exchange as well as the
companies affiliated to the said companies.
a.
Public joint
stock companies as well as their subsidiary and affiliate
companies.
b.
The companies
described in Sub-clauses (a) and (b) of Article (7) of the Audit Organization in
due compliance with the procedure set forth in Note (1) of Article 132 of the
Iranian Certified Public Accounts Law.
c.
Branches and
representative offices of foreign companies which are registered in Iran
pursuant to the permission granted under the Law Authorizing Registration of
Branches and Representative Offices of Foreign Companies, ratified 1997 (Liaison
offices excluded).
d.
Non- government
public entities, foundations, companies, and organizations and the entities
affiliated thereto.
e.
Other natural
persons and legal entities whose aggregate turn-over (sale of commodities or
services and aggregate income in respect of contractors made and signed by them)
shall not exceed eight billion Rials or whose total assets shall not exceed
sixteen billion Rials.
According to
Article (2) of the above Executive Regulation, the financial statements of the
persons and entities mentioned in the above sub-clauses being devoid of a
confirmatory audit report by firms of auditors being members of IACPA or
official accountants acceptable to IACPA may not be acceptable to the
ministries, government organizations and companies, banks and insurance
companies, non bank credit institutes, the Organization of Stock and Negotiable
Instruments Exchange and non government public foundations and institutes. No
such statements may be used as evidence in favour of the said persons and
entities.
According to
Article (272) of the Direct Taxation Act as Amended on 16.02.2002 by the Islamic
Consultative Assembly, those who are in charge of accounting works or carry out
the duties of statutory inspectors of the taxpayers mentioned in the above
sub-clauses shall be under the obligation to submit an audit report on the
activities of the said taxpayers and submit same to the taxpayer for submission
to the Tax Department concerned in case of a request by the taxpayers in this
regard. In such case, the Tax Department concerned shall be bound to accept the
said audit report without examination and issue a tax assessment sheet based on
the said report.
Acceptance of the audit report by
the Tax Department concerned shall be subject to submission of a tax audit
report drawn up by the same auditor who prepared the above audit report on the
basis of auditing norms and standards together with tax return or within a
maximum period of three (3) months after the date of expiry of the respite
provided for submission of returns to the Tax Department
concerned
|
How the SSO contracts are
calculated |
According to
Article (38) of Social Security Act in cases where execution of a work is
assigned to natural persons or legal entities by contract, the employer must, in
the contract which he enters into with the contractor, obligate the contractor
to insure his own employees as well as the employees of the sub-contractors with
the SSO and to pay the total premium in the manner provided for by Article 28 of
this Act.
Payment of 5
per cent of the total work value to the contractor concerned by the employer
shall be contingent upon presentation of clearance certificate issued by the
SSO. In case of contractors who, within the prescribed time, submit the payroll
sheets of their employees and pay their insurance premium to the SSO, an amount
equivalent to the premium paid shall be released, on the request of the SSO,
from the said amount.
Where an
employer pays the last installment due to the contractor without demanding from
the contractor a clearance certificate issued by the SSO, the employer shall be
held liable for paying the prescribed premium and the applicable compensation
for losses. However, the employer may demand and collect the sums paid in this
respect to the SSO from the contractor.
All ministries,
government organizations and companies as well as municipalities, chambers of
guilds, non-government organizations and charitable and public utility
organizations shall be covered by the provisions of this Article.
The Note annexed to Article 38 of
the Social Security Act at a session held on 16 May, 1993 of
the Islamic Consultative
Assembly:
All employers being subject of
Article 38 of the Social Security Act as well as Article (29) of the defunct
Social Insurance Act shall be under the obligation to report to SSO the names
and particulars of all their contractors and consultants who, after one year
from the date of completion of their work or any termination, suspension or
cancellation of their contract have not yet proceeded to pay the insurance
premium due on their contract and obtain SSO clearance certificate and the
employers shall likewise pay to SSO the amount of 5% of the total contract value
and the last installment due to contractors which have been deducted from the amounts payable to the
said contractors and consultants pending submission of SSO clearance
certificate. The amount of the insurance premium shall be notified by SSO after
finalization in accordance with the Social Security Act and on the basis of a
judgment to be issued by the appellate board set forth under Article 44 of this
Act. The respite provided for clients to pay the requested sum shall be a
maximum of 25 days.
|
Executive Regulation
Pertaining to the Note to Article 38 of the Social Security Act-Ratified
in 1975 |
Article 1-
All natural persons and legal entities subject of Article 38 of the
Social Security Act and Article 29 of the Social Insurance Act must pay all
social security organization's (referred to as SSO hereinafter) claims from
contractors/consulting engineers in accordance with the provisions of the single
Article Law for annexation of one note to Article 38 of the Social Security Act
ratified on May 16, 1993, out of the 5% withholdings from the total payments
made to contractors concerned plus the withheld sum of the contractor's final
statement should the SSO request them.
Article 2- All
employers subject hereof must submit the full list of contracts described in
Article one above (whose date of
finishing, suspension or revocation of contract has passed one year) by
clarifying the number and date of contract, particulars of the
contractor/consulting engineer to the SSO and cooperate with the SSO by
declaring the total contract's value (both foreign and I.R. Rails portions), the
total amount of withholdings kept by the employer which includes the 5% deducted
from each payment made to the contractor
plus the withholding of the contractor's final statement/installment
subject of Article (38) of the Social Security Act and Article (29) of the
Social Insurance Act and all other withholdings made until the date of
completion, suspension or revocation of contract, the place of execution of the
works being subject of the contract and furnishing a brief summary regarding the
subject of contract, how the materials consumed for the contract was procured
(undertaken by the employer, the contractor or by both) and the last known legal
address of the contractor/consulting engineer. For contracts which end after the
date hereof or are suspended or revoked, if account settlement certificates are
not presented by the contractor (to employers) within one year from the
finishing/suspension/revocation date of the contract the employers are required
to inform the SSO regarding the issue within one
month.
Article 3- The
SSO shall be required to act expressly in one of the following manners regarding
contracts subject of Article 1 above:
a.
For contracts
whose insurance premiums have been finalized in accordance with the law and
based on verdicts issued by the examining board mentioned in Article 44 of the
Social Security Act, the contractors/consulting engineers must be informed of
the outstanding insurance premium (debt) by serving official notifications on
them and if they fail to pay the required amount to the SSO within a maximum of
20 days from the date of notification, the SSO will then be allowed to inform
the employer of the case in writing and claim the debt from the employer
concerned.
b.
For contracts
whose collectable insurance premium has not been finalized, the provisions of
clause A above must be complied with, only after finalization of the
matter.
Article 4- The
employers are required to pay all the finalized debts the amount of which shall
be declared to them by the SSO subject of Article 3 hereof pertaining to their
contractors/consulting engineers within a maximum of 25 days from the date the
respective notification will be served on them out of the 5% withholdings and
the outstanding last statement/installment, subject of Articles 38 of the Social
Security Act and Article 29 of the Social Insurance Act solely by paying the
requested sum into the account of the SSO.
Article 5- The
SSO shall be authorized to refer to employers and review the contract documents
in order to obtain information regarding contracts, and the employers are
required to cooperate with the SSO regarding putting the documents required at
the SSO disposal.
Annexation of one note to
Article 38 of the Social Security Act
Ratified
in 1975
Date: June 11,
1993
Ref.
No.:
Sole Article-
The following note will be annexed to Article 38 of the Social Security Act
ratified in July 1975.
Note- All
employers subject of the provisions of this Article and the provisions of
Article 29 of the Social Insurance Act must pay the claims of Social Security
Organization from contractors/consulting engineers which a minimum of one year
has lapsed since the date of the
completion, suspension and/or revocation and in the mean time they have failed
to refer either for payment of their SSO insurance premium pertaining to their
employees employed for the contract or for presentation of account settlement
certificate issued by the Social Security Organization out of the 5%
withholdings and non payment of the contractor's final statement. The employers
are also required to declare the full particulars of any such
contractors/consulting engineers to the SSO.
The exact
amount of insurance premium will be advised by the Social Security Organization
after finalization, in accordance with the law and based on the verdict issued
by the examining board subject of Article 44 of the Social Security Act and
notification served on the contractor for payment of outstanding debt within 20
days from the date of
notification.
The procedure
for implementing the above Note will be in accordance with instructions to be
drawn up by the Social Security Organization which shall be subsequently
ratified/approved by the cabinet.
The above law,
including one single article and one note was approved in the public session of
the Islamic parliament held on Sunday May 16th 1993 and subsequently
ratified by the Guardian Council on May 19th
1993.
B-How is SSO to Buy and
Sale
Contracts |
Contracts
related to buying and selling commodities, materials and equipment whereby there
will be no need to perform any work and the contract is solely limited to buying
or selling, shall not be subject to deduction of insurance premium and issuance
of a clearance certificate without collecting the premium shall be
permissible. Also, in respect of
contracts on hiring various types of machinery and automobiles, if the vehicles
applicable.
|
How contracts are calculated
with new regulation of SSO office? |
In accordance
with the Decrees made on 13 April, 1991 and 28 Nov., 1994 (addenda No. 4 and 5)
by the Social Security High Council, some similar wage coefficients have been
determined in respect of both development projects and non-development projects.
Such ruling has much facilitated the collection of premium and issuance of
clearance certificate. On the basis of a decree passed on 13 April, 1991, the
insurance premiums payable for
contract works and consulting engineers agreements, as regards the obligations undertaken by the
parties and the manner of executing the work, shall be calculated in the
following manner after the above date:
The insurance
Premium of those contracts for the execution of which, the contractor concerned
undertakes to supply and purchase at his own expense, the whole required
materials or the required computers and business machines in respect of which
the works are required to be carried out by machines, shall be 7% of the total gross turnover (subject of
Article 2 of the Decree dated 13 April, 1991)
(7%
× total gross turnover = insurance premium)
+
(one ninth
(1/9) × original premium = unemployment
insurance)
The insurance
premium in respect of manual works and service agreements which require to be
carried out by hiring personnel shall be 15 per cent of total gross
turnover.
(15% total
gross value of work = insurance premium) +
(one ninth
× original premium = unemployment
insurance)
In cases where
supply of a part of materials is undertaken by and purchased by the contractor
at his own expense and a part of which is undertaken by the client who
assigned the works, the value of
materials put at the disposal of the contractor shall be added to the total
gross turnover and then the premium is calculated in accordance with Clause
3-1.
Price of
equipment imported from outside the country and purchased by the contractors through
opening letters of credit, are not subject to deduction of premium. Also, price
of exclusive and special materials, elevators and installations, machinery and
steel in steel structure works contracts the provision of which are the
responsibility of clients, fabrics in contracts of sewing, asphalt in contracts
of road making and asphalt works, moqette, floor covering and cabinets in cases
where they are supplied by the employer and delivered to the contractor free of
charge, shall not be deemed as
assigning materials and their prices shall not be added to the total
turnover.
In cases where
the subject of contract is offering services and the type of work requires that
a part of work shall be carried out mechanically (with mechanical tools and
machinery belonging to the contractor) and a part be carried out manually, the
premium of the part (per cent) done mechanically shall be computed on the basis
of 7% and the percentage of the works done manually on the basis of
15%.
Note: Should
the mechanical tools and equipment be supplied by the client and given to the
contractor without receiving any fee, with regard to the fact that work is done
on wage basis, the pertinent premium shall be computed in accordance with
Article 1 of the Decree dated 13 April, 1991 i.e. on the basis of
15%.
According to
Note 6 of the Decree dated 13 April, 1991,
the insurance premiums payable by the contractors and consultant
engineers who are parties to the contracts entered into with Housing Foundation
of Islamic Revolution, shall be 1% less than the amounts mentioned in Articles 1
and 2 of the said Decree i.e. 14% and 6% shall be considered as the insurance
premium plus 1/9 of it as unemployment premium.
In cases where
the supply, design and purchase of
equipment will be carried out outside Iran and paid for by letters of credit
and only the assembly works will be
rendered in Iran, if the project operations include assembly works and
construction works and other relevant operations under the condition that all
required materials shall be procured by the contractor, the insurance premium
shall be calculated on the basis of 7%
of the turnover for works inside Iran, and if the project operations are
limited only to installation of equipment, with a view to the manner of
executing the work (mechanical or non-mechanical and/or both mechanical and
manually), the relevant premium shall be computed, as the case may be, according to Articles 1 and 2 of the
Decree dated 13 April, 1991 as mentioned above.
In cases where
the main contractor assigns, through a
contract ,a part of project operations to sub-contractors, the insurance
premium of the sub-contractors shall also be computed and collected with respect
to the parties' obligations set forth under the contract according to the
regulations. At the time of computing the premium of main contractor, an amount
equivalent to the total turnover of sub-contractor shall be deduced from the
total turnover of main contractor.
|
Iranian Labor Law and
Employment of Foreign
Citizens |
Employment of
foreign nationals in Iran is only possible within the
framework of the provisions stipulated in the Labour Law of the Islamic Republic
of Iran. The general policy of the country is aimed at meeting its Labour
requirements and implementing its industrial and development projects through
Iranian manpower as much as possible. However, employment of foreign manpower
when there is an immediate need for their expertise is not ruled
out.
According to
Article 120 of the Labour Law, approved on November 20, 1990, foreign nationals
are not allowed to work in Iran unless they are provided with an
entry visa with the right to engage in specific work, and secondly, they receive
work permit according to relevant laws and by-laws.
Obviously,
foreign nationals who are exclusively on diplomatic and consular missions, as
well as the staff and experts of the United Nations and its affiliated
organizations, correspondents of foreign news agencies and press, are exempted
from such regulations on the condition of reciprocity.
Ministry of
Labour and Social Affairs shall approve the issue of a visa for a specific type
of occupation for foreign nationals and work permit for them while taking
certain conditions into consideration:
Work permits
would be issued, extended or renewed for a period of one year.
When the
interests of the industries of the country necessitate the immediate employment
of a foreign national, the minister of the relevant ministry may report the case
to the Minister of Labour and Social Affairs and upon the approval of the
latter, a temporary work permit shall be issued for the foreign national without
observing the relevant formalities for the issuance of a visa with right to
engage in specific work. The temporary work permit would be valid for a maximum
period of three months and its extension would be subject to the approval of the
technical board in charge of the occupation of foreign
nationals.
Prior to the
conclusion of any contract through which foreign experts would b employed,
employers are bound to inquire about the views of the Ministry of Labour and
Social Affairs on the possibility for the said foreign
nationals.
The Ministry of
Labour and Social Affairs is authorized to take measures for the nullification
of the work permit for those foreign nationals who do not observe Islamic
principles, current laws and regulations of the country and humanitarian
relations, as declared by the competent authorities.
Employers who
hire foreign nationals whose work permits have been expired or have no work
permit, or employ them in jobs other than those stipulated in their work
permits, or do not notify the Ministry of Labour and Social Affairs about cases
where the employment agreement between them and foreign nationals is terminated,
shall be sentenced to prison terms ranging from 91 to 180 days. The court
usually changes the jail punishment into cash penalty.
|
Some
important related articles of the Iranian Labor
Law |
Article 120:
Foreign citizens shall not be employed to work in Iran unless they
have an entry visa entitling them to specified work and have obtained a work
permit in accordance with the relevant statutory regulations.
Note:
The following foreign citizens are not subject to the provisions of Article
120:
(a) Foreign citizens exclusively employed by diplomatic and consular
missions, subject to confirmation by the Ministry of Foreign Affairs;
(b) The
personnel and experts of the United Nations and its specialized agencies,
subject to confirmation by the Ministry of Foreign Affairs;
(c) The
correspondents of foreign news agencies and press, subject to reciprocity and by
the confirmation of the Ministry of Culture and Islamic Guidance.
Article
121: In accordance with the conditions stipulated here below, the Ministry of
Labor and Social Affairs agrees to issuing an entry visa for the foreign citizen
entitling him/her to an specified work, and shall issue the work permit:
(a)
according to the information kept in the Ministry of Labor and Social Affairs,
there are no qualified applicants with similar education and specialization
among the work-seeking Iranian citizens.
(b) the foreign citizen possesses
sufficient knowledge and expertise for the job in question.
(c) the expertise
of the foreign citizen is further used to train Iranians with a view to the
subsequent substitution of the foreign citizen by a trained Iranian.
Note:
The Technical Board for Employment shall decide whether the conditions
specified in this section are fulfilled. The rules governing the number of
members of the Board, the conditions for their selection and the procedure for
holding the sessions of the Board shall be drawn up by the Ministry of Labor and
Social Affairs, and approved by the Council of Ministers.
Article 122:
The Ministry of Labor and Social Affairs may issue, extend or renew the work
permit of:
(a) a foreign citizen who has continuously resided in Iran for at
least ten years;
(b) a foreign citizen married to an Iranian;
(c)
immigrants from foreign countries, particularly the Islamic ones, and political
refugees, provided that they have a valid immigration or refugee card, and
subject to the written agreement of the Ministry of the Interior and the
Ministry of Foreign Affairs;
Article 123: The Ministry of Labor and
Social Affairs may, if necessary and/or subject to reciprocity, exempt the
citizens of certain countries and stateless persons (provided that their status
is not optional and voluntary) from payment of the fee for a work permit or for
the extension and renewal thereof, subject to confirmation by the Ministry of
Foreign Affairs and approval by the council of ministers.
Article 124: In
accordance with the provisions of this Code, a work permit shall be issued,
extended or renewed for a maximum period of one year.
Article 125: Where,
whatever the circumstances, an employment relationship between a foreign citizen
and an employer is discontinued, the employer shall notify the Ministry of Labor
and Social affairs thereof within 15 days. The foreign citizen shall within 15
days surrender his work permit to the said Ministry against a receipt. If
necessary, the Ministry shall request the appropriate authorities to expel the
foreign citizen from the country.
Article 126: Where it is considered
contingent to recruit a foreign citizen urgently on an exceptional basis because
of the needs of the industry of the country, the minister concerned shall notify
the Ministry of Labor and Social Affairs accordingly and, subject to the
approval of the Minister of Labor and Social Affairs, a provisional work permit
shall be issued to the foreign citizen concerned, without compliance with the
formalities normally required for the issuance of a visa entitling the bearer to
specified work.
Note: A provisional work permit shall be valid for
three months at the most, any extension thereof being subject to confirmation by
the Technical Board for the Employment of Foreign Citizens.
Article 127:
The conditions of employment of foreign technical experts and specialists needed
by the Government shall be drawn up with due regard to their nationalities,
length of service, level of remuneration and the availability of domestic
manpower. The said conditions shall be subject to ratification by the Islamic
Consultative Assembly, following consideration and advice by the Ministry of
Labor and Social Affairs and the State Organization for Administrative and
Employment Affairs. In any case, a work permit for the employment of a foreign
expert shall be issued by the Ministry of Labor and Social Affairs only with the
approval of the Islamic Consultative Assembly.
Article 128: Prior to
signing any contract likely to entail the employment of foreign experts, an
employer shall inquire the opinion of the Ministry of Labor and Social Affairs
about the possibility for authorizing the employment of foreign
citizens.
Article 129: The regulations on the employment of foreign
citizens, including procedures for issuing, extending, renewing and canceling
work permits and conditions for the selection of the members of the Technical
Board for the Employment of Foreign citizens, as referred to in Article 121 of
this Code, shall be drawn up by the Minister of Labor and Social Affairs, and
approved by the Council of Ministers.
Article 181: Any employer who
employs a foreign citizen without a work permit, or whose work permit has
expired, or who employs a foreign citizen for work other than that specified in
his work permit, or who fails to report the discontinuation of the employment
relationship of a foreign citizen to the Ministry of Labor and Social Affairs
shall, with due regard to his situation and means and to the degree of the
offense, be subject to a term of imprisonment ranging from 91 to 180 days.
|
The Executive
Regulations of Article 129 of the Labor Law of the Islamic Republic of
Iran |
A: Manners of
Issuance, Extension, Renewal and Cancellation of Foreign Citizens' Work
Permits.
Article 1: The work permit of foreign citizens whose work visas
have been approved by the Technical Board for Employment of Foreign Citizens
mentioned in Article 121 of the Labor Law will be issued by the "Department for
Employment of Expatriates" of the Ministry of Labor and Social
Affairs.
Note 1: The issuance of work visa for foreign citizens mentioned
in the Article 122 of the Islamic Republic of Iran's Labor Law is not included
in this article and the Ministry of Labor and Social Affairs is authorized to
take direct measures in necessary cases.
Note 2: The Ministry of Labor
and Social Affairs is allowed to, in exceptional cases of article 126 of the
Islamic republic
of Iran's labor law, issue
a 3 months temporary work permit without observing the formalities related to
issuance of work visa but observing other related regulations. The extension of
the work permit of such individuals would be permitted following the
confirmation of the technical Board for Employment of Foreign
Citizens.
Article 2: Employers who use the foreign citizen's services are
obliged to present the required documents for the issuance of work permit for
the mentioned citizens to the related departments of Ministry of Labor and
Social Affairs within one month of the citizen's arrival to the country.
Otherwise, the Ministry of Labor and Social Affairs would declare the issue to
the judicial authorities according to the article 181 of the labor
law.
Article 3: Work permit for foreign technical experts and specialists
needed by the government will be issued in any case by the Department of
Employment of Expatriates after the approval of the Technical Board for
Employment of Foreign Citizens and the ratification of the Islamic Consultative
Assembly.
Article 4: Employers who use the foreign citizens' services, if
interested in extension of the foreign experts' work permit employed in their
organizations, are obliged to send the required documents along with the report
of training operations to the relevant departments of Ministry of Labor and
Social Affairs within at least one month prior to expire of their work
permits.
Article 5: The Ministry of Labor and Social Affairs can extend
the work permit of those foreign citizens mentioned in the Article 3 of this
regulation.
Note: Any increase in the projects of foreign manpower, or
changes made in the kind of specializations approved previously, should be
discussed again in the Technical Board for Employment of Foreign
Citizens.
Article 6: All the work permit extension applications for
foreign citizens employed in the private sector, in each turn of extension,
would be mentioned and decided upon in the Technical Board for Employment of
Foreign Nationals.
Article 7: Foreign citizens possessing valid work
permits whose recruitment contracts with their employers are terminated due to
any reason in conditions of change of the employer would be subjected to the
renewal of the work permit.
Article 8: The foreign citizens' work permit
in cases of change of the employer or the kind of employment, with the exception
of foreign citizens mentioned in Article 122 of the Labor Law, would be renewed
following the Technical Board for Employment of Foreign Nationals' agreement, by
the relevant departments of the Ministry of Labor and Social
Affairs.
Article 9: In cases when the employment relation of the foreign
citizen is severed with the employer, the latter is obligated to inform the
relevant departments of the Ministry of Labor and Social Affairs within 15 days
for the cancellation and filing of foreign citizens' work permit.
The
violators of this article would be subjected to the fines and penalties
mentioned in article 181 of Labor Law.
Note: The replacement of the
foreign citizen whose work permit has been cancelled is subject to the process
of issuance of a new work permit in any case.
Article 10: The Ministry of
Labor and Social Affairs is authorized to cancel the work permit of those
foreign citizens who do not observe the Islamic rules, the country's current
laws and regulations, and the standard labor relations, on the basis of reports
and declarations received from the related departments.
Note: The
Ministry of Labor and Social Affairs can, in necessary cases, request the
competent authorities to prohibit the entrance of those foreign citizens to the
country, who haven't observed the points mentioned in this article and have
offended more than twice.
Article 11: The executive procedures and
necessary documents for issuance of work visa and also for the issuance,
extension, and renewal of foreign citizens' work permits would be according to
the directions which will be proposed by the Department for Employment of
Expatriates and ratified by the Minister of Labor and Social Affairs.
B:
Technical Board for Employment of Foreign Nationals
Article 12: The
Technical Board for Employment of Foreign Citizens would consider and decide
with regards to the granting of work permit to foreign specialists according to
the following points:
1. Using accurate and up to date information about the
supply and demand of internal labor market, implementing the general policies of
employment of foreign citizens.
2. Consideration and supervision of the
implementation of general policies regarding foreign citizens' employment in the
field of overcoming the shortages of the internal labor market's requirements,
observing the laws and regulations.
3. Investigating, supervising and
following the time scheduled training program of sectors, which use foreign
citizens' services.
4. Investigation and supervision of the issue of skill
transfer to the Iranian manpower and replacing the Iranians instead of the
foreign citizens.
5. Supervision of the determination and approval of the
expertise level of foreign citizens during their work permit
validity.
Article 13: The composition of the members of Technical Board
for Employment of Foreign Citizens is as follows:
1. Two representatives from
the Ministry of Labor and Social Affairs, introduced by the Minister of Labor
and Social Affairs,
2. A
representative of the sector
using the foreign citizens' services,
3. A representative of the State
Organization for Administrative and Employment Affairs,
4. A representative
of Plan and Budget Organization.
Article 14: The meetings of Technical
Board for Employment of Foreign Citizens would be held twice a week according to
previous invitation chaired by one of the representatives of the Ministry of
Labor and Social Affairs, appointed by the Minister of Labor and Social
Affairs.
Article 15: The meetings would be in session with the
participation of at least four members and the decisions made would be valid in
case of at least 3 positive votes.
Article 16: The department for
employment of expatriates is obliged to follow the decisions made by the
technical board for employment of foreign citizens.
Article17: The
Ministry of Labor and Social Affairs can, in necessary cases, establish
Technical Boards for Employment in provinces, and entrust the whole or a part of
authorities of the Central Board to them.
Note: The composition and
manner of establishment of the Technical Board for Employment of Foreign
Citizens in provinces would be according to the directions ratified and approved
by the Ministry of Labor and Social Affairs.
Fees to Be Paid For Issue
and Extension of Work Permits
In the year 13789 (21 March 1999 - 19 March
2000), the Ministry of Labor and Social Affairs is permitted to receive 500,000
Rails for issue and 300,000 Rails for extension of the work permit of foreign
citizens. (Paragraph E of Note 7 of the National Budget of 1378).
|
Sums Receivable from
the Salary of Foreign Employees
|
The Ministry of
Labor and Social Affairs is permitted to receive 20% of the foreign employees'
salary and allowances plus the equivalent of the unemployment insurance fee paid
for the Iranian workers, from the employers in the relevant private
sector.
|
Work- related
accidents insurance for all workers, irrespective of national or
international |
According to
the convention No 19 of International Labour Organization (ILO) all countries
joined to this convention are obliged to treat with all, national or
international, workers equally in the case of work- related
accidents.
On this basis,
Social Security Organization of I.R. of Iran, has declared the procedures for
enforcement of work related accidents insurance for foreign workers from 120
countries joined to the ILO convention No (19), through admitting specific note
added to article 5 of Social Security Law.
According to
this Note, those foreign nationals who work under the S.S. Law of Iran would be
treated equally as the other insured in paying contributions and receiving
benefits. But those who are under the coverage of other countries which have
joined to ILO Convention No (19) will be protected only against work-related
accidents.
In latter case,
if any work-related accident occur to persons. Social Security Organization
would undertake the responsibility of providing the health services, as well as
the payment of wage compensation, loss of limb compensation, partial & total
disability pension and survivors pension.
According to
this note, employers of foreign nationals are obliged to deduct 3 percent of
total wages and benefits paid the person, without considering the maximum wages
subject to the contribution, and remit it to the SSO
account.
The note also emphasizes
that providing the health services is only for work-related accidents and other
health issues do not lies under the responsibility of Social Security
Organization. In addition the survivors pension is payable in case of the
insured's death due to occupational accident. (Due of implementations,
September 2001)
|
What is comparative
table between Iran & IAS
standards |
|
No |
Title |
Compatible
with |
|
--- |
Introductory
Matters |
Preface |
|
20 |
Objectives
and General Principle Governing Audit of Financial
Statements |
ISA
200 |
|
21 |
Terms of
Audit Engagements |
ISA
210 |
|
22 |
Quality
Control for Audit Work |
ISA
220 |
|
23 |
Documentation |
ISA
230 |
|
24 |
Fraud and
Error |
ISA
240 |
|
25 |
Consideration
of Laws and Regulations in an Audit of financial
statements |
ISA
250 |
|
30 |
Planning |
ISA
300 |
|
31 |
Knowledge
of Business |
ISA
310 |
|
32 |
Audit
Materiality |
ISA
320 |
|
40 |
Risk
Assessments and Internet Control |
ISA
400 |
|
50 |
Audit
Evidence |
ISA
500 |
|
51 |
Initial
Engagement- Opening Balances |
ISA
510 |
|
52 |
Analytical
Procedures |
ISA
520 |
|
53 |
Audit
Sampling |
ISA
530 |
|
54 |
Audit of
Accounting Estimates |
ISA
540 |
|
55 |
Related
Parties |
ISA
550 |
|
56 |
Subsequent
Events |
ISA
560 |
|
57 |
Going
Concern |
ISA
570 |
|
58 |
Management
Representations |
ISA
580 |
|
60 |
Using the
work of another auditor |
ISA
600 |
|
61 |
Considering
the work of internal auditing |
ISA
610 |
|
62 |
Using the
work of and expert |
ISA
620 |
|
70 |
The
auditor report on financial statements |
IAS
700* |
|
80 |
The
auditor's report on special purpose audit
engagement |
ISA
800 |
|
91 |
Engagements
to review financial statements |
ISA
910 |
|
92 |
Engagements
to perform agreed-upon-procedures |
ISA
920 |
|
93 |
Engagements
to compile financial information |
ISA
930 |
|
105 |
Particular
considerations in the audit of small businesses |
ISA
1005 |
|
107 |
Communications
with management |
ISA
1007 |
|
*Except
for legal requirements |
Project in
progress
|
No |
Title |
Stage |
Based
on |
|
10 |
Assurance
Engagements |
Study and
preparation |
ISA
100 |
|
12 |
Framework
of Auditing Standards |
Study and
preparation |
ISA
120 |
|
24 |
The Auditor's responsibility
to consider fraud and error in an audit of financial
statements |
Revised,
Exposure draft |
ISA
240 |
|
40-1 |
Auditing
in a computer information systems environment |
Study and
preparation |
ISA
401 |
|
40-2 |
Auditing
considerations relating to entities using service
organizations |
Study and
preparation |
ISA
402 |
|
50-5 |
External
confirmation |
Exposure
draft |
ISA
505 |
|
53 |
Audit
sampling and other selective testing procedures |
Revised,
exposure draft |
ISA
530 |
|
57 |
Going
concern |
Revised,
exposure draft |
ISA
570 |
|
70 |
Auditor's
report on financial statements |
Revision |
ISA
700 |
|
71 |
Comparatives |
Study and
preparation |
ISA
710 |
|
72 |
Other
Information in documents containing audited financial
statements |
Study and
preparation |
ISA
720 |
|
81 |
The
examination of prospective financial information |
Study and
preparation |
ISA
810 |
|
101 |
The
consideration of Environmental Matters in the audit of financial
statements |
Study and
preparation |
ISA
1010 |
|
-- |
Glossary
of Audit Terms |
Study and
preparation |
ISA
Glossary |
Comparative of
Iran Accounting
Standards
|
No |
Title |
Compatible
with |
|
1 |
Presentation
of financial statements |
IAS
1 |
|
2 |
Cash flow
statements |
IAS 7,
except for (a) |
|
3 |
Revenue |
IAS
18 |
|
4 |
Accounting
for contingencies |
IAS
37 |
|
5 |
Events
after the balance sheet date |
IAS
10 |
|
6 |
Reporting
financial performance |
IAS
8 |
|
7 |
Research
and development cost |
IAS
38 |
|
8 |
Inventories |
IAS
2 |
|
9 |
Construction
contracts |
IAS
11 |
|
10 |
Accounting
for government grants |
IAS 20
except for (b) |
|
11 |
Tangible
fixed assets |
IAS
16 |
|
12 |
Related
party disclosures |
IAS
24 |
|
13 |
Borrowing
costs |
IAS
23 |
|
14 |
Presentation
of current assets & current liabilities |
IAS
1 |
|
15 |
Accounting
for investments |
IAS
25 |
|
16 |
Foreign
Exchange Translation |
IAS 21
except for (c) |
|
17 |
Intangible
Assets |
IAS
38 |
|
18 |
Consolidated
financial statements and accounting for investments in
subsidiaries |
IAS 27
except for (d) |
|
19 |
Business
combinations |
IAS
22 |
|
20 |
Accounting
for investments in associates |
IAS 28
except for (e) |
|
21 |
Leases |
IAS
17 |
|
22 |
Interim
financial reporting |
IAS
34 |
|
23 |
Financial
reporting of interests in Joint Ventures |
IAS
31 |
|
24 |
Financial
reporting by development stage enterprises |
Not
available |
|
25 |
Segment
reporting |
IAS 14
except for (f) |
|
Two extra
subtitles are included in the cash flow statements.
Legal
requirements.
Recognition
of differences arising on translation of foreign currency balances of
companies subject to state audit act of Iran and
transfer of exchange differences included in owner's equity to retained
earnings on disposal of foreign operations.
Requirements
regarding minority interest debit balances to be charged against the
majority interest.
Presentation
of investments in associated in the financial statements of
investor.
Requirements
regarding identification of primary and secondary segments and disclosure
of each segment's share of profit or loss in investments accounted for
under equity method. |
Project in
progress
No |
Title |
Stage |
Based
on |
|
1 |
Agricultural
Activities |
Exposure
draft |
IAS
41 |
|
2 |
Accounting
by retirement benefit plans |
Preparation |
IAS
26 |
|
3 |
General
Insurance |
Preparation |
|
|
4 |
Real-estate |
Preparation |
|
|
5
|
Oil an
Gas |
Preparation |
|
|
6 |
Life
insurance |
Preparation |
|
Dayarayan Auditing & Financial
Services Firm
Tel: (+9821)
8739083-5
(+9821)
8739071-2
Fax: (+9821) 8739056
Email: Dayarayan@apadana.com
|
Some important
Governmental
Website |
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