DEPARTMENT ORDER NO. 205, SERIES 2019 – Implementing Guidelines on the Issuance of Certificate of No Objection on the Application for Work-related Permits, Visas, and Authorities of Foreign Nationals

IMPLEMENTING GUIDELINES ON THE ISSUANCE OF CERTIFICATE OF NO OBJECTION ON THE APPLICATION FOR WORK-RELATED PERMITS, VISAS, AND AUTHORITIES OF FOREIGN NATIONALS

Pursuant to Section 7 of the Joint Memorandum Circular (JMC) No. 01, Series of 2019 on
the Rules and Procedures Governing Foreign Nationals Intending to Work in the Philippines,
the following Guidelines is hereby promulgated to govern the issuance of Certificate of No
Objection (CNO) by the Department of Labor and Employment (DOLE).
Proviso:
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.
Section 1. Definition of Terms. As used in this Guidelines, the following shall be referred to
as:
a. Alien Employment Permit (AEP) – permit issued by the Department of Labor and
Employment (DOLE) to foreign nationals pursuant to an employment arrangement
with the Philippine-based company, after determination of the non-availability of a
person in the Philippines who is competent, able, and willing at the time of the
application, to perform the services for which the foreign national is desired;
b. Certificate of No Objection – document issued by the DOLE to certify that there is
no Party objecting to the issuance of work-related visa i.e., Section 47(a)(2) under
Commonwealth Act No. 613 to foreign nationals and based on the Codified Visa
Rules of the Department of Foreign Affairs (DFA) and Bureau of Immigration (BI).
c. Entity -foreign enterprise that will engage foreign nationals in the operation of its
business;
d. Provisional Work Permit – permit to work issued by the BI which allows foreign
nationals to engage in work pursuant to an employment arrangement pending
issuance of their AEP or with valid AEP but pending approval of CA 613, Section 9(g)
work visa under Commonwealth Act No. 613 also known as The Philippine
Immigration Act of 1940 referring to work visa;
e. Project Implementers – government agency whether local or national which have
existing agreement with the Philippine government and will engage foreign nationals
for a specific project;
f. Special Temporary Permit – permit issued by the Professional Regulation
Commission to a foreign professional who will practice in the Philippines for a limited
period of time, subject to the limitations and conditions provided for by law, rules and
regulations thereof;
g. Special Work Permit – permit to work issued by the BI which allows a foreign
national to engage in work outside of an employment arrangement;
h. 47(a)(2) Visa – Special Non-Immigrant Visa issued by the Department of Justice
(DOJ) and DFA based on Section 47 (a) (2) of Commonwealth Act No. 613, which
entitles the holder to multiple entries and exits into and out of the Philippines.
i. 9g Work Visa – work visa issued by the BI and DFA, which entitles the holder
thereof to multiple entries and exits into and out of the country while working with a
company registered or licensed to do business and existing under Philippine laws;
Section 2. Coverage. The following categories of foreign nationals shall secure CNO from
DOLE before they are issued with work-related visas, permits and authorities by concerned
agencies:
a. Personnel, participants, trainees, professors, technicians, and fellows entitled to
47(a)(2) visa under certain entities and programs of the Codified Visa Rules and
Regulations of 2002 of the DFA.
b. Foreign nationals employed and/or seconded in a foreign enterprise that has existing
agreement, understanding or document of similar nature with the Philippine
government agency/ies.
Section 3. Exemption. The following categories of foreign nationals are exempted from
securing CNO from DOLE, to wit:
a. Scholars, students, volunteers and personnel of International Organizations entitled
to 47(a)(2) visa under certain entities and programs of the Codified Visa Rules and
Regulations of 2002 of the DFA;
b. Foreign nationals exempted under Section 7 of the JMC No. 001, series of 2019; and
c. Foreign nationals required to secure АЕР.
Section 4. Documentary Requirements. The following documentary requirements shall be
submitted to the DOLE Regional Office (RO) having jurisdiction over the intended place of
engagement or project or worksite:
a. Letter request from the foreign enterprise/entity or project implementer;
b. Photocopy of passport biopage and/or entry visa/latest admission with valid
C.
authorized stay, whichever is applicable, of the concerned foreign national;
Certified true copy of notarized contract of agreement or similar document as proof of
engagement between the Philippine and foreign government; and
d. Certified true copy of notarized Contract of Employment between the foreign national
and the foreign enterprise/entity.
Section 5. Responsibilities of the Concerned Agency. The following are the
responsibilities of the concerned agencies on the issuance of CNO:
a. The DFA and DOJ shall include CNO as one of the documentary requirements for
the issuance of 47(a)(2) visa.
b. The DOLE shall process CNO within the prescribed period.
c. The DOLE shall require foreign nationals to secure AEP in cases when the foreign
nationals shall engage in a gainful employment in the Philippines.
Section 6. Procedure and Payment of Fees. The foreign enterprise/entity and/or project
implementers shall secure a CNO prior to submission of application for 47a2 visa to DOJ or
Philippine Embassy or Consular Post.
The foreign enterprise/entity and/or project implementer shall submit the documentary
requirements and pay corresponding fee of Five Hundred Pesos (Php500.00) for each
foreign national to the DOLE RO which has jurisdiction over the intended place of
engagement or project or work site.
The DOLE RO shall grant or deny the issuance of CNO within three (3) working days after
receipt and evaluation of the complete documentary requirements and payment of
corresponding fee.
Section 7. Effect of Issuance of CNO. The issuance of CNO shall be without prejudice to
the determination of derogatory information of the foreign national by the National
Intelligence Coordinating Agency (NICA).
Section 8. Grounds for Denial of CNO. The Regional Director may deny the request for
CNO, based on the following grounds:
a. Meritorious objection or information on the employment of the foreign national;
b. Misrepresentation of facts and submission of fraudulent documents; and
C. Derogatory information from the NICA.
If any of the grounds is present, a Letter of Denial on the request for CNO shall be issued by
the DOLE Regional Director to the requesting party.
The denial of the request for the issuance of CNO shall not be subject to an appeal or
reconsideration.
Section 9. Repealing Clause. All guidelines, rules and regulations, procedures and
agreements inconsistent herewith are hereby repealed or modified accordingly.
Section 10. Separability Clause. If any part or provision of this Guidelines declared to be
invalid or unconstitutional, the other parts or provisions not affected shall remain in full force
and effect.
Section 11. Effectivity. This Guidelines shall take effect after fifteen (15) days from the date
of its publication in a newspaper of general circulation or Official Gazette.

17 ОСТ 2019
Date
SILVESTRE H. BELLO II
Secretary
Dept. of Labor & Employment
Office of the Secretary
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