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DOLE to Issue Certification Pursuant to the FIA of 1991, as amended
The Department of Labor and Employment (“DOLE”) on 24 October 2022 issued Labor Advisory No. 20, series of 2022 to provide the guidelines for the issuance of certification pursuant to the Implementing Rules and Regulations of Republic Act No. 11647 or the Foreign Investment Act of 1991, as amended.
For purposes of registration with the Securities and Exchange Commission or the Department of Trade and Industry, all non-Philippine nationals intending to engage in micro and small domestic market enterprises with a paid-in equity capital of at least one hundred thousand US dollars ($100,000.00), but not equal or more than two hundred thousand US dollars ($200,000.00) shall be required to obtain a Certification from the concerned DOLE Regional Office (“DOLE RO”), which has jurisdiction over the enterprise. For the issuance of the Certification, a fee of five hundred pesos (P500.00) is required together with a notarized Affidavit of Undertaking indicating that the majority of their direct employees shall be Filipinos and that in no case shall the number of Filipino direct employees be less than fifteen (15).
Upon payment of the required fee and submission of the Affidavit of Undertaking, the DOLE RO shall process the application and issue the Certification in accordance with Republic Act No. 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
Templates for the Certification and the Affidavit of Undertaking are provided in the link below:
https://www.dole.gov.ph/news/labor-advisory-no-20-22-issuance-of-certification-pursuant-to-the-irr-of-ra-11647-or-the-foreign-investments-act-of-1991-as-amended/