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On approval of the Rules on organization of activities of "One-stop-shop" for investors

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan No. 1133 from December 30, 2015.

       Unofficial translation
      Effective from January 1, 2016.
      In accordance with paragraph 5 of Article 282 of the Commercial Code of the Republic of Kazakhstan dated October 29, 2015, the Government of the Republic of Kazakhstan hereby ORDERS that:
      1. The annexed Rules on organization of activities of “One-stop-shop” for investors shall be approved.
      2. The Decree of the Government of the Republic of Kazakhstan No. 70 “On approval of the Rules on organization of activities of "One-stop-shop" for investors” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2015, No. 7, art. 38) dated February 18, 2015 shall no longer be in force.
      3. Present Decree shall be put into effect on January 1, 2016 and shall be officially published.
      Prime minister of
      the Republic of Kazakhstan K. Massimov

  Approved by the Decree
of the Government
of the Republic of Kazakhstan
No 1133,
dated December 30, 2015

Rules on organization of activities of
“one-stop-shop” for investors 1. General provisions

      1. Present Rules on organization of activities of “one-stop-shop” for investors (hereafter referred to as Rules) have been developed in accordance with paragraph 5 of Article 282 of the Commercial Code of the Republic of Kazakhstan dated October 29, 2015 establish the procedures for “one-stop-shop” for investors with service providers, that provide state services in accordance with the applicable legislation of the Republic of Kazakhstan.
      2. General terms used in present Rules:
      1) authorized investment body (hereafter referred to as the authorized body) – is a government agency, determined by the Government of the Republic of Kazakhstan, that concludes investment contracts and supervises their fulfillment;
      2) service providers – are the central government authorities, foreign establishments of the Republic of Kazakhstan, local executive authorities in the Regions, cities of republican status, capita, cities of oblast status, district akims in a city, cities of district subordinance, rural settlements, villages, rural districts, as well as individuals and legal entities, that provide state services in accordance with applicable legislation of the Republic of Kazakhstan;
      3) investor support according to “one-stop-shop” principle (hereafter referred to as the investor support) – is a set of activities in informational and organizational support for the investors provided by an authorized body;
      4) employee of the service provider – is an employee of the service provider, that provides state services in accordance with applicable legislation of the Republic of Kazakhstan;
      5) investor application – is an application form, submitted by the investor and approved by the order of an authorized body;
      6) application – is an application form, set by the standards for the provision of state services, which is annexed to the investor application.

2. Investor acceptance and counseling

      3. The authorized body shall organize a specially designated area, where the applications for provision of state services shall be accepted and the results shall be given to the investors (hereafter referred to as specially designated area) and accommodates the offices for State service Center before creating the Public Corporation “Government for Citizens”.
      4. Investors shall seek referral and counseling at the relevant authorized body.
      5. The authorized body shall provide counseling to investors on state services, as well as on the implementation of investment projects.
      6. According to the procedures established by the Government of the Republic of Kazakhstan, the authorized body is empowered, within its competence and in order to fulfill tasks entrusted to it, to involve specialists, counselors and experts from relevant state bodies represented by natural and legal persons.
      7. Service providers shall ensure the provision of materials, documents and other information to the authorized body, in order for the investors to prepare the application for the receipt of state services.
      8. Upon request of the authorized body, service providers shall provide immediate clarification on provision of state services in electronic or written form.
      9. In accordance with paragraph 20 of this Rules, in the event of the complexity of the issue and the need for its further development, the service providers shall send a one day response in written and (or) electronic form to the electronic addresses specified in the joint order.
      10. Upon the request (written or electronic) by the authorized body, the service providers shall involve a specialist for counseling of investors on provision of state services in a specially designated area, determined by the authorized body.
      11. In coordination with the authorized body, service providers shall organize and conduct trainings and (or) seminars for its employees on the provision of state services.

3. Accepting applications for provision of state services and delivery of results to the investors

      12. Investors, that appeal the authorized body, shall provide the investor application and application for provision of state services with the appendix of the documents, according to the list, set by the standards for state services (hereafter referred to as investor’s documents).
      13. List of documents, annexed to the application for each type of state services shall be adopted by the state service standards.
      14. Investor’s documents, duly filled-in and delivered to the authorized body, shall be transferred to the service provider in order to provide state services.
      15. The authorized body shall deliver the results of the provided state services to the investors, established by the state service standard.
      16. The time of receipt of the investor’s documents by service providers and the time of receipt of the results of the examined investor’s documents by the authorized body shall not be included in the time period for the provision of the state services, established by the state service standard.
      17. Within three working days, service providers shall inform the authorized body, if the amendments are made to the legislation in relation to the provision of state services.
      18. Information, provided to the authorized body, shall be confidential.
      19. Acceptance and issuance of documents shall be carried out in state or Russian language at the applicant’s request.

4. Interaction between the authorized body and government authorities on the provision of state services

      20. By a joint order with the government authorities, responsible for the provision of state services, the authorized body shall appoint the responsible persons for interaction with and counseling of investor.
      21. Service providers shall provide materials, documents and other information to the authorized body, necessary for the provision of state services, including by integration of information systems in accordance with Legislation of the Republic of Kazakhstan.
      22. Service providers shall send the results of state services to the authorized body, within terms specified by state service standards.
      23. An authorized body has the right to petition service providers for the approval of the investor’s documents and to submit them documents to service providers.
      24. Employee of the service provider files information on the steps of approval of the application on a web resource, according to the table.

Ser. No.
Terms for the provision of state services
First notice (before the date of issuance of the result of the state service)
Second notice (before the date of issuance of the result of the state service)
Third notice (before the date of issuance of the result of the state service)
1.
Up to 10 days
in 5 days
----
----
2.
Up to 20 days
in 10 days
in 5 days
----
3.
Up to 30 days
in 15 days
in 10 days
in 5 days
4.
More than 30 days
in 20 days
in 15 days
in 5 days

      25. Within two working days since determining the employee, the service providers shall inform the authorized body.
      26. In case of termination of employment relationship with the responsible person and (or) the employee, the service provider shall appoint the responsible person and (or) employee within one day and shall notify the authorized body.

5. Investor support by the authorized body in government authorities and monitoring
the process of rendering state services to the investors

      27. From the moment of submission of investor’s documents for rendering state services and until issuance of such services the authorized body shall support the investors on issues of timely and full delivery of state services.
      28. The authorized body shall accept investor’s documents at a specially designated area.
      29. The authorized body shall transfer investor’s documents for rendering state services to the State service Center or Public Corporation “Government for Citizens” and service provider, that provides state services.
      30. The authorized body shall analyze information, provided by the service provider in accordance with paragraph 24 of the present Rules.
      31. In case of non-compliance with deadlines of provision of state services by the service provider, the authorized body shall immediately notify of such non-compliance and the need of remediation in written or electronic form.
      32. State services monitoring information shall be available to the investor, that implements the investment project on a web resource of an authorized body.
      33. Investor applications shall be registered on a web resource of an authorized body.

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