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On some issues concerning state support for investments

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Order No. 1133 of the Minister of Investments and Development of the Republic of Kazakhstan dated November 30, 2015. Registered under No. 12572 in the Ministry of Justice of the Republic of Kazakhstan on December 28, 2015.

      Note by Republican Legal Information Center!
      See the procedures of implementing this order in p. 5

      In accordance with Article 159, paragraph 1 of Article 292 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 and Article 16 of the Law of the Republic of Kazakhstan "On State Statistics" dated March 19, 2010, I hereby ORDER that:

      1. The below shall be approved, namely:

      1) the form of application for provision of investment preferences in accordance with Supplement 1 to this order;

      2) requirements for drawing up a business plan for the investment project, in accordance with Supplement 2 to this order;

      3) the form of semiannual report on the investment contract performance in accordance with Supplement 3 to this order;

      4) the form of the Act on current status of the work program of the investment contract performing in accordance with Supplement 4 to this order.

      2. Some orders of the Minister of Industry and New Technologies of the Republic of Kazakhstan, Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and New Technologies of the Republic of Kazakhstan, Minister of Investments and Development of the Republic of Kazakhstan, Acting Minister of Investments and Development of the Republic of Kazakhstan in accordance with Supplement 5 to this order shall be declared to be no longer in force.

      3. The Investment Committee of the Ministry of Investments and Development of the Republic of Kazakhstan (Ye.K. Khairov) shall ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) direction of the copy in printed and electronic format for official publication in periodicals and the information and Adilet legal system, as well as to the Republican Legal Information Center for entering into the reference control bank of normative legal acts of the Republic of Kazakhstan within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      3) this order posting on the Internet resource of the Ministry of Investments and Development of the Republic of Kazakhstan and on the internet portal of the state authorities;

      4) submission to the Legal Department of the Ministry of Investments and Development of the Republic of Kazakhstan of information on the execution of measures provided for by subparagraphs 1), 2) and 3) of paragraph 3 of this order within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

      4. Supervision over this order fulfillment shall be entrusted to the Deputy Minister of Investments and Development of the Republic of Kazakhstan.

      5. This order shall be implemented upon the expiry of ten calendar days after its first official publication and cover relationship that have arisen since January 1, 2016.

      Minister for Investment
      and Development
      of the Republic of Kazakhstan A. Issekeshev

      AGREED with

      the Chairman of the Committee on Statistics

      of the Ministry of National Economy

      of the Republic of Kazakhstan

      _______________ A. Smailov

  November 30, 2015 Supplement 1
to Order No. 1133 of the Minister
for Investments
and Development of the Republic
of Kazakhstan
dated November 30, 2015
Form

Application for provision of investment preferences

      Reference. Application form as amended by order No. 56 of the Minister of Investments and Development of the Republic of Kazakhstan dated January 29, 2018 (shall be put into effect upon the expiry of 10 calendar days after its first official publication).

Chapter1. Information on the legal entity of the Republic of Kazakhstan

1.

Name of the legal entity of the Republic of Kazakhstan


2.

Location: legal address and actual location


3.

Business Identification Number (BIN)


4.

The Head of the legal entity of the Republic of Kazakhstan

________________________________
(surname, name, patronymic (if any)
________________________________
(telephone, fax, e-mail)

5.

The Chief Accountant of the legal entity of the Republic of Kazakhstan

________________________________________
(surname, name, patronymic (if any)
________________________________________
(telephone, fax, e-mail)

6.

Investment project manager

_______________________________________
(surname, name, patronymic (if any)
_______________________________________
(telephone, fax, e-mail)

Chapter 2. Information on the investment project

7.

Name of the investment project

__________________________________________

8.

Place of implementation of the
investment project (oblast, district, city)

__________________________________________

9.

The priority type (s) of activities selected for investment (at the class level of general classifier of economic activities)


10.

Volume of investments in fixed assets of the legal entity exclusive of value-added tax (fixed asset costs not earlier than 24 months before filing application for investment preferences and (or) future expenses before commissioning shall be recognized)

_______________________________
(tenge)

11.

Sources of financing
project, availability of:
1) own funds
2) borrowed funds
3) budget funds

1)____________________________________________
(name, number, date of the document confirming the availability of own funds)
2)____________________________________________
(name, number, date of the document establishing sources of project financing, creditor)
3) ___________________________________________
(name, number, date of the document confirming the availability of budget funds)

Chapter 3. The investment preferences required for the project implementation of *

12.

Exemption from customs duties on import of:
1) process equipment, its components;
2) spare parts for process equipment, raw materials and materials

1) _____________________________
(tax-exempt amount)
2) _____________________________
(tax-exempt amount)

12-1

Exemption from payment of value added tax for the import of raw materials and (or) materials

____________________________
(tax-exempt amount)

13.

Location of customs clearance


14.

Government grant-in-kind

_______________________________
(market cost)
_______________________________
(documents confirming prior approval)

15.

Land tax exemption**

_______________________
(face amount)

16.

Property tax exemption**

________________________
(face amount)

17.

Corporate income tax exemption***

________________________
(face amount)

18.

Investment grant**

___________________________________
(thousand tenge)
the amount of costs for construction and installation work and procurement of equipment exclusive of value added tax excise duties

19.

Number of foreign labour ***, among them (according to supplement to requisition for investment preferences):
1) Chiefs,
2) specialists with higher education,
3) skilled labour

1)_____________________________________
(number of people)
2)_____________________________________
(number of people)
3)_____________________________________
(number of people)

      Note:

      * to be filled in if necessary;

      ** for the legal entity implementing an investment priority project for the creation of new productions;

      *** for the legal entity implementing an investment priority project for creation of new industries, and expansion and (or) updating (reconstruction, modernization) of existing production facilities as well.

      Chapter 4. Work program for the investment project

      ___________________________________________________________________________

      (name)

      Investor’s name: _____________________________________________________________

Section 1: investments in fixed assets, KZT thousand

Cost of accounts

Date of fixed assets commissioning

calendar year

Total

1 half year

2 half year

total per year








Total per Section
1:












Section 2: import of spare parts for process equipment, raw materials, quantity

Cost of accounts

UOM

Breaking-in period

Total

1 half year

2 half year

total per year

1. Spare parts, including:












2. Raw materials, materials, including:












Total per Section 2:






Section 3: production indicators, quantity in physical terms

Reference No.

Name of goods, works, services

Calendar year

Total



1 half year

2 half year

Total per year

Total per Section 3:





      Chapter 5. List and amount of imported process equipment, its components and spare parts, raw materials and materials released from customs duties in accordance with the legislation of the Customs Union and (or) the legislation of the Republic of Kazakhstan*.

No.

Name

Foreign Economic Activity Commodity Nomenclature of Eurasian Economic Union - FEACN EEU

UOM

Quantity

Documents that allow to classify the goods uniquely**

1.






Total

      Note:

      * to be filled in if necessary **

      information on the classification of goods shall contain full commercial name, company's name, basic technical, commercial characteristics of goods and other information, including photographs, pictures, drawings, datasheets, and other documents certified by signature of the manager and seal of the legal entity filing application.

      Chapter 6. Investment preferences for the investment priority project are granted if the following requirements are complied with in accordance with paragraph 5 of Article 286 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015.

____________________________________________
(Surname, name, patronymic (if any) of the Head of
the legal entity of the Republic of Kazakhstan)

________________________
(signature, seal (if any) and date)

  Supplement to application
for investment preferences
Form

Information on the foreign labor engaged

No.

Surname, name, patronymic (including those by Latin letters)

Date of birth

Citizenship / Country of permanent residence

Number, date and the passport issuing authority (identity document)

Period of engagement (month, year)








_________________________________
(Surname, name, patronymic (if any) of the Head of the legal entity of the Republic of Kazakhstan)

_________________________
(signature, seal (if any) and date)

  Supplement 2
to Order No.1133
of the Minister of Investments and
Development
of the Republic of Kazakhstan
dated November 30, 2015
Form

Requirements for drawing up a business plan of investment project

      Reference.The requirements as amended by order No. 56 of the Minister of Investments and Development of the Republic of Kazakhstan dated January 29, 2018 (shall be put into effect upon the expiry of 10 calendar days after its first official publication).

      1. Business plan shall consist of the following sections:

      1)summary of the project;

      2) engineering design;

      3) commercial part of the business plan;

      4) socio-economic impact *;

      5) financial section *.

      2. The project summary includes:

      1) Information on the legal entity:

      share of foreign participation with indication of the country;

      share of quasi-public sector;

      2) Information on the project:

      name of the project;

      objective of the project;

      nature of the proposed investment project (creation of new one, expansion and updating of existing production facilities);

      number of created workplaces (temporary and permanent);

      nomenclature of output product in the classifier of production by kinds of economic activities (Classification of Products by Economic Activity of the Republic of Kazakhstan).

      3. Engineering design shall include:

      1) description of the investment project technology indicating the fixed assets purchased and used, as well as imported raw materials and materials in the technological process;

      2) modern technology application in the investment project;

      3) comparative analysis of imported raw materials and materials based on technical and cost characteristics, in accordance with Supplement 1 to the Requirements for the business plan preparation (to be completed when importing the raw materials and materials);

      4. Commercial part of the business plan shall include:

      1) supply of raw materials, materials and equipment:

      list of types of raw materials and materials used;

      average rate of imported raw materials and materials consumed for production of a finished good unit manufactured using equipment within the framework of the investment project, with indication the name and volume of raw materials and materials utilized (to be filled when exempting from customs duties while importing this raw materials and materials, payment of value-added tax for the import of raw materials and (or) materials);

      list of process equipment required;

      novelty of process equipment (date of production and model of equipment);

      suppliers of technological equipment and raw materials with indication of the existence of contractual relations with the legal entity that has filed application requisition for investment preferences;

      2) marketing:

      marketing of products – specify the regions, consumers, countries abroad to which the supplies are expected, whether there are similar, interchangeable or complementary goods available on the market.

      5. Socio-economic impact shall include:

      1) direct participants of the investment project:

      project facilitator, general contractor, contractor, subcontractor or provider of architectural, urban planning and construction services (including survey and design activities, engineering services), equipment supplier, raw materials supplier, intermediaries;

      2) the project's need in labor resources (number), in the form as defined by Supplement 2 to the Requirements for preparation of a business plan for the investment project;

      3) allocation of functional duties of the foreign labor force engaged (to be filled in when implementing the investment priority project) *;

      4) need in labour resources after production commissioning, reflected in the form as defined by Supplement 3 to the Requirements for preparation of a business plan for the investment project *;

      5) expected social effect in the course of investment project implementation;

      6. financial section shall include:

      1) cost of the investment project implementation, sources of financing:

      own funds;

      borrowed funds (loans or borrowed funds of economic entities) and / or grant;

      budget resources;

      2) financial analysis:

      financial model of the project, including the calculation of models without taking into account investment preferences and taking into account the relevant investment preferences;

      net present value (NPV) for the project life cycle;

      internal rate of return (IRR) for the project life cycle;

      payback period (simple and discounted);

      simple rate of return (profitability);

      calculation of conditional losses and incomes for the republican and local budgets, in the form in accordance with Supplement 4 to the Requirements for drawing up a business plan.

      7. Business plan of the investment project shall be bound and numbered, certified by signature of the first manager and seal of the legal entity (if any).

      Note:

      * Is not to be filled out by the legal entities implementing the investment project.

  Supplement 1
to the requirements for
drawing up a business plan
of the investment project
Form

Comparative analysis of imported raw materials and materials based on technical and cost characteristics

Name of goods

Technical characteristics

Cost characteristics

in the Republic of Kazakhstan

in EEU countries

in other country(-ies)

in the Republic of Kazakhstan

in EEU countries

in other country(-ies)








  Supplement 2
to the requirements for
drawing up a business plan
of the investment project
  Form

The project's need in labor resources (number)

At construction period

After commissioning (1 year)

Citizens of the Republic of Kazakhstan

Foreign labour force

Citizens of the Republic of Kazakhstan

Foreign labour force





  Supplement 3
to the requirements for
drawing up a business plan
of the investment project
Form

Need in labour resources after commissioning

Ser.No.

Name of the profession

Qualification level (tariff rank, category)

Number





  Supplement 4
to the requirements for
drawing up a business plan
of the investment project
Form

Calculation of conditional losses and incomes for the republican and local budgets

Types of conditional losses and incomes into budget

Calendar year

Calendar year

budget revenue without preference

budget revenue with preference

budget revenue without preference

budget revenue with preference

Corporate income tax





Property tax





Land tax





Customs duties





Social tax





Pension contributions





  Supplement 3 to Order
No. 1133 of the Minister of
Investments and Development
of the Republic of Kazakhstan
dated November 30, 2015
  Form

This form is intended to collect administrative data Semi-annual report on the investment contract performance
dated "__"________20__No. ________

_________________________________
(Name of the legal entity that
concluded the investment
contract)

________________________________
(project implementation place)

      Reporting period: ___ half year of 20 ____

      Index: Form No. 1 - IC

      Frequency of reporting: semiannual

      Subject to submission by the legal entities of the Republic of Kazakhstan having concluded the investment contract with the Authorized Agency for Investments

      Deadline for submission: until July 25 of the current year and until January 25, following the reporting period

Section 1. Investments in fixed assets, KZT thousand

Ser.No.

Costs of account

Plan.

Act.

Deviations (+;-)

Reason for deviation

Confirming documents (name, number, date)

1

2

3

4

5

6

7

1.1







2

Date of commissioning






and etc.








Total:






Section 2. Import of spare parts for process equipment, raw materials and materials

2.1

Spare part (quantity, UOM)






2.1.1

Name






2.1.2

Document confirming capitalization on balance accounts






and etc.







2.2

Raw materials and materials (quantity, UOM)






2.2.1







and etc.








Total:






Section 3. Performance characteristics____________________________________________________________
(name of output products)

3.1

Commencement date of product output / service delivery






3.2

Volume of products output / service delivered






3.3

Volume of raw materials and material used






3.3.1







and etc.







      We confirm that fixed assets have not been leased out or alienated. and the purpose target of government grant-n-kind and fixed assets purchased in accordance with the investment contract terms of the have not been changed.

      We certify the authenticity and identity of the information.

      Executed by ________________ Tel. _____ E-mail ____ signature __________

      Surname, name, patronymic (if any)

      The Head _____________________ Signature ______________________ L.S.

      Surname, name, patronymic (if any)

      Chief Accountant _________________ Signature _________________________

      Surname, name, patronymic (if any)

      Explanation on completion of the "Semiannual report on the investment contract performance form.

      1. "Semiannual report on the investment contract performance" Form is developed in accordance with paragraph 1 of Article 159 of the Entrepreneur Code of the Republic of Kazakhstan.

      2. The "Semiannual report on the investment contract performance" form shall be submitted by the legal entities of the Republic of Kazakhstan having concluded investment contract with the Authorized body on investments, no later than on January 25 and on July 25 with breakdown by cost of accounts, provided for by the work program, with the attachment of documents to confirm the commissioning of fixed assets, supply and use of spare parts for process equipment, raw materials and (or) materials.

      2. The form shall be completed as follows:

      Section 1. "Investments in fixed assets, KZT thousand":

      sequence number shall be indicated in column 1 "Ref. No."; subsequent information shall not break the numbering scheme;

      the cost of accounts from Supplement 1 to the investment contract "Work

      Program" for the reporting period shall be indicated in column 2 "Costs of

      account";

      the amount of costs from Supplement 1 to the investment contract "Work program"

      for the reporting period is indicated in column 3 "Plan";

      the cost of accounts shall be indicated according to confirming documents for the reporting period in column 4 "Actual";

      data of column "4" minus the data of column "3" are indicated in column 5

      "Deviations (+ ;-)";

      the reason for the difference occurred between columns "4" and "3" is indicated in

      column 6 "Reason for deviation";

      the name, number and date of the document confirming the amount of expenses for

      the reporting period are indicated in column 7 "Confirming documents (name,

      number, date)";

      the date of commissioning of fixed asset specified in cost of accounts of 1.1

      shall be indicated in the line "Date of commissioning";

      other lines of Section 1 are filled in the same way as the line "1.1".

      Section 2. "Import of spare parts for process equipment, raw materials

      and materials, unit of measurement".

      Section 2 data are filled similarly to Section 1 and the indicators of the columns "Cost of accounts" and "Plan" shall be indicated according

      to Supplement 2 to the investment contract.

      Section 3 "Performance characteristics".

      Section 3 data in the "Plan" column shall be indicated from the business plan

      attached to application for investment preferences filed by the legal entity having concluded the investment contract.

      Other indicators are filled in the same way as in Sections 1 and 2.

      Supplements copies of documents confirming the commissioning of fixed assets, supply and use of spare parts to process equipment, raw materials and (or) materials certified by the signature of the Head and the seal of the legal entity that entered into an investment contract shall be enclosed.

  Supplement 4 to Order
No. 1133 of the Minister of
Investments and Development
of the Republic of Kazakhstan
dated November 30, 2015
Form

ACT No. ___ on the current state of performance of the work program of the investment contract dated "__" _____ ___

      Reference. The act form as amended by order No. 56 of the Minister of Investments and Development of the Republic of Kazakhstan dated January 29, 2018 (shall be enforced upon the expiry of 10 calendar days after its first official publication).

      No. __ "__"________ 20_____

      Investments in fixed assets

No.

Information in section 1 of Supplement 1 and the Supplement 2 to the contract

Actual data established during the audit

Deviation of the amount, +/- (column "5" - column "3")

Cost of accounts

amount (KZT thousand)

date of commissioning

amount (KZT thousand)

date of commissioning

1

2

3

4

5

6

7

1.1







and etc.








Total:






Reasons and evidence of actual indicator deviation from planned ones with indication of confirming documents



      Supplements:

      1) consolidated register of documents confirming performance of obligations under the investment contract;

      2) photographs of the investment activity object;

      3) additional documents related to the investment contract.

      Supervisor: _________________________________________________________________

      (Surname, name, patronymic (if any) signature)

      Hereby I, ___________________________________________________________________

      (surname, name, patronymic (if any) and the position of the Head of legal entity having concluded the investment contract)

      certify the identity and authenticity of documents submitted for verification. I have read and understood the inspection result(s)

      ___________________________________________________________________________

      (comments and (or) proposals for inspection conducted)

      __________________________ (signature and seal)

      Chief Accountant: ___________________________________________________________

      (Surname, name, patronymic (if any), signature)

  Supplement 5 to Order No. 1133
of the Minister of Investments and
Development of the
Republic of Kazakhstan
dated November 30, 2015

The list of some orders of the Minister of Industry and New Technologies of the Republic of
Kazakhstan, Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and
New Technologies of the Republic of Kazakhstan, and Development of the Republic of
Kazakhstan, and Development of the Republic of Kazakhstan which have lost force.

      1. Order No. 184 of the Minister of Industry and New Technologies of the Republic of Kazakhstan On Some Issues Concerning State Support for Investments dated June 1, 2012" (registered under No. 7760 in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan, published in Kazakhstanskaya Pravda newspaper No. 280-281 on August 22, 2012 (27099-27100);

      2. Order No. 229 of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and New Technologies of the Republic of Kazakhstan On approval of forms in the sphere of state support of investments dated July 26, 2013 " (registered under No. 8639 in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan, in Kazakhstanskaya Pravda newspaper No. 302 on October 26, 2013 (27579);

      3. Order No. 2 of the Minister of Investments and Development of the Republic of Kazakhstan dated August 18, 2014 "No. 184 On Amendments and Additions to Order of the Minister of Industry and New Technologies of the Republic of Kazakhstan dated June 1, 2012 "On Some Issues Concerning State Support for Investments"(registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan under No. 9714, published in Kazakhstanskaya Pravda newspaper No. 197 on October 15, 2015 (28073);

      4. Order No. 14 of the Acting Minister of Investments and Development of the Republic of Kazakhstan dated September 2, 2014 "On Amendments and Additions to Order No. 229 of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Industry and New Technologies of the Republic of Kazakhstan dated July 26, 2013 "On approval of forms in the sphere of state support of investments" (registered under No. 9776 in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan published in the Adilet information system dated November 10, 2014).

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