Under paragraph 2 of Article 293 of the Entrepreneurial Code of the Republic of Kazakhstan and sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” I HEREBY ORDER:
Footnote. The preamble - as reworded by Order No. 11-1-4/417 of the Minister of Foreign Affairs of the Republic of Kazakhstan dated 11.08.2022 (shall be put into effect ten calendar days after the date of its first official publication).1. That the Rules for the Receipt, Registration and Consideration of an Application for Granting Investment Preferences shall be approved as annexed hereto.
Footnote. Paragraph 1 as reworded by Order No. 11-1-4/179 of the Minister of Foreign Affairs of the Republic of Kazakhstan dated 01.06.2020 (shall come into force ten calendar days after the date of its first official publication).2. Order No. 183 of the Minister of Industry and New Technologies of the Republic of Kazakhstan “On approval of Rules for receipt, registration and consideration of application for provision of investment preferences” (registered in the Register of state registration of laws and regulations under No. 7759, and published in newspaper “Kazakhstanskaya Pravda” No. 251-253 (27070-27072) on August 4, 2012) shall be declared to be no longer in force.
3. Investment Committee of the Ministry of Investments and Development of the Republic of Kazakhstan (E. K. Khairov) shall ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) sending of this order copy to the printed periodicals and information-legal system “Adilet”, for publication and to the Republican center for legal information for entry into Reference control bank of regulatory and legal acts of the Republic of Kazakhstan within ten busines days after official registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
3) this order posting on internet resource of the Ministry of Investments and Development of the Republic of Kazakhstan and intranet portal of public authorities;
4. Supervision over this order fulfillment shall be entrusted to supervising Vice-Minister of Investments and Development of the Republic of Kazakhstan.
5. This order shall be enforced upon its first official publication and cover relationship established since January 1, 2016, at that subparagraph 4) of paragraph 6 of these Rules shall remain till January 1, 2017.
Acting Minister of Investments and Development of the Republic of Kazakhstan |
Zh. Kassymbek |
Approved by Order No. 1281 of Acting Minister of Investments and Development of the Republic of Kazakhstan dated December 30, 2015 |
Rules for the Receipt, Registration and Consideration of an Application for Granting Investment Preferences
Footnote. The Rules - as reworded by Order No. 11-1-4/110 of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 16.03.2023 (shall enter into force ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for the Receipt, Registration and Consideration of an Application for Granting Investment Preferences (hereinafter referred to as the Rules) have been developed under paragraph 2 of Article 293 of the Entrepreneurial Code of the Republic of Kazakhstan (hereinafter referred to as the Code), sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” (hereinafter referred to as the “Law on State Services”) and specify the procedure for accepting, registering and considering applications for investment preferences, as well as the procedure for providing the state service “Conclusion of an Investment Contract for the Implementation of an Investment Project Involving Investment and Granting of Investment Preferences” (hereinafter – the state service).
2. The following basic concepts are used herein:
1) the Government for Citizens State Corporation (hereinafter, the “State Corporation”) is a legal entity established by the decision of the Government of the Republic of Kazakhstan to offer public services, services for issuing technical conditions for connection to networks of natural monopoly entities and services of quasi-public sector entities under the laws of the Republic of Kazakhstan, organisation of activities for accepting applications for public services, services for issuing technical conditions for connection to networks of natural monopoly entities, services of quasi-public sector entities and the delivery of their results to the service recipient on a one-stop-shop basis, as well as ensuring the provision of public services in electronic form, performing state registration of rights to immovable property at the place of its location;
2) e-Government Web Portal (hereinafter referred to as the Portal) is an information system providing a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connection to networks of natural monopoly entities and services of quasi-public sector entities rendered in electronic form.
3. This state service shall be rendered by the Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the service provider) hereunder.
4. Within three working days from the date of amendments and/or additions hereto, the designated investment authority shall update these Rules and send the information to the service provider, the State Corporation, the portal operator and the Unified Contact Centre.
5. The state service shall be rendered to legal entities (hereinafter the service recipient) on a free-of-charge basis.
Chapter 2: Procedure for accepting, registering and considering applications for granting investment preferences
6. To conclude an investment contract for the implementation of an investment project involving investments and the granting of investment preferences (hereinafter the investment contract), the service recipient shall submit an application for the granting of investment preferences (hereinafter the application) via the State Corporation or the portal in the form as per Annex 1 hereto in the state and Russian languages with the documents referred to in paragraph 8 of the List of Essential Requirements for the Provision of State Services.
When accepting the documents, an employee of the State Corporation shall verify the copies against the originals of the documents and then return the originals to the service recipient.
Details of identity documents, state registration (re-registration) of a legal entity contained in state information systems shall be obtained by an employee of the State Corporation from the relevant state information systems via the e-government gateway.
No documents that are obtained from information systems may be requested from the recipients of services.
An employee of the State Corporation shall obtain the consent of the service recipient for the use of data constituting a legally protected secret held in information systems, when providing a public service in the form provided in Annex 3 hereto.
If the service recipient submits a complete set of documents as per the List of Essential Requirements for State Service Provision provided in Annex 2 hereto, an employee of the State Corporation shall accept the application, issue a free-form receipt to the service recipient in acceptance of documents and send them to the serviceprovider.
If a service recipient fails to submit a complete set of documents as per the List of Essential Requirements for the State Service specified in Annex 2 hereto and/or documents with expired validity, an employee of the State Corporation shall refuse to accept the application and issue a receipt of refusal to accept documents in the form according to Annex 4 hereto.
The List of Essential Requirements for the Provision of a State Service shall comprise a description of the process, form, content and outcome of the provision, as well as other details, subject to the peculiarities of the provision of the State Service.
7. The service provider shall register the application on the day it is received.
Should the service recipient apply after working hours, on weekends and public holidays as per the Labour Code of the Republic of Kazakhstan, the application shall be accepted and the result of the public service shall be issued on the following working day.
8. Within 5 (five) working days of registering the application on the portal, the provider shall verify the completeness of the submitted documents referred to in paragraph 6 hereof:
if it is established that the documents submitted are incomplete and/or expired, it shall prepare a reasoned refusal to further examine the application;
if the documents submitted are complete, within 22 (twenty-two) working days, it shall review the documents of the service recipient and draw up the result of the public service.
When an application is received from the State Corporation, within 5 (five) working days, the Service Provider shall send, via the electronic document management system (hereinafter referred to as EDMS), a request for approval of the application using the electronic digital signature of the certification centre of public authorities (hereinafter referred to as EDS) to competent public authorities in the areas of state property management, land resources, customs affairs, as well as local executive authorities.
9. When reviewing the application, the service provider shall:
1) verify that the application complies with the requirements hereof;
2) verify the existence of the documents referred to in Article 292 of the Code;
3) perform the analysis of the business plan of the investment project under subparagraph 3) of paragraph 1 of Article 292 of the Code;
4) interact with public authorities and other persons under paragraph 2 of Article 282 of the Code.
Authorised public authorities in the areas of state property management, land resources, customs, as well as local executive bodies shall approve the application within 10 (ten) working days.
10. Authorised public authorities in the areas of state property management, land resources, customs affairs, as well as local executive bodies shall prepare a positive or negative response within 10 (ten) working days after consideration of the application:
1) for applications received via EDMS, responses shall be sent to the service provider via EDMS, certified by EDS;
2) for applications received on the portal - the response shall be posted on the portal.
11. Following the results of the responses received from the competent public authorities in the areas of state property management, land resources, customs affairs, as well as local executive bodies on the consideration of the application, the service provider shall decide on granting investment preferences, or refusing to provide the public service.
If there are grounds for refusal specified in paragraph 9 of the List of Essential Requirements for the Public Service, the service provider shall notify the service recipient of the preliminary decision to refuse the public service, as well as the time and place (manner) of the hearing to enable the service recipient to express a position on the preliminary decision.
The service recipient shall be notified by the service provider of the hearing in advance, but at least 3 (three) working days prior to the date of the administrative act. The hearing shall take place no later than 2 (two) working days from the date of notification.
Following the results of the hearing, the service provider shall decide whether to grant investment preferences or to reject them in whole or in part.
12. From the date of the decision to grant an investment preference, the service provider shall:
1) when providing a state service via the State Corporation - within 10 (ten) working days, prepare a draft investment contract on paper and send it in two copies for signing to the service recipient via the State Corporation.
The service recipient shall sign the investment contract and send it to the service provider for signature and registration.
Within five (5) working days of receiving the draft investment contract from the service provider, the service provider shall sign and register it.
When a decision is made to refuse to provide a state service, the provider of the service shall prepare a hard copy of the reasoned refusal and send it to the State Corporation;
2) when rendering the public service via the portal - within 7 (seven) working days, prepare the investment contract electronically, sign it with a digital signature of the authorised person of the provider, register and send it to the service recipient in the "personal account" of the service recipient on the portal.
When a decision is made to refuse a state service, the provider of the service shall electronically prepare a reasoned refusal and send it to the service recipient's personal office on the portal.
13. The result of a state service shall be issued:
1) when rendering a public service via the State Corporation - at the State Corporation, upon presentation of identity documents (or an electronic document from the digital document service (for identification purposes) of the representative and his/her authorisation;
2) when a public service is provided via the portal - the result of the public service shall be posted on the portal and stored in the service recipient's personal office in the form of an electronic document.
The State Corporation shall ensure storage of the result for one month, whereupon it shall transfer it to the service provider for further storage. When the service recipient applies after one month, at the request of the State Corporation, within one working day the service provider shall send the prepared documents to the State Corporation for issuing them to the service recipient.
14. In compliance with sub-paragraph 11) of paragraph 2 of Article 5 of the Law “On State Services”, the service provider shall ensure that data on the stage of the provision of a public service is entered into the information system for monitoring the provision of a public service.
15. Should the information system containing the information necessary for the provision of a public service fail, within one working day the provider of the service shall notify the portal operator to draw up and sign with the provider a protocol on the technical problem in any form.
Chapter 3: Procedure for appealing against decisions, actions (inaction) of service providers and (or) their officials, the State Corporation and (or) its employees concerning the provision of a state service
16. The complaint regarding the provision of a public service shall be reviewed by a higher administrative authority, an official authorised to assess and control the quality of public services (hereinafter referred to as the authority reviewing the complaint).
A complaint shall be lodged with the service provider and/or the official against which the decision, action (inaction) is appealed.
The provider of the service, the official whose decision, action (inaction) is appealed against shall forward it and the administrative file to the authority reviewing the complaint no later than three working days after receipt of the complaint.
In this case, the provider of the service, an official, the decision, action (inaction) appealed against may not send the complaint to the authority reviewing the complaint, if, within three working days, it takes a decision or other administrative action that fully satisfies the requirements specified in the complaint.
17. Complaints received by the service provider under paragraph 2 of Article 25 of the Law “On State Services” shall be reviewed within 5 (five) working days from the date of its registration.
A service recipient's complaint received by the authority reviewing the complaint shall be reviewed within 15 (fifteen) working days from the date of its registration.
18. Unless otherwise provided by law, recourse to a court may be taken after an appeal in a pre-trial procedure.
Annex 1 to the Rules for the Receipt, Registration and Consideration of an Application for Investment Preferences |
Document form
Application for the granting of investment preferences
1. Details of the legal entity of the Republic of Kazakhstan | ||
1. | Name of the legal entity of the Republic of Kazakhstan | |
2. | Location: legal address, actual location | |
3. | Business Identification Number (BIN) | |
4. | Head of a legal entity of the Republic of Kazakhstan |
____________________________________ |
5. | Chief accountant of a legal entity of the Republic of Kazakhstan |
____________________________________ |
6. | Investment project manager |
____________________________________ |
2. Data on the investment project | ||
7. | Name of the investment project | |
8. | Location of the investment project (region, district, city) | |
9. | Selected priority activity(s) for investment (at the class level of the general classifier of economic activities) | |
10. | Volume of investment in fixed assets of a legal entity excluding value added tax (costs of a fixed asset not earlier than 24 months prior to the date of application for investment preferences and/or costs of future periods prior to commissioning are taken into account) |
__________________________________ |
11. |
Sources of project financing, availability of: |
1) ________________________________ |
3. Investment preferences required for project implementation * | ||
12. |
Exemption from customs duties on imports: |
1) ________________________________ |
13. | Value added tax exemption on imports of raw materials and/or supplies |
__________________________________ |
14. | Place of customs clearance | |
15. | State grant in kind |
__________________________________ |
16. | Land tax exemptions ** |
__________________________________ |
17. | Property tax exemptions ** |
__________________________________ |
18. | Corporate income tax exemptions *** |
__________________________________ |
19. |
Number of foreign migrant workers ***, of which: |
1) ________________________________ |
Note:
* to be filled in if necessary;
** for a legal entity implementing a priority investment project to create new production facilities;
*** a project for the creation of new production facilities, as well as for the expansion and/or renovation (reconstruction, modernisation) of existing facilities.
4. Investment project work programme _______________________________________________________________
(name)
Name of the investor: _________________________________________
Section 1: Investments in fixed assets, thousands of tenge | |||||
Expenditure items | Date of commissioning of fixed assets | calendar year | Total | ||
1 half year | 2 half year | Total for the year | |||
Total for Section 1: | |||||
Section 2: imports of spare parts for process equipment, raw materials and supplies, quantity | |||||
Expenditure items | Unit of measure | Drawdown period | Total | ||
1 half year | 2 half year | Total for the year | |||
1. Spare parts, including: | |||||
2. Raw materials, materials, Including: | |||||
Total for Section 2: | |||||
Section 3: production figures, quantities in kind | |||||
No. s/o | Name of goods, works, services | calendar year | Total | ||
1 half year | 2 half year | Total for the year | |||
Total for Section 3: |
5. List and volume of imported technological equipment and its components, spare parts, raw materials and materials exempted from customs duties under the laws of the Eurasian Economic Union and (or) the laws of the Republic of Kazakhstan*.
No. | Name |
Commodity Nomenclature of Foreign Economic Activities of the Eurasian Economic Union - | Unit of measure | Quantity | Documents allowing unambiguous classification of goods** |
Total: |
Note:
* to be filled in if necessary
** details of the classification of goods must contain the full commercial name, trade name, main technical, commercial characteristics of the goods, photographs, pictures, drawings, product data sheets, certified by the signature of the head of the legal entity submitting the application.
6. Investment preferences for an investment priority project shall be granted subject to the conditions of paragraph 5 of Article 286 of the Entrepreneurial Code of the Republic of Kazakhstan.
________________________________________________ |
_____________________ |
Annex to the Application for Investment Preferences |
Document form
Data on the foreign labour force recruited
No. | Surname, first name, patronymic (including in Latin letters) | Date of birth | Nationality/Country of residence | Number, date and issuing authority of the passport (identity document)) | Employment period (month, year) | |
_____________________________________________________ |
_____________________ |
Annex 2 to the Rules for the Receipt, Registration and Consideration of an Application for Investment Preferences |
List of Essential Requirements for the Provision of the State Service “Conclusion of an
Investment Contract for the Implementation of an Investment Project Involving
Investments and the Provision of Investment Preferences”
1. | Name of the service provider | Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan |
2. | Methods of providing a public service |
1) Government for Citizens State Corporation Nonprofit Joint-Stock Company (hereinafter referred to as the State Corporation); |
3. | Term of state service rendering |
1) from the moment of submission of the package of documents to the State Corporation - 35 (thirty-five) business days; |
4. | Form of the state service delivery | Electronic (partially automated)/paper-based |
5. | The result of a state service | Conclusion of the investment contract for the implementation of the investment project, involving investments and the provision of investment preferences or a reasoned response to the refusal to render a public service in the cases and on the grounds stipulated by paragraph 9 of this List of Basic Requirements for the Provision of a State Service |
6. | The size of payment charged from a service recipient in the provision of a state service, and the ways of charging it in cases specified by the laws of the Republic of Kazakhstan | Free of charge |
7. | Working schedule of the service provider, the State Corporation and information facilities |
1) Service Provider - Monday through Friday from 9:00 a.m. to 6:30 p.m., with a lunch break from 1:00 p.m. to 2:30 p.m., excluding weekends and public holidays under the Labor Code of the Republic of Kazakhstan; |
8. | List of documents and data required from the recipient of a service, necessary for the delivery of a state service |
1. At the State Corporation: |
9. | Grounds for refusal to deliver a state service, stipulated by the laws of the Republic of Kazakhstan |
1) determination of the unreliability of documents provided by the recipient of a state service and (or) the data ( information) contained therein; |
10. | Other requirements considering the peculiarities of the provision of a state service |
The maximum permissible waiting time for delivery of the package of documents to the State Corporation shall be fifteen (15) minutes, the maximum permissible time of service by the State Corporation shall be fifteen (15) minutes. |
Requirements for the preparation of a business plan for an investment project
1. The business plan shall include the following sections:
1) project summary;
2) technology section;
3) commercial section;
4) socio-economic impact;
5) financial section.
2. The project summary shall comprise:
1) details of the legal entity:
share of foreign participation with indication of country;
share of quasi-public sector participation;
2) project information:
project name;
project objective;
the nature of the proposed investment project (creation of new, expansion and renewal of existing production facilities);
the number of jobs to be established (temporary and permanent);
nomenclature of output products as per the classifier of products by types of economic activity (CPTEA RK).
3. The technological section shall include:
1) description of the technology of the investment project, specifying the fixed assets acquired and used, as well as imported raw materials and materials in the technological process;
2) the application of modern technology in the investment project;
3) comparative analysis of imported raw materials and materials by technical and cost characteristics as per the form in Annex 1 hereto (to be filled in when importing these raw materials and materials);
4. The commercial section shall include:
1) supplies of raw materials, supplies and equipment:
list of types of raw materials and supplies used;
averaged cost rate of imported raw materials for the production of a unit of finished goods produced by the equipment under the investment project, specifying the name and volume of used raw materials (to be filled in when the import of these raw materials is exempt from customs duties, as well as in case of exemption from value added tax when importing raw materials and (or) materials);
list of required technological equipment;
novelty of technological equipment (date of manufacture and model of the equipment);
2) marketing:
marketing of products - specify to which regions, to which consumers, to which countries abroad, whether similar, interchangeable or complementary goods are available on the market.
5. The socio-economic impact shall include:
1) direct participants of the investment project:
project developer, general contractor, contractor, subcontractor or service provider in the field of architectural, urban planning and construction activities (including surveying and design activities, engineering services), equipment supplier, supplier of raw materials and supplies, intermediaries;
2) the project's need for labor resources (number), as per the form in Annex 2 hereto;
3) distribution of functional responsibilities of the foreign workforce involved (to be filled in when implementing an investment priority project);
4) the need for employees after the commissioning of production, as per the form in Annex 3 hereto;
5) expected social effect in the implementation of the investment project.
6. The financial section shall consist of:
1) the cost of implementing the investment project, funding sources: own funds;
borrowed funds (loans or funds raised from business entities) and/or a grant; budgetary funds;
2) financial analysis:
financial model of the project, including the calculation of models without and with appropriate investment preferences;
net present value (NPV) for the life cycle of the project;
internal rate of return (IRR) for the life cycle of the project;
the payback period of the project (simple and discounted);
simple rate of return (profitability);
calculation of conditional losses and revenues for the national and local budgets, as per the form in Annex 4 to these Requirements.
7. The business plan shall be stitched and numbered, certified by the signature of the first head of the legal entity.
Annex 1 to the Requirements for the development of |
|
business plan for an investment project |
Document form
Comparative analysis of imported raw materials by technical and cost characteristics
Name of goods | Technical specifications | Value characteristics | ||||
in the Republic of Kazakhstan | in the countries of the Eurasian Economic Union | in another country(s) | in the Republic of Kazakhstan | in the countries of the Eurasian Economic Union | in another country(s) | |
Annex 2 to the Requirements for the development of |
|
business plan for an investment project |
Document form
The need of the project in labor resources (quantity)
For the construction period | After commissioning (1 year) | ||
Nationals of the Republic of Kazakhstan | Foreign labor force | Nationals of the Republic of Kazakhstan | Foreign labor force |
Annex 3 to the Requirements for the development of |
|
business plan for an investment project |
Document form
Need for employees after production start-up
No. s/o | Name of professions | Level of qualification (tariff class, category) | Quantity |
Annex 4 to the Requirements for the development of |
|
business plan for an investment project |
Document form
Calculation of conditional losses and revenues for the national and local budgets
Types of obligatory budgets | calendar year | calendar year | ||
budget revenues excluding preferences | budget revenue, including preferences | budget revenues excluding preferences | budget revenue, including preferences | |
Corporate income tax | ||||
Property tax | ||||
Land tax | ||||
Customs duties | ||||
Social tax | ||||
Pension contributions |
Annex 3 to the Rules for the Receipt, Registration and Consideration of an Application for Investment Preferences |
Document form
To the Government for Citizens State Corporation from: ________________________ (Surname, first name, patronymic) |
|
(if any) __________________________ (company name |
|
of the service recipient) __________________________ (service recipient's address) |
Consent of the service recipient
I hereby give my consent to the use of legally protected secret information contained in information systems for the provision of the public service “Conclusion of an Investment Contract for the Implementation of an Investment Project Involving Investment and Granting of Investment Preferences”.
_____________________________________ |
_____________________ |
Annex 4 to the Rules for the Receipt, Registration and Consideration of an Application for Investment Preferences |
Document form
__________________________ (Surname, first name, patronymic (if any) (hereinafter – full name the service recipient's representative |
|
or the name of | |
the service recipient's organisation) __________________________ (service recipient's address) |
Receipt of refusal to accept documents
Being guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan “On State Services”, Department No. __ of the Branch of the Government for Citizens State Corporation, a Non-Commercial Joint-Stock Company (address: ___________________________________) hereby refuses to accept documents for the provision of the state service “Conclusion of the Investment Contract for the Implementation of an Investment Project Involving Investment and Granting of Investment Preferences” due to the fact that you submitted incomplete documents and expired documents as per the List of Essential Requirements for the Provision of a State Service, namely:
Name of missing and expired documents:
1) __________________________________________________________;
2) __________________________________________________________;
3)...
This receipt shall be drawn up in 2 copies, one for each party.
_________________________________________________ ___________
(Full name of the employee of the State Corporation) (signature)
Prepared by_________________________ full name
Contact number __________ Received by: ____________________________________ __________________
Full name (the service recipient's signature)
“__” _________ 20___