On Approval of the standard for the state service called “Issue of petition for investor visa receipt by non-residents of the Republic of Kazakhstan, carrying out the investment activities in the territory of the Republic of Kazakhstan”

New Unofficial translation

Order No.301 of the Minister for Investments and Development of the Republic of Kazakhstan dated March 29, 2016, registered in the Ministry of Justice of the Republic of Kazakhstan on May 4, 2016 under No. 13685.

      In accordance with subparagraph 1) of article 10 of the Republic of Kazakhstan Law “On State Services” dated April 15, 2013 I hereby ORDER that:

      1. The attached standard of state service called “Issue of petition for investor visa receipt by non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan” shall be approved.

      2. The Investment Committee of the Ministry for Investments and Development of 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) sending of a this order copy in printed and electronic format for official publishing in printed periodicals and Adilet information and legal system within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan as well as to the Republican Center for legal information within five business days since the day of registered order receiving with the purpose of including it to the reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

      4) submission to the Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on performance of actions stipulated by sub-paragraphs 1), 2) and 3) of this paragraph, - within ten business days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

      3. Supervision over execution of this order shall be entrusted to supervising Vice-Minister for Investments and Development of the Republic of Kazakhstan.

      4. This order shall be enforced upon expiry of ten calendar days after its first official publication.

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

      "AGREED"

      Minister for National Economy

      Of the Republic of Kazakhstan

      _______________ Y. Dossayev

      April 2, 2016

  Approved by Order No. 301 of the
  Minister for Investments and
  Development of the Republic of
  Kazakhstan
  dated March the 29th 2016

The standard of the state service called “Issue of petition for investor visa receipt by non-residents of the Republic of Kazakhstan, carrying out the investment activities in the territory of the Republic of Kazakhstan”

1. General provisions

      1. The state service called “Issue of petition for investor visa receipt by non-residents of the Republic of Kazakhstan, carrying out the investment activities in the territory of the Republic of Kazakhstan” (hereinafter referred to as “state service”).

      2. The state service standard has been developed by the Ministry for Investments and Development of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

      3. The state service shall be provided by the Ministry (hereinafter referred to as service provider).

      Service provider shall accept application and issue the result of the state service provision.

2. The procedure for state service provision

      4. Timeline for provision of the state service:

      1) 11 (eleven) business days after the package of documents submitting to the service provider;

      2) maximum allowable expectation time for submitting the package of documents by the service recipient to the service provider shall be 20 (twenty) minutes;

      3) the maximum allowable time for servicing service recipient by the service provider shall be (fifteen) minutes.

      5. Format of the state service provision: paper.

      6. The result of the state service provision: petition for investor visa receipt by non-residents of the Republic of Kazakhstan, carrying out investment activities in the territory of the Republic of Kazakhstan, according to the form provided for by annex 1 to the Rules for issue of the petition for investor visa receipt by non-residents of the Republic of Kazakhstan, carrying out investment activities in the territory of the Republic of Kazakhstan, approved by order No.1265 of the Ministry for Investments and Development of the Republic of Kazakhstan dated December 29, 2015 (registered in the Register for state registration of regulatory legal acts under No. 13039).

      Form for provision of the result of the state service provision: paper.

      7. The state service shall be provided free of charge to physical individuals and legal entities (hereinafter referred to as service recipient).

      8. Service provider's work schedule: Monday through Friday from 09:00 to 18:30 with a lunch break from 13:00 to 14:30 except for days off and holidays in accordance with the labor legislation of the Republic of Kazakhstan.

      Acceptance of documents and issue of the result of the state service provision shall be carried out from Monday through Friday from 09:00 to 17:30 with a lunch break from 13:00 to 14:30.

      The state service shall be provided on first served basis, without preliminary registration and accelerated servicing.

      9. The list of documents required from service recipient (or his representative by proxy) for the state service provision:

      1) request for issue of petition for investor visa receipt by non-residents of the Republic of Kazakhstan, carrying out investment activities in the territory of the Republic of Kazakhstan, according to the form provided for by annex 1 to this state service standard;

      2) a copy of identity document of the person declared for investor visa receipt with translation to the state or Russian language (the passport shall be valid not less than three months prior to expiry date of the requested visa);

      3) a copy of certificate or record of state registration of applicant (if applicant is a legal entity);

      4) copy of applicant's charter (if applicant is a legal entity);

      5) a copy of document confirming position of applicant's director and/or deputy director as well as director of structural subdivisions (If applicant is a legal entity);

      6) a copy of documents confirming the fact of investments;

      7) recommendations from state authorities, quasi-public sector operators or international organizations (if any);

      8) a copy of contract on subsurface use if applicant operates in the mineral resources industry;

      9) agreements/memoranda on cooperation with state authorities, quasi-public sector operators (if any);

      10) auditor's report obtained as per results of applicant's financial reporting audit (If applicant is a legal entity);

      11) bank account statements s over the last six months (if applicant is a legal entity).

      Documents stipulated by sub-paragraphs 2), 3), 4), 5) and 6) of paragraph 9 of this state service standard shall be provided in the form of notarized copies.

      The confirmation of acceptance by the service provider of documents from service recipient shall be deemed as acknowledgment of documents acceptance according to the form as per annex 2 to this state service standard.

3. Procedure for appealing against decisions, actions (omission to act) of service provider and (or) its officials concerning issues of state services provision

      10. Appealing against decisions, actions (omissions) of service provider and (or) its officials concerning issues of state services provision shall be filed to attention of the service provider's director at the address: 32/1 Kabanbai Batyr avenue, Transport Tower building, Esil district, 010000 Astana, contact phone number: +7 (7172) 75-40-81.

      Complaint shall be submitted in writing by mail or by a courier through administrative support office of the service provider on business days.

      registration (stamp, incoming reference number and date) in service provider's administrative support office with indication of last name and initials of person, who accepted complaint, of deadline and venue for obtainment of a response to submitted complaint shall be deemed as confirmation for acceptance of a complaint.

      Complaint of service recipient, received to the service provider’s address, shall be subject to consideration within 5 (five) business days after the day of registration thereof. A motivated response about results of complaint consideration shall be sent to service recipient by mail or shall be issued in service provider's administrative support office.

      In case of disagreement with results of provided state service the service recipient shall file a complaint to authorized agency for assessment and supervision of quality of the state services provision.

      Service recipient's complaint received to the address of authorized agency for assessment and supervision of quality of the state service provision shall be considered within 15 (fifteen) business days since the day of registration thereof.

      11. In cases of disagreements with results of the provided state service the service recipient shall address the court according to procedure established by the Republic of Kazakhstan legislation.

4. Other requirements with due regard to peculiarities of the state service provision

      12. Addresses of state service provision have been posted on service provider's Internet-resource – www.mid.gov.kz, “State services” section.

      13. Service recipient has an opportunity of obtaining information about procedure and status of the state service provision remotely through calling the service provider on the telephone.

      14. Contact telephone numbers of reference services concerning issues of the state service provision +7 (7172)75-45-40, Unified call-center – 1414 or 8 800 080 70 70.

  Annex 1
  to the Standard of state service
  called “Issue of petition for investor
  visa receipt by non-residents of the
  Republic of Kazakhstan, carrying
  out investment activities in the
  territory of the Republic of
  Kazakhstan”

Request for issue of petition for investor visa receipt by non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan

  Form No. 1
  (for legal entity)

Details of applicant

Name of legal entity of the Republic of Kazakhstan


Information about registration (re-registration) of legal entity of the Republic of Kazakhstan (date, basis)


Location: legal address, actual location


Business identification number (BIN)


Director of the legal entity of the Republic of Kazakhstan
(last, first, patronymic (if any) name, telephone, fax, electronic mail)


Purpose of investment


Volume of investments to fixed assets with breaking down by years


Number of employees including citizens of the Republic of Kazakhstan


Grounds for petition receipt
(specify the relevant sub-paragraph/sub-paragraphs of paragraph 8 of these Rules)


Contact details
(telephone, fax, electronic mail)


Method for petition receipt
(by mail, by courier)


Data on person/persons, who filed application for investor visa receipt

Last, first, patronymic name (if any)


Date and place of birth


Citizenship


Identity document number


Validity period of identity document


Address of actual place of residence of person filing application for investor visa in the country of residence


Occupied position


Contact data
(telephone, fax, electronic mail)


_____________________________________
(Last, first, patronymic name (if available)
of director of legal entity of the Republic of Kazakhstan)

______________________________
(signature, seal and date)

  Form No. 2
  (for physical individual)

Details of applicant

Last, first, patronymic name (if any)


Date and place of birth


Citizenship


Identity document number


Validity period of identity document


Address of actual place of residence of person filing application for investor visa receipt in the country of residence


Purpose of investment


Volume of investments to fixed assets


Occupied position


Grounds for petition receipt
(specify relevant sub-paragraph/sub-paragraphs of paragraph 8 of these Rules)


Contact data
(telephone, fax, electronic mail)


Method of petition receipt
(by mail, by courier)


      ______________________________________                              _________________________

      (Last, first, patronymic name (if available) of applicant)                        (signature and date)

  Annex 2
  to the Standard of state service
  called "Issue of petition for investor
  visa receipt by non-residents of the
  Republic of Kazakhstan, carrying
  out investment activities in the
  territory of the Republic of
  Kazakhstan”
  Form

Acknowledgement of documents acceptance

Date of receipt

___________________________________

Service recipient

___________________________________

Service provider's employee, who accepted the request

___________________________________

Contact details of service recipient

___________________________________

List of documents submitted by service recipient with the purpose of the state service receiving


No. p/p

Document description

Record on availability

1.



2.



3.



4.



5.




      Signature of service provider _______________

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