Unofficial translation
Footnote. Abolished by the Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated May 30, 2022 No. 303 (effective sixty calendar days after the date of its first official publication).In accordance with subparagraph 24-9) of paragraph 2 of Article 100 of the Entrepreneurial Code of the Republic of Kazakhstan as of October 29, 2015, I hereby ORDER:
1. To approve:
1) the Rules and conditions for entering into an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan, as well grounds for its modification and termination in accordance with Appendix 1 to this order;
2) the standard form of an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan in accordance with Appendix 2 to this order.
2. The Committee for Industrial Development and Industrial Safety of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the website of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan;
3. Control over the execution of this order shall be entrusted to the supervising vice-minister of industry and infrastructure development of the Republic of Kazakhstan.
4. This order comes into effect on the day of its first official publication.
|
Minister of Industry and Infrastructure Development of the Republic of Kazakhstan |
B.Atamkulov |
| Appendix 1 to Order № 493 of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan as of September 23, 2020 |
Rules and conditions for entering into an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan, as well grounds for its modification and termination
Chapter 1. General Provisions
1. These Rules and conditions for entering into an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan, as well as grounds for its modification and termination (hereinafter referred to as the Rules) are developed in accordance with subparagraph 24-9) of paragraph 2 Article 100 of the Entrepreneurial Code of the Republic of Kazakhstan as of October 29, 2015 and establish the procedure and conditions for entering into an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan, as well as grounds for its modification and termination.
2. The following terms are used in these Rules:
1) vehicle - a device, including a technically complex product, intended for the transportation of people, goods or equipment installed on it, except for agricultural machinery;
2) industrial assembly of vehicles - a system of serial production of a vehicle, which includes the fulfillment of the requirements of the scoring system for assessing localization, in accordance with Appendices 1, 2 and 3 to these Rules;
3) an agreement on industrial assembly of a vehicle with legal entities of the Republic of Kazakhstan (hereinafter referred to as the agreement) - a civil contract entered into by the authorized body for state support of industrial activities (hereinafter referred to as the authorized body) and a legal entity of the Republic of Kazakhstan engaged in the production of a vehicle (hereinafter referred to as the manufacturer) in accordance with civil legislation, international treaties ratified by the Republic of Kazakhstan and these Rules.
4) component of a vehicle - an integral part of a vehicle’s structure, part, assembly unit, component, material, chemical, paint and varnish products and other components required for the production of a vehicle;
3. An agreement is concluded with the manufacturer for each code of the commodity nomenclature of foreign economic activity (hereinafter referred to as FEACN) of vehicles for a twenty-year period on the basis of the standard form of such an agreement, in accordance with Appendix 2 to this order.
Chapter 2. Procedure and conditions for entering into the agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan
4. The agreement on industrial assembly of vehicles according to FEACN codes of truck tractors (870120101 FEACN), buses (8702 FEACN), special equipment (8705 FEACN), cars (8703 FEACN) and trucks (8704 FEACN) with legal entities of the Republic of Kazakhstan, who have not earlier entered into an agreement on the industrial assembly of motor vehicles, is concluded in accordance with these Rules, after meeting the initial requirements of the localization scoring system, including the use of technological equipment in accordance with Appendix 1 of these Rules.
5. The agreement on FEACN codes of truck tractors, buses, special equipment, cars and trucks with legal entities of the Republic of Kazakhstan, who have earlier entered into an agreement (multilateral agreement) on the industrial assembly of motor vehicles terminating on December 31, 2020, is concluded only after the fulfillment of earlier assumed conditions and obligations of the agreement (multilateral agreement) on the industrial assembly of motor vehicles, including the performance of technological operations of welding and painting.
It is allowed to conclude a multilateral agreement on the industrial assembly of vehicles within the framework of the Agreement concluded with one of the legal entities of the Republic of Kazakhstan, except for a multilateral agreement on the industrial assembly of vehicles under the FEACN codes of cars.
Agreements that come into force after January 1, 2021 are subject to the requirements of the localization scoring system in accordance with these Rules and the conditions for concluding such agreements.
Fulfillment of earlier assumed conditions and obligations of the agreement on the industrial assembly of motor vehicles under the EAEU FEACN code 8704 gives the right to conclude an agreement on the EAEU FEACN codes 8701 and 8705.
6. Multilateral agreements on the FEACN EAEU codes 8701-8705, except for the FEACN EAEU code 8703, are concluded by the authorized body with a legal entity of the Republic of Kazakhstan that has fulfilled earlier assumed conditions and obligations of the agreement on the industrial assembly of motor vehicles, and with another legal entity of the Republic of Kazakhstan producing vehicles, provided that such a legal entity performs technological operations of welding and painting the body or cab within a period not exceeding two years of the conclusion of a multilateral agreement.
7. An agreement on FEACN codes of vehicles, except for truck tractors, buses, special equipment, cars and trucks, with legal entities of the Republic of Kazakhstan is concluded without the use of a scoring system for assessing localization in accordance with the technical operations established by Appendix 4 of these Rules, provided that basic funds are at least 700,000 times (seven hundred thousand) the size of the monthly calculation index.
8. During the validity period of the Agreement, subject to the localization scoring system, the legal entity produces vehicles according to the corresponding FEACN code when performing the following technological operations:
installation and affixment of the engine, connection of control mechanisms to the engine;
installation of the rear suspension and (or) the front suspension;
installation of a gas exhaust system;
installation and connection of the storage battery, with checking the on-board electrical circuits;
installation of road wheels;
filling with brake fluid and coolants;
checking the effectiveness of the braking system;
control tests of finished vehicles.
If there is an agreement on the industrial assembly of components of vehicles for garbage collection equipment and a fire superstructure compatible with the manufacturer’s chassis, the manufacturer of a garbage truck and firefighting equipment shall use such equipment in the production or ensure the performance of following technological operations:
cutting and bending of blanks, assembly, welding, painting of a body (bunker, container, tank (vessel) or special purpose superstructure);
assembly, welding of subframes (if any in the structure);
installation of a body (bunker, container), or a tank (vessel), or general (special) purpose superstructure and attachments;
installation of controls;
installation of an electrical system, a pneumatic system (if any in the structure), a hydraulic system (if any in the structure).
9. The requirements of the scoring system for assessing localization apply to agreements concluded from the date of entry into force, but not earlier than January 1, 2021 in accordance with these Rules and the terms of the conclusion of such Agreements, except for the Agreements specified in paragraph 7 of these Rules.
10. To conclude an Agreement in accordance with paragraph 4 of these Rules, the manufacturer sends a written request in any form to the authorized body.
The following documents are attached to the request within the framework of paragraph 4 of these Rules:
1) copies of documents confirming the enterprise’s organization of technological operations of welding, painting (including cataphoresis for cars) and assembly of the body (cab) of at least two models - for cars, at least one model - for truck tractors, buses, special equipment and trucks according to the corresponding FEACN code with a production capacity of the enterprise in a two-shift mode of operation of at least twenty-five thousand per year - for cars, at least ten thousand per year - for truck tractors, special equipment and trucks, at least one thousand two hundred a year - for buses.
Documents confirming the enterprise’s organization of technological operations of welding, painting (including cataphoresis for cars) and assembly of the body (cab) are:
certificate of commissioning of production facilities for welding, painting and assembly of the body (cab) with an indication of the type of equipment and production facility:
declaration of origin of equipment or certificate of origin of equipment for welding, painting and body assembly in accordance with the customs legislation of the Republic of Kazakhstan;
document confirming the license rights to manufacture a vehicle from the owner of the trademark and (or) the design of the vehicle;
copy of the vehicle type approval according to the relevant EAEU FEACN code, certified by the head of the manufacturer;
2) audited financial statements on the availability of production assets in accordance with the initial requirements of the localization scoring system specified in Appendix 1 of these Rules;
3) a draft schedule for the performance of the Agreement on the industrial assembly of vehicles with legal entities of the Republic of Kazakhstan in two copies, in the national and Russian languages in accordance with the form in Appendix 5 to these Rules (hereinafter referred to as the schedule), which is formed with account of technological operations.
11. To conclude an Agreement in accordance with paragraph 5 of these Rules, the manufacturer sends a written request in any form to the authorized body on or before December 31, 2020.
The following documents are attached to the request within the framework of paragraph 5 of these Rules:
1) copies of documents confirming the fulfillment of earlier assumed conditions and obligations of the agreement (multilateral agreement) on the industrial assembly of motor vehicles, including the performance of technological operations of welding and painting the body (cab) and reaching the design capacity in case of a failure to fulfill earlier assumed conditions and obligations of the agreement (multilateral agreement) on the industrial assembly of motor vehicles in terms of a failure to remedy or improper remedying of the identified violations within a month of receipt of a notification from the authorized body.
The documents conforming the fulfillment of earlier assumed conditions and obligations of the agreement (multilateral agreement) on the industrial assembly of motor vehicles are:
certificate of commissioning of production facilities for welding, painting and assembly of the body (cab) with an indication of the type of equipment and production facility:
certificate of acceptance of the facility into operation in accordance with the legislation of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities;
declaration of origin of equipment or certificate of origin of equipment for welding, painting and body assembly in accordance with the customs legislation of the Republic of Kazakhstan;
document confirming the license rights to manufacture a vehicle from the owner of the trademark and (or) the design of the vehicle;
copy of the vehicle type approval according to the relevant EAEU FEACN code, certified by the head of the manufacturer;
2) a draft schedule in two copies, in the national and Russian languages in accordance with the form in Appendix 5 to these Rules, which is formed with account of technological operations.
12. To conclude an Agreement in accordance with paragraph 7 of these Rules, the manufacturer sends a written request in any form to the authorized body.
The following documents are attached to the request within the framework of paragraph 7 of these Rules:
1) copies of documents confirming the enterprise’s organization of the production of vehicles, except for truck tractors, buses, special equipment, cars and trucks;
The documents confirming the enterprise’s organization of the production of vehicles, except for truck tractors, buses, special equipment, cars and trucks, are:
financial statements indicating fixed assets as of the date of submission, certified by the manufacturer’s signature:
document confirming the right to manufacture a vehicle;
2) a draft schedule in two copies, in the national and Russian languages in accordance with the form in Appendix 5 to these Rules, which is formed with account of technological operations.
13. The authorized body, within ten working days, considers the submitted documents, based on the results of which it makes a decision on concluding an Agreement or refusing to conclude an Agreement and notifies the manufacturer thereof in writing.
The authorized body has the right to organize a visit of the commission in order to verify the compliance and accuracy of the documents submitted by the manufacturer with prior notification of the manufacturer at least three working days. Based on the results of the on-site inspection, the commission makes a minutes’ decision and sends it to the manufacturer within three working days of the inspection. The timing of the organization of an on-site inspection is not included in the period of consideration of submitted documents by the authorized body in accordance with paragraphs 10, 11 and 12 of these Rules.
14. If a decision is made to conclude an Agreement, the authorized body sends a draft Agreement and a schedule in two copies, in the national and Russian languages to the manufacturer.
15. The manufacturer, within ten working days of receipt of the draft Agreement and the schedule, shall send copies of the draft agreement and schedule signed by the manufacturer, or a notification of a reasoned refusal to conclude the Agreement to the authorized body.
16. If a manufacturer fails to provide the authorized body with copies of the signed draft Agreement and the schedule plan by the deadline specified in paragraph 15 of these Rules, the manufacturer is considered to have refused to conclude an agreement.
17. Having received copies of the draft Agreement and the schedule, the authorized body, within five working days, signs, registers the Agreement and the schedule, and also sends one copy to the manufacturer.
Concluded agreements are registered by the authorized body.
18. The manufacturer is refused to conclude the agreement in case of:
1) submission of an incomplete package of documents specified in paragraphs 10, 11 and 12 of these Rules;
2) establishment of inaccuracy of the documents provided by the manufacturer and (or) the data (information) contained therein, also based on the result of the commission’s inspection.
Chapter 3. Grounds for modifying and terminating the agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan
19. The agreement is amended and (or) supplemented on such grounds as:
1) alterations to the legislation of the Republic of Kazakhstan concerning the activities of the manufacturer, provided that they do not lead to the worsening of the provisions of the agreement;
2) in case of exclusion of one of the parties, due to a failure to fulfill or improper fulfillment of the requirements of a multilateral agreement, or on the initiative of such a party;
3) the change in the name of a legal entity;
4) in any other cases provided for by the agreement and (or) the legislation of the Republic of Kazakhstan.
20. The agreement is terminated in the following cases:
1) by agreement of the parties;
2) the manufacturer’s failure to remedy revealed violations within the timeframe specified in the notification unilaterally at the initiative of the authorized body;
3) at the initiative of the manufacturer with prior notification to the authorized body;
4) in other cases provided for by the agreement and (or) the legislation of the Republic of Kazakhstan.
21. In case of termination on the grounds provided for in subparagraphs 2) and 3) of paragraph 20 of these Rules, the relevant party shall notify the other party in the manner provided for in the agreement thirty working days prior to the expected date of termination of the agreement.
22. If the Agreement is terminated due to the manufacturer’s failure to fulfill or improper fulfillment of the requirements of the Agreement, the manufacturer shall reimburse the benefits provided from the date of conclusion of the Agreement under the relevant FEACN code in accordance with the legislation of the Republic of Kazakhstan and the Agreement.
If a multilateral agreement is terminated by one of the parties due to a failure to fulfill or improper fulfillment of the requirements of the multilateral agreement, this violating party shall be reimburse all benefits provided to it from the date of the conclusion of the multilateral agreement.
Chapter 4. The scoring system for assessing the localization of production in relation to truck tractors, buses, special equipment, cars and trucks
23. As part of the performance of the Agreement, the authorized body assesses the manufacturer’s use of products and vehicle produced in the countries of the Eurasian Economic Union and the Republic of Kazakhstan in the manufacture of vehicles, as well as technological operations for the assembly of vehicles and other requirements, pursuant to which the manufacturer gets scores in accordance with Appendices 2 and 3 of these Rules for each FEACN code of the vehicle.
24. In order to stimulate manufacturers to use additional products and vehicle components produced in the countries of the Eurasian Economic Union and the Republic of Kazakhstan in the manufacture of vehicles, technological operations and other requirements, threshold scores are established in accordance with Appendices 2 and 3 of these Rules for the industrial assembly of vehicles, which increase every five years.
The threshold value that must be reached by the manufacturer at the conclusion and during the period of the Agreement is 3,000 points. Each subsequent five years, the threshold will increase by 2,000 points. In case of exceeding the points exceeding the threshold value set for the current period, these points are taken into account when calculating the threshold value for the next period.
25. If the manufacturer does not reach the threshold value during the period of the Agreement, the Agreement is terminated in accordance with subparagraph 2) of paragraph 20 of these Rules.
26. The authorized body sends the manufacturer a written confirmation of the assessment of the localization of the production of vehicles at the conclusion of the Agreement, indicating the points in accordance with Appendices 2 and 3 to these Rules (hereinafter referred to as the Letter of Confirmation).
27. The Letter of Confirmation is updated when the manufacturer uses additional products and vehicle components manufactured in the member countries of the Eurasian Economic Union and the Republic of Kazakhstan, technological operations and other requirements in accordance with Appendices 2 and 3 of these Rules for the industrial assembly of vehicles.
28. The Letter of Confirmation is updated pursuant to the manufacturer’s written application to the authorized body and in accordance with the Schedule with the submission of supporting documents.
29. The authorized body, within ten working days, considers the submitted documents, pursuant to which it issues an updated letter of confirmation or notifies the manufacturer in writing about the refusal to update in case of establishing the inaccuracy of the documents provided by the manufacturer and (or) the data (information) contained therein.
Initial requirements of the localization scoring system
№ | List of initial requirements for industrial assembly in the Republic of Kazakhstan |
1. | in relation to the manufacture of cars - for legal entities that have not earlier entered into an agreement on the industrial assembly of motor vehicles |
1) | Availability of production assets of at least 18 million MCI |
2) | Production capacity of at least 25 thousand units per year with a two-shift operation |
3) | Welding of a body of at least two models |
4) | Painting, including cataphoresis, of a body of at least two models |
5) | Vehicle assembly (installation of the power unit, rear axle, exhaust system, electrical elements, suspension elements, control tests of finished vehicles) |
2. | in relation to the manufacture of semitrailer tractors, buses, special equipment and trucks - for legal entities that have not earlier entered into an agreement on the industrial assembly of motor vehicles |
1) | Availability of production assets of at least 750 thousand MCI - in relation to truck tractors, buses, special equipment and trucks |
2) | Production capacity of at least 10 thousand units per year in a double-shift mode for truck tractors, special equipment and trucks and at least 1.2 thousand units for buses |
3) | Welding of a body of at least one model - for buses, welding of cab of at least one model - for truck tractors, special equipment and trucks |
4) | Painting of a body of at least one model - for buses, painting of a cab of at least one model - for semitrailer tractors, special vehicles and trucks |
5) | Vehicle assembly (installation of the power unit, rear axle, exhaust system, electrical elements, suspension elements, control tests of finished vehicles) |
6) | Cutting and bending of work pieces, assembly, welding, painting of the body or other attachments - in relation to special and cargo vehicles |
7) | Availability of a grinding room, a dry spray painting and drying rooms, as well as equipment for the following technological operations: grinding of the body, painting and drying of the base and intermediate layer, putty - in addition to subparagraph 1) of paragraph 2 of the initial requirements of the scoring system for assessing localization with regard to buses |
Scoring system for assessing localization in relation to the production of cars
№ | List of requirements for industrial assembly in the Republic of Kazakhstan | Scores |
1 | Fulfillment of the initial requirements of the localization scoring system for the production of cars - for legal entities that have not earlier entered into an agreement on the industrial assembly of motor vehicles | 3000 |
2 | Fulfillment of earlier assumed conditions and obligations of the agreement (multilateral agreement) on the industrial assembly of motor vehicles - for legal entities that have earlier entered into an agreement (multilateral agreement) on the industrial assembly of motor vehicles | 3000 |
3 | Additional investments in fixed assets of at least 50 thousand MCI | 500 |
4 | Body stamping (at least 50% of the black body weight) of one vehicle model | 500 |
5 | Body stamping (at least 50% of the black body weight) of an additional vehicle model | 500 |
6 | Welding the body of an additional vehicle model | 1000 |
7 | Painting of the body of additional vehicle model | 1000 |
8 | Use of products and vehicle components manufactured in the member countries of the Eurasian Economic Union and the Republic of Kazakhstan | |
1) | Engine | 500 |
2) | Gearbox | 500 |
3) | Variator | 500 |
4) | Storage battery* | 500 |
5) | Wheel disks * | 500 |
6) | Tires* | 500 |
7) | Bumper* | 500 |
8) | Seats* | 200 |
9) | Exhaust system | 100 |
10) | Diagnostic and remote control systems | 100 |
11) | Glass | 100 |
12) | Wiring harnesses* | 500 |
13) | Technical fluids: | |
a | Engine oil* | 50 |
b | Gearbox oil | 20 |
c | Brake fluid | 20 |
d | Coolant | 20 |
e | Windshield washer fluid | 10 |
14) | Filters* | 200 |
15) | Radiator | 100 |
16) | Tubes and hoses | 50 |
17) | Bearings | 50 |
18) | Seat belts | 50 |
19) | Air bags | 200 |
20) | Exterior lighting devices | 100 |
21) | Muffler and exhaust pipes | 50 |
22) | Brake system | 100 |
23) | Electronic engine control unit | 200 |
24) | Anti-lock braking system and electronic vehicle stability control units, valve body (modulator) | 200 |
25) | Electronic transmission control unit | 200 |
26) | Electronic control unit for body electronics | 200 |
27) | Instrument cluster control unit | 200 |
28) | Frame | 100 |
29) | Subframe | 100 |
30) | Spoiler | 100 |
31) | Steering system | 200 |
32) | Steering wheel | 50 |
33) | Mirrors | 50 |
34) | Infotainment devices, multimedia system | 100 |
35) | Paints and varnishes | 100 |
36) | Suspension or air suspension | 100 |
37) | Fuel tank (except for electric vehicles) | 50 |
38) | Axles and (or) axle reducers | 200 |
39) | Emergency call system unit, of EVAK or GLONASS type | 100 |
9 | Technological operations for the assembly of vehicles: | |
1) | Installation of engine | 200 |
2) | Installation of gearbox | 100 |
3) | Installation of variator | 100 |
4) | Installation of storage battery | 50 |
5) | Fitting of tires | 50 |
6) | Installation of bumper | 50 |
7) | Installation of spoiler | 20 |
8) | Installation of seat | 50 |
9) | Installation of radiator | 20 |
10) | Installation of exhaust system | 20 |
11) | Installation of the diagnostic and remote control system | 20 |
12) | Installation of glass | 20 |
13) | Installation of airbag | 50 |
14) | Installation of exterior lighting devices | 20 |
15) | Installation of brake system | 50 |
16) | Installation of electronic engine control unit | 50 |
17) | Installation of electronic transmission control unit | 50 |
18) | Installation of body electronics control unit | 50 |
19) | Installation of instrument cluster control unit | 20 |
20) | Installation of frame and/or subframes | 20 |
21) | Installation of steering system | 50 |
22) | Installation of steering wheel | 20 |
23) | Installation of infotainment system (multimedia system) | 20 |
24) | Installation of suspension and (or) air suspension | 20 |
25) | Installation of fuel tank | 20 |
26) | Installation of air conditioning | 100 |
27) | Installation of interior heating system | 50 |
28) | Installation of emergency call system unit, of EVAK or GLONASS type | 100 |
10 | Other requirements: | |
1) | Patents for inventions (for each patent received in the previous year) | 100 |
2) | R&D (for each 0.05% of revenue) | 50 |
3) | Application of green technologies that meet environmental standards (ISO 14001, ISO 9004, ISO 9001, ISO 9014) and/or participation in green projects/initiatives | 100 |
4) | Availability of training centers in the structure of the enterprise for the purpose of personnel training or personnel training in order to improve their qualifications | 100 |
5) | Implementation of the dual training system at the enterprise: the presence of contracts with higher educational institutions and colleges, curricula and plans | 30 |
6) | Availability of training infrastructure: equipped classrooms, training grounds, training equipment | 20 |
7) | Availability of a system of industrial internships and practice for students and teachers of higher and secondary educational institutions: internship programs, certificates, lists | 30 |
8) | Participation in state programs for professional training, dual training and human resource development | 30 |
9) | The use of digitalization technologies and (or) information technologies aimed at automating processes, increasing productivity and efficiency | 200 |
10) | For every 5% of the export of manufactured vehicles per year | 250 |
11) | Creation of a technological and/or industrial park for small component manufacturers | 200 |
* component parts and materials produced in the Republic of Kazakhstan. It is allowed to use components and materials not produced in the Republic of Kazakhstan in case of incompatibility of products and materials for the production of a vehicle with the provision of all necessary supporting documents to the authorized body using a coefficient of 0.5.
Localization scoring system for the production of truck tractors, special equipment, buses and trucks
№ | List of requirements for industrial assembly in the Republic of Kazakhstan | Scores |
1 | Fulfillment of the initial requirements of the localization scoring system for the production of truck tractors, special equipment, buses and trucks - for legal entities that have not earlier entered into an agreement on the industrial assembly of motor vehicles | 3000 |
2 | Fulfillment of earlier assumed conditions and obligations of the agreement (multilateral agreement) on the industrial assembly of motor vehicles - for legal entities that have earlier entered into an agreement (multilateral agreement) on the industrial assembly of motor vehicles | 3000 |
3 | Additional investments in fixed assets of at least 100 thousand MCI | 500 |
4 | Stamping the body/cab of an additional vehicle model (no more than 3 models) | 500 |
5 | Welding of the body/cab of an additional vehicle model (no more than 3 models) | 500 |
6 | Paining of the body/cab of an additional vehicle model (no more than 3 models) | 500 |
7 | Use of products and vehicle components manufactured in the member countries of the Eurasian Economic Union and the Republic of Kazakhstan | |
1) | Engine | 500 |
2) | Gearbox * | 500 |
3) | Variator | 500 |
4) | Storage battery* | 500 |
5) | Wheel disks * | 500 |
6) | Tires* | 500 |
7) | Bumper* | 500 |
8) | Seats* | 200 |
9) | Exhaust system* | 100 |
10) | Diagnostic and remote control systems | 100 |
11) | Glass | 100 |
12) | Wiring harnesses* | 500 |
13) | Technical fluids: | 200 |
a | Engine oil* | 50 |
b | Gearbox oil | 20 |
c | Brake fluid | 20 |
d | Coolant | 20 |
e | Windshield washer fluid | 10 |
14) | Filters* | 200 |
15) | Radiator | 100 |
16) | Tubes and hoses | 50 |
17) | Bearings | 50 |
18) | Seat belts | 50 |
19) | Air bags | 200 |
20) | Exterior lighting devices | 100 |
21) | Muffler and exhaust pipes | 50 |
22) | Brake system | 100 |
23) | Electronic engine control unit | 200 |
24) | Anti-lock braking system and electronic vehicle stability control units, valve body (modulator) | 200 |
25) | Electronic transmission control unit | 200 |
26) | Electronic control unit for body electronics | 200 |
27) | Instrument cluster control unit | 200 |
28) | Frame | 100 |
29) | Subframe | 100 |
30) | Steering system | 200 |
31) | Steering wheel | 50 |
32) | Mirrors | 50 |
33) | Infotainment devices, multimedia system | 100 |
34) | Paints and varnishes | 100 |
35) | Suspension or air suspension | 200 |
36) | Fuel tank (except for electric vehicles) | 50 |
37) | Axles and (or) axle reducers * | 500 |
38) | Main gear of the driving axle of a cargo vehicle | 200 |
39) | Emergency call system unit, of EVAK or GLONASS type | 100 |
40) | General and (or) special purpose superstructure: | |
a | Truck crane | 100 |
b | Refrigerator | 100 |
c | Tank* | 500 |
d | Tipper body | 100 |
e | Onboard platform | 75 |
f | Fire truck * | 500 |
h | Garbage truck * | 500 |
i | Reanimobile | 100 |
j | Medical vehicle | 100 |
k | Prisoner transport vehicle | 100 |
l | Tow truck | 100 |
m | Car to disperse demonstrators | 100 |
n | Utility road vehicles | 100 |
o | Manufactured goods van | 100 |
p | Isothermal van | 100 |
r | Dump truck | 100 |
s | Other special purpose superstructures | 100 |
t | Other general purpose superstructures | 100 |
8 | Technological operations for the assembly of vehicles: | |
1) | Installation of engine | 100 |
2) | Installation of gearbox | 100 |
3) | Installation of storage battery | 20 |
4) | Fitting of tires | 50 |
5) | Installation of bumper | 50 |
6) | Installation of seat | 20 |
7) | Installation of radiator | 20 |
8) | Installation of exhaust system | 20 |
9) | Installation of glass | 20 |
10) | Installation of airbag | 50 |
11) | Installation of exterior lighting devices | 20 |
12) | Installation of brake system | 50 |
13) | Installation of electronic engine control unit | 50 |
14) | Installation of electronic transmission control unit | 50 |
15) | Installation of body electronics control unit | 50 |
16) | Installation of instrument cluster control unit | 20 |
17) | Installation of frame, subframes | 20 |
18) | Installation of steering system | 20 |
19) | Installation of steering wheel | 50 |
20) | Installation of infotainment system (multimedia system) | 20 |
21) | Installation of suspension and (or) air suspension | 20 |
22) | Installation of fuel tank | 20 |
23) | Installation of air conditioning | 100 |
24) | Installation of interior heating system | 50 |
25) | Installation of emergency call system unit, of EVAK or GLONASS type | 100 |
26) | Installation of general and (or) special purpose superstructure on the chassis: | |
a | Truck crane | 100 |
b | Refrigerator | 100 |
c | Tank | 100 |
d | Tipper body | 100 |
e | Fire truck | 100 |
f | Garbage truck | 100 |
g | Reanimobile | 100 |
h | Medical vehicle | 100 |
i | Prisoner transport vehicle | 100 |
j | Tow truck | 100 |
k | Car to disperse demonstrators | 100 |
l | Utility road vehicles | 100 |
m | Manufactured goods van | 100 |
n | Isothermal van | 100 |
o | Onboard platform | 100 |
p | Dump truck | 100 |
q | Other general purpose superstructures | 100 |
r | Other special purpose superstructures | 100 |
9 | Other requirements | |
1) | Patents for inventions (for each patent received in the previous year) | 100 |
2) | R&D (for each 0.05% of revenue) | 50 |
3) | Application of green technologies that meet environmental standards (ISO 14001, ISO 9004, ISO 9001, ISO 9014) and/or participation in green projects/initiatives | 100 |
4) | Availability of training centers in the structure of the enterprise for the purpose of personnel training or personnel training in order to improve their qualifications | 100 |
5) | Implementation of the dual training system at the enterprise: the presence of contracts with higher educational institutions and colleges, curricula and plans | 30 |
6) | Availability of training infrastructure: equipped classrooms, training grounds, training equipment | 20 |
7) | Availability of a system of industrial internships and practice for students and teachers of higher and secondary educational institutions: internship programs, certificates, lists | 30 |
8) | Participation in state programs for professional training, dual training and human resource development | 30 |
9) | The use of digitalization technologies and (or) information technologies aimed at automating processes, increasing productivity and efficiency | 200 |
10) | For every 5% of the export of manufactured vehicles per year | 250 |
11) | Creation of a technological and/or industrial park for small component manufacturers | 200 |
* component parts and materials produced in the Republic of Kazakhstan. It is allowed to use components and materials not produced in the Republic of Kazakhstan in case of incompatibility of products and materials for the production of a vehicle with the provision of all necessary supporting documents to the authorized body using a coefficient of 0.5.
Technological operations for the production of vehicles, except for truck tractors, buses, special equipment, cars and trucks
Note:
*EAEU FEACN – a unified commodity nomenclature of foreign economic activity of the Eurasian Economic Union.
** Technological operations are used in the presence of the mentioned parts and assembly units in the vehicle structure.
Schedule for the performance of an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan
№ | Code of EAEU FEACN * | Name of a vehicle according to FEACN code | Technological operations for the production of a vehicle | Deadlines |
1 | 2 | 3 | 4 | 5 |
Note:
* EAEU FEACN - a unified commodity nomenclature of foreign economic activity of the Eurasian Economic Union.
Authorized body |
Manufacturer |
|
___________________________________________ |
Date “__”___________ 20__
| Appendix 2 to Order № 493 of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan as of September 23, 2020 |
Standard Form of an agreement for industrial assembly of vehicles with
legal entities of the Republic of Kazakhstan
city of Nur-Sultan _________________
(day, month, year)
This agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan (hereinafter referred to as the Agreement) entered into by
_________________________________________________________________________
(name of the authorized body)
represented by_____________________________________________________________
(surname, name, patronymic (if any)
of the head or the person acting for him/her) acting on the basis of
_________________________________________________________________________,
_________________________________________________________________________
(hereinafter referred to as the Authorized body) and (document confirming the authority)
________________________________________________________________________,
(name of the legal entity of the Republic of Kazakhstan)
represented by____________________________________________________________,
(surname, name, patronymic (if any) of
the chief executive officer or other authorized person) acting on the basis of
________________________________________________________________________
(hereinafter referred to as the Manufacturer), (document confirming the authority)
hereinafter referred to as the Parties, taking into account that:
1) the Authorized body is endowed with rights directly related to the conclusion and control over the performance of this Agreement;
2) the Parties have agreed that the Agreement will govern their mutual rights and obligations in the course of its performance, and have entered into this Agreement as follows.
Chapter 1. Scope of the Agreement
1. The scope of this Agreement is the interaction of the Parties to establish and implement mutual obligations and guarantees in the industrial assembly of vehicles aimed at the development of the production of vehicles with account of the state support of the Republic of Kazakhstan.
2. If alterations introduced in the legislation of the Republic of Kazakhstan regulating the provision of state support measures worsen the situation, it is necessary to apply the norms of the legislation effective at the time of entry into force of the Agreement.
Chapter 2. Obligations and Rights of the Parties
3. The manufacturer undertakes:
1) to ensure industrial assembly of vehicles;
2) to ensure that the requirements of the localization scoring system are met;
3) to reach the threshold value of the localization scoring system every five years after the conclusion of the agreement;
4) at the request of the Authorized Body, to provide all the necessary documents for the fulfillment of its obligations, as well as show the production capacity and (or) the technological operations carried out during the on-site inspection of the commission;
5) after the elimination of the identified violations, to send a notification to the Authorized Body about their elimination with the provision of supporting documents within a month.
4. The Authorized body undertakes:
1) not to modify the Agreement in the event of introduction of alterations to the legislation of the Republic of Kazakhstan concerning the activities of the Manufacturer, which will worsen the terms of the Agreement;
2) to monitor the performance of the Agreement;
3) to provide the manufacturer, within three working of the Authorized body’s inspection, with a minutes’ opinion on the manufacturer’s performance, failure to perform or improper performance of the obligations assumed under the agreement;
4) other obligations provided for by the legislation of the Republic of Kazakhstan.
5. The Manufacturer has the right:
1) to take any actions consistent with the terms of the agreement and the current legislation of the Republic of Kazakhstan in order to implement the obligations assumed;
2) to send proposals regarding the introduction of additional measures of state support for manufacturers who have entered into agreements to the Authorized Body;
3) to protect its rights in any way in accordance with the legislation of the Republic of Kazakhstan, and to full compensation for the losses incurred by it:
as a result of the issuance of an act of a state body that does not comply with the legislation, as well as those caused by the actions (inaction) of officials of these bodies;
as a result of the breach of the obligations under this Agreement by the Authorized body;
4) during the validity period of the Agreement, subject to the localization scoring system, to produce vehicles according to the corresponding FEACN code when performing the following technological operations:
installation and affixment of the engine, connection of control mechanisms to the engine;
installation of the rear suspension and (or) the front suspension;
installation of a gas exhaust system;
installation and connection of the storage battery, with checking the on-board electrical circuits;
installation of road wheels;
filling with brake fluid and coolants;
checking the effectiveness of the braking system;
control tests of finished vehicles.
If there is an agreement on the industrial assembly of components of vehicles for garbage collection equipment and a fire superstructure compatible with the manufacturer’s chassis, the manufacturer of a garbage truck and firefighting equipment shall use such equipment in the production or ensure the performance of following technological operations:
cutting and bending of blanks, assembly, welding, painting of a body (bunker, container, tank (vessel) or special purpose superstructure);
assembly, welding of subframes (if any in the structure);
installation of a body (bunker, container), or a tank (vessel), or general (special) purpose superstructure and attachments;
installation of controls;
installation of an electrical system, a pneumatic system (if any in the structure), a hydraulic system (if any in the structure).
5) to carry out, jointly with other Kazakhstani legal entities, certain operations during industrial assembly;
6) other rights provided for by the legislation of the Republic of Kazakhstan.
6. The Authorized Body has the right:
1) to request the necessary information on the performance of the agreement;
2) to carry out on-site inspections no more than twice a year in order to monitor compliance with the requirements established by this Agreement;
3) to update the scoring system for assessing localization when the production of individual components and (or) technical operations for the assembly of vehicles appears in the Republic of Kazakhstan;
4) to develop proposals regarding the introduction of additional measures of state support for manufacturers who have entered into agreements and submit them for approval to the Government of the Republic of Kazakhstan;
5) other rights provided for by the legislation of the Republic of Kazakhstan.
Chapter 3. Liabilities of the Parties
6. For a failure to perform or improper performance of the Agreement, the Parties shall be liable in accordance with this Agreement and the current legislation of the Republic of Kazakhstan.
7. In case of a failure to perform or improper performance of the Agreement, the Authorized body shall send a written notification to the Manufacturer about the need to remedy the violations, indicating the identified violations.
The Manufacturer shall remedy violations within a month of receipt of the notification.
8. The Parties have the right to early terminate this Agreement:
1) by agreement of the Parties;
2) if the Manufacturer fails to remedy the identified violations in accordance with paragraph 7 of this Agreement by the deadline specified in the notification unilaterally at the initiative of the Authorized body;
3) in case of force majeure;
4) in other cases provided for by the Agreement and (or) the legislation of the Republic of Kazakhstan.
9. The Authorized body has the right to terminate this Agreement unilaterally by notifying the Manufacturer in writing 30 (thirty) working days prior to the expected date of termination of the Agreement in cases of:
1) the Manufacturer’s failure to fulfill or improper fulfillment of its obligations under the Agreement;
2) a failure to remedy violations caused by the Manufacturer’s non-fulfillment or improper fulfillment of its obligations under the Agreement within the time frame specified in the Authorized body’s notification about such violations.
10. The Manufacturer has the right to terminate this Agreement unilaterally by notifying the Authorized body in writing 30 (thirty) working days before the date of termination of the Agreement in case of the Authorized body’s failure to fulfill or improper fulfillment of its obligations under the Agreement.
Chapter 4. Force Majeure
11. Neither Party shall be liable for a failure to fulfill any obligations under the Agreement if such a failure or delay in fulfillment is caused by force majeure circumstances (hereinafter referred to as force majeure).
12. Force majeure includes military conflicts, natural disasters, acts of God (fires, major accidents, disruption of communications, etc.), and other extraordinary and unavoidable events.
13. In the event of force majeure circumstances, the Party affected by them, within 15 (fifteen) working days of their occurrence, notifies the other Party by delivery of a written notice indicating the start date of the event and a description of the force majeure circumstances.
14. In the event of force majeure, the Parties shall immediately conduct negotiations to address the current situation and use all means to minimize the consequences of such circumstances.
Chapter 5. Confidentiality
15. In accordance with the legislation of the Republic of Kazakhstan, the Parties comply with the confidentiality conditions for all documents, information and reports related to the work on the performance of this Agreement during its validity period.
16. Neither Party has the right to disclose information regarding the content of the Agreement, or other information considered confidential and related to the implementation of the provisions of this Agreement without obtaining the written consent of the other Party, except for the cases below:
1) when information is used in the course of legal proceedings;
2) when information is provided to third parties that provide services to one of the Parties under the agreement, provided that such a third party undertakes to comply with the confidentiality conditions for such information and use it only for the purposes established by the Parties and for a period specified by the Parties;
3) when information is provided to a bank or other financial institution from which the Party receives financial resources, provided that such a bank or financial institution undertakes to comply with the confidentiality conditions for such information;
4) when information is provided to the tax or other state bodies of the Republic of Kazakhstan that have access to any information, including bank secrets, related to any bank accounts of the Manufacturer, including those with foreign banks outside the Republic of Kazakhstan.
Chapter 6. Settlement of disputes
17. Any dispute between the Parties regarding the interpretation or application of this Agreement shall be resolved through consultation and negotiation.
18. Unresolved disputes are resolved in court in accordance with the legislation of the Republic of Kazakhstan.
Chapter 7. Final provisions, entry into force and termination of the Agreement
19. This Agreement is concluded for 20 years with an option to renew it and is valid until _____ .
20. Drawn up in the city of _____ on “___” ____________ ______ in two copies, each in the Kazakh and Russian languages having the same legal force, 1 (one) copy for each Party. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties refer to the text in Russian.
Authorized body |
Manufacturer |
____________________________________________ |
_____________________________________________ |
| Appendix to the Standard form of the agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan |
Schedule for the performance of an agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan
№ | Code of EAEU FEACN* | Name of a vehicle according to FEACN code | Technological operations for the production of a vehicle | Deadlines |
1 | 2 | 3 | 4 | 5 |
Note:
* EAEU CN of FEA - a unified commodity nomenclature of foreign economic activity of the Eurasian Economic Union.
Authorized body |
Manufacturer |
|
___________________________________________ |
Date “__”___________ 20__
