On approval of the Rules for financing activities related to subsidizing the management system of agricultural production

New Unofficial translation

resolution of the Government of the Republic of Kazakhstan dated April 16, 2010 № 319

      Unofficial translation

      In order to implement the Law of the Republic of Kazakhstan dated December 7, 2009 "On republican budget for 2010 - 2012" the Government of the Republic of Kazakhstan hereby RESOLVED as follows:

      1. To approve the attached Rules for financing activities related to subsidizing the management system of agricultural production.

      2. This resolution shall be enforced after its first official publication.

      Prime Minister of the Republic of Kazakhstan K. Massimov

  Approved
by resolution of the Government
of the Republic of Kazakhstan
dated April 16, 2010 № 319

Rules
for financing activities related to subsidizing the management system of agricultural production.

1. General provisions

      1. These Rules for financing activities related to subsidizing the management system of agricultural production. (hereinafter referred to as the Rules) shall be developed in accordance with the Laws of the Republic of Kazakhstan dated July 8, 2005 "On state regulation of development of agro-industrial complex and rural areas" dated December 7, 2009 "On republican budget for 2010 - 2012" and shall define the procedure for financing measures related to subsidizing the cost of services for the development, implementation and certification of international standards of enterprises of agro-industrial complex.

      2. Financing activities related to subsidies shall be financed from the republican budget for the relevant years (hereinafter referred to as the funds) under the republican budget program 051 "Subsidies of management systems of agricultural production" (hereinafter referred to as the program).

      3. The following concepts and definitions shall be used in these Rules:

      1) program administrator - Ministry of Agriculture of the Republic of Kazakhstan;

      2) selection - identification of participating customers participating in the program for allocation of funds provided for in the republican budget for 2010 - 2012;

      3) compliance confirmation body - a legal entity accredited in accordance with the established procedure to perform compliance confirmation works;

      4) certification - a procedure by which the confirmation authority shall certify in writing the conformity of the products, services with the established requirements;

      5) the customer – the entity of the agro-industrial complex, being at the stage of development, implementation and certification of international standards, having submitted an application according to the form of Annex 1 to these Rules;

      6) participating customers - customers participating in the program;

      7) the involved consultant - the legal entity or individual, carrying out consulting (consulting) services in development, introduction of the international standards;

      8) the international standard - the standard adopted by the international organization for standardization and accessible to a wide range of consumers;

      9) the staff consultant - the individual, the customer's employee, carrying out consulting (consulting) services in development, introduction of the international standards.

2. Procedure for financing activities related to subsidizing the cost of services for the
development, implementation and certification of international standards of enterprises
of agro-industrial complex

      4. In order to allocate funds for financing activities related to subsidizing the cost of work on the development, implementation and certification of international standards of enterprises of agro-industrial complexes, the administrator of the program shall perform selection among customers.

      5. The amount of funds paid from the republican budget shall not be more than 50% of the expenses of the customer-participant from the total cost of the project for the development, implementation and certification of international standards.

      6. For carrying out selection of the customers participating in implementation of the program, the administrator of the program:

      1) forms a commission consisting of the chairman, members and secretary of the commission. The size of the commission should be odd and at least five;

      2) sends an invitation to all customers on the list presented by the agriculture departments of akimats of the regions, cities of Almaty, Astana (hereinafter referred to as the department).

      7. The program administrator shall select customers participating in the program and meet the following criteria:

      1) resident of the Republic of Kazakhstan (for legal entities);

      2) citizen of the Republic of Kazakhstan (for individuals);

      3) absence of tax arrears and arrears on other mandatory payments to the budget.

      8. The Customer shall use an international standard, the implementation of which shall be provided by the engaged consultant, or shall introduce it independently if there is a quality service in the structure of the enterprise, consisting of regular employees, of at least two people.

      9. Requirements to the engaged consultant:

      1) availability of qualified specialists in the field of development, implementation and further confirmation of compliance of international standards with corresponding diplomas, certificates of completion of seminars, courses, and experience of work on development and implementation of international standards (for legal entities);

      2) availability of a corresponding diploma, certificates of completion of seminars, courses, and experience in the development and implementation of international standards (for individuals).

      10. Staff consultant requirements:

      1) availability of relevant diplomas, certificates of completion of seminars, courses and experience in the development and implementation of international standards;

      2) work experience of at least two years by a customer quality service employee.

      11. Customers wishing to participate in the selection shall submit to the commission an application in the form according to Annex 1 to these Rules, signed by the first head of the customer or a person with a duly executed power of attorney for the right to sign the application, sealed by the customer's seal, in a sealed envelope.

      12. The following shall be attached to the application as an integral part by the customer:

      1) notarized copy of the certificate of the taxpayer of the Republic of Kazakhstan;

      2) the original certificate of the established form of the corresponding tax authority on the absence or presence of tax debts and debts on other mandatory payments to the budget, issued not more than three months before the date of opening of envelopes with applications, signed by the first leader or person entitled to sign with the seal of the corresponding tax authority;

      3) the curriculum vitae of the main employees of the customer rendering consulting (consulting) services (a surname, a name, a patronymic name, a position, education, professional experience, participation in the implemented projects and contact information with the application of the copies of the corresponding diplomas, certificates on the end of seminars, courses certified in accordance with the established procedure);

      4) a notarized copy of the certification agreement between the customer and the conformity confirmation body;

      5) power of attorney for the right to sign the application, in case the application is not signed by the first head of the customer;

      6) notarized copies of certificates of state registration (re-registration) of the customer;

      7) the notarized copy of the agreement for rendering consulting (consulting) services in development, introduction of the international standards with the engaged consultant;

      8) for the engaged consultant: notarized copies of certificates of state registration (re-registration) for legal entities, and notarized copies of certificates of state registration of an individual entrepreneur for individuals;

      9) summary information on the engaged consultant (history of the company's development, main directions of the company's activity, information on implemented projects on development, implementation of international standards, experience of working with enterprises on processing of agricultural products on development, implementation of international standards);

      10) information about clients of the engaged consultant (address, contact numbers, e-mail,) who implemented international standards;

      11) ) the curriculum vitae of the main employees of the engaged consultant (for legal entities) providing consulting services (surname, first name, patronymic name, position, education, professional experience, participation in implemented projects and contact information with the Annex of copies of the corresponding diplomas, certificates of completion of seminars, courses certified in accordance with the established procedure).

      The documents referred to in subparagraphs 7), 8), 9), 10) and 11) of this paragraph shall be provided by the customer if a consultant is engaged.

      13. The application and all the attached documents shall be bound in one bag, numbered, at the turn of the last page the ends of the thread shall be sealed with a sheet of paper with the words "Bound and numbered ____ sheets. Date "____"_________ 20 __ ", signed by the customer's official and sealed with the customer's seal. If there are no separate documents in the envelope, such documents are not considered by the commission and returned to the customer.

      14. According to the procedure of opening envelopes with applications within 5 (five) working days, a protocol of opening envelopes with applications shall be drawn up, signed by the chairman and members of the Commission.

      15. The Commission shall, within 15 (fifteen) working days from the date of opening of envelopes with applications at a separate meeting, consider the customers' applications for their completeness and compliance with the requirements of these Rules.

      16. Customers fully meeting the requirements of these Rules shall be determined by the decision of the commission by the participating customers.

      17. The percentage of funds allocated to each customer-participant to finance activities related to subsidization of costs shall be determined by the commission directly in proportion to the amounts of the customer's costs from the total cost of the project for the development, implementation and certification of international standards.

      18. At the meeting of the commission the minutes of consideration of submitted documents and evaluation of applications (hereinafter referred to as the minutes of the meeting of the commission) shall be kept. The results of the commission's decision shall be reflected in the minutes of the commission meeting, which shall specify the name, location of the participating customers, the criteria on the basis of which the participating customers are determined, the amount of subsidies to the participating customers, as well as the name of the customers who do not meet the established requirements, and the reasons for rejection of the applications.

      19. The minutes of the meeting of the commission shall be drawn up within 5 (five) working days from the date of the meeting, signed by the chairman and members of the commission. The commission's decision shall be communicated in writing to all customers.

      20. Within 30 (thirty) calendar days from the date of notification of the participating customers, an agreement shall be concluded between the program administrator and the participating customer, providing for the procedure and conditions for the transfer of funds, liability of the parties and other conditions.

      21. Work on the development, implementation and certification of international standards should be completed by December 1, of the relevant year.

      22. In order to receive subsidies, the customer-participant submits to the program administrator the following supporting documents:

      1) applications for financing of activities related to subsidizing the costs of the customer-participant for the development, implementation and certification of international standards in accordance with Annex 2 to these Rules;

      2) notarized copies of certificates of performed works (accounting) signed by the engaged consultant (in case of engagement of the consultant) and the customer-participant;

      3) notarized copies of certificates of performed certification works (accounting) signed by the conformity confirmation body and the customer-participant;

      4) copies of payment orders and invoices on payment by the customer-participant of the services of the engaged consultant (in case of engagement of the consultant) and the body on confirmation of compliance with the seal and signature of the customer-participant, or copies of other documents confirming payment of the services;

      5) notarized copies of quality certificate.

      23. The documents referred to in paragraph 22 of these Rules shall be submitted to the program administrator by the customer-participant no later than December 10, of the relevant year.

      24. The Budget Program Administrator shall, after reviewing the supporting documents, draw up a list for the payment of grants in two copies in accordance with Annex 3 to these Rules and the invoice payable.

      25. In order to pay subsidies to participating customers, the program administrator to territorial divisions of the Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan submits a register of accounts payable in two copies and an invoice payable.

      26. In case of incomplete allocation of funds during selection, as well as refusal of the grant by the participating customers, the program administrator performs re-selection, with approval of the date and place of selection.

      Re-selection shall be in accordance with these Rules.

      27. The first head of the budget program administrator shall be responsible for the failure to achieve the results of the budget program provided for by the Laws of the Republic of Kazakhstan.

  Annex 1
to Rules for financing
activities, related to
subsidies of management
systems of agricultural
production

Application

      _________________________________________________________(customer’s name)

      desiring to take part in implementation of the republican budget program 051”Subsidies of management systems of agricultural production”

      1. Information about participating customer in implementation of the program

      Full name ______________________________________

      Legal address__________________________________

      Actual address, phones, fax, e-mail address___________

      Size of authorized capital, KZT___________________

      Equity size, KZT______________________________

      Shareholders__________________________________

      Bank details___________________________________

      Full name of the Head, service and home telephones______________________________________

      Types of primary activity _________________________

      Annual turnover, the sum _________________________

      Actual number of workers _________________________

      2. Brief description of the consultant involved

      Full name ______________________________________

      Experience in development, implementation of quality management systems

      in the enterprises for processing of agricultural products ____________________________________________

      The number of the enterprises which received the certificate ___________________

      Legal address __________________________________

      Actual address, phones, fax, e-mail address ____________

      Shareholders____________________________________

      Full name of the first manager, service and home phones

      ________________________________________________________________

      Number of workers _____________________________

      3. Short project description

      Total cost of the project ___________________________

      Terms of payment _______________________________

      Start date and completion of works on the project ______

№ r/n

Name of stages and types of works
 

Amount
(KZT)

Start date and completion of works

From them
the act, submitted
executed works





















      4. The planned results from implementation of the project ___________

      ________________________________________________________________

      ________________________________________________________________

      ________________________________________________________________

      ___________________ seal

      (position, full name)

      (signature, date)

  Annex 2
to Rules for financing
activities, related to
subsidies of management systems
of agricultural production

Application

for financing activities related to subsidies of customer-participant expenses to develop,
implement, and certifications of the international standards

      Date ____ ___________ 20 __.

      The customer-participant hereby ____________________ requests

      The Ministry of Agriculture of the Republic of Kazakhstan to list according to the Agreement on subsidizing the cost of services on development, implementation and certification of international standards dated_________ 20__ № _ _ funds from the republican budget for the account of the customer № ______ in (bank name), under the republican budget program 051 "Subsidies of management systems of agricultural production",

      in total KZT___________. seal

      __________________________ ________________________

      (name of the enterprise) (signature and full name of

      the first head)

  Annex 3
to Rules for financing
activities, related to
subsidies of management systems
of agricultural production
 
“Approved”
  Responsible Secretary
  of the Ministry of Agriculture
  of the Republic of Kazakhstan
  _________________________
  dated “________”
  ________20____№__

Sheet
for the payment of subsidies under the republican budget program
051 "Subsidizing production control systems of agricultural products"


r/n

Name of the customer

№ and date of the agreement
for subsidizing
 

In total
it is rendered
services on
sum
(KZT)

Including

Due value
(KZT)

consulting

certified








      Amount of due value _________________KZT.

      (figures, in letters)

      Director, Department of development

      of processing industry

      agricultural production markets _________________

      Department director

      of financial security _________________

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