On Approval of the Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan

New Unofficial translation

Order No. 1265 of the Minister for the Investments and Development of the Republic of Kazakhstan dated December 29, 2015. Registered in the Ministry of Justice of the Republic of Kazakhstan on February 10, 2016 under No.13039.

      Unofficial translation

      In compliance with paragraph 7 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015 and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" I HEREBY ORDER:

      Footnote. Preamble as reworded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4 / 184 dated 03.06.2020 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      1. The attached Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the 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 the Republic of Kazakhstan (Ye.K. Khairov) shall ensure:

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

      2) its electronic and hard copies sending periodic printed press and to Adilet information and legal system for official publication, and to the Republic Center for Legal Information for registration in the reference control bank of regulatory legal acts of the Republic of Kazakhstan upon the expiry of ten calendar days after the state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

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

      4) submission of the data on performance of the activities provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this order to the Legal Department of the Ministry for Investments and Development of the Republic of Kazakhstan upon the expiry of ten business days after the state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

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

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

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

      "AGREED"

      Minister of Foreign Affairs of the

      Republic of Kazakhstan

      E.A. Idrissov _____________

      dated on December 29, 2015

      "AGREED"

      Chairman of the National

      Security Committee of the

      Republic of Kazakhstan

      V.Z.Zhumakanov _____________

      dated January 5, 2016

      "AGRRED"

      Minister of Internal Affairs of the

      Republic of Kazakhstan

      K.N.Kassymov _____________

      dated December 30, 2015

  Approved
by order of the Minister for
Investments and Development
of the Republic of Kazakhstan
No. 1265 dated December 29, 2015

Rules for issuing a petition for an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the Republic of Kazakhstan

      Footnote. Rules as reworded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4 / 184 dated 03.06.2020 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for issuing a petition for an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan (hereinafter referred to as the Rules) have been developed pursuant to paragraph 7 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015, subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter referred to as the Law "On Public Services") and determine the procedure for the provision of the public service "Issue of a Petition for an Investor Visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the Territory of the Republic of Kazakhstan (hereinafter - public service).

      The public service shall be provided by the Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter the Service Provider).

      2. The following basic concepts are used in these Rules:

      1) Government for Citizens State Corporation (hereinafter - the State Corporation) - a legal entity established by the decision of the Government of the Republic of Kazakhstan for the provision of public services, services on issuance of technical specifications for connection to networks of natural monopoly entities and services of the quasi-public sector entities in compliance with the legislation of the Republic of Kazakhstan, organization of work on receipt of applications for public services, services related to the issuance of technical specifications for connection to the networks of natural monopoly entities and services of quasi-public sector entities, and the issuance of their results to the service recipient on the one stop principle, as well as ensuring the provision of public services in electronic form carrying out state registration of rights to immovable property at its location;

      2) e-Government Web Portal www.egov.kz (hereinafter referred to as the "Portal") - an information system that is a single window-system of access to all consolidated government information including the regulatory legal framework, and to government and other services provided in electronic form;

      3) an applicant for the issuance of a petition for an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan (hereinafter - the applicant) – a natural person or a legal entity;

      4) a petition for obtaining an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan (hereinafter - the petition) – a written application of the authorized body on investments to the bodies of the migration service of the Ministry of Internal Affairs of the Republic of Kazakhstan on granting an investor visa to a person / persons who are non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan.

      3. If the applicant is a legal entity, the petitions shall be issued to the heads and/or deputy heads of the applicant, as well as the heads of structural units.

      If the applicant is a natural person, the application shall be issued to the applicant.

      4. Investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan shall be issued in conformity with paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan dated July 22, 2011 "On Migration of the Population".

Chapter 2. Procedure for considering applications for the issuance of petitions

      5. An application for a petition for an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan (hereinafter - the application) shall be submitted by the applicant to the State Corporation or the Portal in the form according to Annex 1 to these Rules.

      6. The applicant (or his/her representative by proxy) shall attach the following documents to the application:

      When applying via the State Corporation:

      1) a copy of the identity document of the person applying for an investor visa with a notarised translation in the state or Russian language (with a passport valid at least three months before the expiry date of the visa requested);

      2) a copy of the applicant's charter with a notarised translation in the state or Russian language (if the applicant is a legal entity, the original shall be submitted for verification);

      3) a copy of the document confirming the person's position in compliance with paragraph 3 of these Rules (if the applicant is a legal entity, the original shall be submitted for verification);

      4) copies of documents confirming the fact of investment of the applicant in the investment project (documents confirming the actual costs of the investor shall be: primary accounting documents executed pursuant to Law of the Republic of Kazakhstan No. 234 dated February 28, 2007 "On Accounting and Financial Reporting"; invoices executed as specified in the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Obligatory Payments to the Budget (Tax Code)"; customs declarations executed in compliance with the Code of the Republic of Kazakhstan dated December 26, 2017 "On Customs Regulation in the Republic of Kazakhstan"; originals shall be submitted for verification).

      When filing an application via the Portal:

      1) an electronic copy of the identity document of the person applying for an investor visa with a notarized translation in the state or Russian language (with a passport valid at least three months before the expiration of the visa requested);

      2) an electronic copy of the applicant's charter with a notarised translation in the state or Russian language (if the applicant is a legal entity, the original shall be submitted for verification);

      3) an electronic copy of the document confirming the person's position in compliance with paragraph 3 of these Rules (if the applicant is a legal entity, the original shall be submitted for verification);

      4) electronic copies of documents confirming the fact of investment of the applicant in the investment project (documents confirming the actual costs of the investor shall be: primary accounting documents executed in compliance with Law of the Republic of Kazakhstan № 234 dated February 28, 2007 "On Accounting and Financial Reporting"; invoices drawn up pursuant to the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Obligatory Payments to the Budget (Tax Code)"; customs declarations drawn up in conformity with the Code of the Republic of Kazakhstan dated December 26, 2017 "On Customs Regulation in the Republic of Kazakhstan" shall be submitted for verification).

      The list of key requirements for the provision of a public service including the characteristics of the process, form, content and result of the provision, as well as other information with respect to the specifics of the provision of a public service, are set out in the standard of the public service "Issuance of a Petition for an Investor Visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the Republic of Kazakhstan" (hereinafter referred to as the Standard) in keeping with Annex 2 to these Rules.

      7. If an application is submitted via the Portal, the service provider shall register the application on the day it is received.

      If an application is submitted by an applicant after working hours, on weekends and public holidays in obedience to the Labour Code of the Republic of Kazakhstan dated November 23, 2015, acceptance of the application and issuance of the result of a public service shall be carried out on the next working day.

      Within 2 (two) working days from the moment of registration of the application on the Portal, the Service Provider shall check the completeness of submitted documents indicated in paragraph 6 of these Rules:

      if the recipient of the service provides an incomplete package of documents and/or documents with expired validity period, the service provider shall refuse to accept the application;

      if the provided documents are complete, the service provider shall check the submitted documents for compliance with the requirements of these Rules within 3 (three) working days and draw up the result of the public service.

      8. The service provider shall make a decision to issue a petition if one of the following conditions is met:

      1) implementation by the applicant of projects within the framework of priority manufacturing industries as specified in Decree of the Government of the Republic of Kazakhstan № 1050 dated December 31, 2019 "On Approval of the State Program of Industrial and Innovative Development of the Republic of Kazakhstan for 2020 - 2025";

      2) membership of the applicant in the Foreign Investors Council under the President of the Republic of Kazakhstan;

      3) the applicant has an investment contract concluded with the authorized investment body;

      4) the applicant has recommendations from government agencies or quasi-public sector entities, confirming the implementation of the investment project in the Republic of Kazakhstan.

      9. When submitting an application via the State Corporation, an employee of the State Corporation shall receive the service recipient's written consent to the use of information constituting a legally protected secret contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan in the form according to Annex 3 to these Rules.

      When the service recipient submits all required documents to the State Corporation, the signed acknowledgement shall be issued on receipt of the relevant documents (in any form).

      In cases where the recipient of the service submits a partial package of documents specified in paragraph 6 of these Rules, an employee of the State Corporation shall refuse to accept the application and issue a receipt of refusal to accept the documents on the form in conformity with Annex 4 to these Rules.

      If the documents submitted are complete, the service provider shall check the documents for compliance with the requirements of these Rules and draw up the result of the provision of the public service.

      10. The result of providing a public service shall be issued:

      1) in the State Corporation - on the basis of the signed acknowledgement on the receipt of the relevant documents upon presentation of the identity documents of the representative and his/her authority;

      2) on the Portal - in the "profile" of the service recipient the status of acceptance of a request for a public service is displayed with the date of receipt of the result of the public service.

      The State Corporation shall ensure that the result is stored for one month, after which it shall be transferred to the service provider for further storage. When a service recipient applies after one month, upon the request of the State Corporation, the service supplier shall send the completed documents to the State Corporation within one working day for issuance to the service recipient.

      11. Pursuant to subparagraph 11) of paragraph 2 of article 5 of the Law “On Public Services”, the service provider shall ensure that data on the stage of providing a public service are entered into the information system for monitoring the provision of public services.

      12. In the event of a failure of the information system containing the necessary information for the provision of a public service, the service provider shall notify the operator of the e-government information and communication infrastructure (hereinafter the operator) within one working day.

      In this case, within the period specified in part one of this paragraph of the Rules, the operator shall draw up a report on the technical error in any form and sign it jointly with the service provider.

      13. The service provider shall refuse to provide a public service on the following grounds:

      1) ascertaining the unreliability of documents and/or documents with expired validity period submitted by the service recipient to receive the public service and (or) the data (information) contained therein;

      2) the service recipient and/or submitted materials, objects, data and information required for the provision of the public service does not meet the requirements set out in these Rules;

      3) in relation to the service recipient, there is an enforceable court decision (sentence) prohibiting activities or certain types of activities that require this public service.

Chapter 3: Procedure for appealing against decisions, actions (inaction) of service providers and/or their officials on the issues related to provision of public services

      14. An appeal against the decisions, actions (inaction) of the service provider and/or its officials, the State Corporation and/or its employees regarding the provision of public services shall be made by filing a complaint with the head of the service provider, the State Corporation at the addresses specified in the Standard pursuant to Annex 2 to these Rules.

      15. A complaint from a service recipient received by the service provider in conformity with paragraph 2 of Article 25 of the Law "On Public Services" shall be considered within 5 (five) working days of its registration.

      A complaint from a service recipient addressed to the competent authority for evaluation and control over the quality of public services subject to review within 15 (fifteen) working days of its registration.

      16. In the event of disagreement with the results of a public service provided, the service recipient shall apply to court in compliance with subparagraph 6) of paragraph 1 of article 4 of the Law "On Public Services".

  Annex 1
to the Rules for issuing a petition
for an investor visa for
non-residents of the
Republic of Kazakhstan
carrying out investment activities
in the Republic of Kazakhstan

Application for issuance of a petition for an investor visa for non-residents of the
Republic of Kazakhstan carrying out investment activities in the Republic of Kazakhstan

  Document form No. 1
(for a legal entity)

Information about the applicant


Name of the legal entity of the Republic of Kazakhstan


Information on registration (re-registration) of a legal entity of the Republic of Kazakhstan (date, grounds)


Location: legal address, actual location


Business ID number (BIN)


Head of a legal entity of the Republic of Kazakhstan (surname, name, patronymic (if any), telephone, fax, e-mail)


General classifier of economic activities


Volume of investments (with confirmation of investment)


Ground for receiving an application (specify the corresponding subparagraph/subparagraphs of paragraph 8 of the Rules for issuing of a petition for the investor visa for non-residents of the Republic of Kazakhstan carrying out investment activity in the Republic of Kazakhstan, confirmed by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. _____ dated ______ ____ 2020 (entered in the Register of the State Registration of Regulatory Legal Acts under No._______ ).


Contact details (telephone, fax, e-mail)


Method of receiving a petition (by mail, by personal delivery)


Information on the person/persons applying for an investor visa

Name, surname, patronymic (if any)


Date and place of birth


Nationality


Identity document details


Identity document valid through:


The address of the actual place of residence of the person applying for an investor visa in the country of residence


Current position


Contact details (telephone, fax, e-mail)


________________________________________________ (Name, surname, patronymic (if any) of the head of the legal entity of the Republic of Kazakhstan)

__________________________________ (signature, seal (if available) and date)

  Document form No. 2
(for a natural person)

Information about the applicant


Name, surname, patronymic (if any)


Date and place of birth


Nationality


Identity document details


Identity document valid through:


The address of the actual place of residence of the person applying for an investor visa in the country of residence


General classifier of economic activities


Volume of investments (with confirmation of investment)


Current position


Ground for receiving an application (specify the corresponding subparagraph/subparagraphs of paragraph 8 of the Rules for issuing of a petition for the investor visa for non-residents of the Republic of Kazakhstan carrying out investment activity in the Republic of Kazakhstan, confirmed by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. _____ dated ______ ____ 2020 (entered in the Register of the State Registration of Regulatory Legal Acts under No._______ ).


Contact details (telephone, fax, e-mail)


Method of receiving a petition (by mail, by personal delivery)


______________________________________________ (Applicant’s name, surname, patronymic (if any))

_________________________ (signature and date)

  Annex 2 to the Rules
for issuing a petition for an investor
visa for non-residents of the
Republic of Kazakhstan carrying
out investment activities
in the Republic of Kazakhstan

"Issuance of a Petition for an Investor Visa for Non-Residents of the Republic of Kazakhstan
Carrying Out Investment Activities in the Territory of the Republic of Kazakhstan
" Public Service Standard

1

Service provider name

Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan

2

Methods of providing a public service

1) "State Corporation "Government for Citizens" Non-Сommercial Joint-Stock Company (hereinafter - the State Corporation);

3

Term of provision of public service

1) from the moment the package of documents is submitted to the State Corporation - 11 (eleven) working days (the day of receiving applications and documents shall not be included in the deadline for providing a public service);
2) from the moment the package of documents is submitted to the Portal - 5 (five) business days

4

Form of public service provision

In soft and hard copy

5

Result of providing a public service

A petition for an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan, or a motivated refusal to provide a public service

6

The amount of payment levied from the recipient of the service in the provision of a public service and the methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan

Free of charge

7

Working hours

1) State Corporation - from Monday to Saturday inclusive, from 9.00 a.m. to 8.00 p.m. without lunch break, except Sundays and public holidays in compliance with the labour legislation of the Republic of Kazakhstan. The public service shall be provided at the service recipient's choice, the electronic queue without the need for fast-track service is available, the electronic queue can be booked via the Portal;
22) Portal - round-the-clock, with the exception of technical breaks in connection with repair (when the service recipient applies after working hours, on weekends and holidays in conformity with the Labour Code of the Republic of Kazakhstan dated November 23, 2015, acceptance of applications and issuance of the results of public service shall be carried out on the next working day).

8

List of documents required to provide a public service

When applying via the State Corporation:
1) an application in the form pursuant to Annex 1 to these Rules;
2) a copy of an identity document of the person applied for an investor visa with a notarized translation in the state or Russian language (with a passport valid for at least three months before the expiration of the requested visa);
3) a copy of the applicant's charter with a notarised translation in the state or Russian language (if the applicant is a legal entity, the original shall be submitted for verification);
4) a copy of the document confirming the person's position in compliance with paragraph 3 of these Rules (if the applicant is a legal entity, the original shall be submitted for verification);
5) copies of documents confirming the fact of investment of the applicant in the investment project (documents confirming the actual costs of the investor shall be: primary accounting documents executed in conformity with Law of the Republic of Kazakhstan No. 234 dated February 28, 2007 "On Accounting and Financial Reporting"; invoices issued pursuant to the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Obligatory Payments to the Budget (Tax Code)"; customs declarations issued in agreement with the Code of the Republic of Kazakhstan dated December 26, 2017 "On Customs Regulation in the Republic of Kazakhstan" shall be submitted for verification).
When applying via the Portal:
1) an electronic copy of the identity document of the person applying for an investor visa with a notarised translation in the state or Russian language (with a passport valid at least three months before the expiry date of the visa requested);
2) an electronic copy of the applicant's charter with a notarised translation in the state or Russian language (if the applicant is a legal entity, the original shall be submitted for verification);
3) an electronic copy of the document confirming the person's position in compliance with paragraph 3 of these Rules (if the applicant is a legal entity, the original shall be submitted for verification);
4) electronic copies of documents confirming the fact of investment of the applicant in the investment project (documents confirming the actual costs of the investor shall be: primary accounting documents drawn up in compliance with Law of the Republic of Kazakhstan No. 234 of February 28, 2007 "On Accounting and Financial Reporting"; invoices issued pursuant to the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Obligatory Payments to the Budget (Tax Code)"; customs declarations issued as provided for by the Code of the Republic of Kazakhstan dated December 26, 2017 "On Customs Regulation in the Republic of Kazakhstan", the originals shall be submitted for verification).

9

Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan

1) ascertaining the unreliability of documents and/or documents with expired validity period submitted by the service recipient to receive the public service and (or) the data (information) contained therein;
2) the discrepancy between the service recipient and (or) the materials, objects, data and information required for the provision of public services, the requirements established by these Rules;
3) the service recipient has an enforceable court decision (sentence) prohibiting activities or certain types of activities that require this public service.

10

Other requirements with respect to the specifics of public service provision

For service recipients with health problems, persistent impairment of body functions limiting its vital functions, if necessary, the acceptance of documents for the provision of public services shall be performed by an employee of the State Corporation with a set-off to the place of residence by contacting the Unified Contact Centre 1414, 8 800 080 7777.
The maximum allowable waiting time for a package to be delivered by the service recipient to the State Corporation shall be 20 (twenty) minutes;
the maximum allowable service time for the recipient of the service by the State Corporation - 15 (fifteen) minutes.
The addresses of venues where public services are provided shall be posted on Internet resources:
1) of the Ministry of Foreign Affairs of the Republic of Kazakhstan - www.mfa.gov.kz, section "Public services";
2) of the State Corporation - www.gov4c.kz.
The service recipient shall have a possibility to obtain information on the procedure and status of providing a public service in the remote access mode via the Unified Contact Centre for Public Services.
The contact number of the Unified Contact Centre for the provision of public services: 1414, 8 800 080 7777.

  Annex 3 to the Rules
for issuing a petition for an investor
visa for non-residents of the
Republic of Kazakhstan carrying
out investment activities
in the Republic of Kazakhstan
document form
  (Surname, first name, patronymic
(if any)
or name of the organization
of the service recipient
____________________________
(service recipient’s address)

Written consent of the service recipient

      I hereby agree to the use of information that constitutes a legally protected secret contained in information systems.

      ___________________"___"____

      (signature)

  Annex 4 to the Rules
for issuing a petition for an investor
visa for non-residents of the
Republic of Kazakhstan carrying
out investment activities
in the Republic of Kazakhstan
  document form
(Surname, first name, patronymic
(if any) (hereinafter full name)
or the name of the organization
of the service recipient)
____________________________
(service recipient’s address)

Written acknowledgement of refusal to accept documents

      Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan

      dated April 15, 2013 "On Public Services", Department No. __ of the branch of the State Corporation "Government for Citizens" Non-Commercial Joint Stock Company

      (address:___________________________________)

      hereby refuses to accept documents for providing a public service

      ________________________________________

      due to the fact that you have submitted an incomplete package of documents pursuant to the list,

      provided by the public service standard, namely:

      Name of missing documents:

      1)__________________________________________________________;

      2)__________________________________________________________;

      3)...

      This receipt has been drawn up in 2 copies, one for each party.__________________________________________ _______________

      (Name, surname, patronymic (if any) (signature) of an employee of the State Corporation)

      Document originator __________________________________

      (Name, surname, patronymic (if any)

      Telephone__________

      Received by: ____________________________________ ______________

      ((Name, surname, patronymic (if any) (signature)

      20__

____________________________ (Position of the signatory)


___________________________________ (Surname, initials of the signatory)

If you found any error on the page, please highlight a word or a phrase and then press «Ctrl+Enter» key combination

 

On-page search

Enter text to search

Hint: Browser has internal on-page search. It works faster and is usually activated by pressing ctrl-F.