Unofficial translation
Footnote. Abolished by the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 6, 2023 No. 205 (effective from 01.07.2023).In accordance with subparagraph 2) of Article 8 of the Law of the Republic of Kazakhstan “On Special Social Services” as of December 29, 2008, I hereby ORDER:
1. To approve the appended Rules for the formation of the unified register of organizations providing special social services and the registry of specialists rendering special social services.
2. In accordance with the procedure established by the legislation, the Social Services Department of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan shall:
1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days of the state registration of this order, send its electronic copy in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) within ten calendar days of the state registration of this order, send its copy to print periodicals for official publication;
4) place this order on the official website of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan after its official publication;
5) within ten working days of the state registration of this order, submit information on the implementation of measures, provided for in subparagraphs 1), 2), 3) and 4) of this paragraph to the Legal Department of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan.
3. Control over execution of this order shall be entrusted to S.K.Zhakupova, the vice-minister of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan.
4. This order shall take effect ten calendar days after its first official publication.
| Minister of Labor and | |
| Social Protection of Population | |
| of the Republic of Kazakhstan | M. Abylkassymova |
| Appendix to Order № 377 of the Minister of Labor and Social Protection of Population of the Republic of Kazakhstan as of August 24, 2018 |
Rules for the formation of the unified register of organizations providing special social
services and the registry of specialists rendering special social services
Chapter 1. General provisions
1. These Rules for the formation of the unified register of organizations providing special social services and the registry of specialists rendering special social services (hereinafter referred to as the Rules) are developed in accordance with subparagraph 2) of Article 8 of the Law of the Republic of Kazakhstan “On Special Social Services” as of December 29, 2008 and establish the procedure for the formation of the unified register of organizations providing special social services (hereinafter referred to as the Register) and the registry of specialists rendering special social services (hereinafter referred to as Registry).
2. The following basic concepts are used in these Rules:
1) a structural unit of the local executive body of regions (cities of republican significance and the capital), districts (cities of regional significance) (hereinafter referred to as the executive body financed from the local budget) – a department for coordinating employment and social programs of regions, cities of republican significance and the capital and a department of employment and social programs of district, city, regional significance;
2) a supplier - organizations and specialists providing special social services and (or) selling rehabilitative technology devices (hereinafter referred to as RTDs);
3) the supplier selection commission (hereinafter referred to as the Commission) – a standing collegial body established by the executive body financed from the local budget to select suppliers in accordance with these Rules;
4) reference countries - countries that are members of the Organization for Economic Cooperation and Development and the Eurasian Economic Union;
5) external reference pricing for assistive (adaptive) technology devices and special vehicles - a comparative analysis of the applicant’s EXW price with EXW prices of one and the same manufacturer for assistive (adaptive) technology devices and special vehicles in reference countries, and in case of no such prices in reference countries - in countries purchasing RTDs.
3. The Register and the Registry are formed in electronic form in the automated information system of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan.
Chapter 2. The order for the formation of the Register
4. The Register consists of:
1) the registration number of the organization’s account in the Register;
2) the organization’s full and abbreviated name;
3) the last and first names, patronymic (if any) of the organization’s head;
4) business identification number;
5) the supplier’s registered address, place of provision of special social services and (or) sale of RTDs, contact phone number, email address;
6) types of provision of special social services specified in the Standards for the provision of special social services in the field of social protection of the population approved by Order № 165 of the Minister of Healthcare and Social Development of the Republic of Kazakhstan as of March 26, 2015 “On Approval of the Standards for the Provision of Special Social Services in the Field of Social Protection of the Population” (registered in the Register of State Registration of Regulatory Legal Acts under № 11038), the Standard for the provision of special social services to victims of human trafficking approved by Order № 138 of the Acting Minister of Healthcare and Social Development of the Republic of Kazakhstan as of February 24, 2016 “On Approval of the Standard for the Provision of Special Social Services to Victims of Human Trafficking” (registered in the Register of State Registration of Regulatory Legal Acts under № 13543) and the Standard for the provision of special social services to victims of domestic violence approved by Order № 1079 of the Minister of Healthcare and Social Development of the Republic of Kazakhstan as of December 21, 2016 “On Approval of the Standard for the Provision of Special Social Services to Victims of Domestic Violence” (registered in the Register of State Registration of Regulatory Legal Acts under № 14701) (hereinafter referred to as the Standards for Special Social Services) and prices for them;
7) types of provided RTDs indicated in the List of Assistive (Adaptive) Technology Devices and Special Vehicles Provided to Persons with Disabilities, approved by Decree № 754 of the Government of the Republic of Kazakhstan as of July 20, 2005 “On Approval of the List of Assistive (Adaptive) Technology Devices and Special Vehicles Provided to Persons with Disabilities” and their technical features in accordance with the national standard, in case of their absence - in accordance with interstate standards;
8) the cost of a RTD;
9) easy access to the organization’s facilities for persons with limited mobility;
10) information on external reference pricing for a RTD (information on EXW price of a RTD’s manufacturer and EXW price in reference countries with the indication of the source of information (except for a domestic producer). In case of no information on the EXW price in reference countries, the supplier shall provide information on the EXW price of the declared RTD in at least five alternative countries, indicating the source of information;
11) information on the total number of places intended for the provision of special social services, a list of specialists rendering special social services, availability of places, and also on the forms of providing special social services.
5. To provide special social services and (or) sell a RTD, the organization:
1) shall have no tax debts;
2) shall not be subject to bankruptcy or liquidation;
3) shall have material and labor resources.
6. The information contained in the Register is publicly available.
7. To enter information into the Register, the organization shall fill out an application in accordance with Appendix 1 to these Rules in electronic form, certify it with electronic digital signature (hereinafter referred to as an EDS) and attach electronic copies of such documents as:
1) constituent documents (if any);
2) information on available material resources;
3) a document on the number of employees (if any);
4) a document on fixing prices for special social services and (or) a RTD;
5) information on EXW price of a RTD’s manufacturer, and also EXW price in reference countries with the indication of the source of information (except for a domestic producer). In case of no information on the EXW price in reference countries, the supplier shall provide information on the EXW price of the declared RTD in at least five alternative countries, indicating the source of information;
6) for non-state-owned organizations - a document certifying the right of ownership or a lease contract or a contract for trust management of state property to a room or a building.
Information on organizations, on their tax debts or their absence, easy access to a facility for persons with limited mobility, their inclusion in the register of unreliable participants in public procurement or not being there, and also on state registration of rights to immovable property, is received automatically from relevant state information systems in the form of electronic documents certified with EDS.
8. Documents shall be provided in electronic form. Each individual document is presented as a separate file. The number of files shall be same as the number of documents specified in part one of paragraph 7 of these Rules, and the file name identifies the document and the number of pages in the document.
9. Organizations shall ensure the accuracy and relevance of submitted documents in the Register.
10. When an organization enters information in the Register in the automated mode, it is mandatory to check the filling of fields and, in case of successful check, the data are saved.
11. Organizations shall enter information into the Register on a voluntary basis on their own.
Chapter 3. The order for the formation of the Registry
12. The Registry consists of:
1) the registration number of the specialist’s account in the Registry;
2) individual identification number;
3) the specialist’s last and first names, patronymic (if any) with the indication of his/her position, education, qualification;
4) information on work experience in the field of rendering special social services;
5) registered address (contact phone number, email address).
13. To render special social services, specialists shall:
1) have appropriate qualification for the subject matter of a professional activity;
2) have no criminal record;
3) not be registered with narcological and psychiatric dispensaries.
14. The information contained in the Register is publicly available.
15. To enter information into the Registry, a specialist shall fill out an application in accordance with Appendix 2 to these Rules in electronic form, certify it with electronic EDS and attach electronic copies of such documents as:
1) that on qualification (diploma, certificate, academic certificate);
2) that confirming the position in the field of rendering special social services (if any);
3) a medical certificate of № 086/у form approved by Order № 907 of the Acting Minister of Healthcare of the Republic of Kazakhstan as of November 23, 2010 “On Approval of the Forms of Source Medical Records of Healthcare Organizations” (registered in the Register of State Registration of Regulatory Legal Acts under № 6697).
Information on the identity documents of an individual, on a criminal record or its absence, and on the absence of information on registration with narcological and psychiatric dispensaries in the Registry is received automatically from relevant state information systems in the form of electronic documents certified by EDS.
16. Documents shall be provided in electronic form. Each individual document is presented as a separate file. The number of files shall be same as the number of documents specified in part one of paragraph 15 of these Rules, and the file name identifies the document and the number of pages in the document.
17. A specialist shall ensure the accuracy and relevance of submitted data and information in the Registry.
18. When a specialist enters information in the Registry in the automated mode, it is mandatory to check the filling of fields and, in case of successful check, the data are saved.
19. A specialist shall enter information into the Registry on a voluntary basis on his/her own.
Chapter 4. The order for verifying suppliers’ and specialists’ information for its inclusion in the Register and the Registry
20. To include suppliers in the Register and the Registry, information shall be sent in the automated mode for consideration to a representative of the executive body financed from the local budget.
21. A representative of the executive body financed from the local budget shall, within two working days of receipt of the data, verify their accuracy and consistency with the information specified in paragraph 5 and 13 of these Rules.
22. Pursuant to their consideration, a representative of the executive body financed from the local budget, within one working day, shall submit the data to the Commission for consideration.
23. The number of the Commission’s members shall be odd, at least 5 (five) people. The chairman of the Commission shall be elected from among its members.
24. The organizational activity of the Commission is ensured by its secretary that is appointed from among the officials of the executive body financed from the local budget. The Commission’s secretary shall not be a member of the Commission and has no right to vote when the Commission makes a decision.
25. A meeting of the Commission shall be deemed valid in case of presence of at least two thirds of its members.
26. The Commission, within seven working days of the data saving, shall verify submitted information for its completeness and accuracy in electronic form.
27. Pursuant to their consideration, the Commission, within two working days, shall make a decision on inclusion in the Register or the Registry or refuse to include a supplier in the Register or the Registry on such grounds as:
1) non-compliance with the requirements for the supplier specified in paragraphs 5 and 13 of these Rules;
2) the supplier’s entering incomplete and (or) inaccurate information and documents specified in paragraphs 7 and 15 of these Rules;
3) the attached documents are printed (written) indistinctly and illegibly, contain erasures, postscripts, crossed out words, unexplained abbreviations, corrections, except for corrections certified with the authorized person’s signature and bearing the seal (if any);
4) the excess of the price of realizable RTDs above the average value of five minimum EXW prices in reference countries for suppliers selling RTDs;
5) the attached documents do not contain all the required details: the name and address of the organization that issued the document, the signature of the authorized person, the date of the document’s issuance, the number and series of the document (if any), the period of validity of the document (if any);
6) incompatibility of the supplier’s activity with the requirements of the Standards for the provision of special social services and sale of a RTD;
7) if a potential supplier is included in the registry of unreliable suppliers of public procurement.
28. A notification of inclusion in the Register or the Registry or refusal to include shall be sent to the supplier’s e-mail address indicated in the application in the automated mode, indicating reasoned justifications, within one working day of the Commission’s decision made in the automated mode.
29. The decision to refuse the inclusion in the Register or the Registry shall be appealed in court in case of disagreement with it.
30. In case of changes in information, the supplier shall make changes to the Register or the Registry on his/her own.
It is mandatory to check the filling of fields in case of the automated mode and, in case of successful check, the data are saved.
31. The order for entering the changes made in the Register or the Registry shall be in accordance with paragraphs 20-28 of these Rules.
Chapter 5. The order for removing a supplier for the Register or the Registry
32. The grounds for removing a supplier from the Register or the Registry are as follows:
1) the supplier’s application for removal from the Register or the Registry in accordance with the form in Appendix 3 to these Rules in electronic form certified with EDS;
2) termination of the supplier’s activity;
3) termination of the specialist’s activity or his/her death;
4) the supplier’s failure to comply with the requirements of the Standards for the provision of special social services or delivery of a RTD.
33. The Commission, in case of suppliers’ non-fulfillment or improper fulfillment of requirements of the Standards for the provision of special social services or delivery of a RTD, shall make a decision to remove suppliers from the Register or the Registry.
34. A notification of the supplier’s removal from the Register or the Registry shall be sent to the supplier’s email address indicated in the application in the automated mode within one working day of the Commission’s decision.
35. In case of removal from the Register or the Registry, information on the supplier shall be stored in the database for two years.
Appendix 1 to the Rules for the formation of the unified register of organizations providing special social services and the registry of specialists rendering special social services
APPLICATION
I apply for inclusion
__________________________________________________________________________
(the organization’s full or abbreviated (if any) name)
__________________________________________________________________________
(BIN, IIN, number of state registration )
The type of activity in accordance with subparagraphs 7), 8) of paragraph 4 of these Rules
__________________________________________________________________________
The address of the legal entity or individual entrepreneur
__________________________________________________________________________
(region, city, district, populated locality, the street name, the number of the house/building)
Email address ______________________________________________________________
Telephones ________________________________________________________________
Fax ______________________________________________________________________
The address of the operating facility
__________________________________________________________________________
(postal code, region, city, district, populated locality, the street name, the number of the house/building)
I hereby confirm that:
all the indicated data are official contacts and any information on the provision of special social services and (or) sale of a RTD can be sent thereto;
all the attached documents are true and valid;
In case of inclusion, I agree to the collection and processing of my restricted access personal data, constituting a law protected secret, contained in information systems.
The head/individual___________ ___________________________________
(signature) (the last and first names, patronymic (if any)
Filled out on: "__" __________ 20__
Appendix 2 to the Rules for the formation of the unified register of organizations providing special social services and the registry of specialists rendering special social services
APPLICATION
I apply for inclusion
__________________________________________________________________________
(the last and first names, patronymic (if any) IIN)
The type of rendered services _________________________________________________
The specialist’s address ______________________________________________________
(region, city, district, populated locality, the street name,
the number of the house/building)
Email address _____________________________________________________________
Telephones _______________________________________________________________
Fax _____________________________________________________________________
I hereby confirm that:
all the indicated data are official contacts and any information on rendering special social services can be sent thereto;
all the attached documents are true and valid;
In case of inclusion, I agree to the collection and processing of my restricted access personal data, constituting a law protected secret, contained in information systems.
Specialist __________ ____________________________________________________
(signature) (the last and first names, patronymic (if any)
Filled out on: "__" __________ 20__
Appendix 3 to the Rules for the formation of the unified register of organizations providing special social services and the registry of specialists rendering special social services
APPLICATION
I apply for removal from the Register of organizations providing special social services
and or selling RTDs/the Registry of specialists rendering special social services
__________________________________________________________________________
(the supplier’s full or abbreviated (if any) name)
__________________________________________________________________________
(BIN, IIN, number of state registration)
The type of provided services __________________________________________________
The address of the legal entity/individual entrepreneur/(specialist)
__________________________________________________________________________
(region, city, district, populated locality, the street name, the number of the house/building)
Email address ______________________________________________________________
Telephones ________________________________________________________________
Fax ______________________________________________________________________
The address of the operating facility
__________________________________________________________________________
(region, city, district, populated locality, the street name, the number of the house/building)
I agree to the collection and processing of my restricted access personal data, constituting a law protected secret, contained in information systems.
The head ______________ __________________________________________________
(signature) (the last and first names, patronymic (if any)
Filled out on: "__" __________ 20__