Unofficial translation
In accordance with Article 20, subparagraph 11-13, of the Law of the Republic of Kazakhstan dated July 16, 2001 "On architectural, town planning and construction activities in the Republic of Kazakhstan", I hereby ORDER:
1. To approve the attached Rules, defining the procedure for maintaining the portal and information systems for organizing construction on the principle of "one window."
2. In accordance with the procedure established by legislation, the Committee for Construction and Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource 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 shall enter into force upon expiry of twenty-one calendar days after the date of its first official publication.
|
Minister of Industry and Infrastructure Development of the Republic of Kazakhstan |
B. Atamkulov |
"AGREED"
Ministry of Digital Development,
Innovation and Aerospace Industry
of the Republic of Kazakhstan
| Approved by order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated September 11, 2020 № 465 |
Rules defining the procedure for maintaining the portal and information systems for organizing construction on the principle of "one window" Chapter 1. General provisions
1. These Rules, defining the procedure for maintaining the portal and information systems for the organization of construction on the principle of "one window" (hereinafter referred to as the Rules) have been developed in accordance with Article 20, subparagraph 11-13) of the Law of the Republic of Kazakhstan dated July 16, 2001 "On architectural, town planning and construction activities in the Republic of Kazakhstan" (hereinafter referred to as the Law) and shall determine the procedure for maintaining the portal and information systems for organizing construction on the principle of "one window".
2. The following concepts are used in these Rules:
1) the information system operator (hereinafter referred to as the IS operator) is an individual or legal entity that maintains an information system for organization of construction on the principle of "one window" integrated with the portal for organization of construction on the principle of "one window";
2) information system for organization of construction on the principle of "one window" (hereinafter – IS) – an information system integrated with the Portal, designed to automate operations related to the maintenance of construction documentation and control of objects under construction in electronic form;
3) the portal for organization of construction on the principle of "one window" (hereinafter – the Portal) is a centralized information system that provides collection, storage and processing of information arising in the course of construction activities;
4) personal account – a component of the portal for organization of construction on the principle of "one window" and (or) information system, which allows the user of the portal for organization of construction on the principle of "one window" and (or) information system to upload information, access data on the status and statistical information of construction;
5) Portal operator – a legal entity that maintains the Portal;
6) Portal user (hereinafter referred to as User) – an individual or legal entity registered on the Portal, using its resources and components;
7) electronic document – a document in which information is presented in electronic and digital form and certified by means of an electronic digital signature (hereinafter – EDS).
Other concepts and terms used in these Rules are determined in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Paragraph 2 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 30.12.2022 No. 762 (shall be enforced ten calendar days after the date of its first official publication).3. The Portal shall not be a protected information system classified as a state secret, which shall be protected using state encryption means and (or) other means of protecting information constituting state secrets, in compliance with the requirements of the secrecy regime.
Chapter 2. Procedure for Portal maintenance
4. In order to automate the procedures and operations related to construction, the Portal shall provide:
1) registration of Users;
2) download and storage of electronic documents;
3) providing access to Users of information and electronic documents in the organization of construction production during the construction of new, as well as the reconstruction and repair of existing facilities (enterprises, buildings, structures and their complexes) of all sectors of the economy, mandatory for all participants in the construction of the facility;
4) transfer to the User of information on construction processes, as well as their further storage;
5) information exchange with integrated Internet resources and IS.
Paragraph 1. Register a user for a Portal
5. The portal shall be entered by means of electronic digital signature (hereinafter referred to as EDS) of an individual or legal entity in accordance with the Law of the Republic of Kazakhstan dated January 7, 2003 "On electronic document and electronic digital signature."
6. To register with the Portal, the User shall perform the following actions:
1) fill in the registration form posted on the portal, with the application:
for a legal entity - copies of documents provided by the legislation on state registration of legal entities, taxes and other mandatory payments, as well as copies of documents confirming bank details;
for an individual - copies of an identity document, as well as copies of documents confirming bank details (if any);
2) shall sign an agreement on the procedure for using the Portal with the EDS.
The Portal operator shall confirm or deny registration to the User from the moment the user presents documents within 1 (one) working day.
7. The reason for the refusal to register shall be the presence of the contacting User in the list of previously registered Portal Users.
8. To submit electronic applications, the portal operator shall provide the User with a personal account and instructions for working with the Portal.
Paragraph 2. Download and populate Portal user information
9. The User, from the day of registration on the Portal to the commissioning of the facility, shall download information on new construction, as well as reconstruction and repair of existing facilities (enterprises, buildings, structures and their complexes) and (or) electronic copies of documents through his/her personal account.
10. Electronic documents uploaded and (or) filled in on the Portal and (or) electronic copies of documents are subject to EDS certification of the person authorized to certify this document.
Footnote. Paragraph 10 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 30.12.2022 No. 762 (shall be enforced ten calendar days after the date of its first official publication).11. Information about the progress of the construction process, as well as electronic documents signed by the Portal User using EDS, can be sent by one Portal user to the personal account of another Portal user.
12. Electronic documents and electronic copies of documents posted on the Portal and certified by the EDS shall not be deleted, modified or replaced during the period of their storage on the Portal.
13. Information on organization of construction, including relevant electronic documents and electronic copies of documents provided to the Portal or to the IS by its Users, are stored during the entire service life of the facility.
Footnote. Paragraph 13 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 30.12.2022 No. 762 (shall be enforced ten calendar days after the date of its first official publication).Chapter 3. Procedure for information systems maintenance
14. The IS developed by an individual or legal entity complies with the requirements of the legislation of the Republic of Kazakhstan on informatization.
To integrate information systems with the Portal, it is necessary to conclude an agreement with the Portal operator.
The IS operator pays the Portal operator for the technical support services provided to him.
Footnote. Paragraph 14 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 30.12.2022 No. 762 (shall be enforced ten calendar days after the date of its first official publication).15. One or more information systems shall carry out:
1) download and storage of electronic documents;
2) transfer to the portal of information on the construction progress, projects of authority-technical documents signed by the portal user using EDS;
3) exchange of information with integrated Internet resources and other information systems.
16. Information system operators shall:
1) perform maintenance, and development of IS;
2) ensure the functioning and information security of IS, in accordance with the legislation of the Republic of Kazakhstan on informatization and the provisions of these Rules;
3) provide technical support to IS users, in accordance with the terms of agreements concluded with them;
4) provide state bodies performing control and supervision functions in the field of construction with access to IS in order to control and monitor the actions of IS users, to comply with the current legislation in the field of architectural, town planning and construction activities.