THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2017 No. 473

About introduction of amendments to the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan from 1 m of February, 2017 No. 48 "About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments"

According to the subitem 15) of Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" I ORDER:

1. Bring in the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of February 1, 2017 No. 48 "About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex, in case of investment investments" (No. registered in the Register of state registration of regulatory legal acts 14816, published on March 7, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

state preamble in the following edition:

"According to the subitem 15) of Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories", and also the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" I ORDER:";

in Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of the investment investments approved by the specified order:

state Items 3 and 4 in the following edition:

"3. In these rules the following terms and determinations are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically;

2) the priority directions (sectors) of the AIC - the direction (sectors) of the AIC which have the considerable potential of development, specified in the list of the priority directions (sectors) according to appendix 1 to these rules;

3) the investment project in the AIC (further - investment the project) - the complex of actions providing investments into creation new or expansion of the operating production capacities;

4) investment investments in the AIC (further - investment investments) - the costs directed to creation new or expansion of the operating production capacities, including acquisition of the machinery and equipment within the investment project, except for purchase costs of the parcels of land;

5) investment subsidies in the AIC (further - investment subsidies) - compensation of part of the expenses incurred by the subject of the AIC within implementation of investment projects;

6) the investor in the AIC (further - the investor) - the subject of the AIC according to the legislation of the Republic of Kazakhstan performing investment investments in the priority directions (sectors) of the AIC;

7) the special account - the account of financial institution in bank of the second level on which the amount of investment subsidies for providing terms of the contract of investment subsidizing according to Items 35, of 36 these rules is credited;

8) the administrator of the budget program (further - the administrator) - the Ministry of Agriculture of the Republic of Kazakhstan;

9) the passport of the project - the list of the machinery and equipment, subject to subsidizing, and also the standard rate of compensation for calculation of investment subsidies;

10) expansion of the operating production capacities - the actions providing equipment of the operating production capacities the missing or necessary equipment (equipment) or the increase in production capacities and other actions directed to growth in volumes of production and (or) reduction of cost of the made products and (or) improvement of quality of the made products, change of its packaging and (or) expansion of the range, and also other actions which purpose is occupation of new commodity niche in the market, expansion of the markets and another;

11) the commission on questions of investment subsidizing (further - the commission) - permanent collegiate organ for consideration of the applications of investors and decision making about provision/refusal in provision of investment subsidies;

12) working body of the commission on questions of investment subsidizing (further - working body) - Deraptment of Agriculture of akimats of areas, cities of republican value and the capital;

13) the agreement of investment subsidizing - the written agreement signed between working body, the investor and the operator, providing procedure and conditions of money transfer of investment subsidies, the monitoring course, responsibility of the parties and other conditions;

14) financial institutions - the banks of the second level, the microfinancial organizations, credit institutions having the corresponding license for the right of banking operations, leasing companies, credit partnerships;

15) machine and tractor stations - legal entities, country / farms and the individual entrepreneurs rendering to subjects of the AIC of service in carrying out agricultural works;

16) modular design - modular, pre-fabricated construction on the basis of the frame and framework and/or beskarkasno-arch design to which panels and/or ready module containers fasten;

17) operator - the organization performing operator services in subsidizing in compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments;

18) industrial complex - set of the interconnected production capacities (buildings, constructions, the mounted equipment, engineering networks and another) directed to production, conversion, storage, packaging of agricultural products.

4. Investment subsidies are paid to investors according to the list of the priority directions (sectors) according to appendix 1 to these rules (further - the List of the priority directions), on construction costs of modular designs, the machinery and equipment acquired or put into operation within the investment project, except for Section 2 and 4 of the list of the passports of the projects which are subject to subsidizing, provided in appendix 2 to these rules (further - the List of passports of projects).

To subsidizing the investment projects put into operation, not earlier than two years about year of application are subject to the operator, directed to creation new or expansion of the operating production capacities (investment investments). At the same time expenses on acquisition new, earlier unused the machinery and equipment, suffered by the investor not earlier than 24 months before date of input of the investment project in operation are subject to subsidizing.

At the same time till July 1 of the corresponding calendar year requests for provision of investment subsidies in the directions (sectors) of the first group specified in the List of the priority directions are accepted and considered. In the first group of the request of investors are considered according to the procedure of priority on the priority provided in the List of the priority directions.

After July 1 of the corresponding calendar year requests of investors in the directions of the first and second groups are accepted and considered. At the same time in priority procedure requests of investors of the first group on the priority provided in the List of the priority directions irrespective of date of application are considered. Requests of the second group are considered on the priority provided in the List of the priority directions.

During all calendar year on commission session in priority procedure requests of agricultural cooperatives according to the procedure of the priority provided by parts three and four of this Item are considered.";

state Item 8 in the following edition:

"8. According to passports of the projects "Acquisition of the Machinery and Equipment for Cultivation of Farm Animals of the Meat Direction", "Acquisition of the Machinery and Equipment for Cultivation of Cattle of the Milk Direction in Economy with Uterine Livestock from 50 Heads", "Laying of the Intensive Apple Orchard from 5 Hectares", "Laying of Fruit and Berry Cultures and Grapes from 5 Hectares", "Acquisition of Demanded Agricultural Machinery", "Acquisition of Agricultural Machinery" subsidizing of the second and subsequent piece of equipment and the equipment of one type specified in the passport of the project is allowed.

The second and subsequent pieces of equipment and the equipment of one type are subsidized in case of exceeding of the minimum standard rate of uterine livestock on one piece of equipment and the equipment.

The minimum standard rate of uterine livestock on one piece of equipment and the equipment of one type constitutes 100 conditional heads of uterine livestock.

The second and subsequent pieces of equipment and the equipment of one type which are subject to subsidizing are determined by the following formula:

Wk = Wzh/N, where:

Wk - the number of the subsidized machinery and equipment of one type;

Wzh - quantity of uterine livestock of the farm animals registered in economy in recalculation in the conditional head of cattle according to the coefficients of transfer of livestock of farm animals in the conditional head of cattle specified in appendix 3 to these rules;

N - the admissible standard rate.

In case of receipt of fractional figure the result is rounded in the mathematical way to the whole value.

The number of uterine livestock of farm animals is determined by the operator by means of the database on identification of farm animals at the time of application for subsidizing. The statement certified by the operator from the database on identification of farm animals is put by the operator to the request of the investor.

The minimum standard rate of the areas of the intensive apple orchard, fruit and berry cultures and grapes on one piece of equipment of one type constitutes 20 hectares. Availability corresponding to the established standard rate of acreage under the intensive apple orchard, fruit and berry cultures and grapes is confirmed by the act on the property right to the parcel of land and (or) the act on the right temporary (long-term, short-term) land use (lease).

According to passports of the "Acquisition of Demanded Agricultural Machinery" and "Acquisition of Agricultural Machinery" projects subsidizing is performed according to the minimum standard rate of acreage of agricultural purpose on one piece of equipment and the equipment.

At the same time subsidizing no more than one piece of equipment and the equipment of one type in the specified passports of projects taking into account the actual availability of land grounds without the minimum standard rate of acreage of agricultural purpose on one piece of equipment and the equipment is allowed.

The second and subsequent pieces of equipment and the equipment of one type which are subject to subsidizing are determined by the following formula:

Wk = Wg/N, where:

Wk - the number of the subsidized machinery and equipment of one type;

Wg - the area of agricultural holdings;

N - the admissible standard rate.

In case of receipt of fractional figure the result is rounded in the mathematical way to the whole value.

Availability corresponding to the established standard rate of the areas of agricultural holdings is confirmed by the document certifying the property right of the investor to the parcel of land or the right temporary paid (long-term, short-term) land use (lease) of the investor.

In case of application from agricultural cooperative the total area of agricultural holdings and number of uterine livestock of the farm animals registered at members of agricultural cooperative is considered.

In case of application from machine and tractor stations, the requirement about availability of agricultural holdings is not required. At the same time, the machine and tractor station after one year from the moment of payment of subsidies for acquisition of agricultural machinery provides in working body documents (agreements, acceptance acts of the rendered services, the documents confirming fee) on the total area corresponding to the standard rate by the form technicians specified in passports of the "Acquisition of Demanded Agricultural Machinery" and "Acquisition of Agricultural Machinery" projects.";

state Item 14 in the following edition:

"14. Feasibility of attraction of operator services is determined by working body. After holding competitive procedures for attraction of services of the operator, in the established legislation procedure till February 25 of the corresponding year between working body and the operator the agreement on rendering services by the operator in investment subsidizing (further - the agreement on rendering services) providing procedure, conditions of provision of services by the operator with indication of payment amount of services of the operator, and also responsibility of the parties and other conditions is signed.

To the conclusion of the agreement on rendering operator services and in the absence of the operator, the functions of the operator provided by these rules are performed by working body.";

17, 18 and 19 to state Items in the following edition:

"17. According to investment projects which are not put into operation the request of the investor is considered by the commission in two stages.

At the first stage the commission makes the decision on compliance/discrepancy of the investor to conditions of these rules.

In case of acquisition by the investor of the equipment/equipment according to the investment projects listed in Item 35 of these rules in credit/leasing, the commission makes the decision on compliance / discrepancy of the investor to conditions of these rules and on transfer of investment subsidies advance payment to financial institution into the special account.

According to requests of investors, the amount of investment subsidies according to which constitutes 500 (five hundred) million tenges and more, the operator sends inquiry to the administrator for receipt of approval of application of copies of all documents submitted by the investor according to requirements of these rules.

The administrator within 5 (five) working days, after the date of receipt of request of the operator provides the letter on industry feasibility or inexpediency of implementation of the investment project.

At the second stage the commission makes the decision on provision or refusal in provision to the investor of investment subsidy.

18. Investors create and hand over the following documents in the State corporation:

1) the identity document (for identification of the personality);

2) the request for investment subsidizing in form, according to appendix 5 to these rules (further - the request), signed by the investor and under seal (in the presence);

3) information on investment investments on creation new or expansion of the operating production capacities and terms of their realization, with appendix of the business plan (it is required only in case of projects implementation in the directions of development of processing industry), agreements or commercial offers;

4) in case of project implementation at the expense of the raised funds (credit/leasing) the copy of the notification of financial institution on intention of the investor in receipt of subsidies.

The employee of the State corporation receives data on state registration (re-registration) of the investor, on registration at the place of residence from the corresponding state information systems through lock of "the electronic government".

If the investment project is already put into operation, and also acquisition of the machinery and equipment within the investment project is performed, the investor in addition submits documents, stipulated in Item 19 these rules.

19. After completion of all works on creation new or to expansion of the operating production capacities and input of subject of the investment project in operation, or acquisitions of the machinery and equipment, the investor submits in the State corporation for review at the second stage by the commission the following confirmatory and documents of title:

1) request;

2) the legal decision of the commission on compliance/discrepancy of the investor to conditions of these rules (if the investor submitted the application at the first stage earlier);

3) the copy of the act state acceptance or inspection about acceptance of subject of the investment project in operation (during creation of new production capacities);

4) the copy of the act of input of the equipment in operation between the buyer and the supplier (in case of acquisition of the equipment);

5) copies of purchase and sale agreements, the invoices confirming investment investments on creation new or expansion of the operating production capacities, documents confirming payment;

6) copies of delivery-acceptance certificates of the agricultural, special machinery and processing equipment;

7) in case of acquisition of agricultural machinery copies of documents of title (the certificate on state registration of the vehicle, technical data sheet) are provided;

8) the copies of credit/leasing agreements certified by financial institution in case of implementation of investment investments at the expense of the raised funds at financial institutions;

9) after achievement of load of production volume at least 30% according to the subitem 2) of Item 11 of these rules the investor submits supporting documents (the business plan, documents confirming sale of the made products by types in natural and value term) to the terms provided by the business plan. For confirmation of load of capacities the statement of monitoring of working body of achievement of load of production capacities which prepares, based on the documents specified in this subitem and also statistical form of nation-wide statistical observation "Report of the company on production and shipment of products (goods, services)" (code 0311102, index 1-P, frequency quarter), the Chairman of Committee approved by the order according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of January 30, 2015 No. 20 "About approval of statistical forms of nation-wide statistical observations according to the statistics of the industry and instructions for their filling" is drawn up (it is registered in the Register of state registration of regulatory legal acts No. 11055), the investor in the quarter preceding the moment of application of the investor at the second stage.

The investor represents originals of the above-stated documents for reconciliation the State corporation submitted copies with the original.";

state Item 22 in the following edition:

"22. The refusal in issue of subsidies is performed on the bases, stipulated in Item 2 articles 19-1 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services".";

41, of 42, 43 and 44 to state Items in the following edition:

"41. The investor for receipt of investment subsidies on leasing of ready objects provides:

1) the identity document (for identification of the personality);

2) request;

3) the tripartite agreement between the investor, the lessor and the seller of object;

4) the purchase and sale agreement of object signed between the seller and the lessor;

5) the agreement of leasing of object certified by financial institution;

6) the notarized copy of the act state acceptance or inspection about acceptance of investment object in operation, except for passports of the projects "Laying of the Intensive Apple Orchard From 5 Hectares", "Laying of Fruit and Berry Cultures and Grapes from 5 Hectares";

7) the copy of the act of input of the equipment and/or investment object in operation;

8) copies of purchase and sale agreements, the invoices confirming investment investments of the seller in case of implementation of the investment project;

9) copies of delivery-acceptance certificates of the equipment;

10) the business plan to the project.

The employee of the State corporation receives data on state registration (re-registration) of the investor, on registration at the place of residence from the corresponding state information systems through lock of "the electronic government".

Within subsidizing of leasing of ready objects subsidizing of acquisition of the equipment is not performed.

42. Monitoring of investment subsidizing is performed by working body for the following criteria and in the following terms:

1) not alienation and target use by the investor of the acquired machinery and equipment within 3 (three) years from the moment of subsidizing;

2) in the priority directions specified in Items 10, of 11, of 16, of 17, of 18, of 19, 20 Lists of the priority directions regarding: action/failure to act of subject to investment subsidizing within one calendar year from the moment of commissioning, achievement/not achievement of exit of subject to investment subsidizing to design capacity in the amount of at least 30% of the terms provided by the business plan, except for passports of the projects "Acquisition of the Vehicle for Milk Transportation", "Acquisition of Vehicles for Transportation of Farm Animals", "Acquisition of Vehicles for Transportation of Agricultural Products", "Acquisition of Vehicles for Transportation of Meat";

3) provisions by machine and tractor stations of the documents confirming the fact of rendering services to subjects of the AIC within 3 (three) years from the moment of acquisition of the equipment.

43. For implementation of functions of monitoring the working body requests from the investor necessary information, stipulated in Item 42 these rules. In case, attraction of services of the operator, the working body requests from the operator, the operator at the investor necessary information of stipulated in Item 42 these rules.

The investor within 10 (ten) working days provides required information to the operator, in case of its absence - to working body. The operator in the presence provides required information to working body within 2 (two) working days.

44. The operator, in case of its absence - working body, analyzes the arriving information.

In case of alienation and/or inappropriate use by the investor of the acquired equipment and/or the equipment, and also failure to act of object of production within one calendar year from the moment of commissioning or not exit of object to design capacity in the amount of, at least 30% in the terms provided by the business plan and also non-presentations and/or representations in incomplete amount of supporting documents on rendering services by machine and tractor stations to agricultural producers on the total area corresponding to the standard rate by the form technicians specified in the passport of the project according to appendix 2 to these rules, the operator (in case of its availability) within 2 (two) working days are informed by working body. The working body within 2 (two) working days submits question of return of the paid investment subsidies and the termination of investment subsidizing for consideration of the commission.

The working body within 30 (thirty) calendar days, from the moment of adoption by the commission of the decision on return of investment subsidies, initiates legal proceedings and return of money.

The operator within 5 (five) working days from the moment of adoption by the commission of the decision on the termination of investment subsidizing notifies by the letter of the investor with indication of the reason of the made decision.

At the same time, working body return of the payments made in the current financial year is performed by recovery of cash expenses of working body by increase in the amount of pending obligations and reduction of cash expenses by the corresponding codes of budget classification of expenses. In case of return of payments of last years the amount of return is credited in the income of the relevant budget from which payments were made.";

appendices 1, of 2, of 5, 7 and 8 to the specified Rules to be reworded as follows according to appendices 1, of 2, of 3, 4 and 5 to this order.

2. To provide to department of investment policy of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.

5) within ten working days after state registration of this order submission to Legal support department of the Ministry of Agriculture of the Republic of Kazakhstan of data on ipolneniya of the actions provided by subitems 1), 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

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