ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 17, 2018 No. 339

About approval of Rules of giving and consideration of the applications on issue of licenses for prospecting

According to Item 10 of article 265 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve the enclosed Rules of giving and consideration of the applications on issue of licenses for prospecting.

2. To provide to committee of geology and subsurface use of the Ministry for Investments and Development 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 on paper and electronically 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) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2) and 3) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective since June 29, 2018 and is subject to official publication.

It is approved Minister of Energy of the Republic of Kazakhstan May 21, 2018

__________ K. Bozumbayev

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 17, 2018 No. 339

Rules of giving and consideration of the applications on issue of licenses for prospecting

Chapter 1. General provisions

1. These rules of giving and consideration of the applications on issue of licenses for prospecting (further - Rules) are developed according to Item 10 of article 265 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law) and determine procedure for giving and consideration of the applications on issue of licenses for prospecting.

2. The state service "Licensing for Prospecting" (further – the state service) appears local executive bodies of areas (further – the service provider).

3. Rules extend to the physical persons performing activities in the field of subsurface use (further - uslugopoluchatel).

Chapter 2. Procedure for rendering the state service

4. For receipt of the state service the uslugopoluchatel gives by means of the web portal of "the electronic government" www.egov.kz, the statement in form, according to appendices 1 and 2 to these rules, with the provided documents specified in Item 8 of appendix 3 to these rules of the standard of the state service "Licensing for Prospecting" (further - the Standard of the state service).

The list of the main documents and the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of rendering the state service are stated in the Standard of the state service.

5. The license is subject to renewal in cases: changes of information about the subsoil user: change of surname, name, middle name (in case of its availability), prolongation of term of the license; changes of borders of the territory of the subsoil plot.

6. The service provider performs document registration in day of their receipt.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon.

The service provider within 2 (two) working days from the moment of receipt of documents, checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents, and (or) documents with the expired effective period the service provider in the specified time gives motivated refusal in further review of the statement.

7. Data on the submitted application are subject to placement on Internet resource of the service provider within two working days from the date of filing of application and contain:

1) surname, name and middle name (in case of its availability) the applicant;

2) coordinates of the territory of the site of prospecting which the applicant asks to provide in use;

3) date and time of receipt of the statement.

8. The applications on issue of licenses submitted to the service provider, including the same territory are considered according to the procedure of priority of receipt of statements.

9. The service provider starts consideration of the next statement only after decision making for refusal in licensing according to the previous considered application.

Consideration of the next statement begins after ten working days from the date of decision about refusal in licensing according to the previous considered application.

If the decision on refusal was appealed by the applicant in court, the issue of consideration of the next statement is resolved by the service provider after entry into force of the judgment of cancellation of the decision on refusal.

10. When giving the uslugopoluchatel of all necessary documents through the portal in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

Data on the identity documents of uslugopoluchatel, on state registration (re-registration) of the legal entity containing in the state information systems, the service provider receives from the corresponding state information systems through lock of "the electronic government".

11. Aggregate term of rendering the state service constitutes 7 (seven) working days, and also in case of renewal of the license - 7 (seven) working days.

12. In case of provision by uslugopoluchatel of complete document package the service provider within 5 (five) working days checks reliability and compliance of the submitted documents to the Code specified in Item 8 of the Standard of the state service and issues the following result of the state service:

1) licensing, the renewed license for prospecting in form according to appendix 4 to these rules;

2) motivated refusal in form according to appendix 5 to these rules on the bases specified in Item 9 of the Standard of the state service.

The result of rendering the state service goes to uslugopoluchatel to "personal account" in electronic form, the authorized person of the service provider signed by the digital signature.

13. The refusal in licensing is taken out according to requirements of Item 2 of article 267 of the Code.

14. In case of refusal in licensing the applicant repeatedly submits the application to the service provider according to the procedure, established by these rules.

15. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services according to the procedure, established by authorized body in the field of informatization.

When rendering the state service by means of the state information system of permissions and notifications data on stage of rendering the state service arrive in the automatic mode in information system of monitoring of rendering the state services.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider concerning rendering the state services

16. In case of appeal of decisions, actions (failure to act) of the service provider and (or) his officials the claim is submitted addressed to the head of the service provider.

17. Claims are accepted in writing by mail or purposely through office of the service provider in the working days.

18. The claim is signed by uslugopoluchatel, at the same time its surname, name, middle name (is entered in case of its availability), reference number and date, the postal address, contact telephone number.

19. Confirmation of adoption of the claim is registration (stamp, the entering number and date) in office of the service provider, with indication of surname, name, middle name (in case of its availability) person which accepted the claim.

20. The claim of uslugopoluchatel according to Item 2 of article 25 of the Law is subject to consideration:

the service provider - within 5 (five) working days from the date of its registration;

authorized body by assessment and control of quality of rendering the state services - within 15 (fifteen) working days from the date of its registration.

21. The term of consideration of the claim by the service provider, authorized body by assessment and control of quality of rendering the state services according to item 4 of article 25 of the Law is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In case of prolongation of term of consideration of the claim the official given authority on consideration of claims within 3 (three) working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the applicant who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

22. In disagreement cases with results of rendering the state service, the uslugopoluchatel takes a legal action according to the procedure, established by the legislation of the Republic of Kazakhstan.

Appendix 1

to Rules of rendering the state service "Licensing for Prospecting"

form

Statement for licensing for prospecting

№____

"__" _________ 20 __ years

I ask to grant the license for prospecting

1.	Information about the applicant:
	Surname, name, middle name (if it is specified in the identity document) the applicant, the residence, data on identity documents
2.	Instruction on the territory determining the site of prospecting which the applicant asks to provide in use, in scale with geographical coordinates of angular points and specifying of total area
3.	The list of the enclosed documents:

1)_______________________________________________________________

2)_______________________________________________________________

3)_______________________________________________________________

4)_______________________________________________________________
          (name of documents and number of sheets)

Locus sigilli           ____________________________________

(in the presence) (signature of the applicant or his authorized representative)

He agrees to use of the data which are the secret protected by the law, containing in the information systems _________________

"__" _______ 20 __ years (signature)

Appendix 2

to Rules of rendering the state service "Licensing for Prospecting"

form

The statement on renewal of the license for prospecting

"___" _____________ 20 __ years

I ask to make renewal of the license

№
	Information about the applicant
1.	for physical persons – surname, name and middle name (in case of its availability) the applicant, nationality, number and date of issue of the identity document of the applicant, data on registration of the applicant as the taxpayer
2.	specify number(s) of the license, date of issue, granted the license
3.	specify full name of type of activity
4.	specify the basis or the reasons of renewal of the license

 

Locus sigilli      ____________________________________________
 (in the presence) (signature of the applicant or his authorized representative)

He agrees to uses of the data which are the secret protected by the law, containing in the information systems __________________

"__" _________ 20 __ years (signature)

 

 

Appendix 3

to Rules of rendering the state service "Licensing for Prospecting"

Standard of the state service "Licensing for Prospecting"

Standard of the state service "Licensing for Prospecting"
1.	Name of the service provider	Local executive bodies of areas
2.	Method of provision of the state service	web portal of "the electronic government".
3.	Term of rendering the state service	7 (seven) working days.
4.	Form of rendering the state service	Electronic (completely automated).
5.	Result of rendering the state service	The license for prospecting, the renewed license, or the motivated answer about refusal in rendering the state service in cases and on the bases provided by this standard.
6.	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	The state service is rendered on paid basis according to article 727 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)". Uslugopoluchatel shall pay subscription bonus in the amount of, according to the procedure and terms which are provided by the tax legislation of the Republic of Kazakhstan. The subscription bonus constitutes: 1) in case of the area of the provided territory to sq.km 0,3 – 9 (nine) monthly settlement indicators (further – MRP); 2) in case of the area of the provided territory from 0,3 to sq.km 0,5 – 12 (twelve) MRP; 3) in case of the area of the provided territory from 0,5 to sq.km 0,7 – 15 (fifteen) MRP. Payment of collection is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities. In case of giving of electronic request for receipt of the state service through the portal, payment can be performed through payment gateway of "the electronic government".
7.	Working schedule	1) the service provider – Monday through Friday from 9:00 till 18:30 o'clock with lunch break from 13:00 till 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan; The Schedule of reception of applications and issue of results of rendering the state service – from 9:00 till 17:30 o'clock with lunch break from 13:00 till 14:30 o'clock. 2) the portal – round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).
8	List of documents necessary for rendering the state service	1. For receipt of the license: 1) the request about licensing for prospecting; 2) the document confirming the power of the person acting on behalf of the applicant in case of filing of application if such person is appointed the applicant; 3) the electronic copy of the document approved by the applicant and containing list of means of mechanization and the equipment which are planned to be used when prospecting, and also the description of types and methods of works on prospecting which are planned to be carried out on the site of prospecting; 4) the electronic copy of consent of the land user or private owner of the parcel of land, and also the user of the subsoil plot in the territory of which the application is submitted; 5) the plan of prospecting if the applicant intends to use means of mechanization within the first year of action of the license for prospecting. The license is subject to renewal in cases: changes of information about the subsoil user: change of surname, name, middle name (in the presence), prolongation of term of the license; changes of borders of the territory of the subsoil plot. 2. For renewal of the license: 1) request for renewal of the license for prospecting. In case of filing of application the uslugopoluchatel agrees to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan. Data on identity documents of physical persons, on state registration (re-registration) of the legal entity, the service provider receives from the corresponding state information systems through lock of "the electronic government".
9	The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan	1) the statement or documents attached to it do not conform to the requirements provided these rules; 2) within 2 (two) years before filing of application the license for prospecting was revoked from the applicant; 3) within two years before filing of application the license on the bases, stipulated in Item 3 articles 276 of the Code was revoked from the applicant; 4) the required territory or its part belongs to the subsoil plot according to the license for prospecting granted to other person or to the territory concerning which according to Item 2 of article 264 of the Code or these rules licensing for prospecting is prohibited; 5) within one year before filing of application the license for prospecting which is earlier issued to the applicant concerning the required subsoil plot (its part) was stopped; 6) the territory of the required site of prospecting does not conform to requirements of article 269 of the Code.
10	Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation	Addresses of rendering the state service are placed on Internet resource of local executive bodies of areas. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of availability of the digital signature. Information on procedure for rendering the state service the uslugopoluchatel has opportunity to receive in service desk of Single contact center concerning rendering the state services: 1414.

 

Appendix 4

to Rules of rendering the state service "Licensing for Prospecting"

form

License for prospecting

1. No. _______________ date "___" ___________ 20 ___ years

It is issued __________________________________________________________________________________
     (surname, name and middle name (if it is specified in the identity document of physical person)
(further – the Subsoil user) also grants the right to use of the subsoil plot for the purpose of carrying out prospecting
  according to the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use".

2. License conditions:

1) the license term (in case of prolongation of term of the license for prospecting term is specified taking into account renewal term): ______________ from the date of its issue;

2) subsoil plot territory borders the area __________ hectare, with the following geographical coordinates: ____________________________ (to specify points of geographical coordinates) and the lower bound at depth of three meters from the lowermost point of the land surface of this territory;

3) other conditions of subsurface use:

Name, location of the subsoil plot (field):

_______________________________________________________________;
              (name, area, area)

Name of precious metals and gemstones: _________;

The subsoil user shall pay subscription bonus in the amount of

_________________________ tenge to "__" _________ 20 __ years.

The schematic arrangement of the territory of the subsoil plot is applied to this license.

1. The subsoil user has the right:

1) to use means of mechanization in the form of one lorry with a loading capacity no more than ten tons, drilling equipment, and also the excavator and (or) the bulldozer with ladle amount in total no more than a half of cubic meter;

2) to carry out drilling and other earthwork at depth no more than three meters from the lowermost point of the land surface of the territory of the site of prospecting.

2. When carrying out prospecting on placer gold to the subsoil user no more than fifty kilograms in calendar year are allowed to extract gold.

5. The subsoil user has no right:

1) to use excavators and bulldozers on the water objects and lands of water fund falling on the site of prospecting;

2) to apply chemical reagents and explosives;

3) to build and build capital constructions;

To export 4) out of limits of the site of prospecting soil and the taken mountain weight.

6. Bases of revocation of license:

1) entry into force of the judgment about prohibition of activities for subsurface use owing to violation of requirements of ecological and industrial safety;

2) in case of failure to pay subscription bonus in time, provided by the tax legislation of the Republic of Kazakhstan;

3) work on prospecting without provision of ensuring obligation fulfillment on mitigation of consequences of prospecting;

4) violation of conditions of the license for prospecting about restriction of work on prospecting, uses of means of mechanization,

you will lock uses of chemical reagents, explosives,

constructions of capital constructions,

export of soil and mountain weight out of limits of the site of prospecting;

5) work on prospecting without plan of prospecting when its availability is required.

7. The state body which granted the license

__________________________________________________________________
      (the name of the state body which granted the license)

__________________________________________________________________
       the signature of the head (authorized person) for licenses

The locus sigilli (in the presence) for licenses

Place of issue: ______________________________, Republic of Kazakhstan

_______________________________________________________________
               (administrative center of area)

Appendix 5

to Rules of rendering the state service "Licensing for Prospecting"

 

The name of local executive body of areas in state language

The name of local executive body of areas in Russian

The motivated answer about refusal in the state service

Local executive bodies of areas, having considered your application No. _____________________ from __. __________. __ refuses to you licensing for prospecting for the reason:

(Position of signing) (Surname, name, middle name (in case of its availability) signing)

 

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