I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of February 16, 2018 No. 61

About modification and amendments in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments" and recognition voided some orders of the Minister of national economy of the Republic of Kazakhstan

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments" (registered in the Register of state registration of regulatory legal acts for No. 9938, published on December 19, 2014 in information system of law of Ad_let) the following changes and amendments:

to state heading of the order in the following edition:

"About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determinations of feasibility of budget crediting";

state preamble in the following edition:

"According to Item 14 of Article 151, Item 6 of Article 152, Items 5 and 21 of Article 153, Item 13 of Article 154, Items 10 and 11 of Article 157, Items 3 and 4 of Article 159, subitems 1) and 2) of Article 187 of the Budget code of the Republic of Kazakhstan of December 4, 2008 I ORDER:";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of budget crediting.";

in Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of the budget investments approved by the specified order:

state heading in the following edition:

"Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of budget crediting";

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

state Item 1 in the following edition:

"1. These rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of budget crediting (further - Rules) are developed according to Item 14 of Article 151, Item 6 of Article 152, Items 5 and 21 of Article 153, Item 13 of Article 154, Items 10 and 11 of Article 157, Items 3 and 4 of Article 159, subitems 1) and 2) of Article 187 of the Budget code of the Republic of Kazakhstan.";

in Item 2:

3) to state the subitem in the following edition:

"3) budget investments - the financing from the republican or local budget directed to creation and (or) development of assets of the state by implementation of budget investment projects and also forming and (or) increase in the authorized capital of legal entities, except for the assets directed to initiation of efficient measures for ensuring social and economic stability;";

subitems 5) to state 6) and 7) in the following edition:

"5) effectiveness of budget investments - availability of the proofs confirmed with calculations, cost and financial performance of budget investments by means of forming and (or) increase in the authorized capital of the legal entity, and also possibility of achievement of indicators of results, availability of performance indicators and quality.

On the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities in the form of non-commercial joint-stock companies, the state companies performing activities in the social sphere and which main source of the income is the republican and (or) local budget availability of proofs of cost and financial performance it is not required;

6) feasibility of budget investments - reasons for economic feasibility of implementation of budget investments by means of forming and (or) increases in the authorized capital of the legal entity and implementation of budget investment projects, their influences on national economy and compliance of the project to provisions of documents of System of state planning, to annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan and orders of the President of the Republic of Kazakhstan;

7) the budget investment project (further - the PIP) - set of the actions directed to creation (construction) new or reconstruction of the available objects, and also creation, implementation and development of information systems, except for the information systems intended for realization of the tasks aimed at providing activities of the President of the Republic of Kazakhstan, and also information systems of the special state bodies realized at the expense of the budgetary funds directly by the administrator of the budget program during the certain period of time and having complete nature;";

30) to state the subitem in the following edition:

"30) the investment offer - the conceptual offer proving feasibility of implementation of the state investment projects within implementation of the state, government programs and development programs of the territories for goal achievement, reflecting ways of its achievement and possible methods of financing, including set of the relevant activities, developed by administrators of budget programs;";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for development or adjustment, conducting necessary examinations of the investment offer of the state investment project";

state Items 6 and 7 in the following edition:

"6. Investment offers of GIP include the following documents:

1) information leaf of the investment offer on form according to appendix 1 to these rules;

2) conclusion of industry examination of the investment offer;

3) calculations for possible types and methods of financing of GIP;

4) calculations and reasons for cost of GIP (according to construction standard rates or standard rates of costs for creation, development and maintenance of information systems);

5) if the investment project does not require development of the feasibility study to the investment offer, the specification on designing in addition is submitted;

6) in case of adjustment of the feasibility study the PIP or FEO of Investments in addition is represented:

the comparative table with indication of the technical solutions and (or) additional expenses assumed to change according to the feasibility study the PIP or FEO of Investments, and also the PIP or FEO of Investments approved by the feasibility study (when implementing the Investments directed to creation (construction) new or reconstruction of the available objects, as a part of the approved FEO of Investments the approved feasibility study (developed according to these rules) or the approved design estimates (further - the design and estimate documentation) is submitted;

the act of authorized body on internal state audit according to the Law of the Republic of Kazakhstan of November 12, 2015 "About the state audit and financial control" regarding target use of budgetary funds, and also about lack of violations if on the project financing is begun, dated no later than 6 (six) months of date of submission of documents;

calculation reasons of cost of adjustment, and also conducting necessary examinations of the feasibility study the PIP or FEO of Investments by components and terms of their development;

if GIP is implemented in the territory of foreign states, the relevant documents confirming the initial and offered to adjustment GIP cost, approved according to the procedure, established by the legislation in the field of construction of that state in the territory of which this project is implemented with appendix of the text of the specified legislation and with ensuring its transfer into the state and (or) Russian languages are submitted;

the letter of complex non-departmental examination on feasibility of the expected made changes in project solutions of earlier approved feasibility study and (or) the design and estimate documentation of budget investments;

the explanatory note containing information on achievement or not achievement of the indicators specified in the approved feasibility study the PIP or FEO of Investment including in case of complete development of the allocated budgetary funds with indication of the reasons not of achievement;

7) in case of acquisition by subjects of the quasi-public sector of assets, in particular shares of the authorized capital of legal entities, it is necessary to provide the conclusion of value assessment of these assets, prepared:

the independent estimative companies if the asset cost does not exceed 1 300 000 (one million three hundred thousand) monthly settlement indicators in current prices;

the international professional organizations of appraisers if the asset cost exceeds 1 300 000 (one million three hundred thousand) monthly settlement indicators in current prices;

8) if ABP is offered to realize GIP by increase in the authorized capital of the legal entity, the investment map of the subject of the quasi-public sector according to the investment projects realized, realized and planned to realization for the five-year period which is represented in the electronic portal, and also on paper and electronic carriers in form according to appendix 1-1 to these rules in addition is submitted.

9) in case of forming of the authorized capital of the legal entity, more than 50% of shares (shares in the authorized capital) which directly or indirectly belong to the state, the decision of antimonopoly authority according to regulations of the entrepreneurial code of the Republic of Kazakhstan in addition is submitted.

10) in case of unprofitability of the legal entity in the periods preceding the planned period the plan for financial and economic improvement of the legal entity approved by executive body of the legal entity is submitted.

7. Information leaf of the investment offer contains information on priorities of development of industry (sphere) of economy, the established documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan, general information on investment projects (project) and actions including their main indicators.";

state Item 9 in the following edition:

"9. The conclusion of industry examination of the investment offer contains assessment:

1) problems of current status of industry which influences its further development, and also comparative analysis of the services operating provided and offered;

2) expected effect of realization of GIP on allied industries (spheres) of economy;

3) the alternative options considered in case of the choice of way of solving the problem with reasons for the choice of GIP as optimum way of its decision taking into account foreign experience;

4) justification of the expected institutional scheme of management of GIP (the main participants, the scheme of their interaction, distribution of benefits and costs of asset holders, the scheme of management of GIP in the investment and post-investment periods);

5) expected risks on the project (financial, operational, technical, credit, normative and legal, technological, marketing, market, commercial, ecological and social risks) and actions for their minimization;

6) GIP compliance to documents of System of state planning, to annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan;

7) justification of amount of GIP.

The industry conclusion of the central authorized body in the field of informatization according to the budget investment projects aimed at the development of the information systems which are not requiring development of the feasibility statement contains the calculations and reasons corresponding to standard rates of costs for development of information systems.

The cost of the budget investment projects aimed at the development of the information systems which are not requiring development of the feasibility statement proves to be true based on the calculations and reasons provided as a part of the industry conclusion of authorized body in the field of informatization.";

state Item 10 in the following edition:

"10. If realization of GIP is offered at the expense of means of the republican budget, the conclusion of industry examination of the investment offer is provided by the central authorized body of the corresponding industry, in case of impossibility of reference of GIP to any certain industry, the industry conclusion is provided to ABP.

If GIP assumed to realization at the expense of means of the republican budget affects the sphere of responsibility of several industry central state bodies, the specified industry central state bodies in addition provide the conclusions of the corresponding industry examinations of GIP.

At the same time, the additional conclusions of industry examinations are provided by the relevant industry central state bodies signed by the first head or replacement his face, or person authorized separately on each GIP by the first head of state body only regarding impact assessment of realization of GIP on the supervising industry and compliance to industry priorities.";

state Item 13 in the following edition:

"13. Calculations of cost of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP in the field of informatization, shall correspond to standard rates of costs for creation, development and maintenance of information systems, approved by the central authorized body in the field of informatization.";

state Item 17 in the following edition:

"17. Adjustment of the investment offer is performed only in the following cases:

1) adjustments of the feasibility study PIP;

2) adjustments of FEO of Investments;

3) if following the results of consideration of the feasibility study for BIP, FEO of Investments, the economic conclusion of the central or local authorized body on state planning recommends other types and methods of realization of GIP.

The corrected investment offer is made only on the project on which change of technical and economic parameters from earlier made investment offer on homogeneous (same) GIP having the positive economic conclusion is supposed. On the projects which are not assuming change of technical and economic parameters, introduction of the corrected investment offer it is not required.";

the second Item 18 to state part in the following edition:

"The central or local authorized body on state planning considers investment offers of ABP regarding economic feasibility, compliance of project objectives to priorities of development of industry (sphere) of economy, the established documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan, within 20 (twenty) working days and directs the economic conclusion of ABP on them.";

state Item 19 in the following edition:

"19. Expertize on the investment offer is carried out using the analysis of benefits and costs and performed according to technique of selection of GIP according to appendix 3-1 to these rules.

The analysis of benefits and costs is characterized by assessment of the following indicators:

1) budget efficiency - the relative indicator of effect for the budget as a result of implementation of investments determined as the relation of the result received by the budget to costs;

2) payback of GIP - possibility of GIP provided in investment offers to generate cash flows;

3) priority of GIP - the importance of realization of GIP caused by social, strategic, political, ecological and other factors.";

exclude Item 21;

state Item 22-1 in the following edition:

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