ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2019 No. 53

About modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 558 "About approval of standards of the state services in the field of merchant shipping"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 558 "About approval of standards of the state services in the field of merchant shipping" (it is registered in the Register of state registration of regulatory legal acts at No. 11354, it is published on July 10, 2015 in information system of law of Ad_let) the following changes and amendment:

state Item 1 in the following edition:

"1. Approve:

1) the standard of the state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)", according to appendix 1 to this order;

2) the standard of the state service "State Registration of Courts in the State Ship Register of Ocean Ships", according to appendix 2 to this order;

3) the standard of the state service "State Registration of Ocean Ships in the Bare-boat — the Charter Register", according to appendix 3 to this order;

4) the standard of the state service "State Registration of the Property Rights to the Vessel Under Construction in the Register of Courts Under Construction", according to appendix 4 to this order;

5) the standard of the state service "Issue of Permission to Implementation of Cabotage by the Vessel Floating under the flag of Foreign State", according to appendix 5 to this order;

6) the standard of the state service "Carrying Out Engineering Certification of the Organizations and Test Laboratories", according to appendix 6 to this order;

7) the standard of the state service "State Registration of Courts in the International Ship Register of the Republic of Kazakhstan", according to appendix 7 to this order;

8) the standard of the state service "Issue of the Seaworthy Book", according to appendix 8 to this order.";

to be reworded as follows the standard of the state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)" approved by the specified order according to appendix 1 to this order;

to be reworded as follows the standard of the state service "State Registration of Courts in the State Ship Register of Ocean Ships" approved by the specified order according to appendix 2 to this order;

to be reworded as follows the standard of the state service "State Registration of Ocean Ships the Bare-boat — the Charter Register" approved by the specified order according to appendix 3 to this order;

to be reworded as follows the standard of the state service "State Registration of the Property Rights to the Vessel Under Construction in the Register of Courts Under Construction" approved by the specified order according to appendix 4 to this order;

to be reworded as follows the standard of the state service "Issue of Permission to Implementation of Cabotage by the Courts Floating under the flag of Foreign State" approved by the specified order according to appendix 5 to this order;

to be reworded as follows the standard of the state service "Carrying Out Engineering Certification of the Organizations and Test Laboratories" approved by the specified order according to appendix 6 to this order;

to be reworded as follows the standard of the state service "State Registration of Courts in the International Ship Register" approved by the specified order according to appendix 7 to this order;

add with appendix 8 according to appendix 8 to this order.

2. To provide to committee of transport of the Ministry of the industry and infrastructure 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 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 of the industry and infrastructure 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 of the industry and infrastructure 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 the industry and infrastructure development of the Republic of Kazakhstan.

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

It is approved Ministry of information and communications of the Republic of Kazakhstan "____" _____________ 2019

Appendix 1

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of January 30, 2019 No. 53

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 558

Standard of the state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)"

Chapter 1. General provisions

1. The state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)" (further - the state service).

2. The standard of the state service is developed by the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears Sea port administration (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through Non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation).

Chapter 2. Procedure for rendering the state service

4. Term of rendering the state service:

1) from the moment of filing of application by uslugopoluchatel in the State corporation - 1 (one) working day. Day of documents acceptance does not enter rendering the state service in time;

2) the most allowed time of expectation for delivery of document package - 20 (twenty) minutes;

3) the most allowed time of servicing of uslugopoluchatel - 15 (fifteen) minutes.

5. Form of rendering the state service: paper.

6. Result of rendering the state service - the certificate on state registration of mortgage of the vessel (the vessel under construction), or the written motivated answer on refusal in rendering the state service in the bases, stipulated in Item 11 these standards of the state service.

Form of provision of result of rendering the state service: paper.

7. The state service is rendered to physical persons and legal entities (further - uslugopoluchatel) on paid basis.

Collection for rendering the state service is performed at the rates and according to the procedure, the established Code of the Republic of Kazakhstan on December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)".

Rates of charge constitute:

1) for physical persons - 1 (one) monthly settlement indicator (further - MRP);

2) for legal entities of 5 (five) MRP.

Payment of the amount of collection is performed in cash or non-cash form through the banks of the second level and the organization performing separate types of banking activities or through payment gateway of "the electronic government".

8. The working schedule of the State corporation - Monday through Saturday inclusive, from 9:00 till 20:00 o'clock without interruption for lunch, except for Sundays and holidays, according to the labor law of the Republic of Kazakhstan.

Acceptance is performed according to the procedure of "electronic queue", at the choice of uslugopoluchatel, without the accelerated servicing, booking of electronic queue by means of the portal of "the electronic government" is possible (further - the portal).

9. The list of the documents necessary for rendering the state service in case of provision of the identity document (for identification of the personality) uslugopoluchatel or his representative by proxy:

1) the statement for state registration of mortgage of the vessel or the vessel under construction, in form according to appendix 1 to this standard of the state service;

2) the contract on mortgage of the vessel or the vessel under construction with the documents specified in the agreement.

In the case provided by part two of Item 1 of article 212 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" notarially attested copies of the agreement on simultaneous transfer of assets and obligations, the agreement providing acquisition by the organization specializing in improvement of quality of credit portfolios of banks of the second level, assets and rights of requirements (with appendix of the transfer act or statement from it), the agreement containing condition about right to claim concession are attached to the statement for state registration of mortgage of the vessel or the vessel under construction;

3) the document confirming payment in the budget of the amount of the registration fee.

The employee of the State corporation receives data on identity documents of uslugopoluchatel, on state registration (re-registration) of the legal entity, the individual entrepreneur from the corresponding state information systems through lock of "the electronic government".

10. Requirements to the documents submitted by uslugopoluchatel:

1) documents are constituted in the state or Russian languages;

2) texts of documents shall be written is legible, the name and details of legal entities - without reducings;

3) the documents having erasures or additions, the crossed-out words and other corrections which are not stipulated in them, documents performed by pencil and also documents with the damages which are not allowing to interpret unambiguously their content are not subject to acceptance on state registration.

The employee of the State corporation receives the written consent of uslugopoluchatel 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, according to appendix 1 to this standard of the state service.

When giving the uslugopoluchatel of all required documents to him issues the receipt on acceptance of the relevant documents.

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