RESOLUTION OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF BELARUS

of March 28, 2019 No. 8

About change of the Resolution of the Ministry of Economics of the Republic of Belarus of July 27, 2016 No. 49

Based on paragraphs of the seventh and eighth of article 9 of the Law of the Republic of Belarus of December 30, 2015 No. 345-Z "About public-private partnership", Item paragraph two 3, of Item 8, of subitems 28.1 and 28.2 of Item 28 of the Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of the public-private partnership approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532, of the paragraph of the fifth Item 3 of the Regulations on procedure for the organization and carrying out the tender, and also negotiations concerning conditions of draft agreements on public-private partnership approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532, and subitem 6.1 of Item 6 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967, the Ministry of Economics of the Republic of Belarus DECIDES:

1. Bring in the resolution of the Ministry of Economics of the Republic of Belarus of July 27, 2016 No. 49 "About projects of public-private partnership" the following changes:

1.1. state preamble in the following edition:

"Based on paragraphs of the seventh and eighth of article 9 of the Law of the Republic of Belarus of December 30, 2015 No. 345-Z "About public-private partnership", Item paragraph two 3, of Item 8, of subitems 28.1 and 28.2 of Item 28 of the Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of the public-private partnership approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532, of the paragraph of the fifth Item 3 of the Regulations on procedure for the organization and carrying out the tender, and also negotiations concerning conditions of draft agreements on public-private partnership approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532, the Ministry of Economics of the Republic of Belarus DECIDES:";

1.2. to add subitem 1.1 of Item 1 after the word of "project" with the words "concerning the infrastructure facility offered to realization as the project";

1.3. state Item 2 in the following edition:

"2. Approve:

2.1. The instruction about requirements to the concept of the project concerning the infrastructure facility offered to realization as the project of public-private partnership to the feasibility statement on offers on project implementation of public-private partnership and to the preliminary, preparatory and resulting tender documentation (is attached);

2.2. The instruction about assessment of offers on projects implementation of public-private partnership (is attached).";

1.4. to be reworded as follows appendix 1 to this resolution it (is applied);

1.5. to be reworded as follows appendix 2 to this resolution it (is applied);

1.6. The instruction about requirements to the concept of the project of public-private partnership, to the feasibility statement on offers on project implementation of public-private partnership and to the tender documentation approved by this resolution to be reworded as follows (is attached);

1.7. in the Instruction about assessment of offers on the projects implementation of public-private partnership approved by this resolution:

in Item 5:

after the words "to the concept of the project" to add with the words "concerning the infrastructure facility offered to realization as the project";

after words "and to" add partnership with words "preliminary, preparatory and final";

in Item 8 part two:

" (nominated in Belarusian rubles)" to exclude words;

"The Ministry of Finance of the Republic of Belarus" shall be replaced with words words "Ministry of Finance";

to add subitem 9.3 of Item 9 with part of the following content:

"In the projects providing return of investments to the private partner by budget funds (payment for operational readiness), the initial parameter for finding of the minimum total amount of such payment is the predicted internal return rate on own money of the private partner including the amount of the authorized capital and loans of founders (participants) of the commercial organization created by them. NPV accepts value to equal 0 (zero), PI - value equal 1.";

to exclude from subitem 16.5 of Item 16 of the word "Republic of Belarus";

state Item 18 in the following edition:

"18. Due to the social orientation and the importance of the infrastructure projects provided to realization within the agreement on public-private partnership, total values of social and economic effect can be considered when calculating financial performance of the project and comparative advantage.";

in Item 19:

in the paragraph the second shall be replaced with words parts one of the word of "guaranteed loans" "the loans attracted under guarantee of the Government of the Republic of Belarus";

to exclude from part two of the word "to this Instruction";

in Item 20:

third subitem 20.1 to state the paragraph in the following edition:

"creation and (or) upgrade of object;";

the fifth subitem 20.3 to exclude the paragraph;

state Item 21 in the following edition:

"21. Comparative advantage (kcp) is recognized if the following condition is satisfied:

and

where PBVGChP - the net discounted budget spendings in case of project implementation according to the scheme of PPP;

Pbvbyudzh - the net discounted budget spendings in case of project implementation according to the budget scheme;

PRVGChP - total amount of obligations of the state partner in case of risks in case of project implementation according to the scheme of PPP;

Prvbyudzh - total amount of obligations of the state partner in case of risks in case of project implementation according to the budget scheme.";

in Item 22:

third subitem 22.1 after the words "on creation" to add the paragraph with the words "and (or) upgrade";

paragraphs two and third subitem 22.2 to state in the following edition:

"preparatory activities and (or) designing - financing by budget funds of expenses on preparation of the preproject and (or) project documentation for project implementation according to the scheme of PPP, on preparatory activities concerning the parcels of land for placement of object, including engineering and transport infrastructure, and also on development of the technical, technological, methodical and organizational documents necessary for creation of objects in the field of information and communication technologies;

creation and (or) upgrade of object - joint financing of expenses on creation and (or) upgrade of object by budget funds;";

in Item 23:

in subitem 23.1:

third parts one after the words "on creation" to add the paragraph with the words "and (or) upgrade";

the second to state part in the following edition:

"Expenses of the budget for the budget scheme are determined as follows:

on preparatory activities and (or) designing of object in case of project implementation according to the budget scheme are accepted equal to expenses on preparatory activities and (or) designing of object in case of project implementation according to the scheme of PPP;

on creation and (or) upgrade of object in case of project implementation according to the budget scheme are accepted equal to expenses on creation and (or) upgrade of object in case of project implementation according to the scheme of PPP;

on operation and (or) maintenance of object in case of project implementation according to the budget scheme are accepted equal to operating expenses and (or) maintenance of object in case of project implementation according to the scheme of PPP taking into account expenditure items of the budget and receipts in the budget in case of project implementation for the budget scheme.";

in word part three of "the state and guaranteed loans" shall be replaced with words "the state loans and external loans attracted under guarantee of the Government of the Republic of Belarus";

in subitem 23.2:

state paragraph two in the following edition:

"on preparatory activities and (or) designing - budget expenses on preparation of the preproject and project documentation on object, on preparatory activities concerning the parcels of land, including engineering and transport infrastructure, including by means of provision of the state support to budgetary institutions, state organizations, and also on development of the technical, technological, methodical and organizational documents necessary for creation of objects in the field of information and communication technologies;";

in paragraph three:

after the words "on creation" to add with the words "and (or) upgrade";

after the words "on creation" to add with the words "and (or) upgrades";

in Item 24:

the paragraph one of subitem 24.2 after the words "on creation" to add with the words "and (or) upgrade";

to add subitem 24.5 after the words "in case of creation" with the words "and (or) upgrades";

third Item 25 after words of "risks of creation" to add the paragraph with the words "and (or) upgrades";

to exclude from Item 26 of the word "to this Instruction";

in part ten of Item 27 of the word "The Ministry of Economics of the Republic of Belarus" shall be replaced with words "Ministry of Economics";

in subitem 28.2 of Item 28:

the paragraph one after words of "risks of creation" to add with the words "and (or) upgrades";

paragraphs two and third after the words "on creation" to add with the words "and (or) upgrade";

to add Item 29 after the words "designing, creation" with the words "and (or) upgrade";

third Item 31 after words of "risks of creation" to add the paragraph with the words "and (or) upgrades";

the paragraph one of subitem 32.2 of Item 32 after words of "risks of creation" to add with the words "and (or) upgrades";

to be reworded as follows appendix 1 to this Instruction it (is applied);

in Item 2 of appendix 2 to this Instruction:

after the word "creations" to add with the words "and (or) upgrades";

after the words "on creation" to add with the words "and (or) upgrade".

2. This resolution becomes effective after its official publication.

 

Appendix 1

to the Resolution of the Ministry of Economics of the Republic of Belarus of July 27, 2016 No. 49

Form

The concept of the project concerning the infrastructure facility offered to realization as the project of public-private partnership

_____________________________________________________________________________

(complete and reduced (if is available) the name of the state initiator or interested
body and (or) the private initiator (if the concept is developed by the private initiator) 1

____________________________________________________________________________

(the location, contact information of the state initiator or the interested body
and (or) the private initiator (if the concept was developed by the private initiator)

____________________________________________________________________________

(name of developer of the concept 2, its location, contact telephone numbers)

______________________________

1 The terms "state initiator", "private initiator", "the interested body" are used in the values established in the resolution of Council of Ministers of the Republic of Belarus of  July 6, 2016 No. 532 "About measures for implementation of the Law of the Republic of Belarus of  December 30, 2015 No. 345-Z "About public-private partnership".

2 It is filled in case of involvement of consultants.

Chapter 1. The short characteristic of the project concerning the infrastructure facility offered to realization as the project of public-private partnership

1. The name of the project concerning the infrastructure facility offered to realization as the project of public-private partnership (further – the project) _______________________________________________________________________________

____________________________________________________________________________

2. Place of project implementation (address or description of its location) _______________________________________________________________________________

____________________________________________________________________________

3. General characteristic of socio-economic indexes of development of the region (industry, field of activity), demographic situation in the region (country) _______________________________________________________________________________

____________________________________________________________________________

4. The description of the available problems (the factors which caused their origin) which solution is possible in case of project implementation _______________________________

____________________________________________________________________________

5. The name of the state and other programs, strategic documents of development of infrastructure in the Republic of Belarus _________________________________

____________________________________________________________________________

6. Project objective and solvable tasks (key indicators and their target values) interconnected with the purposes of the state and other programs, strategic documents of development of infrastructure in the Republic of Belarus ______________________

____________________________________________________________________________

7. The description of the made goods (the performed works, the rendered services), reasons for need of change of their quality (amount and (or) availability) ____________________________________________________________________________

____________________________________________________________________________

8. Needs of the primary target groups of users of object and (or) goods (works, services) made (which are carried out, rendered) in case of project implementation, being in the field of influence of the __________________________________________ project

____________________________________________________________________________

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