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

of July 10, 2019 No. 499

About introduction of amendments to some orders of the Ministry of national economy of the Republic of Kazakhstan

According to Item 2 of article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" I ORDER:

1. Approve the enclosed list of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

2. To provide to committee on cases of construction and housing and communal services 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 "Institute of the legislation and legal information of the Republic of Kazakhstan" 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.

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 national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of July 10, 2019, No. 499

The list of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made

1. In the order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 276 "About approval of standards of the state services in the field of architecture, town planning and construction" (it is registered in the Register of state registration of regulatory legal acts for No. 11133, it is published on June 12, 2015 in information system of law of Ad_let):

to be reworded as follows the standard of the state service "Licensing for Prospecting Activities" approved by the specified order according to appendix 1 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made;

to be reworded as follows the standard of the state service "Licensing for Project Activities" approved by the specified order according to appendix 2 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made;

to be reworded as follows the standard of the state service "Licensing for Installation and Construction Works" approved by the specified order according to appendix 3 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made;

to be reworded as follows the standard of the state service "Certification of the Experts Who Are Carrying Out Expert Works and Engineering Services in the field of Architectural, Town-planning and Construction Activities" approved by the specified order according to appendix 4 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

2. In the order of the Minister of national economy of the Republic of Kazakhstan of November 23, 2015 No. 709 "About approval of Rules and allowing requirements for accreditation of the organizations performing engineering services in technical supervision and expert works on technical inspection of reliability and stability of buildings and constructions on technically and technologically difficult objects of the first and second levels of responsibility" (it is registered in the Register of state registration of regulatory legal acts for No. 12535, it is published on December 31, 2015 in information system of law of Ad_let):

Rules and allowing requirements for accreditation of the organizations performing engineering services in technical supervision and expert works on technical inspection of reliability and stability of buildings and constructions on technically and technologically difficult objects of the first and second levels of responsibility, approved by the specified order to be reworded as follows according to appendix 5 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

3. In the order of the Minister of national economy of the Republic of Kazakhstan of November 26, 2015 No. 733 "About approval of Rules on accreditation of the organizations for project management of architecture, town planning and construction" (it is registered in the Register of state registration of regulatory legal acts for No. 12702, it is published on January 15, 2016 in information system of law of Ad_let):

in Rules on accreditation of the organizations for project management of the architecture, town planning and construction approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Rules and qualification requirements";

state item 4 in the following edition:

"4. For accreditation passing applicants provide the following documents:

1) the statement in the established form according to appendix 1 to these rules;

2) data according to allowing requirements shown to the organizations for project management in the field of architecture, town planning and construction according to appendix 2 to these rules.";

exclude Items 6 and 7:

state Items 9 and 10 in the following edition:

"9. The term of issue of the certificate on accreditation constitutes 20-40 minutes.

10. The authorized body in the specified time grants the certificate on accreditation in form according to appendix 4 to these rules.";

state appendix 4 in edition according to appendix 6 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

4. In the order of the Minister of national economy of the Republic of Kazakhstan of November 26, 2015 No. 735 "About approval of Rules and allowing requirements for accreditation of the non-state certification centers for certification of the engineering employees participating in design process and constructions" (it is registered in the Register of state registration of regulatory legal acts for No. 12752, it is published on January 15, 2016 in information system of law of Ad_let):

in Rules and allowing requirements for accreditation of the non-state certification centers for certification of the engineering employees participating in design process and the constructions approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Rules on accreditation of the certification centers for certification of the engineering employees participating in design process and constructions";

state item 4 in the following edition:

"4. For accreditation passing applicants provide the following documents:

1) the statement in the established form according to appendix 2 to these rules and allowing requirements;

2) data and documents according to allowing requirements according to appendix 3 to these rules and allowing requirements.";

state Item 8 in the following edition:

"8. The term of issue of the certificate from the date of acceptance of complete set of documents from the applicant constitutes 10 (ten) working days.".

5. In the order of the acting minister of national economy of the Republic of Kazakhstan of February 12, 2016 No. 72 "About approval of the standard of the state service "Accreditation of the Legal Entities Exercising Technical Supervision and Technical Inspection on Objects of the First and Second Levels of Responsibility" (it is registered in the Register of state registration of regulatory legal acts for No. 13210, it is published on February 25, 2016 in information system of law of Ad_let):

to be reworded as follows the standard of the state service "Accreditation of the Legal Entities Exercising Technical Supervision and Technical Inspection on Objects of the First and Second Levels of Responsibility" approved by the specified order according to appendix 7 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

6. In the order of the acting minister of national economy of the Republic of Kazakhstan of February 12, 2016 No. 74 "About approval of the standard of the state service "Accreditation of the Organizations for Project Management in the field of Architecture, Town Planning and Construction" (it is registered in the Register of state registration of regulatory legal acts for No. 13213, it is published on March 2, 2016 in information system of law of Ad_let):

to be reworded as follows the standard of the state service "Accreditation of the Organizations for Project Management in the field of Architecture, Town Planning and Construction" approved by the specified order according to appendix 8 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

7. In the order of the acting minister of national economy of the Republic of Kazakhstan of February 12, 2016 No. 75 "About approval of the standard of the state service "Accreditation of the Non-state Certification Centers for Certification of the Engineering Employees Participating in Design Process and Constructions" (it is registered in the Register of state registration of regulatory legal acts for No. 13211, it is published on February 25, 2016 in information system of law of Ad_let):

to be reworded as follows the standard of the state service "Accreditation of the Non-state Certification Centers for Certification of the Engineering Employees Participating in Design Process and Constructions" approved by the specified order according to appendix 9 to this List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made.

Appendix 1

to the List of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes are made

Appendix 1

to the Order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 276

Standard of the state service "Licensing for Prospecting Activities"

Chapter 1. General provisions

1. Name of the state service: "Licensing for prospecting activities" (further - the state service).

2. The name of the central state body developing the standard of the state service: The ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears the local executive bodies of areas, Nour-Sultan's cities, Almaty and Shymkent exercising the state architectural construction supervision (further - the service provider).

Reception of applications and issue of result of rendering the state service are performed through the web portal of "the electronic government": www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. Constitutes terms of rendering the state service from the date of delivery of document package in the portal:

1) issue, renewal of the license by reorganization of legal person licensee in the form of allocation and separation and in case of renewal of the license with assignment of category - 5 working days (day of reception of applications and documents does not enter rendering the state service in time);

2) renewal of the license in case of re-registration of the individual entrepreneur licensee, change of its name or legal address, renewal of the license in case of change of the name and (or) the location of legal person licensee, renewal of the license in case of change of surname, name, middle name (in case of its availability) physical person licensee - 3 working days (day of reception of applications and documents does not enter rendering the state service in time).

The service provider within 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 the service provider within the specified terms gives motivated refusal in further review of the statement.

5. Form of rendering the state service: electronic (completely automated).

6. Licensing and renewal of the license for prospecting activities, or the motivated answer about refusal in provision of the state service in cases and on the bases, stipulated in Item 10 these standards is result of rendering the state service.

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

In case of the address of uslugopoluchatel the result of the state service goes to uslugopoluchatel to "personal account" in electronic form, certified by the digital signature (further - the EDS) the authorized person of the service provider.

7. The state service is rendered for a fee: to physical persons and legal entities.

For rendering the state service the license fee for the occupation right is levied by separate types of activity which according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" constitutes (Tax code):

1) for licensing - 10 monthly settlement indicators;

2) for renewal of the license - 10% of rate when licensing.

Payment of the license fee is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities.

When giving electronic request for receipt of the license, renewal of the license for prospecting activities, payment it is performed through payment gateway of "the electronic government".

8. Working schedule:

1) the service provider - Monday through Friday, from 9:00 to 18.30, 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;

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 applications and issue of results of rendering the state service is performed the next working afternoon).

9. For receipt of the state service the uslugopoluchatel represents the list of documents:

1) in case of receipt of the license:

for physical person - the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 1 to this standard of the state service;

for the legal entity - the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 2 to this standard of the state service;

form of the data on compliance to qualification requirements according to appendix 3 to this standard of the state service with documentary confirmation of availability in staff of the engineering employee which are part of required subspecies of the licensed type of activity and availability of the minimum material equipment;

2) in case of renewal of the license for the reasons of change of surname, name, middle name (in case of its availability) physical person licensee, re-registration of the individual entrepreneur licensee, change of its name or legal address, change of the name and (or) the location of legal person licensee, reorganization of legal person licensee in the form of merge, reorganization of legal person licensee in the form of transformation, reorganization in the form of joining of legal person licensee to other legal entity:

for physical person - the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 4 to this standard of the state service;

for the legal entity - the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 5 to this standard of the state service;

3) in case of renewal of the license for the reasons of reorganization of legal person licensee in the form of allocation, reorganization of legal person licensee in the form of separation:

the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 5 to this standard of the state service;

form of data on compliance to qualification requirements according to appendix 3 to this standard of the state service;

the electronic copy drawn up in the procedure for the decision on the consent of the legal entity established by the legislation of the Republic of Kazakhstan from which allocation on renewal of the license for the allocated legal entity by reorganization of legal person licensee in the form of allocation is made.

Data of identity documents; about state registration (re-registration) of the legal entity; about state registration of the individual entrepreneur; data on the license, on the license fee; are provided to the service provider from information systems through lock of "the electronic government".

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

To Uslugopoluchatel the status about acceptance of request for rendering the state service with indication of date and time of receipt of result of the state service goes to "personal account".

10. The basis for refusal in rendering the state service is:

1) occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of physical persons or legal entities;

2) the license fee is not brought;

3) the applicant does not conform to qualification requirements;

4) the licensor receives the answer from the relevant approving state body about discrepancy of the applicant to requirements imposed when licensing;

5) concerning the applicant there is decision (sentence) of court on suspension or prohibition of activities or the separate types of activity which are subject to licensing took legal effect;

6) court based on representation of the legal executive the applicant debtor is temporarily forbidden to grant the license.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) his officials concerning rendering the state service

11. In case of appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials the claim is submitted addressed to the head of the service provider or the Ministry of the addresses placed on Internet resources of the Ministry: www.miid.gov.kz, service provider.

The claim is submitted in writing by mail, or purposely through office of the service provider or the Ministry.

Confirmation of adoption of the claim is registration (stamp, the entering number and date) in office of the service provider, or the Ministry, with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

In the claim:

1) physical person - its surname, name, middle name (are entered in case of its availability), the postal address, contact telephone number;

2) the legal entity - its name, the postal address, reference number and date. The appeal is signed by uslugopoluchatel.

The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within 5 (five) working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslogopoluchatel by mail or is issued purposely in office of the service provider.

In case of the address through the portal obtains information on procedure for appeal by phone single contact center 1414.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration).

In case of disagreement with results of the rendered state service the uslugopoluchatel addresses with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is considered 15 (fifteen) working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements taking into account features of rendering the state service rendered electronically

13. Addresses of places of rendering the state service are placed on Internet resources:

Ministries of www.miid.gov.kz;

service provider.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info