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

of July 19, 2019 No. 522

About approval of forms of standard agreements, the statement and questionnaires concerning special economic and industrial zones

According to the subitem 5) of article 11 of the Law of the Republic of Kazakhstan "About special economic and industrial zones" I ORDER:

1. Approve:

1) standard form of the agreement of temporary paid land use (lease) by the parcels of land which are in state-owned property on which the special economic or industrial zone, according to appendix 1 to this order is created;

2) standard form of the agreement of secondary land use (sublease) the parcels of land which are in state-owned property on which the special economic or industrial zone, according to appendix 2 to this order is created;

3) standard form of the agreement of temporary use (lease) by the parcels of land which are in private property on which the special economic or industrial zone, according to appendix 3 to this order is created;

4) standard form of the agreement of temporary secondary use (sublease) the parcels of land which are in private property on which the special economic or industrial zone, according to appendix 4 to this order is created;

5) standard form of the agreement on activities implementation, as the participant of special economic zone, according to appendix 5 to this order;

6) standard form of the agreement on activities implementation, as the participant of industrial zone, according to appendix 6 to this order;

7) standard form of the agreement on proper execution of functions of managing companies of special economic zones, industrial zones of republican and regional values, according to appendix 7 to this order;

8) standard application forms and questionnaires for registration as the participant of special economic or industrial zone, according to appendix 8 to this order;

9) standard form of the act of non-execution by the participant of special economic or industrial zone of the obligations defined by the agreement on activities implementation according to appendix 9 to this order;

10) standard form of the agreement on implementation of non-core activities, according to appendix 9-1 to this order.

2. Declare invalid some orders of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan according to appendix 10 to this order.

3. To provide to committee of industrial development and industrial safety 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.

4. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of July 19, 2019 No. 522

Standard form of the agreement of temporary paid land use (lease) by the parcels of land which are in state-owned property on which the special economic or industrial zone is created 

city _____________________ (place of agreement)

"__" ___________ 20 ___ years (date of the conclusion of the agreement)

_____________________________________________________________________,

                  (name of the legal entity)

on behalf of _______________________________________, acting on the basis of the

__________________________________________________________,

hereinafter referred to as "Lessor", on the one hand and

____________________________________________________________________

on behalf of ________________________________________, acting on the basis of the

__________________________________________________________, referred to as in

further "Lessee", on the other hand, together hereinafter referred to as "Parties", signed this agreement of temporary paid land use (lease) of the parcels of land, being in state-owned property on which the special economic zone is created, (further - the agreement), as follows:

1. Subject of the agreement

1. The lessor transfers (provides) to the lessee the parcel of land (part of the parcel of land) belonging to it on the right of state-owned property within the territory of special economic or industrial zone (further - SEZ or IZ) _________________ in temporary paid land use (lease) based on the resolution of akimat ______________ from "___" _____ 20 __ years for a period of "___" years to "___" _____ 20 __ years.

2. Location of the parcel of land and its data:

address: ________________________________________________ area

area ____________________________________________________

city __________________, street _______________________________

cadastral number: ___________________________________________

area _______________________________________________________

purpose: _____________________________________________

restrictions in use and encumbrances: _______________________

divisibility of the parcel of land: ____________________________________

3. On the parcel of land are available there (are) no real estate objects

_____________________________________________________________________

(specify real estate objects and their characteristics in case of their arrangement on

the parcel of land or to make record about lack of those).

The detailed list of real estate objects with technical characteristics is attached to this agreement (in case of their arrangement on the parcel of land).

Transfer of the parcel of land is drawn up by the delivery-acceptance certificate (with indication of actual state of the parcel of land) which is constituted and signed by the parties in duplicate (on one for each of the Parties).

The delivery-acceptance certificate joins this agreement and is its integral part.

2. Basic concepts

4. In this Agreement the following concepts are used:

1) inseparable improvements - the improvements made by the lessee with the consent of the lessor (the structures, constructions which are not contradicting purpose of the parcel of land) not separable without harm for property;

2) No. 323 is excluded according to the Order of the Acting Minister of the industry and infrastructure development of the Republic of Kazakhstan of 05.05.2023

3) the lessor - the state legal entity who is the owner of the parcel of land which is in limits of borders of SEZ or IZ;

4) the lease agreement - the agreement of temporary paid land use (lease) by the parcels of land which are in state-owned property on which SEZ or IZ concluded between the lessor and the lessee according to Civil and Land codes of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About special economic and industrial zones" is created (further - the Law), other regulatory legal acts, constituted in writing, signed by the Parties, with all appendices and amendments to it;

5) the parcel of land - the parcel of land which is in the territory of SEZ or IZ ______________________________________;

6) the lessee - the legal entity created or determined according to the Law and the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies" for ensuring functioning of special economic zone or the legal entity created or determined compliance with the Law for ensuring functioning of industrial zone.

3. Rights and obligations of the Parties

5. The lessee has the right:

1) independently to own and use the parcel of land, using it for the purpose of, following from purpose of the parcel of land;

2) property on products received as a result of use of the parcel of land and the income from its realization;

To build 3) with the consent of the lessor of structure and construction, not contradicting purpose of the parcel of land;

4) on cost recovery, connected with inseparable improvements of the parcel of land after this Agreement effective period according to regulations of the Civil code of the Republic of Kazakhstan;

5) to sign agreements of the sublease with participants of special economic and industrial zones, and also with persons performing auxiliary or non-core types of activity;

6) other rights established by the laws of the Republic of Kazakhstan.

6. The lessee shall:

1) to use the parcel of land according to its main purpose and according to the procedure, provided by this Agreement;

2) to apply the nature protection production technology, not to allow damnification to the surrounding environment and deteriorations in ecological situation as a result of the economic activity;

3) to perform the actions for protection of lands provided by the land legislation of the Republic of Kazakhstan;

4) when implementing on the parcel of land of construction to be guided by the existing architectural and planning, construction, ecological, sanitary and hygienic and other special requirements (regulations, rules, standard rates) according to the laws of the Republic of Kazakhstan;

Timely to represent 5) to authorized bodies of the data on condition and use of the parcel of land;

6) not to allow removal of fertile layer of earth with sales objective or transfers to her other persons, except as specified, when such removal is necessary for prevention of irretrievable loss of fertile layer;

7) to pay in full damages in case of quality degradation of lands and ecological situation as a result of the economic activity;

8) within one month to register the lease right to the parcel of land in judicial authorities or changes to it in the procedure established by the legislation of the Republic of Kazakhstan;

To report 9) to local executive bodies about the revealed production wastes and consumption which are not their property;

9-1) prior to production or works and services in the territory of SEZ provided by the Agreement on activities implementation / about implementation of non-core activities the Lessee shall for the account of own means, complete designing of object in time not later ________, carry out installation and construction works according to the approved project and provide commissioning of object in the territory of special economic zone to _______ 20 __ to year;

10) to perform other duties established by the laws of the Republic of Kazakhstan.

7. The lessor has the right:

1) on indemnification in full, the lands caused by quality degradation and ecological situation as a result of economic activity of the lessee;

2) other rights according to the laws of the Republic of Kazakhstan.

8. The lessor shall:

To transfer 1) to the lessee the parcel of land in the condition corresponding to terms of the contract;

2) to perform other duties established by the laws of the Republic of Kazakhstan.

4. Agreement term

9. This agreement becomes effective from the date of its conclusion the Parties.

10. This agreement is signed for a period of __________ years, but no more than the term of creation and functioning of SEZ or IZ ______________________.

11. The validity of this agreement can be extended by agreement of the parties within effective period of SEZ or IZ.

12. The application for prolongation of effective period of this agreement is directed by the lessee to the lessor not later than 1 (one) calendar month before this agreement expiration.

13. The application for prolongation of effective period of this agreement is considered by the lessor no later than one month from the date of its obtaining from the lessee.

At the same time the lessee has the privilege before the third parties to the conclusion of the contract for new term.

5. Payment for use of the parcel of land

14. According to Item 1 of article 709 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) the organization or the individual entrepreneur performing activities in the territory of special economic zone in case of determination of the amount of the land tax, property tax and the payment for use of the parcels of land which is subject to payment in the budget on the taxation objects (subjects to taxation) located in the territory of special economic zone and used when implementing priority types of activity is reduced by the amounts of the estimated tax and (or) payment by 100 percent.

6. Responsibility of the parties

15. Bear the responsibility provided by the laws of the Republic of Kazakhstan and this agreement for non-execution or improper execution of terms of this agreement of the Party.

16. The responsibility of the parties for violation of the obligations under this agreement caused by force majeure is regulated by the laws of the Republic of Kazakhstan.

7. Conditions of change, amendment, termination and termination of this agreement

17. Change of terms of this agreement and its termination unilaterally before expiration on condition of accomplishment of the obligations by the parties under this agreement are not allowed except as specified, provided in Item 23 of this agreement.

18. All changes and amendments to this agreement are valid only on condition that they are drawn up in writing and signed the agents of the parties authorized on that.

19. This agreement is terminated in case of:

1) abolition of SEZ or IZ;

2) expiration of this agreement if the Parties do not reach the agreement on its prolongation;

3) early termination of this agreement judicially.

8. Procedure for the dispute resolution

20. Disputes and disagreements which can arise in case of obligation fulfillment under this agreement are permitted by negotiations between the Parties.

21. In case of impossibility of the dispute resolution by negotiations within three months, the Parties report them for consideration to judicial authorities of the Republic of Kazakhstan.

22. The parties are not exempted from accomplishment of the obligations established by this agreement, to complete permission of the arisen disputes and disagreements.

9. Force majeure circumstances

23. The party which did not fulfill or inadequate image fulfilled the obligation under this agreement, bears property responsibility if it does not prove that proper execution was impossible owing to force majeure, that is circumstances extraordinary and impreventable under existing conditions (the spontaneous phenomena, military operations, etc.).

10. Final provisions

24. The legal relationship of the Parties which are not stipulated by this agreement are regulated by the laws of the Republic of Kazakhstan

25. All notifications and documents required in connection with implementation of this agreement are considered provided and delivered properly to each of the Parties under this agreement only upon their obtaining by the Party to which they are addressed.

26. The notification and documents are handed directly to the Party purposely or go by mail, registered air mail, the fax.

27. In case of change of the postal address by the Party each of the Parties shall provide the written notice to other Party within 7 working days.

28. All appendices to this Agreements are its integral parts.

29. Changes and amendments in this agreement are drawn up by the written agreement of the Parties. Such agreement is this agreement component.

30. The agreement is constituted in duplicate, having identical legal force from which one is at the lessor, the second copy - at the lessee.

31. This agreement is signed ________ (day), _______ (month) 20 ___ years in ___________ the Republic of Kazakhstan, by authorized representatives of the Parties.

32. Legal addresses and signatures of the Parties:

Lessee:

Lessor:

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