I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 1, 2020 No. 175

About approval of rules of rendering the state services in the field of issue of licenses in architectural, town-planning and construction activities and about modification and amendments in some Orders of the Minister of national economy of the Republic of Kazakhstan

According to article 10 of the Law of the Republic of Kazakhstan "About the state services", I ORDER:

1. Approve:

1) rules of rendering the state service "Licensing for Prospecting Activities", according to appendix 1 to this order;

2) rules of rendering the state service "Licensing for Project Activities", according to appendix 2 to this order;

3) rules of rendering the state service "Licensing for Installation and Construction Works", according to appendix 3 to this order.

2. Approve the enclosed list of some orders of the Ministry of national economy of the Republic of Kazakhstan in which it is brought changes and amendments, according to appendix 4 to this order.

3. 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) 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 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

Appendix 1

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 1, 2020 No. 175

Rules of rendering the state service "Licensing for Prospecting Activities"

Chapter 1. General provisions

1. These rules of rendering the state service "Licensing for Prospecting Activities" (further - Rules), are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and regulate the procedure of licensing for prospecting activities.

2. In these rules the following concepts are applied:

1) the web portal of "the electronic government" - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

2) qualification requirements - set of the quantitative and high-quality standard rates and indicators characterizing capability of the applicant and licensee to be engaged in the separate licensed type of activity and (or) subspecies of the licensed type of activity, shown as when licensing and (or) appendices to the license, and throughout the entire period of time of its reality;

3) the license - the permission of the first category issued by the licensor to physical person or legal entity on implementation of the licensed type of activity or subspecies of the licensed type of activity connected with the high level of danger;

4) the licensee - the physical person or legal entity having the license.

3. The state service "Licensing for Prospecting Activities" (further - the state service) appears local executive bodies of areas, cities of Astana, Almaty and Shymkent (further - the service provider) according to these rules.

Chapter 2. Procedure for rendering the state service

4. Physical persons and legal entities (further – uslugopoluchatel) for receipt of the state service direct the application with documents in electronic form, certified by the electronic and digital signature (further - the EDS) to the service provider through the web portal of "the electronic government" www.egov.kz (further - the portal) or object of informatization "information system in the field of architecture, town planning and construction of e-Qurylys.kz" (www.equrylys.kz) (further – information system).

appendix with the list of the main requirements to rendering the state service which "Licensing for prospecting activities" (further – the state service) according to appendix 1 to these rules contains (further – the List of the main requirements).

5. The list of documents necessary for rendering the state service are determined by Item 8 of the List of the main requirements.

Data of identity documents; about state registration (re-registration) of the legal entity; about state registration of the individual entrepreneur; data on the license and (or) appendices to the license, about 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 adoption of the statement for rendering the state service with indication of date and time of receipt of result of the state service goes to "personal account".

6. Actions of structural divisions (workers) of the service provider during the obtaining and (or) renewal of the license and (or) appendix to the license for prospecting activities for the reorganization reasons:

1) the service provider performs registration of a statement with documents, specified by subitems 1) and 3) of Item 5 of these rules, in day of their receipt.

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 an application and issue of result of rendering the state service is performed the next working afternoon.

2) the service provider considers the application with documents on compliance to Single qualification requirements and the list of the documents confirming compliance to them for implementation of activities in the field of architecture, town planning and the construction approved by the order of the Acting Minister of national economy of the Republic of Kazakhstan of December 9, 2014 No. 136 (further - Qualification requirements) during - 3 (three) working days.

In case of representation by uslugopoluchatel of incomplete document package the service provider within two working days from the moment of registration of the submitted documents specified by Item 5 of these rules prepares motivated refusal in further review of the statement and sends to "personal account".

The service provider by results of consideration of the application with documents draws up 3), signs and sends to "personal account" of uslugopoluchatel the license and (or) appendix to the license during – 1 (one) working day.

In case of identification of the bases for refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the service provider grants the license and (or) appendix to the license or motivated refusal in rendering the state service.

7. Actions of structural divisions (workers) of the service provider in case of renewal of the license for prospecting activities in the cases specified by Item 8 of these rules:

1) the service provider performs registration of a statement with documents, the these rules specified by the subitem 2) of Item 5, in day of their receipt.

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 an application and issue of result of rendering the state service is performed the next working afternoon.

2) the service provider considers the application with documents draws up, signs and sends to "personal account" of uslugopoluchatel the license and (or) appendix to the license during - 2 (two) working days.

8. The license and (or) appendix to the license are subject to renewal in the following cases:

1) changes of surname, name, middle name (in case of its availability) physical person licensee;

2) re-registrations of the individual entrepreneur licensee, change of its name or legal address;

3) reorganization of legal person licensee according to the procedure determined by article 34 of the Law of the Republic of Kazakhstan "About permissions and notifications";

4) changes of the name and (or) the location of legal person licensee (in case of specifying of the address in the license).

Actions of subitems 2) and 4) of part one of this Item do not extend to cases when changes of legal address of the individual entrepreneur licensee, location addresses of legal person licensee, the object location address for the license granted on class "the permissions issued on objects" or for appendices to the license with indication of objects occurred in connection with change of the name of settlements, names of streets according to requirements of the Law of the Republic of Kazakhstan "About the administrative-territorial device of the Republic of Kazakhstan". Such address modifications of licensees and subject of the license are performed by means of integration of the state information systems.

9. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services according to the procedure, established by authorized body in the field of informatization according to the subitem 11) of Item 2 of article 5 of the Law.

10. Suspension, action renewal, deprivation (response) of the license and (or) appendix to the license is performed according to the procedure and (or) on the bases provided by the Law of the Republic of Kazakhstan "About permissions and notifications".

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider concerning rendering the state services

11. The claim concerning rendering the state services by uslugopoluchatel is submitted to the service provider, the official whose decision, action (failure to act) are appealed.

The service provider, the official, whose decision, action (failure to act) are appealed no later than 3 (three) working days from the date of receipt of the claim send it and administrative case to the body considering the claim.

At the same time the service provider, the official whose decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the favorable decision, will make the action which is completely meeting the requirements specified in the claim.

The claim of uslugopoluchatel according to Item 2 of article 25 of the Law of the Republic of Kazakhstan "About the state services" is subject to consideration within 5 (five) working days from the date of its registration.

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

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.

12. No. 150 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 24.03.2022

13. No. 150 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 24.03.2022

 

Appendix 1

to Rules of rendering the state service "Licensing for Prospecting Activities"

List of the main requirements to rendering the state service "Licensing for Prospecting Activities" Engineering and geodetic works; Engineering-geological and engineering and hydrogeological works; 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; 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
1	Name of the service provider	Local executive bodies of areas, cities of Astana, Almaty and Shymkent
2	Methods of provision of the state service	Web portal of "the electronic government": www.egov.kz. "Information system in the field of architecture, town planning and construction of e-Qurylys.kz" (www.equrylys.kz).
3	Term of rendering the state service	1) issue, renewal of the license and (or) appendix to 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; 2) 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 – 3 working days.
4	Form of rendering the state service	Electronic (completely automated)
5	Result of rendering the state service	Licensing and renewal of the license and (or) appendix to the license for prospecting activities, or the motivated answer about refusal in rendering the state service. Form of provision of result of rendering the state service: electronic.
6	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	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 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".
7	Working schedule of the service provider, subjects of information	1) service providers – Monday through Friday, according to the established working schedule, except for days off and holidays, according to the Labor code of the Republic of Kazakhstan (further – the Code) with lunch break from 13:00 to 14:30 o'clock. 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 Code, reception of applications and issue of results of rendering the state service is performed the next working afternoon).
8	The list of the documents and data requested at uslugopoluchatel for rendering the state service	1) in case of receipt of the license and (or) appendix to the license: for physical person – the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 2 to these rules; for the legal entity – the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 3 to these rules; form of the data on compliance to Qualification requirements according to appendix 4 to these rules 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 5 to these rules; for the legal entity – the application in electronic form signed by the EDS of uslugopoluchatel in form according to appendix 6 to these rules; 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 6 to these rules; form of data on compliance to Qualification requirements according to appendix 4 to these rules; 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. Uslugopoluchatel agrees to use of the data which are the secret protected by the law, containing in information systems.
9	The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan	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) 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; 5) court based on representation of the legal executive the applicant debtor is temporarily forbidden to grant the license; 6) unauthenticity of the documents submitted by the applicant for receipt of the license, and (or) these (data) containing in them is established.
10	Other requirements taking into account features of rendering the state service including rendered electronically	Uslugopoluchatel receives information on the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center concerning rendering the state services. Contact telephone numbers of service desks of the service provider concerning rendering the state service are placed on Internet resources of authorized body for architecture, town planning and construction and the service provider: www.egov.kz. Single contact center concerning rendering the state services: 1414.

Appendix 2

to Rules of rendering the state service "Licensing for Prospecting Activities"

Form

The statement of physical person for receipt of the license and (or) appendix to the license

IN ________________________________________________________________________
                             (full name of the licensor)

From ________________________________________________________________________
     (surname name middle name (in case of its availability) physical person, details of individual identification number)

I ask to grant the license and (or) appendix to the license for implementation

__________________________________________________________________________
  (specify full name of type of activity and (or) subspecies of activities)

Residential address of ______________________________________ physical person
  (postal index, area, city, area, settlement, name of the street, number of the house/building)

E-mail _________________________________________________________

__________________________________________________________________ phones

______________________________________________________________________ fax

Bank account ___________________________________________________________
                                     (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

___________________________________________________________________________
   (postal index, area, city, area, settlement, name of the street, number of the house/building (stationary room)

It is applied _____ sheets.

Proves to be true present that:

all specified data are official contacts and any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed to them;

the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;

all enclosed documents are true and are valid;

the applicant agrees to use of the personal data of limited access which are the secret protected by the law, containing in information systems when licensing and (or) appendices to the license.

___________________ ________________________________________ physical person
                                      (signature) (surname, name, middle name (in case of its availability)

Date of filling: "___" ______ 20 __ years

Appendix 3

to Rules of rendering the state service "Licensing for Prospecting Activities"

Form

The statement of the legal entity for receipt of the license and (or) appendix to the license

IN __________________________________________________________________________________
                                  (full name of the licensor)

from __________________________________________________________________________________
     (full name, the location, business and identification number of the legal entity (including the foreign legal entity), business and identification number of branch or representation of the foreign legal entity - in case of lack of business and identification number at the legal entity)

I ask to grant the license and (or) appendix to the license for implementation

__________________________________________________________________________
   (specify full name of type of activity and (or) subspecies of activities)

Address of the legal entity ___________________________________________________
  (the postal index, the country (for the foreign legal entity), the area, the city, the area, the settlement, the name of the street, number of the house/building (the stationary room)

E-mail _________________________________________________________

_________________________________________________________________ phones

_____________________________________________________________________ fax

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