ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2021 No. 48

About modification and amendments in some Orders

I ORDER:

1. Approve the enclosed list of some orders to which changes and additions are made.

2. To provide to department of investment policy 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 national economy of the Republic of Kazakhstan;

3) 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 national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication, except for the fourteenth and fifteenth paragraphs of Item 2 of the enclosed list of some orders approved by this order which become effective since April 1, 2022.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of April 28, 2021, No. 48

The list of some Orders to which changes and additions are made

1. In the order of the Minister of Economy and Budget Planning of the Republic of Kazakhstan of February 23, 2009 No. 24 "About approval of the Technique of cost determination of subject to concession and total cost of the state support of activities of concessionaries and sources of cost recovery" (it is registered in the Register of state registration of regulatory legal acts for No. 5604):

in the Technique of cost determination of subject to concession and total cost of the state support of the activities of concessionaries and sources of cost recovery approved by the specified order:

state Item 24 in the following edition:

"24. The compensation amount of investment costs of the concessionary is equal to the cumulative size of payments during the period of operation of subject to concession.

By provision on subject to concession of compensation of investment costs as separately, and together with other measures of the state support and payments from the government budget:

compensation of investment costs is not indexed on the rate of inflation;

regulating documents on pricing in construction according to the legislation on architectural, town-planning and construction activities in the Republic of Kazakhstan are considered.

Payment of compensation of investment costs is performed after input of subject to concession in operation by equal shares during the term constituting at least 5 (five) years according to the agreement of concession.

At the same time postponement of payments of compensation of the investment costs established by the agreement of concession for earlier periods is not allowed.".

2. In the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determinations of feasibility of budget crediting" (it is registered in the Register of state registration of regulatory legal acts for No. 9938):

in Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and the determinations of feasibility of budget crediting approved by the specified order:

state Item 18 in the following edition:

"18. Conducting necessary examinations of the investment offer of GIP represents consideration of the documents specified in Item 6 of these rules and preparation of the economic conclusion by the central or local authorized body on state planning investment offers of ABP.

The central or local authorized body on state planning considers investment offers of ABP regarding economic feasibility, compliance of project objectives to priorities of development of industry (sphere) of economy, the established documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan, in time and the economic conclusion of ABP on them directs no more than 20 (twenty) working days.

If ABP is offered to realize GIP by project implementation of PPP, including the concessionary project, and the total amount of payments from the budget for the project of PPP, including the concessionary project constitutes more than 2 (two) percent from limit of the state obligations of projects of PPP of local executive body the current year, local authorized body on state planning in time no more than 1 (one) working day direct the documents specified in Item 6 of these rules to the legal entity determined by the Government of the Republic of Kazakhstan for the purpose of development of the recommendation on investment the offer of ABP.

The legal entity determined by the Government of the Republic of Kazakhstan in time of no more than 15 (fifteen) working days on the basis of assessment of the submitted data develops recommendations on the investment offer of ABP regarding justification (compliance to the principles and signs of PPP) of realization of GIP by project implementation of PPP, including the concessionary project and submits recommendations about them to local authorized body on state planning on structure according to appendix 50 to these rules.

The local authorized body on state planning prepares the economic conclusion taking into account the recommendation of the legal entity determined by the Government of the Republic of Kazakhstan (in the presence).";

in the Technique of selection of the state investment project approved by the specified order:

state Item 1 in the following edition:

"1. The main premises (criteria) among other things for projects implementation of public-private partnership (further - PPP), including concessionary projects for the state are availability in total of the following factors:

1) the project is guided by investment attraction by the private partner (concessionary) for the purpose of value creation for the population for the long-term period;

2) project objective is improvement of quality of the provided services and the project is attractive to subjects of entrepreneurship;

3) the size of the state obligations on projects of public-private partnership, including the state concessionary obligations (in case of their need) shall be no more cash amounts involved by the private partner (concessionary) in the project of public-private partnership or the concessionary project at stage of their selection, including own money of the private partner (concessionary).

At the same time, participation of own money of the private partner (concessionary) constitutes at least ten percent from the project cost of public-private partnership (subject to concession);

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