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

of February 10, 2022 No. 12

About modification and amendments 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"

I ORDER:

1. Bring 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) the following changes and amendment:

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:

in Item 2:

36) to state the subitem in the following edition:

"36) the concessionary project - set of actions for implementation of the concession realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About concessions";";

4) of Item 6 to state the subitem in the following edition:

"4) calculations and reasons for cost of GIP (according to construction standard rates, regulating documents on pricing in construction or calculation procedure and to standard rates of costs for creation, development and maintenance of objects of the informatization of state bodies approved according to Item 1 of the subitem 23) of article 7 of the Law of the Republic of Kazakhstan "About informatization" (further - the Technique);";

7) of Item 9 to state the subitem in the following edition:

"7) justification of amount of GIP.

The investment offer of the state investment project in the field of informatization ABP are brought in authorized body and authorized body in the field of ensuring information security for receipt of the conclusions in spheres of informatization and information security.

Examination in the field of informatization of investment offers is performed according to the rules of conducting examination in the field of informatization of investment offers, financial and economic reasons for budget investments approved according to Item 1 of article 57 of the Law of the Republic of Kazakhstan "About informatization".

Assessment regarding justification of calculations of expenses, determinations of feasibility and efficiency of the budget investment project directed to creation and development of objects of informatization is performed by authorized body in the field of informatization, according to Item 2 of article 57 of the Law of the Republic of Kazakhstan "About informatization" and it is specified in the conclusion in the field of informatization.";

state Item 138 in the following edition:

"138. Appendices are completed with documents:

1) to the Section "Retrospective":

the financial reporting of participants (separate and consolidated) with seal and signed by the first head of state body - ABP of either replacement his face, or the face authorized separately on each Investments by the first head of state body - ABP and the chief accountant for the last three years preceding introduction of FEO of Investments into the central or local authorized body on state planning and also explanatory notes to the financial reporting;

for participants whose financial records audit according to the legislation of the Republic of Kazakhstan on auditor activities is obligatory the audited financial reporting and audit reports constituted for the last three years are represented. At the same time the participant can provide the unaudited financial reporting for the last accounting period in the presence of the objective reasons according to the current legislation.

The financial reporting is submitted according to requirements of the current legislation, including with appendix of information on financial participations in other organizations, with appendix by detailed disaggregation of the balance sheet items occupying 10% and more in balance sheet total;

2) to the Section "Institutional":

copies of documents according to which are created or are created participants;

copy of the charter of the Receiver of Investments (in the presence);

when implementing Investments on forming of the authorized capital of legal entities on projects of institutional PPP copies of documents between the state and private partners on project implementation are provided;

3) to the Section "Justification":

"The cost and characteristics of the acquired (created) assets" in form according to appendix 19 to these rules;

copies of price lists (in case of lack of price lists on similar goods, works and services at least two independent estimative conclusions are provided), the estimative acts and other documents containing information, the confirmatory information provided in the subitem 2) of Item 129 of these rules. At the same time if this processing and engineering equipment which cost is confirmed in the conclusion of complex non-departmental examination additional supporting documents are not required.

When implementing Investments the conclusion of industry examination of the relevant authorized state body is provided.

If realization of Investments affects the sphere of responsibility of several industry state bodies, the specified industry state bodies in addition provide the conclusions of the corresponding examinations of Investments.

At the same time the additional conclusions of industry examinations are provided by the relevant industry state bodies, only regarding impact assessment of realization of Investments on the supervising industry and compliance to industry priorities.

The conclusion of industry examination contains the following:

assessment of the analysis of the existing situation in industry;

assessment of the analysis of situation in industry in case of not implementation of actions, the Investments specified in FEO;

impact assessment of implementation of actions of FEO of Investments on development of industry with reduction of quantitative and qualitative indexes and specifying:

roles and places of actions of FEO of Investments in structure of economy of industry;

justification of the choice of location and scale of implementation of actions of FEO of Investments;

sales opportunity of actions of FEO of Investments;

sufficiency and efficiency evaluation of technical solutions on actions of FEO of Investments;

assessment of conformity of actions of FEO of Investments to international standards, use of optimum latest technologies;

assessment of alternative options of goal achievement of actions of FEO of Investments;

justification of costs for commissioning of the facility according to the departmental standard rates approved by industry authorized state body in case of availability.

When implementing the Investments directed to creation (construction) new or reconstruction of the available objects, as a part of FEO of Investments the feasibility study (developed according to these rules) or the design and estimate documentation, and also the conclusion of complex non-departmental examination, the land management project or the land cadastral plan (with appendix in need of calculations of losses of owners of the parcels of land and land users, losses of agricultural and forestry and landscape production depending on type of the withdrawn grounds), specifications is submitted.

In case of availability of costs for commissioning of the facility the conclusions of industry examination of authorized state body, and complex non-departmental examination on expenses on commissioning of the facility (commissioning) according to departmental standard rates are required.

For large objects of power pool system and technically difficult objects of the atomic and heat power complexes requiring immediate commissioning in connection with threat of social and economic stability, costs on commissioning are performed according to the calculations provided in the conclusion of industry examination of authorized state body containing including confirmation of threat of social and economic stability of the country.

When implementing the Investments directed to creation and development of objects of informatization as a part of FEO of Investments the conclusions, stipulated by the legislation the Republic of Kazakhstan about informatization are represented.

When implementing the Investments directed to implementation of actions, assuming innovative and (or) space activities the conclusion of the state scientific and technical examination is submitted;

4) to the Section "Result":

"The program of production" for form according to appendix 20 to these rules;

"The program of sales of products" for form according to appendix 21 to these rules;

the financial model prepared according to the "Requirements to Financial Model" form specified in appendix 22 to these rules.

On the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities in the form of non-commercial joint-stock companies, the state companies performing activities in the socially important sphere and which main source of the income is the republican and (or) local budget availability of financial model it is not required. The social importance of Investments, is determined by the conclusion of industry examination;

"Results of Investments" on form according to appendix 23 to these rules;

"Budget efficiency of actions of FEO" in form according to appendix 24 to these rules;

the forecast of financial performance of the Receiver of Investments, without Investments, according to the forms determined in the List and forms of the annual financial reporting for the publication the organizations of public interest (except the financial organizations) approved by the order of the Minister of Finance of the Republic of Kazakhstan of June 28, 2017 No. 404 (it is registered in the Register of state registration of regulatory legal acts No. 15384):

"Balance sheet";

"Profit and loss statement";

"Cash flow statement (direct method)" or "Cash flow statement (indirect method)";

"Statement of changes in equity";

the economic conclusion of the central or local authorized body on state planning on this investment offer.";

in Item 151:

the sixth to state part in the following edition:

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