I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2022 No. 37

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157 "About some questions of planning and implementation of concessionary projects"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157 "About some questions of planning and implementation of concessionary projects" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 10122) the following changes:

state preamble in following editions:

"According to Articles 155-2 and 230 of the Budget code of the Republic of Kazakhstan and with articles 9 and 20 of the Law of the Republic of Kazakhstan "About concessions" I ORDER:";

in Item 1:

2) to state the subitem in the following edition:

"2) Rules of carrying out tender (auction) at the choice of the concessionary according to appendix 2 to this order;";

4) to state the subitem in the following edition:

"4) Rules of selection of projects of public-private partnership, including concessionary projects, for provision or increase in amount of guarantees of the state according to appendix 4 to this order;";

6) to state the subitem in the following edition:

"6) Requirements to examination of tender (auction) documentation, including in case of introduction in it of changes and amendments, the concessionary requests submitted by participants of tender when carrying out tender (auction) at the choice of the concessionary according to appendix 6 to this order;";

The rules of representation, consideration and selection of concessionary projects approved by the specified order to state in edition according to appendix 1 to this order;

The rules of carrying out tender at the choice of the concessionary approved by the specified order to state in edition according to appendix 2 to this order;

in Rules of carrying out monitoring of agreements of concession, carrying out monitoring and assessment of implementation of the concessionary projects approved by the specified order:

state Item 1 in the following edition:

"1. These rules of carrying out monitoring of agreements of concession, carrying out monitoring and assessment of implementation of concessionary projects (further – Rules) are developed according to subitem 7-8) of article 9 of the Law of the Republic of Kazakhstan "About concessions" (further – the Law) and determine procedure for carrying out monitoring of agreements of concession, monitoring and assessment of implementation of concessionary projects.";

the second Item 17 to state part in the following edition:

"For evaluating implementation of concessionary projects are in addition applied to information on monitoring:

the copy of the agreement of concession and supplementary agreements to it (in the presence) with the copy of the registration certificate of the agreement / the supplementary agreement of state-private partnership / concession;

the copy of the approved tender (auction) documentation with appendix of financial and economic model, with application of a copy of the economic conclusions on them.";

in Rules of selection of concessionary projects for provision or increase in amount of the guarantees of the state approved by the specified order:

state heading in the following edition:

"Rules of selection of projects of public-private partnership, including concessionary projects, for provision or increase in amount of guarantees of the state";

state Item 1 in the following edition:

"1. These rules of selection of projects of public-private partnership, including concessionary projects, for provision or increase in amount of guarantees of the state (further – Rules) are developed according to Article 230 of the Budget code of the Republic of Kazakhstan and determine procedure for passing of procedures of provision of the guarantee of the state by concessionary projects and increases in amount of guarantees of the state.";

2) of Item 8 to state the subitem in the following edition:

"2) according to the subitem 2) of Article 229 of the Budget code of the Republic of Kazakhstan to have the insurance contract meeting requirements of ensuring recoverability of the loan attracted under the guarantee of the state according to the Rules of budget implementation and its cash servicing approved by the order of the Minister of Finance of the Republic of Kazakhstan of December 4, 2014 No. 540 (it is registered in the Register of state registration of the regulatory legal acts for No. 9934) except as specified established by the decision of the Government of the Republic of Kazakhstan;";

in Requirements to development or adjustment, and also conducting the necessary examinations of the feasibility statement on the concessionary project approved by the specified order:

3) of Item 20 to state the subitem in the following edition:

"3) bank examination, in case of provision of the state guarantee, according to article 4 of the Law of the Republic of Kazakhstan "About Development bank of Kazakhstan";";

Requirements to examination of the tender documentation, including in case of introduction in it of changes and amendments, the concessionary requests submitted by participants of tender when carrying out tender at the choice of the concessionary, approved by the specified order to state in edition according to appendix 3 to this order;

To state the criteria of reference of concessionary projects to category of concessionary projects of the special importance approved by the specified order in edition according to appendix 4 to this order.

2. To provide to department of investment policy of the Ministry of national economy 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 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.

It is approved Ministry of Finance of the Republic of Kazakhstan

 

Appendix 1

to I.o's Order of the minister of national economy of the Republic of Kazakhstan of April 20, 2022 No. 37

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157

Rules of representation, consideration and selection of concessionary projects

Chapter 1. General provisions

1. These rules of representation, consideration and selection of concessionary projects (further – Rules) are developed according to subitem 7-6) of article 9 of the Law of the Republic of Kazakhstan "About concessions" (further – the Law) and the subitem 24) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies".

2. Rules determine procedure for the organization of representation, consideration and selection of concessionary projects.

3. In these rules the following concepts are used:

1) predesigns – calculations for profitable and account part of operating, investing and financial activities of the concessionary project with indication of assumptions. Predesigns are made in the Microsoft Office Excel format with the opening formulas, and it is represented on the paper and electronic medium;

2) the local project – the concessionary project realized on the objects (existing or assumed to construction), belonging to utility property, and/or receivers of economic benefits from implementation of the concessionary project are subjects of one area, city of republican value, the capital and according to article 13 of the Law;

3) the republican project – the concessionary project realized on the objects (existing or assumed to construction), belonging to republican property, and/or receivers of economic benefits from implementation of the concessionary project are subjects of two and more areas, cities of republican value, the capital and according to article 12 of the Law.

4. The organizer of tender (auction) attracts legal entities on advisory support of concessionary projects to development of tender (auction) documentation, the draft agreement of concession, independent assessment of the submitted concessionary requests containing in the corresponding competitive (auction) request and also to participation in negotiations with potential concessionaries according to Item 1 of article 20 of the Law.

The central or local authorized body on state planning introduces the conclusion on rendering services in advisory support of concessionary projects for consideration of the relevant budget commission.

On the amounts of financing of services in advisory support of each concessionary project approved by the budget commissions, the authorized body on state planning creates the list of services in advisory support of concessionary projects which is performed at the expense of means of the appropriate distributed budget program of authorized body on state planning.

5. The list of the objects offered to transfer to concession (further – the list) is created by authorized body on state planning according to article 16 of the Law.

6. Local authorized bodies on state planning, in the cases established by subitem 3-2) of article 13 of the Law monthly to the 20th following the accounting period notify the central authorized body on state planning on information on planning of the local concessionary projects which received the positive decisions in form according to appendix to these rules.

Chapter 2. Procedure for representation, consideration and selection of concessionary projects

7. Process of representation, consideration and selection of concessionary projects consists of the following interconnected stages:

1) determination and approval of tender (auction) documentation by the first head of the state body developer, or person, replacing responsible for development of tender (auction) documentation, structural division of state body it.

The state body creates the Interdepartmental project team by involvement of the subordinated organizations, independent experts, project, engineering, consulting and other companies, and also the interested state bodies, National chamber of entrepreneurs of the Republic of Kazakhstan, subjects of entrepreneurship for project management quality assurance.

The purpose of activities of the Interdepartmental project team is development of tender (auction) documentation, with the proved need of implementation of the concessionary project for this or that industry / sphere / region.

The interdepartmental project team performs the following functions:

studies the arrived offers and initiatives of implementation of the concessionary project, selects, estimates, determines their priority, determines contract type, tender, the questions connected with allocation of the parcels of land, connection to engineering networks and other key parameters of the concessionary project;

accepts recommendations of feasibility or lack of feasibility of implementation of the concessionary project by signing of the protocol;

conducts marketing and other necessary researches on the planned concessionary project;

makes all necessary calculations, including development of predesigns of the concessionary project;

studies offers and initiatives of project implementation mechanisms;

creates offers for inclusion in tender (auction) documentation;

hears reports of persons involved in preparation of the concessionary project since stage of planning of the concessionary project to stage of the conclusion of the agreement of concession;

performs completion of tender (auction) documentation of the concessionary project during process of its approval and examination in process of receipt of notes from the approving authorized bodies and the organizations. At the same time in the conclusions following the results of examination or approval recommendations about project management for the Interdepartmental project team are in the presence specified;

traces adherence to deadlines and procedures of passing of consideration, approval, examination and approval of tender (auction) documentation of the concessionary project.

2) the state body developer introduces in the central or local authorized body on state planning the request with appendix of the economic conclusion for the investment offer of the state investment project on feasibility of implementation of the concessionary project for further pronouncement at consideration of the relevant budget commission of question of development or adjustment, and also conducting necessary examinations of tender (auction) documentation of concessionary projects;

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