I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2022 No. 438

About modification and amendments in some orders of the Ministry of Agriculture of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes and additions are made (further – the List).

2. To provide to development department of the state services and digitalization of agro-industrial complex of the Ministry of Agriculture 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 Agriculture of the Republic of Kazakhstan after its official publication

3) the direction of this order in National Information Technologies joint-stock company, non-commercial joint-stock company "The Government for Citizens state corporation, local executive bodies of areas, cities of republican value and the capital after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2023 and is subject to official publication.

It is approved Agency on protection and development of the competition of the Republic of Kazakhstan

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of Trade and integration of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Approved by the Order of the deputy. The Minister of Agriculture of the Republic of Kazakhstan of December 23, 2022 No. 438

The list of some orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes and additions are made

1. In the order of the Minister of Agriculture of the Republic of Kazakhstan of November 26, 2014 No. 3-2/615 "About approval of Rules of subsidizing of costs of processing enterprises for purchase of agricultural products for production of products of its deep conversion" (it is registered in the Register of state registration of regulatory legal acts No. 10087):

in Rules of subsidizing of costs of processing enterprises for purchase of agricultural products for production of the products of its deep conversion approved by the specified order:

in Item 2:

3) and 4) to exclude subitems;

subitems 9) to state 10) and 11) in the following edition:

"9) the state information system of subsidizing (further – GISS) – the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of subsidizing giving interaction opportunity with the web portal of "the electronic government", registration of the request for receipt of subsidies, and also its processings by means of automatic verification of the request for compliance to subsidizing conditions;

10) the web portal of the state information system of subsidizing (further – the GISS web portal) – the Internet resource providing access to the state information system of subsidizing;

11) the electronic register of requests for subsidizing (further – the register) – set of data on requests for subsidizing of agro-industrial complex, and also about borrowers, financial institutions, and other data reflected in GISS;"

12, of 13, 14 and 15 to state Items in the following edition:

"12. The service provider annually till April first of the corresponding year provides the publication of the announcement of terms of order taking for receipt of subsidies, about the established standard rates of subsidies on the GISS web portal and Internet resource of akimat of area, city of republican value, the capital.

13. The service provider within 3 (three) working days after approval of individual monthly funding plan on subsidy (further – funding plan) places it on the GISS web portal.

At the same time, the budgetary funds allocated by the service provider are distributed on the subsidized products specified in the list of products and are placed on the GISS web portal.

In case of lack of requests on one of the subsidized products specified in the list of products redistribution of budgetary funds within year between the produktion specified in the list of products is allowed.

14. Subsidies are paid in case of observance of the following conditions:

1) submissions in electronic form of the request for subsidizing of costs of processing enterprises for purchase of agricultural products for production of products of its deep conversion in form according to appendix 2 to these rules, by means of the web portal of "the electronic government".

The list of the main requirements to rendering the state service "Subsidizing of Costs of Processing Enterprises for Purchase of Agricultural Products for Production of Products of Its Deep Conversion" is stated in annex 3 to these rules.

Information exchange of the web portal of "the electronic government" and GISS is performed according to article 43 of the Law of the Republic of Kazakhstan "About informatization";

2) registration in GISS of the application submitted by processing enterprise and the signed EDS;

3) confirmation of acquisition of agricultural products by processing enterprise as a result of information exchange of GISS and information system of electronic invoices (further – IS ESF) (availability of the corresponding electronic supplier invoice of agricultural products which is written out not earlier than the fourth quarter of previous year).

In case of acquisition of wheat by processing enterprise at the seller who is not using IS ESF, purchase costs of agricultural products from the countries which are not members of the Eurasian Economic Union are confirmed by the customs declaration on goods.

In case of acquisition of wheat by processing enterprise at the seller who is not using IS ESF, purchase costs of agricultural products from state members of the Eurasian Economic Union are confirmed by the statement (statements) for commodity importation and payment of indirect taxes with mark of tax authority according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), when placing agricultural products under customs procedures of free customs zone or free warehouse in the territory of the Republic of Kazakhstan – the copy of the customs declaration certified by customs authority of the Republic of Kazakhstan.

15. In case of failure of GISS containing necessary data for issue of subsidies, the service provider without delay notifies the Ministry on the arisen situation which starts its elimination.

At the same time, after work on elimination of the arisen failure the Ministry within 3 (three) working days constitutes the protocol on technical issue and places it in GISS.";

state Item 18 in the following edition:

"18. For provision of access to data of the register through the GISS web portal (further – the Personal account):

1) the processing enterprise receives the EDS for independent registration in GISS;

2) the service provider annually sends the staticized lists of the workers having the EDS to the Ministry.";

state Item 20 in the following edition:

"20. Forming and registration of the request is made in the Personal account in the following procedure:

1) the request with introduction in it of the data necessary for check of GISS of requirements of the subitem 3) of Item 14 of these rules is created;

2) the request is registered in GISS by its signing by processing enterprise with use of the EDS and becomes available in the Personal account of the service provider. The electronic notice on revenues to consideration of the request goes to the e-mail address of the service provider.

In case of identification to processing enterprises of discrepancy of data in the registered request until forming by the service provider of the account for payment, the processing enterprise withdraws the request with indication of the reason of recall.

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 subitem 11) of Item 2 of article 5 of the Law.";

state Item 22 in the following edition:

"22. The service provider according to funding plan creates in the account GISS for payment on payment of subsidies loaded into information system "Treasury Client" within 1 (one) working day after confirmation by the service provider of adoption of the request according to Item 21 of these rules.

In case of shortage of the means provided on subsidy according to funding plan for the corresponding financial year, requests arrive in reserve (waiting list).

Payment of subsidies for the requests which arrived in reserve (waiting list) is performed on priority according to date and time of receipt of requests in case of allocation of additional budgetary funds in the current financial year, or subsequent financial years.

In case of change of standard rates of subsidies and procedure of payments of subsidies, payment of subsidies for the requests included in reserve (waiting list) is performed according to the standard rates of subsidies and procedure of payments of subsidies existing at the time of submission of requests.

Information on inclusion of the request in reserve (waiting list) is reflected in GISS. The period of finding of the request in reserve (waiting list) does not join rendering the state service in time.

In case of exceeding of amounts of the declared subsidies from the amounts provided in the local budget according to the appropriate budget program, additional resources from the local budget are allocated by modification of the decision of maslikhat on the approval of the corresponding local budget according to the procedure established by the budget legislation of the Republic of Kazakhstan.";

appendix 3 to the specified Rules to be reworded as follows according to appendix 1 to this List of some orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes and additions are made (further – the List).

2. In the order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 9-1/71 "About approval of Rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex" (it is registered in the Register of state registration of regulatory legal acts No. 12183):

in Rules of subsidizing within guaranteeing and loans insurance of the subjects of agro-industrial complex approved by the specified order:

in Item 2:

11) to state the subitem in the following edition:

"11) the preliminary application for receipt of subsidy on guaranteeing – the electronic request of the guarantor for reservation of the amount of subsidy in the state information system of subsidizing before application for receipt of subsidy on guaranteeing;";

17) to exclude the subitem;

subitems 20) to state 21) and 22) in the following edition:

"20) the state information system of subsidizing (further – GISS) – the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of subsidizing giving interaction opportunity with the web portal of "the electronic government", registration of the request for receipt of subsidy, and also its processing by means of automatic verification of the request for compliance to subsidizing conditions;

21) the web portal of the state information system of subsidizing (further – the GISS web portal) – the Internet resource placed on the Internet, providing access to GISS;

22) the electronic register of requests for subsidizing (further – the register) – set of data on requests for receipt of subsidy, and also about borrowers, creditors, and other data reflected in GISS;";

15, of 16, of 17, 18 and 19 to state Items in the following edition:

"15. Subsidies on guaranteeing are paid in case of observance of the following conditions:

1) giving by the guarantor, after the conclusion of the agreement of guarantee, the request for receipt of subsidy on guaranteeing in form according to appendix 3 to these rules in electronic form by means of interaction of the web portal of "the electronic government" with GISS;

2) registration of the request for receipt of subsidy on guaranteeing in GISS;

3) availability in GISS of personal account at the guarantor which data are confirmed as a result of information exchange of GISS with the state databases "Legal Entities" or "Physical persons".

16. Subsidies on insurance are paid in case of observance of the following conditions:

1) submissions by insurance company of the request for subsidizing on insurance in form according to appendix 4 to these rules in electronic form by means of interaction of the web portal of "the electronic government" with GISS;

2) registration of the request for subsidizing on insurance in GISS;

3) availability in GISS of personal account of the borrower and insurance company which data are confirmed as a result of information exchange of GISS with the state databases "Legal Entities" or "Physical persons";

4) availability on the web portal according to the submitted application for subsidizing on insurance valid (not terminated and not stopped) the agreement of subsidizing within loans insurance of subjects of the agro-industrial complex signed in form according to appendix 5 to these rules.

17. The list of the main requirements to rendering the state service "Subsidizing within Guaranteeing and Loans Insurance of Subjects of Agro-industrial Complex" is stated in annex 6 to these rules (further – the List).

Information exchange of the web portal and GISS is performed according to article 43 of the Law of the Republic of Kazakhstan "About informatization".

18. In case of failure of GISS containing necessary data for issue of subsidies, MIO concerning agricultural industry (service provider) without delay notifies the Ministry of Agriculture of the Republic of Kazakhstan (further – the Ministry) on the arisen situation which starts its elimination.

At the same time, after work on elimination of the arisen failure the Ministry within 3 (three) working days constitutes the protocol on technical issue and places it in GISS.

MIO concerning agricultural industry (service provider) provides entering of the subsidies granted about stage of obtaining into information system of monitoring of rendering the state services according to the subitem 11) of Item 2 of article 5 of the Law on the state services.

19. For provision of access to data of the register through the web portal (further – personal account):

1) the guarantor receives the EDS, for independent registration in GISS;

2) the guarantor annually sends the staticized lists of the workers having the EDS to the Ministry.

MIO concerning agricultural industry (service provider) annually till January 20 sends the staticized lists of the workers having the EDS to the Ministry.";

21, of 22, 23 and 24 to state Items in the following edition:

"21. Forming and registration of the preliminary application for receipt of subsidy on guaranteeing in form according to appendix 7 to these rules, is made in personal account in the following procedure:

1) in case of receipt of the request in bank for receipt of the credit (with intention of the further address to the guarantor with the request for guaranteeing) the bank informs the guarantor who creates the preliminary application for receipt of subsidy on guaranteeing;

2) the preliminary application for receipt of subsidy on guaranteeing is registered in GISS by its signing by the guarantor with use of the EDS and becomes available in personal account of MIO concerning agricultural industry (service provider). The electronic notice on revenues to consideration of the preliminary application for receipt of subsidy on guaranteeing goes to the e-mail address MIO concerning agricultural industry (service provider).

After the conclusion of the agreement of guarantee, the guarantor withdraws the preliminary application for receipt of subsidy on guaranteeing and submits the application for receipt of subsidy on guaranteeing.

22. Forming and registration of the request for receipt of subsidy on guaranteeing in form according to appendix 3 to these rules, is made in personal account in the following procedure:

1) the request for receipt of subsidy on guaranteeing with introduction in it of the data necessary for check of GISS is created;

2) the request for receipt of subsidy on guaranteeing is registered in GISS by its signing by the guarantor with use of the EDS and becomes available in personal account of MIO concerning agricultural industry (service provider). The electronic notice on revenues to consideration of the request for receipt of subsidy on guaranteeing goes to the e-mail address MIO concerning agricultural industry (service provider).

23. The executive in charge of MIO concerning agricultural industry (service provider) within 1 (one) working day from the moment of registration of the request for receipt of subsidy on guaranteeing confirms its acceptance by signing of the EDS of the adequate notice. The notification on confirmation of the request for subsidizing goes in electronic form to personal account of the guarantor in GISS.

When forming MIO concerning agricultural industry (service provider) of accounts for payment, reveals availability of discrepancy of data in the registered request for receipt of subsidy on guaranteeing, the guarantor withdraws the request for receipt of subsidy on guaranteeing with indication of the reason of recall.

24. The executive in charge of MIO concerning agricultural industry (service provider) within 2 (two) working days from the moment of application for subsidizing on guaranteeing performs check of its compliance to the requirements established by these rules and following the results of check according to the Funding plan creates in the account GISS for payment on subsidy payment on guaranteeing loaded into information system "Treasury Client".

The executive in charge of MIO concerning agricultural industry (service provider) during the term specified in part one of this Item prepares the transfer advice of subsidy in form according to appendix 8 to these rules (further – the transfer advice of subsidy), or the notification on refusal in rendering the state service in form according to appendix 9 to these rules in cases and on the bases, stipulated in Item 9 Lists (further – the notification on refusal in rendering the state service).

The transfer advice of subsidy or the notification on refusal in rendering the state service goes in electronic form to the e-mail address specified by the guarantor in case of registration in GISS, and also in personal account of the guarantor in GISS.";

state Item 28 in the following edition:

"28. For opening of personal account in GISS the borrower and insurance company need to have the EDS.

For registration when opening personal accounts by the borrower and insurance company the following data are specified:

1) for physical persons and individual entrepreneurs: individual identification number, surname, name and middle name (in case of its availability);

2) for legal entities and individual entrepreneurs in the form of joint venture: business identification number, full name; surname, name and middle name (in case of its availability) and individual identification number of the first head;

3) contact information (postal address, phone, e-mail address);

4) current account details of bank of the second level.

In case of change of the above-stated data, the borrower and insurance company within 1 (one) working day change the data of personal account introduced in personal account.";

state Item 31 in the following edition:

"31. The executive in charge of MIO concerning agricultural industry (service provider) within 2 (two) working days from the date of receipt of the offer performs the following actions on the web portal:

1) registration of the offer in GISS;

2) check of compliance of the offer to the conditions of subsidizing established by these rules including check of compliance of terms of the contract of insurance to requirements to the insurance contracts established according to appendix 11 to these rules;

3) acceptance and execution of the decision according to the offer.";

state Item 33 in the following edition:

"33. The decision according to the offer is signed by the EDS of the first head of MIO concerning agricultural industry (service provider), or person replacing it.

The decision according to the offer goes to personal account of the borrower and insurance company in GISS.";

state Items 38 and 39 in the following edition:

"38. The application for subsidizing on insurance is submitted by insurance company since February 1 of the corresponding year.

The executive in charge of MIO concerning agricultural industry (service provider) within 1 (one) working day from the moment of receipt of the request for subsidizing on insurance confirms its acceptance by signing of the EDS of the adequate notice. The notification on confirmation of the request for subsidizing goes in electronic form to personal account of insurance company in GISS.

When forming MIO concerning agricultural industry (service provider) of accounts for payment, reveals availability of discrepancy of data in the registered request for subsidizing on insurance, the insurance company withdraws the request for subsidizing on insurance with indication of the reason of recall.

39. The executive in charge of MIO concerning agricultural industry (service provider) within 2 (two) working days from the moment of application for subsidizing on insurance performs check of its compliance to the requirements established by these rules and following the results of check according to the Funding plan creates in the account GISS for payment on payment of subsidies loaded into information system "Treasury Client" for transfer of subsidy on insurance premium for the bank account of insurance company.

The executive in charge of MIO concerning agricultural industry (service provider) during the term specified in part one of this Item prepares the transfer advice of subsidy, or the notification on refusal in rendering the state service.

The transfer advice of subsidy or the notification on refusal in rendering the state service goes in electronic form to the e-mail address specified by insurance company in case of registration in GISS, and also in personal account of the guarantor in GISS.";

state Items 41 and 42 in the following edition:

"41. The insurance company in case of approach of the event which is the basis for subsidizing change/agreement cancelation in GISS notifies MIO concerning agricultural industry (service provider) on such event within 3 (three) working days.

42. MIO concerning agricultural industry (service provider) within 5 (five) working days from the date of receipt of the notification from insurance company makes and draws up the decision on change/agreement cancelation of subsidizing and notifies on it the borrower and insurance company in GISS with application of a copy of the made decision.".

3. In the order of the Minister of Agriculture of the Republic of Kazakhstan of June 30, 2015 No. 6-3/597 "About approval of Rules of subsidizing of cost of services in water supply to agricultural producers" (it is registered in the Register of state registration of regulatory legal acts No. 12714):

in Rules of subsidizing of cost of the services in water supply to agricultural producers approved by the specified order:

in Item 2:

2) and 6) to exclude subitems;

8) and 9) to state subitems in the following edition:

"8) the state information system of subsidizing (further – GISS) – the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of subsidizing giving opportunity of registration of the request receipt of subsidies, and also its processings by means of automatic verification of the request for compliance to subsidizing conditions;

9) the web portal of the state information system of subsidizing (further – the web portal) – the Internet resource placed on the Internet, providing access to the state information system of subsidizing;";

11) to state the subitem in the following edition:

"11) the electronic register of requests for subsidizing (further – the register) – set of data on requests for subsidizing of agro-industrial complex, financial institutions, and other data reflected in the state information system of subsidizing;";

state Item 3 in the following edition:

"3. The state service "Subsidizing of Cost of Services in Water Supply to Agricultural Producers" appears local executive bodies of areas, cities of Astana, Almaty and Shymkent (further – Management (service provider)).

Receivers of subsidy are SHTP which acquired at the water giver of service in supply of irrigation water and incurred costs on their payment.";

add with Item 8-1 of the following content:

"8-1. In case of failure of GISS containing necessary data for issue of subsidies, Management (service provider) without delay notifies the Ministry on the arisen situation which starts its elimination.

At the same time, after work on elimination of the arisen failure the Ministry within 3 (three) working days constitutes the protocol on technical issue and places it in GISS.";

state Item 9 in the following edition:

"9. Subsidies are paid in case of observance of the following conditions:

1) giving of SHTP (uslugopoluchatel) by means of the portal of the request for receipt of subsidies for services in water supply in form according to appendix 1 to these rules.

The list of the main requirements to rendering the state service "Subsidizings of Cost of Services in Water Supply to Agricultural Producers" is stated in annex 2 to these rules.

Information exchange of the portal and web portal is performed according to article 43 of the Law of the Republic of Kazakhstan "About informatization".

Management (service provider) provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services;

2) registration of the request in GISS.

Availability of personal account on the web portal gives the chance of SHTP (uslugopoluchatel) to independently perform registration of the request in GISS, in this case application is not required, and it is considered given from the moment of such registration;

3) availability of personal account in GISS at SHTP (uslugopoluchatel) which data are confirmed as a result of information exchange of GISS with the state databases "Legal Entities" or "Physical persons";

4) confirmation of purchase costs of services in supply of irrigation water as a result of information exchange of GISS and information system on acceptance and processing of electronic invoices (availability of the corresponding electronic invoice of the water giver);

5) registration in GISS of electronic maps of fields for all arable land of the parcels of land, the belonging SHTP (uslugopoluchatel) on the right of land use and (or) private property.";

state Item 13 in the following edition:

"13. For provision of access to data of the register through the web portal (further – "personal account") SHTP (uslugopoluchatel) needs to have the EDS for independent registration in GISS.

Management (service provider) annually sends the staticized lists of the workers having the EDS to the Ministry.";

state Item 15 in the following edition:

"15. Forming and registration of SHTP (uslugopoluchately) request are made in personal account to Management (service provider) in the location of SHTP (uslugopoluchatel) in the following procedure:

1) the request with introduction in it of the data necessary for check of GISS for requirements of Item 9 of these rules is created;

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