RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 14, 2022 No. 71

About measures for implementation of the Law of the Republic of Uzbekistan "About privatization of the parcels of land of nonagricultural appointment"

For the purpose of ensuring execution of the Law of the Republic of Uzbekistan "About privatization of the parcels of land of nonagricultural appointment" and the Presidential decree of the Republic of Uzbekistan of June 8, 2021 the No. UP-6243 "About Measures for Ensuring Equality and Transparency in Land Relations, Reliable Protection of Land Rights and Their Transformation into Market Asset" DECIDES: Cabinet of Ministers

1. Take into consideration that:

according to the Law of the Republic of Uzbekistan "About privatization of the parcels of land of nonagricultural appointment" privatization of the parcels of land is made by the redemption by citizens and legal entities of the Republic of Uzbekistan of the parcels of land which are at them on the right of permanent use (ownership), lease or the life inherited tenancy, and also purchase of the parcels of land through electronic online auction;

according to the Presidential decree of the Republic of Uzbekistan of June 8, 2021 No. UP-6243 "About Measures for Ensuring Equality and Transparency in Land Relations, Reliable Protection of Land Rights and Their Transformation into Market Asset" of the earth of nonagricultural appointment are implemented by means of electronic online auctions on the basis of the property right and the right of lease;

according to the resolution of the Cabinet of Ministers of December 2, 2019 No. 963 "About carrying out legal experiment on approbation of the procedure of privatization of the parcels of land of nonagricultural appointment in the Syr Darya region" in the Syr Darya region makes legal experiment on approbation of the procedure of privatization of the parcels of land of nonagricultural appointment through the automated information system "Yerkhususiylasntirish" (further - AIS "Yerxususiylashtirish").

2. To the national agency of project management in case of the President of the Republic of Uzbekistan in two weeks to create working group as a part of leading employees of the Ministry of development of information technologies and communications, the Center of cyber security, Agency on management of the state assets of the Republic of Uzbekistan (further - the Agency on state assets), to provide transfer to the Agency on state assets of AIS "Yerxususiylashtirish" on the basis of the right of operational management together with the approved technical documentation and expert opinions on its development and deployment in practice.

To the agency on state assets if necessary to enhance AIS "Yerxususiylashtirish", at the same time conversion, enhancement, technical support of AIS "Yerkhususiylasntirish", attraction to processes of qualified specialists and all other expenses connected with it, to perform by fund on management, transformation and privatization of the state assets.

3. Determine that:

a) privatization by citizens and legal entities of the Republic of Uzbekistan of the parcels of land which are at them on the right of permanent use (ownership), lease or the life inherited tenancy is made through AIS "Yerxususiylashtirish";

b) The agency on state assets is operator on technical support of AIS "Yerxususiylashtirish";

c) realization of the free parcels of land of nonagricultural appointment for implementation of business and town-planning activity on the property right or leases, and also for individual housing construction on the property right is performed through electronic trade platform of "E-auksion", at the same time:

forming and approval of data on the free parcel of land is performed through the automated information system "Yerelektron" (further - AIS "Yerelektron");

reservation of the free parcels of land, and also state registration addressed to the relevant district (city) khokimiyat by cadastral bodies for registration of the rights to real estate is the compulsory provision of entering of this parcel of land into AIS "Yerelektron";

d) payments for technical support of AIS "Yerxususiylashtirish", state registration of the property right to the privatized parcel of land, and also services in single billing settlement system are compensated at the expense of the means which arrived from privatization of the parcels of land.

4. Approve:

Administrative regulations of rendering the state services in privatization of the parcels of land belonging to citizens and legal entities of the Republic of Uzbekistan on the basis of the right of permanent use (ownership), lease and the life inherited tenancy, according to appendix No. 1;

Regulations on procedure for realization of the parcels of land for implementation of business and town-planning activity on the basis of the property right and the right of lease by means of electronic online auction according to appendix No. 2;

Regulations on procedure for realization of the parcels of land for individual housing construction and servicing of the apartment house on the basis of the property right by means of electronic online auction according to appendix No. 3;

The list of the ministries, departments and organizations connected to AIS "Yerxususiylashtirish" according to appendix No. 4;

The list of the ministries, departments and organizations connected to AIS "Yerelektron" according to appendix No. 5.

5. To Central Bank of the Republic of Uzbekistan and commercial banks to recommend to make changes to the departmental regulatory legal acts and credit policies taking into account possibility of acceptance of the privatized parcels of land as mortgage providing in a month.

To the Ministry of Justice together with Notarial chamber of the Republic of Uzbekistan to organize educational and practical seminars on explanation to all notaries of features of making of the notarial actions connected with the privatized parcels of land in a month.

6. To provide to the State Tax Committee of the Republic of Uzbekistan, the Agency on state assets in two-month time integration with AIS "Yerxususiylashtirish" according to cadastral number of the database on rates of the land tax levied from legal entities and physical persons for the parcels of land of nonagricultural appointment.

7. To provide to the agency according to the inventory under the State Tax Committee of the Republic of Uzbekistan:

together with the Agency on state assets in a month integration of "The integrated information system of the inventory and registration" with AIS "Yerxususiylashtirish";

in a month the enhancement of AIS "Yerelektron" providing possibility of the choice of type of the property right or the right of lease to the parcel of land in case of introduction of offers by legal entities and physical persons through the portal of open data;

entering into two-month term into the Cabinet of Ministers of the draft of the order of the Government about further strengthening of material and technical resources of the Agency according to the inventory and its subordinated organizations;

together with the Ministry of construction in three-months time integration of databases of the state town-planning inventory and state land cadastre.

8. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent together with the Ministry of construction, the Ministry of Finance of the Republic of Uzbekistan, and also the relevant ministries and departments in two-month time to make in the Cabinet of Ministers the offer on development of master plans of settlements, entering of corrections into the existing master plans in accordance with the established procedure, proceeding from social and economic development of the territories.

9. Determine that:

the personal responsibility for carrying out until the end of 2022 complete state registration in the National geographic information system of the rights to the parcels of land and their target use is assigned to heads of the ministries, departments and organizations specified in appendix No. 9 to the resolution of the President of the Republic of Uzbekistan of September 7, 2020 No. PP-4819 - on the parcels of land which are in use of these organizations and also to the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent - on lands of inventory, to lands for servicing and to the parcels of land adjacent to apartment apartment houses;

works on land management, geodesy and inventory count on the parcels of land which are in use of the ministries and departments and also in Dehkan farms in 2022, the budgetary funds required for preparation of cadastral passports and state registration of the rights to the parcel of land according to appendix No. 6, are financed in equal shares by overfulfillment of the forecast of the income of the republican budget for the 1st and 2nd quarters.

Under the Ministry of tourism and cultural heritage to provide to the state committee on forestry, the State committee on ecology and environmental protection, and also the Agency of cultural heritage timely assignment, the necessary for financing actions provided by this Item at the expense of means of off-budget funds according to appendix No. 6.

To the Ministry of Finance of the Republic of Uzbekistan annually when forming parameters of the Government budget of the Republic of Uzbekistan to provide allocation of appropriate means for the actions specified in the paragraph the second this Item and also for actions for development of master plans of settlements, town-planning documentation on development and building of the territories.

10. To the agency of the state services under the Ministry of Justice of the Republic of Uzbekistan:

together with the Ministry of development of information technologies and communications and the Agency of state assets in two weeks to create opportunity and to enact reception of applications on privatization of the parcels of land of nonagricultural appointment belonging to citizens and legal entities of the Republic of Uzbekistan through the Centers of the state services and the Single portal of interactive state services of the Republic of Uzbekistan;

establish constant control, including through EPIGU, behind activities of state bodies and other organizations for observance of established procedure of rendering the state services according to this resolution;

apply in accordance with the established procedure administrative punishments to officials of state bodies and other organizations for violation of procedure for the rendering the state services approved by this resolution.

11. Make changes and additions to the resolution of the Cabinet of Ministers of October 6, 2014 No. 279 "About approval of regulations on procedure for privatization of objects of state-owned property" according to appendix No. 7.

12. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 8.

13. To the Ministry of Economic Development and reducings poverty together with the interested ministries and departments to bring in the Cabinet of Ministers of the Republic of Uzbekistan:

in a month - offers on the changes and amendments in acts of the legislation following from this resolution;

as necessary - offers on enhancement of regulations of this resolution.

14. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan on financial and economic questions and reducing poverty - the Minister of Economic Development and reducing poverty of Kuchkarov D. A.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 14, 2022 No. 71

Administrative regulations of rendering the state services in privatization of the parcels of land belonging to citizens and legal entities of the Republic of Uzbekistan on the basis of the right of permanent use (ownership), lease or the life inherited tenancy

Chapter 1. General provisions

1. These Regulations determine procedure for rendering the state services in privatization of the parcels of land of nonagricultural appointment belonging to citizens and legal entities of the Republic of Uzbekistan on the basis of the right of permanent use (ownership), lease and the life inherited tenancy.

2. In these Regulations the following basic concepts are used:

the automated information system "Yerxususiylashtirish" (further - AIS "Yerxususiylashtirish") - the automated information system used by the authorized bodies and the organizations connected to this system for the purpose of implementation of works on collection, consideration and approval of data on privatization of the parcels of land;

"The integrated information system of the inventory and registration" - the information system of the Agency according to the inventory under the State Tax Committee used for the purpose of accounting of real estate and state registration of the rights to real estate;

the applicant - the citizen or the legal entity of the Republic of Uzbekistan who submitted the application for the purpose of privatization of the parcel of land of the nonagricultural appointment allocated to it on the basis of right of lifetime inheritable possession, the right of permanent use (ownership) or lease;

privatization of the parcel of land - alienation of the parcel of land of the nonagricultural appointment which is in state-owned property in property of citizens and (or) legal entities of the Republic of Uzbekistan;

redemption value of the privatized parcel of land - the payment performed by the applicant for the purpose of privatization of the parcel of land in multiple sizes of the base rate of the land tax established at the time of privatization;

the parcel of land of nonagricultural appointment (further - the parcel of land) - the parcel of land which is not provided for needs of agricultural industry or not intended for these purposes.

3. The state services in privatization of the parcels of land are the Centers of the state services or through the Single portal of interactive state services of the Republic of Uzbekistan (further - EPIGU).

4. Privatization of the parcels of land of nonagricultural appointment belonging to citizens and legal entities of the Republic of Uzbekistan on the basis of the right of permanent use (ownership), lease and the life inherited tenancy, is performed according to the scheme according to appendix No. 1 to these Regulations.

5. These Regulations do not extend concerning the parcels of land provided to participants of small industrial, youth industrial and entrepreneurial zones.

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