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I.O'S ORDER. MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN

of March 6, 2024 No. 91

About modification and amendments in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 1, 2022 No. 308 "About approval of Rules of provision of the measures of the state stimulation of the industry directed to performance improvement of work of subjects of industrial and innovative activities"

I ORDER:

1. Bring in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 1, 2022 No. 308 "About approval of Rules of provision of the measures of the state stimulation of the industry directed to performance improvement of work of subjects of industrial and innovative activities" (it is registered in the Register of state registration of regulatory legal acts for No. 28320) the following changes and amendments:

in Rules of provision of the measures of the state stimulation of the industry directed to performance improvement of work of the subjects of industrial and innovative activities approved by the specified order:

state Item 3 in the following edition:

"3. Cannot use measures of the state stimulation:

1) subjects of big business;

2) subjects of industrial and innovative activities, fifty and more percent of shares (share in the authorized capital) which directly or indirectly belong to the state, national managing holding, national holding, the national company (except for social business corporation, and also the entrepreneurs founded within the agreement on public-private partnership);

3) the applicants who violated the terms of agreement about cost recovery and which did not perform return of the money issued in process of the state stimulation in the form of cost recovery.";

2) and 3) of Item 12 to state subitems in the following edition:

"2) implementation of digital technologies on:

development and/or implementation of automated control systems, computer-aided engineering systems (including acquisition of licensed software);

implementation of technology (elements) of the Industry 4.0;

acquisition of the digital equipment (3D - the scanner, the 3D-printer, the plotter - the large-format printer with functions of the scanner and copying);

3) enhancement of engineering procedures on:

optimization of general functioning of the company, including the costs connected with:

carrying out technological audit, energy audit;

development of industrial design of the made products and packaging of products;

preparation of engineering intention and the decision, search of new designs, technologies, the equipment and determination of opportunities of their implementation on production;

acquisition of processing equipment;

providing, maintenance and process management of production, including the costs connected with:

installation of equipment and/or chief installation of equipment, including instructing (training) in work with the equipment;

commissioning of the equipment;

engineering, design developments;

production of prototypes;

maintenance of the equipment;

carrying out industrial testing of products;";

state Item 13 in the following edition:

"13. For consideration by national institute requests of subjects of industrial and innovative activities are allowed:

1) making products included in the List of priority goods approved by the order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 30, 2022 No. 306 "About approval of the List of priority goods" (it is registered in the Register of state registration of regulatory legal acts at No. 28264) (further – the List of priority goods);

From registration date and/or the notification in judicial authorities of which went 2) at least one calendar year before receipt date of the request to national institute;

3) not belonging to the subjects of industrial and innovative activities specified in Item 3 of these rules;

4) not having the tax debt, to the compulsory pension contributions compulsory for professional pension contributions and social assignments on the date of application (except as specified when the payment due date is delayed according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget");

5) provided annual increase in tax assignments the previous 3 (three) years prior to date of application. The requirement of this subitem does not extend to subjects of industrial and innovative activities who are tax-exempt according to the current legislation and/or from registration date of which there went less than three calendar years before receipt date of the request to national institute.";

state Item 15 in the following edition:

"15. Within increase in employee competence (except for involvement of the foreign employee or the transportation expenses which received advancing to the place of sending and back to the place of permanent job once and expenses on accommodation abroad) to the subject of industrial and innovative activities the proved and documentary confirmed costs incurred not earlier than twenty four months before date of application in the amount of 40% of the amount of the incured costs are compensated, at the same time the compensation amount shall not exceed thirty million tenges in calendar year on this measure of the state stimulation.

Within increase in employee competence on involvement of the foreign employee to the subject of industrial and innovative activities the proved and documentary confirmed costs incurred not earlier than twelve months before date of application in the amount of 40% of the amount of the incured costs are compensated, at the same time the compensation amount shall not exceed five million tenges in calendar year on this cost type of measure of the state stimulation. In case of cost recovery on involvement of the foreign employee according to the employment contract the total amount of cost recovery on payments for compensation cannot exceed compensation amount of costs on base pay (official pay rate).";

state Item 28 in the following edition:

"28. The request for increase in employee competence and/or enhancement of engineering procedures and/or increase in efficiency of production organization and/or implementation of digital technologies with the documents attached to it moves through joint-stock company "The Kazakhstan center of the industry and export "QazIndustry" or the web portal of "the electronic government" (further – the Portal) according to Chapter 4 of these rules and the list of the main requirements to rendering the state service "Cost Recovery on Increase in Employee Competence" according to appendix 3 to these rules, the list of the main requirements to rendering the state service "Cost Recovery on Enhancement of Engineering Procedures" according to appendix 4 to these rules, the list of the main requirements to rendering the state service "Cost Recovery on Increase in Efficiency of Production Organization" according to appendix 5 to these rules, the list of the main requirements to rendering the state service "Cost Recovery on Implementation of Digital Technologies" according to appendix 5-1 to these rules and the list of the main requirements to rendering the state service "Advancing of Expenses on Increase in Employee Competence Abroad" according to appendix 8 to these rules.";

add with Items 28-1, 28-2 and 28-3 of the following content:

"28-1. National institute within one working day from the date of decision making:

about possibility of cost recovery sends to the applicant the notification with appendix of the Agreement on cost recovery signed from national institute in duplicate in form, according to appendix 6 to these rules. The explanation of the amount accepted to cost recovery is provided in the notification;

about impossibility of cost recovery sends to the applicant the notification with the corresponding reasons.

28-2. The national institute within two working days after day of agreement signature about cost recovery provides measure of the state stimulation by compensation to the applicant of costs in accordance with the terms and the amount of cost recovery, at the same time remuneration to national institute for money transfer to the applicant is not provided. Day of agreement signature about cost recovery day of receipt to national institute signed by the applicant Soglasheniya about cost recovery is considered.

28-3. In case of refusal of the applicant in agreement signature about cost recovery by the applicant to national institute within two working days the adequate notice with indication of the reasons goes.";

To exclude paragraph 1 of Chapter 2;

to state heading of Chapter 4 in the following edition:

"Chapter 4. Procedure for rendering the state services "Cost Recovery on Increase in Employee Competence", "Cost Recovery on Enhancement of Engineering Procedures", "Cost Recovery on Increase in Efficiency of Production Organization", "Cost Recovery on Implementation of Digital Technologies", "Advancing of Expenses on Increase in Employee Competence Abroad";

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