ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of September 3, 2024 No. 533/Tax Code

About approval of Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

According to item 4 of article 34 of the Law of the Republic of Kazakhstan "About communication" and subitem 111-2) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501, I ORDER:

1. Approve the enclosed Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies, according to appendix to this order.

2. To provide to committee of telecommunications of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 digital development, innovations and the aerospace industry of the Republic of Kazakhstan after its official publication.

3) within ten working days after state registration of this order submission to Legal department of the Ministry of digital development, innovations and the aerospace industry 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 digital development, innovations and the aerospace industry 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 Agriculture of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Industry ministry and constructions of the Republic of Kazakhstan

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

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of September 3, 2024 No. 533/Tax Code

Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Chapter 1. General provisions

1. These rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies (further – Rules) are developed according to item 4 of article 34 of the Law of the Republic of Kazakhstan "About communication" and subitem 111-2) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501 and determine procedure for subsidizing of communication services for agricultural and industrial facilities (further – subsidizing of communication services).

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

1) the agreement of subsidizing of communication services of agricultural and industrial facilities – the agreement signed between authorized body and the telecom operator;

2) agricultural products – raw materials and products of crop production and livestock production, including beekeeping, including received by organic production, and also the products received by means of their primary conversion;

3) agricultural producer – the physical person or legal entity which is engaged in production of agricultural products;

4) the telecom operator – the physical person or legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services and (or) operating communication networks;

5) authorized body in the field of communication (further - authorized body) – the central executive body enabling the realization of state policy in the field of communication, the state control, coordination and regulation of activities of persons providing services in the field of communication or using them;

6) the industry – the economy industry representing set of the types of economic activity relating to mining, the processing production, ensuring with electrical energy, gas and vapor, air conditioning, water supply, water disposal, the organization of collection and waste recycling, and also liquidation of pollution;

7) subjects of activities in the field of the industry – the physical and (or) legal entities performing activities in the field of the industry and also subjects of industrial and innovative activities;

8) the request – the electronic request for receipt of subsidies;

9) subsidizing – the financing of specific receivers of subsidy on non-paid and irrevocable basis performed at the expense of budgetary funds;

10) 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;

11) 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;

12) digital decisions – set of categories of the applied information systems and hardware and software systems, necessary for their functioning, intended for forming of automation of the processes satisfying certain requirements.

3. Communication services are subsidized for the purpose of implementation of digital technologies for development of the digital (technological) decisions promoting performance improvement of industry segment of the agricultural and industrial sector. The list of subsidizing of communication services is given in appendix 1 to these rules.

4. Communication services agricultural producers and subjects of activities in the field of the industry are subject to subsidizing (further – subjects).

The communication services which are outside the settlement of the following subjects are subject to subsidizing:

1) small business entities, including subjects of microentrepreneurship;

2) registered in the territory of the Republic of Kazakhstan;

3) having actively upcoming business (active business the company which has tax assignments for the last 6 months is, is not under arrest).

5. The term of subsidizing of communication services constitutes 1 (one) year, the number of places depends on amount of the budgetary funds allocated for subsidizing of communication services the current year.

6. Annually till August 30 of the current year the authorized body creates and publishes on the GISS web portal the list of digital solutions of agricultural objects in form, according to appendix 2 and industrial facilities in form, according to appendix 3 to these rules (further – the list).

Chapter 2. Procedure for subsidizing of communication services

Paragraph 1. Application process on receipt of communication services

7. Requests from the subjects wishing to receive communication services the forthcoming year are accepted by means of the GISS web portal annually from September 1 to September 30 the current year inclusive.

8. The subject submits the application to authorized body by means of the GISS web portal in form, according to appendix 4 to these rules.

9. When filling the request the subject chooses digital decisions from the list which he it independently and for own means (the install works, field service, subscriber payments and expenses connected with acquisition intellectual and (or) automated (information, program systems) develops depending on requirements and (or) functional tasks.

10. After signing of the request on the GISS web portal the authorized body considers and checks them within 3 (three) working days:

1) correctness of filling of the request;

2) on receipt date;

3) to observance of requirements of Item 9 of these rules;

4) speed communication services for functioning of the chosen digital decision.

11. After check by authorized body the general register of requests (further – the register) in form, according to appendix 5 to these rules is drawn up and published on the Internet resource.

12. In case of exceeding of number of the places determined by Item 5 of these rules the unified register of requests in form, according to appendix 6 to these rules is created (further – the unified register).

In case of release of the place in the unified register replacement of places, according to the built priority by date of application for receipt of communication services from the general register is made.

Paragraph 2. Procedure for carrying out tender by determination of telecom operators

13. As the organizer of tender by determination of the telecom operator (further – tender) the authorized body acts. The authorized body annually places the announcement of carrying out tender in mass media at least in 15 (fifteen) calendar days prior to carrying out tender.

The authorized body approves structure of tender committee, the tender documentation, terms of carrying out tender and term of placement of the announcement of carrying out tender in mass media.

14. Competition is held by authorized body by open method in the 4th quarter of the year preceding year of rendering communication services.

Telecom operators are allowed to participation in tender.

The telecom operator and its affiliate do not participate in tender on one lot.

15. The tender documentation submitted by authorized body to telecom operators contains:

1) the list of lots with action areas of the telecom operator;

2) the technical specification about the description of the services specified in lots;

3) the draft agreement about subsidizing of communication services.

16. To the bid telecom operators submit documents, according to appendix 7 to these rules.

The bid is provided by telecom operators in sealed paper envelope with indication of date of creation, the authorized signature and text "not open before carrying out tender".

17. The calculations and confirmatory materials attached to the tender documentation are constituted as follows:

1) materials of tender are stitched, numbered and certified also by the signature of the head of the telecom operator;

2) financial records are signed by the head and the chief accountant of the telecom operator or persons replacing them.

18. Without opening all bids received by authorized body (his responsible person) after the expiration of submission of bids deviate and return to the telecom operators which provided them.

19. Application for participation in tender is performed by the head of the telecom operator or his authorized representative in case of presentation to the drawn-up power of attorney certifying the right to act on behalf of the telecom operator.

20. The telecom operator can change or withdraw the bid before the expiration of submission of bids.

In case of withdrawal of the registered request, the telecom operator sends the written notice to authorized body.

21. The authorized body within 5 (five) calendar days from the date of the termination of term of submission of bids transfers documents of tender committee.

22. The tender committee within 5 (five) working days studies bids on compliance to requirements to telecom operators on rendering communication services, completeness of documents, chooses the smallest price offer on communication services and determines the won bid.

The solution of tender committee is drawn up by the protocol in form, according to appendix 8 to these rules.

23. Following the results of tender the authorized body determines the telecom operator rendering services in certain territory.

Within 3 (three) working days from the date of summing up tender the authorized body in writing notifies the winner of tender that its bid is recognized as won and informs all taken part telecom operators by publication on own Internet resource of results of tender with indication of its name, the winner and his address, the name and the size of subsidies offered by the winner of tender.

24. The agreement on subsidizing of communication services is signed within 10 (ten) working days after the notice of the winner of tender, but no later than December 31 of the year preceding year of rendering communication services.

25. Subsidies are paid to telecom operators for rendering communication services to subjects.

26. Service prices of communication it is determined by authorized body according to the commercial offers provided by telecom operators.

In case of determination of the price communication services by authorized body are considered the following costs of telecom operators:

install works;

installation of support for the telecommunication equipment;

provision of the telecommunication equipment to the subject in rent use;

setup (support) of work of service;

provision the Internet of 20 GB on monthly basis with monthly traffic.

Paragraph 3. Procedure for provision of services of communication

27. The telecom operator conducts determination of methods of giving of communication channel to point of arrangement of the client block independently.

28. The subject following the results of acceptance of works from the telecom operator signs the delivery-acceptance certificate of the corresponding telecommunication equipment, when signing the act there is representative of the relevant local executive body of the area (district) which also checks functioning of digital decisions and signs the delivery-acceptance certificate.

29. Subjects quarterly, no later than the 10th following reporting quarter provide to telecom operators reporting information on implementation of the digital decision.

30. The telecom operator quarterly, no later than the 15th following reporting quarter provides in authorized body reporting information on results provided communication services and on implementation by the subject of the digital decision, in form according to appendix 9 to these rules.

The authorized body requests monitoring of communication channel, additional documents and explanations according to the provided reporting information if necessary.

31. Subsidizing of communication services is prolonged for the next calendar year according to the procedure, determined by paragraph 1 of these rules, in case of:

1) to submission of the repeated statement by the subject;

The subject submits the application for prolongation of subsidy no later than the term specified in Item 7 of these rules.

2) delivery by the subject of reporting documents on development of digital decisions at the company.

Reporting documents are filed no later than the 15th following reporting quarter. Specific submission due dates of reports:

the report for the first quarter (January – March) – till April 15 of the current year.

the report for the second quarter (April – June) – till July 15 of the current year.

the report for the third quarter (July – September) – till October 15 of the current year.

the report for the fourth quarter (October – December) – till December 31 of the current year.

 

Appendix 1

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

List of subsidized communication services

№ of payment order	Name of communication services
1.	Services of individual Internet access to 8 Mbit/sec.
2.	Services of individual Internet access over 8 Mbit/sec.

 

Appendix 2

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

List of digital solutions of agricultural objects

№	Name of digital decisions	The name of the company providing digital decisions	Location address of the company	Phone, e-mail	Price of digital decisions	Number of digital decisions (there is at least, piece)
1.

 

Appendix 3

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

List of digital solutions of industrial facilities

№	Name of digital decisions	The name of the company providing digital decisions	Location address of the company	Phone, e-mail	Price of digital decisions	Number of digital decisions (there is at least, piece)
1.

 

Appendix 4

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

Request for receipt of communication services

1. Information about the subject:

surname, name, middle name (in case of its availability) (physical person or legal entity)

head _________________________________________________________

name of the _____________________________________________ company

the corresponding developing industries __________________________________

individual identification number or business and identification number

_____________________________________________________________________

legal address of registration: ________________________________________

phone number: ______________________________________________________

type of activity _____________________________________________________

2. Data about digital the decision:

Name	Quantity	Price of digital decisions

3. The choice of the speed of communication services necessary for development of the digital decision.

 

Appendix 5

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

Register of requests

№	Name of the subject	Location address	Phone, e-mail	Developing industries
1.

 

Appendix 6

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

Unified register of requests

№	Name of the subject	Location address	Phone, e-mail	Developing industries
1.

 

Appendix 7

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

The protocol on tender results at the choice of telecom operators on rendering communication services

Astana

_________ 20 __ years

Agenda: determination of the telecom operator following the results of tender.

1. According to the Protocol No. _ openings of the envelopes with bids by determination of the telecom operator providing communication services for agricultural and industrial facilities (further – the Protocol No. 1), the request of the participant __ is submitted.

According to Item 37 of these rules, bids are considered by tender committee on completeness, correctness of calculations, availability of all signatures on documents, and also correctness of execution of the request in general.

Tender committee in structure:

	– commission chairman;
	– vice-chairman of the Commission;
	– members of the commission;
	– secretary of the Commission

following the results of the analysis of the bid, SOLVED:

1. According to Item 39 of Rules to determine the winner of tender by determination of the telecom operator, providing communication services for agricultural and industrial facilities, by lot No. 1 on 20 __ year __.

2. No later than 10 working days after the notice of the winner of tender on rendering communication services to sign the Agreement on subsidizing of communication services.

Chairman of tender committee: ________________________

Members of the commission:

Secretary of tender committee: ___________________________

 

Appendix 8

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

The documents attached to the bid for participation in tender

№	Name
1.	the original of the certificate of bank (banks) of lack of overdue debt of the telecom operator more than in three months preceding date of opening of envelopes with bids before bank (banks) (the telecom operator who is the client of several banks of the second level or branches, and also foreign bank, this reference is submitted from each of such banks) signed by the first head or person replacing it with seal of bank (banks) (in the presence);
2.	the paper copy of the electronic document on absence or availability of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions, assignments and (or) fees on compulsory social medical insurance and to social assignments more than in three months preceding date of opening of envelopes with bids, 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 (Tax code)", certified by The Government for Citizens State corporation;
3.	reasonable cost on each service of communication from the list of subsidized communication services which will be rendered by the telecom operator;
4.	the actual and forecast amounts on each of services of the list of subsidized communication services which will be rendered by the telecom operator;
5.	the detailed description of the main technical and operational characteristics of the subsidized communication services rendered by them;
6.	the list of the available resources necessary for proper and continuous rendering communication services.

 

Appendix 9

to Rules of subsidizing of communication services of agricultural and industrial facilities for the purpose of implementation of digital technologies

Form

Reporting document

1. Information on the company

1.1. Name of the company:

1.2. individual identification number or business and identification number:

1.3. Registration address:

1.4. surname, name, middle name (in case of its availability) (physical person or legal entity) of the head:

1.5. Contact information:

2. Accounting period

2.1. Period (beginning and termination):

3. The realized digital decisions

3.1. Name of the decision/project:

3.2. Description of the decision:

3.3. Start date and completion of implementation:

4. Financial statement.

4.1. Total amount of expenses on service implementation:

4.2. Expense allocation under Articles (for example the equipment, providing, services, etc.):

5. Additional data

5.1. Notes and recommendations about subsidizing process:

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