ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2024 No. 389

About modification and amendments in some orders of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to department of social security and social insurance of the Ministry of Labour and Social Protection of the population 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 Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population 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 first vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

4. Determine that since January 1, 2025:

the paragraph the fifth Item 1, the paragraph the fourth Item 3, the paragraph the fourth item 4 of the enclosed list of some orders approved by this order is effective in the following edition:

"4) the payer of social assignments (further – the payer) – the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan, including the tax agents determined by the tax legislation of the Republic of Kazakhstan, performing payment of social contributions to the State Social Insurance Fund for the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services).";

the paragraph of the seventh of Item 2 of the enclosed list of some orders approved by this order is effective in the following edition:

"6) the payer of social assignments (further – the payer) – the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan, including the tax agents determined by the tax legislation of the Republic of Kazakhstan, performing payment of social contributions to the State Social Insurance Fund for the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services).".

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of September 30, 2024, No. 389

The list of some orders of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 22, 2023 No. 237 "About approval of Rules of calculation (determination) of the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and review of the decision on appointment (refusal in appointment) social payment for work loss case" (it is registered in the Register of state registration of regulatory legal acts for No. 32881), the following changes and amendments:

in Rules of calculation (determination) of the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and the review of the decision on appointment (refusal in appointment) social payment for case of loss of work approved by the specified order:

in Item 2:

4) to state the subitem in the following edition:

"4) the payer of social assignments (further – the payer) – the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan.

As the payer of social assignments local executive bodies or other legal entities in case of payment of material benefit to individual assistants according to the paragraph are recognized to the ninth the subitem 31) of Item 2 of article 319 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further – the Tax code), and also the operator of Internet platform determined by the subitem 1) of Item 2 of Article 102 of this Code, paying social assignments for persons specified in the subitem 7) to Article part one 243 of this Code;";

add with subitem 8-1) of the following content:

"8-1) objects of informatization of banks of the second level – electronic information resources, the software, the Internet resource and information and communication infrastructure of banks of the second level;";

state Item 3 in the following edition:

"3. Persons having the right to social payment according to article 113 of the Code file in Fund petition in form according to appendix 1, the statement for purpose of social payment through the portal, the Elektronnaya Birzha Truda portal, objects of informatization of banks of the second level, in form according to appendix 2 to these rules, through:

The state corporation, in the presence of data on registration as the unemployed, with the identity document or the electronic document from service of digital documents (for identification) (in case of the request for purpose of social payment by person having the status of kandas the certificate of kandas, or the electronic document from service of digital documents is provided (for identification);

career center, in case of registration of person as the unemployed and the request for purpose of social payment for the principle of "one statement";

the portal, in the presence of data on registration as the unemployed;

the EBT portal, in case of registration as the unemployed on the specified portal.

objects of informatization of banks of the second level in the presence of data on registration as the unemployed.

Provision of the statement in case of purpose of social payment through pro-active service is not required.";

state part the second the subitem 7) of Item 8 in the following edition:

"In the absence of the bases provided by this Item, the electronic receipt (according to the address of the applicant the receipt is issued in paper format) on documents acceptance, provided in the statement in form according to appendix 1 to these rules is issued to the applicant.";

add with Item 15-1 of the following content:

"15-1 In case of the request of the applicant for purpose of social payment by means of object of informatization of banks of the second level the applicant initiates forming of the statement in the automated mode in which he is notified on the obligations and conditions provided in the application blank according to appendix 2 to these rules and also before signing of the electronic statement receives in mobile application of object of informatization of bank of the second level the notification on the arrived social assignments created in AIS "E-prototype" in form according to appendix of 4 these rules, for acquaintance.

Receives the data provided in the application form according to appendix 2 to these rules, object of informatization of banks of the second level through lock of "the electronic government" from the corresponding IS of state bodies and (or) the organizations by means of request.

After receipt of data, object of informatization of banks of the second level performs requests in AIS "E-prototype" for receipt of data on lack of the facts of appointment, implementation of social payment, filing of application or consent through pro-active service to its appointment, and also about participation of the applicant in system of compulsory social insurance.

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