I.O.'S ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of October 22, 2024 No. 665/Tax Code

About approval of Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services", the subitem 13) 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 rendering the state service "Issue of Permission to Virtual Mobile Operator", 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 in the Ministry of Justice of the Republic of Kazakhstan 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 sixty calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

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

Appendix

to the Order of the acting minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of October 22, 2024 No. 665/Tax Code

Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

Chapter 1. General provisions

1. These rules of rendering the state service "Issue of Permission to Virtual Mobile Operator" (further – Rules) are developed according to Item 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law), the subitem 13) 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 rendering the state service "Issue of Permission to Virtual Mobile Operator" (further – the State service).

2. In these rules the following concepts are used:

1) the basic operator – the telecom operator having license for activities of mobile network operator of communication with which the virtual operator signs the usage agreement of infrastructure of communication network;

2) 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;

3) the virtual operator – the telecom operator using infrastructure of one or several mobile operators for provision of services of cellular communication.

Chapter 2. Procedure for rendering the state service

3. The list of the main requirements to rendering the state service, is stated according to appendix 1 to these rules (further – the List).

4. The state service appears Committee of telecommunications of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan (further – the Service provider).

5. For receipt of the state service physical persons and legal entities (further – Uslugopoluchateli) send by means of the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further – the Portal) to the service provider the statement according to appendix 2 or 3 of these rules.

6. The office of the service provider in day of receipt of documents performs their acceptance, registration and transfers to execution to responsible structural division of the service provider (further – the worker of the service provider).

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

The worker of the service provider within two working days from the moment of document registration, checks completeness of the submitted documents.

Of state registration (re-registration) of the legal entity the service provider receives the data on documents proving the identity from the corresponding state information systems through lock of "the electronic government".

In case of representation uslugopoluchately incomplete document package, and (or) documents with the expired effective period the worker of the service provider in the terms specified in part three of this Item prepares motivated refusal in further review of the statement in electronic form signed by the digital signature (further - the EDS) the head of the service provider and sends to uslugopoluchatel to personal account of the portal.

7. By provision uslugopoluchately complete document package and (or) data the worker of the service provider within 3 (three) working days performs check on compliance to their Qualification requirements and the list of the documents according to appendix 4 to Rules confirming compliance to them. In case of compliance of uslugopoluchatel to qualification requirements and lack of the bases for refusal the worker of the service provider creates permission according to appendix 5 to Rules. In case of discrepancy to qualification requirements and on the bases, stipulated in Item 10 Lists notifies uslugopoluchatel, on the provisional solution about refusal in rendering the state service, and also time, date and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes in advance, but not later than 3 (three) working days before adoption of the administrative act. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of the hearing to uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider the positive result or motivated refusal in rendering the state service goes.

The result of rendering the state service is created in electronic form, the service provider signed by the EDS the head, and goes to uslugopoluchatel to personal account on the portal.

8. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services.

When rendering the state service by means of the state information system of permissions and notifications, data on stage of its rendering arrive in the automatic mode in information system of monitoring of rendering the state services.

9. Registration and account of the issued permissions is kept in the automatic mode in the state information system of permissions and notifications.

Chapter 3. Procedure for appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials, concerning rendering the state services

10. Consideration of the claim concerning rendering the state services is made by higher administrative authority, the official, authorized body by assessment and control of quality of rendering the state services (further – the body considering the claim).

The claim is submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The service provider, the official, whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it and administrative case to the body considering the claim.

At the same time the service provider, the official whose decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.

If other is not provided by the laws of the Republic of Kazakhstan, appeal to the court is allowed after appeal in pre-judicial procedure, according to Item 5 of Article 91 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

Appendix 1

to Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

List of the main requirements to rendering the state service "Issue of Permission to Virtual Mobile Operator"
1.	Name of the state service	Issue of permission to virtual mobile operator.
2.	Name of the service provider	Committee of telecommunications of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan.
3.	Methods of provision of the state service	Reception of applications and issue of results of rendering the state service is performed by means of the Portal.
4.	Term of rendering the state service	Registration of permission to virtual mobile operator - 7 (seven) working days.
5.	Form of rendering the state service	Electronic (partially automated).
6.	Result of rendering the state service	Permission is issued to virtual mobile operator, or the motivated answer about refusal in rendering the state service.
7.	The amount of payment of the state service levied from uslugopoluchatel when rendering, and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	The state service is rendered on free basis.
8.	Working schedule of the service provider and subjects of information	1) the portal – round the clock, except for the breaks connected with carrying out technical works (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications is performed the next working afternoon); 2) the service provider – Monday through Friday from 9:00 till 18:30 o'clock with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan". Addresses of places of rendering the state service are placed: 1) Internet resource of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan: www.gov.egov.kz/memleket/entities/mdai, in the Section "State Services"; 2) portal.
9.	The list of the documents and data requested at uslugopoluchatel for rendering the state service	For receipt of permission to virtual mobile operator: the statement according to appendices 3 or 4 of these rules; the documents confirming compliance of uslugopoluchatel to qualification requirements according to appendix 5 to these rules.
10.	The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan	1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them; 2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by regulatory legal acts of the Republic of Kazakhstan; 3) the negative reply of authorized state body to request about approval which is required for rendering the state service, and also negative experimental testimony, researches or checks; 4) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect; 5) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service. 6) lack of consent of the uslugopoluchatel provided according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" on access to personal data of limited access which are required for rendering the state service.
11.	Other requirements taking into account features of rendering the state service including rendered electronically.	1. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of EDS availability. 2. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center concerning rendering the state services. 3. Contact telephone numbers of service desks concerning rendering the state service are specified in the www.gov.egov.kz/memleket/entities/mdai Internet resource, the Section "State Services". Single contact center concerning rendering the state services 1414, 8 800 080 7777. Effective period of permission constitutes 10 years.

Appendix 2

to Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

Form

The statement of physical person for receipt of permission of virtual mobile operator

in

___________________________________________________________________
                    (full name of the licensor)

from

___________________________________________________________________
 (surname name middle name (in case of its availability) physical person, individual 
                                 identification number)

I ask to issue permission to provision of services

virtual operator

____________________________________________________________________\

Residential address physical persons

____________________________________________________________________
  (postal index, area, city, area, settlement, name
                              streets, number of the house/building)

E-mail ________________________________________________

_______________________________________________________ phones

Bank account __________________________________________________
                           (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

_________________________________________________________________

(postal index, area, city, area, settlement, name

streets, number of the house/building (stationary room)

It is applied _____ sheets.

Proves to be true present that:

all specified data are official contacts and any information on questions of issue or refusal in issue of permission can be directed to them;

all enclosed documents are true and are valid;

The applicant agrees to collection and processing of personal data according to the legislation of the Republic of Kazakhstan on personal data and their protection in case of issue of permission;

__________________________________________________ physical person
                                    (surname, name, middle name (in case of its availability)

Date of filling: "___" _________ 20 __ years

Appendix 3

to Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

Form

The statement of the legal entity for receipt of permission of virtual mobile operator

in ________________________________________________________________
                 (full name of uslugopoluchatel)

from _______________________________________________________________
      (full name, location, business and identification 
  number of the legal entity (including foreign legal entity), 
       business and identification number of branch or representation 
            the foreign legal entity – in case of absence 
           business and identification number at the legal entity)

I ask to issue permission to provision of services of the virtual operator

Address of the legal entity

_________________________________________________________________
  (the postal index, the country (for the foreign legal entity), area, 
 city, area, settlement, name of the street, number of the house/building (stationary room)

E-mail ________________________________________________

________________________________________________________ phones

Bank account __________________________________________________
                          (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

_________________________________________________________________
 (postal index, area, city, area, settlement, name
               streets, number of the house/building (stationary room)

It is applied ______ sheets.

Proves to be true present that:

all specified data are official contacts and any information on questions of issue or refusal in issue of permission can be directed to them;

all enclosed documents are true and are valid;

The applicant agrees to collection and processing of personal data according to the legislation of the Republic of Kazakhstan on personal data and their protection in case of issue of permission;

Head _____________________________________________________
                             (surname, name, middle name (in case of its availability)

Date of filling: "__" __________ 20 __ years

Appendix 4

to Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

Qualification requirements and the list of the documents confirming the applicant's compliance on receipt of the state service "Issue of Permission to Virtual Mobile Operator"

No. p\p	Qualification requirements include availability:	The documents confirming the applicant's compliance to qualification requirements	Note
1	2	3	4
1.	The contract with mobile operator containing the following information: 1. Usage agreement of infrastructure of communication networks; 2. Use (on the property right, or other legal causes) hardware-software and technical means for ensuring holding operational search, counterprospecting actions, the collection and storages within two years of office information on subscribers of all communication networks according to Rules of implementation by telecom operators of collection and storage of office information on subscribers and (or) users of communication services approved by the order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of June 30, 2023 No. 220/Tax Code (it is registered in the Register of state registration of regulatory legal acts for No. 33007); 3. The systems of accounting of traffic having the system of measurement of duration of connections and system of measurement of data transmission of the telecom operator entered in the register of state system for ensuring the uniformity of measurements of the Republic of Kazakhstan, the existing certificate about checkings; 4. Scheme of interaction between the virtual operator and basic operator.	Agreement Form of data	The electronic copy of the document is provided

Note:

The created and certified EDSs according to the procedure, determined by Rules of documentation, management of documentation and uses of electronic document management systems in the state and non-state organizations approved by the order of the Minister for Culture and Sports of the Republic of Kazakhstan of August 25, 2023 No. 236 (it is registered in the Register of state registration of regulatory legal acts for No. 33339).

Appendix

to Qualification requirements and the list of the documents confirming the applicant's compliance on receipt of the state service "Issue of Permission to Virtual Mobile Operator"

Form of the data containing information necessary for implementation of activities for provision of services of the virtual operator

1. The systems of accounting of traffic having system of measurement of duration of connections and system of measurement of data transmission of the telecom operator:

number and date of issue of the certificate about checkings ________________________;

2. The hardware-software and technical means for ensuring holding operational search, counterprospecting actions on all communication networks, and also collection and storage within two years of office information on subscribers of all communication networks according to Rules of implementation by telecom operators of collection and storage of office information on subscribers and (or) users of communication services approved by the order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of June 30, 2023 No. 220/Tax Code (it is registered in the Register of state registration of regulatory legal acts for No. 33007):

number and date of issue of the certificate of conformity ______________________;

number and date of issue of the act of commissioning telecommunication

the equipment with functions of holding operational search, counterprospecting actions _________________.

Appendix 5

to Rules of rendering the state service "Issue of Permission to Virtual Mobile Operator"

Form

Permission
Virtual mobile operator of the Republic of Kazakhstan No. ______

It is issued (the name of legal entity or physical person)

BIN (IIN)

For the organization: (radio communication type)

Permission effective period: 10 years

Date of issue: "___" _______________ 20 ___ years

The head _________ surname, name, middle name (in case of its availability).

Unique identification number of the statement
Basis
Additional information

Conditions of action of permission:

1) Permission to provision of services of virtual mobile operator stops, in case of cancellation of the contract with the operator (i) of cellular communication in case of which the virtual operator does not conform to qualification requirements.

2) Permission is prolonged in case of treaty extension with basic mobile operator, on condition of confirmation of conformity of the virtual operator to qualification requirements.

3) Permission stops in case of early agreement cancelation between basic and virtual operators on mutual initiative of the parties or at the initiative of one of the parties.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info