ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 24, 2018 No. 374

About approval of Rules of submission of reports by subsoil users when carrying out transactions on exploration and production of solid minerals, production of popular minerals

According to parts one and the fourth Item 3 of Article 195, parts one and the fourth Item 3 of Article 215, Item 2 of article 236 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" I ORDER:

1. Approve the enclosed Rules of submission of reports by subsoil users when carrying out transactions on exploration and production of solid minerals, production of popular minerals.

2. To provide to department of subsurface use of the Ministry for Investments and Development 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) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

4) 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 for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2) and 3) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective since June 29, 2018 and is subject to official publication.

It is approved Minister of Finance of the Republic of Kazakhstan May 29, 2018

__________ B. Sultanov

It is approved Chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan on May 25, 2018

_____________________ N. Aydapkelov

It is approved Minister of Energy of the Republic of Kazakhstan May 24, 2018

___________ K. Bozumbayev

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 24, 2018 No. 774

Rules of submission of reports by subsoil users when carrying out transactions on exploration and production of solid minerals, production of popular minerals

Chapter 1. General provisions

1. These rules of submission of reports by subsoil users when carrying out transactions on subsurface use (further - Rules) are developed according to parts one and the fourth Item 3 of Article 195, parts one and the fourth Item 3 of Article 215, Item 2 of article 236 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code), the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" and determine procedure for submission of reports by subsoil users when carrying out transactions by exploration and production of solid minerals, production of popular minerals.

2. Reports are submitted annually for the previous calendar year no later than April thirtieth every year.

Reports for incomplete calendar year are submitted for the actual period of subsurface use.

Reports for the last incomplete calendar year of the period of use of the subsoil plot are submitted no later than two months after the end of the specified period.

In cases if the last day of term of submission of the reporting falls on non-working day, the date of representation is postponed the next working day.

3. In these rules the following main determinations are used:

1) authorized body on studying of subsoil – the authorized body realizing state policy in the field of geological studying of subsoil and use of space of subsoil;

2) popular minerals – the nonmetallic solid minerals used in natural state or with insignificant processing and cleaning in construction and other economic purposes and having wide circulation in subsoil;

3) production of popular minerals – complex of works, directed and directly connected with department and extraction of popular minerals from places of their bedding;

4) competent authority – the central executive body realizing state policy and representing the interests of the Republic of Kazakhstan in the field of subsurface use;

5) local executive bodies of area, city of republican value, the capital – the local executive bodies participating in realization of state policy in the field of subsurface use;

6) solid minerals – the natural mineral educations, organic substances and their mixes which are in firm condition in subsoil or on the land surface;

7) production of solid minerals – complex of works, the directed and directly connected with department solid minerals from places of their bedding and (or) their extraction on the land surface, including works on underground gasification and smelting, chemical and bacterial lixiviation, drazhny and hydraulic development of loose fields by evaporation, sedimentation and condensation, and also collection, temporary storage, crushing and sorting of the extracted minerals in the territory of the site of production;

8) authorized body in the field of solid minerals – the central executive body realizing state policy on regulation of transactions on exploration and production of solid minerals, except for uranium production.

Chapter 2. Procedure for submission of reports by subsoil users when carrying out transactions on exploration and production of solid minerals, production of popular minerals

4. When carrying out transactions on exploration and production of solid minerals, production of popular minerals the subsoil user represents following the following report types:

1) to competent authority the performance report of licensed obligations on investigation of solid minerals in form according to appendix 1 to these rules;

2) to competent authority the performance report of licensed obligations on production of solid minerals in form according to appendix 2 to these rules;

3) to local executive body of area, city of republican value, the capital the performance report of licensed obligations on production of popular minerals in form according to appendix 2 to these rules;

4) to authorized body in the field of solid minerals the report on goods purchased, works and services and share of intra country value in them on investigation or production of solid minerals in form according to appendix 3 to these rules;

5) to authorized body in the field of solid minerals the report on the list of persons and (or) the organizations directly or indirectly controlling the subsoil user on investigation or production of solid minerals in form according to appendix 4 to these rules;

6) to competent authority the report on accomplishment of the work program (in case of assignment of the status of deduction) in form according to appendix 9 to these rules.

The audit report (conclusions) confirming the expenses specified in reports according to the Law of the Republic of Kazakhstan "About auditor activities" is attached to the reports provided by subitems 1) and 2) of part one of this Item according to parts two both third Item 3 of Article 195 and parts two and third Item 3 of article 215 of the Code. Submission of the audit report constituted by results of audit of the annual financial reporting of the subsoil user is allowed if are provided in it expenses on the transactions on investigation or production specified in the reports provided by subitems 1) and 2) of part one of this Item (are opened).

5. On the permissions, licenses and contracts for subsurface use issued and signed before enforcement of the Code, the subsoil user represents following the following report types, except for reports, stipulated in Item the 26th article 278 of the Code:

1) to competent authority the report on accomplishment of obligations it is license / contractual terms and the working program (investigation and (or) production of solid minerals) in form according to appendix 5 to these rules;

2) to authorized body on studying of subsoil the report on accomplishment of obligations it is license / contractual terms and the working program (investigation and (or) production of popular minerals) in form according to appendix 5 to these rules;

3) to competent authority the report on accomplishment of obligations it is license / contractual terms and the working program (investigation and (or) production of underground waters, therapeutic muds) in form according to appendix 6 to these rules;

4) to authorized body on studying of subsoil the report on accomplishment of obligations it is license / contractual terms and the working program (construction and (or) operation of the underground constructions which are not connected with investigation and (or) production) in form according to appendix 7 to these rules;

5) to competent authority the report on accomplishment of obligations on the standard contract on investigation (solid minerals, underground waters and therapeutic muds) in form according to appendix 8 to these rules;

6) to authorized body in the field of solid minerals the report provided by the subitem 4) of item 4 of these rules.

6. The reports provided by items 4 and 5 these rules are represented by subsoil users by means of filling of electronic form in the information system "Single Platform of Subsurface Use" (further – EPN) and signings by the digital signature of the official of the subsoil user given authority for submission of information, except for the reports provided by the subitem 4) of item 4 and the subitem 6) of Item 5 of these rules which are represented by subsoil users by means of the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers" (further - the Register) by filling of electronic form in the Register and signings with the digital signature of the official of the subsoil user given authority for submission of information.

7. The authorized body on studying of subsoil on the basis of reports prepares summary information which sends by means of EPN to competent authority and local executive bodies of area, city of republican value, the capital within two months after the term of submission of reports on accomplishment of obligations of licensed contractual terms.

8. In the absence of separate indicators in the corresponding report form crossed out sections are put down.

The additional information (cover letters, copies of the enclosed documents) is entered into EPN and are signed by the digital signature of the official of the subsoil user given authority for submission of information.

9. The report provided for previous year no later than July thirtieth every year is subject to adjustment.

Appendix 1

to Rules of submission of reports by subsoil users when carrying out transactions on exploration and production of solid minerals, production of popular minerals

It is represented: in competent authority on investigation of solid minerals.

The form intended for collection of administrative data on a grant basis is placed on the Internet – resource: https://www.gov.kz/memleket/entities/mps.

Name of administrative form: The performance report of licensed obligations on investigation of solid minerals.

Index of the form intended for collection of administrative data on a grant basis: 1-RTPI.

Frequency: annual.

Accounting period: year.

The group of people, representing the form intended for collection of administrative data on a grant basis: subsoil users according to licenses for investigation of solid minerals.

The term of representation of the form intended for collection of administrative data on a grant basis: annually no later than April 30 of the year following the accounting period.

IIN/BIN

Collection method: in electronic form by means of single platform of subsurface use.

Section 1. Information about the subsoil user (legal entity or physical person) and relation to the license for investigation of solid minerals

№ of payment order	General information about the subsoil user and the right of subsurface use	Value
1	2	3
1.	Full name of the subsoil user - legal person / surname, name and middle name (in case of its availability) the subsoil user physical person
1.1.	Business and identification number / individual identification number
2.	The accounting period for which the report is provided
3.	License number
3.1.	Date of issue of the license
3.2.	End date of term of the license
4.	The number of blocks for the beginning of the accounting period
5.	Number of blocks by the end of the reporting period
6.	Date of refusal of blocks in the accounting period (when applicable)
7.	The number of blocks which the subsoil user refused by the beginning of the accounting period (in the presence) since the beginning of action of the license
7.1.	including, in % of the initial number of blocks according to the license
8.	The required amount of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation in the accounting period, in thousands of tenges
9.	Details for obligation fulfillment on mitigation of consequences of transactions on investigation
9.1.	Method (methods) of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation
9.2.	The amount (amounts) of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation, in thousands of tenges
10.	Date of provision of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation to authorized body in the field of solid minerals
10.1.	The amount of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation to authorized body in the field of solid minerals, in thousands of tenges
11.	Start date of carrying out mountain and overburden works for the purpose of trial production in the accounting period (when applicable)
12.	Date of issue of permission of authorized body in the field of solid minerals on withdrawal of mountain weight or movement of the soil more than 1000 CBM (when applicable)

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