ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 30, 2014 No. 1154

About modification of the orders of the Government of the Republic of Kazakhstan of May 8, 2003 No. 436 "About some questions of implementation of the Law of the Republic of Kazakhstan "About investments" and of May 25, 2012 No. 683 "About approval of the Development program of monotowns for 2012-2020" and recognition voided some decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Bring the following changes in some decisions of the Government of the Republic of Kazakhstan:

1) in the order of the Government of the Republic of Kazakhstan of May 8, 2003 No. 436 "About some questions of implementation of the Law of the Republic of Kazakhstan "About investments" (SAPP of the Republic of Kazakhstan, 2003, No. 19, the Art. 192);

state Item 1 in the following edition:

"1. Approve enclosed:

1) the model contract for implementation of the investment project providing implementation of investments and provision of investment preferences;

2) the list of priority types of activity for implementation of investment projects;

3) Rules of involvement of specialists of state bodies, consultants and experts by authorized body for investments.";

The model contract for implementation of investments providing preferences, approved by the specified resolution to be reworded as follows 1) according to appendix 1 to this resolution;

2) the list of priority types of activity at the level of classes of the general qualifier of types of economic activity on which investment preferences, according to appendix 2 to this resolution are provided;

The list of priority types of activity at the level of classes of the general qualifier of the types of economic activity exempted from taxation by customs duties when importing spare parts to processing equipment, raw materials and (or) materials approved by the specified resolution to exclude 3);

4) in Rules of involvement of specialists of state bodies, consultants and experts by authorized body in the field of the state support of the investments approved by the specified resolution:

state heading in the following edition:

"Rules of involvement of specialists of state bodies, consultants and experts by authorized body on investments";

state preamble in the following edition:

"These rules determine procedure and conditions of attraction by authorized body on investments (further - authorized body) specialists of state bodies, consultants and experts from among physical persons and legal entities for conducting examination by consideration of requests for provision of investment preferences, the conclusion of the investment contract for implementation of the investment project providing implementation of investments and provision of investment preferences and also implementation of investing activities by the investor.";

2) in the order of the Government of the Republic of Kazakhstan of May 25, 2012 No. 683 "About approval of the Development program of monotowns for 2012-2020":

in the Development program of monotowns for 2012-2020 approved by the specified resolution:

in Section 4. "Purpose, tasks, target indicators and indicators of results of program implementation":

in the subsection "Tasks":

paragraph third subitem 1) item 4 parts two "Second direction: diversification of economy and development of small and medium business for providing optimum structure of employment of the population of monotowns" to exclude;

in Section 7. "The actions plan on program implementation of development of monotowns for 2012-2020":

10, to exclude line, sequence number.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 3 to this resolution.

3. This resolution becomes effective after ten calendar days after its first official publication, except for paragraphs of the first, second, third, fourth, fifth subitem 2) of item 4 of appendix 1 to this resolution which become effective since January 1, 2015.

Appendix 1

to the Order of the Government of the Republic of Kazakhstan of October 30, 2014 No. 1154

Approved by the Order of the Government of the Republic of Kazakhstan of May 8, 2003, No. 436

The model contract for implementation of the investment project providing implementation of investments and provision of investment preferences

Astana ______________________                   (number, month, year)

This investment contract for implementation of the investment project providing implementation of investments and provision of investment preferences is signed between

______________________________________________________________________________________________________

                                              (name of authorized body)

in лице________________________________________________________________________________________________,

                      (surname, name, middle name of the head or person fulfilling its duties)

acting on основании_______________________________________________________ (further - the representative

                                                         (provision or order)

body) и_______________________________________________________________________________, performing

(name of the legal entity of the Republic of Kazakhstan, number, date of state registration)

implementation of the investment project on behalf of ______________________________________________________________

______________________________________________________________________________________________________

          (Surname, name, middle name of the first head or other authorized person)

acting on the basis of the (the charter or the power of attorney) (further - the investor), the hereinafter referred to as Parties.

In view of that:

1) the legislation of the Republic of Kazakhstan on investments based on the Constitution of the Republic of Kazakhstan is directed to creation of the favorable investment climate for the purpose of creation new, expansions and updates of the operating productions in priority types of activity;

2) the authorized body is given the rights which are directly connected with the conclusion and control of execution of the investment contract;

3) the authorized body and the investor agreed that the investment contract will regulate their mutual rights and obligations in case of realization

______________________________________________________________________________________________________

                                                name of the investment project

______________________________________________________________________________________________________

    the authorized body and the investor signed this investment contract as follows.

1. Basic concepts

1. The basic concepts used in this investment contract:

1) the investment contract - the contract for implementation of the investment project providing implementation of investments and provision of investment preferences;

2) the income - income gained from investing activities or related irrespective of form in which they are paid, including profit, dividends and other remunerations;

3) intangible assets - the non-material objects used during the long-term period (more than one year) for receipt of gross annual income;

4) force majeure - the force majeure circumstances complicating the course or resulting in impossibility of further execution of the investment contract (the military conflicts, natural disasters, natural disasters and so forth);

5) the third party - any person which is not the Party under the investment contract;

6) the working program - the appendix 1 to the investment contract determining the schedule of works on implementation of the investment project before input of production in operation, and also the main production indicators of the project after input of production in operation;

7) the investment priority project - the investment project realized by the newly created legal entity on certain priority types of activity which list is approved by the Government of the Republic of Kazakhstan, and providing implementation of investments in the amount of at least dvukhmillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences;

8) investment subsidy - type of the budget subsidy provided as investment preference on non-paid and irretrievable basis to the legal entity of the Republic of Kazakhstan who signed the investment contract for implementation of the investment priority project.

2. Concept, explanations which is not present in this Section matter, corresponding to the concepts containing in the Law of the Republic of Kazakhstan of January 8, 2003 "About investments" (further - the Law) and other regulatory legal acts regulating questions of investment preferences.

2. Subject of the investment contract

3. Subject of this investment contract is provision to the investor of investment preferences, stipulated by the legislation the Republic of Kazakhstan about investments, within the investment project.

4. To the investor:

1) according to the investment project (including to the investment priority project) the following types of investment preferences are provided:

release from taxation by customs duties when importing processing equipment and component parts to it for term _________ according to appendix 2 to this investment contract;

release from taxation by customs duties when importing spare parts to processing equipment, raw materials and (or) materials for term _____________ according to appendix 3 to this investment contract;

the state natural grant in type: _________ on the right _____________ with subsequent _________, in case of accomplishment of investment obligations according to the investment contract;

2) according to the investment priority project the following types of investment preferences are provided:

preferences on taxes:

reduction of the amount of the estimated corporate income tax by 100 percent for a period of ____ years *, since January 1 year in which the investment contract, and no later than ten consecutive years which are estimated, since January 1 of the year following after year in which the investment contract for implementation of the investment priority project is signed is signed;

application of coefficient 0 to rates of the land tax for a period of ____ years *, from the 1st in which the investment contract, and no later than ten consecutive years which are estimated, since January 1 of the year following after year in which the investment contract for implementation of the investment priority project is signed is signed;

calculation of the property tax at the rate 0 percent to tax base for a period of ____ years *, from the 1st in which the first asset is considered as a part of fixed assets according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting, and no later than eight consecutive years which are estimated, since January 1 of the year following after year in which the first asset is considered as a part of fixed assets according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting;

investment subsidy for implementation of the investment priority project after input of production in operation in full based on the decision of the Government of the Republic of Kazakhstan following the results of year according to the schedule and annual amounts according to appendix 4 to this investment contract on condition of accomplishment by the investor of obligations on production loading.

3. Purpose of the investment contract

5. This investment contract establishes legal framework of contractual relations between authorized body and the investor according to applicable law for the purpose of provision of investment preferences in case of realization

______________________________________________________________________________________________________

                                             (investment or investment priority project)

and activities implementation

______________________________________________________________________________________________________

                                                           (name of priority type of activity)

4. Object of investing activities

6. Object of investing activities under this investment contract is

______________________________________________________________________________________________________

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