ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 31, 2004 No. 515

About procedure and conditions of leasing of state-owned property

List of amending documents

According to article 14 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" and for the purpose of carrying out single state policy in the field of effective management of state-owned property, ensuring centralized coordination and increase in receipt of lease revenues, state-owned property in the government budget, strengthening of control and accounting behind use of state-owned property, the Government of the Republic of Tajikistan decides:

1. Approve enclosed the Procedure and conditions of leasing of state-owned property and the Procedure for charge of the rent for use of state-owned property.

2. To the ministries, the state committees, departments to the companies, organizations and the organizations every half-year (within month of the accounting period following later) to represent to the State committee of the Republic of Tajikistan on management of state-owned property information on use of the state fixed assets which are on their balance.

3. To the state committee, on investments and management of state-owned property of the Republic of Tajikistan:

- strengthen control of timely receipt of funds from lease of state-owned property in the republican budget, proper use and safety of the property of state-owned property assigned to the state companies and organizations, and also leased in accordance with the established procedure to other persons;

- to timely stop the facts of illegal lease of state-owned property, if necessary to make offers on accountability of persons guilty of violation of the current legislation.

 

Approved by the Order of the Government of the Republic of Tajikistan of December 31, 2004 No. 515

Procedure and conditions of leasing of state-owned property

I. General provisions

1. This Procedure determines use and conditions of leasing of state-owned property, and also execution of lease agreements. Leasing of state-owned property - one of methods of ensuring centralized coordination and increase in receipt of lease revenues of state-owned property in the government budget, strengthenings of control and accounting behind use of the state buildings.

2. The basic concepts used in this Procedure:

leasing of state-owned property - represents system of the relations in case of which the Lessor shall provide to the Lessee state-owned property for a fee in temporary ownership and use.

The lessor - concerning objects of republican property the State committee of the Republic of Tajikistan on management of state-owned property (further - the State Property Committee), concerning objects of utility property local executive bodies of the government.

The lessee - the physical person or legal entity receiving (received) in temporary ownership and use (lease) state-owned property for a fee.

The asset holder - the state bodies, organizations, the companies and the organizations of the Republic of Tajikistan having on balance not used or inefficiently used property which is state-owned property.

The applicant - the physical person or legal entity which requested delivery of not used or inefficiently used state-owned property in lease.

Objects of lease not used, and also inefficiently used areas of buildings and constructions, the equipment, vehicles, mechanisms, and also other properties which are in state-owned property which asset holders are state bodies, organizations, the companies and the organizations of the Republic of Tajikistan are recognized.

II. Procedure and conditions of delivery of state-owned property in lease

3. Delivery of not used or inefficiently used state-owned property in lease is made by the Lessor;

4. The applicant addresses the asset holder with the letter on delivery of state-owned property in lease. In case of the consent of the asset holder he files petition to the lessor on transfer to lease of state-owned property and according to this Procedure the lease agreement is signed.

In case of identification of the facts of space utilization of office buildings over the established regulation, and also other not used or inefficiently used state-owned property, the lessor has the right to lease it on the initiative.

5. Conditions of delivery of state-owned property, the right and obligation of the Parties, responsibility of the parties and other conditions are established by the lease agreement.

6. The lessee leases state-owned property from coming into force of the lease agreement.

7. The lessee bears property responsibility according to the legislation of the Republic of Tajikistan according to the obligations which arose at it in connection with lease agreement performance.

8. The lessor has the right to check accomplishment by the Lessee of the lease agreement, to receive all documents and data necessary for this purpose.

9. If the law or the lease agreement do not provide other, to the Lessee passes right to use with part of the parcel of land which is occupied with the leased state buildings and is necessary for its use according to its appointment.

III. Lease agreement

10. The main document regulating the relations of the Lessor with the Lessee, is the lease agreement.

11. The subject of the agreement of lease are not used, and also inefficiently used state-owned property leased.

12. The lessor signs with the Lessee the lease agreement of state-owned property in writing by creation of the single document signed by the parties (further - the agreement).

13. The name, the area and location of the leased state-owned property, its standard characteristics, the size and procedure for introduction of the rent, lease terms, the rights and obligations of the Parties under the agreement, conditions of its termination and other conditions are provided in the agreement.

In case of absence in the agreement of the condition approved by the parties in writing on the size and procedure for introduction of the rent, lease term the agreement is considered unconcluded.

14. In cases when the hire charge of the state buildings is established in the agreement per acre of the state building or other indicator of its size, the rent is determined proceeding from the actual size of the state building transferred to the Lessee.

IV. Procedure for the conclusion of the lease agreement of state-owned property

15. After adoption of the relevant decision Lessor takes measures for the conclusion of the contract with participation of representatives of the Lessee.

16. In the agreement it is necessary to specify accurately quantitative and high-quality parameters of leased object i.e. to designate locations of leased object, its purpose, borders and other signs allowing to identify precisely the corresponding state-owned property.

The corresponding appendices which are integral part of the lease agreement are applied to the agreement.

17. Charge of the rent is performed by the Lessor according to Procedure for charge of the rent for use of state-owned property.

18. The rent is monthly or quarterly brought in the form of established in firm payment amount, depending on property type: for use of objects of republican property in the republican budget, for objects of utility property - in local budgets, paid periodically or one-timely.

V. Transfer of state-owned property to lease

19. Transfer of state-owned property to lease is performed under the transfer act or other document on transfer signed by the parties.

20. Preparation of state-owned property for transfer, including creation and representation on signing of the transfer act or other document on transfer, is obligation of the Asset holder and is performed at his expense if other is not provided by the lease agreement.

21. The statement is drawn up in the presence of plenipotentiaries of the Asset holder and the Lessee.

22. The act shall contain the following details:

- place and date of creation of the act;

- number and signature date of the lease agreement according to which the acceptance of state-owned property is made;

- technical condition of the transferred state-owned property;

- terms and procedure for elimination of the revealed violations and defects.

23. The act is signed by the Lessor and the Lessee and certified by seals. In case of agreement cancelation or after its term the acceptance report - transfers of leased property is also drawn up.

24. If the parties refuse signing of the transfer act or other document on transfer of state-owned property, on the conditions provided by the agreement is considered as refusal according to the Lessor of discharge of duty on cession of property, and the Lessee - from acceptance of property.

25. In case of termination of the contract the Lessee shall return to the Lessor, the Asset holder state-owned property in that condition in which he received it, taking into account depreciation, or in the condition caused by the agreement.

VI. Responsibility of the parties

26. In case of non-execution or improper execution of agreement obligations, the parties bear the responsibility established by the legislation of the Republic of Tajikistan.

27. The party at fault shall indemnify to other party the caused material damage and all losses caused by non-execution or improper execution of the obligations under the agreement.

28. Attraction to disciplinary, administrative and criminal liability does not exempt perpetrators from obligation of compensation of the caused damage.

VII. Procedure for the dispute resolution

29. The parties shall solve all disputes which can arise in the course of economic activity of the Lessee by negotiations.

30. If the parties do not reach consent, disputes are resolved judicially according to the legislation of the Republic of Tajikistan.

 

Approved by the Order of the Government of the Republic of Tajikistan of December 31, 2004 No. 515

Procedure for charge of the rent for use of state-owned property

I. General provisions

This Procedure determines procedure for charge of the rent for use of state-owned property.

1. The lease agreement of state-owned property shall provide the amount of the rent. In the absence of the condition approved by the parties in writing about the amount of the rent the lease agreement of state-owned property is considered unconcluded.

2. The rent from leasing of state-owned property is brought depending on property type: for objects of republican property in the republican budget; for objects of utility property in the corresponding local budgets.

II. The rent for use of state-owned property

3. The amount of the rent is established by agreement of the parties and shall not be below the annual amount of the depreciation charges on complete recovery of leased state-owned property.

4. The cost of leased property is determined as follows:

NANOSECOND - initial cost in the prices of year of input;

GV - year of commissioning;

OG - accounting year;

AF - replacement cost taking into account coefficients of revaluations of 1991. (To 1), 1993. (To 2), 1996 (KZ), 1998. (To 4), 2002. (To 5), conversion of national currency of 1995 (Kk-95) and 2002 (Kk-00);

AF = NANOSECOND x K1 x K2:kk-95 x KZ x K4:kk-00 x K5

GNA - annual depreciation charge rate:

GSI - the annual amount of depreciation (GSI=VS x GNA: 100);

OPE - the general period of the actual operation (OPE = OG-GV);

SFI - degree of the actual depreciation for the entire period of operation (SFI = OPE x GNA);

The Federation Council - the amount of the actual depreciation for the entire period of operation (the Federation Council = ВСхСФИ:100);

OVS - residual replacement cost (OVS = AF - the Federation Council);

KF - coefficient of market factors;

a) MR - the location from 2 to 8;

b) KF - comfort from 2 to 7;

PVS - all-in replacement cost taking into account application of market coefficients (PVS = OVS x (MR + KF) + GSI;

5. In cases when the hire charge of the building or construction is established in the agreement per acre of the building (room) or other indicator of its size, the rent is determined proceeding from the actual size of the building (room) transferred to the lessee.

6. The rent for use of property is established in type:

1) determined in firm payment amount, brought periodically or one-timely;

2) the established share received as a result of use of leased property, products, fruits or the income;

3) provisions by the lessee of certain services;

4) assignment on the lessee of the costs for improvement of leased property caused by the agreement.

The parties can provide in the agreement combination of the specified payment methods for use of property or other payment methods.

7. In all specified payment forms the cost of each their specific type shall correspond by the sizes to the cost of the rent determined according to item 4 of this procedure.

8. The amount of the rent can change in the terms provided by the agreement, but is not more often than once a year.

III. The rent for use of the state companies

9. The amount of the rent is established by agreement of the parties and shall not be below the annual amount of the depreciation charges on complete recovery of the fixed assets which are registered on balance of the state company plus certain percent from profit of the company.

10. The cost of the rent of the company as property complex is determined based on data of balance of the company with the annex of the list of the fixed assets to it which are registered on account 01 "Fixed assets".

11. The cost of the rent joins the annual amount of the depreciation charges on complete recovery of the fixed assets of the company which are registered on account 01? Fixed assets?. At the same time the annual amount of the depreciation charges is determined based on single depreciation charge rates on complete recovery of fixed assets of the national economy of the Republic of Tajikistan approved by the Order of the Ministry of Finance of the Republic of Tajikistan of September 5, 1997 No. 86.

12. The amount of the rent can change by agreement of the parties in the terms provided by the agreement, but is not more often than once a year.

The amount of the rent can be reviewed ahead of schedule upon the demand of the lessor in cases of carrying out revaluation of fixed assets on the basis of regulatory legal acts of the Republic of Tajikistan.

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