ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2016 No. 28

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments"

I ORDER:

Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments" (registered in the Register of state registration of regulatory legal acts for No. 9938, published in information system of law of Ad_let on December 19, 2014) the following changes:

in Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of the budget investments (further – Rules) approved by the specified order:

third of Item 10 to state part in the following edition:

"At the same time, the additional conclusions of industry examinations are provided by the relevant industry central state bodies signed by the first head

or replacement his faces, or person, representative

separately on each GIP the first head

state body – ABP, only regarding impact assessment

realization of GIP on the supervising industry and compliance to industry priorities.";

state Item 14 in the following edition:

"14. The investment offer of GIP, including the documents specified in Item 6 of these rules are polistno initialed by the head of the structural unit of ABP responsible for development of the investment offer and is drawn up in the procedure established by the legislation of the Republic of Kazakhstan for official documents.

The documents specified in subitems 1) and 2) of Item 6 of these rules are signed by the first head of state body – ABP either replacement his face, or the face authorized separately on each GIP by the first head of state body – ABP.

According to the investment offer of GIP according to which implementation of budget investments by means of participation of the state in the authorized capital of the national holdings and national managing holding providing projects implementation in different industries of economy which cannot be carried to competence of one ABP and also the organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan is planned the documents specified in Item 6 of these rules are represented signed by the first heads of data of national holdings, national managing holding and organization, or persons them replacement, except for the information leaf, the conclusion of industry examination represented signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on each GIP by the first head of state body – ABP.";

third of Item 55 to state part in the following edition:

"At the same time, the additional conclusions of industry examinations are provided by the relevant industry central state bodies signed by the first head or replacement his face, or person authorized separately on everyone the PIP by the first head of state body – ABP, only regarding realization impact assessment the PIP on the supervising industry and compliance to industry priorities.";

state Item 57 in the following edition:

"57. The conclusion of industry examination is signed by the first head of state body – ABP or person replacing it or person authorized separately on everyone the PIP by the first head of state body – ABP and is drawn up in the procedure established by the legislation of the Republic of Kazakhstan for official documents.";

subitems 1), of Item 78 to state 2) and 3) in the following edition:

"1) the letter request signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP with indication of the technical solutions and additional expenses assumed to change, with appendix of the corresponding comparative table signed by the first head of state body – ABP either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP;

2) the conclusion of industry examination of authorized body of the corresponding industry confirming feasibility of change of technical solutions and prediscretion of additional expenses, signed by the first head of state body either replacement his face, or person authorized separately on everyone the PIP by the first head of state body and drawn up in the procedure established by the legislation of the Republic of Kazakhstan for official documents;

3) the additional conclusion of industry examination of the relevant authorized state body depending on specifics of the project represented in the form of the official letter signed by the first head either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP and confirming justification and reliability of expected parameters of change of technical solutions and prediscretion of additional expenses;";

1) and 2) to state subitems to part four of Item 114 in the following edition:

"1) the letter request signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP with indication of the technical solutions and additional expenses assumed to change, with appendix of the comparative table in form according to appendix 16 to these rules;

2) the conclusion of industry examination of authorized body of the corresponding industry confirming feasibility of change of technical solutions and prediscretion of additional expenses, signed by the first head of state body either replacement his face, or person authorized separately on everyone the PIP by the first head of state body and drawn up in the procedure established by the legislation of the Republic of Kazakhstan for official documents;";

7) to state the subitem to part four of Item 114 in the following edition:

"7) the explanatory note containing information on achievement or not achievement of the indicators specified in the approved feasibility study the PIP including in case of complete development of the allocated budgetary funds with indication of the reasons not of achievement, signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP.";

subitems 1) to state 2) and 3) to part four of Item 115 in the following edition:

"1) the letter request signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP with indication of the expected amount of rise in price;

2) the explanatory note signed by the first head of state body – ABP either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP which contains the following information:

reasons for expected additional budgeted expenses which will be required for realization completion the PIP;

information on the signed agreements, within realization the PIP, since development of the design and estimate documentation, with indication of the economy amount as a result of carrying out public procurements (if there is economy);

financing of the project from the budget for every year, since the beginning of development of the design and estimate documentation. This information is followed by the plan and the fact for every year with indication of not development reasons, in case of availability of those;

detailed specifying of the reasons attracting rise in price (with application of copies of letters of the contractors confirming timeliness of the warning of ABP of need of exceeding of the price (estimate) specified in the agreement);

the organization, or physical person because of which there was rise in price, and also the measures taken concerning such organization or physical person;

data on construction in progress condition, including about its cost assessment, acts of the performed works confirmed with substantive technical audit;

information on achievement or not achievement of the indicators specified in the approved design and estimate documentation including in case of complete development of the allocated budgetary funds, with indication of the reasons not of achievement;

3) the conclusion of industry examination of the relevant authorized state body depending on specifics the PIP represented in the form of the official letter, signed by the first head of state body either replacement his face, or person authorized separately on everyone the PIP by the first head of state body the confirmed seal, and confirming justification and reliability of increase in estimated cost of the project with appendix of explanations of ABP;";

7) to state the subitem to part four of Item 115 in the following edition:

"7) the comparative table and the list of the project documentation, assuming increase in estimated cost which represent to the electronic portal and also on paper and electronic carriers in the central or local authorized body on state planning in form according to appendix 16 to these rules signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP also is certified by seal;";

subitems 1) to state 2) and 3) to part ten of Item 115 in the following edition:

"1) the letter request signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP with indication of the rise in price amount;

2) the explanatory note signed by the first head of state body – ABP either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP which contains the following information:

reasons for additional budgeted expenses which will be required for realization completion the PIP;

information on the signed agreements, within realization the PIP, since development of the design and estimate documentation, with indication of the economy amount as a result of carrying out public procurements (if there is economy);

financing of the project from the budget for every year, since the beginning of development of the design and estimate documentation. This information is followed by the plan and the fact for every year with indication of not development reasons, in case of availability of those;

detailed specifying of the reasons attracting rise in price (with application of copies of letters of the contractors confirming timeliness of the warning of ABP of need of exceeding of the price (estimate) specified in the agreement;

the organization, or physical person because of which there was rise in price, and also the measures taken concerning such organization or physical person;

data on construction in progress condition, including about its cost assessment, acts of the performed works confirmed with substantive technical audit;

information on achievement or not achievement of the indicators specified in the approved design and estimate documentation including in case of complete development of the allocated budgetary funds, with indication of the reasons not of achievement;

3) the conclusion of industry examination of the relevant authorized state body depending on specifics the PIP represented in the form of the official letter, signed by the first head of state body either replacement his face, or person authorized separately on everyone the PIP by the first head of state body the confirmed seal, and confirming justification and reliability of increase in estimated cost of the project with appendix of explanations of ABP;";

7) to state the subitem to part ten of Item 115 in the following edition:

"7) the comparative table and the list of the project documentation, assuming increase in estimated cost which represent to the electronic portal and also on paper and electronic carriers in the central or local authorized body on state planning in form according to appendix 16 to these rules signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on everyone the PIP by the first head of state body – ABP also is certified by seal;";

1) to state the subitem to part one of Item 138 in the following edition:

"1) to the Section "Retrospective":

the financial reporting of participants (separate and consolidated) with seal and signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on each Investments by the first head of state body – ABP and the chief accountant for the last three years preceding introduction of FEO of Investments into the central or local authorized body on state planning and also explanatory notes to the financial reporting;

for participants whose financial records audit according to the legislation of the Republic of Kazakhstan on auditor activities is obligatory the audited financial reporting and audit reports constituted for the last three years are represented. At the same time the participant can provide the unaudited financial reporting for the last accounting period in the presence of the objective reasons according to the current legislation.

The financial reporting is submitted according to requirements of the current legislation, including with appendix of information on financial participations in other organizations, with appendix by detailed disaggregation of the balance sheet items occupying 10% and more in balance sheet total;";

the first and second Item 144 to state parts in the following edition:

"144. The original of FEO of Investments, and also the additional materials stipulated in Items 138, of 162 and 163 these rules are represented to ABP by the separate cover letter on the title form signed by the first head of state body – ABP or the replacement his faces or person authorized separately on each Investments by the first head of state body – ABP.

On budget investments by means of participation of the state in the authorized capital of the national holdings and national managing holding providing projects implementation in different industries of economy which cannot be carried to competence of one ABP and also the organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan, the original of FEO, and also the documents specified in Items 138, of 162 and 163 these rules are represented signed by the first heads of data of national holdings, national managing holding and organization, or persons them replacement, except for the conclusions of the industry examination represented signed by the first head of state body – ABP of either replacement his face, or the face authorized on each Investments by the first head of state body – ABP.";

the paragraph one of part six of Item 151 to state in the following edition:

"For removal of question of feasibility of adjustment of FEO of Investments of ABP to the relevant budget commission submit signed by the first head of state body – ABP or the replacement his faces or person authorized separately on each Investments by the first head of state body – ABP in the central authorized body on budgetary planning or local authorized body on state planning the following documents:";

the paragraph one of part ten of Item 151 to state in the following edition:

"At the second stage consideration of the corrected FEO of Investments is performed by the central or local authorized body on state planning on the basis of represented signed by the first head of state body – ABP or the replacement his faces or person authorized separately on each Investments by the first head of state body – ABP of the following documents:";

the paragraph one of part eleven of Item 151 to state in the following edition:

"The central authorized body on budgetary planning or local authorized body on state planning submit question of feasibility of financing on the corrected FEO of Investments for consideration of the relevant budget commissions on the basis of represented signed by the first head of state body – ABP or the replacement his faces or person authorized separately on each Investments by the first head of state body – ABP of the following documents:";

the twelfth Item 151 to state part in the following edition:

"On budget investments by means of participation of the state in the authorized capital of the national holdings and national managing holding providing projects implementation in different industries of economy which cannot be carried to competence of one ABP and also the organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan, the original of the corrected FEO, and also the documents specified in this Item of Rules are represented signed by the first heads of data of national holdings, national managing holding and organization, or persons them replacement, except for the conclusions of the industry examination represented signed by the first head of state body – ABP of either replacement his face, or the face authorized separately on each Investments by the first head of state body – ABP.";

the sixteenth to state the paragraph to part four of Item 182-6 in the following edition:

"the financial reporting of participants of the financial scheme (separate and consolidated) with seal and signed by the first head of state body – ABP or the replacement his faces or person authorized separately on each budget credit by the first head of state body – ABP and the chief accountant for the last three years preceding entering of FEO of budget credit into the central or local authorized body on state planning and also explanatory notes to the financial reporting;";

appendices 1 and 2 to Rules to state in edition according to appendices 1 and 2 to this order;

appendix 16 to Rules to state in edition according to appendix 3 to this order;

appendix 18-1 to Rules to state in edition according to appendix 4 to this order;

appendices 26, 27 and 28 to Rules to state in edition according to appendices 5, 6 and 7 to this order;

appendices 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 to Rules to state in edition according to appendices 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, of 19, of 20, of 21, 22 and 23 to this order.

2. To provide to department of budget investments and development of public-private partnership of the Ministry of national economy of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let, and also in the Republican center of legal information for entering into reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of national economy 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 of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the first vice-minister of national economy of the Republic of Kazakhstan.

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

It is approved Minister of Finance of the Republic of Kazakhstan "__" ________ 2016

_____________ B. Sultanov

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 26, 2016 No. 28

Appendix 1

to Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments

"Information Sheet of the Investment Offer" form

1. Data on the administrator of the budget program and GIP offered to realization

Administrator of the budget _____________________________ program

Name GIP ______________________________________________

The name established state, governmental

programs and the development program of the territories of the Republic of Kazakhstan, in

which structure realization of GIP (the reference to specific Items) is provided.

The name of the legal entity of the receiver of investments (in the presence of that)

The period of realization of GIP (if are unknown to specify approximately):

Realization duration: ____________ months

Beginning of realization of GIP: year: ________ month: ________

Expected completion of realization of GIP: year: ______ month: __

Period of operation (service) of GIP

Total cost of GIP: ____ thousands of tenges, including (it is filled in case of need):

cost of development of the feasibility study: __________ thousands of tenges

cost of adjustment of the feasibility study: ___________ thousands of tenges

Annual charges of object, and also in

the post-investment period (with indication of financing source)

Place of realization of GIP:

(specify the place of realization of GIP, its main components and cost allocation on GIP on regions)

1) Settlement (village, area, city, area, country)

2) the Asset holder * (it is filled if necessary)

3) Availability of the allocated earth for GIP * (it is filled if necessary)

yes (date and number of the decision according to which the parcel of land and the real estate which is on is allocated is specified

it is mute);

is not present (the amount which is necessary for the redemption of the parcel of land is specified).

4) availability of engineering and transport infrastructure (long distance railways, highways, pipelines, electro-, heating systems, water supply systems, gas pipelines and other infrastructure)

yes (it is specified what)

is not present (it is specified how many it is necessary additional costs)

Note:

Name				The years preceding year of implementation of Investment
				year		year		year
Number of the budget program (subprogramme)
Name of the budget program (subprogramme)
Description of the budget program (subprogramme)
Strategic direction			number
			name
Purpose			number
			name
Task			number
			name
Amount of the budget program (subprogramme), thousands of tenges
Regulatory legal act which approves the budget program (subprogramme)			Type
			acceptance date
			number
Result	№ of payment order	Target indicator	Unit of measure	plan	fact	plan	fact	plan	fact
Direct result (quantity indicators)	1.
	…
	№
Resulting effect (result indicators)	1.
	…
	№

     

3. Marketing analysis of industry

1) for GIP assuming creation (construction) and reconstruction of objects, and also implementation and development of information systems reflects the analysis of the existing and perspective demand for products (goods, works, services) assumed by the project (projects) in the considered region or social and economic need of the project.

2) for GIP assuming institutional development of industry (industries) by means of forming or increase in the authorized capital of subjects of the quasi-public sector is reflected by the analysis of the marketing circle in which the implementation of actions, with indication of the main indicators and dynamics of development which the implementation of actions will affect is supposed.

4. The general description of GIP assumed to realization (the general description GIP is stated individually (on project) in priority procedure)

Purpose and tasks of GIP:

1) purpose

(the purpose shall reflect wider tasks / priorities of development of industry (sphere) of economy established by strategic program documents of the Republic of Kazakhstan).

2) quantitative tasks

(specify quantitatively measured project tasks by means of which it is possible to determine project scale. Provide certain numerical indicators, for example, design capacity, and others)

3) Straight lines and resulting effects

(effect of the made products/service for their receivers as a result of project implementation, and also influence on subjects of business (including small and medium business), achievement of long-term indicators of economic and social return from project implementation based on key performance indicators of state bodies of the Republic of Kazakhstan).

Reasons for the project:

(prove need of implementation of this project;

specify as far as to raise indicator of this industry if the project will be realized).

Description of GIP:

(describe contents of the project and all its action and components according to table 1 and 2)

Table 1

Period and realization value action
№	Name of actions and components	Period	Period	Period	Total
		cost	cost	cost
1.
1)
2)
2.
1)
2)
Total

Table 2

№	Separate components and stages of realization	Quantitative indices
		Unit of measure	On the project	Cost (thousands of tenges)
1.
2.
3.

    

5. Institutional scheme of management of GIP

The description of the main participants, the scheme of their interaction, distribution of benefits and costs, the scheme of project management in the investment and post-investment periods, also beneficiaries (specify the number of people and target groups who will benefit from project implementation);

6. Social and ecological impact:

(briefly describe, impact of the project on the population and the environment)

Influence on employment of the population

(provide assessment of number of people who will be directly or indirectly involved in project implementation).

7. Alternative options of realization of GIP by possible types and methods of financing.

Describe possibility (impossibility) of realization of GIP by the following types and methods of financing with appendix of the corresponding proving calculations:

1) the budget investment project (the quantity characteristic of amount of the carried-out state functions, powers and the rendered state services within the provided budgetary funds which achievement completely depends on the organization activity performing these functions, powers or the rendering service, availability of social and economic effect the asset holder is directly the administrator of the budget program);

2) the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities (the quantity characteristic of amount of the carried-out state functions, powers and the rendered state services within the provided budgetary funds which achievement completely depends on the organization activity performing these functions, powers or the rendering service and (or) production by the Receiver of Investments of products of certain amount and quality);

3) budget credit (reflection of information on compliance to the principles of budget crediting, including:

recoverability, providing obligation of repayment of budget credit according to the credit agreement;

security, the methods established by the budget legislation of the Republic of Kazakhstan providing availability of ensuring obligation fulfillment;

the paid nature, the borrower of remuneration for provision of budget credit providing payment;

urgency, providing establishment of term of provision of budget credit.);

4) the concessionary project (reflection of information on compliance:

respect for the principles of concession established by the Law of the Republic of Kazakhstan "About concessions";

social efficiency of project implementation according to the scheme of concession;

cost efficiency of project implementation according to the scheme of concession;

justification of the proposed solutions according to the scheme of concession.);

5) private investments (reflection of information on compliance of high payback of GIP).

Details of the contact person

Surname, name, middle name (in case of its availability): _____________________

Position: _________________________________________

Division/organization: _________________________

Address: _____________________________________________

Contact telephone number: ________________________________

Fax: ______________________________________________

E-mail: _________________________________

_________________________ ________________________ OF M.P. ______

F.I.O position                            signature

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 26, 2016 No. 28

Appendix 2

to Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments

Table 1

"Basic Parameters of Financial and Economic Model of the Project" form

№ of payment order	Name of parameter	Parameter value	Reasons
1	2	3	4
1.	Total cost of the project	one thousand tenges
2.	Investment period	GGGG-GGGG
3.	Post-investment period	GGGG-GGGG
4.	Rate (coefficient) of discounting	%
5.	Rate of inflation	%
6.	Rates of taxes	%
7.	Depreciation rates

     

Note:

In line 4 the official rate of refinancing of National Bank of the Republic of Kazakhstan applied in measure calculations of financial and cost efficiency is specified.

In line 5 the rate of inflation, according to the mid-term forecast of indicators of monetary policy and/or macroeconomic indicators of the Republic of Kazakhstan, applied in measure calculations of financial and cost efficiency is specified. At the same time during the subsequent post-investment period the rate of inflation the last year specified according to the mid-term forecast of indicators of monetary policy or macroeconomic indicators of the Republic of Kazakhstan is accepted.

In line 6 the rates of taxes according to the existing Tax code of the Republic of Kazakhstan applied in measure calculations of financial and cost efficiency are specified.

In line 7 the depreciation rates according to the current legislation of the Republic of Kazakhstan applied in measure calculations of financial and cost efficiency are specified.

Appendix 2

to Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments

Table 2

"Measure Calculation of Cost Efficiency of the Project" form

№	Name	Note (reasons)	1	2	3	…	n
1.	Economic benefits
1)	Direct cash inflows
2)	Indirect economic benefits
2.	Economic costs
1)	Investment costs
2)	Operating costs
3)	Indirect economic costs
3.	Total pure economic current
4.	Total the pure discounted economic current
5.	The economic net discounted income (ENPV)
6.	Economic internal return rate (EIRR)

Note:

In the subitem 1) of Item 1 all cash receipts and payments connected with project implementation during the post-investment period are specified.

In the subitem 2) of Item 1 all benefits connected from project implementation, including additional social and economic, ecological effects in allied industries (spheres) of economy, determined for all post-investment period are specified. All benefits are given in cash equivalent (one thousand tenges).

In Item 1 the total cost of direct cash inflows and indirect economic benefits are specified.

In the subitem 1) of Item 2 project cost taking into account all cash investments during the investment period, including cost of design and exploration work, acquisition or lease of the parcel of land, its branch and development under construction, cost of works on preparation of the territory for construction and installation and construction works, the equipment and other is specified.

In the subitem 2) of Item 2 all cash costs directed to maintenance and/or content of object are specified from the moment of its commissioning.

In the subitem 3) of Item 2 all expected costs, including social and economic, ecological and in allied industries (spheres) of economy, the project implementations connected with effects except for of operating costs are specified. All costs are given in cash equivalent (one thousand tenges).

In Item 2 the total cost of investment and operating costs, indirect economic project costs is specified.

In Item 3 the difference between economic is specified to benefits and costs.

In item 4 the sizes received by multiplication of pure economic current on coefficient which is calculated by the following formula are specified:

                                                                        1

                                                                k =-------

                                                                    (1+r) i

r - the discount rate given in the table of 1 this appendix;

i - sequence number of year of project implementation (from 1 to n).

In Item 5 the size received by means of summing of the pure discounted economic current given in item 4 is specified.

In Item 6 the size received by means of finding of discount rate in case of which the economic net discounted income is equal to zero is specified.

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