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ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 15, 2019 No. 775

About approval of Rules for apportionment by managing company of special economic or industrial zone of the parcels of land between participants of special economic or industrial zone

According to the subitem 24) article 11 of the Law of the Republic of Kazakhstan of April 3, 2019 "About special economic and industrial zones" PRIKAZYVAYU:

1. Approve the enclosed Rules for apportionment by managing company of special economic or industrial zone of the parcels of land between participants of special economic or industrial zone.

2. To provide to committee of industrial development and industrial safety of the Ministry of the industry and infrastructure 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) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

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

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

Minister

B. Atamkulov

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of October 15, 2019 No. 775

Rules for apportionment managing company of special economic or industrial zone of the parcels of land between participants of special economic or industrial zone

Chapter 1. General provisions

1. These rules of distribution of special economic or industrial zone of the parcels of land by managing company between participants of special economic or industrial zone (further - Rules) are developed according to the subitem 24) of article 11 of the Law of the Republic of Kazakhstan of April 3, 2019 "About special economic and industrial zones" and determine procedure for distribution of special economic or industrial zone of the parcels of land by managing company between participants of special economic or industrial zone.

2. The main terms and determinations used in these rules:

1) managing company of special economic zone - the legal entity created or determined according to the Law of the Republic of Kazakhstan "About special economic and industrial zones" (further - the Law) and the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies" for ensuring functioning of special economic zone;

2) the participant of special economic zone - the legal entity performing priority types of activity in the territory of special economic zone and included in the unified register of participants of special economic zones;

3) managing company of industrial zone - the legal entity created or determined according to the Law for ensuring functioning of industrial zone;

4) the participant of industrial zone - the individual entrepreneur, the legal entity performing placement and operation of objects of business activity in the territory of industrial zone according to the procedure, established by the legislation of the Republic of Kazakhstan with which the managing company of industrial zone signs the agreement on activities implementation;

5) the project - complex of the actions providing creation of modern high-productive, competitive productions and services for implementation of priority types of activity by the potential participant, applicant or participant of special economic zone, and also for implementation of business activity by the potential participant, applicant or participant of industrial zone;

6) the agreement on activities implementation - the agreement signed between the participant or several participants of special economic or industrial zone and managing company of special economic or industrial zone, establishing conditions of implementation of activities in the territory of special economic or industrial zone and (or) in their legal regime, the rights, obligations and responsibility of the parties.

Chapter 2. Procedure for distribution of special economic or industrial zone of the parcels of land by managing company between participants of special economic or industrial zone

3. Based on the signed agreement on activities implementation, the managing company of special economic or industrial zone shall reserve the part of the parcel of land provided under project implementation of the participant of special economic or industrial zone according to the stages determined in it.

At the same time the parcels of land reserved thus cannot be transferred to other persons or are otherwise aloof managing company without the consent of the participant of special economic or industrial zone with which the specified agreement is signed, except as specified, when such participant did not fulfill obligations on step-by-step project implementation.

4. The area of the reserved parcel of land shall not exceed the area specified in the feasibility statement on the project of the participant of special economic or industrial zone.

5. Issue of the parcel of land which is not intended for implementation of priority types of activity by the participant of special economic zone, and also for implementation of business activity by the participant of industrial zone is not allowed.

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