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

of November 22, 2016 No. 480

About modification and amendments in some orders of the Minister of national economy of the Republic of Kazakhstan

I ORDER:

1. Approve the list of some orders of the Minister of national economy of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to department of budget investments and development of public-private partnership:

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

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information for 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 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 this Item.

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.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 22, 2016, No. 480

The list of some orders of the Minister of national economy of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 713 "About approval of Regulations of Admission of objects of public-private partnership in state-owned property" (registered in the Register of state registration of regulatory legal acts for No. 12487, published in information system of law of Ad_let on December 31, 2015) the following changes:

in Regulations of Admission of the objects of public-private partnership in state-owned property approved by the specified order (further - Rules):

7) of Item 2 to exclude the subitem;

state Item 5 in the following edition:

"5. If on object of PPP compensation of investment costs is performed, object of PPP is subject to transfer to state-owned property.";

state Item 9 in the following edition:

"9. The private partner within thirty working days from the moment of approach of term of transfer of object of PPP to state-owned property in accordance with the terms of the agreement of PPP, addresses to authorized state body of the corresponding industry - concerning objects of the PPP relating to republican property or local executive bodies of areas (the city of republican value, the capital) - concerning objects of the PPP relating to utility property with the statement for transfer of object to state-owned property.

If other is not established by the agreement of PPP, the moment of approach of term of transfer of object of PPP to state-owned property is approval date of the acceptance act of object in operation according to item 4 of article 73 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan".

The private partner together with the statement submits documents, according to the List of the documents submitted by the private partner in case of acceptance of objects of public-private partnership to state-owned property according to appendix to these rules in authorized state body of the corresponding industry or local executive bodies of areas (the city of republican value, the capital) for transfer of objects of PPP to state-owned property.

The private partner provides transfer of object of PPP to the state partner in proper technical condition.";

To state the list of the documents submitted by the private partner in case of acceptance of objects of public-private partnership to state-owned property according to appendix to these rules in edition according to appendix 1 to this order.

2. Bring in the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 "About some questions of planning and projects implementation of public-private partnership" (registered in the Register of state registration of regulatory legal acts for No. 12717, published in information system of law of Ad_let on February 4, 2016) the following changes and amendments:

in the Rules of planning and projects implementation of public-private partnership approved by the specified order (further - Rules):

state Item 6 in the following edition:

"6. Simultaneous (parallel) implementation of examination and approval of the documents specified in Item 5 of these rules, except for implementation of approval by the central or local authorized body on state planning is allowed.

In cases when on the project of PPP measures of the state support and payment from the budget are not planned, conducting examination of the concept of the project of PPP, the tender documentation, including the design and estimate documentation or the feasibility study for the project of PPP (is allowed in case of their availability) on local projects of PPP, in the cases established by the subitem 8) of article 25 of the Law, financial institutions (banks of the second level, the consulting companies) having experience of the financial and investment analysis.";

state Items 8 and 9 in the following edition:

"8. The decision on need of project implementation of PPP is made by the authorized person, based on documents of System of state planning, orders or acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, and also taking into account initiatives of subjects of entrepreneurship.

In case of lack of possibility of independent development of the concept of the project the PPP, state body submits the request for financing of advisory support of the project of PPP in case of development of the concept of the project of PPP in form according to appendix 1 to these rules.

In case of determination of method of financing of the state investment project (further - GIP) on the mechanism of PPP, the decision on need of project implementation of PPP is made also based on the economic conclusion on the investment offer of GIP.

The decision on transfer of state-owned property according to the trust management agreement or property hiring (lease) within the project of PPP, is accepted in the presence of one of the following conditions:

1) order or act of the President of the Republic of Kazakhstan, Government of the Republic of Kazakhstan, and also initiative of subjects of entrepreneurship of project implementation of PPP;

2) provision of measures of the state support, subsidies from the state, compensations of investment costs, compensations of operating costs, payments for availability, and also carrying out advisory support of the project of PPP is supposed;

3) transition of the property right to object of PPP is supposed.

9. On planning stage of the project of PPP authorized persons if necessary for quality assurance of project management create the Interdepartmental project team by involvement of specialists of the subordinated organizations, independent experts, the project, engineering and other companies interested and authorized state bodies, representatives of National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken, subjects of entrepreneurship, and also consultants.

The structure of the Interdepartmental project team affirms the order of the first head of the authorized person interested in project implementation of PPP.

The interdepartmental project team performs the following functions:

studies offers and initiatives of mechanisms of project implementation of PPP;

selects, estimates, determines the priority, method of implementation of the project of PPP, tender type, questions connected with allocation of the parcels of land, connection to engineering networks;

studies results of marketing and other researches on the planned project of PPP;

studies all necessary calculations, including predesigns of the project of PPP;

creates offers for inclusion in the concept of the project of PPP;

hears all reports of persons involved in preparation of the project of PPP since stage of project planning of PPP and to stage of the conclusion of the agreement of PPP;

performs completion of the concept and tender documentation of the project of PPP during process of their approval and examination in process of receipt of notes from the approving authorized bodies and the organizations.

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