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I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 2018 No. 317

About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments

(as amended on 10-12-2019)

According to the subitem 15) Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories", and also the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" PRIKAZYVAYU:

1. Approve the enclosed Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments (further - Rules).

2. Recognize invalid:

1) the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of February 1, 2017 No. 48 "About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments" (it is registered in the Register of the state registration of regulatory legal acts No. 14816, it is published on March 7, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

2) the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of November 28, 2017 No. 473 "About introduction of amendments to the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of February 1, 2017 No. 48 "About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments" (it is registered in the Register of the state registration of regulatory legal acts No. 16091, it is published on December 15, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. To provide to department of investment policy of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of the state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after the state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication, except for parts three of Item 16 of Rules which becomes effective since January 1, 2019.

Acting minister of agricultural industry of the Republic of Kazakhstan

A. Evniyev

It is approved

Minister of information and communications of the Republic of Kazakhstan

"____" ____________ 2018

 

______________ D. Abayev

It is approved

Minister of investments and development of the Republic of Kazakhstan

"____" ____________ 2018

 

______________ Zh. Kasymbek

It is approved

Acting minister of finance of the Republic of Kazakhstan

"____" __________ 2018

 

______________ B. Sholpankulov

It is approved

Acting minister of national economy of the Republic of Kazakhstan

"____" ____________ 2018

 

______________ R. Dalenov

 

Approved by the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 23, 2018 No. 317

Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments

Chapter 1. General provisions

1. These rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment investments (further - Rules) are developed according to the subitem 15) of Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" (further - the Law), and also the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" and determine procedure for subsidizing by compensation of part of the expenses incurred by the subject of agro-industrial complex (further - the AIC), in case of investment investments.

2. Main objective of subsidizing on compensation of part of the expenses incurred by the subject of the AIC in case of investment investments, is increase in goods availability, works and services within implementation of investment projects in the priority directions (sectors) of the AIC by decrease in capital intensity and increase in payback of the enclosed investments.

In these rules the following terms and determinations are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing the state registration of the rights to real estate in the place of its stay;

2) the web portal of information system (further - the web portal) - the Internet resource placed on the Internet, providing access to system of subsidizing;

3) the investment project in the AIC (further - investment the project) - the complex of actions providing investments into creation new or expansion of the operating production capacities;

4) the investor in the AIC (further - the investor) - the subject of the AIC according to the legislation of the Republic of Kazakhstan performing investment investments;

5) the special account - the account of financial institution in bank of the second level on which the amount of investment subsidies in accordance with the terms of Chapter 6 of these rules is credited;

6) the free budget - the budgetary funds provided for the corresponding year by the budget of local executive bodies of areas, cities of republican value and the capital free from obligations at the time of application of the investor;

7) the administrator of the budget program (further - the administrator) - the Ministry of Agriculture of the Republic of Kazakhstan;

8) personal account - set of the records containing in the register, allowing to identify the registered person for the purpose of registration of requests for subsidizing and accounting of transactions on them;

9) the passport of the project - the list and share of compensation of investment investments in the form of installation and construction works, the equipment, the equipment and other fixed assets, works and services which are subject to investment subsidizing specified in appendices 1 and 2 to these rules;

10) expansion of the operating production capacities - the actions providing equipment of the operating production capacities the missing or necessary equipment (equipment) or the increase in production capacities and other actions directed to growth in volumes of production and (or) reduction of cost of the made products and (or) improvement of quality of the made products, change of its packaging and (or) expansion of the range, and also other actions which purpose is occupation of new commodity niche in the market, expansion of the markets and another;

11) investment investments - the costs directed to creation new and (or) expansion of the operating production capacities, for acquisition of new, earlier unused machinery and equipment, specified in passports of projects;

12) investment subsidizing - compensation of part of the expenses incurred by the subject of the AIC in case of investment investments;

13) working body for questions of investment subsidizing (further - working body) - the local executive body of areas, cities of republican value and the capital in the field of agricultural industry authorized for consideration of requests of investors and decision making about payment/refusal in providing investment subsidies;

14) the agreement of investment subsidizing - the agreement signed between working body and the investor, providing procedure and conditions of money transfer of investment subsidies, the course of monitoring, responsibility of the parties and other conditions;

15) the service provider - person providing access to information system of subsidizing and its maintenance determined by working body according to the legislation on public procurements;

16) financial institutions - the banks of the second level, the microfinancial organizations, credit institutions having the corresponding license for the right of banking operations, leasing companies, credit partnerships;

17) industrial complex - set of the interconnected production capacities (buildings, constructions, the mounted equipment, engineering networks and another) directed to production, conversion, storage, packaging of agricultural products;

18) the request - the electronic/paper request for receipt of investment subsidies by investors in case of investment investments, in form, according to appendices 3, 4, 5 to these rules;

19) information system of subsidizing - the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of subsidizing giving opportunity of registration of the request for receipt of subsidies and also its processings by means of automatic verification of the request for compliance to subsidizing conditions;

20) the electronic register of requests for subsidizing (further - the register) - set of data on requests for subsidizing of agro-industrial complex, and also about borrowers, financial institutions, and other data reflected in information system of subsidizing;

21) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. Subsidizing of costs for installation and construction works is performed according to the investment projects providing achievement of indicators on performance and/or productivity and/or sales volumes of products and (or) utilization of capacity according to the business plan of the project.

4. Annually till February 1 of the corresponding year the working body creates and registers group of the specialists (further - group of specialists) from number of persons employed of working body and other organizations who are representatives of the public and non-governmental industry organizations in information system of subsidizing.

The group of specialists in all passports of projects, except for passports of the project No. 1, performs verification of documents, survey of object of the investor, the acquired equipment also checks achievement of load of production capacities for compliance to the conditions provided in passports of projects, according to Item 17 of these rules makes calculation of investment subsidies.

At least 2 (two) specialists who will be determined by working body go to each object.

Survey is performed in the presence of the investor or his authorized representative and his result is drawn up by the inspection report of object of the investor and the certificate in achievement of load of production capacities in form, according to appendix 6 to these rules (further - the inspection report of object).

If the investment project supposes only acquisition of the equipment, then survey of object of the investor by group of specialists is not required.

5. Subsidizing on compensation of part of the expenses incurred by the subject of the AIC in case of investment investments, is performed for the account and within the means provided in the government budget for the corresponding financial year.

6. Investment subsidizing is performed according to the recommended scheme of specialization of regions in optimum use of agricultural holdings for production of specific types of the agricultural products provided by the subitem 2) of Item 1 of article 6 of the Law.

7. Requests according to which the amount of investment subsidies constitutes 500 (five hundred) million tenges and more will be approved with the administrator.

8. Investment subsidizing is combined with other measures of the state support, except for the measures providing cost recovery in case of investment investments.

9. Investment subsidies are not provided to investors concerning whom liquidation procedures, rehabilitations or bankruptcies, and also activities which it is suspended according to the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy", the rehabilitation procedure except as specified accelerated are begun.

Chapter 2. Main conditions of investment subsidizing

10. Investment subsidizing is performed according to passports of the projects specified in appendix 2 to these rules and made in the place of implementation of the investment project.

11. Investment subsidies are provided according to the investment projects put into operation not earlier than two years about year of submission of the electronic/paper request. The equipment and (or) the equipment are subject to subsidizing:

1) acquired not earlier than 24 (twenty four) months before date of input of the investment project in operation;

2) year of release not earlier than 36 (thirty six) months before date of input of the investment project in operation.

12. If according to passports of the project acquisition only of the equipment and/or the equipment is supposed, then the equipment and (or) the equipment, year of release not earlier than three years acquired not earlier than two years about year of application are subject to subsidizing.

13. For passports of projects No. 5, No. 6, No. 9 availability at the investor of the corresponding number of uterine livestock of farm animals (on cattle over 15 months, on small cattle over 12 months), proves to be true as a result of information exchange of information system of subsidizing and the database on identification of farm animals.

In case of application from agricultural cooperative the cumulative number of uterine livestock of the farm animals registered at members of agricultural cooperative is considered.

Coefficients of transfer of livestock of farm animals in the conditional head of cattle which are specified in passports of projects are performed according to appendix 7 to these rules.

14. Investment subsidizing is performed in case of request compliance to the passports of projects specified in appendix 2 to these rules, and also requirements of these rules.

15. Confirmation of goods purchased, works and services as electronic invoices is performed by means of information system of electronic invoices. The expenses performed till January 1, 2020 are confirmed by paper invoices. The expenses incurred in case of acquisition of the equipment of the equipment outside the Republic of Kazakhstan are confirmed by the cargo customs declaration certified by body of state revenues of the Republic of Kazakhstan and invoice.

In case of acquisition by agricultural producer (agricultural cooperative) of the equipment and/or equipment directly at the foreign producer who is not using information system of electronic invoices, purchase costs are confirmed by data from the customs declaration on goods (from the countries which are not entering into the Eurasian Economic Union) or the data of the document issued by body of state revenues of the Republic of Kazakhstan confirmatory that the goods are imported from the countries of the Eurasian Economic Union.

16. Investment subsidies are paid after commissioning new and/or expansions of the operating production capacities and/or acquisitions of the machinery and equipment, except as specified, of stipulated in Item 39 these rules. In case of implementation of the investment project, by introduction of queue or start-up complex, subsidizing of queue or start-up complex is performed.

17. Calculation of investment subsidies is perfromed on actually enclosed investments. The percent of cost recovery is established according to the share of compensation provided in passports of projects. Compensation share is not subject to change, except as specified, the these rules specified in Item 18.

According to passports of projects No. 11, No. 12, No. 25, No. 32, No. 33, No. 34, No. 35, No. 36, No. 37, No. 38, to No. 39, during creation of new production capacities, investment subsidies are paid by two tranches:

1) the first tranche in the amount of 50% of the total amount of investment subsidies after commissioning of the facility;

2) the second tranche in the amount of 50% of the total amount of investment subsidies after achievement of volumes of production at least 30% in the terms provided by the business plan.

In case of achievement by the investment project at the time of application of the volumes of production of 30% and more, investment subsidies are paid by one tranche.

18. Increase in share of compensation is possible to 35% at the expense of in addition allocated subsidies from the local budget according to the following passports of projects:

No. 1 "Acquisition of agricultural machinery" - by the priority types of the equipment and the equipment provided in development programs of the territories of areas with indication of reasons;

No. 7 "Creation and expansion of objects for fattening of cattle" - according to the investment projects applying new technologies and/or elements of digitalization;

No. 10 "Creation and expansion of objects for cultivation of cattle of the milk direction capacity from 400 heads of uterine livestock" - according to the investment projects applying new technologies and/or elements of digitalization.

19. The size of investment subsidy is determined by the following formula:

And = B x In, where:

And - the amount of investment subsidies;

B - the amount of actually enclosed investments or the most allowable cost for calculation of subsidies specified in passports of projects (if actually enclosed investments exceed the maximum allowable cost for calculation of subsidies);

In - the share of compensation of investment investments in percentage expression specified in passports of projects.

According to the passports of projects providing subsidizing per unit of measurement, the size of subsidies will be determined by the following formula:

And = (B x In) x, where:

And - the amount of investment subsidies;

B - the amount of actually enclosed investments or the most allowable cost for calculation of subsidies specified in passports of projects (if actually enclosed investments exceed the maximum allowable cost for calculation of subsidies);

In - the share of compensation of investment investments in percentage expression specified in passports of projects;

- the unit of measure specified in passports of projects.

20. Order taking is performed in the place of implementation of the investment project from February 1 to December 15 (inclusive) the corresponding year, in the presence of funds for investment subsidizing, free from obligations, in the corresponding year (further - the Free budget).

Till July 1 of the corresponding year of 60 (sixty) % of the Free budget it is used on subsidizing of passports of projects No. 1, No. 2, No. 3, No. 4, No. 5, No. 6, No. 7, No. 8, No. 9, No. 10, No. 11, No. 12, No. 13, No. 14, No. 15, No. 16, No. 17, No. 18, No. 19, No. 20, No. 21, No. 22.

If on July 1 the corresponding year the reserved limit is not mastered, order taking continues without application of the specified limit.

21. According to investment projects which are not put into operation the investor at discretion can submit the application to two stages. At the first stage the working body makes the decision on compliance/discrepancy of the investor to conditions of these rules. At the second stage the working body makes the decision on payment/refusal in payment of investment subsidies.

22. Requests according to the investment projects which are already put into operation and also on actually acquired machinery and equipment, are considered without application of two-stage procedures.

23. In case of use by the investor of own means the amount of investment subsidies is transferred by working body into the settlement account of the investor.

In case of acquisition of the equipment, equipment and other objects in credit/leasing investment subsidies in coordination with the investor are listed in financial institution on account of repayment of principal debt of the investor or on the settlement account of the investor.

Chapter 3. Procedure for acceptance and consideration of requests for investment subsidizing in electronic form

24. Application for investment subsidizing is performed in electronic form by means of the web portal of "the electronic government" and is registered in information system of subsidizing.

Information exchange of the web portal of "the electronic government" and information system of subsidizing is performed according to the legislation of the Republic of Kazakhstan in the field of informatization.

Availability at the investor of personal account in information system of subsidizing proves to be true as a result of information exchange of information system of subsidizing with the state databases "Legal Entities" or "Physical persons".

25. For receipt of the decision of working body for the first stage the investor submits the electronic application of the first stage for investment subsidizing by means of the web portal of "the electronic government" in form, according to appendix 3 to these rules, the signed EDS of the investor, with attachment to it the necessary documents specified in the request in the PDF (Portable Document Format) format (the scanned copy of the investor of paper option signed and assured by seal (in the presence)).

At the same time, the working body makes the decision on compliance/discrepancy of the investment project to conditions of these rules within 2 (two) working days from the date of registration of the request.

26. At the second stage (after completion of works) the investor submits the application of the second stage for investment subsidizing in form, according to appendix 4 to these rules, with attachment of the following to it supporting, title and/or registration documents in the electronic format "PDF (Portable Document Format)" (the scanned copy of the investor of paper option signed and assured by seal (in the presence)):

1) copies of the acceptance act of subject of the investment project in operation (during creation of new production capacities or expansion of operating) or the act of commissioning of start-up complex or queue of the investment project (in the cases specified in Item 16 of Rules) in the form approved by the order of the Minister of investments and development of the Republic of Kazakhstan of April 24, 2017 No. 234 "About approval of form of the acceptance act of object in operation" (further - form of the acceptance act of object in operation) (it is registered in the Register of the state registration of regulatory legal acts No. 15141) according to Item 2 of article 73 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan";

2) copies of the act of input of the equipment in operation between the buyer and the supplier (in case of acquisition of the equipment);

3) copies of purchase and sale agreements, electronic and/or paper invoices on goods purchased, works, services, confirmatory investment investments on creation new or expansion of the operating production capacities, documents confirming payment;

4) copies of the design estimates having positive experimental testimony of projects according to Article 60 and Chapter 9-1 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (according to passports of projects according to which subsidizing according to the design estimates is provided);

5) copies of delivery-acceptance certificates of the agricultural, special machinery and processing equipment;

6) the copies of credit/leasing agreements certified by financial institution in case of implementation of investment investments at the expense of the raised funds of financial institutions;

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