ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2018 No. 936

About some questions of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan and modification and amendments in some decisions of the Government of the Republic of Kazakhstan

For the purpose of increase in system effectiveness of public administration the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Regulations on the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the Provision);

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. Rename:

1) republican public institution "Committee on investments of the Ministry for Investments and Development of the Republic of Kazakhstan" into republican public institution "Committee on investments of the Ministry of Foreign Affairs of the Republic of Kazakhstan.";

2) republican public institutions according to appendix 1 to this resolution;

3) republican legal entities according to appendix 2 to this resolution.

3. To transfer to committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) to the Ministry of the industry and infrastructure development of the Republic of Kazakhstan and its departments of right of possession and uses of the state blocks of shares and shares of the organizations according to appendix 3 to this resolution;

2) to the Ministry of Foreign Affairs of the Republic of Kazakhstan of right of possession and uses of the state blocks of shares of joint-stock company "KAZAKH INVEST national company.

4. To the ministry of the industry and infrastructure development of the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan to take other measures following from this resolution.

5. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 4 to this resolution.

6. This resolution becomes effective from the date of its signing, except for the subitem 250) of Provision Item 15 which is effective till January 1, 2026 according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

 

Approved by the Order of the Government of the Republic of Kazakhstan of December 29, 2018 No. 936

Regulations on the Ministry of the industry and infrastructure development of the Republic of Kazakhstan

Chapter 1. General provisions

1. The ministry of the industry and infrastructure development of the Republic of Kazakhstan (further – the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres of the industry and industrial development; industries; mining and metallurgical complex; developments of intra country value; mechanical engineering; coal, chemical, easy (except conversion of skins and hair of farm animals), the woodworking and furniture industry; construction industry and production of construction materials; safety of machines and equipment; safety of chemical products according to industry orientation; control of specific goods; energy saving and increase in energy efficiency; regulations of production of precious metals and turnover of precious metals and gemstones; the primary goods containing precious metals; jewelry and other products; creations, functioning and abolition of special economic zones; public administration by subsurface use regarding solid minerals, except for uranium production; state geological studying of subsoil, reproduction of mineral resources; in spheres railway, automobile, inland water transport; merchant shipping; in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation; natural monopolies in the field of services of air navigation and the airports; the socially significant markets in the field of services of the airports; highways; architectural, town-planning and construction activities; housing relations; municipal services; state regulation in the field of water supply and water disposal, heat supply (except the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply) within settlements; equity in housing construction; defense industry; participations in carrying out single military and technical policy; implementation of military and technical cooperation; in the field of forming, placement and accomplishment of the state defensive order.

2. The ministry has departments:

1) Committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

2) Committee of highways of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

3) Committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

4) Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

5) Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

6) Committee of the state defensive order of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

7) Committee of geology of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in state language, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the legislation of the Republic of Kazakhstan.

9. Ministry location: Republic of Kazakhstan, 010000, city of Astana, area Esil, Prospekt Kabangbai of the batyr, 32/1, building "Transport Tower".

10. This Provision is the constituent document of the Ministry.

11. Financing of activities of the Ministry is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Ministry

13. Tasks:

1) participation in forming and realization of state policy in spheres of the industry; developments of intra country value; mining and metallurgical complex; mechanical engineering; coal, chemical, easy (except conversion of skins and hair of farm animals), the woodworking and furniture industry; construction industry and production of construction materials; safety of machines and equipment; safety of chemical products according to industry orientation; control of specific goods; energy saving and increase in energy efficiency; productions of precious metals and turnover of precious metals and gemstones; the primary goods containing precious metals; jewelry and other products; creations, functioning and abolition of special economic zones; public administration by subsurface use regarding solid minerals, except for uranium production; state geological studying of subsoil, reproduction of mineral resources; in spheres railway, automobile, inland water transport, merchant shipping; in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation; highways; architectural, town-planning and construction activities; housing relations; municipal services; water supply and water disposal, heat supply (except the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply) within settlements; equity in housing construction; defense industry;

2) implementation of cross-industry coordination of state bodies in the field of activity carried to competence of the Ministry;

3) safety of transport and processes of its lifecycle for life and health of the person and the environment;

4) forming and carrying out investment, scientific and technical and social policy in the field of transport;

5) development of forecasts of needs of the state and the population in transportations;

6) protection of interests of the Republic of Kazakhstan in the field of transport;

7) creation of conditions for ensuring requirements of economy and the population of the republic in transportations, including socially important passenger traffic, and the related services;

8) use of new technologies, including information and communication technologies, the means facilitating mobility of devices and technologies, adapted for persons with disability when implementing passenger traffic;

9) training of the transport workers performing passenger traffic, to skills of communication and provision of services to persons with disability including to sign language;

10) control and supervision of observance of the rights of consumers of transport services;

11) coordination of work and implementation of function of state regulation of activities of transport complex of the Republic of Kazakhstan;

12) implementation of the state control in regulated spheres;

13) public administration in regulated spheres;

14) observance of gender balance in case of acceptance for work and promotion of employees;

15) creation of effective system of defense industry complex;

16) providing Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan with modern goods with military (products), goods (products) of dual purpose (application), military works and military services;

17) use of scientific and technological and potential production of the organizations of defense industry complex in civil industries of the industry;

18) ensuring creation of modern types of arms, the military and special equipment for the benefit of increase and strengthening of defense capability, safety and law and order in the state;

19) support and further development of the export potential of the organizations of defense industry complex;

20) development of applied researches and developmental works and their further commercialization;

21) participation in carrying out single military and technical policy and implementation of military and technical cooperation;

22) management in the field of forming, placement and accomplishment of the state defensive order;

22-1) enhancement of the legislation in the field of geology and reproduction of mineral resources;

22-2) implementation of the state control of transactions on geological studying of subsoil, and also use of space of subsoil;

23) implementation of other tasks assigned to the Ministry within the competence.

14. Powers:

1) rights:

adopts legal acts, obligatory for execution, within the competence;

requests and receives in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

creates advisory and consultative and commissions of experts within the competence;

requests and receives from state bodies, officials of other organizations and physical persons information necessary for implementation of the functions assigned to the Ministry, with observance established by legal acts of the Republic of Kazakhstan of requirements to disclosure of the data which are the commercial and protected by the law other secret;

brings within the competence in state bodies of the offer on cancellation or change of the acts adopted by them violating the law of the Republic of Kazakhstan;

concludes memorandums (agreements) with heads of the central and local executive bodies directed to achievement of resulting effects of activities in the regulated sphere;

brings to the President and in the Government of the Republic of Kazakhstan suggestions for improvement of activities in the spheres regulated by the Ministry;

performs other powers provided by legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan;

2) obligations:

adopts legal acts, obligatory for execution, within the competence;

makes explanations and comments on application of the current legislation on the questions entering competence of the Ministry;

encourages workers, imposes authority punishments, brings workers to financial responsibility in the cases and procedure provided by the Labor code and the legislation on public service;

performs other obligations provided by legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

15. Functions:

1) forming and realization of state policy in regulated spheres;

2) realization of state policy in the field of the state control and supervision in regulated industries (spheres) in which the state control and supervision are exercised;

3) taking measures to development of the competition in case of realization of state policy in the corresponding industries of economy and to non-execution of the actions (failure to act) which are negatively influencing the competition;

4) development, coordination with authorized body in the sphere of permissions and notifications and approval of regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them, except for qualification requirements, and the list of documents to the licensed types of activity in the sphere of gaming;

5) implementation of international cooperation in regulated spheres;

6) development and approval together with authorized body on entrepreneurship of the acts concerning criteria for evaluation of risk degree for selection of subjects (objects) of control and supervision, checking sheets, for carrying out preventive control and supervision with visit of subject (object) of control and supervision;

7) implementation of the organization of the state control and supervision according to the laws of the Republic of Kazakhstan;

8) implementation of monitoring of efficiency of the state control and supervision;

9) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

10) implementation of counteraction to terrorism within the competence established by the legislation of the Republic of Kazakhstan;

11) development, coordination and approval within the competence of regulatory legal acts of regulated spheres;

12) development and approval of rules of marking and traceability of goods within competence;

13) holding preliminary procedure of the analysis of regulatory impact according to the procedure, determined by authorized body by entrepreneurship;

14) submission to authorized body on entrepreneurship of status reports of regulation of business activity in separate industry or the sphere of public administration in which it is entered or is planned to introduction the regulatory tool;

15) implementation of cross-industry coordination in regulated spheres;

16) presentation in courts of claims according to the legislation of the Republic of Kazakhstan;

17) accreditation of associations of subjects of private entrepreneurship and other non-profit organizations;

18) development and statement of structure of advisory council concerning private entrepreneurship according to the Entrepreneurial code of the Republic of Kazakhstan;

19) formation of Public council;

20) consideration of recommendations of Public council;

21) coordination of participation of members of Public council in work of other working bodies of the Ministry;

22) determination of staff of representation from the Ministry as a part of the working group on forming of Public council;

23) development and statement of structure of the working group on forming of Public council;

24) development and statement of structure of Public council;

25) implementation of organizational support of activities of Public council;

26) the direction of the project of the regulatory legal act concerning the rights, freedoms and obligations of citizens in Public council;

27) coordination of terms of carrying out public hearings by Public council;

28) submission of the report to Public council about results of work of the Ministry;

28-1) consideration of appeals of physical persons and legal entities within the competence according to the procedure and the terms established by the legislation of the Republic of Kazakhstan and also carrying out the analysis and identification of the system problems lifted by applicants;

29) development and approval of the subordinate regulatory legal acts determining procedure for rendering the state services;

30) interaction with the international financial and economic organizations, and also integration associations for the competence;

31) the conclusion of international treaties of the Republic of Kazakhstan with foreign states and (or) the international organizations;

32) determination of need for personnel in regulated spheres;

33) implementation according to the decision of the Government of the Republic of Kazakhstan of right of possession and uses of the state block of shares (shares in the authorized capital), and also functions of authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies and public institutions;

34) interaction with industry state bodies of the Republic of Kazakhstan concerning industrial policy and coordination of their work;

35) annual submission to the Government of the Republic of Kazakhstan of information on efficiency of measures of the state stimulation of the industry;

36) forming of the National report on condition of the industry of the Republic of Kazakhstan;

37) cross-industry coordination and participation in realization of the state stimulation of the industry;

38) implementation of assessment of industrial development;

39) development of regulations on the interdepartmental commission on industrial policy and introduction to the Prime Minister of the Republic of Kazakhstan of offers on forming of its structure;

40) development and approval of the single card of industrialization;

41) development of rules of inclusion of industrial and innovative projects in the single card of industrialization;

42) development and approval of technique of monitoring of industrial and innovative drafts of the single map of industrialization;

43) implementation together with the state bodies responsible for implementation of industrial and innovative projects, local executive bodies of areas, cities of republican value and the capital of general coordination according to the single card of industrialization;

44) development and approval of rules of rendering the measures of the state stimulation of the industry directed to promotion of the domestic processed goods, works and services on the domestic market;

45) development of the list of national institutes of development and other legal entities, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state, authorized on implementation of measures of the state stimulation of the industry;

46) development and approval of rules of forming and maintaining register of territorial clusters;

47) development and approval of rules of provision of measures of the state stimulation of the industry in development of territorial clusters;

48) development and approval of rules of provision of industrial grants;

49) development and approval of rules of the conclusion and agreement cancelation about increase in competitiveness;

50) development and approval of technique of efficiency evaluation of implementation of measures of the state stimulation of the industry;

51) development and approval of the forms intended for collection of administrative data in the field of the industry;

52) development and approval of rules by determination and application of counter obligations when rendering measures of the state stimulation of the industry;

53) development and approval of the list of priority goods;

54) development and approval of technique of assessment of level of repartition of goods for inclusion in the list of priority goods;

55) development and approval of rules on providing processing industry with domestic raw materials of the companies;

56) monitoring of execution of agreements on providing processing industry with domestic raw materials of the companies;

57) development of rules of maintaining and use of national information system of the industry of the Republic of Kazakhstan;

58) development of the list of the functional and information services entering national information system of the industry of the Republic of Kazakhstan;

59) development and approval of technique of assessment of industrial development;

60) development of the list of the organizations, purchases of goods which works and services are subject to monitoring of intra country value;

61) development and approval of rules of development of the National report on condition of the industry of the Republic of Kazakhstan;

62) development and approval of order of interaction with the Eurasian economic commission on questions of forming and maintaining the Eurasian register of manufactured goods taking into account the legislation of the Republic of Kazakhstan;

63) development and approval of rules of planning and the conclusion of the agreements aimed at the industry development and also monitoring of their execution;

64) development and approval of rules of competitive selection of territorial clusters;

65) development and approval of rules of provision of the measures of the state stimulation of the industry directed to performance improvement of work of subjects of industrial and innovative activities;

66) coordination of realization of policy on digital transformation of the industry and to implementation of the Industry by 4.0 subjects of activities in the sphere of the industry;

67) coordination of activities of other state bodies and organizations for development of base of research and development works, personnel potential in the industry;

68) participation in forming and realization of industrial policy;

69) realization of state policy in the field of regulation of production of precious metals, turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products;

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