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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

(as amended on 24-10-2019)

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 subitems 578-1), 578-2), 582), 590), 591), 592), 597), 600), 601) and 612) of function of central office and subitems 333), 334), 335), 337), 338), 339), 340), 341), 342), 345), 346), 348), 349), 350), 353), 353), 354), 356), 357), 359), 360), 361), 362), 363), 364), 365), 367), 368), 369), 373), 374), 375), 376), 377), 378), 379), 380), 381), 382), 383), 384), 385), 386), 387), 388), 389), 390), 394), 395), 396), 397), 398), 399), 400), 401), 402), 403), 404), 405), 406), 407), 408), 409), 436), 437), 438), 439), 440), 441), 442-1) and 442-2) functions of departments of Item 16 of the Provision, which become effective since August 1, 2019 according to the Law of the Republic of Kazakhstan of April 19, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning transport".

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

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

1. General provisions

1. The ministry of the industry and infrastructure development of the Republic of Kazakhstan is the state body of the Republic of Kazakhstan performing management in spheres of the industry and industrial development, mining and metallurgical complex, development of local content, mechanical engineering, the coal, chemical, pharmaceutical and medical industry, light, woodworking and furniture industry, the construction industry and production of construction materials, safety of machines and the equipment and safety of chemical products according to industry orientation; export control; industrial safety; 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; 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 and in the socially significant markets in the field of services of the airports, highways; architectural, town-planning and construction activities, the housing relations, municipal services and the address with municipal waste (except for municipal solid waste), 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, participation in carrying out single military and technical policy, implementation of military and technical cooperation, management in the field of forming, placement and accomplishment of the state defensive order (further - regulated spheres).

2. The ministry of the industry and infrastructure development of the Republic of Kazakhstan has departments:

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

2) No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

3) No. 479 is excluded according to the Order of the Government of the Republic of Kazakhstan of 05.07.2019;

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

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

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

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

8) Committee of the state defensive order of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. The ministry of the industry and infrastructure development of the Republic of Kazakhstan 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 of the industry and infrastructure development of the Republic of Kazakhstan is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

5. The ministry of the industry and infrastructure development of the Republic of Kazakhstan enters the civil relations from own name.

6. The ministry of the industry and infrastructure development of the Republic of Kazakhstan 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.

7. The ministry of the industry and infrastructure development of the Republic of Kazakhstan concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry.

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

9. Location of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan: Republic of Kazakhstan, 010000, Nour-Sultan's city, area Esil, Prospekt Kabangbai of the batyr, 32/1, building "Transport Tower".

10. Full name of the Ministry - public institution "Ministry of the industry and infrastructure development of the Republic of Kazakhstan".

11. This Provision is the constituent document of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

12. Financing of activities of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan is performed from the republican budget.

13. The ministry of the industry and infrastructure development of the Republic of Kazakhstan is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Ministry.

If the Ministry of the industry and infrastructure development of the Republic of Kazakhstan by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.

2. Mission, main objectives, functions, rights and obligations of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan

14. Mission of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan:

forming of state policy in spheres of the state support of industrial activities, development of local content in the sphere of industrial activities, in the field of industrial safety, the coal industry, regulation of production of precious metals and turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products; scientific and technical development of the country in spheres railway, automobile, inland water transport, merchant shipping, in the fields of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation, highways, for the purpose of development of the transport and communication complex satisfying requirements of economy and society; architectural, town-planning and construction activities, the housing relations, municipal services and the address with municipal waste (except for municipal solid waste), 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, export control, support and development of defensive and industrial potential.

15. Tasks:

1) participation in forming and realization of state policy in the sphere of the state support of industrial and innovative activities, development of local content in the sphere of industrial activities, mining and metallurgical complex, mechanical engineering, the coal, chemical, pharmaceutical and medical, light, woodworking and furniture industry, the construction industry and production of construction materials, safety of machines and the equipment and safety of chemical products according to industry orientation; export control; industrial safety; energy saving and increase in energy efficiency; state regulation of entrepreneurship, state support of private entrepreneurship; 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; 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, the housing relations, municipal services and the address with municipal waste (except for municipal solid waste), 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) planning, monitoring, stimulation, development of industrial and innovative system;

4) implementation of coordination of processes of diversification and the forced industrial and innovative development of economy;

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

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

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

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

9) 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;

10) use of new technologies, including information and communication technologies, the means facilitating mobility of devices and technologies, adapted for disabled people when implementing passenger traffic;

11) training of the transport workers performing passenger traffic, to skills of communication and provision of services to disabled people including training in sign language;

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

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

14) the prevention of harmful effects of the dangerous production factors arising in case of accidents, incidents on hazardous production facilities;

15) implementation of the state control in regulated spheres;

16) public administration in regulated spheres;

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

17-1) creation of effective system of defense industry complex;

17-2) providing Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan modern goods military (products), goods (products) of dual purpose (application), military works and military services;

17-3) use of scientific and technological and potential production of the organizations of defense industry complex in civil industries of the industry;

17-4) 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;

17-5) supports and further development of the export potential of the organizations of defense industry complex;

17-6) development of applied researches and developmental works and their further commercialization;

17-7) participations in carrying out single military and technical policy and implementation of military and technical cooperation;

17-8) management in the field of forming, placement and accomplishment of the state defensive order;

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

16. Functions:

functions of central office:

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 not to making 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) carrying out the analysis of regulatory impact concerning the drafted draft documents, stipulated in Item 3 articles 82 of the Entrepreneurial code of the Republic of Kazakhstan, according to the procedure, determined by authorized body by entrepreneurship;

13) 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;

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

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

16) implementation of accreditation of associations of the subjects of private entrepreneurship applying for participation in conducting examination of projects of regulatory legal acts, concepts of drafts of the laws, drafts of international treaties of the Republic of Kazakhstan, and also international treaties which participant the Republic of Kazakhstan, the subjects of private entrepreneurship infringing on interests intends to become;

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

18) formation of Public council;

19) consideration of recommendations of Public council;

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

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

22) statement of structure of the working group on forming of Public council;

23) statement of structure of Public council and regulations on it;

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

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

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

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

28) approval of standards and regulations of the state services;

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

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

31) determination of need for personnel in regulated spheres;

32) 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;

33) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

34) development of regulations on Coordination council on the development forced industrial innovatively under the Government of the Republic of Kazakhstan and entering into the Government of the Republic of Kazakhstan of offers on forming of its structure;

35) annual submission to the Government of the Republic of Kazakhstan of information on efficiency of measures of the state support of industrial and innovative activities;

36) implementation of monitoring and cross-industry coordination of state bodies in the sphere of industrial and innovative development and participation in realization of the state support of industrial and innovative activities;

37) determination of the operators performing the state support of industrial and innovative activities;

38) implementation of planning, monitoring, stimulation, development of industrial and innovative system;

39) development of the card of industrialization;

40) development of procedure for inclusion of projects in the card of industrialization and card of support of entrepreneurship of regions;

41) approval of procedure for competitive selection of territorial clusters;

42) approval of rules of provision of the state support to subjects of the industrial and innovative activities directed to performance improvement of work and development of territorial clusters;

43) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

44) participation in forming and realization of state policy in the sphere of the state support of industrial and innovative activities;

45) 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;

46) approval of rules of conducting examination of gemstones, jewelry and other products from precious metals and gemstones;

47) approval of regulating documents on the primary goods containing precious metals;

48) confirmation of regulations of exit of products of conversion from the precious metals and primary goods containing precious metals, reflected in the submitted documents in case of their import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan for conversion;

49) approval of rules of determination of threshold values of content of harmful impurity and precious metals in the primary goods containing precious metals;

50) establishment of threshold values of content of harmful impurity and precious metals in the primary goods containing precious metals for each subject of the production of precious metals consisting in the list of subjects of production of precious metals taking into account their individual technological capabilities by types of primary goods;

51) approval of rules of forming of the list of subjects of production of precious metals;

52) determination of procedure for receipt of refusal of subjects of production of the precious metals consisting in the list of subjects of production of precious metals from conversion and (or) refining of the precious metals and primary goods containing precious metals, or confirmations of authorized body about availability of such refusal;

53) approval of the list of subjects of production of precious metals;

54) determination of form and procedure for execution of the act of selection of representative tests from the exported primary goods containing precious metals;

55) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

56) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

57) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

58) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

59) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

60) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

61) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

62) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

63) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

64) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

65) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

66) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

67) No. 501 is excluded according to the Order of the Government of the Republic of Kazakhstan of 12.07.2019;

68) the conclusion with national managing directors of holdings, national holdings, the national companies and legal entities of the technological memorandums determining the list of the purchased goods, works and services affiliated with them;

69) approval of procedure for forming and maintaining database of goods, works, services and their suppliers;

70) approval of rules of compensation of part of costs of subjects of industrial and innovative activities for promotion of the domestic processed goods, works, services in the domestic market;

71) forming on the basis of the data on the needs for the corresponding specialists of offers on determination of the list of specialties represented by subjects of industrial and innovative activities according to which training of specialists for priority sectors of economy is required;

72) provision with involvement of national institute of development in the field of development of local content of service support and compensation of part of costs of subjects of industrial and innovative activities for promotion of the domestic processed goods, works and services in the domestic market;

73) allocation on the basis of the agreement signed with national institute of development in the field of development of local content, funds for cost recovery of subjects of industrial and innovative activities for promotion of the domestic processed goods, works and services on the domestic market;

74)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

75) provision with involvement of national institute of development in the field of development of the industry of measures of the state support to subjects of industrial and innovative activities in performance improvement of work and development of territorial clusters;

76) development and approval of rules of conducting examination according to local content;

77) development of the single card of priority goods and services;

78) approval of the list of the domestic processed goods on which costs on their promotion are partially compensated;

79) approval of rules of compensation of part of costs of subjects of industrial and innovative activities for promotion of the domestic processed goods;

80) development, approval or coordination of regulatory legal acts in the field of safety of machines and the equipment, except for approvals of the technical regulation;

81)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

82)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

83)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

84)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

85)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

86)  No. 497 is excluded according to the Order of the Government of the Republic of Kazakhstan of 10.07.2019;

87) ensuring realization and execution of state programs within competence;

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