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

of February 7, 2019 No. 67

About approval of Provisions of Republican public institution "Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan" and its territorial subdivisions

According to the 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" PRIKAZYVAYU:

1. Approve enclosed:

1) the Provision of Republican public institution "Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan" according to appendix 1 to this order;

2) the Provision of Republican public institution "The department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Nour's city is Sultan" according to appendix 2 to this order;

3) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the city of Almaty" according to appendix 3 to this order;

4) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Almaty region" according to appendix 4 to this order;

5) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Akmola area" according to appendix 5 to this order;

6) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the Aktyubinsk region" according to appendix 6 to this order;

7) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Atyrau area" according to appendix 7 to this order;

8) Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the East Kazakhstan region" according to appendix 8 to this order;

9) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Jambyl area" according to appendix 9 to this order;

10) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the West Kazakhstan region" according to appendix 10 to this order;

11) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the Karaganda region" according to appendix 11 to this order;

12) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the Kostanay region" according to appendix 12 to this order;

13) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Kyzylorda area" according to appendix 13 to this order;

14) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in Mangystau Region" according to appendix 14 to this order;

15) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the Pavlodar region" according to appendix 15 to this order;

16) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the North Kazakhstan area" according to appendix 16 to this order;

17) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the Turkestan region" according to appendix 17 to this order;

18) the Provision of Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the city of Shymkent" according to appendix 18 to this order.

2. Recognize invalid:

1) the order of the Minister of investments and development of the Republic of Kazakhstan of June 15, 2017 No. 351 "About approval of the Regulations on public institution of "Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan" (it is published on June 20, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

2) the order of the Minister of investments and development of the Republic of Kazakhstan of December 5, 2017 No. 840 "About introduction of amendments to the order of the acting minister on investments and development of the Republic of Kazakhstan of November 1, 2014 No. 118 "About approval of provisions of territorial subdivisions of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan" (it is published on December 11, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

3) the order of the Minister of investments and development of the Republic of Kazakhstan of August 15, 2018 No. 580 "About modification and amendments in the order of the acting minister on investments and development of the Republic of Kazakhstan of November 1, 2014 No. 118 "About approval of provisions of territorial subdivisions of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan".

3. 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) within ten calendar days from the date of approval of this order the direction it electronically 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;

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

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

5. This order becomes effective from the date of its signing.

Appendix 1

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of February 7, 2019 No. 67

Provision of Republican public institution "Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan"

Chapter 1. General provisions

1. The republican public institution "Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan" (further - Committee) is the department of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the Ministry) performing within the competence management in spheres of the industry and industrial and innovative activities: mining and metallurgical, coal, mechanical engineering, chemical, pharmaceutical, light, woodworking, furniture industry, production of construction materials; developments of local content; functioning and abolition of special economic zones; export control and licensing of separate types of activity; industrial safety; energy saving and increase in energy efficiency, (further - regulated spheres).

The committee has the organizations and territorial subdivisions according to appendix 1 to this provision.

2. The committee 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 of the Republic of Kazakhstan, and also this Provision.

3. The committee 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, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee 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.

6. The committee on questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and limit of the number of staff of Committee affirms the Responsible secretary of the Ministry in coordination with the Minister of the industry and infrastructure development of the Republic of Kazakhstan.

8. Committee location: The Republic of Kazakhstan, 010000, Nour's city is Sultan, the area Esil, Prospekt Kabangbai of the batyr, the house 32/1, the building "Transport the Tower".

9. Full name of Committee - Republican public institution "Committee of industrial development and industrial safety of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan".

10. This Provision is the constituent document of Committee.

11. Financing of activities of Committee is performed from the republican budget.

12. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee 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 government budget.

Chapter 2. Main objectives, functions, rights and obligations of Committee

13. Task: participation in forming and realization of state policy of industrial and innovative support on development of industries: mining and metallurgical, coal, mechanical engineering, chemical, pharmaceutical, light, woodworking, furniture industry, production of construction materials

Functions:

1) performs regulating, realizable and control and supervising functions and participates in accomplishment of strategic functions of the Ministry within competence of Committee;

2) approves regulatory legal acts within competence of Committee, and with direct competence on their approval of orders of the Minister, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

3) is performed by international cooperation within competence of Committee;

Develops 4), participates in development, approves and approves regulatory legal acts within the competence;

5) carrying out the analysis of regulatory impact concerning the developed projects of regulatory legal acts performs if necessary, 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;

6) is performed by placement on public Internet resources (official Internet resource of the Ministry, the Open for the NPA Internet portal) of result of the carried-out analysis of regulatory impact;

7) is provided by accomplishment of obligations and performs the rights of the Republic of Kazakhstan, following from international treaties, and also participates in observation of accomplishment by other participants of international treaties of their obligations, within competence of Committee;

8) renders the state services according to standards and regulations of the state services;

9) makes in courts claims according to the legislation of the Republic of Kazakhstan;

Develops 10) together with authorized body on entrepreneurship of form of checking sheets, criteria for evaluation of risk degree in regulated spheres according to the Entrepreneurial code of the Republic of Kazakhstan;

Considers 11), approves and provides measures of the state support to subjects of industrial and innovative activities;

12) develops the card of industrialization, and also procedure for inclusion of projects in the card of industrialization;

Performs 13) modification and amendments of the card of industrialization;

14) develops rules of 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;

15) develops 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;

16) participates in provision with involvement of national institute of development in the field of development of the industry of the state support to subjects of the industrial and innovative activities directed to work performance improvement;

17) realizes state policy in the field of regulation of production of precious metals, turnover of the precious metals and primary goods containing precious metals;

18) is performed by confirmation of regulation of exit of the 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;

19) is issued by the conclusion about economic inexpediency or impossibility of conversion of the primary goods containing precious metals in the territory of the Republic of Kazakhstan;

20) is issued by the act of the state control when importing to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union of precious metals (except for products from them), scrap and waste of precious metals which export is performed based on the license (without license);

21) is issued by the act of the state control and value assessment when exporting from the territory of the Republic of Kazakhstan to the countries which are not entering into the Eurasian Economic Union, precious metals (except for products from them), scrap and waste of precious metals which export is performed based on licenses (without license);

22) is issued by the conclusion about opportunity (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from primary goods in the Republic of Kazakhstan;

23) develops rules of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of the precious metals and primary goods containing precious metals;

24) develops regulating documents on the primary goods containing precious metals;

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

26) establishes 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 approved by authorized body taking into account their individual technological capabilities by types of primary goods;

27) develops rules of forming of the list of subjects of production of precious metals;

28) develops rules of recognition of productive activity (engineering procedure) of subjects of industrial and innovative activities by the activities (engineering procedure) connected (connected) with subsurface use;

29) develops rules and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan and its standard form;

30) performs preparation of the conclusion with legal entities - residents of the Republic of Kazakhstan of the Agreement on industrial assembly of motor vehicles of agricultural machinery on the approved form;

31) determines the fact of observance by the legal entity in case of production of models of motor vehicles of the requirements established according to paragraph one of the subitem 4) of Item 1 of the Decision of the Supreme Eurasian economic council of May 29, 2014 No. 72 "About conditions of application of the concept "industrial assembly of motor vehicles" in the territories of state members of the Eurasian Economic Union and the Common economic space" and project development of decisions on compliance of models of motor vehicles by such legal entity identified to requirements;

32) is performed by monitoring of activities of the authorized organizations, the organizations manufacturers included in the unified register of authorized bodies (organizations) of state members of the Eurasian Economic Union and the organizations - manufacturers of vehicles (the chassis of vehicles), the self-propelled machines and other types of the equipment performing execution of passports (electronic passports) of vehicles (the chassis of vehicles), self-propelled machines and other types of the equipment;

Creates 33) for representation on requests of interested persons of the data containing in national parts of the unified register of authorized bodies (organizations) of state members of the Eurasian Economic Union and the organizations - manufacturers of vehicles (the chassis of vehicles), the self-propelled machines and other types of the equipment performing execution of passports (electronic passports) of vehicles (the chassis of vehicles), self-propelled machines and other types of the equipment;

34) develops rules of production incentive in the Republic of Kazakhstan of environmentally friendly automotive vehicles (corresponding to ecological class 4 above; with electric motors) and their components together with authorized body in the field of environmental protection;

35) is realized by the Agreement on introduction of single forms of the passport of the vehicle (the passport of the vehicle chassis) and the passport of the self-propelled machine and other types of the equipment and the organization of systems of electronic passports regarding the organization of systems of electronic passports;

Creates 36) and conducts in national part of the unified register of authorized bodies (organizations) and organizations manufacturers of vehicles (chassis of vehicles), the self-propelled machines and other types of the equipment performing execution of passports of vehicles (passports of the chassis of vehicles) and passports of self-propelled machines and other types of the equipment including execution of electronic passports of vehicles (passports of the chassis of vehicles) and electronic passports of self-propelled machines and other types of the equipment;

37) registers chemical products in the territory of the Republic of Kazakhstan and keeps its account;

38) is developed by accounting treatment for separate types of chemical products;

39) performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Government and orders of the Minister of the industry and infrastructure development of the Republic of Kazakhstan.

14. Task: forming of state policy on development and increase in share of local content

Functions:

1) creates policy of development of local content in the sphere of industrial and innovative activities;

2) participates in development of measures and realization of state policy on increase in share of local content when purchasing the goods, works and services by the organizations and state bodies performed in the territory of the Republic of Kazakhstan;

3) performs coordination and methodological ensuring activities of state bodies concerning local content;

4) is performed by monitoring of the Kazakhstan content in purchases of goods, works and services of the organizations for the list approved by the Government of the Republic of Kazakhstan, and also in carrying out the analysis provided by the relevant organizations to information about the purchases of goods, works and services which are carried out, carried out and planned for the next year;

5) is performed by monitoring of the Kazakhstan content in purchases of national managing holding, national holdings, national companies, their subsidiary and affiliated companies, other legal entities with participation of the state;

6) develops rules of conducting examination according to local content;

7) is developed by procedure for forming and maintaining the database of goods, works and services of their suppliers;

8) develops single calculation procedure the organizations of local content when purchasing goods, works and services;

9) is provided by the code and the analysis of general information according to local content in purchases of subsoil users of goods, works and services;

10) develops rules of representation to authorized body of solid minerals annual (for one financial year) and medium-term (on five financial years) programs of purchase of goods, works and services, and also information on the planned purchase of paid services of the operator;

11) develops rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals;

12) is developed by procedure for synchronization of work of systems of electronic purchase concerning solid minerals with work of the register of the goods, works and services used when carrying out transactions on subsurface use and their producers;

13) participates in development of rules by determination of the country of goods' origin, issue of the certificate of origin and cancellation of its action;

14) performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Government and orders of the Minister of the industry and infrastructure development of the Republic of Kazakhstan.

15. Task: participation in forming and realization of state policy in the sphere of export control

Functions:

1) activities of state bodies of the Republic of Kazakhstan coordinate systems of export control;

2) develops measures and performs cooperation in the field of export control with foreign states and the international organizations;

3) develops rules of export licensing and import of products;

4) develops rules of execution of warranty obligations of importers (end users) and checks of their execution;

5) develops rules of issue of permission to transit of products;

6) develops rules of issue of permission to conversion of products out of the territory of the Republic of Kazakhstan;

7) develops qualification requirements to intra-corporate systems of export control of participants of foreign economic activity (applicants);

8) develops rules of issue of permission to re-export of products;

9) develops rules and form of accounting of the external economic transactions for the purposes of export control;

10) participates in realization of state policy of licensing of separate types of activity;

11) exercises export control, re-export, import, reimport, transit and conversion of products out of the territory of the Republic of Kazakhstan within the established competence;

12) exercises if necessary control at pre-shipment stage and (or) end use of products together with state bodies of the Republic of Kazakhstan of system of export control;

13) is issued by the warranty obligation (end-user certificate);

14) issues permissions to transit of products which are subject to export control;

15) issues permissions to conversion of products out of the territory of the Republic of Kazakhstan;

Issues 16) to applicants and the interested state bodies of the conclusion about reference of goods, technologies, works, services, information to products which are subject to export control;

17) grants in accordance with the established procedure licenses to participants to foreign economic activity (applicants) on implementation of the external economic transactions with products, the results of intellectual creative activities which are not falling under operation of article 8 of the Law of the Republic of Kazakhstan "About export control";

Develops 18) and staticizes regulatory legal acts in the field of export control;

19) participates in realization of state policy of licensing of separate types of activity.

20) is developed form of checking sheets, by criterion for evaluation of risk degree, semi-annual plans of conducting checks according to the current legislation of the Republic of Kazakhstan;

21) issues permissions to re-export of products which are subject to export control;

22) performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Government and orders of the Minister of the industry and infrastructure development of the Republic of Kazakhstan.

16. Task: forming and realization of state policy in the field of industrial safety

Functions:

1) is performed by international cooperation in the sphere of civil protection regarding ensuring industrial safety;

Develops 2) and provides realization of the main directions of state policy in the field of industrial safety;

3) is issued by permission to use of the technologies, technical devices, materials applied on hazardous production facilities, dangerous technical devices;

4) permission to permanent use of explosives and products on their basis issues, production of explosive works;

5) grants license for activities on development, production, acquisition, realization, storage explosive and pyrotechnic (except for civil) substances and products with their application;

6) develops semi-annual schedules of conducting checks in the field of industrial safety according to the Entrepreneurial code of the Republic of Kazakhstan;

Stops 7) or forbids in exceptional cases, posing threat of life and to human health, without judgment the activities or separate types of activity of individual entrepreneurs, the organizations connected with operation of hazardous production facilities, technical devices for the term of no more than three days with obligatory presentation in the specified action for declaration time in court;

8) issues to physical persons and legal entities the Act of results of check, the instruction on the revealed violations, the act of prohibition or suspension of operations or separate types of activity in the field of industrial safety, energy saving and increase in energy efficiency;

9) is performed by proceedings about administrative offenses in regulated spheres;

10) develops samples of the official ID, breastplate, number stamp and ice cream of the state inspector on industrial safety;

11) develops forms of acts in the field of industrial safety;

12) is developed by procedure for examination and examination of heads of the legal entities declaring industrial safety, and also members of permanent examination committees of the specified legal entities;

13) carries out certification of legal entities on the work right in the field of industrial safety;

14) coordinates the project documentation on construction, expansion, reconstruction, upgrade, preservation and liquidation of hazardous production facilities according to the procedure, established by the Law of the Republic of Kazakhstan "About civil protection" and the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities;

15) carries out registration of declarations of industrial safety of hazardous production facility;

16) performs the organization and carrying out together with the interested state bodies within the competence of investigation of the accidents and accidents which happened owing to accidents on hazardous production facilities;

17) participates in carrying out educational alarm and antiemergency training on hazardous production facility;

18) participates in acceptance tests, engineering certifications of hazardous production facility in case of its input in operation;

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