ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 2, 2018 No. 213

About approval of Rules and conditions of the conclusion, and also the bases for change and agreement cancelation about industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan

According to subitem 24-1) of Item 2 of article 100 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve:

1) 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, according to appendix 1 to this order;

2) standard form of the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan according to appendix 2 to this order.

2. To provide to committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan:

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

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and 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;

3) within ten calendar days after 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 for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective on the expiration of ten calendar days after day of its first official publication, at the same time the part two of Item 3 of Rules becomes effective since January 1, 2019.

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of April 2, 2018 No. 213

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

Chapter 1. General provisions

1. These 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 (further - Rules) are developed according to subitem 24-1) of Item 2 of article 100 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and determine procedure 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.

2. In these rules the following concepts are used:

1) agricultural machinery - the technical tool intended for performance improvement of work in agricultural industry by mechanization and automation of separate transactions or engineering procedures;

2) industrial assembly of agricultural machinery - system of serial production of agricultural machinery;

3) the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan (further - the agreement) - the civil agreement signed between authorized body in the field of the state support of industrial and innovative activities (further - authorized body) and the legal entity of the Republic of Kazakhstan performing production of agricultural machinery (further - the producer), according to the civil legislation, the ratified international treaties of the Republic of Kazakhstan and these rules.

3. The agreement is signed with the producer according to each name of agricultural machinery for term: for tractors, combines of grain-harvesting and silage goods items 8701, 843351 0009, 843359 1109, according to the commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU) - 12 years, for other agricultural machinery - 10 years.

The standard form of the agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan is given in appendix 2 to this order.

The agreement is the basis for provision to the producer of tax benefits according to the subitem 15) of Item 1 of Article 399 and the subitem 4) of Item 2 of article 451 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)".

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