ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2019 No. 95

About modification and amendments in some orders of the Ministry of national economy of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to department of investment policy in the procedure established by the legislation:

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

2) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

3) 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 of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item of the order.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan _________________

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 19, 2019, No. 95

The list of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determinations of feasibility of budget crediting" (it is registered in the Register of state registration of regulatory legal acts for No. 9938) the following change:

in Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and the determinations of feasibility of budget crediting approved by the specified order:

to state Item 1 of appendix 48 in the following edition:

"1. The purpose of the horizontal and vertical analysis of the financial reporting consists in representation of the changes which happened in the main balance sheet items, the income and expenditure statement, the cash flow statement.

The horizontal (time) analysis consists in comparison of data of the organization for two last accounting periods in relative and absolute type and identification of tendencies of change of individual clauses of the reporting or their groups. The horizontal analysis is carried out in the following forms of the financial reporting approved by the order of the Minister of Finance of the Republic of Kazakhstan of June 28, 2017 No. 404 (it is registered in the Register of state registration of regulatory legal acts for No. 15384) (further - the order of the Minister of Finance): "Balance sheet", "Profit and loss statement", "Cash flow statement (direct method)", "Cash flow statement (indirect method)".

The vertical (structural) analysis consists in determination of specific weight of individual clauses of the reporting in general total and comparison of the received result with data of previous period. The vertical analysis is carried out in the following forms of the financial reporting approved by the order of the Minister of Finance: "Balance sheet", "Profit and loss statement".".

2. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157 "About some questions of planning and implementation of concessionary projects" (it is registered in the Register of state registration of regulatory legal acts for No. 10122) the following changes:

in Rules of representation, consideration and selection of the concessionary projects approved by the specified order:

state Item 1 in the following edition:

"1. These rules of representation, consideration and selection of concessionary projects (further - Rules) are developed according to subitem 7-6) of article 9 of the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions" (further - the Law) and the subitem 24) of article 8 of the Law of the Republic of Kazakhstan of December 27, 2018 "About natural monopolies".";

state Item 19 in the following edition:

"19. According to the subitem 24) of article 8 of the Law of the Republic of Kazakhstan of December 27, 2018 "About natural monopolies" approval of the tender documentation and feasibility study for the concessionary project, regarding procedure for forming and approval of rates (the prices, rates of charges) on services (goods, works) relating to the sphere of natural monopolies, the state body performing management in spheres of natural monopolies including in case of introduction in it of changes and amendments is performed for the purpose of evaluating the tender documentation and the feasibility study for the concessionary project on compliance of structure and content of provisions of the tender documentation and feasibility study to requirements of the legislation of the Republic of Kazakhstan in spheres of natural monopolies.

Approval of the tender documentation and feasibility study for the concessionary project by the state body performing management in spheres of natural monopolies is performed within fifteen working days from the date of their receipt.";

in Rules of carrying out monitoring of agreements of concession, carrying out monitoring and assessment of implementation of the concessionary projects approved by the specified order:

state Item 15 in the following edition:

"15. Information on monitoring of implementation of concessionary projects on form according to appendix 2 to these rules is provided for evaluating implementation of concessionary projects by authorized state body of the corresponding industry in the specialized organization for concession annually no later than the February 20 following for reporting behind the signature not below the deputy first head of authorized state body of the corresponding industry.

In case of submission of neither complete, nor high-quality information on the form according to appendix 2 to these rules filled with the central authorized state body of the corresponding industry, this information returns to it to completion by the official letter. At the same time assessment of implementation of this project is reflected in the following valuation report of realization or is postponed to the next year with the notification on low-quality (incomplete) provision of information in the central authorized body on state planning.";

state Item 17 in the following edition:

"17. Information for assessment of implementation of concessionary projects, is submitted on concessionary projects on which agreements are signed till December 31 of the year preceding year of evaluating implementation of concessionary projects.

For evaluating implementation of concessionary projects are in addition applied to information on monitoring:

the copy of the agreement of concession and supplementary agreements to it (in the presence) with the copy of the registration certificate of the agreement / the supplementary agreement of state-private partnership / concession;

the copy of the approved tender documentation with appendix of financial and economic model, with application of a copy of the economic conclusions on them.";

19, of 20, 21 and 22 to state Items in the following edition:

"19. Assessment of implementation of concessionary projects is process of the analysis of achievement of the planned indicators according to the agreement of concession on the basis of data of monitoring with reflection of financial parameters of the project and the assumed state obligations.

20. Result of assessment of implementation of concessionary projects, the report containing recommendations about improvement of quality of management of concessionary projects is.

The specialized organization for concession within estimates of implementation of concessionary projects carries out the analysis following the results of which prepares the analytical report if necessary containing recommendations about enhancement of the legislation in the field of concessions.

The report structure of assessment of implementation of concessionary projects consists from:

summary information on assessment of concessionary projects with conclusions and recommendations;

the main part of the report reflecting achievement of the planned indicators. The basic report contains the summary on each concessionary project including the name, cost, the purpose, the period of implementation of the concessionary project, the name of the concessionary and concedent;

recommendations about enhancement of the legislation in the field of concession with appendix of the comparative table (if necessary).

21. Results of assessment of implementation of concessionary projects go the specialized organization for concession to the central authorized body on state planning three times a year:

till May 30 on projects of PPP which provide:

1) compensation of investment costs of the concessionary;

2) guarantees of the state on infrastructure bonds within agreements of concession;

3) the state guarantees on the loans attracted to financing of concessionary projects;

4) joint financing of concessionary projects;

till August 30 on projects of PPP which provide:

1) compensations of operating costs of the concessionary;

2) remunerations for implementation of management of the subject to concession which is in state-owned property and also the rent for use of the subject to concession which is in property of the concessionary;

3) payment for availability of subject to concession;

till November 30 on projects of PPP which provide:

1) realization of manufactured goods (works, services) in use subject to concession;

2) subsidies from the state in the cases established by the laws of the Republic of Kazakhstan;

3) guarantee of consumption by the state of certain amount of the goods, works and services made during implementation of the concessionary project;

4) transfer to the concessionary of the exclusive rights on intellectual property items belonging to the state;

5) provisions of natural grants according to the legislation of the Republic of Kazakhstan;

6) other payments from the budget.

22. The central authorized body on state planning sends results of assessment of implementation of concessionary projects no later than 30 (thirty) calendar days from the moment of receipt of the report of the specialized organization for concession to the following concerned parties:

in authorized body on management of state-owned property for entering of data into the Register;

to local executive bodies of areas, cities of republican value and the capital on the subjects to concession relating to utility property.";

state appendix 2 in edition according to appendix 1 to this order.

3. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of February 26, 2015 No. 139 "About approval of Rules of development and submission of reports on execution of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state" (it is registered in the Register of state registration of regulatory legal acts for No. 10685) the following changes:

in Rules of development and submission of reports on execution of development strategies of national managing holdings, national holdings, national companies which shareholder is the state, approved by the specified order:

1) of Item 2 to exclude the subitem;

in Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state, approved by the specified order:

1) of Item 2 to exclude the subitem;

state Item 9 in the following edition:

"9. The executive body bears disciplinary responsibility according to Article 64 of the Labor code of the Republic of Kazakhstan of November 23, 2015 for timeliness and reliability of the operational data provided in the Report on execution of the development plan and the Report on execution of the development plan (according to operational data).".

4. Bring in the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 "About some questions of planning and projects implementation of public-private partnership" (it is registered in the Register of state registration of regulatory legal acts for No. 12717) the following changes and amendments:

state Item 1 in the following edition:

"1. Approve:

1) the Rules of planning and projects implementation of public-private partnership including questions of project planning of public-private partnership, carrying out tender and direct negotiations on determination of the private partner, carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership according to appendix 1 to this order;

2) the Approval procedure of the list of the projects of public-private partnership planned to realization according to appendix 2 to this order;

3) the Procedure for selection of projects of public-private partnership for provision or increase in amount of guarantees of the state according to appendix 3 to this order;

4) Criteria of reference of the project of public-private partnership to the project of public-private partnership of the special importance according to appendix 4 to this order;

5) the Approximate list of the risks arising at different stages of public-private partnership according to appendix 5 to this order;

6) Requirements to development or adjustment, and also conducting necessary examinations of the feasibility statement on projects of public-private partnership according to appendix 6 to this order;

7) the Technique of cost determination of creation and (or) reconstruction of object of public-private partnership, total cost of the state support and sources of cost recovery of subjects of public-private partnership according to appendix 7 to this order.";

in the Rules of planning and projects implementation of public-private partnership approved by the specified order:

state heading in the following edition:

"The rules of planning and projects implementation of public-private partnership including questions of project planning of public-private partnership, carrying out tender and direct negotiations on determination of the private partner, carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership";

state item 4 in the following edition:

"4. Information support about the planned and implementable projects of PPP is performed through the corresponding list created by the Center of development of PPP.

For forming of the list authorized persons (the state partners) monthly provide project information of public-private partnership, the repayment schedule of the state obligations and payments from the budget, and also information on the investors interested in projects implementation of PPP in forms according to appendices 1 and 1-1 to these rules in the Kazakh and Russian languages:

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