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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of November 28, 2019 No. UP-5886

About additional measures for enhancement of mechanisms of mortgage lending

(as amended of the Presidential decree of the Republic of Uzbekistan of 07.12.2020 No. UP-6126)

In the country consecutive measures for improvement of domestic conditions of the population due to expansion of scales of construction of available apartment and apartment houses, implementation in industry of new architectural and technical solutions are taken. So, for last three years 104 thousand families are provided with housing that is one and a half times more, than the number of the houses built over the last ten years.

At the same time further improvement of housing conditions of the population causes need of forming and development of modern market system of mortgage lending of physical persons, universal involvement and complete transition to housing construction by private contract organizations, gradual building-up of financing by commercial banks, and also strengthening of targeting and transparency of provision of the state support to the families needing improvement of housing conditions.

For the purpose of further expansion of scales of mortgage lending, creation of conditions for development of private contract organizations, implementation of new mechanisms of support to persons needing improvement of housing conditions, rational use of land resources and activization of processes of urbanization of settlements:

1. Enter new procedure for providing the population with housing at the expense of mortgage loans on the basis of the market principles (further - new procedure) according to which:

for the purpose of providing the mortgage market with the long-term Ministry of Finance of the Republic of Uzbekistan resources places in commercial banks money on market conditions for a period of 15 years;

commercial banks grant to the population mortgage loans at the expense of own means and funds allocated by the Ministry of Finance of the Republic of Uzbekistan;

mortgage loans, at the expense of the funds allocated to commercial banks by the Ministry of Finance of the Republic of Uzbekistan are provided on market rate with limiting establishment of credit amount on one borrower and provision to the borrower of the right of the independent choice of location and the area of housing;

to individuals, including with low income level and needing improvement of housing conditions (further - individuals), subsidies at the expense of funds of the Government budget of the Republic of Uzbekistan for compensation of part of the initial contribution and (or) percent on mortgage loan are paid (further - subsidies).

2. Implement new procedure:

in the rural zone - in the territories adjacent to the cities and the administrative centers of districts of the Andijan, Bukhara, Namangan, Samarkand, Surkhandarya and Fergana regions;

in the city of Tashkent, and also in the cities of the Republic of Karakalpakstan and areas.

3. Determine that in case of realization of new procedure:

a) in the rural zone:

the construction of apartment houses is performed with their arrangement in the form of the makromassiv including at least 200 apartments;

the subjects of entrepreneurship performing construction of apartment houses are determined following the results of the competitive biddings;

the competitive auction is held by the territorial contest committees by determination of contract organizations for construction of apartment houses in the rural zone created by solutions of hokim of areas;

the parcels of land for construction of apartment houses are provided to subjects of entrepreneurship - bidding winners without running an electronic auction on a grant basis;

the construction of the apartment house is performed by the subject of entrepreneurship - the bidding winner at the expense of own means, the credits of commercial banks and other sources which are not forbidden by the legislation;

the construction of the bringing and on-site networks of water supply and the sewerage and highways is performed by khokimiyats of areas at the expense of means of centralized sources, including means of the international financial institutions and local budgets;

the construction of the bringing and on-site electric utility power grids and gas supply is performed respectively at the expense of own means of JSC Regionalnye elektricheskiye seti and JSC Hududgaztajminot, if necessary - at the expense of means republican and local budgets;

b) in the cities:

the parcels of land for construction of apartment houses are provided to subjects of entrepreneurship on paid basis by means of electronic auction through United electronic market place of "E-IJRO AUKSION";

the construction of apartment houses is performed by the subject of entrepreneurship - the winner of electronic auction at the expense of own means, the credits of commercial banks and other sources which are not forbidden by the legislation;

the construction of engineering and transport communications is performed at the expense of means of the subject of entrepreneurship - the winner of electronic auction and other sources which are not forbidden by the legislation, if necessary - at the expense of means republican and local budgets.

To the ministry of construction, the Ministry of Economy and Industry together with the interested ministries and departments to submit for approval in the Cabinet of Ministers of the Republic of Uzbekistan mechanisms, criteria of carrying out the competitive biddings and qualification requirements to the subjects of entrepreneurship performing construction of apartment houses in the rural zone within new procedure including criteria in a month "the price - quantity".

4. Determine that within new procedure mortgage loans at the expense of the means allocated to commercial banks with the Ministry of Finance of the Republic of Uzbekistan are provided on acquisition of the apartments realized in the primary market of housing (including the apartments realized in the primary market of housing and built outside new procedure) with the following provisions:

in the rural zone - in the amount of, not exceeding 90 percent of settlement cost of housing, for a period of 15 years and with the initial contribution in the amount of at least 10 percent from the cost of the acquired apartment;

in the cities - in the amount of, not exceeding 80 percent of settlement cost of housing, for a period of 15 years and with the initial contribution in the amount of at least 20 percent from the cost of the acquired apartment.

At the same time:

estimated cost of housing is annually determined by the Ministry of Finance together with the Ministry of Economic Development and reducings poverty and the Ministry of construction of the Republic of Uzbekistan taking into account the average market cost of one square meter of the apartment in the respective region and the minimum space allowance for apartments with two and more rooms;

in case of excess of cost of the acquired apartment over its settlement cost the rest of cost is paid by the borrower at the expense of own means and other sources which are not forbidden by the legislation;

in case of decrease in refunding rate of the Central bank the size of percent on mortgage loans of commercial banks and to the funds allocated by the Ministry of Finance of the Republic of Uzbekistan in proportion decreases, and in case of its increase - remains invariable.

5. To the Ministry of Finance together with the Central bank of the Republic of Uzbekistan in two-month time to develop the concept of issue of mortgage loans on acquisition of apartments in apartment houses according to new procedure, and also requirements to potential borrowers.

6. Determine that within new procedure for subsidy are paid:

in the rural zone - on compensation for expenses, connected with interest payment on mortgage loan within the first five years - in the part exceeding 10 percent points;

in the cities - on compensation for expenses, connected with payment of part of the initial contribution in the amount of 10 percent from the settlement cost of housing, and percent on the credit within the first five years - in the part exceeding 12 percent points in the city of Tashkent and also 10 percent points in the cities of the Republic of Karakalpakstan and areas.

Determine that since March 1, 2020 applications are submitted for receipt of subsidies through the Centers of the state services or the Single portal of interactive state services of the Republic of Uzbekistan.

7. To the Ministry of Finance of the Republic of Uzbekistan:

provide payment of subsidies within the means approved in annual parameters of the Government budget of the Republic of Uzbekistan;

in a month to make in the Cabinet of Ministers suggestions for improvement of payment procedure of subsidies from the Government budget and extrabudgetary funds of the ministries and departments for payment of the initial contribution on the mortgage loans granted to citizens within the existing target state programs including military personnel of the Ministry of Defence, National guard, the Ministry of Emergency Situations, Service of state security, Public service of safety of the President of the Republic of Uzbekistan and the staff of law-enforcement bodies, taking into account the requirement of paragraph two of Item 9 of this Decree;

together with the Ministry of Economy and Industry, the Ministry of Justice, other ministries and departments to introduce to the Cabinet of Ministers of the Republic of Uzbekistan the draft of the government decision according to criteria and procedure for selection of persons to which subsidies are paid in a month.

8. Approve:

Target reference points on construction of apartment houses and payment of subsidies according to new procedure in the rural zone for 2020 according to appendix No. 1;

Target reference points on construction of apartment houses and payment of subsidies according to new procedure in the cities for 2020 according to appendix No. 2;

The scheme of construction and realization of apartment houses according to new procedure in the rural zone according to appendix No. 3;

The scheme of construction and realization of apartment houses according to new procedure in the cities according to appendix No. 4;

The scheme of payment of subsidies to individuals according to appendix No. 5.

9. Determine that within new procedure:

for 2020 for the military personnel, including the Ministries of Defence, National guard, the Ministry of Emergency Situations, Service of state security, Public service of safety of the President of the Republic of Uzbekistan and the staff of law-enforcement bodies remain the operating terms for crediting and the payments of the initial contribution established by earlier adopted acts of the legislation;

the choice of the parcels of land for construction of apartment houses and engineering and transport communications is performed by Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent in coordination with the Ministry of Economic Development and reducings poverty, the Ministry of construction, the Center of hydrometeorological service under the Cabinet of Ministers and the Agency according to the inventory under the State Tax Committee;

for construction of apartment houses the empty parcels of land which are not entering category of the irrigated lands of agricultural purpose and forest fund having access to external engineering and transport communications and located in densely populated areas are provided.

To the state committee on land resources, geodesy, cartography and the state inventory together with the Agency of urbanization under the Ministry of Economy and Industry of the Republic of Uzbekistan in three-months time to create databank of the free and inefficiently used parcels of land having access to external engineering and transport communications ("Land bank").

10. Form the Republican commission on implementation of new procedure for construction and realization of housing on the basis of the market principles in structure according to appendix No. 6, having determined it the main objectives:

coordination of activities and ensuring interaction of state bodies, executive bodies on places and other organizations participating in realization of new procedure including in construction of apartment houses, provision of mortgage loans, and also payment of subsidies;

carrying out systems analysis and monitoring of realization of new procedure with development following the results of the specific measures directed to the solution of problematic issues;

ensuring single practice of application on places of the mechanisms of mortgage lending and subsidizing implemented according to new procedure;

ensuring implementation of effective system of selection of persons to which subsidies are paid;

preparation of offers on modification and amendments in target reference points on construction of apartment houses and payment of subsidies according to new procedure, including in case of delay or non-realization of construction in certain regions at the scheduled time;

hearing of reports of heads of state bodies, executive bodies on places and other organizations about the done work within realization of new procedure.

11. Agree with offers of Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent on preserving the following programs before the termination of their terms:

Programs for construction of available apartment houses in the rural zone with participation of IK Kishlok kurilish invest LLC;

Programs for construction of available apartment houses in the cities with participation of IK Uzshakhar kurilish invest LLC (further - target state programs).

12. Approve:

Key parameters on construction of available apartment houses in the rural zone with participation of IK Kishlok kurilish invest LLC for 2020 according to appendix No. 7;

Key parameters on construction of available apartment houses in the cities with participation of IK Uzshakhar kurilish invest LLC for 2020 according to appendix No. 8.

13. Determine that:

the construction of available apartment houses in the rural zone with participation of IK Kishlok kurilish invest LLC is performed by their placement only in the densely populated territories in the form of the mikromassiv including at least 100 apartments;

starting with target state programs for 2020 the construction of one-storey available apartment houses, except for apartment houses which construction is not finished yet stops, and also the construction of which is not begun yet, but concerning them the corresponding construction agreements are already signed;

in case of construction of available apartment houses in the cities with participation of IK Uzshakhar kurilish invest LLC financing of construction of available apartment houses is performed after forming in accordance with the established procedure of the list of potential borrowers at the expense of their initial contributions, mortgage loans of commercial banks, own means of IK Uzshakhar kurilish invest LLC, other sources which are not forbidden by the legislation.

14. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent together with IK Kishlok kurilish invest LLC and IK Uzshakhar kurilish invest LLC till January 1, 2020 to perform the choice of the empty land massifs for construction of available apartment houses.

15. To provide to the ministry of construction of the Republic of Uzbekistan conducting the state architectural and construction supervision of quality of accomplishment of installation and construction works and project decisions, and also observance of town-planning regulations and rules in case of construction of apartment houses and engineering and transport communications.

16. To the Prosecutor General's Office of the Republic of Uzbekistan to establish efficient supervision of timely and target allocation, and also non-admission of irrational and unauthorized use of the lands issued under construction of apartment houses.

17. To the Antimonopoly Committee of the Republic of Uzbekistan to take measures for suppression of anti-competitive actions by participants of electronic auction and the competitive auction held according to this Decree and also to provide protection of the rights of acquirers of housing in case of their relations with the subjects of entrepreneurship performing construction of apartment houses.

18. To the Ministry of Finance of the Republic of Uzbekistan:

find additional sources of means for placement in commercial banks of resources for the purpose of allocation of mortgage loans on market rates, including means of the Government budget of the Republic of Uzbekistan and the state trust funds, the credits of the international financial institutions and foreign government financial organizations including attracted on support of the budget, and also release of the government international bonds, and other sources which are not forbidden by the legislation;

together with the Ministry of investments and foreign trade of the Republic of Uzbekistan to hold negotiations with Asian Development Bank, Islamic development bank and the Saudi fund of development in entering of corresponding changes into earlier signed loan agreements proceeding from requirements of this Decree.

19. Determine that since January 1, 2020:

a) IK Kishlok kurilish invest LLC and IK Uzshakhar kurilish invest LLC in case of acquisition of the construction materials and the equipment delivered in centralized procedure to general contract organizations for housing construction by selection of the best offers by them (further - acquisition of materials and the equipment), within target state programs place on special information portal:

the announcement containing information, the stipulated in Article 52 Laws of the Republic of Uzbekistan "About public procurements", and also final term of acceptance by procurement commission of proposals of participants which shall constitute at least fifteen days;

the protocol of procurement commission by results of selection of the best offers - no later than two working days from the date of its registration for public discussion;

data on the agreements signed by results of selection of the best offers - no later than three working days from the date of their conclusion;

b) The Audit Chamber and the Antimonopoly Committee of the Republic of Uzbekistan on permanent basis carry out remote efficiency analysis and effectiveness of acquisition of materials and the equipment, if necessary with departure on places, with placement of results of the analysis on special information portal of public procurements and the official websites respectively.

20. Confer the personal responsibility on:

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