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

of January 21, 2021 No. 24

About approval of Rules of use of lump retirement benefits for improvement of housing conditions according to the legislation of the Republic of Kazakhstan

According to subitem 10-27) of article 10-2 of the Law of the Republic of Kazakhstan "About the housing relations" PRIKAZYVAYU:

1. Approve the enclosed Rules of use of lump retirement benefits for improvement of housing conditions according to the legislation of the Republic of Kazakhstan.

2. To provide to committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan 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 the industry and infrastructure development of the Republic of Kazakhstan.

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

4. This order becomes effective from the date of its first official publication and extends to the relations which arose since January 1, 2021.

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of January 21, 2021 No. 24

Rules of use of lump retirement benefits for improvement of housing conditions according to the legislation of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of use of lump retirement benefits according to the legislation of the Republic of Kazakhstan (further - Rules) are developed for improvement of housing conditions according to subitem 10-27) of article 10-2 of the Law of the Republic of Kazakhstan "About the housing relations", the Social code of the Republic of Kazakhstan (further - the Code), and determine procedure for use of lump retirement benefits for improvement of housing conditions according to the legislation of the Republic of Kazakhstan.

2. In these rules the following determinations are used:

1) the receiver - the physical person using the lump retirement benefits and (or) lump retirement benefits of the spouse (spouse) and (or) close relatives for improvement of housing conditions according to the procedure, provided by these rules;

2) lump retirement benefit - the amount of the pension accruals created at the expense of compulsory pension contributions withdrawn by the investor of compulsory pension contributions (the receiver of retirement benefits) from the single accumulation pension fund for the purpose of improvement of housing conditions and (or) payment of treatment according to the procedure, established according to the subitem 33) of Item 1 of article 1 of the Code;

3) special accounts for lump retirement benefits (further - the special account) - the current bank account opened by the receiver of lump retirement benefits at the authorized operator determined by the Government of the Republic of Kazakhstan for transfer of lump retirement benefits from ENPF for the purpose of improvement of housing conditions and (or) payment of treatment;

4) close relatives are parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

5) the applicant - person having the right to lump retirement benefits from ENPF according to the Code;

6) the authorized operator - the legal entity (legal entities) determined (determined) by the Government of the Republic of Kazakhstan performing (performing) opening and maintaining special accounts for lump retirement benefits from ENPF for the purpose of improvement of housing conditions and (or) payment of treatment on which ENPF is made transfer of lump retirement benefits from the pension accruals created at the expense of compulsory pension contributions according to the subitem 136) of article 1 of the Code;

7) registering body - The Government for Citizens State corporation performing state registration in the location of real estate;

8) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for use of lump retirement benefits for improvement of housing conditions

3. For the purpose of use of lump retirement benefits for improvement of housing conditions the applicant independently obtains from ENPF information on the available amount of lump retirement benefit, including through the ENPF Internet resource.

4. The applicant by means of the EDS or other electronic method established by the internal document of the authorized operator will become authorized on the Internet - resource of the authorized operator and opens the private office in which submits the application for opening of the special account.

The applicant can also open the special account the different way established by the internal document of the authorized operator.

5. After opening of the special account the applicant fills in electronic application forms for lump retirement benefit for improvement of housing conditions with indication of number of the special account, the purpose of use, the available amount, methods of deduction and transfer of the individual income tax determined by article 351-1 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)", the certified EDSs of the applicant.

6. Use of lump retirement benefits for improvement of housing conditions in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan is allowed on the purpose:

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