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

of October 8, 2021 No. 91

About approval of Rules of provision of state-owned property in property employment (lease) without repurchase right on favorable terms to subjects of social entrepreneurship

According to Item 11 of article 74 of the Law of the Republic of Kazakhstan "About state-owned property" PRIKAZYVAYU:

1. Approve the enclosed Rules of provision of state-owned property in property employment (lease) without repurchase right on favorable terms to subjects of social entrepreneurship.

2. To provide to department of policy of management of the state assets 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.

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 since January 1, 2022 and is subject to official publication.

Minister of national economy of the Republic of Kazakhstan

A. Irgaliyev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of October 8, 2021 No. 91

Rules of provision of state-owned property in property employment (lease) without repurchase right on favorable terms to subjects of social entrepreneurship

Chapter 1. General provisions

1. These rules of provision of state-owned property in property employment (lease) without repurchase right on favorable terms to subjects of social entrepreneurship are developed according to Item 11 of article 74 of the Law of the Republic of Kazakhstan "About state-owned property" and determine procedure for provision in property employment (lease) of state-owned property without repurchase right on favorable terms to subjects of social entrepreneurship.

2. In these rules the following basic concepts are used:

1) the asset holder – the state legal entity to whom object is assigned on the right of operational management or economic maintaining;

2) the lessor – authorized body on state-owned property or local executive body (the executive body financed from the local budget) or in coordination with meeting of local community the office of the akim of the city of district value, the village, settlement, rural district, and also the akim of the city of district value, the village, settlement, rural district;

2) the employer (lessee) – subjects of social entrepreneurship are the individual entrepreneurs and legal entities (except for subjects of big business) included in the register of subjects of social entrepreneurship.

Chapter 2. Procedure for provision of state-owned property in property employment (lease) without repurchase right on favorable terms to subjects of social entrepreneurship

Paragraph 1. Preparation for carrying out the tender

3. Provision of state-owned property in property employment (lease) without repurchase right on favorable terms to subjects of social entrepreneurship is performed on tender basis.

The lessor acts as the organizer of the tender.

4. The lessor provides the publication of the notice on carrying out the tender on the web portal of the register of state-owned property (further – the register) at least in fifteen calendar days prior to its carrying out in the Kazakh and Russian languages.

5. The notice on carrying out the tender includes the following data:

1) name of the lessor;

2) conditions of carrying out tender and requirement to the participant of the tender;

3) short characteristic of subject of the tender;

4) date, time of carrying out tender;

5) terms of adoption of the application for participation in the tender;

6) term of property hiring (lease) and size of start rate of the rent;

7) frequency of payment of lease payment;

8) the size of the guarantee fee, terms and bank details for its introduction;

9) list of the documents necessary for participation in the tender;

10) closing date of the agreement;

11) address, terms and conditions of acquaintance with subject of the tender.

6. After the publication of the notice on carrying out the tender, the lessor provides information access about object through the web portal of the register, and the asset holder provides access to survey of object.

7. By preparation and carrying out the tender the lessor:

1) creates the tender commission;

2) determines terms of carrying out the tender;

3) prepares the tender documentation;

4) is published by the notice on carrying out the tender on the web portal of the register;

5) performs preparation of the draft agreement;

6) signs the minutes of the tender commission;

7) is provided by the conclusion of the contract with the winner of the tender.

8. The tender documentation contains:

1) data on subject of the tender with indication of its purpose;

2) requirements for contents of the request and documents submitted together with it;

3) tender conditions;

4) procedure for carrying out tender;

5) draft agreement.

9. Forming of structure of the tender commission, holding meetings, powers of the tender commission, introduction and return of the guarantee fee is performed according to Items 16, of 17 and 21 Rules of transfer of state-owned property to property employment (lease) approved by the order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 212 (it is registered in the Register of state registration of regulatory legal acts at No. 10467) (further – Rules).

10. In case of change of conditions of the tender or cancellation of the tender for the petition of the asset holder the lessor publishes on the web portal of the register in the Kazakh and Russian languages the notice on changes or cancellation of the tender at least in three working days prior to its carrying out.

To persons who submitted applications for participation in the tender before publication of the notice on change of conditions of the tender or cancellation of the tender, the guarantee fee returns based on the application on return of the guarantee fee signed with use of the digital signature on the web portal of the register.

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