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ORDER OF THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2021 No. 11-1-4/590

About approval of Rules of the project definition investment for provision of the parcels of land from state-owned property

According to Item 8-1 of article 282 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of the project definition investment for provision of the parcels of land from state-owned property.

2. To provide to committee on investments of the Ministry of Foreign Affairs of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 Foreign Affairs 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 Department of legal service of the Ministry of Foreign Affairs 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 deputy minister of foreign affairs of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2022 and is subject to official publication.

Minister of Foreign Affairs of the Republic of Kazakhstan

M T_leuberd_

 

It is approved

Ministry of Agriculture of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

Approved by the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan of December 27, 2021 No. 11-1-4/590

Rules of the project definition investment for provision of the parcels of land from state-owned property

Chapter 1. General provisions

1. These rules of the project definition investment from state-owned property (further – Rules) are developed for provision of the parcels of land according to Item 8-1 of article 282 of the Entrepreneurial code of the Republic of Kazakhstan and determine procedure for the project definition investment for provision of the parcels of land from state-owned property.

2. In these rules the following terms and determinations are applied:

1) local executive body (further – akimat) - the collegiate executive body headed by the akim of area (the city of republican value and the capital), the area (the city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

2) legal claims – dispositive facts which demonstrate contest by the third parties or availability of interest concerning the rights to real estate, transactions with it;

3) encumbrance of the right to real estate (further – legal encumbrance) – any restrictions of the right to the real estate which arose according to the procedure, provided by legal acts of the Republic of Kazakhstan or the agreement of the parties and expressed in restriction of competence of the owner for ownership, use and (or) the order with real estate;

4) investments – all types of property (except the goods intended for private consumption), including objects of financial leasing from the moment of the conclusion of the agreement of leasing, and also the right to them put by the applicant in the authorized capital of the legal entity or increase in the fixed assets used for business activity, and also for project implementation of public-private partnership, including the concessionary project;

5) solvency – sources of financing of means (own or borrowed funds) with indication of the name and document number confirming availability of means;

6) the applicant – the legal entity registered in the Republic of Kazakhstan, realizing the project which is subject to determination investment and the submitted application in akimat for the project definition investment for provision of the parcel of land from state-owned property;

7) regional coordination council – the advisory advisory body headed by the akim of area, city of republican value, the capital or his deputy, performing functions according to the Law of the Republic of Kazakhstan "About special economic and industrial zones" and other functions determined by the legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for the project definition investment for provision of the parcel of land from state-owned property

3. The project definition investment for provision of the parcels of land from state-owned property is performed by filing of application by the applicant in akimat in form according to appendix 1 to these rules, in the Kazakh and Russian languages.

4. The applicant encloses the following documents to the application:

1) the business plan of the investment project developed according to requirements to creation of the business plan of the project according to appendix 2 to these rules;

2) the working program of the project for form according to appendix 3 to these rules;

3) the valuation report of the required parcel of land which is drawn up according to the requirements to form and content of the valuation report approved by the order of the Minister of Finance of the Republic of Kazakhstan of May 3, 2018 No. 501 (it is registered in the Register of state registration of regulatory legal acts for No. 16900).

Permission to carrying out estimative works of the required parcel of land is got according to the Rules of rendering the state service "Issue of Permission to Use of the Parcel of Land for Prospecting Works" approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301 (it is registered in the Register of state registration of regulatory legal acts for No. 21366);

4) certificate of state registration (re-registration) of the applicant;

5) copy of the charter of the applicant;

6) documents, confirmatory, solvency of the applicant:

the documents confirming availability of own means of the applicant on accounts in banks;

the documents confirming property availability;

the documents confirming availability of share in business or other assets;

the documents confirming availability of credit line;

7) certificate of lack (availability) of debt of the applicant on taxes and other obligatory payments.

5. The akimat adopts and considers the statement and documents attached to it on compliance to these rules, and also on compliance of the following information:

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