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

of March 30, 2022 No. 28

About introduction of amendments to some orders of the Minister of national economy of the Republic of Kazakhstan

I ORDER:

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

2. To provide to department of policy of management of the state assets 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 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 after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

A. Kuantyrov 

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of March 30, 2022 , No. 28

The list of some orders of the Minister of national economy of the Republic of Kazakhstan to which changes are made

1. 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):

state heading in the following edition:

"About approval of Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings and national companies and actions plans of national managing holdings, national holdings, national companies which shareholder is the state";

be reworded as follows Item 1:

"1. Approve enclosed:

1) 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;

2) Rules of development and submission of reports on execution of actions plans of national managing holdings, national holdings, national companies which shareholder is the state.";

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, to state in edition according to appendix 1 to this list of some orders of the Minister of national economy of the Republic of Kazakhstan to which changes are made (further – the list);

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, to state in edition according to appendix 2 to this list.

2. In the order of the Minister of national economy of the Republic of Kazakhstan of February 27, 2015 No. 149 "About approval of Rules of development, approval of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state and also monitoring and assessment of their realization" (it is registered in the Register of state registration of regulatory legal acts for No. 10663):

state heading in the following edition:

"About approval of Rules of development, approval of development plans for national managing holdings, national holdings and national companies and actions plans of national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization";

state preamble in the following edition:

"According to subitem 4-4) of article 13 of the Law of the Republic of Kazakhstan "About state-owned property" I ORDER:";

be reworded as follows Item 1:

"1. Approve enclosed:

"1) Rules of development, approval of development plans for national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization;

2) Rules of development, approval of actions plans of national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization.";

Rules of development, approval of development strategies of national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization, approved by the specified order, to state in edition according to appendix 3 to this list;

Rules of development, approval of development plans for national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization, approved by the specified order, to state in edition according to appendix 4 to this list.

3. In the order of the Minister of national economy of the Republic of Kazakhstan of October 5, 2018 No. 21 "About approval of the Model code of corporate management in the joint-stock companies controlled by the state, except for National welfare fund" (it is registered in the Register of state registration of regulatory legal acts for No. 17726):

in the Model code of corporate management in the joint-stock companies controlled by the state, except for National welfare fund, approved by the specified order:

5) and 6) of Item 2 to state subitems in the following edition:

"5) the development plan – the document determining the main activities and indicators of financial and economic activities of the state company, joint-stock company and limited liability partnership, controlling stock (share in the authorized capital) which belongs to the state, for the five-year period;

6) the development plan for national managing holdings, national holdings and national companies – the document determining and proving mission, vision, strategic objectives and tasks of national managing holding, national holding, national company for the ten-year period;";

add Item 2 with subitem 6-1) of the following content:

"6-1) actions plan – the document determining the main activities and indicators of financial and economic activities of national managing holding, national holding and national company for the five-year period;";

14) of Item 2 to state the subitem in the following edition:

"14) key indicators (indicators) of activities (further – efficiency) – the indicators characterizing the level of efficiency of activities of Society officials and employees of Society who allow to estimate efficiency of their activities. Efficiency have the quantitative value approved for Society as a part of the development plan and/or the actions plan of Society, or approved differentially for each employee of Society and corresponding to results of their activities for the planned and accounting periods;";

the third and fourth Item 28 to state parts in the following edition:

"The executive body of Society and the organizations provide compliance of actions plans of the organizations directed for approval of the organizations by the board of directors, to the development plan and/or the actions plan of Society.

To executive body of Society supports permanent dialogue with executive body of the organization for development plans and sustainable development. At the same time Society does not allow intervention in operational (current) organization activity for which the executive body of the organization is responsible.";

state Items 29 and 30 in the following edition:

"29. One of the main strategic objectives of Society is ensuring growth of long-term cost and sustainable development of Society that is reflected in their development plans and/or actions plans. All made decisions and actions correspond to the development plan and/or the actions plan.

Basic element of efficiency evaluation of activities of Society and its executive body is the efficiency system. Shareholders (the single shareholder) through the representatives in the board of directors (or by the written notice) express strategic reference points and the expectations on efficiency.

For the purpose of achievement the efficiency, Society develops the development plan and/or the actions plan according to the Law of the Republic of Kazakhstan "About state-owned property".

On annual basis assessment of achievement of efficiency of Society is performed. This assessment influences remuneration of the head and members of executive bodies, is taken into account in case of their re-election, and also is one of the bases for their discharge from post ahead of schedule.

For the purpose of assessment of goal achievement and tasks established in the development plan and/or the actions plan, to the organizations efficiency by means of the following processes are established:

1) Society directs to the representatives in the boards of directors the expectations on target efficiency of the organizations to the planned period which are submitted by them for consideration of the boards of directors of the organizations;

2) following the results of consideration and discussion by the board of directors of the organizations the list and the efficiency target values which are led up to executive body of the organizations for development of the corresponding development plans for the ten-year period and/or actions plans for the five-year period affirms;

3) the actions plan of the company affirms the board of directors of the organizations.

30. Society approves single rules of development, approval of development plans and/or actions plans of the organizations which controlling stock (shares) belong to society, and also monitoring and assessment of their realization.

The executive body of Society carries out monitoring of execution of development plans and/or the actions plan and efficiency of the organization.

Results of monitoring and performance reports of the actions plan are entered into information system of Society on planning, monitoring and assessment of activities according to the procedure, determined by documents of Society.";

1) and 2) to state subitems to part two of Item 69 in the following edition:

"1) to determination of the development plan (directions and results);

2) to statement and monitoring of the efficiency established in the development plan and/or the actions plan;";

the fifth Item 71 to state part in the following edition:

"The single shareholder of Society can hold in addition meetings with the chairman and board members for discussion of questions of the development plan, election of the first head of board of Society and other aspects which exert impact on growth of long-term cost and sustainable development of Society. Such meetings are planned and held according to the approved procedures in advance.";

state Item 79 in the following edition:

"79. The quantitative structure of the board of directors of Society is determined by general shareholder meeting (the single shareholder). The structure of the board of directors of Society is established individually taking into account scales of activities, requirements of business, the current tasks, the development plan and/or actions plan and financial opportunities.";

state Item 91 in the following edition:

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