of May 30, 2022 No. 303
About approval of Rules and conditions of the conclusion, and also the bases for change and agreement cancelation about industrial assembly of vehicles with legal entities of the Republic of Kazakhstan and its standard form
According to the subitem 23) article 9 of the Law of the Republic of Kazakhstan "About industrial policy" PRIKAZYVAYU:
1. Approve:
1) Rules and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of vehicles with legal entities of the Republic of Kazakhstan, according to appendix 1 to this order;
2) standard form of the agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan according to appendix 2 to this order.
2. Declare invalid the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of September 23, 2020 No. 493 "About approval of Rules and conditions of the conclusion, and also the bases for change and agreement cancelation about industrial assembly of vehicles with legal entities of the Republic of Kazakhstan and its standard form" (No. 21252) is registered in the Ministry of Justice of the Republic of Kazakhstan on September 24, 2020.
3. To provide to committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan legal acts:
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.
4. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.
5. This order becomes effective after sixty calendar days after day of its first official publication.
Acting minister of the industry and infrastructure development of the Republic of Kazakhstan
M. Karabayev
Appendix 1
to the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 30, 2022 No. 303
1. These rules and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of vehicles with legal entities of the Republic of Kazakhstan (further – Rules) are developed according to the subitem 23) of article 9 of the Law of the Republic of Kazakhstan "About industrial policy" (further – the Law) and determine procedure and conditions of the conclusion, and also the basis for change and agreement cancelation about industrial assembly of vehicles with legal entities of the Republic of Kazakhstan.
2. In these rules the following concepts are used:
1) industrial vehicle mounting – the system of serial production of the vehicle including fulfillment of requirements of mark system of assessment of localization according to appendices 1, 2 and 3 to these rules;
2) the vehicle – the device, including technically difficult goods (product) intended for transportation of people, freights or the equipment installed on it, except for agricultural machinery;
3) component to the vehicle - the vehicle design component, detail, node, the component, material, chemical, paint and varnish products and other accessories necessary for production of the vehicle;
4) the agreement on industrial vehicle mounting with legal entities of the Republic of Kazakhstan (further – the Agreement) – the civil agreement signed between authorized body in the field of the state stimulation of the industry (further – authorized body) and the legal entity of the Republic of Kazakhstan performing production of the vehicle (further – the Producer), according to the civil legislation, the ratified international treaties of the Republic of Kazakhstan and these rules;
5) the multilateral agreement about industrial vehicle mounting with legal entities of the Republic of Kazakhstan (further – the Multilateral agreement) – the civil agreement signed between authorized body and producers within earlier signed Agreement with one of producers who satisfied the assumed conditions and obligations of the agreement (multilateral agreement) on industrial assembly of motor vehicles including accomplishment of technological transactions on welding and coloring according to the civil legislation, the ratified international treaties of the Republic of Kazakhstan and these rules;
6) production assets – the non-current assets relating to fixed assets on balance of the company or leasing company including the leasing assets used when implementing industrial assembly, which are directly participating in production in case of production of vehicles.
3. The agreement is signed with the producer by each code of the commodity nomenclature of external economic activity of the Eurasian Economic Union (further – the CN FEA EEU) vehicles for twenty-year term based on standard form of such agreement, according to appendix 2 to this order.
4. The agreement on codes of the CN FEA EEU of truck tractors (870121101 CN FEA EEU), buses (8702 CN FEA EEU), vehicles of special purpose (8705 CN FEA EEU), automobile (8703 CN FEA EEU) and cargo vehicles (8704 CN FEA EEU) with legal entities of the Republic of Kazakhstan consists according to these rules, after accomplishment of initial requirements of mark system of assessment of localization, including use of processing equipment according to appendix of 1 these rules.
Requirements of mark system of assessment of localization according to these rules extend to the signed Agreements.
Execution by the legal entity of the Republic of Kazakhstan of the signed agreement on industrial assembly of vehicles on codes of the CN FEA EEU of truck tractors, buses, vehicles of special purpose, automobile and cargo vehicles, gives to such legal entities opportunity of the conclusion of long-term agreements about public procurements of goods according to the legislation on public procurements, and also the agreements aimed at the development of the industry, provided by the Law.
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