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

of June 8, 2022 No. 325

About approval of Rules of planning and the conclusion of the agreements aimed at the industry development and also monitoring of their execution

According to the subitem 40) article 9 of the Law of the Republic of Kazakhstan "About industrial policy" PRIKAZYVAYU:

1. Approve the enclosed Rules of planning and the conclusion of the agreements aimed at the industry development and also monitoring of their execution.

2. To provide to committee of industrial development 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 after its official publication.

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 after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 8, 2022 No. 325

Rules of planning and the conclusion of the agreements aimed at the industry development and also monitoring of their execution

Chapter 1. General provisions

1. These rules of planning and the conclusion of the agreements aimed at the industry development and also monitoring of their execution (further - Rules) are developed according to the subitem 40) of article 9 of the Law of the Republic of Kazakhstan "About industrial policy" (further – the Law) and determine procedure for planning and the conclusion of the agreements aimed at the industry development and also monitoring of their execution.

2. The basic concepts used in these rules:

1) monitoring – complex of actions for check of execution by the customer and the supplier of conditions of the ofteyk-contract and agreement of contractual purchases;

2) the monitoring report – the report containing the conclusion on analysis results of compliance and (or) discrepancy of execution by the customer and supplier of conditions on ofteyk-contracts and agreements of contractual purchases;

3) the supplier – person making the purchased products or ready to open new production of the purchased products, and applying for the conclusion of the agreement aimed at the industry development;

4) the database of goods, works, services and their suppliers (further - the database) – the list of domestic goods of works, services and their suppliers created according to the procedure by the established authorized body;

5) the inventory - the list of the imported products of the processing industry having long-term need from customers.

Chapter 2. Procedure for planning and the conclusion of the agreements aimed at the industry development

3. The agreements aimed at the industry development consist between the customer and the supplier according to article 47 of the Law.

4. The approved offers contain information according to Item 3 of article 47 of the Law, and also:

1) amounts of the approved annual long-term need for natural and monetary value, including the amounts which are purchased as a part of works and services in form according to appendix 1 to these rules;

2) the technical specification in form according to appendix 2 to these rules.

5. After approval of the inventory and placement it in the database according to item 4 of article 47 of the Law, order taking of suppliers to the conclusion of the agreements aimed at the industry development, annually till August 1 is performed.

Application of suppliers is performed in form according to appendix 3 to these rules.

6. To the supplier application for the conclusion of the agreements aimed at the industry development is not allowed if:

1) consists in the register of unfair participants of public procurements and in the register of unfair participants of purchases;

2) is idle and (or) consists in the list of debtors concerning whom the judgment about recognition by their bankrupts according to articles 91 and 126 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" took legal effect (further – the Tax code);

3) registration of the supplier is acknowledged invalid based on the court resolution which took legal effect;

4) is the pseudo-company based on the court resolution which took legal effect;

5) is absent by results of tax inspection in the location specified in case of primary registration in bodies of state revenues;

6) it is reorganized with violation of regulations of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments into the budget" (Tax code);

7) by results of the categorization performed according to the Tax code, activities of the supplier are referred to category of high risk.

7. The customer concludes the ofteyk-supplier contract according to article 48 of the Law, and also according to Standard requirements to the conclusion of ofteyk-contracts according to appendix 4 to these rules.

8. The customer signs the contract of contractual purchases with the supplier according to article 49 of the Law, and also according to Standard requirements to the conclusion of agreements of contractual purchases according to appendix 5 to these rules.

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