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I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2022 No. 367

About approval of Rules of competitive selection of territorial clusters, Rules of forming and maintaining the register of territorial clusters and Rules of provision of measures of the state stimulation of the industry in development of territorial clusters

(as amended on 25-08-2023)

According to subitems 16), 17) and 20) article 9 of the Law of the Republic of Kazakhstan "About industrial policy" PRIKAZYVAYU:

1. Approve:

1) Rules of competitive selection of territorial clusters according to appendix 1 to this order;

2) Rules of forming and maintaining the register of territorial clusters according to appendix 2 to this order;

3) Rules of provision of measures of the state stimulation of the industry in development of territorial clusters according to appendix 3 to this order.

2. Recognize invalid some orders of the Minister of investments and development of the Republic of Kazakhstan and the Minister of the industry and infrastructure development of the Republic of Kazakhstan according to appendix 4 to this order.

3. To provide to department of industrial policy 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.

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 ten calendar days after day of its first official publication.

Acting minister of the industry and infrastructure development of the Republic of Kazakhstan

E.Dauylbayev

Appendix 1

to the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of June 27, 2022 No. 367

Rules of competitive selection of territorial clusters

Chapter 1. General provisions

1. These rules of competitive selection of territorial clusters (further – Rules) are developed according to the subitem 16) of article 9 of the Law of the Republic of Kazakhstan "About industrial policy" (further – the Law), and determine procedure for competitive selection of territorial clusters.

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

1) information system – the organizational arranged set of the information and communication technologies, service personnel and technical documentation realizing certain technology actions by means of information exchange and intended for the solution of specific functional objectives;

2) territorial cluster – geographically concentrated group of the interconnected and complementary organizations which includes producers, suppliers, the scientific and research organizations, the organizations of the higher and (or) postgraduate education, the organization of technical and professional education and other organizations having certain industry specialization;

3) participants of competitive selection of territorial clusters (further – participants of selection) – the cluster organization (legal entity) which is created with participation at least 10 (ten) not affiliated legal entities representing processing industry, or the sector of productive services and at least 1 (one) research institution and (or) educational institution;

4) the organizer of competitive selection of territorial clusters (further – the organizer of selection) – national institute of development in the field of industry development;

5) the cluster organization – the organization created according to the legislation of the Republic of Kazakhstan, performing methodical, organizational, expert and analytical and information maintenance of development of territorial cluster provides activities for development and maintenance of implementation of the work plan for development of territorial cluster, the organization of interaction between participants of territorial cluster, and also the interested organizations, including organizations of science and education, financial institutions and the companies with the state participation, institutes of development and state bodies;

6) electronic document package – the documents which are completely reproducing the type and information (data) of the authentic document in electronic and digital form certified by the digital signature the first head or person fulfilling its duties (in the presence of the supporting document about fulfillment of duties of the first head);

7) commission of experts on competitive selection of territorial clusters (further – the Commission) – the commission created by the decision of the organizer of selection from number of representatives of state bodies, the national companies, National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.

8) the electronic request – the request in electronic and digital form certified by the digital signature the first head or person fulfilling its duties (in the presence of the supporting document about fulfillment of duties of the first head);

9) the digital signature – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for competitive selection of territorial clusters

3. The decision on carrying out competitive selection of territorial clusters is made by the organizer of selection.

4. The organizer of selection places the announcement of carrying out competitive selection of territorial clusters on the Internet resource. The term of order taking constitutes 60 (sixty) calendar days from the moment of placement of the announcement.

5. Criteria of competitive selection of territorial clusters are determined in appendix 1 to these rules.

6. For participation in competitive selection of territorial clusters, participants of selection submit to the organizer of selection the application for participation in competitive selection of territorial clusters in form, according to appendix 2 to these rules 10 (ten) calendar days before the termination of term of order taking in time.

7. The following documents are attached to the application for participation in competitive selection of territorial clusters:

1) consent to participation in competitive selection of territorial clusters in form, according to appendix 3 to these rules;

2) the data represented for participation in competitive selection of territorial clusters according to appendix 4 to these rules.

At the same time, the participant of selection provides completeness and reliability of the provided information specified in the request and the enclosed documents for participation in competitive selection of territorial clusters.

8. The application for participation in competitive selection of territorial clusters is submitted on paper or by means of Internet resource (the applicant submits the electronic application and electronic document package).

9. In the absence of information system / internet-resursa on acceptance and consideration of requests, the request is submitted to national institute on paper in duplicate – the original in number of one copy and the copy in number of one copy, and on the electronic medium.

10. The application for participation in competitive selection of territorial clusters is stitched in one or several folders (volumes) and numbered.

11. The applications for participation in competitive selection of territorial clusters submitted after the expiration for order taking are not accepted and are not considered within the current competitive selection of territorial clusters.

12. The organizer of selection in time no more than 5 (five) working days from the moment of registration of the application for participation in competitive selection of territorial clusters checks completeness of the submitted documents.

In case of provision of incomplete document package, the organizer of selection in the specified terms gives motivated refusal in further review of the request. The refusal in consideration of the application does not deprive of the applicant of opportunity to repeatedly direct the application.

13. In case of provision by the participant of selection of complete document package, the organizer of selection carries out the analysis of the submitted documents regarding compliance to criteria of competitive selection of territorial clusters (further – the analysis), and issues the expert opinion with the appropriated points by each criterion which has advisory nature.

14. The analysis and issue of the expert opinion by the organizer of selection is performed no more than 30 (thirty) calendar days after the termination of term for order taking for participation in competitive selection of territorial clusters in time.

15. Materials of applications for participation in competitive selection of territorial clusters and the expert opinion are brought in the Commission by the organizer of selection in time no more than 5 (five) working days from the moment of issue of the expert opinion.

16. The commission makes the decision by determination of winners of competitive selection of territorial clusters within 15 (fifteen) working days which is drawn up by the protocol.

The tender committee consists of the chairman, the secretary and members of the commission. The number of members of the commission consists of at least 5 (five) people.

The meeting of tender committee is considered competent if at it there are at least 3 (three) people from total number of his members. Members of the commission participate in meetings without the replacement right.

The decision by results of carrying out tender is made by members of tender committee, except for the secretary. Decisions of tender committee by results of carrying out tender are made by open voting by a simple majority vote from number of voted. In case of equality of votes during the vote the commission chairman's voice is decisive.

17. The organizer of selection within 3 (three) working days from the date of receipt of the protocol of the Commission sends results of competitive selection of territorial clusters to authorized body in the field of the state stimulation of the industry for further forming and maintaining the register of territorial clusters.

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