Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of July 25, 2022 No. PP-332

About measures for further enhancement of procedure for conducting examination of the preproject documentation of investment and infrastructure projects, procurement documentation according to the tender, the specification on public procurement and agreements

According to the Law "About Public Procurements" and the resolution of the President of the Republic of Uzbekistan of October 22, 2021 No. PP-5263 "About measures for further enhancement of conducting anti-corruption examination of regulatory legal acts and their projects", and also for the purpose of further enhancement of procedure for conducting examination of the preproject documentation of investment and infrastructure projects, procurement documentation according to the tender, the specification on public procurement and agreements:

1. Approve:

Regulations on procedure for development, conducting complex examination and approval of the preproject documentation of investment and infrastructure projects according to appendix No. 1;

Regulations on procedure for conducting complex examination of procurement documentation according to the tender and the specification on public procurement according to appendix No. 2;

Regulations on procedure for conducting examination and registration of draft agreements, import contracts and supplementary agreements to them according to appendix No. 3;

The instruction about procedure for cost determination of services in conducting complex examination of the feasibility statement and technical and economic calculation of projects, procurement documentation according to the tender and the specification on public procurement according to appendix No. 4.

2. Determine that SUE Center of Complex Examination of Projects and Import Contracts under the Ministry of Economic Development and reducings poverty of the Republic of Uzbekistan (further - the Center) according to acts of the legislation performs:

a) complex examination:

specification on development of the preproject documentation, and also preproject documentation of investment and infrastructure projects;

procurement documentation according to the tender and the specification on public procurement;

b) examination and registration of draft agreements, import contracts and the supplementary agreements to them signed by the state customers on the basis of direct negotiations according to the procedure, established by the legislation.

At the same time specifying in regulatory legal acts of the name of specific suppliers is forbidden and (or) to the cost of goods (works, services) in the absence of approval of the Center of questions of pricing of subject of purchase and (or) determination of the supplier.

3. Establish procedure according to which:

a) the payment for conducting complex examination of procurement documentation according to the tender and the specification on public procurement, draft agreements, import contracts and supplementary agreements to them (in case of value addition of agreements and import contracts) is calculated in the amount of percent 0,1 from purchase subject cost excluding tax on value added (further - the VAT) (according to procurement documentation according to the tender and the specification - from original cost of each lot, according to the draft of the supplementary agreement - from the amount of the supplementary agreement), but no more 100-fold size of basic settlement size, and is levied with addition to this VAT amount;

b) the payment for conducting complex examination of the feasibility statement on projects is calculated in the amount of percent 0,03 from the total amount of the project excluding VAT, but at least 4 thousand US dollars and no more than 50 thousand US dollars in equivalent, and is levied with addition of the VAT;

c) for conducting complex examination of technical and economic calculation of projects the payment in the amount of 50 percent from the sum determined for conducting complex examination of the feasibility statement on projects is levied;

d) expertize is carried out with condition of 100 percent advance payment;

e) the payment for conducting examination of the following documents is not levied:

specification on development of the preproject documentation;

procurement documentation according to the tender for the public procurement of goods (works, services) performed at the expense of means of budgets of budget system and Fund of reconstruction and development of the Republic of Uzbekistan.

4. Recognize invalid some resolutions of the President of the Republic of Uzbekistan according to appendix No. 5.

5. To the Ministry of Economic Development and reducings poverty together with the interested ministries and departments in two-month time to make in the Cabinet of Ministers offers on the changes and amendments in acts of the legislation following from this resolution.

6. To impose control of execution of this resolution on the Prime Minister of the Republic of Uzbekistan A. N. Aripov.

President of the Republic of Uzbekistan

Sh. Mirziyoev

Appendix № 1

to the Resolution of the President of the Republic of Uzbekistan of July 25, 2022 No. PP-332

Regulations on procedure for development, conducting complex examination and approval of the preproject documentation of investment and infrastructure projects

Chapter 1. General provisions

1. This Provision determines procedure for development, conducting complex examination and approval of the preproject documentation by investment and infrastructure projects (further - documentation), and also specifications on their development.

2. Action of this provision extends to documentation developed on projects:

a) financed by means of budgets of budget system and Fund of reconstruction and development of the Republic of Uzbekistan which cost constitutes the fifty-thousandfold size of basic settlement size and more.

At the same time on projects which cost does not exceed the fifty-thousandfold size of basic settlement size the working project which is subject to examination in SUE Ekspertiza gradostroitelnoy dokumentatsii and its territorial branches is developed;

b) implemented based on the separate decisions of the President of the Republic of Uzbekistan providing privileges on taxes and customs payments;

c) realized by corporate customers, cost in equivalent more than 5 million US dollars (except for projects which financing is performed according to the subitem "an" of this Item);

d) providing production and/or conversion of strategic minerals, irrespective of financing sources (except for prospecting production, and also the projects specified in subitems "b" and "v" of Item 3 this provision). At the same time according to the preproject documentation of the projects realized by subjects of private entrepreneurship examination of the made technical and technology and architectural and construction decisions, and also financial and economic efficiency and availability of financing sources of the project is performed;

e) cost in equivalent of 5 million US dollars and more within projects implementation, financed by the public external debt (except for loans of the international financial institutions and foreign government financial institutions).

At the same time this subitem is not applied to the projects refinanced through commercial banks at the expense of the public external debt.

3. Action of this provision does not extend to documentation developed on projects:

a) implemented fully or partially at the expense of loans (credits) of the international financial institutions and foreign government financial institutions attracted on behalf of the Republic of Uzbekistan (the Governments of the Republic of Uzbekistan) or under guarantee of the Republic of Uzbekistan;

b) for which decisions of the President of the Republic of Uzbekistan establish separate procedure for development, conducting examination and approval of projects;

c) implemented according to production sharing agreements;

d) performed by subjects of private entrepreneurship irrespective of financing sources (under condition if it does not contradict the subitem "g" of Item 2 this provision).

Action of this provision also does not extend to projects which at least 70 percent from cost are financed by direct foreign investments, irrespective of rest financing sources (except for the projects specified in the subitem "g" of Item 2 this provision).

4. Irrespective of the requirements established by Items 2 and 3 of this provision, initiators (customers) of projects can bring on voluntary and contractual basis in SUE Center of Complex Examination of Projects and Import Contracts under the Ministry of Economic Development and reducings poverty of the Republic of Uzbekistan (further - the Center) for complex examination of documentation on investment and infrastructure projects.

5. In this Provision the following basic concepts are used:

the initiator (customer) - the state bodies, state-financed organizations, legal entities or physical persons initiating project implementation;

the investment project - the project directed to implementation or investment attraction for receipt of economic, social and other benefits;

the infrastructure project - the project directed to construction, upgrade, reconstruction and expansion of social, road and transport, water management and engineering and communication objects with low profitability or its absence;

the specification on development of the preproject documentation (specification) - the document establishing the main directions of the developed preproject documentation of the project, its technical characteristics, indicators of quality and technical and economic requirements, the instruction on accomplishment of necessary stages of development of documentation and its structure, and also other special requirements;

the developer - the contractor on development of the preproject or project documentation attracted with the initiator (customer) according to acts of the legislation or based on the agreement, having the license for designing of objects in the respective sphere if receipt of the license for implementation of this type of activity is stipulated by the legislation;

the feasibility statement or technical and economic calculation (TEO/TER) - the preproject documentation proving the choice of the most effective technical and technology and organizational solution of project implementation on the basis of consideration of alternative options determining the ceiling price of the project in general and amount of need for financing taking into account the worked precedent conditions of financing;

the working project (WP) - the project document consisting of the approved part with the main technical and economic indicators with the ceiling price and working documentation and also the engineering design combined with working drawings;

working documentation - the project document consisting of set of working drawings on certain buildings and constructions and work types. In case of creation of working documentation on difficult objects the additional studies specifying project materials to which working drawings are developed in general on the building and construction are performed. Calculations (the project scheme) of change of costs of work and expense of the main construction materials shall be given in working documentation, specifications, and on the corresponding types of the equipment and products - dimensional schemes, passports of construction working drawings of the building and construction are constituted. As a rule, working documentation is developed based on TEO/TER of the project approved in accordance with the established procedure;

the international financial institutions (IFI) - the financial and economic institutions founded on the basis of interstate agreements which member is the Republic of Uzbekistan;

the foreign government financial institutions (FGFI) - the foreign government financial institutions performing financing or joint financing of projects in the Republic of Uzbekistan;

the industry scientific and technical council (ISTC) - the collegiate organ created by the decision of bodies of the public and economic board, executive bodies on places, the organizations - initiators of investment projects for determination of the main technical technology solutions of the project regarding compliance to its perspectives of development of industry, taking into account tendencies of development of the world markets, implementation of advanced technologies and profound conversion of domestic raw materials;

strategic minerals - gold, silver, copper, lead, zinc, tungsten, uranium, platinum and platinoids, rare metals and rare-earth elements, iron, manganese, gemstones, hydrocarbons (oil, gas, condensate) and the components containing in them, underground waters of industrial value, coal, combustible slates;

prospecting production - nonindustrial production of precious metals on subsoil plots, including loose gold deposits, on the basis of entrepreneurial risk.

6. Development, conducting complex examination and approval of the preproject documentation is performed according to the scheme specified in appendix No. 1 to this Provision.

Chapter 2. Development of documentation

7. Development of the specification is performed by the initiator (customer). Content and requirements to the specification are established according to appendix No. 2 to this Provision.

8. Development of the preproject and project documentation of projects is performed in the following options:

a) development of TEO/TER of the project with the subsequent development of the working project documentation;

b) development of the working project.

9. Development of TEO/TER of the project is performed by developer based on the approved specification which passed the examination in the Center taking into account study of preliminary sources and financing terms of project implementation.

10. Depending on project sales terms the preproject and project documentation is developed on the basis of one of the following options according to the scheme specified in appendix No. 3 to this Provision:

a) development of the feasibility study with conducting examination by the Center - in case of implementation of investment projects;

b) development of TER with conducting examination by the Center - in case of implementation of infrastructure projects;

c) development of the working project with conducting examination by the organizations having the license for implementation of this type of activity - on the objects of the social sphere, road and transport, water management, engineering and communication and other infrastructure which are under construction using standard and repeatedly applied projects, provided by master plans of settlements irrespective of financing sources.

At the same time other type of development of the preproject and/or project documentation can be determined by separate decisions of the President of the Republic of Uzbekistan.

Chapter 3. Conducting examination

11. For conducting complex examination of documentation initiators (customers) submit to the Center the following documents in electronic form (except for other requirements established by the legislation) with placement them on the Single portal of interactive state services or on electronic information platform of the Center:

a) according to the specification:

the request for conducting complex examination containing the name of the initiator (customer) and the project;

draft of the specification;

protocol of the decision of ONTS on approval of the specification;

b) on project TEO/TER:

the request for conducting complex examination containing the name of the initiator (customer) and the project, cost and financing sources of the project, the list of the documents submitted for conducting complex examination;

TEO/TER of the project with appendix to it of initial materials and documentation according to appendix No. 4 to this Provision;

the conclusion of ONTS on project TEO/TER.

The structure and contents of documentation introduced for examination shall conform to requirements of this provision.

12. The center performs examination:

a) the specification regarding:

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