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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of November 7, 2003 No. 486

About the strategic plan of privatization of medium and large enterprises and restructuring of subjects of natural monopolies and especially large enterprises for 2003-2013

(as amended on 29-12-2012)

For the purpose of acceleration of process of privatization and broader investment attraction the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Strategic plan of privatization of medium and large enterprises and restructurings of subjects of natural monopolies and especially large enterprises for 2003-2013.

2. To provide to the state committee on investments and management of state-owned property of the Republic of Tajikistan sale 100 percent of shares of the remained joint-stock companies, and also joint-stock companies which will be created based on the state companies during 2010-2012, according to the Items "and" and "b" of the Section II of the Strategic plan.

3. To heads of the ministries and departments, companies and organizations of the Republic of Tajikistan to provide timely provision to the State committee on investments and management of state-owned property of the Republic of Tajikistan necessary documentation on objects, privatizeable according to requirements of this Strategic plan.

4. No. 457 "About creation of technological bases and certification of technical condition of the car on motor transport" and Item 2 of the order of the Government of the Republic of Tajikistan of July 5, 1999 No. 287 "About modification and amendments in some orders of the Government of the Republic of Tajikistan" to exclude Item 3 of the order of the Government of the Republic of Tajikistan of November 9, 2000.

5. Recognize invalid the following orders of the Government of the Republic of Tajikistan:

the order of the Government of the Republic of Tajikistan of October 27, 1998 No. 418 "About approval of the state companies, privatizeable on individual projects";

the order of the Government of the Republic of Tajikistan of July 26, 1999 No. 326 "About entering of amendments into the order of the Government of the Republic of Tajikistan of August 28, 1997 No. 388 "About objects, not privatizeable, and objects, privatizeable according to the decision of the Government of the Republic of Tajikistan";

the order of the Government of the Republic of Tajikistan of February 3, 2000 No. 47 "About entering of amendments into the order of the Government of the Republic of Tajikistan of August 28, 1997 No. 388 "About objects, not privatizeable, and objects, privatizeable according to the decision of the Government of the Republic of Tajikistan";

the order of the Government of the Republic of Tajikistan of June 19, 2000 No. 257 "About entering of amendments into the order of the Government of the Republic of Tajikistan of August 28, 1997 No. 388 "About objects, not privatizeable, and objects, privatizeable according to the decision of the Government of the Republic of Tajikistan";

the order of the Government of the Republic of Tajikistan of March 4, 2002 No. 82 "About approval of the Strategic plan of privatization of the state companies, privatizeable on individual projects for 2002-2004";

the order of the Government of the Republic of Tajikistan of April 30, 2002 No. 189 "About entering of amendments into the order of the Government of the Republic of Tajikistan of August 28, 1997 No. 388 "About objects, not privatizeable, and objects, privatizeable according to the decision of the Government of the Republic of Tajikistan";

the order of the Government of the Republic of Tajikistan of July 4, 2002 No. 295 "About approval of the Strategic plan of privatization of objects of state-owned property for 2002-2004";

the order of the Government of the Republic of Tajikistan of August 31, 2002 No. 352 "About entering of amendments into the order of the Government of the Republic of Tajikistan of August 28, 1997 No. 388 "About objects, not privatizeable, and objects, privatizeable according to the decision of the Government of the Republic of Tajikistan".

 

Prime Minister

Republic of Tajikistan E.Rakhmonov

Approved by the order of the Government of the Republic of Tajikistan of November 7, 2003, No. 486

The strategic plan of privatization of medium and large enterprises and restructuring of subjects of natural monopolies and especially large enterprises for 2003-2013

The strategic plan of privatization of medium and large enterprises and restructuring of subjects of natural monopolies and especially large enterprises for 2003-2013 determines comprehensive measures of policy of the Government of the Republic of Tajikistan in the field of privatization of medium and large enterprises with determination of the list of the companies, subjects according to privatization or restructuring, the guidelines of carrying out and the schedule of privatization of all medium and large state scale enterprises.

I. Purposes and tasks of the strategic plan

Main goal of this Strategic plan is step-by-step privatization of all medium and large enterprises until the end of 2012 for further deepening of the market transformations which are carried out by the Government of the Republic of Tajikistan, creation of necessary conditions for more dynamic private sector development, for forming of modern forms of managing, attraction of domestic and foreign investments in national economy, market grouping of securities and increase in efficiency of use of assets of the companies, reduction of load of the government budget, creation of new workplaces and increase in the employment level.

Achievement of the specified purposes will be performed within the structural transformations which are carried out by the Government of the Republic of Tajikistan based on the principles of transparency, openness and competitiveness.

The key constituting strategy of the Government of the Republic of Tajikistan in the field of privatization preserving balance between efficiency, transparency and proper diligence, and also use of each of components for reinforcement of two others is.

For achievement of the specified purposes in the sphere of privatization during 2003-2013 the following main objectives shall be solved:

- completion of privatization of large and medium scale enterprises;

- restructuring of subjects of natural monopolies and especially large enterprises with their possible subsequent privatization;

- enhancement of regulatory framework;

- ensuring publicity and transparency of process of privatization.

These strategic problems will be solved step by step in the terms specified in Table 1:

 

Table 1

----------+------+---------------------------------------------------+
¦ Этапы ¦ Годы ¦ Задачи ¦
+---------+------+---------------------------------------------------+
¦ Этап I ¦ 2003 ¦ 1. Совершенствование существующих и принятие ¦
¦ ¦ ¦ необходимых нормативно-правовых актов. ¦
¦ ¦ ¦ 2. Создание необходимых условий для обеспечения ¦
¦ ¦ ¦ гласности и прозрачности процесса приватизации. ¦
¦ ¦ ¦ 3. Анализ и подготовка предприятий подлежащих ¦
¦ ¦ ¦ приватизации в 2004г. ¦
+---------+------+---------------------------------------------------+
¦ Этап II ¦ 2004 ¦ 1. Завершение приватизации 110 средних и крупных ¦
¦ ¦ ¦ предприятий. ¦
¦ ¦ ¦ 2. Подготовка проектов по реструктуризации субъ- ¦
¦ ¦ ¦ ектов естественных монополий и особо крупных ¦
¦ ¦ ¦ предприятий ¦
¦ ¦ ¦ 3. Анализ и подготовка предприятий, подлежащих ¦
¦ ¦ ¦ приватизации в 2005г. ¦
+---------+------+---------------------------------------------------+
¦Этап III ¦ 2005 ¦ 1. Завершение приватизации 138 средних и крупных ¦
¦ ¦ ¦ предприятий. ¦
¦ ¦ ¦ 2. Подготовка проектов по реструктуризации субъ- ¦
¦ ¦ ¦ ектов естественных монополий и особо крупных ¦
¦ ¦ ¦ предприятий. ¦
¦ ¦ ¦ 3. Анализ и подготовка предприятий, подлежащих ¦
¦ ¦ ¦ приватизации в 2006г. ¦
+---------+------+---------------------------------------------------+
¦ Этап IV ¦ 2006 ¦ 1. Завершение приватизации 144 средних и крупных ¦
¦ ¦ ¦ предприятий. ¦
¦ ¦ ¦ 2. Подготовка индивидуальных проектов по субъ- ¦
¦ ¦ ¦ ектам естественных монополий и особо крупным ¦
¦ ¦ ¦ предприятиям. ¦
¦ ¦ ¦ 3. Анализ и подготовка предприятий, подлежащих ¦
¦ ¦ ¦ приватизации в 2007г. ¦
+---------+------+---------------------------------------------------+
¦ Этап V ¦ 2007 ¦ 1. Завершение приватизации 67 средних и крупных ¦
¦ ¦ ¦ предприятий. ¦
¦ ¦ ¦ 2. Реструктуризация субъектов естественных моно- ¦
¦ ¦ ¦ полий и особо крупных предприятий. ¦
+---------+------+----------------------------------------------------

________________________________________________________________

Privatization is considered the complete ambassador of official assignment of rights of property in case of receipt of payment for the privatized property in full.

The list of medium and large enterprises (appendices 1, of 2, of 3) which are subject according to privatization or restructuring according to the rules provided in this Strategic plan is its integral part.

All medium and large enterprises, privatizeable, are allocated in three primary groups:

a) medium and large enterprises which privatization is performed on biddings by the English method according to the list with breakdown by years (Appendix 1);

b) medium and large enterprises which privatization is performed on investment tenders according to the list with breakdown by years (Appendix 2).

With interest from investors the state body allocated with the Government the right to manage state-owned property can privatize every year the companies, privatizeable in other year, than that which is provided in Appendix 1 and Appendix 2. At the same time the number of the companies privatized within every year shall not be less, than is specified in Table 1;

c) in addition to the companies given in Appendices 1 and 2, other state companies which will be transformed to public joint stock companies in 2003-2007 are privatized according to the rules established in Sections II and III of this Strategic plan;

d) the companies relating to subjects of natural monopolies and especially large enterprises having strategic importance for economy of the Republic of Tajikistan (Appendix 3).

II. Procedure for privatization of the companies given in appendices 1 and 2 of the strategic plan

a) the companies specified in appendices 1 and 2, and also joint-stock companies which are created during 2010-2012 are offered for auction for the English method with the starting price according to the established legislation of the Republic of Tajikistan rather;

b) the companies specified in appendices 1 and 2 and the joint-stock companies created during 2010-2012 which are not realized at auction for the English method during 35 banking days from the date of holding the auction are exposed on the investment tender with the starting price in the amount of 50 percent from the starting price exposed at auction for the English method;

c) in relation to the companies which are not implemented on the investment tender, the authorized body of the Republic of Tajikistan on management of state-owned property during 60 banking days from the date of carrying out the investment tender begins application of insolvency proceeding according to procedure stipulated by the legislation the Republic of Tajikistan;

d) in case the statement for recognition of the company by the bankrupt is rejected by court, the authorized body of the Republic of Tajikistan on management of state-owned property during 60 banking days from the date of decision of court starts liquidation procedure of the company according to the current legislation of the Republic of Tajikistan;

e) assignment of rights of property to the buyer concerning the companies sold at auction is performed after payment of all amount for the redeemed property according to the procedure established by the legislation of the Republic of Tajikistan;

e) assignment of rights of property to the buyer concerning the companies sold on investment tenders is performed after two years according to the procedure established by the legislation of the Republic of Tajikistan after payment of all amount for the redeemed property and accomplishment of tender obligations;

ё) The government of the Republic of Tajikistan will approve the resolution on modification and amendments in regulations on procedure for sale of objects of state-owned property at auctions and tenders. In case of need the Government of the Republic of Tajikistan will develop offers on modification and amendments in other regulatory legal acts and will provide to legislature.

Power on decision making about realization at auctions and investment tenders of the companies determined in appendices 1 and 2, and implementation of the blocks of shares of joint-stock companies belonging to the state is assigned to the State committee on investments and management state by property of the Republic of Tajikistan.

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