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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 2, 2006 No. 1042

About approval of Rules of determination of scientific centers with the international participation for non-paid provision of the parcels of land in property

(as amended on 20-12-2013)

According to the Land code of the Republic of Kazakhstan of June 20, 2003 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of determination of scientific centers with the international participation for non-paid provision of the parcels of land in property.

2. This resolution becomes effective after ten calendar days after the first official publication.

Prime Minister of the Republic of Kazakhstan

D. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of November 2, 2006 No. 1042

Rules of determination of scientific centers with the international participation for non-paid provision of the parcels of land in property

General provisions

1. Rules of determination of scientific centers with the international participation in property (further - Rules) are developed for non-paid provision of the parcels of land according to the Land code of the Republic of Kazakhstan of June 20, 2003 and establish procedure for determination of scientific centers with the international participation by which the parcels of land in property are provided on a grant basis (further - the centers).

2. The parcels of land are provided in property to scientific centers with the international participation on a grant basis on purpose:

supports of development of the new technologies oriented to release of competitive products in the corresponding industries of economy and production in the world market;

forming of flexible system of retraining of personnel according to the needs of industries of economy and production for perspective clusters;

developments in the country of branches international educational institution, conforming to international standards.

3. Scientific centers with the international participation by which the parcels of land in property are provided on a grant basis are determined by the central executive body of the Republic of Kazakhstan performing management in scientific and scientific and technical activities (further - authorized body).

4. For the purpose of objective and competent determination of the specified centers under authorized body the Commission on determination of scientific centers with the international participation by which the parcels of land are provided on a grant basis (further - the Commission) is created. The structure and Regulations on the Commission affirm the order of the head of authorized body.

5. The Commissions are included representatives of authorized state body, and also the interested state bodies, legal entities (the state companies and the organizations with participation of the state in the authorized capital).

Procedure for determination of scientific centers

6. For determination of the center as the parcel of land having the right in property on a grant basis, its compliance to the following criteria is required:

1) the legal entity created in form of business of joint-stock company or limited liability partnership with the authorized capital at least 50000 monthly settlement indicators where as the shareholder (cofounder) there is foreign organization, the block of shares (share) of which shall constitute at least 25% of the authorized capital of joint-stock company (limited liability partnership), with preserving controlling stock (the majority of share) behind the Kazakhstan side;

2) availability of the concept of development of the center answering the purpose of provision of the parcel of land, approved by the decision of the highest scientific and technical commission (further - VNTK) under the Government of the Republic of Kazakhstan (further - the concept);

3) implementation by the center of activities for the priority directions of the state scientific, scientific and technical and innovative policy;

4) compliance of activities of the center to the most perspective and effective directions of the international sci-tech cooperation determined by VNTK under the Government of the Republic of Kazakhstan;

5) participation of specialists of the center in development of forecasts and strategy of development of fundamental and applied science and equipment of the Republic of Kazakhstan;

6) participation of the center in implementation of the state and industry programs approved by the President or the Government of the Republic of Kazakhstan;

7) security of the center with material, financial and personnel resources, including availability of qualified scientific personnel in number of at least 5 doctors of science, including Ph.D (the doctor of philosophy), in the corresponding direction.

7. The centers corresponding to the criteria determined in Item 6 of these rules, and applying for provision of the parcel of land by it in property on a grant basis submit the following documents to authorized body:

1) the statement in the form approved by authorized body;

2) notarized copies of constituent documents and certificate * or certificate of state registration (re-registration) of the center.

Note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity;

3) copy of the decision of authorized body on accreditation of the center;

4) the list of the scientific developments confirmed with publications and patents;

5) the original of the reference of the established form of the relevant tax authority of lack (availability) of tax debt of the taxpayer, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments across the Republic of Kazakhstan;

6) the certificate of availability or lack of the parcels of land in property issued by authorized body on land relations;

7) the concept and other documents containing data on compliance of activities of the center to the criteria determined in Item 6 of these rules.

The purpose of use of the parcel of land, its expected sizes, location are specified in the statement.

In the concept expected objects, amounts and sources of financing of the created center, types of service, types and outputs are reflected.

8. The term of consideration of documents from the moment of their acceptance and before adoption of the relevant decision of authorized body does not exceed thirty calendar days.

9. Consideration of the submitted documents is performed on commission sessions. Following the results of consideration the Commission recommends:

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