ORDER OF THE MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2023 No. 98

About approval of Rules of rendering the state service "Conclusion of the Supplementary Agreement about Change of the Contract for Subsurface Use"

According to Items 12, of 13, of 14, of the 16th article 278 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1. Approve the enclosed Rules of rendering the state service "Conclusion of the Supplementary Agreement about Change of the Contract for Subsurface Use" according to appendix to this order.

2. To provide to department of subsurface use on solid minerals of the Industry ministry and construction of the Republic of Kazakhstan:

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 Industry ministry and construction of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.

4. This order becomes effective after sixty calendar days from the date of its first official publication.

Appendix

to the Order of the Minister of Industry and construction of the Republic of Kazakhstan of November 30, 2023 No. 98

Rules of rendering the state service "Conclusion of the Supplementary Agreement about Change of the Contract for Subsurface Use"

Chapter 1. General provisions

1. These rules of rendering the state service "The Conclusion of the Supplementary Agreement to Contracts for Subsurface Use" (further – Rules) are developed according to Items 12, of 13, of 14, of the 16th article 278 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further – the Code) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for rendering the state service in case of the conclusion of the supplementary agreement to contracts for subsurface use (further – the state service). These rules extend to the contracts for subsurface use signed before enforcement of the Code.

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

1) uslugopoluchatel – physical persons and legal entities, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts;

2) the service provider – the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts, and also the physical persons and legal entities rendering the state services according to the legislation of the Republic of Kazakhstan.

3. The service provider within 3 (three) working days from approval date or change of the subordinate regulatory legal act determining procedure for rendering the state service staticize information on procedure for its rendering and sends to the operator of information and communication infrastructure of "the electronic government" and to Single contact center.

Chapter 2. Procedure for rendering the state service in case of the conclusion of changes and amendments in the contract for subsurface use

4. The state service appears the Industry ministry and constructions of the Republic of Kazakhstan (further – the service provider).

5. The list of the main requirements to rendering the state service including the name of the state service, the name of the service provider, methods of provision of the state service, term of rendering the state service, form of rendering the state service, result of rendering the state service, the amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan, the working schedule of the service provider, the State corporation and subjects of information, the list of the documents and data requested at uslugopoluchatel for rendering the state service, the basis for refusal in rendering the state service, the established by the laws of the Republic of Kazakhstan and also other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation are stated in the List of the main requirements to rendering the state service "Conclusion of the Supplementary Agreement about Change of the Contract for Subsurface Use" in solid minerals (further – the List) according to appendix 1 to these rules.

6. Uslugopoluchatel gives by means of single platform of subsoil users "Minerals.gov.kz" (further – EPN "Minerals.gov.kz") or provides in office of the service provider the statement for introduction of amendments to the contract for subsurface use (for consideration of commission of experts) in form, according to appendix 2 to these rules (in which the offered changes in the contract, their reasons and other data necessary for decision making according to the statement are stated) and the documents specified in the subitem 1) of Item 8 of the List.

Reception of an application and documents is performed according to the working schedule. Confirmation of adoption of the statement and documents is registration (stamp, the entering number and date) in office of the service provider, with indication of surname, name, middle name (in case of its availability) person who adopted the statement with the enclosed documents.

7. The service provider checks completeness and reliability of the submitted documents in compliance with the requirements established by these rules within 3 (three) working days from the date of registration of a statement.

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