ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of June 21, 2024 No. 357/Tax Code

About approval of rules of selection of subjects of entrepreneurship for the conclusion of the partner agreement

According to subitem 364-2) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501, I ORDER:

1. Approve the enclosed Rules of selection of subjects of entrepreneurship for the conclusion of the partner agreement.

2. To provide to committee of the state services of the Ministry of digital development, innovations and aerospace industry 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 official Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of June 21, 2024 No. 357/Tax Code

Rules of selection of subjects of entrepreneurship for the conclusion of the partner agreement

Chapter 1. General provisions

1. These rules of selection of subjects of entrepreneurship (further - Rules) are developed for the conclusion of the partner agreement according to subitem 364-2) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501, and determine procedure for selection of subjects of entrepreneurship for the conclusion of the partner agreement.

Chapter 2. Procedure for selection of subjects of entrepreneurship for the conclusion of the partner agreement

2. Selection of subjects of entrepreneurship for the conclusion of the partner agreement (further - selection) is performed by authorized body in the field of rendering the state services (further - authorized body).

3. The subjects of entrepreneurship corresponding to article 11-2 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law), to the requirements to the subject of entrepreneurship for the conclusion of the partner agreement approved by the order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of April 9, 2024 No. 214/Tax Code are allowed to selection (it is registered in the Register of state registration of regulatory legal acts for No. 34250) (further - Requirements).

4. The subject of entrepreneurship applying for the conclusion of the partner agreement submits on Internet resource of The Government for Citizens State corporation (further - the State corporation) the statement in any form (further - the statement) in the Section "Partnership with the State Corporation".

In the statement the subject of entrepreneurship applying for the conclusion of the partner agreement specifies the type of cooperation with the State corporation determined according to the standard partner agreement approved by the order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of April 10, 2024 No. 219/Tax Code (it is registered in the Register of state registration of regulatory legal acts for No. 34248), motives, the purposes and reasons for need of the conclusion with it the partner agreement, and also the obligation on non-admission of decline in quality of rendering services.

5. The state corporation in time, not exceeding 15 (fifteen) working days from the date of placement studies the statement placed on Internet resource of the State corporation regarding compliance to the conditions and Requirements specified in Item 3 of these rules with departure into place if necessary, and creates the reference following the results of studying of the statement (further - the reference).

6. Selection on cooperation by transfer to trust management of service center of the population of the State corporation (further - TsON) is performed on competitive basis according to the legislation of the Republic of Kazakhstan on public procurements taking into account Items 7, of 8, of 11, of 17 and 18 these rules.

7. In the tender documentation are specified:

1) total cost of the partner agreement on transfer of TsON to trust management;

2) terms and payment amount for the partner organization;

3) conditions of exposure and elimination of claims;

4) the size and conditions of collection of penalties for untimely or low-quality obligation fulfillment under the partner agreement;

5) compensations in case of causing damage to personnel or property of the State corporation;

6) compensations in case of the claims of the third party caused by untimely or low-quality rendering services in reception of applications on rendering the state services and issue of results;

7) procedure for return of TsON of the State corporation in case of termination of the partner agreement signed with the partner organization.

8. In case of the address for the conclusion of the partner agreement on cooperation by transfer to trust management of TsON no more than one subject of entrepreneurship the partner agreement consists with this subject of entrepreneurship.

9. For the purpose of selection under authorized body the Commission on selection of subjects of entrepreneurship for the conclusion of the partner agreement is created (further - the Commission).

10. The state corporation within 5 (five) working days after the expiration specified in Item 5 of these rules represents the reference on commission session.

11. Discrepancy to requirements of article 11-2 of the Law and to Requirements, are the bases for refusal in selection with the State corporation.

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