RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 4, 2024 No. 650

About measures for implementation of the Law of the Republic of Belarus of January 8, 2024 No. 350-Z "About change of the Law of the Republic of Belarus "About investments"

Based on Item 3 of Article 4, of article 5 of the Law of the Republic of Belarus of January 8, 2024 "About change of the Law of the Republic of Belarus "About investments" the Council of Ministers of the Republic of Belarus DECIDES: No. 350-Z

1. Approve:

Regulations on procedure for the conclusion, change and termination of investment agreements (are applied);

The regulations on procedure for decision making on inclusion of the investment project in the list of preferential investment projects and on exception of it, on prolongation of term of implementation of the preferential investment project (are applied);

The regulations on procedure for carrying out tenders at the choice of the investor (investors) for the conclusion of the investment agreement, at the choice of the legal entity or the individual entrepreneur for implementation of the preferential investment project (are applied);

The regulations on procedure for carrying out tender on implementation of the investment project within the special investment agreement (are applied);

The regulations on procedure, the size and conditions of compensation to the investor (investors) and (or) the implementing organization of costs (part of the costs) connected with creation of objects (their parts) of the main engineering infrastructure, distribution engineering infrastructure and distribution transport infrastructure (are applied);

The regulations on procedure for compensation to the Republic of Belarus of the amounts of the privileges and (or) preferences provided in connection with the conclusion of the investment agreement or implementation of the preferential investment project, release from compensation, provision of payment by installments (delay) of compensation to the Republic of Belarus of the amounts of the privileges and (or) preferences provided in connection with the conclusion of the investment agreement, exemption, provision of payment by installments (delay) of payment of the penalty (penalty, penalty fee) provided by the investment agreement (are applied);

The regulations on procedure for coordination of the inventory (works, services), the property rights acquired in the territory of the Republic of Belarus (imported on the territory of the Republic of Belarus) and used for construction, equipment of the objects provided by the investment agreement or the preferential investment project (are applied);

The regulations on procedure for sale of not preserved object of construction in progress from the public biddings (are applied);

The regulations on procedure for maintaining the State register of investment agreements, the list of preferential investment projects, including provision of data from them (are applied);

The regulations on procedure and the amount of rendering the state financial support in the form of provision of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of separate administrative and territorial units (are applied);

The regulations on procedure for forming of the list of the investment projects applying for rendering the state financial support in the form of provision of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of separate administrative and territorial units (are applied).

2. Determine:

the list of administrative and territorial units in the territory of which features of the conclusion of investment agreements are established, provisions of privileges and (or) preferences, other measures of the state support in case of implementation of investment projects, according to appendix 1 (further – the list of certain regions);

conditions (criteria) to which there shall correspond the investment project applying for support in the form of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of separate administrative and territorial units according to appendix 2.

3. For the purposes of this resolution terms are used in values according to appendix 3.

4. Grant the right to explain questions of application of this resolution and resolution of Council of Ministers of the Republic of Belarus of July 19, 2016 to No. 563 "About implementation of investment projects within separate investment agreements":

4.1. To the Ministry of Economics – regarding questions:

the conclusions, changes, the terminations of investment agreements, including by development of approximate forms of the investment agreement;

decision makings about inclusion of the investment project in the list of preferential investment projects and about exception of it, about prolongation of term of implementation of the preferential investment project;

maintaining the State register of investment agreements, list of preferential investment projects;

carrying out tenders at the choice of the investor (investors) for the conclusion of the investment agreement, at the choice of the legal entity or the individual entrepreneur for implementation of the preferential investment project, on implementation of the investment project within the special investment agreement;

compensations, releases from compensation, provision of payment by installments (delay) of compensation of the amounts of the privileges and (or) preferences provided in connection with the conclusion of the investment agreement or implementation of the preferential investment project, exemption, provision of payment by installments (delay) of payment of the penalty (penalty, penalty fee) provided by the investment agreement;

rendering the state financial support in the form of provision of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of separate administrative and territorial units (together with the Ministry of Finance);

forming of the list of the investment projects applying for rendering the state financial support in the form of provision of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of separate administrative and territorial units;

4.2. To the State Customs Committee – regarding the questions relating to the sphere of customs regulation;

4.3. To the Ministry of Taxes and Tax Collection – regarding the questions relating to the sphere of the taxation;

4.4. To the state committee on property – regarding the questions relating to the sphere of land relations, and also procedure for sale of not preserved object of construction in progress from the public biddings;

4.5. To the Ministry of Architecture – regarding the questions relating to the sphere of architectural and construction activities;

4.6. To the Ministry of Natural Resources and Environmental Protection – regarding questions of environmental protection and rational use of natural resources.

5. The republican state bodies, other organizations subordinated to Council of Ministers of the Republic of Belarus, Administration of the President of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus regional (The Minsk city) the executive committees which signed investment contracts quarterly to the 20th following the accounting period provide in the Ministry of Economics information on the course of implementation of investment projects within investment agreements and accomplishment of conditions of investment agreements by the parties.

The regional executive committees, executive committees of basic territorial level (except for the Minsk city executive committee) which made the decision on inclusion of the investment project in the list of preferential investment projects quarterly to the 20th following the accounting period provide information on the course of implementation of preferential investment projects in the Ministry of Economics.

6. The Ministry of Economics quarterly to the 30th following the accounting period sends information specified in Item 5 of this resolution to Council of Ministers of the Republic of Belarus and the State Control Committee.

7. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 4.

8. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 5.

9. This resolution becomes effective after its official publication.

 

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of September 4, 2024 No. 650

The list of administrative and territorial units in the territory of which features of the conclusion of investment agreements, provisions of privileges and (or) preferences, other measures of the state support in case of implementation of investment projects are established

Industrial centers	Industrial and agrarian and industrial districts	Agrarian areas	Nature protection and tourist and recreational areas
Brest region
City of Baranovichi and Baranovichi district, city of Pinsk and Pinsk district, Kobrinsky district	Berezovsky, Zhabinkovsky, Luninetsky, Ivanovo, Ivatsevichsky, Stolinsky districts	Gantsevichsky, Drogichinsky, Lyakhovichsky, Maloritsky districts	Kamenetsky, Pruzhansky districts
Vitebsk region
City of Novopolotsk, Orshansky, Polotsk, Gluboksky districts	Verkhnedvinsky, Lepelsky, Postavsky, Tolochinsky, Chashniksky, Shumilinsky districts	Beshenkovichsky, Gorodoksky, Dubrovensky, Dokshitsky, Lioznensky, Miorsky, Rossonsky, Sennensky, Ushachsky, Sharkovshchinsky districts	Braslavsky district
Gomel region
Mazyr, Zhlobinsky, Recyca, Svetlogorsk, Petrikovsky districts	Buda-Koshelevsky, Dobrushsky, Elsky, Zhitkovichsky, Kalinkovichsky, Lelchitsky, Narovlyansky, Rogachevsky, Hoyniksky districts	Braginsky, Vetkovsky, Kormyansky, Loyevsky, October, Chechersky districts	–
Grodno region
Lidsky, Ostrovetsky districts	Volkovyssky, Dyatlovsky, Mostovsky, Novogrudsky, Oshmyansky, Slonim, Smorgon, Shchuchinsky districts	Berestovitsky, Voronovsky, Zelvensky, Ivyevsky, Korelichsky, Svislochsky districts	–
Minsk region
Borisovsky, Molodechnensky, Soligorsk, Slutsk districts	Vileysky, Volozhinsky, city of Zhodino, Dzerzhinsky, Kletsky, Krupsky, Lyubansky, Nesvizhsky, Pukhovichsky, Smolevichsky, Stolbtsovsky areas	Berezinsky, Kopylsky, Starodorozhsky, Uzdensky, Chervensky districts	Logoysky, Myadelsky districts
Mogilev region
City of Babruysk and Babruysk district, Krichevsky district	Bykhovsky, Glussky, Gorecki, Klimovichsky, Kostyukovichsky, Osipovichsky, Shklovsky districts	Belynichsky, Dribinsky, Kirov, Klichevsky, Krasnopolsky, Kruglyansky, Mstislavsky, Slavgorod, Hotimsky, Chaussky, Cherikovsky districts	–

 

Appendix 2

to the Resolution of Council of Ministers of the Republic of Belarus of September 4, 2024 No. 650

Conditions (criteria) to which there shall correspond the investment project applying for support in the form of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of separate administrative and territorial units

1. The investment project applying for rendering the state financial support in the form of provision of the budget transfers on compensation of part of costs according to the investment projects realized in the territory of certain regions (further, unless otherwise specified, – the budget transfers), shall correspond to priority types of activity (sectors of economy) for implementation of investments, and also in total to the following conditions:

1.1. the investment project is implemented in the territory of the administrative and territorial units included in the list of certain regions;

1.2. the dynamic payback period of investments planned in the business plan of the investment project does not exceed the period including the weighted average normative service life of the machines and the equipment planned to acquisition within implementation of the investment project and the period since the beginning of investment of investments before input of object (objects) of implementation of investments into operation;

1.3. the value of internal return rate planned in the business plan of the investment project according to the investment project exceeds value of discount rate;

1.4. the value added planned in the business plan of the investment project counting on one average worker told from the legal entity in general or from the investment project on condition of conducting separate financial accounting on it following the results of the calendar year following after year of achievement by object (objects) of implementation of investments of design capacity, not below the threshold values of annual value added counting on one average worker by types of economic activity determined by Council of Ministers of the Republic of Belarus at the time of conducting the state complex examination of this investment project.

2. In addition to the conditions listed in Item of 1 this appendix, the investment projects applying for rendering the state financial support in the form of provision of the budget transfers shall correspond to criterion of the social or economic importance.

The investment project is recognized corresponding to criterion of the social importance in case of simultaneous accomplishment of the following conditions:

the average monthly salary of workers of the legal entity planned in the business plan of the investment project following the results of the calendar year following after year of achievement by object (objects) of implementation of investments of design capacity exceeds the nominal added average monthly salary on main type of economic activity in the year preceding year of conducting the state complex examination of this investment project;

the average number of workers of the legal entity planned in the business plan following the results of the calendar year following after year of achievement by object (objects) of implementation of investments of design capacity constitutes:

51 and more persons – for the legal entities realizing investment projects in the territory of the industrial centers established in the list of certain regions;

16 and more people – for the legal entities realizing investment projects in the territory of the industrial, agrarian and industrial, agrarian, nature protection and tourist and recreational districts established in the list of certain regions.

The investment project is recognized corresponding to criterion of the economic importance if the proceeds from sales of products, goods, works, services planned in the business plan of the investment project less the value added tax estimated from proceeds from sales of goods, works, services (further – revenue excluding tax on value added) on the legal entity following the results of the calendar year following after year of achievement by object (objects) of implementation of investments of design capacity constitute:

at least 450 000 basic sizes for January first of year of conducting the state complex examination of this investment project – according to the investment projects realized in the territory of the industrial centers;

at least 1 percent of proceeds from sales of products, goods, works, services less the value added tax estimated from proceeds from sales of goods, works, services in administrative and territorial unit in the year preceding year of conducting the state complex examination of this investment project – according to the investment projects realized in the territory of industrial, agrarian and industrial, agrarian, nature protection and tourist and recreational districts.

3. Inclusion in the list of the investment projects financed with attraction of financial resources is not allowed:

3.1. republican and (or) the local budgets including realized with support in the form of the budget transfers on compensation of part of costs according to investment projects within other legal acts, the state trust budget and (or) off-budget funds;

3.2. the external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus;

3.3. the loans of the banks of the Republic of Belarus attracted under guarantees of the Government of the Republic of Belarus, local executive and administrative organs, and also the credits on which of means republican and (or) local budgets compensation of losses of bank, "Development Bank of the Republic of Belarus" open joint stock company from loan granting on favorable terms, compensation (payment) of percent (provision of subsidies for interest payment) for use of the credits or their parts is performed.

Note. For the purposes of assessment of accomplishment of the conditions and criteria provided in Items 1 and 2 of this appendix if the business plan of the investment project is calculated in foreign currency, recalculation of its indicators is performed by their multiplication by the average foreign exchange rate, used in the business plan of the investment project for the accounting period (calculated as average geometrical size) for which assessment is carried out. The average rate is determined based on open data of National Bank.

 

Appendix 3

to the Resolution of Council of Ministers of the Republic of Belarus of September 4, 2024 No. 650

List of terms and their determinations

1. Loan resources – the credits of banks, "Development Bank of the Republic of Belarus" open joint stock company and (or) funds, raised by sale of bonds of the legal entity realizing the investment project, to banks and (or) "Development Bank of the Republic of Belarus" open joint stock company.

2. Design capacity – products annual production planned to achievement in the business plan of the investment project.

3. Authorized state body – republican state body, other organization subordinated to Council of Ministers of the Republic of Belarus, the exercising regulation and control in certain industry (field of activity).

4. The terms "investment agreement", "investment project", "investor", "implementing organization", "preferential investment project", "special investment agreement", "authorized body" are used in the values determined in article 1 of the Law of the Republic of Belarus of July 12, 2013 No. 53-Z "About investments".

5. The terms "construction", "engineering infrastructure", "capital repairs", "main engineering infrastructure", "construction object", "contractor", "preproject (pre-investment) documentation", "project documentation", "developer of the project documentation", "distribution engineering infrastructure", "construction activities (construction)", "transport infrastructure", "operational organization" are used in the values determined in Item 1 of article 1 of the Code of the Republic of Belarus on architectural, town-planning and construction activities.

 

Appendix 4

to the Resolution of Council of Ministers of the Republic of Belarus of September 4, 2024 No. 650

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. To state subitem 5.3.9 of Item 5 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967, in the following edition:

"5.3.9. in the field of investment agreements and preferential investment projects:

develops and introduces in Council of Ministers of the Republic of Belarus offers on determination of procedure for the conclusion, change, termination of investment agreements and their state registration in the State register of investment agreements;

approves drafts of decisions of Council of Ministers of the Republic of Belarus on the conclusion of investment agreements and legal acts of the President of the Republic of Belarus concerning implementation of investment projects;

provides consideration according to the legislation in the sphere of investments of requests regarding possibility of financing of compensation to the investor (investors) initiating the conclusion of the investment agreement, and (or) the implementing organization of costs (part of the costs) connected with creation of objects (their parts) of the main engineering infrastructure, distribution engineering infrastructure and distribution transport infrastructure at the expense of means of the republican budget within the state investing program;

keeps the State register of investment agreements, the list of preferential investment projects;

develops and brings in Council of Ministers of the Republic of Belarus suggestions for improvement of procedure for decision making concerning preferential investment projects and entering of records into the list of preferential investment projects;

prepares and sends to Council of Ministers of the Republic of Belarus and the State Control Committee information on the course of implementation of preferential investment projects, and also investment projects within investment agreements and accomplishment of conditions of investment agreements by the parties;

creates regarding the provisions regulating implementation of investments, line item according to drafts of international treaties on protection and encouragement of investments, free trade;

develops and brings suggestions for improvement of procedure for dispute settlement (disagreements) between the Republic of Belarus and investors arising when implementing investments in Council of Ministers of the Republic of Belarus;".

2. In the resolution of Council of Ministers of the Republic of Belarus of June 24, 2009 No. 825 "About measures for implementation of the Presidential decree of the Republic of Belarus of April 4, 2009 No. 175":

2.1. in Item 1:

to exclude the word "enclosed" from paragraph one;

to add paragraphs of the second or seventh with the word "(is applied)";

2.2. in the text of the resolution of the word of Customs union shall be replaced with words Eurasian Economic Union;

2.3. in the form of the conclusion issued by the Industry ministry, confirmatory that import of processing equipment (accessories and spare parts to it) on the territory of the Republic of Belarus is performed for production of the cars classified in goods item 8703 single Commodity nomenclatures of foreign economic activity of the Customs union, the organization which signed the agreement on conditions of production of cars, for the purposes of release from import customs duties, approved by this resolution, the fifth and sixth to state offers in the following edition:

"Date of state registration of the investment agreement (in case of its availability) in the State register of investment agreements, the identification number _____________________________________________________ assigned to it

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

________________________________________, effective period of the investment agreement ____________________________________________________________________________.

Date and number of the decision on inclusion of the investment project in the list of preferential investment projects (in case of its availability) _____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

___________________________________________________________________________.".

3. In the resolution of Council of Ministers of the Republic of Belarus of July 12, 2013 No. 608 "About carrying out the electronic biddings":

3.1. state preamble in the following edition:

"Based on subitem 1.6 of Item 1 of the Presidential decree of the Republic of Belarus of May 5, 2009 No. 232 "About some questions of holding auctions (tenders)", the paragraph of the eleventh subitem 1.2 of Item 1 of article 10 of the Law of the Republic of Belarus of July 12, 2013 "About investments" the Council of Ministers of the Republic of Belarus DECIDES: No. 53-Z";

3.2. in Regulations on the procedure for carrying out the electronic biddings approved by this resolution:

to add Item 1 part one after paragraph two with the paragraph of the following content:

"not preserved object of the construction in progress sold according to Item 3 of article 40 of the Law of the Republic of Belarus "About investments" in case of the termination of the investment agreement (further – not preserved object of construction in progress);";

the paragraph one of Item 2 to state in the following edition:

"2. For the purposes of this provision terms and their determinations in the values established in article 1 of the Law of the Republic of Belarus "About investments" and appendix 1 to the Presidential decree of the Republic of Belarus of March 24, 2021 No. 116 "About alienation of apartment houses in the rural zone and enhancement of work with the empty houses" and also the following terms and their determinations are used:";

add Item 3 with subitem 3.1-1 of the following content:

"3.1-1. not preserved object of construction in progress;";

to add part one of subitem 6.4 of Item 6 after the paragraph of the sixth with the paragraph of the following content:

"not preserved object of construction in progress;";

to add Item 10 part one after figures "55" with figures ", 62-13";

to add part one of Item 18 with the paragraph of the following content:

"not preserved object of construction in progress – in the printing mass media determined by Council of Ministers of the Republic of Belarus and on the official sites of regional executive committees, the Minsk Gorispolkom, State committee on property and public institution "National agency of investments and privatization" on the global computer Internet.";

to add Item 20 after part nine with part of the following content:

"When carrying out the electronic biddings selling not preserved object of construction in progress in information placed on electronic trading platform in addition are specified:

information on the parcel of land for completion of construction and servicing of not preserved object of construction in progress (type of the right to the parcel of land specified in the decision on withdrawal of the parcel of land for carrying out the electronic biddings and provision to the winner of the electronic biddings or the applicant for purchase, the area, and also lease term of the parcel of land in case of sale of the right of lease of the parcel of land, condition of its provision);

information on possibility of provision of payment by installments of introduction of payment for the parcel of land or for the right of lease of the parcel of land;

terms of agreement signature of purchase and sale of not preserved object of construction in progress and the lease agreement of the parcel of land (in case of sale of the right of lease of the parcel of land).";

the fourth and fifth Item 38 parts one after words of "not preserved capital structures" and "servicing" to add paragraphs respectively with words ", not preserved object of construction in progress" and "(completion of construction and servicing)";

add Item 40 with part of the following content:

"In case of sale of not preserved object of construction in progress in the protocol in addition are specified:

the area, cadastral number of the parcel of land, its location, type of the right to the parcel of land provided to the winner of the electronic biddings or the applicant for purchase;

purpose of the provided parcel of land, and also purpose of the parcel of land according to the single classification of purpose of real estate units approved in accordance with the established procedure;

conditions of designing and construction of object on the parcel of land;

selling price of subject of the electronic biddings, including selling price of not preserved object of construction in progress, and also selling price of the parcel of land or the right of lease of the parcel of land;

lease term of the parcel of land (in case of sale of the right of lease of the parcel of land);

the obligation of the winner of the electronic biddings (the applicant for purchase) and terms of agreement signature of lease of the parcel of land (in case of sale of the right of lease of the parcel of land);

the term and details of the current (settlement) bank account for transfer by the winner of the electronic biddings (the applicant for purchase) of payment for not preserved object of construction in progress, payment for the parcel of land or for the right of lease of the parcel of land, cost amount to the organization and carrying out the electronic biddings;

the obligation of the winner of the electronic biddings (the applicant for purchase) on introduction of payment (part of payment – in case of provision of payment by installments of its introduction by local executive committee) for the parcel of land or for the right of lease of the parcel of land;

the obligation on state registration of the right of private property to the parcel of land or the rights of lease of the parcel of land;

other necessary data.";

add the Provision with Chapter 8-3 of the following content:

"CHAPTER 8-3. FEATURES OF SALE OF NOT PRESERVED OBJECT OF CONSTRUCTION IN PROGRESS AT THE ELECTRONIC BIDDINGS, INCLUDING WITH THE STARTING PRICE EQUAL TO ONE BASIC SIZE

62-13. Seller of not preserved object of construction in progress along with sale in private property of the parcel of land or sale of the right of lease of such site necessary for completion of construction and servicing of this object, is regional, Minsk city, city (the cities of regional, district subordination), the district executive committee according to its competence on withdrawal and provision of the parcels of land in the territory of which there is not preserved object of construction in progress (further for the purposes of this Chapter – local executive committee).

The organizer of the electronic biddings selling not preserved object of construction in progress along with sale in private property of the parcel of land or sale of the right of lease of such site necessary for completion of construction and servicing of this object, is the local executive committee or the organization determined by local executive committee based on the decision of this committee (further – the specialized organization) (further if other is not provided, – the organizer of auction).

If the organizer of auction is the specialized organization, the seller of not preserved object of construction in progress signs with it the contract of the order for sale of this object, and also the parcel of land or right of lease of the parcel of land.

The authorized body in case of the termination of the investment agreement on the bases other, than execution by the investor (investors) and (or) the implementing organization (in case of its availability) the obligations under this agreement, in a month from the date of its termination sends information to the relevant local executive committee.

62-14. The citizens of the Republic of Belarus, foreign citizens, persons without citizenship who are constantly living in the Republic of Belarus, legal entities of the Republic of Belarus, and also the foreign citizens, persons without citizenship who are constantly not living in the Republic of Belarus, the citizens of the Republic of Belarus who are constantly living outside the Republic of Belarus, foreign and international legal entities (the organizations, not being legal entities) if other is not established by legal acts can be participants of the electronic biddings.

On the party of the buyer participation of the consolidated participants – the citizens of the Republic of Belarus, foreign citizens, persons without citizenship who are constantly living in the Republic of Belarus, legal entities of the Republic of Belarus, and also the foreign citizens, persons without citizenship who are constantly not living in the Republic of Belarus, the citizens of the Republic of Belarus who are constantly living outside the Republic of Belarus, foreign and international legal entities (the organizations, not being legal entities) (further – the consolidated participants) which sign the agreement on joint participation in the auction containing the following information about (about) is allowed:

to share of the participation in acquisition of subject of auction;

the mutual rights and obligations on participation in auction;

the authorized person which will represent at auction of the agreement party about joint participation in auction to sign the protocol on results of auction, the purchase and sale agreement of not preserved object of construction in progress, the lease agreement of the parcel of land (further – the authorized person);

condition that agreement parties about joint participation in auction bear joint liability according to the obligations connected with participation in auction and also according to the purchase and sale agreement of not preserved object of construction in progress, the lease agreement of the parcel of land;

the maximum size of the price which the authorized person has no right to exceed with participation in auction.

The consolidated participants who signed the agreement on joint participation in auction issue to the authorized person the relevant powers of attorney.

In case of sale at auction of not preserved object of construction in progress along with sale of the parcel of land in private property persons specified in part one of this Item, or the consolidated participants to whom according to the Code of the Republic of Belarus about the earth the parcels of land for completion of construction and servicing of this object can be provided in private property can take part in auction.

62-15. Starting price of subject of the electronic biddings is determined as the amount of starting price of not preserved object of construction in progress and starting price of the parcel of land or starting price of the right of lease of the parcel of land necessary for completion of construction and servicing of this object.

Starting price of not preserved object of construction in progress is determined by its estimated value operating for decision date about its sale without lowering of starting price of sale.

In case of lack of the documents confirming the data necessary for value assessment of not preserved object of construction in progress, the estimated value of object is equated to residual cost of object of assessment determined within costly evaluation method and is starting price. Date of assessment in that case is date not earlier than date of the conclusion of the civil service provision agreement on carrying out independent assessment and the first day of survey of not preserved object of construction in progress in case of need of its carrying out.

Cost determination of not preserved object of construction in progress is carried out for the purpose of sale at auction according to technical and other regulatory legal acts about value assessment of objects of the civil laws by the organizations which according to legal acts have the right to implementation of independent assessment.

If as a result of the electronic biddings the parcel of land is provided in private property, starting price of the parcel of land is determined not below its cadastral cost in Belarusian rubles acting on acceptance date with the seller of the decision on withdrawal of the parcel of land for carrying out the electronic biddings and provision to the winner of the electronic biddings or the applicant for purchase.

If as a result of the electronic biddings the parcel of land is provided in lease, starting price of the right of lease of the parcel of land is determined on the basis the starting price of the right of lease of the parcel of land of cadastral cost of the parcel of land acting on approval date local executive committee using depending on the term of its lease of the coefficients established by Council of Ministers of the Republic of Belarus for determination of the amount of payment for the right of lease of the parcels of land which are in state-owned property, provided according to legal acts without holding auctions on the right of lease of the parcels of land, and also starting price of subject of such auctions.

Starting price of sale of not preserved object of the construction in progress which is not sold at earlier held electronic auction can be lowered according to item 4 of article 40 of the Law of the Republic of Belarus "About investments". Lowering of starting price of such property is performed from the cost specified in the decision on its sale without lowering of starting price of sale irrespective of date of assessment of this property.

Starting price of the parcel of land provided in private property or the rights of lease of the parcel of land does not go down.

62-16. In case of sale of not preserved object of construction in progress the seller in addition to the functions specified in Item 11 of this provision:

determines sources of financing of actions for carrying out the electronic biddings;

performs collection and (or) preparation of necessary documents for sale at the electronic biddings of not preserved object of construction in progress along with sale in private property of the parcel of land or sale of the right of lease of such site necessary for completion of construction and servicing of this object, including if necessary creates the parcel of land according to the procedure, established in Chapter 10 of the Regulations on procedure for the withdrawal and provision of the parcels of land approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32, and if such forming is not required, if necessary provides establishment (recovery) of borders of the parcel of land on the area. The size of the parcel of land is established according to the Code of the Republic of Belarus about the earth and other legal acts;

makes the decision on sale in private property of the parcel of land necessary for completion of its construction and servicing, or sale of the right of lease of such parcel of land (if necessary);

determines type of the right to the parcel of land;

determines lease term of the parcel of land in case of sale of the right of lease of the parcel of land;

determines in Belarusian rubles starting price of not preserved object of construction in progress, including taking into account its lowering;

determines in Belarusian rubles starting price of the parcel of land in case of its sale in private property or starting price of the right of lease of the parcel of land;

determines in need of condition of designing and construction of object on the parcel of land;

makes according to the competence the decision on provision of payment by installments of introduction of payment for the parcel of land provided in private property, or payments for the right of lease of the parcel of land;

provides access of the interested persons called in Item 62-14 of this provision to auction subject, including on the area;

concludes the purchase and sale agreement of not preserved object of construction in progress with the winner of the electronic biddings or the applicant for purchase;

concludes with the winner of the electronic biddings or the applicant for purchase the lease agreement of the parcel of land in case of sale of the right of lease of the parcel of land;

ensures safety of not preserved object of construction in progress during the period from the date of decision making about its sale about day of the conclusion of the purchase and sale agreement.

62-17. Within ten working days from the date of approval of the protocol it is necessary for the winner of the electronic biddings (the applicant for purchase):

compensate costs for the organization and carrying out the electronic biddings;

bring payment for not preserved object of construction in progress, and also for the parcel of land or for the right of lease of the parcel of land (part of payment – in case of provision of payment by installments of its introduction by local executive committee).

No later than ten working days after making by the winner of the electronic biddings or the applicant for purchase of the actions specified in part one of this Item, the seller signs with it the purchase and sale agreement of not preserved object of construction in progress and reports it copy of the protocol on results of the electronic biddings or about recognition of auction cancelled, and also the statement from the decision on withdrawal and provision of the parcel of land for carrying out the electronic biddings and its provision to the winner of the electronic biddings or the applicant for purchase. In the same time the protocol is issued to the investor and the implementing organization (in case of its availability) with which the investment agreement on the bases by other, than execution of the obligations by them under this agreement is stopped.

If the parcel of land is provided to the winner of the electronic biddings (the applicant for purchase) in lease, then in time, specified in part two of this Item, the local executive committee with it signs the lease agreement of the parcel of land.

62-18. The lease agreement of the parcel of land signed by results of the electronic biddings between local executive committee and the winner of the electronic biddings (the applicant for purchase), and emergence of the right of lease or the right of private property to the parcel of land of the last based on it are subject to state registration in the territorial organization for state registration of real estate, the rights to it and transactions with it for the location of the parcel of land.

62-19. Payment of cost of the acquired subject of auction is performed in Belarusian rubles.

The money specified in part one of this Item is transferred into the corresponding local budget, and their further separation is performed according to the procedure, established in Items 5-7 of article 40 of the Law of the Republic of Belarus "About investments".

62-20. If after deduction from cash amount, received in payment for not preserved object of construction in progress, expenses and the amounts specified in part three of Item 5 of article 40 of the Law of the Republic of Belarus "About investments" there is money, the local executive committee within three working days sends to the investor (investors) and (or) the implementing organization (in case of its availability) with which the investment agreement, to the last known address the notification on the available possibility of compensation of the amount of documentary confirmed construction costs of this object is stopped.

If the investor (investors) and (or) the implementing organization (in case of its availability) with whom the investment agreement is stopped, did not exercise the right to cost recovery within six months from the date of the direction by local executive committee of the notification specified in part one of this Item, money arrives in the income of the local budget.".

4. In the resolution of Council of Ministers of the Republic of Belarus of February 19, 2014 No. 149 "About approval of the Regulations on procedure for confirmation of conditions for application of release from import customs duties and (or) the value added tax concerning imported (imported) processing equipment, accessories and spare parts to it and (or) raw materials and materials":

4.1. in Item 1:

exclude the word "enclosed";

add Item with the word "(is applied)";

4.2. in Item 2:

the words "provision to the investor and (or) the organization created by the investor (investors) or the organization concerning which the investor (investors) has opportunity to determine the decisions made by it by the bases established by the legislation" shall be replaced with words "provision to the investor (investors) and (or) the implementing organization";

shall be replaced with words the words "than import customs duties and tax" "than the import customs duties and (or) tax";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info