I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2024 No. 413

About introduction of amendments to the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of January 25, 2019 No. 33 "About approval of Rules of holding open tender by determination of the registrar of grain receipts"

I ORDER:

1. Bring in the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of January 25, 2019 No. 33 "About approval of Rules of holding open tender by determination of the registrar of grain receipts" (it is registered in the Register of state registration of regulatory legal acts No. 18249) the following changes:

state heading in the following edition:

"About approval of Rules of holding open tender by determination of the registrar";

state preamble in the following edition:

"According to subitem 32-5) of article 6 of the Law of the Republic of Kazakhstan "About grain" I ORDER:";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of holding open tender by determination of the registrar.";

The rules of holding open tender by determination of the registrar of grain receipts approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to department of agriculture of the Ministry of Agriculture 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 Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.

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

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

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of December 24, 2024 No. 413

Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of January 25, 2019 No. 33

Rules of holding open tender by determination of the registrar

Chapter 1. General provisions

1. These rules of holding open tender by determination of the registrar (further - Rules) are developed according to subitem 32-5) of article 6 of the Law of the Republic of Kazakhstan "About grain" (further - the Law) and determine procedure for holding open tender by determination of the registrar (further - tender).

2. In these rules the following concepts are used:

1) registratorsky information system (further - information system) - the automated system of maintaining the register intended for storage, processing, search, distribution, transfer and provision of information on grain receipts and their holders;

2) authorized body - the central executive body performing coordination and regulation of activities of participants of the grain market within competence.

3. The open tender by determination of the registrar is held by authorized body.

4. The authorized body places on official Internet resource of www.gov.kz authorized body the announcement of carrying out tender in 15 (fifteen) working days prior to order taking.

In the announcement of carrying out tender the following information is specified:

1) date and time of the beginning and completion of acceptance of tender bids;

2) the list of the necessary documents specified in Item 12 of these rules;

3) legal address of authorized body; date, time and venue of commission session.

The term of final date of submission of bids by potential registrars constitutes 10 (ten) working days from the date of placement of the announcement of carrying out tender.

Chapter 2. Procedure for holding open tender by determination of the registrar

5. For determination of the registrar by authorized body the commission on determination of the registrar is created (further - the commission).

Working body of the commission is the structural division of authorized body performing functions in the field of agriculture.

6. The commissions are included representatives of authorized body, public organizations, associations of subjects of private entrepreneurship in the field of agro-industrial complex.

The total quantity of members of the commission constitutes odd number, at least five people. The commission consists of the chairman, members of the commission and the secretary.

Commission chairman is the representative of authorized body. The secretary of the commission is determined from number of persons employed of working body. The secretary of the commission is not her member.

7. The commission chairman presides over meetings, plans and directs activities of the commission.

8. Commission session is considered taken place if at it there are at least two thirds of total number of her members.

9. Decisions of the commission are made by open voting and drawn up by the protocol.

In case of disagreement with the made decision members of the commission state in writing special opinion in any form which is applied to the protocol on results of open tender by determination of the registrar.

10. Secretary of the commission:

1) provides the commission with necessary documents, will organize carrying out commission session;

2) is drawn up by the protocol on results of open tender by determination of the registrar, provides its signing by members of the commission;

3) ensures safety of documents of tender.

11. Commission session is fixed by means of means audio-, videos. Commission session fixation by means audio-, videos performs authorized body.

Audio-, the video of the course of commission session is performed continuously. Unauthorized suspension or adjustment audio-, videos of commission session is not allowed.

12. The potential registrar for participation in tender submits the bid which contains:

1) the request in form according to appendix 1 to these rules signed by the first head of the potential registrar, or the authorized person based on the relevant document confirming powers;

2) copies of documents on information system which owner is the potential registrar:

the act of testing with positive result of testing of information system for compliance to requirements of information security or the test report with positive result of conformity testings to requirements of information security;

3) price list of the prices of rendering paid electronic services to clients of information system.

13. The bid is submitted through office of authorized body or by mail before the termination of term of acceptance of tender bids.

14. The bid is accepted and registered in office of authorized body in day of its receipt and is issued to the secretary of the commission.

In case of the appeal of potential registrar after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, acceptance of the bid is performed the next working afternoon.

15. No later than two working days from the date of the termination of term of acceptance of tender bids commission session by determination of the registrar with participation of potential registrars is held.

16. The commission determines compliance of the submitted documents and potential registrars to requirements of Item 12 of these rules.

For confirmation of availability of integration interactions of information system with the state systems and databases specified in Item 3 of Rules of forming and maintaining the state electronic register of holders of the grain receipts approved by the order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 28, 2015 No. 4-1/699 (it is registered in the Register of state registration of regulatory legal acts No. 12016), and also possibilities of carrying out in information system of transactions with grain receipts, including with use of blockchain technologies, the potential registrar demonstrates for the commission work of the client in information system.

Work of the client in information system is demonstrated on commission session after determination of compliance of the potential registrar to the requirements specified in Item 12 of these rules.

17. If during the term of submission of bids only one bid conforming to the requirements specified in Item 12 of these rules is submitted, the commission makes the decision on determination of this legal entity by the registrar.

If during the term of submission of bids several bids conforming to the requirements specified in Item 12 of these rules are submitted, the commission determines the registrar proceeding from the smallest size of annual subscriber fee for annual servicing of personal account of the client of information system.

At the same time, the annual subscriber fee for provision of access to the cereal-receiving company to the state electronic register of holders of grain receipts constitutes thirty sixfold size of monthly settlement indicator, and the annual subscriber fee for annual servicing of personal account of the client (the holder of the grain receipt, the owner of grain, the pawnbroker) is determined by the potential registrar independently.

18. The protocol on tender results by determination of the registrar is drawn up in form according to appendix 2 to these rules and signed and is polistno initialed by all attendees at meeting members of the commission.

19. Tender is recognized the commission cancelled cases if:

1) any bid is not submitted;

2) all potential registrars do not conform to the requirements specified in Item 12 of these rules.

20. The protocol on tender results by determination of the registrar no later than one working day from the moment of consideration of bids is placed on official Internet resource of authorized body.

21. In case of recognition of tender by failed, authorized body the decision on repeated carrying out tender is made.

22. Based on the protocol on tender results by determination of the registrar the authorized body makes the decision on determination of the registrar according to subitem 1-3) of article 6 of the Law.

23. Consideration of the claim concerning determination of the registrar is made according to Article 91 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

Appendix 1

to Rules of holding open tender by determination of the registrar

Form

Request

I ask to allow ____________________________________________

to participation in open tender by determination of the registrar.

This is to confirm that information system:

The web and portal decision has 1);

2) uses free database management system with open source code;

3) uses free operating system with open source code;

The act of acceptance in commercial operation of information system according to the legislation on informatization has 4);

The act of testing with positive result of testing of information system for compliance to requirements of information security or the test report with positive result of conformity testings to requirements of information security has 5);

6) uses blockchain-platform for data storage of information system about transactions with grain receipts;

7) allows to carry out transactions with grain receipts according to the Rules of forming and maintaining the state electronic register of holders of grain receipts approved by the order of the acting minister of agricultural industry of the Republic of Kazakhstan of July 28, 2015 No. 4-1/699 (it is registered in the Register of state registration of regulatory legal acts No. 12016);

8) has integration with the state systems and databases, in particular:

the state body performing management and cross-industry coordination in the field of permissions and notifications - concerning the legal entities having license for activities on rendering services in warehouse activities with release of grain receipts;

the state body performing regulation of activities in the field of financial accounting and the financial reporting - concerning information provided by the cereal-receiving companies in depositary of the financial reporting;

the state body enabling the realization of state policy and state regulation of activities in the field of state registration and the state technical inspection of real estate - concerning the real estate objects registered behind the cereal-receiving companies;

the state body performing regulation in the field of land relations - concerning the parcels of land registered behind the cereal-receiving companies;

the state body performing state registration of legal entities and accounting registration of branches and representations - concerning the legal entities, branches and representations registered in the register;

state body on management of state-owned property - concerning licensors of the cereal-receiving companies and their space (geographical) data;

the state body performing tax administration - concerning data on the electronic invoices exposed by the cereal-receiving companies and holders of grain receipts;

National railway company - concerning data on transportation of grain in the domestic market and for export;

the state body performing forming of identification numbers and maintaining national registers of identification numbers - concerning the physical persons registered in the register;

National certification center of the Republic of Kazakhstan - concerning use by participants of information system of the digital signature when making by clients of transactions in information system;

payment system of bank of the second level - for implementation by the client of transactions with use of the option "delivery against payment";

9) 24 hours a day / 7 days a week, except for technical breaks function

The enclosed documents:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Address and contact telephone number ______________________________________

__________ _______________________________
     (signature) (surname, name, middle name (in case of its availability))

"____" _______________ 20 __ years

Appendix 2

to Rules of holding open tender by determination of the registrar

Form

The protocol on tender results by determination of the registrar

_________________________ _______________
  (venue of meeting) (time and date)

1. The commission on determination of the registrar in structure:

____________________________________________________________________

(surname, the name, middle name (are entered in case of its availability), position

chairman, members and secretary of the commission)

2. Bids of the following potential registrars are allowed to further participation in tender:

№	Name of the potential registrar	Address of the potential registrar	Date and time of submission of the bid (on chronology)

3. The information about the potential registrars who did not undergo tender with indication of the reasons:

________________________________________________________________________

________________________________________________________________________

__________________________________________________

4. Data on tender results with indication of the winner of tender:

_____________________________________________________________
               (the name of the registrar is specified)

5. Surname, name, middle name (in case of its availability), signatures of the chairman and members of the commission

6. Special opinion on sheets.

 

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