I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of October 15, 2025 No. 107

About approval of Rules and terms of establishment of counter obligations of the investor on other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy"

According to Item 3 of article 281 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules and terms of establishment of counter obligations of the investor on other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy".

2. To provide to department of investment policy and development of the financial sector of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its placement on Internet resource of the Ministry of national economy of the Republic of Kazakhstan after day of its first official publication.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2026 and is subject to official publication.

Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of October 15, 2025 No. 107

Rules and terms of establishment of counter obligations of the investor on other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy"

Chapter 1. General provisions

1. Rules and terms of establishment of counter obligations of the investor on other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy" (further - Rules) are developed according to Item 3 of article 281 of the Entrepreneurial code of the Republic of Kazakhstan and determine procedure and terms of establishment of counter obligations of the investor by other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy".

2. In these rules it is used the following basic concepts:

1) counter obligations of the investor - the obligation of the investor performing other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy", accepted by provision of measures of the state support;

2) other types of activity - the types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy";

3) the investor on other types of activity - the legal entity registered according to the legislation of the Republic of Kazakhstan, realizing the investment project, performing other types of activity;

4) authorized body - the central state body performing management in the respective sphere and/or industry.

Chapter 2. Procedure and terms of establishment of counter obligations of the investor on other types of activity which are not regulated by the Law of the Republic of Kazakhstan "About industrial policy"

3. By provision of measures of the state support for other types of activity between the parties obligations of the state on provision of measures of the state support, and the investor - on accomplishment of counter obligations are provided.

4. Counter obligations of the investor are established on other types of activity, provided by the investment project:

1) rural, forest and fishery;

2) construction;

3) wholesale and retail trade;

4) car repairs and motorcycles;

5) transport and warehousing;

6) provision of services on accommodation and food;

7) information and communication;

8) financial and insurance activity;

9) real estate transactions;

10) professional, scientific and technical activity;

11) activities in the field of administrative and support service;

12) education;

13) health care and social servicing of the population;

14) art, entertainments and rest.

5. Counter obligations of the investor are established by authorized body, on approval with the Commission on negotiation (further - the Commission).

6. The procedure for activities of the Commission is determined according to the Rules of the conclusion, change and agreement cancelation about investments approved by the order of the acting minister of foreign affairs of the Republic of Kazakhstan of March 17, 2023 No. 11-1-4/113 (it is registered in the Register of state registration of regulatory legal acts for No. 32095) (further - Rules of the conclusion, change and termination of SOI).

7. Completion date of counter obligations of the investor is determined by authorized body no later than 5 (five) working days from the date of giving of complete document package, stipulated in Item 6 Rules of the conclusion, change and termination of SOI (further - document package).

8. The commission considers and approves counter obligations of the investor within 10 (ten) working days from the date of receipt of document package from authorized body.

9. Terms of counter obligations of the investor are determined depending on nature and duration of the investment project.

10. Aggregate term of execution of counter obligations of the investor shall not exceed 25 (twenty five) years.

11. Admissible terms of counter obligations of the investor on other types of activity:

1) rural, forest and fishery - up to 10 (ten) years;

2) construction - up to 10 (ten) years;

3) wholesale and retail trade - up to 7 (seven) years,

4) car repairs and motorcycles - up to 7 (seven) years;

5) transport and warehousing - up to 15 (fifteen) years;

6) provision of services on accommodation and food - up to 10 (ten) years;

7) information and communication - up to 25 (twenty five) years;

8) financial and insurance activity - up to 7 (seven) years;

9) real estate transactions - up to 7 (seven) years;

10) professional, scientific and technical activity - up to 10 (ten) years;

11) activities in the field of administrative and support service - up to 7 (seven) years;

12) education - up to 25 (twenty five) years;

13) health care and social servicing of the population - up to 25 (twenty five) years;

14) art, entertainments and rest - up to 7 (seven) years.

12. The decision of the Commission is drawn up by the protocol and is the basis for determination of counter obligations of the investor by authorized body.

13. In cases of change of terms of implementation of the investment project terms are subject to revision by the Commission.

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