THE ORDER OF THE DEPUTY PRIME MINISTER – I.O. OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of September 2, 2026 No. 144

About introduction of amendments to some orders

I ORDER:

1. Approve the enclosed list of some orders to which changes are made (further – the List).

2. To provide to department of regional development 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 after ten calendar days after day of its first official publication.

Approved by the order of the Deputy prime minister – the acting minister of national economy of the Republic of Kazakhstan of September 2, 2026 No. 144

The list of some orders to which changes are made

1. Bring in the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 713 "About approval of Regulations of Admission of objects of public-private partnership in state-owned property" (it is registered in the Register of state registration of regulatory legal acts for No. 12487) the following changes:

in Regulations of Admission of the objects of public-private partnership in state-owned property approved by the specified order:

state the right upper corner in the following edition:

"Are approved by the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 713";

third Item 3 to state the paragraph in the following edition:

"local executive bodies of the capital, areas, cities of republican value – concerning objects of the PPP relating to utility property.";

in Item 9:

state part one in the following edition:

"9. The private partner within thirty working days from the moment of approach of term of transfer of object of PPP to state-owned property in accordance with the terms of the agreement of PPP, addresses to authorized state body of the corresponding industry – concerning objects of the PPP relating to republican property or local executive bodies of the capital, areas, cities of republican value – concerning objects of the PPP relating to utility property with the statement for transfer of object to state-owned property.";

third to state part in the following edition:

"The private partner together with the statement submits documents, according to the List of the documents submitted by the private partner in case of acceptance of objects of public-private partnership to state-owned property according to appendix to these rules in authorized state body of the corresponding industry or local executive bodies of the capital, areas, cities of republican value for transfer of objects of PPP to state-owned property.";

the second Item 10 to state part in the following edition:

"Local executive bodies of the capital, areas, cities of republican value within five working days from the date of receipt of the address of the private partner about readiness of transfer of object of the PPP which is subject to acceptance in utility property according to the agreement of PPP considers the possibility of acceptance of this object of PPP in utility property.";

the second Item 12 to state part in the following edition:

"Local executive bodies of the capital, areas, cities of republican value in ten-day time after receipt of the address makes the decision on acceptance in utility property of object of the PPP which is subject to acceptance in utility property and transfer to his utility legal entity.";

state Item 13 in the following edition:

"13. After decision making, stipulated in Item 12 these rules, the private partner and the state legal entity to whom the object of PPP which is subject to acceptance in state-owned property and also on state-owned property or local executive bodies of the capital, areas, cities of republican value, in time no more than fifteen calendar days is assigned by authorized body draws up the delivery-acceptance certificate of object of the PPP which is subject to acceptance in state-owned property.".

2. Bring in the order of the Deputy prime minister – the Minister of national economy of the Republic of Kazakhstan of June 16, 2025 No. 52 "About some questions of planning and projects implementation of public-private partnership" (it is registered in the Register of state registration of regulatory legal acts for No. 36281) the following changes:

state preamble in the following edition:

"According to Items 1 and 2 of Article 15, subitems 5), 6), 11), 11-1), 11-2), 11-4), 11-6) of Article 20, subitem 3-1) of Item 2 of Article 26 and Items 2 and 3 of article 27 of the Law of the Republic of Kazakhstan "About public-private partnership", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics", I ORDER:";

in Rules of planning and projects implementation of public-private partnership, the including questions of project planning of public-private partnership, carrying out tender (auction) and direct negotiations on determination of the private partner, the carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership approved by the specified order:

to state part one of Item 5 in the following edition:

"5. These rules extend to all types of projects of public-private partnership, including concession and service contracts if other is not established by the laws of the Republic of Kazakhstan.";

state Item 12 in the following edition:

"12. Authorized persons and other interested persons according to the subitem 6) of Item 2 of article 26 of the Law attract the Center of development of public-private partnership to training of specialists in the field of public-private partnership, and also carrying out researches and development of recommendations about questions of public-private partnership.";

state Item 43 in the following edition:

"43. The local authorized body on state planning based on the positive economic conclusion on the investment offer or the draft of the information sheet and taking into account the limits of the state obligations of projects of public-private partnership, local executive bodies of the capital, areas and the cities of republican value set by authorized body on budget policy, creates the conclusions on development or adjustment of the tender documentation of projects of public-private partnership, and also conducting necessary examinations, except for economic examination, and submits for consideration of the relevant budget commission.";

state Item 45 in the following edition:

"45. The list of services in advisory maintenance which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on budget policy or local authorized body on state planning, containing the name and the amount of financing on each project of public-private partnership affirms the central authorized body on budget policy or local executive body of the capital, area and city of republican value which preparation is performed by the central or local authorized body on state planning.";

state Item 54 in the following edition:

"54. Return of the unused or partially used budgetary funds is performed by recovery of the appropriate budget programs of the central authorized body on budget policy or local authorized body on state planning without relevant decision of the relevant budget commissions based on the order of the central authorized body drafted in accordance with the established procedure and accepted on budget policy or decisions of local executive body of the capital, area and the city of republican value on introduction of amendments to the order of the central authorized body on budget policy or the decision of local executive body of the capital, area and city of republican value on distribution of the appropriate distributed budget programs with the subsequent modification of the consolidating plan of receipts and financing on payments, the consolidating plan of financing according to obligations.";

state Item 77 in the following edition:

"77. The letter on the direction of the draft of the tender documentation on approval contains data of developer and (or) private initiator, including surname, name, middle name (in case of its availability), position, phone and the address (addresses) of e-mail.";

to state part one of Item 78 in the following edition:

"78. The central authorized body on budget policy or the local authorized body on state planning within 3 (three) working days from the date of receipt of the tender documentation sends it and the industry conclusions to the Center of development of public-private partnership or the legal entities determined by local executive bodies of the capital, areas and cities of republican value for conducting examination, including in case of introduction in it of changes and (or) amendments which is performed within 20 (twenty) working days from the date of submission of the tender documentation to this organization if the project is technically difficult and (or) unique, and on other projects – within 16 (sixteen) working days from the date of submission of the tender documentation.";

state Item 80 in the following edition:

"80. In case of need submissions of the missing and (or) additional information according to the tender documentation the Center of development of public-private partnership or the legal entities determined by local executive bodies of the capital, areas and cities of republican value, authorized on conducting examination within 10 (ten) working days from the date of the notification on receipt of document package (but no more once), send the corresponding inquiries to the organizer of tender with the simultaneous notification of the central authorized body by budget policy or local authorized body on state planning respectively.";

state Item 89 in the following edition:

"89. The central authorized body on budget policy or the local authorized body on state planning coordinates the tender documentation and directs to the organizer of tender experimental testimony of the tender documentation which is carried out by the Center of development of public-private partnership or the legal entities determined by the local executive bodies of the capital, areas and cities of republican value authorized on conducting examination.";

state Item 91 in the following edition:

"91. In case of positive experimental testimony of the tender documentation which is carried out by the legal entities determined by local executive bodies of the capital, areas and cities of republican value, the examinations authorized on carrying out, the inclusion in the tender documentation of provision containing recommendations of opportunity by the project of public-private partnership of one or several measures of the state support, sources of cost recovery and receipt of the income of the private partner attracting expenses from the local budget, the local authorized body on state planning submits question of adoption of the state obligations on the project of public-private partnership for consideration of the relevant budget commission.";

to state part one of Item 92 in the following edition:

"92. In case of increase in estimated cost of the project of the public-private partnership directed to creation of object of public-private partnership because of change in the exchange rate of national currency to foreign currency, but not attracting changes of the institutional scheme and technical solutions, the corrected documents go to the conclusion of the central authorized body on budget policy and examination of the Center of development of public-private partnership or local authorized body in state planning and examination of the legal entity determined by local executive body of the capital, area and city of the republican value authorized on conducting examination, regarding confirmation of positive measure value of the net discounted income (Net present value – NPV), internal regulation of profitability (Internal rate of return – IRR) and availability of positive indicators of the economic net discounted income (Economic net present value – ENPV) and economic internal return rate (Economic internal rate of return – EIRR).";

the second Item 101 to state part in the following edition:

"Commission chairman is the first head of the organizer of tender (if the organizer of tender is the local executive body – not below the deputy akim of the capital, area and the city of republican value).";

third of the subitem 4) of Item 195 to state part in the following edition:

"The central authorized body on budget policy or local authorized body on state planning in time no more than 3 (three) working days from the date of receipt sends the business plan to the project of public-private partnership and the arrived materials to the Center of development of public-private partnership or the legal entities determined by local executive bodies of the capital, areas and cities of republican value for conducting examination.";

state Item 197 in the following edition:

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