ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2010 No. 243

About approval of Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property

According to the laws of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship" and of March 1, 2011 "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property.

 

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of April 4, 2003 No. 327 "About approval of Rules of provision to small business entities in property employment (lease) or trust management with the right of the subsequent voluntary conveyance in property of not used objects of state-owned property" (SAPP of the Republic of Kazakhstan, 2003, No. 15, the Art. 156);

2) the order of the Government of the Republic of Kazakhstan of July 22, 2005 No. 765 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of April 4, 2003 No. 327" (SAPP of the Republic of Kazakhstan, 2005, No. 30, the Art. 406).

3. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of March 30, 2010 No. 243

Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property

1. General provisions

1. These rules are developed according to the laws of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship", of March 1, 2011 "About state-owned property" and determine procedure for provision to small business entities in property employment (lease) or trust management of the unused buildings, constructions, vehicles and the equipment which are in state-owned property (further - objects) and the parcels of land occupied by buildings and constructions, for the organization of productive activity and development of service industry to the population, except for trade and intermediary activities, with the subsequent voluntary conveyance in property.

2. The objects of the state companies and organizations (further - the organizations) which are not used for designated purpose more than one year are transferred to small business entities to property employment (lease) or trust management for a period of one year with the subsequent voluntary conveyance in property.

3. Provision of objects is performed on tender basis.

2. Forming of the list of not used objects

4. The list of the not used objects exposed on the tender for provision to small business entities in property employment (lease) or trust management (further - the tender), is created of the number of the property of the organizations which is in state-owned property (buildings, constructions, vehicles and the equipment), not used for designated purpose more than one year, including revealed during checks of target use of property of the organizations:

in relation to republican the state sobstvennostiterritorialnyma divisions of Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan (further - territorial subdivisions),

in relation to utility the state sobstvennostigosudarstvennyma the organizations authorized by the akimats on the order utility state-owned property financed from the corresponding local budgets (further - executive body).

5. Exposure of objects to the tender is performed based on the decision of territorial subdivision (executive body) and is subject to approval of state body of the organizations.

Concerning the objects which are in republican state-owned property, territorial subdivisions in addition approve with Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan.

6. Based on the created list, territorial subdivisions (executive bodies) constitute the schedule of tendering process.

7. The organizations ensure safety of objects before transfer to their small business entities.

3. Preparation for carrying out the tender

8. For carrying out the tender the permanent commissions are created.

The structure of the commission on the objects which are in republican state-owned property except representatives of territorial subdivisions and the interested ministries, the agencies, departments or their territorial authorities, shall include representatives of local executive bodies. Commission chairman is the representative of territorial subdivision.

The structure of the commission on the objects which are in utility state-owned property except representatives of local executive bodies can include representatives of the ministries, agencies, departments or their territorial authorities (under approval). Commission chairman is the representative of executive body.

The commissions are included representatives of accredited associations of subjects of private entrepreneurship (under approval).

9. Commission:

Develops 1) and approves regulations of the work;

2) determines tender conditions;

3) holds the tender;

4) determines the winner of the tender;

5) performs other powers provided by these rules.

10. Commission sessions are competent if at them there are at least 2/3 members of the commission.

Decisions of the commission are made by a simple majority vote the present members of the commission, in case of equality of votes the voice of the commission chairman is decisive.

11. Preparation for carrying out the tender is performed by territorial subdivisions (executive bodies) which:

1) determine agreement type (property employment (lease) or trust management), depending on technical condition of objects;

2) determine the amount of the rent (by provision of objects in property employment (lease);

3) determine the size of the guarantee fee;

4) determine tender date;

5) perform timely publication of the notice on carrying out the tender;

6) perform preparation of set of the tender documentation for provision to participants of the tender for measure of their address;

7) provide open entry to everyone to information on objects and conditions of carrying out the tender;

8) carry out order taking and registration of participants;

9) the arrived materials submit to the commission;

10) is performed by other powers provided by these rules.

4. Tender documentation

12. Information messages on objects shall be published in periodic printing editions in the state and Russian languages in 15 days prior to the announced tender date and to include the following data:

1) conditions of the tender and criteria of the choice of the winner;

2) short characteristic of subject of the tender;

3) date, time and venue of the tender;

4) terms of adoption of applications for participation in the tender;

5) the amount of the rent (by provision in property employment (lease);

6) procedure for registration of participation in the tender;

7) the size of the guarantee fee and bank details for its introduction (the size of the guarantee fee cannot be changed after publication of the information message).

13. The tender documentation shall contain the following main Sections:

1) data on subject of the tender;

2) requirements for contents of the request and documents provided together with it;

3) conditions and procedure for carrying out tender;

4) draft agreement of property hiring (lease) or trust management;

5) the commitment form on participation in the tender.

5. Carrying out tender

14. Registration of participants of the tender is made from the date of the publication of the notice on carrying out the tender and comes to an end in one day prior to carrying out the tender.

15. The small business entities wishing to take part in the tender represent at the scheduled time:

1) the application for participation in the tender containing the consent of the applicant for participation in the tender and its obligations on accomplishment of conditions of the tender and the conclusion of the relevant agreement;

2) the business plan on the organization of productive activity and rendering services to the population on this object;

3) legal entities - copies of the certificate on state registration (re-registration), constituent documents (the foundation agreement and the charter) and the certificate of the taxpayer (notarized in case of non-presentation of originals for reconciliation); physical persons - copies of the certificate on state registration of the individual entrepreneur, the identity document of physical person, and the certificate of the taxpayer (notarized in case of non-presentation of originals for reconciliation);

4) certificate of tax authority of lack of tax debt;

5) the copy of the payment document confirming introduction of the guarantee fee;

6)  No. 333 is excluded according to the Order of the Government of the Republic of Kazakhstan of 09.04.2014

7) the balance sheet of small business entity, as of the last reporting date preceding date of submission of the petition or if the small business entity does not represent to tax authorities the balance sheet, other documentation provided by the tax legislation of the Republic of Kazakhstan;

8) the list of persons entering one group of persons with small business entity.

16. Order taking and registration of persons wishing to take part in the tender are made in the presence of complete set of required documents.

17. The bases for refusal in registration of the small business entities wishing to take part in the tender are:

1) representation of incomplete set of required documents;

2) availability of the tax debt and to other obligatory payments in the budget;

3) the documents submitted with violation of the established requirements.

18. The participant of the tender can:

1) to participate on the tender personally or through the representatives based on properly drawn up power of attorney;

2) it is free to receive additional data, amendments on the object exposed on the tender;

3) it is preliminary to inspect object;

4) to take a legal action in case of violation of its rights;

5) to withdraw the application for participation in the tender, having reported about it in writing to the commission not later than 3 days before its carrying out.

19. If at the time of the termination of term of order taking (except for third and the subsequent tenders) no more than one request are registered, the tender is recognized cancelled.

20. In day of carrying out the tender, at meeting members of the commission open envelopes with proposals of participants of the tender and announce their offers. Before opening of envelopes members of the commission check their integrity that is fixed in the minutes of the commission.

During the opening of envelopes and announcement of offers there can be participants of the tender or their authorized representatives.

21. After opening of envelopes and announcement of offers the commission is removed on meeting for discussion and assessment of offers.

Participants of the tender (their representatives) are not present at discussion and assessment of offers.

22. The winner of the tender the participant whose proposals, according to the decision of the commission, meet all requirements containing in the tender documentation is recognized and are the best in part of accomplishment of conditions of the tender.

6. Registration of results of the tender and contents of the agreement

23. The conclusion of the commission determining the winner of the tender or other decision following the results of the tender is drawn up by the protocol signed by all present members of the commission in day of carrying out the tender.

The protocol determining the winner of the tender is signed also by person who won the tender.

The copy of the protocol on results of the tender without fail goes to all participants of the tender, and also the winner and is the document according to which the agreement of property hiring or trust management is signed.

24. The protocol shall contain the following data:

1) structure of the commission;

2) tender conditions;

3) information about participants of the tender and their offer;

4) the offered rates of payment for use of property (by transfer to property employment (lease);

5) winner of the tender;

6) obligations of the parties on agreement signature of property hiring or trust management.

25.  No. 333 is excluded according to the Order of the Government of the Republic of Kazakhstan of 09.04.2014

26.  No. 333 is excluded according to the Order of the Government of the Republic of Kazakhstan of 09.04.2014

27.  No. 333 is excluded according to the Order of the Government of the Republic of Kazakhstan of 09.04.2014

28.  No. 333 is excluded according to the Order of the Government of the Republic of Kazakhstan of 09.04.2014

29.  No. 333 is excluded according to the Order of the Government of the Republic of Kazakhstan of 09.04.2014

30. Based on the protocol on results of the tender determining the winner of the tender the agreement of property hiring or trust management (further - the agreement) on the conditions answering to the offers declared with participation in the tender is signed with the winner of the tender.

31. In case of refusal the winner to sign the agreement on the conditions answering to the offers declared with participation in the tender, the commission determines the winner from among the remained participants of the tender (if number remained at least two) or to make the decision on carrying out the new tender.

32. The guarantee fee does not return:

1) if the participant of the tender refuses the offer after the term of Item 18 of these rules provided by the subitem 5);

2) to the winner of the tender in case of its refusal to sign the relevant agreement on the conditions answering to the offers declared with participation in the tender.

In all other cases the guarantee fees return no later than 10 banking days from the date of the termination of the tender in time.

33. The contract with the winner of the tender is signed by the head of territorial subdivision (executive body), or person fulfilling its duties for a period of one year no later than 5 calendar days from the date of signing of the protocol on results of the tender determining the winner of the tender.

33-1. In case of delivery in accordance with the established procedure in property employment (lease) or trust management of buildings (structures, constructions), together with them by rules, stipulated in Clause 52, and according to the procedure, stipulated in Clause 43 Land codes of the Republic of Kazakhstan of June 20, 2003, the parcel of land which is occupied with the specified property and is necessary for its operation according to the established regulations is leased.

34. The agreement shall contain following provisions:

1) data on technical characteristics of the object provided to small business entity;

2) procedure and terms of introduction of payment for use of object (by provision in property employment (lease);

3) the obligations of small business entity taken according to the business plan;

4) terms and forms of the reporting of the employer (trustee);

5) bases and conditions of early agreement cancelation. Without fail it shall be provided in the agreement that it is subject to termination if productive activity and rendering services to the population will not be organized within six months from the date of the conclusion of the agreement.

35. No later than 10 days after agreement signature object shall be transferred by the asset holder to the winner of the tender for the delivery-acceptance certificate which affirms territorial subdivision (executive body) with the simultaneous notification of tax authority on which registration registry the winner of the tender, about transfer to property employment (lease) or trust management of object stays.

The agreement of property hiring (lease) of the building and construction, is subject to state registration and it is considered the prisoner from the moment of such registration.

State registration of agreements of property hiring (lease) is performed at the expense of means of small business entities.

The guarantee fee of the winner of the tender belongs on account of receivable payments under the agreement of property hiring.

7. Control over the implementation of terms of the contract and procedure for transfer of object to property

36. After six months from the moment of the conclusion of the agreement the territorial subdivision (executive body) with departure into place performs check of accomplishment by small business entity of the term of the contract about establishing productive activity (rendering services to the population).

Following the results of check the territorial subdivision (executive body) directs information of the commission.

37. In case of failure to carry out of terms of the contract the territorial subdivision (executive body) terminates the agreement according to the civil legislation in the Republic of Kazakhstan and exposes object repeatedly on the tender, previously having directed the notification of the commission.

38. In case of agreement cancelation to small business entity the cost of improvements, inseparable without harm for leased object, made by it at the expense of own means is compensated.

39. In case of harming owing to failure to provide of safety of object, inappropriate use, etc., the small business entity indemnifies caused material damage according to the civil legislation in the Republic of Kazakhstan.

40. After the term of the agreement and in case of full implementation of its conditions by territorial subdivision (executive body) the decision on voluntary conveyance of object in property of small business entity with the notification on it of tax authority on which registration registry the small business entity stays is made.

Decision making on voluntary conveyance of the parcels of land under the occupied object is performed according to the Land code of the Republic of Kazakhstan of June 20, 2003.

41. Transfer of object to property of small business entity is drawn up by the delivery-acceptance certificate and the agreement on voluntary conveyance of object.

Registration of the transaction is performed according to the civil legislation of the Republic of Kazakhstan.

42. The territorial subdivision (executive body) within five working days from the moment of the conclusion of the agreement on voluntary conveyance of object in property of small business entity informs tax authority on which registration registry the taxpayer - small business entity stays, on voluntary conveyance of object in property of small business entity.

8. Final provisions

43. The disputes arising by provision to small business entities in property employment (lease) or trust management of objects with the subsequent voluntary conveyance in property are considered according to the procedure, established by the legislation of the Republic of Kazakhstan.

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