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Ministry of Justice

Republic of Tajikistan 

 On August 6, 2012 No. 535

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 1, 2012 No. 387

About approval of the Procedure for cost determination of the privatized objects

(as amended of the Order of the Government of the Republic of Tajikistan of 31.10.2014 No. 700)

According to article 6 of the Law of the Republic of Tajikistan "About privatization of state-owned property in the Republic of Tajikistan" and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for cost determination of the privatized objects it (is applied).

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of August 1, 2012, No. 387

Procedure for cost determination of the privatized objects

The procedure for cost determination of the privatized objects (further - the Procedure) is developed according to article 6 of the Law of the Republic of Tajikistan "About privatization of state-owned property in the Republic of Tajikistan", the Law of the Republic of Tajikistan "About estimative activities" and other legal acts.

1. General provisions

1. Regulations of this Procedure are applied to cost determination of objects, privatizeable, the property which is in state-owned property and the joint-stock companies belonging to the state of the share in the following cases according to the legislation of the Republic of Tajikistan:

- in case of sale of the objects of state-owned property owned by the state of stocks of joint-stock companies on individual projects of privatization at the biddings in the form of auction or the tender;

- in case of introduction in the form of contribution of shares of the state to the authorized capital of joint economic societies;

- by transfer of state-owned property as pledge;

- by transfer of state-owned property to lease.

2. Basic concepts

2. The following basic concepts are according to the procedure used:

- the appraiser - the State unitary enterprise for assessment and/or the physical persons and legal entities having the license for implementation of estimative activities;

- the customer - the authorized state body using services of the appraiser in management of state-owned property of the Republic of Tajikistan in case of assessment of republican property and executive bodies of the government of areas, cities and areas in case of assessment of municipal property;

- assessment object - objects of state-owned property concerning which estimative activities can be performed;

- the report by results of assessment - the written report approved by the state authorized body on management of state-owned property of the Republic of Tajikistan submitted by the appraiser to the customer about results of estimative activities and on form and content meeting the requirements of the legislation.

3. Assessment objects

3. Treat the objects which are subject to assessment according to this Procedure and consisting of current and non-current assets:

- fixed assets (buildings, constructions, current assets, equipment, vehicles and mechanisms, computer facilities, measuring and adjustment devices and devices, economic stock, traction (worker) and productive cattle, long-term plantings and other instruments of labor);

- inventories and costs, money, calculations and other assets;

- unspecified the equipment, incomplete capital investments and advance payments, including the cost of unfinished construction;

- the intangible assets reflected in balance;

- long-term (for term over a year) financial investments, including deposits of the company to earning assets (shares, bonds and other securities) of other companies, to interest bearing bonds of internal state and local loans, and also loans granted other companies;

- money, calculations and other assets: cash on hand, on accounts of banks and other money, short-term (for the term of no more than one year) the financial investments, works and services, receivables, equity and other similar means compensated in the future reflected in balance sheet asset;

- inventories and costs (products, raw materials, materials, construction in progress, finished goods, fuels and lubricants, spare parts, construction and auxiliary materials, the invaluable fast-wearing-out tools, deferred expenses and other material values);

- separate material objects (raw materials), including ownerless objects;

- the raw complex constituting state-owned property, including specific type of property (movable and immovable, including the companies);

- other property reflected in 1 Chapter of the favorable balance.

4. Determination of original cost of subject to privatization

4. Starting project cost of privatization, offered for sale on the individual privatization project, affirms the Government of the Republic of Tajikistan.

5. Starting project cost of privatization, belonging to republican property privatized at auctions and tenders, affirms the state authorized body on management of state-owned property of the Republic of Tajikistan, and being in municipal property, the relevant Majlises of People's Deputies and within the powers chairmen of the Gorno-Badakhshan Autonomous Region, areas, cities and areas.

6. In case of determination of starting project cost of privatization the state authorized body on management of state-owned property of the Republic of Tajikistan has the right to apply the additional raising coefficients.

5. Assessment of state-owned property, as subject to privatization

7. Assessment of state-owned property as independent subject to privatization, it is performed on the residual book value calculated by reduction of size of their book replacement cost at size of the depreciation estimated according to financial accounting proceeding from all term of their operation and cannot be less than the sizes specified in Procedure Item 13.

8. Replacement cost of state-owned property is determined - by application of the single increasing coefficient approved by the Government of the Republic of Tajikistan for date of assessment.

9. Repeated assessment of the state-owned property acquired for foreign currency is performed taking into account foreign currency rate in relation to national currency for date of purchase of property using single coefficient of the increase approved by the Government of the Republic of Tajikistan for date of assessment.

10. The estimated value of construction in progress is determined depending on amount of the work performed in the corresponding years using single coefficient of the increase approved by the Government of the Republic of Tajikistan for date of assessment.

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