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The document ceased to be valid since  January 10, 2016 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of December 23, 2015 No. 1034

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 13, 2003 No. 1140

About approval of Rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land

(as of March 18, 2008)

According to the Land code of the Republic of Kazakhstan of June 20, 2003 and the Law of the Republic of Kazakhstan "About public procurements" of May 16, 2002 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land.

2. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of December 10, 1996 N 1511 "About approval of the Procedure for purchase and sale of the parcels of land which are in state-owned property or the rights of permanent land use" (SAPP of the Republic of Kazakhstan, 1996, N 51, the Art. 491);

2) the order of the Government of the Republic of Kazakhstan of November 3, 1997 N 1487 "About entering of amendments into the orders of the Government of the Republic of Kazakhstan of June 20, 1996 N 760 and of December 10, 1996 N 1511" (SAPP of the Republic of Kazakhstan, 1997, N 48, the Art. 447).

3. This resolution becomes effective from the date of signing.

 

Prime Minister

Republic of Kazakhstan D. Akhmetov

Approved by the order of the Government of the Republic of Kazakhstan of November 13, 2003 No. 1140

Rules of the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land

1. General provisions

1. These rules regulate the relations connected with the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land which is in state-owned property and is not provided in land use.

2. In these rules the following basic concepts are used:

1) auction - the tendering method directed to sale of the parcel of land or right of lease to the parcel of land to physical persons and legal entities providing open competition between bidders;

2) the auctioneer - person holding auction;

3) the English method of the biddings - method of the biddings in case of which starting price raises with in advance announced step to the moment when there is one participant who offered top price;

4) the second buyer - the participant who called the second-large price;

5) the Dutch method of the biddings - method of the biddings in case of which starting price goes down with the announced step to the moment when one of participants agrees to purchase object at the announced price;

6) tender - the tendering method directed to sale of the parcel of land or right of lease to the parcel of land to the physical persons and legal entities which offered the most advantageous conditions of use of the acquired parcel of land, by installments up to five years;

7) minimum price - the price below which the parcel of land or the right of lease of the parcel of land cannot be sold.

Minimum price of the parcel of land or the right of lease of the parcel of land in case of sale by the state at the biddings (tenders, auctions) cannot be below the cadastral (estimative) cost determined by authorized body by land relations of area (the city of republican value, the capital), the area (the city of regional value) within their competence established by the Land code of the Republic of Kazakhstan;

8) the initial price - the price with which the biddings on each parcel of land or the right of lease of the parcel of land begin;

9) the organizer - the owner or the organization determined by him according to the legislation on public procurements performing preparation and tendering selling the parcel of land or the right of lease of the parcel of land;

10) the buyer - the person who won the biddings and signed the purchase and sale agreement with the seller;

11) the seller - authorized body on land relations of area (the city of republican value, the capital), the area (the city of regional value), within their competence established by the Land code of the Republic of Kazakhstan;

12) the biddings - auction, competitive form of sale of the parcel of land or the right of lease of the parcel of land;

13) the participant - the physical person or legal entity registered in accordance with the established procedure for participation in the biddings.

3. The seller performs sale of the parcel of land or right of lease of the parcel of land by the rules established by the current legislation and these rules.

4. Exclusive functions of the seller are:

1) determination of the specific parcels of land or the right of lease of the parcels of land according to the list approved by local representative body;

2) determination of form of tendering (auction, tender), and also tendering method in case of auction form of sale;

3) approval of starting and minimum price of the parcel of land and right of lease of the parcel of land, put up for sale, the sizes of the guarantee fees;

4) the conclusion of the contract for the organization and tendering with the organizer;

5) it is excluded

6) control of the course of the organization and tendering;

7) implementation of settlings with participants, buyers and organizer.

The seller will organize and holds the auction selling the parcel of land or the right of lease of the parcel of land independently, or signs the contract for their organization and carrying out with the organizer.

5. The contract for the organization and tendering selling the parcels of land or the right of lease to the parcel of land consists between the seller and the organizer and shall contain:

1) the list of the objects put up for sale;

2) tendering deadlines;

3) tendering method in case of sale of each object;

4) the list of documents on each object transferred to the organizer;

5) frequency and form of the reporting of the organizer of the course of preparation and tendering;

6) mutual obligations and property responsibility of the parties;

7) the size and conditions of receipt of remuneration by the organizer and procedure for settlement with the seller;

8) duration of the agreement and conditions of its termination;

9) penalties for non-execution or improper execution of the agreement by the parties.

6. Amount of remuneration of the organizer makes no more than 5 percent from selling price of each sold object and is paid for the account of means of the seller.

7. The seller provides to the organizer of the biddings necessary documentation on the parcel of land sold in private property or on which the right of lease of the parcel of land is on sale.

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