ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 5, 2014 No. 129

About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determinations of feasibility of the budget crediting

According to Items 14 and 16 of Article 151, Item 6 of Article 152, Items 5 and 21 of Article 153, Item 13 of Article 154, Items 10 and 11 of Article 157, Items 3 and 4 of Article 159, subitems 1) and 2) Article 187 of the Budget code of the Republic of Kazakhstan, the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" PRIKAZYVAYU:

1. Approve the enclosed Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of the budget crediting.

2. To department of budget investments and development of public-private partnership (Ayazbayev N. A.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) publication of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. This order becomes effective from the date of its state registration.

The paragraph the fourth Item parts one 53, Item part seven 114, Item part nine 115, part nine of Item 138 of Rules are effective till December 31, 2015.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129

Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of the budget crediting

Chapter 1. General provisions

1. These rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of the budget crediting (further – Rules) are developed according to Items 14 and 16 of Article 151, Item 6 of Article 152, Items 5 and 21 of Article 153, Item 13 of Article 154, Items 10 and 11 of Article 157, Items 3 and 4 of Article 159, subitems 1) and 2) of Article 187 of the Budget code of the Republic of Kazakhstan, the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure for development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determination of feasibility of the budget crediting, except for procedure for planning and realization of budget investments of the special state bodies performing intelligence and counterintelligence activities, procedure for planning and realization of budget investments within the pilot national project in the field of education.

2. In these rules the following concepts are used:

1) Special state fund - the control account of cash opened in the central authorized body on budget implementation according to the Budget code of the Republic of Kazakhstan for transfer of receipts and expenditure of money for the purpose of financing of social, economic projects of the Republic of Kazakhstan, and also expenses of authorized body on return of assets according to the procedure determined by the legislation of the Republic of Kazakhstan;

2) assessment (during economic examination) - the conclusions characterizing information provided in the feasibility statement on the budget investment project or in financial and economic reasons for budget investments;

3) the administrator of the budget programs (further - ABP) - the state body responsible for planning, reasons, realization and achievement of results of the budget programs;

4) budget investments - the financing from the republican or local budget directed to creation and (or) development of assets of the state by implementation of the budget investment projects and also forming and (or) increase in the authorized capital of legal entities, except for the assets directed to initiation of efficient measures for ensuring social and economic stability;

5) financing sources on budget investments - means republican and/or local budgets, including borrowed funds, and also funds of Special state fund allocated for realization of budget investments;

6) economic effect of realization of budget investments - the indicators of direct and indirect economic effect expected from realization of budget investments, reflected in measure calculation of economic effect;

7) effectiveness of budget investments - availability of the proofs confirmed with calculations, cost and financial performance of budget investments by means of forming and (or) increase in the authorized capital of the legal entity, and also possibility of achievement of indicators of results, availability of performance indicators and quality.

On the budget investments planned to realization by means of participation of the state in the authorized capital of legal entities in the form of non-commercial joint-stock companies, the state companies performing activities in the social sphere and which main source of the income is the republican and (or) local budget availability of proofs of cost and financial performance it is not required;

8) feasibility of budget investments - reasons for economic feasibility of implementation of budget investments by means of forming and (or) increases in the authorized capital of the legal entity and implementation of the budget investment projects, their influences on national economy and compliance of the project to provisions of documents of System of state planning, to annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan and orders of the President of the Republic of Kazakhstan;

9) the budget investment project (further - BIP) - set of the actions directed to creation (construction) new or reconstruction of the available objects, and also creation and development of objects of informatization, except for the objects of informatization intended for realization of the tasks aimed at providing activities of the President of the Republic of Kazakhstan, and also objects of informatization of the special state bodies realized at the expense of the budgetary funds directly by the administrator of the budget program during the certain period of time and having complete nature, directorate on implementation of the pilot national project in the field of education during the certain period of time and having complete nature;

10) the economic conclusion according to the budget investment project - the conclusion of the central or local authorized body on state planning regarding economic feasibility of implementation of the budget investment project, its influence on national economy and the compliance to documents of System of state planning prepared based on the conclusion of economic examination of the feasibility statement on the budget investment project;

11) monitoring of the budget investment projects - set of actions for regular and systematic collection and information analysis about the course of creation (construction) new, reconstruction of the available objects, and also creations and developments of objects of informatization from the moment of allocation of budgetary funds until commissioning;

12) assessment of implementation of the budget investment projects - set of measures for determination of extent of goal achievement of the project and compliance of actually received results to planned from the moment of commissioning of the facility;

13) the specification on development or adjustment of the budget investment project - the document determining requirements to the feasibility statement on the budget investment project, qualification requirements to his potential developer, and also regulating terms and amount of works on development or adjustment of the feasibility statement on the budget investment project;

14) feasibility of the budget investment project - approachibility of indicators of project deliverables;

15) resource and infrastructure providing the budget investment project - the indicators characterizing the planned and reached level of need for resource and infrastructure security of the project;

16) economic examination of the feasibility statement on the budget investment project - complex assessment of information provided in the feasibility statement, regarding determination of feasibility and efficiency of the project, carried out based on the conclusion of industry examination and others, the conclusions of examinations required according to the legislation of the Republic of Kazakhstan;

17) efficiency of the budget investment project - approachibility of the best direct result with use of required amount of budgetary funds or goal achievement of the project with use of smaller amount of budgetary funds or receipt of positive economic effect of project implementation;

18) the budget crediting - the process including procedures of decision making about provision, use, servicing and repayment of budget credit;

19) payback of the actions realized at the expense of budget credit - availability of the proofs confirmed with calculations, recoverability of budget credit and financial performance of the project;

20) complex non-departmental examination - the examination of construction projects of objects (including industry and departmental examinations), which is carried out by the principle of "one window" according to the feasibility statements and the design estimates intended for construction of buildings and constructions, their complexes, engineering and transport communications according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities in the Republic of Kazakhstan;

21) cost and social efficiency of implementation of actions by means of the budget crediting - availability of the proofs confirmed with calculations, availability of social and economic benefits from the project planned to realization by means of the budget crediting;

22) Gant's chart - the chart used for illustration of graphical display of the sequence and duration of the project plan and the working schedule in time;

23) monitoring of budget investments by means of participation of the state in the authorized capital of legal entities - set of actions for regular and systematic information collection, accounting and the analysis of realization of budget investments by means of participation of the state in the authorized capital of the legal entities involved from the republican or local budget, by means of forming of the original authorized capital, acquisition of the block of shares (share) of legal entities until final realization of the specified actions;

24) assessment of budget investments by means of participation of the state in the authorized capital of legal entities - set of measures for determination of extent of goal achievement and compliance of actually received results to planned from the moment of final implementation of actions;

25) economic examination of financial and economic reasons for budget investments by means of participation of the state in the authorized capital of legal entities - complex assessment of information provided in financial and economic reasons, regarding compliance of actions to criteria of justification and effectiveness, carried out based on the conclusion of industry examination and required according to the budget legislation of the Republic of Kazakhstan of other conclusions of examinations;

26) the economic conclusion on budget investments by means of participation of the state in the authorized capital of legal entities - the conclusion of the central or local authorized body on state planning regarding economic feasibility of implementation of budget investments, their influence on national economy and the compliance to documents of System of state planning prepared based on the conclusion of economic examination of financial and economic reasons for budget investments by means of participation of the state in the authorized capital of legal entities;

27) planning documents of activities of legal entities - the development strategy for 10 years and development plans for 5 years of national managing holdings, national holdings, the national companies with participation of the state in the authorized capital, and also the development plans for the joint-stock companies and limited liability partnerships, the state companies controlled by the state approved in the procedure established by the legislation of the Republic of Kazakhstan on development and approval of development strategies on 10 years and development plans for 5 years of national managing holdings, the national holdings, the national companies with participation of the state in the authorized capital controlled by the state of joint-stock companies and limited liability partnerships, the state companies;

28) the purposes of development of the legal entity - implementation of actions, aimed at the development of industry, improvement of economic and social situation in industry which are not providing covering of the current losses of economic activity and financing of current expenses;

29) budget investments by means of forming and (or) increase in the authorized capital of the legal entity (further - Investments) - implementation of actions, aimed at the development of the legal entity by means of forming and (or) increases in its authorized capital from the republican or local budget;

30) the receiver of budget investments by means of forming and (or) increase in the authorized capital of the legal entity (further - the Receiver) - the legal entity who is the final receiver of means for increase or forming of the authorized capital, realizing actions at the expense of budget investments;

31) justification of budget investments by means of forming and (or) increase in the authorized capital of the legal entity - availability of the proofs documented and (or) calculations, the amount of financing on implementation of actions, and also impossibility of financing of actions at the expense of own and borrowed funds;

32) the investment offer - the conceptual offer proving feasibility of implementation of the state investment projects within implementation of documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan and orders of the President of the Republic of Kazakhstan, reflecting the purpose of investment, way of its achievement and possible methods of financing, including set of the relevant activities, developed by administrators of the budget programs;

33) the project of institutional state-private partnership - the project planned to realization by participation of the state in the company of public-private partnership according to the agreement of public-private partnership;

34) information leaf of the investment offer - the document containing the main information on the state investment project, disclosing feasibility of its realization;

35) the economic conclusion on the investment offer - complex assessment of information provided in the investment offer, with use of the analysis of benefits and costs, carried out based on the conclusion of industry examination and other conclusions of the examinations required according to the budget legislation of the Republic of Kazakhstan;

36) subjects of the quasi-public sector - the state companies, limited liability partnerships, joint-stock companies, including national managing holdings, national holdings, the national companies, participant or the shareholder of which is the state, and also the affiliated, dependent and other legal entities who are affiliated with them according to legal acts of the Republic of Kazakhstan;

37) the concessionary project - set of actions for implementation of the concession realized during the limited period of time and having complete nature according to the budget legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About concessions";

38) the creditor - the party of the credit agreement granting budget credit according to the budget and civil legislation of the Republic of Kazakhstan;

39) the legal entity determined by the Government of the Republic of Kazakhstan or local executive bodies - "Kazakhstan Center of Public-private Partnership" joint-stock company, according to the order of the Government of the Republic of Kazakhstan of July 17, 2008 No. 693 "About creation of the specialized organization for concession" or the legal entity determined by the decision of local executive body;

40) economic examination of financial and economic reasons for the budget crediting for realization of the state investment policy by the financial agencies and purchase of agricultural products by the national company in the sphere of agro-industrial complex participating in ensuring food security, the legal entity determined by the Government of the Republic of Kazakhstan or local executive bodies - complex assessment of information provided in financial and economic reasons regarding compliance of actions to criteria "cost and social efficiency of implementation of actions by means of the budget crediting" and "payback of the actions realized at the expense of budget credit";

41) financial and economic reasons (further - FEO) - the document containing data on feasibility, justification and result assessment from investment of budgetary funds in the authorized capital of legal entities;

42) the financial agency - national managing holding and legal entities whose hundred percent of shares belong to national managing holding, and also bank or the organization with absolute participation of the state performing the separate types of banking activities authorized according to the legislation of the Republic of Kazakhstan on realization of the state investment policy in certain spheres of economy and performing for this purpose borrowings in the financial market of the Republic of Kazakhstan and (or) the international financial market;

43) financial and economic reasons for the budget crediting for realization of the state investment policy by the financial agencies and purchase of agricultural products by the national company in the sphere of agro-industrial complex participating in ensuring food security (further - FEO of budget credit) - documentation containing results marketing, socio-economic analysis, and also financial calculations, the proving paybacks and cost and social efficiency of implementation of actions by means of the budget crediting;

44) participants of the financial scheme - the organizations participating in obtaining and distribution of budget credit except for of the final borrowers who are not subjects of the quasi-public sector;

45) adjustment of financial and economic reasons - change of the set financial and economic parameters of budget investments by means of participation of the state in the authorized capital of the legal entities attracting amendment and (or) change of actions, technical technology solutions, increase in the expenses provided on the approved actions;

46) the borrower - the party of the credit agreement obtaining budget credit which incurs obligations on repayment of principal debt and payment of remuneration, and also other payments according to the credit agreement;

47) participants (further - Participants) - the organizations participating in obtaining and distribution of budget investments by means of forming and (or) increase in the authorized capital of the legal entity;

48) component - the action component having complete nature;

49) the marketing circle - set of active subjects and conditions in which activities of the legal entity are performed, being the final receiver of means for increase or forming of the authorized capital, realizing actions at the expense of budget investments, and influencing opportunities to establish and maintain the relations of successful cooperation with target clients;

50) the state investment project (further - GIP) - complex of the actions directed to achievement of strategic objectives of the state by implementation of budget investments and projects implementation of PPP, including concessionary projects;

51) multiplicative effect - influence on development of economy when implementing budget investments in the corresponding industry;

52) indicators of results - set of the target indicators, straight lines and resulting effects characterizing activities of state body for implementation of the development plan for state body, development plans for area, city of republican value, the capital and (or) the budget programs;

53) product - the result of economic activity provided in material and material (material product) or non-material (intellectual product) form, or in work type and (or) services, including financial;

54) pilot project - the investment project planned to realization within the order of the President of the Republic of Kazakhstan on construction of facilities in spheres of health care, education, housing construction in the city of Astana, Jambyl and North Kazakhstan areas provided in documents of System of state planning;

55) the conclusion of industry examination - assessment of the investment offer of the state investment project or feasibility statement on the budget investment project, or financial and economic reasons for budget investments regarding compliance to priorities of development of industry;

56) the estimated cost of construction (further - estimated cost) - the money necessary for implementation of asset construction which amount is determined on the basis of project materials and the estimate regulatory base;

57) the feasibility statement (further - the feasibility study) - the document containing data on the main technical, technology and other solutions, and also results of studying of feasibility and efficiency of the budget investment project which is carried out on the basis of the economic analysis of benefits and costs with determination of the key technical and economic parameters;

58) adjustment of the feasibility statement - change of the set technical and economic parameters of the budget investment project involving change of technical solutions and additional expenses;

59) technical and economic parameters - the main indicators provided in the feasibility statement or in the investment offer of BIP directed to creation and development of objects of informatization;

60) the final borrower - the final receiver of the budget credit granted to it by the specialized organization or the borrower on behalf of local executive body on the conditions determined by the creditor or the financial agency;

61) resulting effect - the indicator of the budget program which is quantitatively measuring goal achievement of the development plan for state body, the development plan for area, city of republican value, the capital and (or) the budget program, caused by achievement of direct results of activities of state body;

62) direct result - the quantity characteristic of amount of the carried-out state functions, powers and the rendered state services within the provided budgetary funds which achievement completely depends on the organization activity performing these functions, powers or the rendering service;

63) action - complex of the interconnected component(s) directed to accomplishment of the tasks which are carried out within implementation of budget investments.

Chapter 2. Procedure for development or adjustment, conducting necessary examinations of the investment offer of the state investment project

Paragraph 1. Procedure for development or adjustment of the investment offer of the state investment project

3. Process of development, adjustment and consideration of investment offers of GIP represents the complex of actions containing the following main stages:

1) representation of ABP of investment offers in the central or local authorized body on state planning;

2) consideration and preparation of the economic conclusion on the investment offer the central or local authorized body on state planning.

4. Development of investment offers of GIP is performed by ABP.

On uniform (same) GIP development of ABP of one investment offer is allowed.

If before enforcement of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the budget legislation" on the investment offer the PIP, the feasibility study for BIP, FEO of Investments, the concessionary offer of concessionary projects the conclusion of economic examination, experimental testimony or the economic conclusion was drawn, and also GIP is provided in the relevant budget (the type and method of financing is determined), that ABP is not required development of the investment offer of GIP, besides the authorized body on state planning can provide the additional economic conclusion to earlier issued economic conclusion on the investment offer the PIP, the feasibility study for BIP, FEO of Investments, the concessionary offer of concessionary projects.

4-1. Development of the investment offer on pilot project is not required.

5. GIP are subdivided into the following types:

1) budget investments which can be directed on:

creation (construction) and reconstruction of objects which can be technically difficult and (or) unique, and technically simple and (or) standard, and also creation and development of objects of informatization;

institutional development of industry (industries) by means of forming or increase in the authorized capital of subjects of the quasi-public sector;

2) projects of public-private partnership (further - PPP), including concessionary projects.

6. Investment offers of GIP include the following documents:

1) information leaf of the investment offer on form according to appendix 1 to these rules;

2) conclusion of industry examination of the investment offer;

3) calculations for possible types and methods of financing of GIP (the budget investment project, budget investments by means of participation of the state in the authorized capital of legal entities, the project of public-private partnership, including the concessionary project, budget credit, private investments);

4) calculations and reasons for cost of GIP according to construction standard rates or calculation procedure and standard rates of costs for creation, development and maintenance of objects of the informatization of state bodies approved according to the subitem 23) of article 7 of the Law of the Republic of Kazakhstan "About informatization" (further – the Technique);

5) if the investment project does not require development of the feasibility study to the investment offer, the specification on designing or the specification on creation and development of object of informatization of "the electronic government" in addition is submitted;

6) in case of adjustment of the feasibility study for BIP, FEO of Investments, the feasibility study or FEO of the budget crediting:

the comparative table with indication of expected changes of technical solutions and (or) additional expenses according to the feasibility study the PIP or FEO of Investments, and also the PIP or FEO of Investments approved by the feasibility study (when implementing the Investments directed to creation (construction) new or reconstruction of the available objects, as a part of the approved FEO of Investments the approved feasibility study (developed according to these rules) or the approved design estimates (further - the design and estimate documentation) is submitted;

calculation reasons of cost of adjustment, and also conducting necessary examinations of the feasibility study the PIP or FEO of Investments, the feasibility study or FEO of the budget crediting by components and terms of their development;

if GIP is implemented in the territory of foreign states, the relevant documents confirming the initial and offered to adjustment cost of GIP, approved according to the procedure, established by the legislation in the field of construction of that state in the territory of which this project is implemented with appendix of the text of the specified legislation and with ensuring its transfer on the Kazakh and (or) Russian languages are submitted;

the letter of complex non-departmental examination on feasibility of the expected made changes in project solutions of earlier approved feasibility study and (or) the design and estimate documentation of budget investments;

the explanatory note containing information on achievement or not achievement of the indicators specified in the approved feasibility study the PIP or FEO of Investment including in case of complete development of the allocated budgetary funds with indication of the reasons not of achievement;

7) in case of acquisition by subjects of the quasi-public sector of assets, in particular shares of the authorized capital of legal entities, it is necessary to provide the conclusion of value assessment of these assets, prepared:

the independent estimative companies if the asset cost does not exceed 1 300 000 (one million three hundred thousand) monthly settlement indicators in current prices;

the international professional organizations of appraisers if the asset cost exceeds 1 300 000 (one million three hundred thousand) monthly settlement indicators in current prices;

8) if ABP is offered to implement GIP by increase in the authorized capital of the legal entity, the investment map of the subject of the quasi-public sector according to the investment projects realized, realized and planned to realization for the five-year period which is represented on the electronic medium according to appendix 1-1 to these rules in addition is submitted;

9) in case of forming of the authorized capital of the legal entity, more than 50% of shares (shares in the authorized capital) which directly or indirectly belong to the state, the decision of antimonopoly authority according to regulations of the Entrepreneurial code of the Republic of Kazakhstan in addition is submitted;

10) in case of unprofitability of the legal entity in the periods preceding the planned period the plan for financial and economic improvement of the legal entity approved by executive body of the legal entity is submitted;

11) in case of realization of the budget investments directed to completion of object of construction in progress the data on construction in progress condition confirmed with technical inspection and the conclusion of technical supervision in addition are represented.

7. Information leaf of the investment offer contains information on priorities of development of industry (sphere) of economy, the established documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan, general information on investment projects (project) and actions including their main indicators. 

8. Information leaf of the investment offer contains:

1) data on ABP and GIP offered to realization;

2) retrospective (information on earlier allocated and mastered funds on GIP, including on the current programs);

3) marketing analysis of industry;

4) the general description of GIP assumed to realization;

5) institutional scheme of management of GIP;

6) social and ecological impact;

7) alternative options of realization of GIP by possible types and methods of financing.

9. The conclusion of industry examination of the investment offer contains assessment:

1) problems of current status of industry which influences its further development, and also the comparative analysis of the services operating provided and offered;

2) expected multiplicative effect of realization of GIP on allied industries (spheres) of economy, including influence on replenishment of revenues of the budget, creation of new workplaces;

3) the alternative options considered in case of the choice of way of solving the problem with reasons for the choice of GIP as optimum way of its decision taking into account foreign experience;

4) justification of the expected institutional scheme of management of GIP (the main participants, the scheme of their interaction, distribution of benefits and costs of asset holders, the scheme of management of GIP in the investment and post-investment periods);

5) expected risks on the project (financial, operational, technical, credit, normative and legal, technological, marketing, market, commercial, ecological and social risks) and actions for their minimization;

6) compliance of GIP to documents of System of state planning, to annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan;

7) justification of amount of GIP.

The investment offer of the state investment project in the sphere of informatization ABP are brought in authorized body and authorized body in the sphere of ensuring information security for receipt of the conclusions in spheres of informatization and information security.

Examination in the sphere of informatization of investment offers is performed according to the rules of conducting examination in the sphere of informatization of investment offers, financial and economic reasons for budget investments approved according to Item 1 of article 57 of the Law of the Republic of Kazakhstan "About informatization".

Assessment regarding justification of calculations of expenses, determinations of feasibility and efficiency of the budget investment project directed to creation and development of objects of informatization is performed by authorized body in the sphere of informatization, according to Item 2 of article 57 of the Law of the Republic of Kazakhstan "About informatization" and it is specified in the conclusion in the sphere of informatization;

8) justification of the priority choice of the mechanism of realization of GIP depending on requirement of the state investments.

The industry conclusion on the investment offer of GIP is provided to ABP within 30 working days from the moment of introduction by subjects of the quasi-public sector of the documents specified in Item 6 of these rules.

The industry conclusion of the central authorized body according to the budget investment projects aimed at the development of the information systems which are not requiring development of the feasibility statement contains the calculations and reasons corresponding to standard rates of costs for development of information systems in the sphere of informatization.

The cost of the budget investment projects aimed at the development of the information systems which are not requiring development of the feasibility statement proves to be true based on the calculations and reasons provided as a part of the industry conclusion of authorized body in the sphere of informatization.

10. If realization of GIP is offered at the expense of means of the republican budget, the conclusion of industry examination of the investment offer is provided by the central authorized body of the corresponding industry, in case of impossibility of reference of GIP to any certain industry, the industry conclusion is provided to ABP.

If GIP assumed to realization at the expense of means of the republican budget affects the sphere of responsibility of several industry central state bodies, the specified industry central state bodies in addition provide the conclusions of the corresponding industry examinations of GIP.

At the same time, the additional conclusions of industry examinations are provided by the relevant industry central state bodies signed by the first head or replacement his face, or person authorized separately on each GIP by the first head of state body only regarding impact assessment of realization of GIP on the supervising industry and compliance to industry priorities.

If realization of GIP, is offered at the expense of means of Special state fund, the conclusion of industry examination of the investment offer contains assessment of conformity to the criteria of social and economic projects determined by the Rules of selection and determination of criteria of social and economic projects approved by the order of the Minister of national economy of the Republic of Kazakhstan of September 20, 2023 No. 165 (it is registered in the Register of state registration of regulatory legal acts for No. 33441).

11. If realization of GIP is offered at the expense of funds of the local budget or target transfers for development and the credits from the higher budget, the conclusion of industry examination of the investment offer is provided by the industry local executive body financed from the local budget in case of impossibility of reference of ABP to any certain industry, the industry conclusion is provided to ABP.

If GIP assumed to realization at the expense of funds of the local budget or target transfers for development and the credits from the higher budget affects the sphere of responsibility of several industry local authorities, the specified industry local state bodies in addition provide the conclusions of the corresponding industry examinations of GIP.

12. Calculations for possible types and methods of financing of GIP which include basic parameters of financial and economic model and measure calculation of economic effect of project implementation are represented in forms according to appendix 2 to these rules.

13. Calculations and reasons for cost of GIP in the sphere of informatization correspond to the Technique.

14. The investment offer of GIP, including the documents specified in Item 6 of these rules is drawn up in the procedure established by the legislation of the Republic of Kazakhstan for official documents.

15. ABP create and represent to the central or local authorized body on state planning the investment offers of GIP including the documents specified in Item 6 of these rules by means of information system of state planning (further - ISGP).

16. In case of the direction of the investment offer of GIP for preparation of the economic conclusion to the central or local authorized body on state planning, check on completeness of the submitted documents is performed by ISGP automatically.

17. The investment offer on adjustment of budget investments is developed only in the following cases:

1) adjustments of the feasibility study PIP;

2) adjustments of FEO of Investments;

3) adjustments of the feasibility study or FEO of the budget crediting;

4) if following the results of consideration of the feasibility study for BIP, FEO of Investments, the feasibility study or FEO of budget credit the economic conclusion of the central or local authorized body on state planning recommends other types and methods of realization of GIP.

Adjustment of the investment offer on BIP, directed to creation and development of objects of informatization is performed in case of change of the set technical and economic parameters involving change of technical solutions and additional expenses.

The investment offer on adjustment of budget investments is made only on the project on which change of technical and economic parameters from earlier made investment offer on uniform (same) GIP having the positive economic conclusion is supposed.

On the projects which are not assuming change of technical and economic parameters, introduction of the corrected investment offer for conducting the examinations provided by these rules it is not required.

Paragraph 2. Procedure for conducting necessary examinations of the investment offer of the state investment project

18. Conducting necessary examinations of the investment offer of GIP represents consideration of the documents specified in Item 6 of these rules and preparation of the economic conclusion by the central or local authorized body on state planning investment offers of ABP.

The central or local authorized body on state planning considers investment offers of ABP regarding economic feasibility, compliance of project objectives to priorities of development of industry (sphere) of economy, the established documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan, in time and the economic conclusion sends no more than 20 (twenty) working days to ABP on them.

19. Expertize on the investment offer is carried out using the analysis of benefits and costs and performed according to technique of selection of GIP according to appendix 3-1 to these rules.

The analysis of benefits and costs is characterized by assessment of the following indicators:

1) the budget efficiency - the relative indicator of effect for the budget as a result of implementation of investments determined as the relation of the result received by the budget to costs;

2) payback of GIP - possibility of GIP provided in investment offers to generate cash flows;

3) priority of GIP - the importance of realization of GIP caused by social, strategic, political, ecological and other factors.

20. Result of the economic conclusion of the central or local authorized body on state planning is determination of possible type and methods of financing of GIP from the budget.

21.  No. 61 is excluded according to the Order of the Acting Minister of national economy of the Republic of Kazakhstan of 16.02.2018

22. The economic conclusion on the investment offer on GIP is prepared by the central or local authorized body on state planning in form according to appendix 3 to these rules and ABP by means of ISGP is represented.

22-1. ABP, no later than 90 (ninety) working days after receipt of the positive economic conclusion on the investment offer on GIP, bring in the central or local authorized body on state planning developed FEO.

If financing and conducting examinations of the feasibility study the PIP, except for economic examination, are performed at the expense of means of the distributed budget program of the central or local authorized body for state planning, ABP, no later than 15 (fifteen) working days after development of the feasibility study the PIP, and also receipts of the positive conclusion of non-departmental examination on the developed feasibility study the PIP, introduce in the central or local authorized body on state planning the developed feasibility study the PIP.

The economic conclusion on the investment offer on GIP, including on corrected on which within three years after determination of type and methods of financing development is not begun feasibility studies, the design and estimate documentation, FEO, the tender documentation of the project of public-private partnership (are not developed), and also realization of BIP directed to creation and development of object of informatization is considered obsolete.

Chapter 3. Procedure for planning, consideration and selection of budget investments

Paragraph 1. Procedure for planning of budget investments

23. Planning of BIP is performed in three stages:

1) development and conducting examinations of investment offers, except for pilot project;

2) development or adjustment, and also conducting necessary examinations of the feasibility study the PIP, except for the projects which are not requiring development of the feasibility study;

3) selection of BIP at stage of development of the budget.

24. Planning of Investments is performed in three stages:

1) development and conducting examinations of investment offers or business plan of the project of PPP;

2) development or adjustment, and also conducting necessary examinations of FEO;

3) selection of Investments at stage of development of the budget.

Paragraph 2. Procedure for distribution of funds for financing of development or adjustment, and also conducting necessary examinations of feasibility statements on the budget investment projects

25. ABP based on the positive economic conclusion on investment offers of GIP represent to the central or local authorized body on state planning the request about need of assignment according to the distributed budget program for development or adjustment, and also conducting necessary examinations of the feasibility study the PIP in the current year in which the positive economic decision is received, or in the following planned financial year (further - the request for financing of development of the feasibility study the PIP) and the specification.

26. The specification on development or adjustment of the feasibility study the PIP is constituted and considered based on requirements to development or adjustment, and also conducting necessary examinations of the feasibility study the PIP determined by these rules if other is not stipulated by the legislation of the Republic of Kazakhstan.

In the draft of the specification are also reflected:

1) qualification requirements to the potential developer of feasibility study of BIP according to the legislation on public procurements;

2) scope and restrictions of obligations of developer according to the legislation on public procurements;

3) expected terms of development or adjustment, and also conducting necessary examinations of the feasibility study PIP.

26-1. In the cases established by the legislation of the Republic of Kazakhstan within development or adjustment of the feasibility study the PIP is financed conducting the corresponding necessary examinations, except for economic examination.

Financing and conducting examinations of the feasibility study the PIP are performed at the expense of means of the distributed budget program of the central or local authorized body for state planning.

Means of the distributed budget program are subject to distribution within financial year between various ABP based on the central authorized body approved by the order on state planning or the act of local executive body of the List of BIP, financing of development or adjustment, and also conducting necessary examinations of the feasibility study of which are performed at the expense of means of the distributed budget program of the central or local authorized body for state planning.

If financing of local BIP is performed at the expense of funds of target transfers for development from the republican budget in the local budget, financing of development of the feasibility study is performed at the expense of the distributed budget program of local authorized body for state planning.

26-2. Process of financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP at the expense of funds distributed the budget programs represents the complex of actions containing the following main stages:

1) provision of ABP of requests for financing of development or adjustment, and also conducting necessary examinations of the feasibility study PIP;

2) forming and approval of Lists of financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP of which are performed at the expense of means of the appropriate distributed budget programs;

3) financing of development or adjustment, and also conducting necessary examinations of the feasibility study PIP.

26-3. ABP submit requests for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP to the central or local authorized body on state planning.

26-4. In the request for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the period of application of funds can constitute the PIP more than one year, but no more than the term determined in the offer of the relevant budget commission and it is provided according to the budget legislation of the Republic of Kazakhstan.

26-5. The PIP is applied to the request for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the calculation confirming the declared cost of development or adjustment of the feasibility study the PIP (according to the regulating document on pricing in construction and to the estimate norms approved by authorized body for architecture, town planning and construction according to subitem 6-2) of article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan").

27. The central authorized body on state planning creates the conclusions according to investment offers of GIP based on the positive economic conclusion on development or adjustment, and also on conducting necessary examinations of the feasibility study the PIP, letters for financing of ABP, the specification and submits for consideration of the republican budget commission (further - RBC).

The local authorized body on state planning following the results of consideration of investment offers creates according to them the conclusions and sends them for consideration of the budget commission based on the positive economic conclusion on development or adjustment, and also on conducting necessary examinations of the feasibility study the PIP, letters on financing of ABP, the specification.

28. The conclusion according to investment offers submitted for consideration of the relevant budget commission contains the following main data:

1) name PIP;

2) the cost of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP offered to financing of ABP;

3) the cost of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP offered to financing by authorized body on state planning;

4) compliance of BIP to the directions, purposes, tasks and provisions determined by documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan;

5) the expected result of accomplishment of tasks.

29. On BIP approved by the budget commissions, containing in investment offers, the central or local authorized body on state planning the list, development or adjustment, and also conducting necessary examinations of the feasibility study creates the PIP on which are performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.

The list, development or adjustment, and also conducting necessary examinations of the feasibility study the PIP containing the name and the amount of financing on each project affirm the order of the central authorized body on state planning or the act of local executive body which preparation is performed by the central or local authorized body on state planning.

29-1. Forming, submitting for examination of the relevant budget commission and approval of amendments and changes in lists on the remained amount of means of the appropriate distributed budget programs are performed according to the procedure, established by these rules.

In cases of non-use or partial use within financial year of the budgetary funds allocated according to the appropriate distributed budget programs for financing of development or adjustment, and also conducting necessary examinations of the feasibility study for BIP, ABP provide return of unused part of the allocated budgetary funds before the last refining of the relevant budget.

Return of the budgetary funds which developed by results of economy at ABP, except for reducings the budget programs when carrying out the sequester of expenses of the budget is performed by recovery of the appropriate budget programs of the central or local authorized body on state planning without relevant decision of the budget commission based on the developed in the procedure established by these rules and accepted order of the central authorized body on state planning or regulatory legal act of local executive body about introduction of amendments to the order of the central authorized body on state planning or regulatory legal act of local executive body about 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.

When carrying out the sequester of expenses of the budget reducing means of the budget programs is performed on the ABP budget program, the received means at the expense of the distributed budget program.

In other cases return of unused budgetary funds is performed by recovery of the appropriate budget programs of the central or local authorized body on state planning based on the positive decision of the budget commission and the order of the central authorized body drafted and accepted in accordance with the established procedure on state planning or regulatory legal act of local executive body about introduction of amendments to the order of the central authorized body on state planning or regulatory legal act of local executive body about 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.

Return of ABP of unused part of the allocated budgetary funds including which developed by results of economy, to the relevant authorized body on state planning after refining of the republican budget in the second half of the year in cases of non-use or partial use within financial year of the budgetary funds allocated according to the appropriate distributed budget programs for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP is not allowed.

The first head of ABP which received budgetary funds, allocated according to the appropriate distributed budget programs for financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP, is responsible for non-use or partial use of these means.

29-2. ABP based on Lists provide development or adjustment, and also conducting necessary examinations of the feasibility study the PIP.

29-3. Financing of development or adjustment, and also conducting necessary examinations of the feasibility study the PIP is performed according to the procedure, established by the budget legislation of the Republic of Kazakhstan.

29-4. Obligations of the supplier according to the development agreement or adjustments, and also conducting necessary examinations of the feasibility study the PIP shall contain the requirement about obligatory completion of the feasibility study the PIP the supplier, in case of notes and offers on results of conducting the corresponding examinations, including return of the project to completion when carrying out economic project appraisal, ABP within total cost of the agreement.

Paragraph 2-1. Procedure for development of the feasibility statement on the budget investment project

30. Development or adjustment of the feasibility study the PIP are performed according to the procedure, certain Chapter 3 of these rules taking into account feature provided in the relevant legislations of the Republic of Kazakhstan.

31. Development of the feasibility study the PIP is performed if project implementation is provided by the directions, the purposes, tasks and provisions determined by documents of System of state planning, annual president's letters of the Republic of Kazakhstan to the people of Kazakhstan, orders of the President of the Republic of Kazakhstan.

32. The cost of BIP assumed to financing from means of government external loans and joint financing of external loans from means of the republican budget, in case of need joins expenses on technical assistance, goods, training, consulting services in management, maintenance, institutional development, supervision of project construction.

33. On the projects which do not have realization analogs in the Republic of Kazakhstan data taking into account the international experience are applied.

34. The feasibility study the PIP corresponds to the following structure:

1) summary of the feasibility study PIP;

2) Section "Marketing";

3) Section "Technical and technological";

4) Section "Ecological" (environmental impact assessment);

5) Section "Institutional";

6) Section "Financial and economic";

7) Section "Social";

8) Section "Risk analysis";

9) general conclusions;

10) appendices to the feasibility study the PIP according to the forms provided in appendices 4-14 to these rules and also the initial documents for development of the feasibility study the PIP submitted depending on specifics of the project according to these rules.

In the feasibility study the PIP depending on specifics of the project is allowed inclusion of additional Sections and appendices.

35. In the Summary of the feasibility study the PIP:

1) the short characteristic of BIP in form according to appendix 4 to these rules is specified;

2) social and economic and other conditions of the project are described existing political (with indication of legal and other orders, regulatory legal acts);

3) the possible options of goal achievement and indicators of project deliverable including considered at stage of the investment offer are specified;

4) results of technical and economic estimates on the basis of the available materials and researches, and also the requirements and conditions stated in task and for its development are specified.

36. The Section "Marketing" feasibility study PIP reflects the analysis of the existing and perspective demand for products (goods, works, services) assumed by the project in the considered region or social and economic need of the project.

This Section contains:

1) demand analysis, including assessment and reasons for amounts, types and the prices, on products (goods, works, services) which are made and will be made without project implementation or it is supposed to make as a result of project implementation, and also quantitative parameters of solvent demand;

2) the analysis of social and economic need of the project with indication of the legal basis;

3) the analysis, including assessment and reasons for amounts, types and goods prices, the works, services which are purchased within project implementation (in the investment period), and also possibilities of requirements satisfaction of the project with appendix of the corresponding price lists, price offers and other supporting documents;

4) the analysis, including assessment and reasons for amounts, types and goods prices, the works, services which are purchased in the operational period (in the post-investment period), and also possibilities of requirements satisfaction of the project with appendix of the corresponding price lists, price offers and other supporting documents;

5) the used sources of information and technique of carrying out marketing researches;

6) price lists and price offers are represented at least from two suppliers of goods, works and services (in case of lack of price lists and price offers on similar goods, works and services at least two independent estimative conclusions are provided).

Price analysis covers the following goods:

which purchase is proved by the requirements specified in the technical and technological analysis;

which characteristics conform to the requirements specified in the technical and technological analysis;

the cost of consulting services (development of the software, project management, certification) are confirmed by calculations and value assessments of resources.

36-1. If BIP is implemented in the territory of foreign states, the relevant documents confirming the cost of BIP, approved according to the procedure, established by the legislation in the field of construction of that state in the territory of which this project is implemented with appendix of the text of the specified legislation and with ensuring its transfer on the Kazakh and (or) Russian languages are submitted.

37. The Section "Technical and technological" feasibility study PIP includes the analysis of various technical technology solutions of project implementation, their benefit and shortcomings, reasons for the chosen option taking into account the analysis provided in the marketing Section.

This Section contains:

1) the analysis of possible options of site areas, reasons for the choice of location of the project with submission of information on arrangement concerning sources and suppliers of raw materials, target groups and the main beneficiaries, and also about alternative options of location of the project. On projects in the sphere of defense submission of information on alternative options of location of the project is not obligatory. On objects of informatization, assumed to financing from means of government external loans and joint financing of external loans from means of the republican budget, the analysis of possible options of placement of the server hardware of the project, including the national server center of state bodies, regional data-processing centers, server premises of the private organizations or in case of need own server room is provided;

2) description of scale of the project and settlement reasons for capacity of the project, dynamics of mastering of capacity of the project;

3) reasons for the choice of technologies and the equipment, information on technological compatibility with already used equipment, optimum ratio the price quality, alternative options of the choice of technologies and the equipment, use of the innovative equipment, use by the project of the quality standards;

4) information on security of the project with necessary engineering, transport and telecommunication infrastructure with reasons for the chosen decisions (on energy saving, warm, to water supply, the sewerage) and schemes, and also in case of need information on commissioning;

5) the schedule of project implementation (including on technological stages) with breakdown of financing on project components in form according to appendix 5 to these rules;

6) the used information sources.

The Section "Technical and technological" feasibility study PIP on projects also contains in the sphere of construction:

the main architectural and construction decisions including:

basic architectural, space-planning and constructive concepts, including: justification of planning solutions, rational use of the parcels of land, effective blocking of buildings, special attention on availability of the nature dangerous phenomena (seismicity, prosadochnost, karsts, landslides) around construction, compliance of basic architectural and composite decisions to town-planning conditions of surrounding building is paid. Key parameters most technically of difficult buildings and constructions include space-planning and constructive (construction) decisions, and their design features. Need for construction products and materials;

reasons for the choice of versions of the transport scheme, on-site ways and highways with assessment of observance of required fire-proof and sanitary and hygienic gaps between buildings and constructions, including industrial and other function;

the short characteristic and reasons for the chosen technology on the basis of the analysis of possible options of engineering procedures (schemes), structure and production structure;

In the technical and technological Section feasibility study PIP at least two possible options of goal achievement and indicators of project deliverable by which the comparative analysis is carried out are reflected and reasons for the chosen option are represented.

In case of the choice of project decisions it is necessary to consider results of the carried-out environmental impact assessment and to provide acceptance of such option which does the smallest harm to the environment and health of the person.

The Section "Technical and technological" feasibility study PIP on objects of informatization, assumed to financing from means of government external loans and joint financing of external loans from means of the republican budget, also contains:

the list of the automated functions, processes and their consumers (scheme use-case);

the analysis of possible options of architecture of object of informatization (centralized, decentralized, corporate);

analysis of options of realization of object of informatization (integration and implementation of ready decisions, own development, application of ready and own decisions);

scheme of nodes (computing means) and placements of program components of object of informatization;

scheme of telecommunications and requirements to communication channels;

reasons for requirements to computing capacities and amounts of storage and quantity of computing means on the basis of quantitative indices of scale and capacity of the project, scheme of nodes;

general description of architecture of system;

description of components of system and their interrelations;

the description of departmental and interdepartmental information systems which will be affected by implementation of this project, and also actions which need to be held on the party of these systems for successful project implementation, with appendix corresponding written the notification of the parties affected by project implementation;

the description of objects of informatization and their components which can become irrelevant as a result of project implementation;

the description of expected interaction and project integration with basic components of "the electronic government", interdepartmental information systems and databases, departmental information systems and databases, including:

description of subjects of information interaction;

the description of the applied standards of exchange to data;

the description of electronic state services within the created information systems, including:

description of groups of receivers of implementable electronic state services (physical persons, legal entities);

the current and historical indicators of demand of the electronic state services realized within the project on the scale of the Republic of Kazakhstan;

measure description of efficiency of the state services before their transfer to electronic type, including the number of required documents, waiting time for submission of documents, the term of rendering service;

the description of the flowing and planned business process of provision of electronic state services;

types of implementable electronic state services (information, interactive, transactional);

channels of provision of implementable electronic state services by receivers (physical persons, legal entities);

requirement description of information security.

38. The Section "Ecological" (environmental impact assessment) of the feasibility study the PIP contains information on impact on the environment of the made project decisions in quantitative and value term, including assessment of ecological damage from project implementation, and also about compliance of project decisions to the approved ecological standard rates and about expected actions for reduction of negative impact from project implementation.

In case of the choice of project decisions only those decisions which correspond to ecological standard rates are chosen.

39. The Section "Institutional" feasibility study PIP contains the institutional scheme of the project, including:

1) the institutional scheme of the project in form according to appendix 6 to these rules;

2) the scheme of project management with indication of the legal basis.

If necessary on project participants the full legal name, country of source, form of business, the authorized capital, founders and shares of their participation, year of education, core activities, experience of projects implementation in this sphere and other information is specified.

40. The Section "Financial and economic" feasibility study PIP contains:

1) calculation of investment costs, distribution of needs for financing for stages, components and sources of financing of the project, if necessary expenses on input of objects in operation (commissioning);

2) calculation of operating costs;

3) reasons for the scheme of financing with indication of sources (the republican/local budget, borrowed funds), conditions and the amounts of financing (including in breakdown of financing by years), on the basis of the analysis of alternative options;

4) current financial status of project participants (in case of need);

5) the financial analysis of the project including:

calculation of cost, rates, selling price of products (goods, works, services);

calculation of sales returns and net profit;

summary calculation of cash flow;

calculation of the net discounted income (Net present value – NPV), internal regulation of profitability (Internal rate of return – IRR), the discounted and simple payback periods;

sensitivity analysis of the net discounted income (NPV) and internal regulation of profitability (IRR) on key parameters (the sales volume, the price it is sold, investment and operating costs), calculation of breakeven point of the project;

6) the economic project analysis including:

the analysis of social and economic situation with the project and without project, including calculations of expected costs at the expense of budgetary funds in case of not project implementation;

the analysis of the smallest costs or cost efficiency analysis or measure calculation of cost efficiency of the project, including assessment of economic benefits and costs, calculation of the economic net discounted income (Economic net present value – ENPV) and economic internal return rate (Economic internal rate of return – EIRR);

sensitivity analysis of the economic net discounted income (ENPV) and economic internal return rate (EIRR) on key parameters (sales volume, investment and operating costs) (in case of availability of these indicators);

7) the used information sources.

On the projects which are not assuming receipt of direct cash inflows from sales of goods, works and services carrying out financial analysis of the project is not required.

In case of measure calculation of financial and cost efficiency of the project the PIP is applied information on basic parameters of financial and economic model of the project on form according to appendix 7 to these rules to the feasibility study.

Measure calculations of financial performance of the project are represented in form according to appendix 8 to these rules.

Analysis results of sensitivity of the net discounted income (NPV) and internal return rate (IRR) of the project are represented in form according to appendix 9 to this Procedure.

Indicators of the analysis of the smallest project costs are represented in form according to appendix 10 to these rules.

Indicators for cost efficiency analysis of the project are represented in form according to appendix 11 to these rules.

Measure calculation of cost efficiency of the project is represented in form according to appendix 12 to these rules.

Analysis results of sensitivity of the economic net discounted income (ENPV) and economic internal return rate (EIRR) of the project are represented in form according to appendix 13 to this Procedure.

Indicators and calculations in appendices shall be proved in the feasibility study the PIP.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info