ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 215

About approval of Rules of the conclusion of the contract (contract) for the state geological studying of subsoil

According to subitem 32-3) of article 20 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of the conclusion of the contract (contract) for the state geological studying of subsoil.

2. To committee of geology and subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan (Nurabayev B. K.) provide:

1) in the procedure established by the legislation 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 the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the Vice-Minister of investments and development of the Republic of Kazakhstan A.P's Pay.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of February 27, 2015 No. 215

Rules of the conclusion of the contract (contract) for the state geological studying of subsoil

1. General provisions

1. These rules of the conclusion of the contract (contract) for the state geological studying of subsoil (further - Rules) are developed according to the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" and determine procedure for the conclusion of the contract (contract) for carrying out transaction by the state geological studying of subsoil (further - the contract).

2. The contract is signed between the physical person or legal entity (further - the Applicant) having intention to make the state geological studying of subsoil at the expense of own means and authorized body on studying and use of subsoil (further - authorized body).

3. The conclusion of the contract (contract) for the state geological studying of subsoil financed by budgetary funds is performed according to the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements".

2. Procedure for the conclusion of the contract (contract) for the state geological studying of subsoil

4. For the conclusion of the contract to authorized body the applicant submits the application in form, according to appendix to this order with appendix of the following documents:

1) for legal entities:

copies of documents on state registration as the legal entity;

2) for physical persons:

copies of identity documents of the applicant, about registration as the individual entrepreneur in bodies of state revenues.

5. The authorized body considers the request for the conclusion of the contract within ten working days from the date of receipt of the request.

6. The authorized body in time, stipulated in Item 5 these rules, refuses the conclusion of the contract in cases:

1) representations by the applicant of incomplete document package;

2) submissions of false information by the applicant;

3) if the declared area gets on the contract area or on lands of especially protected natural territories, in cases, stipulated in Item 3 articles 23 of the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories".

7. In case of revenues in authorized body to the required territory of two or more requests at the same time the contract is signed with the applicant who submitted the application for the conclusion of the contract to the first.

8. In case of lack of the bases for refusal in the conclusion of the contract, stipulated in Item 6 these rules, the authorized body in time, stipulated in Item 5 these rules, in writing notifies the applicant on possibility of the conclusion of the contract with indication of the term of provision of the project documentation in the field of the state geological studying of subsoil.

The project documentation shall contain data on types, amounts of works and cash amount, with breakdown by years, these works allocated by the applicant for accomplishment.

9. For the conclusion of the contract the applicant within three months from the date of receipt of the notification on possibility of the conclusion of the contract in authorized body provides the project documentation.

The term of provision of the project documentation is prolonged by authorized body according to the written address of the applicant, but no more than for three months, in case of the address of the applicant at least in ten working days prior to the expiration specified in the notification of authorized body.

10. If in the terms determined by authorized body, the applicant does not submit the project documentation, the authorized body within ten working days from the moment of the expiration of provision of the project documentation directs to the applicant motivated refusal in the conclusion of the contract.

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