ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of October 7, 2015 No. 18-02/896

About approval of Rules of tendering process on provision of forest resources on sites of the state forest fund in long-term forest utilization

According to Article 35 of the Forest code of the Republic of Kazakhstan of July 8, 2003, I ORDER:

1. Approve the enclosed Rules of tendering process on provision of forest resources on sites of the state forest fund in long-term forest utilization.

2. To provide to committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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 the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and on the intranet portal of state bodies.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of October 7, 2015 No. 18-02/896

Rules of tendering process on provision of forest resources on sites of the state forest fund in long-term forest utilization

Chapter 1. General provisions

1. These rules of tendering process on provision of forest resources on sites of the state forest fund in long-term forest utilization (further – Rules) are developed according to Article 35 of the Forest code of the Republic of Kazakhstan (further – the Code) and determine procedure for tendering process by provision of forest resources on sites of the state forest fund in long-term forest utilization (further - tenders).

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

1) current price – the price of subject of the tender developing during the second stage of the tender;

2) the salesroom – the Section of the web portal providing possibility of input, storage and the information processing necessary for carrying out the second stage of the tender;

3) territorial subdivisions – territorial subdivisions of department of authorized body;

4) the initial price – the price determined and established by the organizer of the tender according to item 4 of these rules;

5) the starting price – the price offered by the potential supplier before holding the auction, attached to the auction participation application;

6) geoinformation service – the service of the automated information system intended for placement of information in graphical and text type on the electronic card on the carried-out forest managements and (or) intereconomic okhotoustroystvo;

7) the winner – the participant of the tender who offered top price for subject of the tender;

8) the guarantee fee – the sum of money granted by the participant for participation in the tender;

9) the participant – the physical person or legal entity registered in accordance with the established procedure for participation in the tender and which submitted the request through the web portal of the register;

10) forest owners – the state organizations to which sites of the state forest fund are provided on the right of permanent land use, and also physical and non-state legal entities in whose property there are sites of private forest fund according to this Code;

11) forest resources – inventory of wood, gallipot and the wood juice, minor wood resources, wild-growing fruits, nuts, mushrooms, berries, herbs and technical raw materials, other products of plant and animal origin which are, accumulated and got in forest fund;

12) object – the site of the state forest fund;

13) the electronic passport of object (further – the electronic passport) – the electronic document including the complete information about object;

14) the forest user – physical person or legal entity which is granted the right of temporary forest utilization according to the procedure, established by the Code;

15) the tender – the form of the biddings directed to provision to the winner of the tender of the right of long-term forest utilization on sites of the state forest fund in case of which the main criterion of determination of the winner is the price offered by participants;

16) subject of the tender – the right of long-term forest utilization on the site of the state forest fund;

17) number of the participant of the tender – the unique number assigned by the web portal to the participant for participation in the tender in the presence of the digital signature issued by national certification center of the Republic of Kazakhstan;

18) the organizer of the tender (further – the organizer) – the territorial subdivisions or local executive body of area performing organizational actions for preparation and carrying out the tender and interacting with the single operator according to the legislation on public procurements;

19) the final price – the price of subject of the tender established as a result of completion of the second stage of the tender;

20) the web portal of the register of state-owned property (further – the web portal) – the Internet resource placed on the Internet to the address www.gosreestr.kz, providing single point of access to data of the register;

21) the agreement – the bilateral agreement on long-term forest utilization on sites of the state forest fund, signed in electronic form on the web portal between local executive body of area and the winner following the results of the tender;

22) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

23) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. In case of transfer of forest resources to long-term forest utilization on sites of the state forest fund forest utilization types, stipulated in Item 1-2 articles 31 of the Code are performed.

4. The initial price for long-term forest utilization on the site of the state forest fund is determined by the following formula:

N = T*V, where:

N – the initial price for long-term forest utilization on the site of the state forest fund;

T – economic evaluation for 1 hectare of the site from the annual state forest inventory;

V – the area provided in long-term forest utilization.

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