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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2015 No. 1120

About approval of Rules of provision of investment subsidy

(In edition of the Order of the Government of the Republic of Kazakhstan of 27.07.2018 No. 468)

According to Item 7 of article 291 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of investment subsidy.

2. Recognize invalid:

2) the subitem 2) Item 1 of the order of the Government of the Republic of Kazakhstan of April 9, 2015 No. 210 "About modification and amendments in the orders of the Government of the Republic of Kazakhstan of May 8, 2003 No. 436 "About some questions of implementation of the Law of the Republic of Kazakhstan "About investments" and of November 4, 2014 No. 1175 "About approval of Rules of provision of investment subsidy" (SAPP of the Republic of Kazakhstan, 2015, No. 21, the Art. 115).

3. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 29, 2015 No. 1120

Rules of provision of investment subsidy

1. General provisions

1. These rules of provision of investment subsidy (further – Rules) are developed according to Item 7 of article 291 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and determine procedure for provision of investment subsidy.

2. The terms and determinations applied in these rules:

1) investment subsidy - type of the budget subsidy provided as investment preference on non-paid and irretrievable basis to the legal entity of the Republic of Kazakhstan who signed the investment contract providing implementation of investments in the amount of at least pyatimillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences (further - the request) and implementation of the investment priority project;

2) the legal entity of the Republic of Kazakhstan – the legal entity, including the legal entity with foreign participation created according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) authorized body on investments (further – authorized body) – the state body determined by the Government of the Republic of Kazakhstan according to the conclusion of investment contracts and control of their execution;

4) the investment priority project with provision of investment subsidy - the investment project on creation of new productions providing implementation by the legal entity of investments into construction of new production facilities (factory, the plant, the workshop) in the amount of at least pyatimillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application;

5) the investment contract – the agreement on implementation of the investment project providing implementation of investments and provision of investment preferences.

3. The investment subsidy is provided according to the investment priority project in case of observance of the following conditions:

1) receiver is the legal entity of the Republic of Kazakhstan;

2) the legal entity performs investments in the amount of at least pyatimillionnokratny (on creation of new productions) the size of the monthly settlement indicator established by the law on the republican budget and operating for date of application;

3) the legal entity performs the types of activity included in the list of the priority types of activity determined for implementation of investment priority projects;

4) the legal entity is not:

the autonomous organization of education according to the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on education;

the organization performing activities in the territory of special economic zone according to the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on special economic zones;

5) the share of the state and (or) the subject of the quasi-public sector who is the legal entity of the Republic of Kazakhstan as the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan, does not exceed twenty six percent.

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