of February 1, 2017 No. 48
About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment attachments
According to the subitem 15) Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories", and also the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" PRIKAZYVAYU:
1. Approve the enclosed Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment attachments.
1) the order of the Minister of Agriculture of the Republic of Kazakhstan of August 7, 2015 No. 9-3/726 "About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex, in case of investment attachments" (No. registered in the Register of state registration of regulatory legal acts 12305, published on November 30, 2015 in information system of law of Ad_let);
2) the order of the Minister of Agriculture of the Republic of Kazakhstan of June 9, 2016 No. 254 "About introduction of amendments to the order of the Minister of Agriculture of the Republic of Kazakhstan of August 7, 2015 No. 9-3/726 "About approval of Rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex, in case of investment attachments" (No. registered in the Register of state registration of regulatory legal acts 14049, published on August 16, 2016 in information system of law of Ad_let).
3. To provide to department of investment policy and financial instruments 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 from the date of 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 also in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.
4. This order becomes effective after day of its first official publication.
The deputy prime minister of the Republic of Kazakhstan is the Minister of Agriculture of the Republic of Kazakhstan
A. Myrzakhmetov
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It is approved Minister of information and communications of the Republic of Kazakhstan February 3, 2017 |
______________ D. Abayev |
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It is approved Minister of investments and development of the Republic of Kazakhstan February 2, 2017 |
______________ Zh. Kasymbek |
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It is approved Minister of Finance of the Republic of Kazakhstan February 2, 2017 |
______________ B. Sultanov |
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It is approved Minister of national economy of the Republic of Kazakhstan February 3, 2017 |
______________ T. Suleymenov |
Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of February 01, 2017 No. 48
1. These rules of subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment attachments (further – Rules) are developed according to the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" and determine procedure for subsidizing by compensation of part of the expenses incurred by the subject of agro-industrial complex (further – the AIC), in case of investment attachments.
2. Main objective of subsidizing on compensation of part of the expenses incurred by the subject of the AIC in case of investment attachments, is increase in goods availability, works and services within implementation of investment projects in the priority directions (sectors) of the AIC by decrease in capital intensity and increase in payback of the enclosed investments.
3. In these rules the following terms and determinations are used:
1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically;
2) the priority directions (sectors) of the AIC - the direction (sectors) of the AIC which have the considerable potential of development, specified in the list of the priority directions (sectors) according to appendix 1 to these rules;
3) the investment project in the AIC (further - investment the project) - the complex of actions providing investments into creation new or expansion of the operating production capacities;
4) investment attachments in the AIC (further - investment attachments) - the costs directed to creation new or expansion of the operating production capacities, including acquisition of the machinery and equipment within the investment project, except for purchase costs of the parcels of land;
5) investment subsidies in the AIC (further - investment subsidies) - compensation of part of the expenses incurred by the subject of the AIC within implementation of investment projects;
6) the investor in the AIC (further - the investor) - the subject of the AIC according to the legislation of the Republic of Kazakhstan performing investment attachments in the priority directions (sectors) of the AIC;
7) the special account - the account of financial institution in bank of the second level on which the amount of investment subsidies for providing terms of the contract of investment subsidizing according to Items 35, of 36 these rules is credited;
8) the administrator of the budget program (further - the administrator) - the Ministry of Agriculture of the Republic of Kazakhstan;
9) the passport of the project - the list of the machinery and equipment, subject to subsidizing, and also the standard rate of compensation for calculation of investment subsidies;
10) expansion of the operating production capacities - the actions providing equipment of the operating production capacities the missing or necessary equipment (equipment) or the increase in production capacities and other actions directed to growth in volumes of production and (or) reduction of cost of the made products and (or) improvement of quality of the made products, change of its packaging and (or) expansion of the range, and also other actions which purpose is occupation of new commodity niche in the market, expansion of the markets and another;
11) the commission on questions of investment subsidizing (further - the commission) - permanent collegiate organ for consideration of the applications of investors and decision making about provision/refusal in provision of investment subsidies;
12) working body of the commission on questions of investment subsidizing (further - working body) - Deraptment of Agriculture of akimats of areas, cities of republican value and the capital;
13) the agreement of investment subsidizing - the written agreement signed between working body, the investor and the operator, providing procedure and conditions of money transfer of investment subsidies, the monitoring course, responsibility of the parties and other conditions;
14) financial institutions - the banks of the second level, microfinancial institutions, credit institutions having the corresponding license for the right of banking operations, leasing companies, credit partnerships;
15) machine and tractor stations - legal entities, country / farms and the individual entrepreneurs rendering to subjects of the AIC of service in carrying out agricultural works;
16) modular design - modular, pre-fabricated construction on the basis of the frame and framework and/or beskarkasno-arch design to which panels and/or ready module containers fasten;
17) operator - the organization performing operator services in subsidizing in compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment attachments;
18) industrial complex - set of the interconnected production capacities (buildings, constructions, the mounted equipment, engineering networks and another) directed to production, conversion, storage, packaging of agricultural products.
4. Investment subsidies are paid to investors according to the list of the priority directions (sectors) according to appendix 1 to these rules (further - the List of the priority directions), on construction costs of modular designs, the machinery and equipment acquired or put into operation within the investment project, except for Section 2 and 4 of the list of the passports of the projects which are subject to subsidizing, provided in appendix 2 to these rules (further - the List of passports of projects).
To subsidizing the investment projects put into operation, not earlier than two years about year of application are subject to the operator, directed to creation new or expansion of the operating production capacities (investment attachments). At the same time expenses on acquisition new, earlier unused the machinery and equipment, suffered by the investor not earlier than 24 months before date of input of the investment project in operation are subject to subsidizing.
At the same time till July 1 of the corresponding calendar year requests for provision of investment subsidies in the directions (sectors) of the first group specified in the List of the priority directions are accepted and considered. In the first group of the request of investors are considered according to the procedure of priority on the priority provided in the List of the priority directions.
After July 1 of the corresponding calendar year requests of investors in the directions of the first and second groups are accepted and considered. At the same time in priority procedure requests of investors of the first group on the priority provided in the List of the priority directions irrespective of date of application are considered. Requests of the second group are considered on the priority provided in the List of the priority directions.
During all calendar year on commission session in priority procedure requests of agricultural cooperatives according to the procedure of the priority provided by parts three and four of this Item are considered.
5. Subsidizing is performed in the place of implementation of the investment project.
6. Part of investment attachments in case of construction of the modular designs, acquisition of the equipment and/or equipment specified in the List of passports of projects is subject to compensation.
7. Calculation of investment subsidies is perfromed on actually enclosed investments. The percent of cost recovery is established according to the standard rate of compensation provided in the List of passports of projects. Compensation percent is not subject to change.
The size of investment subsidy is determined according to the established standard rate of compensation of investment attachments, but no more approved standard rate on one piece of equipment and the equipment and/or the area by each investment project, according to the List of passports of projects.
8. According to passports of the projects "Acquisition of the Machinery and Equipment for Cultivation of Farm Animals of the Meat Direction", "Acquisition of the Machinery and Equipment for Cultivation of Cattle of the Dairy Direction in Economy with Uterine Livestock from 50 Heads", "Laying of the Intensive Apple Orchard from 5 Hectares", "Laying of Fruit and Berry Cultures and Grapes from 5 Hectares", "Acquisition of Demanded Agricultural Machinery", "Acquisition of Agricultural Machinery" subsidizing of the second and subsequent piece of equipment and the equipment of one type specified in the passport of the project is allowed.
The second and subsequent pieces of equipment and the equipment of one type are subsidized in case of exceeding of the minimum standard rate of uterine livestock on one piece of equipment and the equipment.
The minimum standard rate of uterine livestock on one piece of equipment and the equipment of one type constitutes 100 conditional heads of uterine livestock.
The second and subsequent pieces of equipment and the equipment of one type which are subject to subsidizing are determined by the following formula:
Wk = Wzh/N, where:
Wk - the number of the subsidized machinery and equipment of one type;
Wzh - quantity of uterine livestock of the farm animals registered in economy in recalculation in the conditional head of cattle according to the coefficients of transfer of livestock of farm animals in the conditional head of cattle specified in appendix 3 to these rules;
N - the admissible standard rate.
In case of receipt of fractional figure the result is rounded in the mathematical way to the whole value.
The number of uterine livestock of farm animals is determined by the operator by means of the database on identification of farm animals at the time of application for subsidizing. The statement certified by the operator from the database on identification of farm animals is put by the operator to the request of the investor.
The minimum standard rate of the areas of the intensive apple orchard, fruit and berry cultures and grapes on one piece of equipment of one type constitutes 20 hectares. Availability corresponding to the established standard rate of acreage under the intensive apple orchard, fruit and berry cultures and grapes is confirmed by the act on the property right to the parcel of land and (or) the act on the right temporary (long-term, short-term) land use (lease).
According to passports of the "Acquisition of Demanded Agricultural Machinery" and "Acquisition of Agricultural Machinery" projects subsidizing is performed according to the minimum standard rate of acreage of agricultural purpose on one piece of equipment and the equipment.
At the same time subsidizing no more than one piece of equipment and the equipment of one type in the specified passports of projects taking into account the actual availability of land grounds without the minimum standard rate of acreage of agricultural purpose on one piece of equipment and the equipment is allowed.
The second and subsequent pieces of equipment and the equipment of one type which are subject to subsidizing are determined by the following formula:
Wk = Wg/N, where:
Wk - the number of the subsidized machinery and equipment of one type;
Wg - the area of agricultural holdings;
N - the admissible standard rate.
In case of receipt of fractional figure the result is rounded in the mathematical way to the whole value.
Availability corresponding to the established standard rate of the areas of agricultural holdings is confirmed by the document certifying the property right of the investor to the parcel of land or the right temporary paid (long-term, short-term) land use (lease) of the investor.
In case of application from agricultural cooperative the total area of agricultural holdings and number of uterine livestock of the farm animals registered at members of agricultural cooperative is considered.
In case of application from machine and tractor stations, the requirement about availability of agricultural holdings is not required. At the same time, the machine and tractor station after one year from the moment of payment of subsidies for acquisition of agricultural machinery provides in working body documents (agreements, acceptance acts of the rendered services, the documents confirming fee) on the total area corresponding to the standard rate by the form technicians specified in passports of the "Acquisition of Demanded Agricultural Machinery" and "Acquisition of Agricultural Machinery" projects.
9. Investment subsidies are paid on investment attachments of the investor on acquisition new, earlier unused the machinery and equipment, year of release not earlier than three calendar years preceding year of application by the investor.
10. Subsidizing on compensation of part of the expenses incurred by the subject of agro-industrial complex in case of investment attachments, is performed for the account and within the means provided in the government budget for the corresponding financial year.
11. Investment subsidies are paid in full after commissioning new or expansions of the operating production capacities, acquisitions of the machinery and equipment within the investment project, except as specified, provided by this Item, and also Item 35 of these rules.
Investment subsidies for creation of new production capacities in the directions of development of processing industry provided in Items 10, of 11, of 16, of 17, of 18, of 19, 20 Lists of the priority directions are paid by two tranches, except for passports of the projects "Acquisition of the Vehicle for Milk Transportation", "Acquisition of Vehicles for Transportation of Agricultural Products", "Acquisition of Vehicles for Transportation of Meat", "Acquisition of Vehicles for Transportation of Farm Animals":
1) the first tranche in the amount of 50% of the total amount of investment subsidies after commissioning of the facility;
2) the second tranche in the amount of 50% of the total amount of investment subsidies after achievement of load of production volume at least 30% in the terms provided by the business plan.
If the size of subsidies according to one request of the investor constitutes more than 500 (five hundred) million tenges, payment of subsidies is performed step by step within at least 3 (three) years, within the approved funds for the corresponding financial years. The payment due date and the size of subsidies by every year is determined by the Commission.
12. Akims of areas, cities of republican value and the capital create the decision the commission under the chairmanship of the deputy akim of area, the cities of republican value and the capital concerning agricultural industry and determine the secretary of the commission.
The secretary of the commission is not its part.
The commission acts on the permanent basis and consists of the chairman, his deputy and other members who are representatives of local executive bodies, public and non-governmental industry organizations, at the same time their quantity shall make at least a half from general structure of the commission (apart from the chairman) and shall be approved with regional chamber of entrepreneurs. In case of lack of consent of the public and non-governmental industry organizations in participation in structure of the commission, reduction of number of their representatives in structure of the commission to the consent of regional chamber of entrepreneurs is allowed.
The total quantity of members of the commission constitutes odd number and at least 7 (seven) people.
The decision of the commission is made by open voting and deemed accepted if for it the majority of votes from total number of members of the commission is given.
In case of equality of votes, accepted is considered the decision for which the commission chairman or in case of its absence – the vice-chairman voted.
Commission session is competent to make decisions if at least two thirds of total number of members of the commission participate in meeting.
13. At the beginning of each financial year the commission the legal decision determines group of specialists of working body and other organizations for survey of object of the investor, the acquired equipment and the certificate in achievement of load of production capacities. The result of survey is drawn up by the inspection report of object of the investor and the certificate in achievement of load of production capacities in form, according to appendix of 4 these rules (further – the inspection report of object).
At the same time, if the investment project supposes only acquisition of the equipment, then survey of object of the investor by group of specialists of working body and other organizations is not required.
14. Feasibility of attraction of operator services is determined by working body. After holding competitive procedures for attraction of services of the operator, in the established legislation procedure till February 25 of the corresponding year between working body and the operator the agreement on rendering services by the operator in investment subsidizing (further - the agreement on rendering services) providing procedure, conditions of provision of services by the operator with indication of payment amount of services of the operator, and also responsibility of the parties and other conditions is signed.
To the conclusion of the agreement on rendering operator services and in the absence of the operator, the functions of the operator provided by these rules are performed by working body.
15. Services of the operator are paid within the funds provided on subsidizing on compensation of part of the expenses incurred by the subject of the AIC in case of investment attachments for the corresponding financial year, according to the signed agreement for rendering services.
16. The operator (in case of its not attraction – working body) no later than January 25 places announcements of the beginning of acceptance by the State corporation of requests from investors for investment subsidizing in the state and Russian languages in the mass media extended to the territories of the area/city and on Internet resource of regional/city akimat and informs on it the State corporation.
17. According to investment projects which are not put into operation the request of the investor is considered by the commission in two stages.
At the first stage the commission makes the decision on compliance/discrepancy of the investor to conditions of these rules.
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The document ceased to be valid since September 17, 2018 according to Item 2 of the Order of the deputy. The Minister of Agriculture of the Republic of Kazakhstan of July 23, 2018 No. 317