On Certain Issues of Planning and Implementation of Public-Private Partnership Projects
Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated November 25, 2015, No. 725. Registered with the Ministry of Justice of the Republic of Kazakhstan on December 31, 2015, No. 12717.
In accordance with paragraph 8 of Article 154-3 and Article 230 of the Budget Code
of the Republic of Kazakhstan, with Article 15, with subparagraphs 5), 6), 11), 11-1), 11-2), and 11-3)
of Article 20, and part three of paragraph 2 of Article 27 of the Law of the Republic of Kazakhstan "On
Public-Private Partnership," I ORDER:
Footnote. Preamble – as amended by the order of the Acting Minister. Minister of National Economy
of the Republic of Kazakhstan No. 40 dated March 30, 2023 (shall enter into force ten calendar days after its first official publication).
1. To approve:
1) Rules for planning and implementing public-private partnership projects, including matters related to planning public-private partnership projects, holding a tender (auction) and direct negotiations to determine a private partner, monitoring public-private partnership agreements, and monitoring and evaluating the implementation of public-private partnership projects in accordance with Appendix 1 to this order;
2) Procedures for providing information on planned and implemented public-private partnership projects, including through the use of the public-private partnership web portal and the procedure for compiling and publishing a list of socio-economic objectives for formulating proposals for the implementation of public-private partnership projects in accordance with Appendix 2 to this order;
3) The procedure for selecting public-private partnership projects for the provision or increase of state guarantees in accordance with Appendix 3 to this Order;
4) The criteria for classifying a public-private partnership project as a public-private partnership project of special significance in accordance with Appendix 4 to this Order;
5) An approximate list of risks arising at various stages of a public-private partnership in accordance with Appendix 5 to this Order;
6) Requirements for the development or adjustment, as well as the conduct of the necessary feasibility studies for public-private partnership projects in accordance with Appendix 6 to this Order;
7) The methodology for determining the cost of creating and/or reconstructing a public-private partnership facility, the total cost of state support, and sources of reimbursement for public-private partnership entities' costs in accordance with Appendix 7 to this Order;
8) The methodology for assessing the socio-economic effectiveness of public-private partnership projects in accordance with Appendix 8 to this order;
9) The methodology for allocating and assessing the risks of public-private partnership projects in accordance with Appendix 9 to this order.
Footnote. Clause 1 - as amended by Order No. 40 of the Acting Minister of National Economy of the Republic of Kazakhstan dated March 30, 2023 (shall enter into force ten calendar days after its first official publication).
2. The Department of Budget Investments and Public-Private Partnership Development shall ensure, in accordance with the procedure established by law:
1) state registration of this order with the Ministry of Justice
of the Republic of Kazakhstan;
2) within ten calendar days of state registration
of this order, sending a copy thereof for official publication in
periodicals and the "Adilet" legal information system;
3) posting this order on the website of the Ministry
of National Economy of the Republic of Kazakhstan.
3. Oversight of the implementation of this order shall be assigned to the supervising
Vice Minister of National Economy of the Republic of Kazakhstan.
4. This order shall enter into force ten calendar days after its first official publication. Acting
Minister of National Economy
of the Republic of Kazakhstan
M. Kusainov
"APPROVED"
Minister of Finance
of the Republic of Kazakhstan
_________________ B. Sultanov
November 30, 2015
Appendix 1
to the Order of the Acting
Minister of National Economy
of the Republic of Kazakhstan
dated November 25, 2015 No. 725
Rules for the Planning and Implementation of Public-Private Partnership Projects,
including issues of planning public-private partnership projects,
holding a tender (auction) and direct negotiations to determine a private partner,
monitoring public-private partnership agreements, and monitoring and evaluating the implementation of public-private partnership projects
Footnote. Appendix 1 - as amended by the order of the Acting Minister of National Economy of the Republic of Kazakhstan No. 40 dated March 30, 2023 (shall enter into force ten calendar days after its first official publication).
Chapter 1. General Provisions
1. These Rules for Planning and Implementing Public-Private Partnership Projects, Including Project Planning Issues