Nur-Sultan kalasy Nur-Sultan city
On Amendments to the Order of the Minister of Finance of the Republic of Kazakhstan dated February 14, 2018 No. 180 "On approval of the Rules for confirming the existence of grounds for granting deferral or installment payment of import customs duties and forms of decisions on granting deferral or installment payment of import customs duties and on refusal to provide them"
I ORDER YOU:
1. Add to the order of the Minister of Finance of the Republic of Kazakhstan
No. 180 of February 14, 2018 "On approval of the Rules for confirming the existence of grounds for granting Deferral or Installment payment of import customs duties and forms of decisions on granting Deferral or Installment payment of import customs duties and on refusal to provide them" (registered in the Register of State Registration of Regulatory Legal Acts under No. 16603) the following changes:
the preamble should be worded as follows:
"In accordance with paragraphs 4 and 6 of Article 92 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", I ORDER:";
paragraph 1 should be worded as follows:
"1. Approve:
1) Rules for confirming the existence of grounds for granting a deferral or installment payment of import customs duties in accordance with Annex 1 to this order;
2) the form of the decision on granting a deferral or installment payment of import customs duties in accordance with annex 2 to this order;
3) the form of the decision on refusal to grant a deferral or installment payment of import customs duties in accordance with Annex 3 to this order.";
in the Rules for confirming the existence of grounds for granting a deferral or installment payment of import customs duties, approved by Annex 1 of the said order:
paragraph 1 should be worded as follows:
"1. These Rules for confirming the existence of grounds for granting deferral or installment payment of import customs duties (hereinafter – the Rules) are developed in accordance with paragraphs 4 and 6 of Article 92 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (hereinafter-the Code) and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter-the Law) and determine the procedure for providing public services "Changing the terms of payment of import customs duties" (hereinafter-the state service).";
paragraph 4 should be worded as follows:
"4. The period of consideration of documents and the issuance of the result of the provision of public services is not more than 5 (five) working days from the date of their receipt.
In cases when the service recipient submits a full package of documents to the State Corporation in an appearance order on paper:
1) an employee of a State corporation accepts, verifies and registers the documents submitted by the service recipient to the State Corporation, and issues a receipt for their acceptance-within
15 (fifteen) minutes;
2) transfers the documents by the courier service of the State Corporation to the service provider-within 1 (one) working day;
when providing a public service through a State corporation on paper, the day of receiving applications and documents is not included in the period of rendering a public service.
The employee of the office of the service provider accepts the documents submitted by the courier service, registers them in the ESEDO-within
4 (four) hours and submits a package of documents for consideration to the head of the service provider or his acting duties, who determines the responsible contractor of the service provider.
The responsible executor of the service provider, within the terms specified in the first part of paragraph 4 of these Rules, checks the compliance of the information specified in the application and (or) the submitted documents necessary for the provision of public services with the requirements established by Article
92 of the Code and these Rules.
In the absence of information necessary for the provision of public services in accordance with these Rules, the employee of the service provider within 2 (two) working days from the date of receipt indicates to the service recipient what requirements the submitted package of documents does not meet and the deadline for bringing it into compliance.
The period for bringing the documents specified in the notification into compliance is 2 (two) working days.
If the service recipient has not brought it into compliance with the requirements within 2 (two) working days from the date of receipt of the notification, the service provider sends a refusal to further consider the application.
When identifying the grounds for refusal to provide a public service, the service provider notifies the service recipient of the preliminary decision on refusal to provide a public service, as well as the time and place (method) of the hearing for the opportunity to express the position of the service recipient on the preliminary decision.
The notification of the hearing is sent at least 3 (three) working days before the end of the term of rendering the state service. The hearing is held no later than 2 (two) working days from the date of notification.
Based on the results of the hearing, a protocol is drawn up and the service provider issues a permit or a reasoned refusal to provide a public service.
At the same time, in the case of a request from the service recipient, the hearing procedure may not be carried out.
The result of the provision of a public service is a decision to grant a deferral or installment payment of import customs duties, or a decision to refuse to grant a deferral or installment payment of import duties in the cases and on the grounds specified in paragraph 9 of Annex 1 to these Rules.
The responsible executor of the service provider sends the result of the provision of public services to the head of the service provider or to the person performing his duties.
The result of the provision of public services is signed by the head of the service provider or the person performing his duties, and sent by courier service to the State Corporation.
An employee of a State corporation receives the result of rendering a state service-within 1 (one) working day.";
paragraph 5 should be worded as follows:
«5. In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law, the entry of data into the information system for monitoring the provision of public services is established by the Rules for entering data into the information system for monitoring the provision of public services on the stage of the provision of public services, approved by the Order of the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013 No. 452 "On approval of the Rules for entering data into the information system for monitoring the provision of public services on the stage of rendering public services" (registered in the Register of State Registration of Regulatory Legal Acts under No. 8555).";
paragraph 6 should be worded as follows:
"6. In cases of disagreement with the results of the provision of public services by the service recipient, a complaint is filed against the decision, actions (inaction) of the service provider on the provision of public services in accordance with the legislation of the Republic of Kazakhstan:
to the head of the service provider;
addressed to the head of the authorized body exercising leadership in the field of ensuring tax receipts and payments to the budget;
to the authorized body for the assessment and control of the quality of public services.
At the same time, a complaint about the actions (inaction) of employees of a State Corporation when providing services through a State Corporation is submitted to the head of the State Corporation, or to the authorized body in the field of informatization.
The complaint of the service recipient received by the service provider, the State Corporation directly providing public services, is subject to consideration in accordance with paragraph 2 of Article 25 of the Law within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
Consideration of a complaint on the provision of public services is carried out by a higher administrative body, an official, an authorized body for evaluating and monitoring the quality of public services (hereinafter referred to as the body considering the complaint).
Complaints are submitted to the service provider and (or) to the official whose decision, action (inaction) is being appealed.
The official whose decision, action (inaction) is being appealed, no later than 3 (three) working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.
At the same time, the service provider, an official, a decision, an action (inaction) is appealed, has the right not to send a complaint to the body considering the complaint if it makes a decision or other administrative action that fully meets the requirements specified in the complaint within 3 (three) working days.
Unless otherwise provided by law, an appeal to the court is allowed after a pre-trial appeal.";
Annex 1 to the specified Rules should be set out in a new version in accordance with Annex 1 to this order;
Annex 2 to the specified Rules should be set out in a new version in accordance with Annex 2 to this order;
the form of the decision on granting a deferral or installment payment of import customs duties, approved by the said order, should be set out in a new version in accordance with annex 3 to this order;
the form of the decision on refusal to grant a deferral or installment payment of import customs duties, approved by the said order, should be set out in a new version in accordance with annex 4 to this order.
2. The State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;