Approved by order |
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Minister of Finance of the Republic of Kazakhstan dated November 26, 2021 № 1222 |
List of some orders of the Ministry of Finance of the Republic of Kazakhstan, which are being amended
preamble should be stated in the following wording:
"In accordance with subparagraph 23-2) of Article 15 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" I ORDER:";
in the Rules of the qualification examination approved by the specified order:
paragraph 1 should be worded as follows:
«1. These Rules of the qualification exam (hereinafter referred to as the Rules) are developed in accordance with subparagraph 23-2) of Article 15 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter referred to as the Law) and determine the procedure for the provision of public services "Conducting a qualification exam of persons applying for the right to carry out the activities of an administrator (temporary administrator, rehabilitation, temporary and bankruptcy managers)" (hereinafter referred to as the Law). – State service) by the central state body implementing state regulation in the field of rehabilitation and bankruptcy.»;
paragraph 10 should be worded as follows:
"10. When appearing for the qualification exam, the service recipient presents for identification – a document certifying his identity, or an electronic document from the digital documents service.";
paragraphs 23 and 24-5 should be deleted;
Annex 1 should be amended in accordance with Annex 1 to the List of Some orders of the Ministry of Finance of the Republic of Kazakhstan, which are being amended.
(registered in the Register of State Registration of Regulatory Legal Acts under No. 16508):
in the Rules for including (excluding) models of cash registers in (from) the state (state) register (register) approved by the specified order:
in paragraph 7:
subparagraph 5) state as follows:
"5) the warranty obligation for technical support of the model of the cash register machine or its notarized copy from the manufacturer or from its legal representative;";
subparagraph 7) should be worded as follows:
"7) notarized copy of the certificate or other document confirming compliance with the technical requirements of the model cash registers.";
paragraph 10 to read as follows:
"10. The decision to include (or non-inclusion) of a model of cash register in the state register is accepted by the service provider within 10 (ten) working days from the date of adoption of the tax application of the applicant.
The State Register of cash registers is posted on the service provider's website.
In case of refusal to include the model of the cash register in the state register, the service provider notifies the service recipient in writing, indicating the reasons for the refusal.
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 deadline for bringing the documents specified in the notification into compliance is 2 (two) working days.
If, within 2 (two) working days from the date of receipt of the notification, the service recipient has not brought it into compliance with the requirements, 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 to refuse to provide a public service, as well as the time and place (method) of the hearing to be able to express the position of the service recipient on the preliminary decision.
The notification of the hearing shall be sent at least 3 (three) working days before the end of the term for the provision of public services. 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 the request of the service recipient, the hearing procedure is not carried out.
The result of the provision of a public service is a Decision to include (refuse to include) a model of a cash register in the state register, issued in the form of a protocol.";
paragraph 13 should be worded as follows:
"13. 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 Law: addressed
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.
Consideration of a complaint concerning the provision of public services is carried out by a higher administrative body, an official, an authorized body for assessing 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 employee, 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, the official, the decision, the action (inaction) who is being appealed, does not send a complaint to the body considering the complaint if it takes a decision or other administrative action within 3 (three) working days that fully meets the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court is allowed after an appeal in a pre-trial order.";
Annex 2 should be set out in a new version according to Annex 2 to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan, which are amended.
subparagraph 5) of paragraph 1 to read as follows::
"5) Rules for the provision of public services "Registration of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as ensuring the fulfillment of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator" in accordance with Annex 5 to this order.";
in the Rules for the provision of public services "Registration of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as ensuring the fulfillment of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator", approved by the said order: the
title should be stated in the following wording:
"Rules for the provision of public services "Registration of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as ensuring the fulfillment of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator"";
paragraph 1 should be stated in the following wording:
«1. These Rules for the provision of public services "Registration of the performance of duties to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as ensuring the performance of duties of a legal entity operating in the field of customs and (or) an authorized economic operator" (hereinafter – the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter - the Rules). – The law) and determine procedure for rendering the state service "Registration of the execution of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties and the enforcement of the obligations of the entity carrying out activities in the field of customs Affairs, and (or) the authorised economic operator" (further – the state service).";
paragraphs 5 and 6 to read as follows::
The property pledge agreement is concluded within no more than 10 (ten) working days from the date of receipt of the application for the conclusion of the pledge agreement.
The responsible executor of the service provider, within the time specified in the first part of paragraph 5 of these Rules, checks the compliance of the information specified in the application and (or) the submitted documents required for the provision of public services with the requirements established by the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (hereinafter – 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 1 (one) working day from the date of receipt of the application and the documents attached to it indicates to the service recipient what requirements the submitted package of documents does not meet and the deadline for bringing it into compliance.
The deadline for bringing the documents specified in the notification into compliance is 1 (one) working day.
If, within 1 (one) business day from the date of receipt of the notification, the service recipient has not brought it into compliance with the requirements, 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 to refuse to provide a public service, as well as the time and place (method) of the hearing to be able to express the position of the service recipient on the preliminary decision.
The notification of the hearing is sent at least 1 (one) working day before the end of the term of rendering the public service. The hearing is held no later than 1 (one) business day 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 the request of the service recipient, the hearing procedure is not carried out.
The result of the provision of public services is the registration of enforcement of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as enforcement of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator with a notification or a reasoned response to the refusal to provide public services in the cases and on the grounds specified in paragraph 9 of Annex 1 to these Rules.
The responsible executor of the service provider, no later than 2 (two) working days from the date of receipt of the application and the documents attached to it, sends the result of the provision of the state service to the head of the service provider or his acting duties.
The result of the provision of public services no later than 3 (three) working days from the date of receipt of the application and the documents attached to it is signed by the head of the service provider or acting as his duties and sent to the service recipient through the office of the service provider.";
paragraph 8 should be worded as follows:
"8. 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: addressed
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 filed 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 concerning the provision of public services is carried out by a higher administrative body, an official, an authorized body for assessing 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 service provider, 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, the official, the decision, the action (inaction) the person who is being appealed does not send a complaint to the body considering the complaint if it takes a decision or other administrative action within 3 (three) working days that fully meets the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court is allowed after an appeal in a pre-trial order.";
Annex 1 should be set out in a new version according to Annex 3 to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan, which are amended.
in the Rules for the provision of public services "Inclusion in the register of authorized economic operators" approved by the said order:
paragraph 3 should be stated in the following wording:
"3. The acceptance of the application and the issuance of the result of the provision of public services are carried out:
1) through the office of the service provider;
2) through the "electronic government" web portal www.egov.kz (hereinafter referred to as the portal).
The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, are set out in accordance with Appendix 1 in the form of a standard of public services.
When applying in person - the documents submitted by the service recipient are accepted by the structural subdivision of the service provider responsible for receiving documents, and transferred to the responsible structural subdivision of the service provider for processing documents;
When applying electronically – an application in the form of an electronic document certified by an electronic digital signature (hereinafter - EDS) the service recipient is accepted through the portal.
To receive a state service, the recipients submit documents in accordance with Article 533 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (hereinafter - the Customs Code).
To identify the identity of the service recipient, an identity document or an electronic document from the digital documents service is presented.
When rendering a public service, the service recipient provides consent to the use of information constituting a legally protected secret contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
The employee of the service provider receives information about identity documents contained in state information systems from the relevant state information systems.
The reclamation of documents and information that can be obtained from information systems from service recipients is not allowed.
Confirmation of acceptance of the documents by the service recipient is a mark on the copy of the application containing the date, time, signature, surname and initials of the person who accepted the package of documents.
When contacting the service recipient through the portal, the status of acceptance of the request for the provision of public services is sent to the recipient.
The structural subdivision of the service provider responsible for receiving documents on the day of receipt of documents receives, checks the submitted documents and registers (when the service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Holidays in the Republic of Kazakhstan", applications are accepted and the results of the provision of public services are issued on the next working day).
The Service Provider, within 5 (five) working days from the date of registration of the application, makes a decision to consider the application or to refuse to consider it.
Upon establishing the completeness of the submitted documents, the service provider, no later than 90 (ninety) calendar days from the date of registration of the application and the specified documents, decides to issue a certificate or refuse to issue such a certificate, indicating the reasons for the refusal.
The decision to issue a certificate is issued by the order of the head of the service provider, the deputy head of the service provider authorized by him or their surrogates.
In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law, the service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of rendering public services in accordance with the procedure established by Order No. 452 of the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013 "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).
The result of the provision of a public service or a reasoned response to the refusal to provide a public service in the cases and on the grounds specified in Article 533 of the Customs Code is issued on paper.";
Annex 1 should be set out in a new edition according to Annex 4 to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan, which are amended.
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The standard of the state service "Introduction of new models of cash registers in the State Register of cash registers" |
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Name of the service provider |
State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter - the service provider) |
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Methods of providing public services through the office of the service provider |
Methods of providing public services through the office of the service provider |
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3 |
Terms of rendering public services within 10 (ten) working days |
Terms of rendering public services within 10 (ten) working days |
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4 |
The form of public service provision is paper |
The form of public service provision is paper |
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5 |
The result of the provision of public services is the decision to include (refuse to include) the model of the cash register in the state register |
The result of the provision of public services is the decision to include (refuse to include) the model of the cash register in the state register |
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6 |
The amount of the fee charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
The public service is provided free of charge |
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7 |
Work schedule service provider |
From Monday to Friday, from 9.00 to 18.30 hours with a lunch break from 13.00 to 14.30 hours, except weekends and holidays according to the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On holidays in the Republic of Kazakhstan". The public service is provided on a first-come, first-served basis, without prior appointment and accelerated service. |
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List of documents required for the provision of public services |
1) a tax application for the inclusion of a cash register in the state register in accordance with Annex 1 to the Rules for the Inclusion (exclusion) of models of cash registers in (from) the state (state) register (register) of cash registers (hereinafter - the Rules); 2) reference sample of the cash register machine model; 3) manufacturer's passport; 4) technical documentation of the manufacturer; 5) operation manual of the cash register on paper and electronic media; 6) a manual for an official of the service provider on paper and electronic media containing a detailed description of the actions of an official of the service provider when installing the fiscal regime, re-registering the cash register, removing fiscal reports, a report on the current status of the cash register (X-report), as well as the introduction of information provided for in Article 166 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the budget (Tax Code)", for printing in the control receipt; 7) warranty obligation for technical support of the model of the cash register machine or its notarized copy from the manufacturer or from his legal representative; 8) information on the compliance of the technical characteristics of the model of the cash register machine specified in the manufacturer's documentation with the basic technical requirements in the form established by the authorized body in accordance with the annex to the Rules; 9) a notarized copy of the certificate of conformity or other document confirming compliance with the established technical requirements of the model of the cash register. If the model of the cash register is a fiscal registrar, the tax application is additionally accompanied by software on electronic media for connecting the fiscal registrar to a personal computer. |
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Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan |
In cases of non-compliance with one of the conditions specified in paragraph 8 of the Rules: 1) the presence of a tax application for the inclusion of a cash register in the state register of the service recipient and the materials specified in paragraph 7 of the Rules; 2) compliance of the model of the cash register machine with the technical requirements according to Annex 3 to the Rules. |
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Иные требования с учетом особенностей оказания |
Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form |
Appendix 3 to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan, which are being amended
Appendix 1
to the Rules for the provision of
public services "Registration of the fulfillment of the
obligation to pay
customs duties and taxes,
special, anti-dumping,
countervailing duties, as
well as ensuring the fulfillment of
the duties of a legal
entity
operating in the field of
customs affairs and (or) an
authorized economic operator"
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The standard of the state service "Registration of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as ensuring the fulfillment of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator" |
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Name of the service provider |
State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, territorial bodies of the MF State Revenue Committee for the regions, cities of Nur-Sultan, Almaty and Shymkent (hereinafter - the service provider) |
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Methods of providing public services 1) through the service provider; |
2) through the "electronic government" web portal www.egov.kz (hereinafter referred to as the portal). |
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The term of rendering the state service |
from the date of registration of the application for registration of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, as well as ensuring the fulfillment of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator - no later than 3 (three) working days; from the date of registration of the application for the conclusion of the property pledge agreement - no later than 10 (ten) working days |
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The form of public service provision is electronic (partially automated)/paper |
The form of public service provision is electronic (partially automated)/paper |
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5 |
The result of the provision of public services is the registration of enforcement of the obligation to pay customs duties, taxes, special, anti |
dumping, countervailing duties, as well as enforcement of the duties of a legal entity operating in the field of customs affairs and (or) an authorized economic operator, or a reasoned response to the refusal to provide public services. |
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6 |
The amount of the fee charged to the service recipient for the provision of state услуги, и methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan |
The public service is provided free of charge |
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7 |
Work schedule |
1) 1) service provider – from Monday to Friday from 9.00 to 18.30 hours, with a lunch break from 13.00 to 14.30 hours, except weekends and holidays according to the Labor Code of the Republic of Kazakhstan (hereinafter - the Code) and the Law of the Republic of Kazakhstan "On Holidays in the Republic of Kazakhstan" (hereinafter - the Law), with the exception of the service provider, for whom the authorized body in the field of customs has established a round-the-clock operation. 2) Acceptance of the application and issuance of the result of the provision of public services is carried out from 9.00 am to 17.30 pm with a lunch break from 13.00 am to 14.30 pm, with the exception of the service provider, for whom the authorized body in the field of customs has established a 24-hour work schedule. 3) Reception is carried out on a first-come, first-served basis, without prior appointment and expedited service. 2) the portal - around the clock, except for technical breaks in connection with repair work (when the service recipient applies after the end of working hours, on weekends and holidays according to the Code and the Law, the application is accepted and the result of the provision of public services is issued on the next working day). |
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List of documents required for the provision of public services |
to the service provider: 1) the statement in form according to Appendix 2 to the Rules of rendering of the state service "Registration of the execution of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties and enforce responsibilities of the legal entity carrying out activities in the field of customs Affairs, and (or) the authorised economic operator" (hereinafter – the Rules); 4) depending on the chosen method of enforcement of the obligation to pay customs duties, taxes one of the following documents confirming such security: 5) 6) 6) documents specified in subparagraphs 4) and 5) of paragraph 12 of Article 94 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (hereinafter - the Customs Code); 7) 3) a bank guarantee agreement concluded between a second–tier bank - the guarantor and the payer, and a bank guarantee; 8) 4) guarantee agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan; 9) 5) the property pledge agreement concluded between the payer and (or) a third party and the service provider with the attachment of the appraiser's report on the assessment of the market value of the pledged property and the property insurance contract; 10) 6) insurance contract issued by insurance organizations included in the register of insurance organizations licensed to carry out insurance activities. 11) When submitting documents through the portal: 12) 1) application in the form according to Appendix 2 to the Rules; 13) depending on the chosen method of ensuring the fulfillment of the obligation to pay customs duties and taxes, one of the following documents confirming such security: 14) 2) an electronic copy of the documents specified in subparagraphs 4) and 5) of paragraph 12 of Article 94 of the Customs Code; 15) 3) an electronic copy of the bank guarantee agreement concluded between the second–tier bank - the guarantor and the payer, and the bank guarantee; 16) 4) an electronic copy of the guarantee agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan; 17) 5) an electronic copy of the property pledge agreement concluded between the payer and (or) a third party and the service provider with the attachment of the appraiser's report on the assessment of the market value of the pledged property and the property insurance contract; 6) an electronic copy of the insurance contract issued by insurance organizations included in the register of licensed insurance organizations
for the right to carry out insurance activities. |
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Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan |
1) when you use money as security for the performance of the obligation to pay customs duties and taxes: the amount of customs duties and taxes, fines, interest on deferred or installment payment of import customs duties in the case of accrual of such interest, the payment of which is provided by the introduction of money exceeds the amount of the enforcement of the obligation to pay customs duties, taxes, calculated in accordance with article 104 of the Customs code of confirmed payment instrument specified in the second or third paragraph 4 of article 98 of the Customs code; 2) when applying a bank guarantee as security for the fulfillment of the obligation to pay customs duties and taxes: the provided bank guarantee agreement and (or) bank guarantee do not comply with the requirements established by the Civil Code and the banking legislation of the Republic of Kazakhstan; the amount of customs duties, taxes, penalties, interest for deferral or installment payment of import customs duties in the case of accrual of such interest, the payment of which is secured by a bank guarantee, exceeds the amount of enforcement of the obligation to pay customs duties, taxes calculated in accordance with Article 104 of the Customs Code, taking into account the provisions of paragraph 3 of Article 99 of the Customs Code, confirmed by a bank guarantee; the bank guarantee agreement and (or) the bank guarantee do not comply with the conditions established by paragraphs 5 and 6 of Article 97 of the Customs Code; the second-tier bank that issued a bank guarantee provided as security for the fulfillment of the obligation to pay customs duties and taxes, on the day of registration of the application for acceptance of a bank guarantee as security for the fulfillment of the obligation to pay customs duties and taxes, had not previously fulfilled the requirement of the customs authority to pay the amounts of customs duties and taxes due,
penalties, interest, except for cases when such a claim is recognized by the court as illegal in accordance with the customs legislation of the Republic of Kazakhstan; 3) when applying the surety agreement as security for the fulfillment of the obligation to pay customs duties and taxes: the surety agreement submitted does not comply with the Civil Code of the Republic of Kazakhstan; if there are grounds specified in paragraph 2 of Article 99 of the Customs Code for refusing to accept a bank guarantee submitted to the surety agreement; the property pledge agreement submitted to the surety agreement does not comply with the conditions for concluding a property pledge agreement established by paragraph 3 of Article 101 of the Customs Code; if there are grounds specified in paragraph 2 of Article 102 of the Customs Code for refusal to accept the insurance contract submitted to the surety agreement; the guarantor has not secured the fulfillment of the obligation to pay customs duties and taxes; the amount of customs duties, taxes, penalties, interest for deferral or installment payment of import customs duties in the case of accrual of such interest, the payment of which is provided by the guarantee agreement, exceeds the amount of enforcement of the obligation to pay customs duties, taxes calculated in accordance with Article 104 of the Customs Code, taking into account part three of paragraph 2 of Article 100 of the Customs Code, confirmed by the guarantee agreement; 4) when applying the pledge of property as security for the fulfillment of the obligation to pay customs duties and taxes: the property pledge agreement does not comply with the Civil Code of the Republic of Kazakhstan; the property provided as collateral is not liquid, insured against loss or damage; the property pledge agreement does not comply with the conditions established by paragraphs 5 and 6 of Article 97 of the Customs Code; in case of non-compliance with the conditions established by paragraph 4 of Article 101 of the Customs Code; 5) when applying the insurance contract as security for the fulfillment of the obligation to pay customs duties and taxes: the presented insurance contract does not correspond to the standard insurance contract for the purposes of ensuring the fulfillment of the obligation to pay customs duties and taxes during customs operations, approved by Order of the Minister of Finance of the Republic of Kazakhstan No. 295 "On approval of the Standard Insurance Contract for the purposes of ensuring the fulfillment of the obligation to pay customs duties, taxes when performing customs operations" (registered in the Register of State Registration of Regulatory Legal Acts under No. 16661) or if the submitted insurance contract does not meet the requirements established by the civil legislation of the Republic of Kazakhstan; the amount of customs duties, taxes, penalties, interest for deferral or installment payment of import customs duties in the case of accrual of such interest, the payment of which is provided by the insurance contract, exceeds the amount of enforcement of the obligation to pay customs duties, taxes calculated in accordance with Article 104 of the Customs Code, taking into account the provisions of paragraph 3 of Article 102 of the Customs Code, confirmed by the insurance contract; the insurance contract does not comply with the conditions established by paragraphs 5 and 6 of Article 97 of the Customs Code; an insurance organization that has concluded an insurance contract with the payer, provided as security for the fulfillment of the obligation to pay customs duties, taxes, as of the date of registration of the application for acceptance of the insurance contract as security for the fulfillment of the obligation to pay customs duties, taxes, has not previously fulfilled the requirement of the customs authority to pay the amounts of customs duties, taxes, penalties, interest, except in cases when such a requirement is recognized by the court as illegal in accordance with the customs legislation of the Republic of Kazakhstan. |
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Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through a State Corporation |
1) Addresses of places where public services are provided are posted on the Internet resources of the service provider – www.kgd.gov.kz , www.minfin.gov.kz . 2) The service recipient has the opportunity to receive information about the procedure and status of the provision of public services in remote access mode through a Single contact Center. 3) Contact numbers of the Unified Contact Center: 1414, 8-800-080-7777. |
Appendix 4 to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan, which are being amended
Appendix 1 to the Rules for
the Provision of Public
Services "Inclusion in the Register of authorized economic Operators"
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State Service Standard "Inclusion in the Register of Authorized Economic Operators" |
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1 |
Name of the service provider |
State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter - the service provider) |
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2 |
Methods of providing public services |
1) through the service provider;2) through the "electronic government" web portal www.egov.kz (hereinafter referred to as the portal). |
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Terms of public service provision |
Making a decision on inclusion or refusal to be included in the register of authorized economic operators – 90 (ninety) calendar days; the decision to consider the application or to refuse to consider it – within 5 (five) working days from the date of registration of the application by the service provider. |
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4 |
The form of public service provision is electronic (partially automated) and (or) paper. |
The form of public service provision is electronic (partially automated) and (or) paper. |
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5 |
The result of the provision of public services |
1) issuance of a certificate of inclusion of a person in the register of authorized economic operators of the first, second or third type;2) a reasoned response on refusal to provide a public service in the cases and on the grounds specified in paragraph 9 of this Appendix 1 to the Rules for the Provision of Public Services "Inclusion in the register of Authorized economic Operators" (hereinafter - the Rules) |
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6 |
The amount of the fee charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan, the public service is provided free of charge. |
The amount of the fee charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan, the public service is provided free of charge. |
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Work schedule |
1) service provider - from Monday to Friday, from 9.00 to 18.30 hours with a lunch break from 13.00 to 14.30 hours, except weekends and holidays according to the Labor Code of the Republic of Kazakhstan (hereinafter - the Code) and the Law of the Republic of Kazakhstan "On Holidays in the Republic of Kazakhstan" (hereinafter – the Law). The public service is provided on a first-come, first-served basis, without prior appointment and accelerated service. 2) the portal - around the clock, except for technical breaks in connection with repair work (when the service recipient applies after the end of working hours, on weekends and holidays according to the Code and the Law, the application is accepted and the result of the provision of public services is issued on the next working day). |
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The list of documents required for the provision of state services |
to the service provider: application according to Appendix 2 to the Rules; through the portal: an application in the form of an electronic document signed by an EDS. The application is accompanied by documents confirming the information stated in it. The application is not accompanied by the submission of documents to the service provider if information about such documents and (or) information from them can be obtained by the service provider from information systems used by the service provider, as well as from information systems of state bodies (organizations) of the member states of the Eurasian Economic Union within the framework of information interaction. The service provider, within five working days from the date of registration of the application, makes a decision to consider the application or to refuse to consider it. Based on the results of consideration of an application for inclusion in the register of authorized economic operators with the issuance of a certificate of the first or second type, if the condition for inclusion in such a register is to ensure the fulfillment of the duties of an authorized economic operator, the service provider notifies the service recipient of compliance with the conditions established by the subparagraphs 1), 3), 4), 5), 6), 7), 8), 9) and 10) of paragraph 1 or sub-paragraphs 1), 3) and 4) of paragraph 3 of Article 532 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (hereinafter – Customs Code), and the need to provide security for the performance of the duties of an authorized economic operator. Documents confirming the provision of security for the performance of the duties of an authorized economic operator shall be submitted no later than two months from the date of notification by the service recipient. At the same time, for the period from the date of referral the period of consideration of the application is suspended by the service provider of the notification until the date of submission of documents confirming the provision of security for the performance of the duties of the authorized economic operator. The authorized body, no later than ten calendar days from the date of submission of documents duly confirming the provision of security for the performance of the duties of the authorized economic operator, decides to include the applicant in the register of authorized economic operators. |
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Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan |
1) the application is not filled out in accordance with the established form, or the structure and format of the application in the form of an electronic document do not correspond to the established structure and format of such an application; 2) the application does not specify the information to be specified in the application; 3) the application was submitted before the expiration of one year from the date of exclusion of the legal entity from the register of authorized economic operators on the grounds provided for in subparagraphs 4), 5), 6) and 7) of paragraph 7 of Article 534 of the Customs Code; 4) non-compliance with the conditions established by Article 532 of the Customs Code. If there are grounds for refusal provided for in Article 19-1 of the Law of the Republic of Kazakhstan "On Public Services". |
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Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through a State Corporation |
The service recipient has the opportunity to receive public services in electronic form through the portal, subject to the availability of EDS. The service recipient has the opportunity to receive information about the status of the provision of public services in remote access mode through the "personal account" on the portal, the Unified Contact center1414, 8 800 080 777. The digital document service is available to users authorized in the mobile application. To use a digital document, the service recipient is authorized in a mobile application using an electronic digital signature or a one-time password, then go to the "Digital Documents" section and select the required document. |