«Inclusion in the register of owners of duty-free shops»

Regulations on providing public service «Inclusion in the register of owners of duty-free shops»

 

 

  1. Chapter 1. General provisions

 

  1. These Rules for providing the state service " Inclusion in the register of owners of warehouses for the storage of their own goods " are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 On Public Services" (hereinafter-the Law) and determine the procedure for the providing the state service " Inclusion in the register of owners of warehouses for the storage of their own goods " (hereinafter - the state service) by territorial bodies of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan for the regions; Nur-Sultan, Almaty and Shymkent (hereinafter-the service provider).
  2. The state service is provided to legal entities and individuals (hereinafter service recipient).

 

 

Chapter 2. Procedure for the providing public services

 

  1. Application and issue of result of rendering the state service are performed:

1) through the office of the service provider;

2) through the e-government web portal www.egov.kz (hereinafter-the portal).

A list of the main requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other data taking into account the particularities of the providing  public services presented in accordance with Annex 1 in the form of state service standard.

By personal formality, the documents submitted by the applicant, are taken by responsible structural units and passed the responsible for processing structural units.

By applying in electronic form - the application in the form of an electronic document certified by the recipient's EDS is accepted through the portal.

In order to receive a state service, the service recipients provides documents in accordance with Article 166 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" dated December 26, 2017 (hereinafter– Customs Code). To identify the identity of the service recipient, an identity document is presented.

When providing a public service, the service recipient provides consent to the use of information constituting "a secret protected by law", unless otherwise provided by the laws of the Republic of Kazakhstan.

Information about the identity documents contained in the state information systems, the service provider receives from the relevant state information systems through the portal in the form of electronic documents certified by an electronic digital signature (hereinafter-EDS) of authorized officials.

It is not allowed to request documents and information that can be obtained from information systems from service recipients.

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.

In the case of an application through the portal, the service recipient is sent a status of acceptance of the request for the providing public services.

The structural division of the service provider responsible for receiving documents on the day of receipt of documents performs the reception, verification of the submitted documents and registration (when the service recipient applies

after the end of working hours, on weekends and holidays, according to The labour code of the Republic of Kazakhstan of  November 23, 2015 receipt  applications and issue of results of providing the state service is carried out by the following working day).  If the service recipient submits not full docs in accordance with the lists provided for in article 166 of  Customs  Code, and (or) expired documents, the service provider refuses to accept the application.

When it is determined that full package of documents was submitted, the employee responsible for processing considers the application within 10 (ten) working days from the date of its registration and accepts the decision on inclusion in the register of customs carriers or on refusal of inclusion in the register of customs carriers.

An official of the service provider shall inspect the facilities  and territories of the service recipient in accordance with Article 3 of Article 415 of Customs  Code for compliance with the requirements specified in subparagraph 1) paragraph 1 of Article 524 of Customs  Code.

During the customs inspection of facilities  and territories, the service recipient provides official provider copies of the following documents with the originals:

1) confirming the right to own, use and (or) dispose structures and (or) premises (parts of facilities) suitable for use as a duty-free shop;

2) registration documents or permits for retail trade, if the obligation to obtain them is provided for by the legislation of the Republic of Kazakhstan.

Copies of the submitted documents are attached to the act of customs inspection of the facilities and territories, which remains with the service provider.

At the end of the customs inspection of the facilities and territory, one copy of the act of customs inspection of the premises and territories is handed over to the service recipient.

The decision on inclusion in the register of owners of warehouses for the storage of their own goods is made by the order of the head of the service provider or the person who replaces him, or the deputy head of the service provider..

The Service provider notifies the service recipient in writing or electronically no later than 1 (one) working day following the day of making the relevant decision.

In accordance with subparagraph 11) of paragraph 2 of article 5 of the law of the service provider provides insertion of data into the information system of monitoring of public services on the stage of rendering the state service in the manner prescribed by order of the acting Minister of transport and communications of the Republic of Kazakhstan dated June 14, 2013, № 452 "On approval of the Rules for entering data into the information system of monitoring of public services on the stage of rendering of the state services" (registered in the Register of state registration of regulatory legal acts under No. 8555).

When accessing the portal, the result of the provision of public services is sent to the service recipient in the form of an electronic document certified by the EDS of the service provider's official.

When contacting the service provider, 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 524 of the Customs Code is issued on paper.

  1. In the case of information system failure with the necessary information for the provision of public services, the service provider within 30 (thirty) minutes from the moment of failure sends a request to the support service to email e-okno@mgd.kz with the mandatory provision of information on the name of the state services, the registration number of the application for obtaining public services, individual identification number (IIN), or business identification number (BIN), name of the applicant, the description of the sequence of steps to reproduce the error, screenshots explaining the problem.

 

Chapter 3. Procedure for appeal against the decisions, actions (inaction) of service providers and (or) their officials on the providing public services

 

  1. In cases of disagreement with the results of providing state service, the customer files a complaint against the decision, actions (inaction) of the service provider for the provision of public services under the legislation of the Republic of Kazakhstan:

with the name of the head of a service provider;

with addressed to the head of the authorized body responsible for the provision of tax revenues and payments to the budget;

with the authorized body for the assessment and control of the quality of public services.

The complaint of the service recipient, received by the service provider directly providing public services, is subject to consideration under 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

  1. In cases of disagreement with the results of the providing public services, the service recipient, in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law, addresses to court
Дата публикации
03 марта 2021