Rules for assigning personal identification numbers-codes for tobacco products
Chapter 1. General provisions
1. These Rules for assigning personal identification numbers-codes for tobacco products (hereinafter referred to as the Rules) are developed in accordance with subparagraph 5-5) of Article 5 of the Law of the Republic of Kazakhstan dated June 12, 2003 "On State regulation of production and turnover of tobacco products" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter referred to as the Law) and determine the procedure for assigning personal identification numbers–codes to manufactured and (or) imported tobacco products (hereinafter referred to as the PIN code).
2. PIN codes are assigned to individuals or legal entities engaged in the production and (or) import of tobacco products (hereinafter referred to as service recipients) and to each brand of tobacco products manufactured in the Republic of Kazakhstan or imported into the territory of the Republic of Kazakhstan.
Chapter 2. The procedure for the provision of public services
3. The state service "Assignment of a personal identification number (PIN code) to producers (importers) of certain types of petroleum products, as well as for goods of producers and importers of certain types of excisable products, aviation fuel and fuel oil" is provided by the territorial bodies of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan for the regions, cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as the service provider) through the non–profit joint stock company "State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation).
4. Service recipients, through a State Corporation, submit to the service provider an application for assigning a PIN code(s) for a tobacco product(s) (hereinafter referred to as the application) in accordance with Annex 1 to these Rules, depending on the type of activity in whose territorial body the service recipient is registered at the location (residence), for assignment of PIN codes:
manufacturer of tobacco products – before the start of the production of tobacco products;
importer of tobacco products – before the start of the import (including import) of tobacco products.
5. 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 the form of the standard of public services "Assignment of a personal identification number (PIN code) to producers (importers) of certain types of petroleum products, as well as for manufacturers' goods and importers of certain types of excisable products, aviation fuel and fuel oil" in accordance with Annex 2 to these Rules.
6. Acceptance of an application through a State Corporation is carried out in the order of an "electronic" queue, at the place of registration of the service recipient without accelerated service, possibly by booking an electronic queue.
An employee of a State Corporation receives information about identity documents from the relevant state information systems through the gateway of the "electronic government".
If the service recipient submits an application through a State Corporation, the service recipient is issued a receipt for acceptance of the application. The application accepted by the State Corporation is sent to the service provider via courier communication. At the same time, the date of acceptance by the State Corporation of the application on paper is not included in the deadline for the provision of public services.
The structural subdivision of the service provider responsible for accepting applications, on the day of receipt of applications, accepts 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 dated November 23, 2015, applications are accepted and the results of the provision of public services are issued on the next working day).
An employee of the responsible structural subdivision of the authorized body on the day of receipt of applications considers them for compliance with the requirements of these Rules.
The employee responsible for processing documents enters applications and processes them in the information system "Control, accounting and issuance of accounting and control stamps, excise stamps and other printed products of the Republican State Enterprise "Banknote Factory of the National Bank of the Republic of Kazakhstan" within 2 (two) working days from the date of receipt of documents, according to the results assigns PIN-the code either generates a motivated refusal to provide a public service, which is sent to a State Corporation.
PIN-code assignment is carried out by including it in the register of personal identification numbers-codes for tobacco products in accordance with Annex 3 to these Rules.
Delivery of the result of the state service to the State Corporation is carried out by the service provider no later than one day before the expiration of the term of rendering the state service.
In a State corporation, the issuance of ready-made documents is carried out upon presentation of an identity card (or its representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which specifies the relevant powers of the representative).
The state corporation ensures the storage of documents for 1 (one) month, after which it transfers them to the service provider for further storage.
When the service recipient applies after 1 (one) month, at the request of the State Corporation, the service provider within 1 (one) working day sends the finished documents to the State Corporation for issuance to the service recipient.
7. The Service Provider refuses to assign a PIN code in the following cases:
1) absence of registration as a taxpayer engaged in certain types of activities, according to Article 88 of the Code of the Republic of Kazakhstan dated December 25, 2017 "On taxes and other mandatory payments to the budget" (Tax Code);
2) the presence of an assigned PIN code for the type of tobacco products.
8. Upon receipt of a refusal to assign a PIN code in the cases provided for in paragraph 7 of these Rules, the service recipient re-submits an application for PIN assignment in accordance with the procedure established by these Rules.
9. In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law, the service provider ensures the entry of data into the information system for monitoring the provision of public services on the stage of the provision of public services in the manner 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 about the stage of rendering the state service" (registered in the Register of State Registration of regulatory legal acts No. 8555).
10. When constructing PIN codes in the information system, the structure of the faceted coding system is used in accordance with Annex 4 to these Rules.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials, State corporations and (or) their employees on the provision of public services
11. 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:
in the name of 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 against the actions (inaction) of employees of a State Corporation in the provision of public services through a State Corporation is filed to the head of a State Corporation or to an authorized body in the field of informatization.
12. 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.
13. In cases of disagreement with the results of the provision of public services, the service recipient has the right to apply to the court in accordance with the Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015.
Appendix 1 to
assignment of personal
identification numbers-
codes for tobacco products
Form
Application for assignment of PIN code(s) for tobacco product(s)
Name of the service recipient:
Individual/business identification number of the service recipient:
Type of applicant (manufacturer and/or importer):
n/a Brand of tobacco product Name of tobacco product (cigarettes, cigarettes, cigars, cigarillos, tobacco and other tobacco products) Number of units of tobacco product in a pack (pieces, grams, milliliter) The presence of a filter, (yes/no)
1.
2.
Head ___________________________________________________ __________
(Surname, first name, patronymic (if any)) (signature)
Appendix 2 to
assignment of personal
identification numbers-
codes for tobacco products
The standard of the state service "Assignment of a personal identification number (PIN code) to producers (importers) of certain types of petroleum products, as well as for goods of manufacturers and importers of certain types of excisable products, aviation fuel and fuel oil"