On approval of the rules for the provision of public services in the field of issuing licenses in architectural, urban planning and construction activities and on amendments and additions to some orders of the Minister of National Economy of the Republic of Kazakhstan
Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 175 dated April 1, 2020. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 1, 2020 No. 20267.
In accordance with Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services", I ORDER:
Approve:
1) rules for the provision of public services "Issuance of a license for prospecting activities", according to Appendix 1 to this order;
2) rules for the provision of public services "Issuance of a license for project activities", according to Annex 2 to this order;
3) rules for the provision of public services "Issuance of a license for construction and installation works", according to Appendix 3 to this order.
To approve the attached list of some orders of the Ministry of National Economy of the Republic of Kazakhstan, which are amended and supplemented in accordance with Annex 4 to this order.
The Committee for Construction and Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan in accordance with the procedure established by law to 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 Industry and Infrastructure Development of the Republic of Kazakhstan.
Control over the execution of this order should be entrusted to the supervising Vice-Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.
This order shall enter into force upon the expiration of twenty-one calendar days after the date of its first official publication.
Acting
Minister of Industry and Infrastructure
Development of the Republic of Kazakhstan
K. Uskenbayev
"AGREED"
Ministry of National Economy
Republic of Kazakhstan
"AGREED"
Ministry of Digital Development,
Innovation and Aerospace
Industry
Republic of Kazakhstan
Appendix 1 to the order
Minister of Industry and
Infrastructure Development
of the Republic of Kazakhstan
No. 175 dated April 1, 2020
Rules for the provision of public services "Issuance of a license for prospecting activities"
Chapter 1. General provisions
These Rules for the provision of public services "Issuance of a license for prospecting activities" (hereinafter referred to as the Rules) 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" and regulate the procedure for issuing a license for prospecting activities.
The following concepts are used in these Rules:
1) the "electronic government" web portal is an information system that represents a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connection to the networks of natural monopolies and services of quasi-public sector entities provided in electronic form;
2) qualification requirements – a set of quantitative and qualitative standards and indicators characterizing the ability of the applicant and the licensee to engage in a separate licensed type of activity and (or) a subspecies of the licensed type of activity, presented both when issuing a license and (or) an appendix to the license, and throughout the entire period of its validity;
3) license – a first category permit issued by the licensor to an individual or legal entity to carry out a licensed type of activity or a subspecies of a licensed type of activity associated with a high level of danger;
4) licensee – a natural or legal person who has a license.
The state service "Issuance of a license for prospecting activities" (hereinafter referred to as the state service) is provided by the local executive bodies of the regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as the service provider) in accordance with these Rules.
Chapter 2. The procedure for the provision of public services
Individuals and legal entities (hereinafter referred to as the service recipient) send an application with documents in the form of an electronic document certified by an electronic digital signature (hereinafter referred to as an EDS) to receive a public service to the service provider via 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, the 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 Annex 1 to these Rules in the form of a standard of public services (hereinafter – the Standard of public services).
The list of documents required for the provision of public services is determined by paragraph 8 of the Standard of Public Services.
Information about identity documents; about the state registration (re-registration) of a legal entity; about the state registration of an individual entrepreneur; information about the license and (or) appendices to the license, about the license fee; are provided to the service provider from information systems through the gateway of "electronic government".
The Service Recipient consents to the use of information constituting a legally protected secret contained in information systems.
The status of acceptance of the application for the provision of public services is sent to the service recipient in the "personal account", indicating the date and time of receipt of the result of the public service.
Actions of structural divisions (employees) of the service provider when obtaining and (or) reissuing a license and (or) an appendix to a license for prospecting activities for reasons of reorganization:
1) the service provider registers the application with the documents specified in subparagraphs 1) and 3) of paragraph 5 of these Rules on the day of their receipt.
If the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of public services is issued on the next working day.
2) the service provider considers an application with documents for compliance with the Unified Qualification Requirements and a list of documents confirming compliance with them for carrying out activities in the field of architecture, urban planning and construction, approved by the order of the Acting Minister of National Economy of the Republic of Kazakhstan dated December 9, 2014 No. 136 (hereinafter referred to as Qualification Requirements) within - 3 (three) working days.
If the service recipient submits an incomplete package of documents, the service provider, within two working days from the date of registration of the submitted documents specified in paragraph 5 of these Rules, prepares a reasoned refusal to further consider the application and sends it to the "personal account".
3) the service provider, based on the results of consideration of the application with documents, draws up, signs and sends to the "personal account" of the service recipient a license and (or) an appendix to the license or a reasoned refusal in accordance with paragraph 9 of the State Service Standard within 1 (one) working day.
Actions of structural divisions (employees) of the service provider when reissuing a license for prospecting activities in the cases specified in paragraph 8 of these Rules:
1) the service provider registers the application with the documents specified in subparagraph 2) paragraph 5 of these Rules, on the day of their receipt.
If the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of public services is issued on the next working day.
2) the service provider reviews the application with documents, draws up, signs and sends the license and (or) an appendix to the license to the "personal account" of the service recipient within 2 (two) working days.
The license and (or) the appendix to the license are subject to renewal in the following cases:
1) changes in the surname, first name, patronymic (if any) of the individual licensee;
2) re-registration of an individual entrepreneur-licensee, change of his name or legal address;
3) reorganization of the legal entity-licensee in accordance with the procedure defined by Article 34 of the Law of the Republic of Kazakhstan "On Permits and Notifications";
4) changes in the name and (or) location of the legal entity-licensee (if the address is specified in the license).
The actions of sub-paragraphs 2) and 4) of part one of this paragraph do not apply to cases when changes in the legal address of the individual entrepreneur-licensee, the address of the location of the legal entity-licensee, the address of the location of the object for a license issued under the class "permits issued for objects", or for appendices to the license indicating the objects occurred in connection with the change of the name of settlements, street names in accordance with the requirements of the Law of the Republic of Kazakhstan "On the administrative-territorial structure of the Republic of Kazakhstan". Such changes in the address of licensees and the object of the license are carried out through the integration of state information systems.
The service provider ensures that data on the stage of rendering public services are entered into the information system for monitoring the provision of public services in accordance with the procedure established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law.