In accordance with subparagraph 10-14) of Article 10-2 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services", I ORDER:
Footnote. The preamble is in the wording of the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 04/29/2020 No. 252 (effective after ten calendar days after the day of its first official publication).
1. Approve the attached rules for the provision of housing certificates.
2. 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) within ten calendar days from the date of state registration of this order, the direction in Kazakh and Russian to the Republican State Enterprise on the right of economic management "Institute of Legislation and Legal Information of the Republic of Kazakhstan" for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.
4. This order shall enter into force from the date of its first official publication.
Minister R. Sklyar
"AGREED"
Ministry of Finance
of the Republic of Kazakhstan
"____"____________ 2019 year
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
"____"____________ 2019 year
Approved by order
Minister of Industry
and Infrastructure Development
of the Republic of Kazakhstan
No. 417 dated June 20, 2019
Rules for the provision of housing certificates
Footnote. The rules are in the wording of the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 04/29/2020 No. 252 (effective after ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for the provision of Housing certificates (hereinafter referred to as the Rules) are developed in accordance with subparagraph 10-14) of Article 10-2 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations" (hereinafter referred to as the Law), subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" and determine the procedure for the issuance of housing certificates and the provision of public services "Issuance of housing certificates" (hereinafter referred to as the public service).
2. For the realization of the right of citizens to acquire ownership of housing using a mortgage housing loan under the mortgage program approved by the National Bank of the Republic of Kazakhstan (hereinafter referred to as the mortgage program) and (or) the state housing construction program approved by the Government of the Republic of Kazakhstan (hereinafter referred to as the mortgage program). – housing construction program), local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, districts and cities of regional significance provide housing certificates as social assistance or social support in the form of a budget loan.
3. The Rules use the basic concepts:
1) mortgage housing loan – mortgage loan, preliminary and intermediate housing loans of the housing construction savings system provided for the purpose of buying housing, secured by a mortgage of the acquired residential real estate;
2) housing certificate is a form of monetary obligation of a local executive body provided to citizens of the Republic of Kazakhstan to cover part of the initial payment on mortgage housing loans when purchasing housing under the mortgage program approved by the National Bank of the Republic of Kazakhstan and (or) the state housing construction program approved by the Government of the Republic of Kazakhstan;
3) authorized body – the central executive body responsible for the management and inter-sectoral coordination in the field of housing relations;
4) administrator – a structural subdivision of the local executive body of the region, city of republican significance, capital, district (city of regional significance) determined by the akim, supervising the sphere of employment and social security, construction, housing relations.
Chapter 2. Procedure for the provision of housing certificates and the provision of public services
4. Local representative bodies (maslikhats) of oblasts, cities of republican significance, the capital, the district (cities of regional significance) determine the size and list of categories of recipients of housing certificates (hereinafter referred to as the List), upon submission of local executive bodies in accordance with paragraph 2 of Article 14-1) of the Law.
The amount of the housing certificate is determined in a single amount of no more than 1.5 million (one million five hundred thousand) tenge for each recipient.
Footnote. Item 4 as amended by the Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.03.2021 No. 138 (effective after ten calendar days after the date of its first official publication).
5. The List, taking into account the need for specialists in the field of healthcare, education, culture, sports and other industries, provides for categories of recipients, as well as categories of socially vulnerable segments of the population defined by subparagraphs 3), 9) and 11) of Article 68 of the Law (hereinafter - the applicant):
families with or raising disabled children;
mothers with many children, awarded with pendants "Altyn alka", "Kumis alka" or previously received the title of "Mother-heroine", as well as awarded with the orders of "Maternal Glory" I and II degrees, large families;
single-parent families.
The demanded specialists of the industries are determined based on the analysis of statistical observations on labor and employment statistics, as well as taking into account the forecast of labor resources formed according to the Rules for the Formation of the national labor forecasting system and the Use of its Results, approved by Order No. 154 of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 29, 2019 (registered in the Register of State Registration of Regulatory Legal Acts No. 18445).
6. A housing certificate as social assistance is provided if the applicant and his family members (spouse, minor children) permanently living together with him have an average income from labor and (or) entrepreneurial activity (excluding pension contributions, individual income tax and other mandatory deductions) for the last 6 (six) months, not exceeding for each family member (spouse, minor children, including children studying full-time in organizations of basic secondary, general secondary education, educational programs of technical and vocational, post-secondary, higher and postgraduate education, after they reach the age of majority until the time of graduation of educational organizations (but not more than until they reach the age of twenty-three) 3.1 -fold of the subsistence minimum per month established by law for the current financial year.
In case of exceeding the established threshold for average income for the last 6 (six) months for each family member (spouse, minor children), a housing certificate is provided as social support in the form of a budget loan.
Footnote. Item 6 as amended by the Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 03/27/2021 No. 138 (effective ten calendar days after the date of its first official publication).
7. The Administrator provides for the appropriate financial year the planned amount of issuance of housing certificates as social assistance and (or) social support in the form of a budget loan.
Social assistance is provided free of charge and irrevocably.
Social support is provided in the form of a budget loan on the terms of payment, repayment, urgency in accordance with the requirements of budget legislation.
8 The provision of housing certificates is carried out within the funds provided for in local budgets for the corresponding financial year.
9. The administrator ensures publication on Internet resources:
1) decisions of the local representative body (maslikhat) on the size and list of categories of recipients of housing certificates;
2) announcements on the provision of housing certificates.
10. In case of insufficient funds in the local budget for the provision of housing certificates, an announcement on the termination of the issuance of housing certificates is published.
11. Housing certificates are provided to applicants corresponding to the List when purchasing housing in accordance with the procedure provided for by the mortgage program or the housing construction program.
At the same time, the applicant submits to the second–tier bank (hereinafter referred to as the STB) a written notification of the intention to obtain a housing certificate.
12. The state service is provided by a structural subdivision of the local executive body of the regions, the cities of Nur-Sultan, Almaty and Shymkent, districts and cities of regional significance (hereinafter referred to as the administrator), according to these Rules.
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 Standard of Public services "Issuance of housing certificates" according to Annex 1 to these Rules (hereinafter - the Standard of public services).