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Conclusion (signing) of additional agreements to contracts for subsoil use of hydrocarbons

Как получить услугу
Online
Individuals

You can obtain a service via the Portal:

Using EDS:

1. Log in in the USMS system.

2. Fill in a request and sign it with EDS, attach scanned copies of the necessary documents to the application.

3. In the USMS, in the "Public services" tab in the "application log" section, you will see the result.

Online
Legal entities

You can obtain a service via the Portal:

Using EDS:

1. Log in in the USMS system.

2. Fill in a request and sign it with EDS, attach scanned copies of the necessary documents to the application.

3. In the USMS, in the "Public services" tab in the "application log" section, you will see the result.

Service provider
Individuals

Documents required for submission to service provider:

1.    An application for transfer of subsoil use right (subsoil use right share).

2.    An addendum to the subsoil use contract signed by the service recipient in 3 counterparts.

3.    A copy and an original of subsoil use right (subsoil use right share) for verification.

4.    A copy and an original documents of subsoil use right (subsoil use right share) by the acquirer for verification:

  • Documents certifying the acquirer’s compliance with the requirements of the Code.
  • A written consent of the mortgagee, if the subsoil use right (subsoil use right share) is encumbered with a pledge.
  • A written consent of all joint subsoil use right holders.
  • a positive decision of the service provider, issued based on the recommendations of expert committee on the subsoil use, which is a consultative and advisory body under the service provider to develop recommendations when considering applications, acting on the basis of requirements of Article 45 and paragraph 14 of Article 277 of the Code.

1.    An application to change information about the service recipient.

2.    Documents certifying the changes made to the information about the service recipient.

3.    An addendum to the contract signed by the service recipient in 3 counterparts, provides for changes made in the service recipient information.

4.    Copies and originals certifying the service recipient’s authority of to sign application for verification.

1.    An application for the assignment of a production site and preparatory period(s).

2.    An addendum to the contract signed by the service recipient, providing for the assignment of preparatory period (s) and containing an annex to the contract, establishing the production site(s) in 3 counterparts, in accordance with Article 110 of the Code.

3.    A geological reserves estimation report approved by the service recipient and received a positive conclusion from the state subsoil expertise.

4.    A copy of positive decision of the service provider, issued based on the expert committee recommendations.

1.    An application for assignment of production site(s) and period(s) or production period(s).

2.    An addendum to the contract signed by the service recipient, providing for the assignment of the production site(s) and period(s) or production period(s), except for the cases provided for in paragraph 7 of Article 119 of the Code. At the same time, to secure the production site(s), the addendum to the contract must contain an annex to the contract establishing production site(s) in 3 (three) counterparts in accordance with Article 110 of the Code.

3.    A geological reserves estimation report approved by the service recipient and received a positive conclusion from the state subsoil examination.

4.    Subsoil development project approved by the service recipient and received positive conclusions from the expertise provided for by the Code and other laws of the Republic of Kazakhstan.

5.    A copy of positive decision of the service provider, issued based on expert committee recommendations.

1.    An application for amendments to the subsoil use contract in connection with the extension of the exploration period(s).

2.    An additional work program signed, approved by the service recipient and containing the scope, description and timing of additional work that the service recipient undertakes to perform on the relevant subsoil site in the event of the extension of the exploration period.

3.    An addendum to the contract signed by the service recipient in 3 counterparts.

4.    In the cases provided for in paragraphs 2 and 3 of Article 117 of the Code, an annex to the contract establishing, in accordance with Article 110 of the Code, an exploration area (s) consisting of blocks within which the estimated contours of the discovered deposit (set of deposits) are located, including the establishing of the exploration area(s) boundaries by depth.

5.    The liability of the service recipient to carry out an additional work program specified in the third paragraph of this sub-clause and attached to the contract as its integral part.

6.    The liability to pay to the Republic of Kazakhstan the amounts used not provided for by the additional work program in the event of an exploration period extension in accordance with paragraph 3-2 of Article 117 of the Code.

7.    In the case provided for in paragraph 2 of Article 117 of the Code, an addition to the exploration project, approved by the service recipient and received positive conclusions from the expertise provided for by the Code and other laws of the Republic of Kazakhstan, that provides discovered deposit (set of deposits) assessment works.

8.    In the case provided for by paragraph 3 of Article 117 of the Code, a trial operation project approved by the service recipient and received positive conclusions from the expertise provided for by the Code and other laws of the Republic of Kazakhstan.

9.    In the case provided for in paragraph 3-2 of Article 117 of the Code - an addition to the exploration project approved by the subsoil user and received positive conclusions from the expertise provided for by this Code and other laws of the Republic of Kazakhstan, an extract from a second-tier bank on the availability of appropriate funds in the bank account of the subsoil user.

1.    An application for amendments to a hydrocarbons exploration and production contract for a complex project in connection with the transition to the assessment stage.

2.    An addendum to an exploration and production contract for the complex project signed by the service recipient, providing for the establishment of the boundaries of the exploration area(s), consisting of blocks within which the estimated contours of the discovered deposit (set of deposits) are located, including the establishment of the boundaries of the exploration area(s) in depth, as well as containing a program of additional work approved by the subsoil user and containing the scope, description and timing of additional work by year, which the subsoil user undertakes to perform on the corresponding subsoil plot at the assessment stage in 3 (three) counterparts.

3.    The conclusion of the authorized body for the study of subsoil on the discovery of a deposit (set of deposits) of hydrocarbons within the subsoil area, issued in accordance with paragraph 3 of Article 121 of the Code, indicating the expected contours of the deposit (set of deposits) on which the assessment is planned.

A copy of the positive decision of the service provider, issued based on recommendations of the expert committee.

1.    Application for amendments to a hydrocarbons exploration and production contract for the complex project in connection with the transition to the trial operation stage.

2.    An addendum to the exploration and production contract for a complex project signed by the service recipient in 3 counterparts, containing a program of additional work approved by the subsoil user and containing the scope, description and timing of additional work by year, which the subsoil user undertakes to perform on the corresponding subsoil site at the trial operation stage.

3.    An operational geological reserves estimation report approved by the subsoil user and received a positive conclusion from the state subsoil expertise.

4.    A copy of positive decision of the service provider, issued on the basis of  recommendations of the expert committee.

1.    Application for amendments to the contract for exploration and production of hydrocarbons for a complex project in connection with the transition to the production period.

2.    An addendum to the exploration and production contract for a complex project, signed by the service recipient, establishing the boundaries of the production site in 3 (three) counterparts. If the deposit is not classified as a large deposit, the addendum to the contract should also provide for a twenty-five years production period. In the cases provided for in paragraph 18-2 of Article 119 of the Code, an addendum to the contract must provide for its presentation in a new edition if, in relation to the subsoil plot, confirmation of its compliance with any of the criteria of a complex project has not been received.

3.    A copy of the geological reserves assessment report at the production site, approved by the subsoil user and received a positive conclusion from the state subsoil examination.

4.    A copy of the positive decision of the service provider, issued based on recommendations of the expert committee.

1.    Application for amendments to a subsoil use contract in connection with the transition to the terms of a standard hydrocarbons exploration and production contract for a complex project.

2.    An addendum to the contract signed by the service recipient providing for the presentation of the contract in a new edition in accordance with the terms of the standard hydrocarbons exploration and production contract for a complex project in 3 counterparts.

3.    One of the documents specified in paragraphs 1-3 of Article 36 of the Code, confirming the presence at the subsoil site of at least one of the criteria provided for in paragraphs 1-2 of Article 36 of the Code.

4.    A copy of the positive decision of the service provider, issued based on the recommendations of the expert committee.

1.    Application for amendments to the subsoil use contract in connection with the extension of production period(s).

2.    An addendum to the contract signed by the service recipient, providing for an extension of the production period (periods) in 3 copies, containing:
Excluded

- approved by the service recipient and received positive conclusions of the examinations provided for by the Code and other laws of the Republic of Kazakhstan, a field development project providing for the development of the field during the requested period of extension of the production period (s).

3.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

1.    Application for amendments to the subsoil use contract in connection with the extension of the period (s) of uranium production.

2.    A uranium deposit development project, approved by the subsoil user and received positive conclusions from the examinations provided for by the Code and other laws of the Republic of Kazakhstan, providing for the development of the deposit during the requested extension of the production period (s).
If the contract on the date of filing the application to extend the production period (s) corresponds to the standard contract for uranium production in force on the date of filing the application, approved by the service provider, when extending the production period (s) between the subsoil user and the service provider within one month from the date of the decision an extension is concluded in an addition to the uranium mining contract, providing for an extension of the production period(s). If the contract on the date of filing the application to extend the mining period(s) does not correspond to the standard uranium mining contract in force on the date of filing the application, approved by the service provider, when extending the production period(s), a contract for uranium production in a new edition is concluded between the subsoil user and the service provider within two months from the date of the decision on extension, developed in accordance with the standard contract for uranium production, approved by the order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 year No. 233 (registered in the Register of State Registration of Statutory Legal Acts No. 17140) in 3 copies).

3.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

4.    Originals or notarized copies of documents certifying the authority of the service recipient to sign application.

1.    An application for amendments to the subsoil use contract in connection with an increase or decrease in the subsoil plot(s).

2.    An addendum to the contract signed by the service recipient in 3 counterparts, containing an annex to the contract establishing, in accordance with Article 110 of the Code, an increased subsoil plot(s) or the obligation of the service recipient to carry out the program of additional work specified in paragraph 3 of Article 113 and attached to the contract as its integral part parts;

3.    When increasing the subsoil plot(s), a program of additional work approved by the service recipient and containing the scope, description and timing of the work that the service recipient undertakes to perform on the requested subsoil plot(s), proportionally corresponding to the minimum requirements for the scopes and types of work on the subsoil plot(s) during the exploration period, which were established when the service recipient received the right to subsoil use.

4.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

5.    Originals or notarized copies of documents certifying the authority of the service recipient to sign application.

1.    Application for amendments to the subsoil use contract in connection with an increase in the subsoil plot(s).

2.    An addendum to the contract signed by the service recipient in 3 counterparts, providing for an increase in the subsoil plot(s).

3.    Report from a competent person on reserves for the requested area(s).

4.    A copy of the positive decision of the service provider, issued based on the requirements of Article 45 and paragraph 14 of Article 277 of the Code.

5.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

6.    Originals or notarized copies of documents certifying the authority of the service recipient to sign application.

1.    An application for amendments to the subsoil use contract in connection with the reduction of the subsoil plot(s).

2.    An addendum to the contract signed by the service recipient in 3 counterparts, containing an annex to the contract establishing, in accordance with Article 110 of the Code, a reduced subsoil area (s) and attached to the contract as its integral part, specified in Article 114 of the Code.

3.    A copy of the act of liquidation of the consequences of subsoil use on the returned subsoil plot(s).

4.    A copy of the positive decision of the service provider, issued based on the requirements of Article 45 and paragraph 14 of Article 277 of the Code.

5.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

6.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

1.    An application for amendments to the subsoil use contract in connection with the reduction of the subsoil plot(s).

2.    A copy of the act of liquidation of the consequences of subsoil use on the returned subsoil plot(s).

3.    An addition to the contract signed by the subsoil user, providing for the reduction of the subsoil plot(s) in 3 counterparts.

4.    A copy of the positive decision of the service provider, issued based on the requirements of Article 45 and paragraph 14 of Article 277 of the Code.

5.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

6.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

1.    Application for amendments to the subsoil use contract in connection with the inclusion of investment obligations for depleting deposits.

2.    Approved by the service recipient and having received positive conclusions from the examinations provided for by the Code and other laws of the Republic of Kazakhstan.

3.    A development project or development analysis confirming the compliance of the deposit with the criteria provided for in paragraph 2 of Article 153-1 of the Code.

4.    An addition to the contract signed by the subsoil user, providing for investment obligations for depleting deposits, provided for in paragraph 3 of Article 153-1 of the Code, in 3 counterparts if the depleting deposit is not separated into a separate contract.

5.    An addendum to the contract signed by the subsoil user, providing for the allocation of a subsoil plot, including a depleting deposit, a hydrocarbon production contract signed by the subsoil user in relation to the allocated subsoil plot, including a depleting deposit, and providing for investment obligations for depleting deposits, provided for in paragraph 3 of Article 153-1 of the Code, in 3 copies if the depleting deposit is allocated into a separate contract in accordance with subparagraph 6) of paragraph 1 of Article 115 of the Code.

6.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

7.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

1.    Application for amendments to the subsoil use contract in connection with the allocation of site(s) and production period(s) or production period(s).

2.    An addendum to the contract signed by the service recipient in 3 copies, containing an annex to the contract establishing, in accordance with Article 110 of the Code, a reduced main subsoil area, as well as the information specified in Article 115 of the Code.

3.    A contract for exploration and production or production of hydrocarbons signed by the service recipient, developed in accordance with the standard contract approved by Order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140) in 3 copies.

4.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

5.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

Service provider
Legal entities

Documents required for submission to service provider:

1.    An application for transfer of subsoil use right (subsoil use right share).

2.    An addendum to the subsoil use contract signed by the service recipient in 3 counterparts.

3.    A copy and an original of subsoil use right (subsoil use right share) for verification.

4.    A copy and an original documents of subsoil use right (subsoil use right share) by the acquirer for verification:

  • Documents certifying the acquirer’s compliance with the requirements of the Code.
  • A written consent of the mortgagee, if the subsoil use right (subsoil use right share) is encumbered with a pledge.
  • A written consent of all joint subsoil use right holders.
  • a positive decision of the service provider, issued based on the recommendations of expert committee on the subsoil use, which is a consultative and advisory body under the service provider to develop recommendations when considering applications, acting on the basis of requirements of Article 45 and paragraph 14 of Article 277 of the Code.

1.    An application to change information about the service recipient.

2.    Documents certifying the changes made to the information about the service recipient.

3.    An addendum to the contract signed by the service recipient in 3 counterparts, provides for changes made in the service recipient information.

4.    Copies and originals certifying the service recipient’s authority of to sign application for verification.

1.    An application for the assignment of a production site and preparatory period(s).

2.    An addendum to the contract signed by the service recipient, providing for the assignment of preparatory period (s) and containing an annex to the contract, establishing the production site(s) in 3 counterparts, in accordance with Article 110 of the Code.

3.    A geological reserves estimation report approved by the service recipient and received a positive conclusion from the state subsoil expertise.

4.    A copy of positive decision of the service provider, issued based on the expert committee recommendations.

1.    An application for assignment of production site(s) and period(s) or production period(s).

2.    An addendum to the contract signed by the service recipient, providing for the assignment of the production site(s) and period(s) or production period(s), except for the cases provided for in paragraph 7 of Article 119 of the Code. At the same time, to secure the production site(s), the addendum to the contract must contain an annex to the contract establishing production site(s) in 3 (three) counterparts in accordance with Article 110 of the Code.

3.    A geological reserves estimation report approved by the service recipient and received a positive conclusion from the state subsoil examination.

4.    Subsoil development project approved by the service recipient and received positive conclusions from the expertise provided for by the Code and other laws of the Republic of Kazakhstan.

5.    A copy of positive decision of the service provider, issued based on expert committee recommendations.

1.    An application for amendments to the subsoil use contract in connection with the extension of the exploration period(s).

2.    An additional work program signed, approved by the service recipient and containing the scope, description and timing of additional work that the service recipient undertakes to perform on the relevant subsoil site in the event of the extension of the exploration period.

3.    An addendum to the contract signed by the service recipient in 3 counterparts.

4.    In the cases provided for in paragraphs 2 and 3 of Article 117 of the Code, an annex to the contract establishing, in accordance with Article 110 of the Code, an exploration area (s) consisting of blocks within which the estimated contours of the discovered deposit (set of deposits) are located, including the establishing of the exploration area(s) boundaries by depth.

5.    The liability of the service recipient to carry out an additional work program specified in the third paragraph of this sub-clause and attached to the contract as its integral part.

6.    The liability to pay to the Republic of Kazakhstan the amounts used not provided for by the additional work program in the event of an exploration period extension in accordance with paragraph 3-2 of Article 117 of the Code.

7.    In the case provided for in paragraph 2 of Article 117 of the Code, an addition to the exploration project, approved by the service recipient and received positive conclusions from the expertise provided for by the Code and other laws of the Republic of Kazakhstan, that provides discovered deposit (set of deposits) assessment works.

8.    In the case provided for by paragraph 3 of Article 117 of the Code, a trial operation project approved by the service recipient and received positive conclusions from the expertise provided for by the Code and other laws of the Republic of Kazakhstan.

9.    In the case provided for in paragraph 3-2 of Article 117 of the Code - an addition to the exploration project approved by the subsoil user and received positive conclusions from the expertise provided for by this Code and other laws of the Republic of Kazakhstan, an extract from a second-tier bank on the availability of appropriate funds in the bank account of the subsoil user.

1.    An application for amendments to a hydrocarbons exploration and production contract for a complex project in connection with the transition to the assessment stage.

2.    An addendum to an exploration and production contract for the complex project signed by the service recipient, providing for the establishment of the boundaries of the exploration area(s), consisting of blocks within which the estimated contours of the discovered deposit (set of deposits) are located, including the establishment of the boundaries of the exploration area(s) in depth, as well as containing a program of additional work approved by the subsoil user and containing the scope, description and timing of additional work by year, which the subsoil user undertakes to perform on the corresponding subsoil plot at the assessment stage in 3 (three) counterparts.

3.    The conclusion of the authorized body for the study of subsoil on the discovery of a deposit (set of deposits) of hydrocarbons within the subsoil area, issued in accordance with paragraph 3 of Article 121 of the Code, indicating the expected contours of the deposit (set of deposits) on which the assessment is planned.

A copy of the positive decision of the service provider, issued based on recommendations of the expert committee.

1.    Application for amendments to a hydrocarbons exploration and production contract for the complex project in connection with the transition to the trial operation stage.

2.    An addendum to the exploration and production contract for a complex project signed by the service recipient in 3 counterparts, containing a program of additional work approved by the subsoil user and containing the scope, description and timing of additional work by year, which the subsoil user undertakes to perform on the corresponding subsoil site at the trial operation stage.

3.    An operational geological reserves estimation report approved by the subsoil user and received a positive conclusion from the state subsoil expertise.

4.    A copy of positive decision of the service provider, issued on the basis of  recommendations of the expert committee.

1.    Application for amendments to the contract for exploration and production of hydrocarbons for a complex project in connection with the transition to the production period.

2.    An addendum to the exploration and production contract for a complex project, signed by the service recipient, establishing the boundaries of the production site in 3 (three) counterparts. If the deposit is not classified as a large deposit, the addendum to the contract should also provide for a twenty-five years production period. In the cases provided for in paragraph 18-2 of Article 119 of the Code, an addendum to the contract must provide for its presentation in a new edition if, in relation to the subsoil plot, confirmation of its compliance with any of the criteria of a complex project has not been received.

3.    A copy of the geological reserves assessment report at the production site, approved by the subsoil user and received a positive conclusion from the state subsoil examination.

4.    A copy of the positive decision of the service provider, issued based on recommendations of the expert committee.

1.    Application for amendments to a subsoil use contract in connection with the transition to the terms of a standard hydrocarbons exploration and production contract for a complex project.

2.    An addendum to the contract signed by the service recipient providing for the presentation of the contract in a new edition in accordance with the terms of the standard hydrocarbons exploration and production contract for a complex project in 3 counterparts.

3.    One of the documents specified in paragraphs 1-3 of Article 36 of the Code, confirming the presence at the subsoil site of at least one of the criteria provided for in paragraphs 1-2 of Article 36 of the Code.

4.    A copy of the positive decision of the service provider, issued based on the recommendations of the expert committee.

1.    Application for amendments to the subsoil use contract in connection with the extension of production period(s).

2.    An addendum to the contract signed by the service recipient, providing for an extension of the production period (periods) in 3 copies, containing:
Excluded

- approved by the service recipient and received positive conclusions of the examinations provided for by the Code and other laws of the Republic of Kazakhstan, a field development project providing for the development of the field during the requested period of extension of the production period (s).

3.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

1.    Application for amendments to the subsoil use contract in connection with the extension of the period (s) of uranium production.

2.    A uranium deposit development project, approved by the subsoil user and received positive conclusions from the examinations provided for by the Code and other laws of the Republic of Kazakhstan, providing for the development of the deposit during the requested extension of the production period (s).
If the contract on the date of filing the application to extend the production period (s) corresponds to the standard contract for uranium production in force on the date of filing the application, approved by the service provider, when extending the production period (s) between the subsoil user and the service provider within one month from the date of the decision an extension is concluded in an addition to the uranium mining contract, providing for an extension of the production period(s). If the contract on the date of filing the application to extend the mining period(s) does not correspond to the standard uranium mining contract in force on the date of filing the application, approved by the service provider, when extending the production period(s), a contract for uranium production in a new edition is concluded between the subsoil user and the service provider within two months from the date of the decision on extension, developed in accordance with the standard contract for uranium production, approved by the order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 year No. 233 (registered in the Register of State Registration of Statutory Legal Acts No. 17140) in 3 copies).

3.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

4.    Originals or notarized copies of documents certifying the authority of the service recipient to sign application.

1.    An application for amendments to the subsoil use contract in connection with an increase or decrease in the subsoil plot(s).

2.    An addendum to the contract signed by the service recipient in 3 counterparts, containing an annex to the contract establishing, in accordance with Article 110 of the Code, an increased subsoil plot(s) or the obligation of the service recipient to carry out the program of additional work specified in paragraph 3 of Article 113 and attached to the contract as its integral part parts;

3.    When increasing the subsoil plot(s), a program of additional work approved by the service recipient and containing the scope, description and timing of the work that the service recipient undertakes to perform on the requested subsoil plot(s), proportionally corresponding to the minimum requirements for the scopes and types of work on the subsoil plot(s) during the exploration period, which were established when the service recipient received the right to subsoil use.

4.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

5.    Originals or notarized copies of documents certifying the authority of the service recipient to sign application.

1.    Application for amendments to the subsoil use contract in connection with an increase in the subsoil plot(s).

2.    An addendum to the contract signed by the service recipient in 3 counterparts, providing for an increase in the subsoil plot(s).

3.    Report from a competent person on reserves for the requested area(s).

4.    A copy of the positive decision of the service provider, issued based on the requirements of Article 45 and paragraph 14 of Article 277 of the Code.

5.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

6.    Originals or notarized copies of documents certifying the authority of the service recipient to sign application.

1.    An application for amendments to the subsoil use contract in connection with the reduction of the subsoil plot(s).

2.    An addendum to the contract signed by the service recipient in 3 counterparts, containing an annex to the contract establishing, in accordance with Article 110 of the Code, a reduced subsoil area (s) and attached to the contract as its integral part, specified in Article 114 of the Code.

3.    A copy of the act of liquidation of the consequences of subsoil use on the returned subsoil plot(s).

4.    A copy of the positive decision of the service provider, issued based on the requirements of Article 45 and paragraph 14 of Article 277 of the Code.

5.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

6.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

1.    An application for amendments to the subsoil use contract in connection with the reduction of the subsoil plot(s).

2.    A copy of the act of liquidation of the consequences of subsoil use on the returned subsoil plot(s).

3.    An addition to the contract signed by the subsoil user, providing for the reduction of the subsoil plot(s) in 3 counterparts.

4.    A copy of the positive decision of the service provider, issued based on the requirements of Article 45 and paragraph 14 of Article 277 of the Code.

5.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

6.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

1.    Application for amendments to the subsoil use contract in connection with the inclusion of investment obligations for depleting deposits.

2.    Approved by the service recipient and having received positive conclusions from the examinations provided for by the Code and other laws of the Republic of Kazakhstan.

3.    A development project or development analysis confirming the compliance of the deposit with the criteria provided for in paragraph 2 of Article 153-1 of the Code.

4.    An addition to the contract signed by the subsoil user, providing for investment obligations for depleting deposits, provided for in paragraph 3 of Article 153-1 of the Code, in 3 counterparts if the depleting deposit is not separated into a separate contract.

5.    An addendum to the contract signed by the subsoil user, providing for the allocation of a subsoil plot, including a depleting deposit, a hydrocarbon production contract signed by the subsoil user in relation to the allocated subsoil plot, including a depleting deposit, and providing for investment obligations for depleting deposits, provided for in paragraph 3 of Article 153-1 of the Code, in 3 copies if the depleting deposit is allocated into a separate contract in accordance with subparagraph 6) of paragraph 1 of Article 115 of the Code.

6.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

7.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

1.    Application for amendments to the subsoil use contract in connection with the allocation of site(s) and production period(s) or production period(s).

2.    An addendum to the contract signed by the service recipient in 3 copies, containing an annex to the contract establishing, in accordance with Article 110 of the Code, a reduced main subsoil area, as well as the information specified in Article 115 of the Code.

3.    A contract for exploration and production or production of hydrocarbons signed by the service recipient, developed in accordance with the standard contract approved by Order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140) in 3 copies.

4.    A copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert committee.

5.    Originals or notarized copies of documents certifying the authority of the service recipient to sign the application.

Результат оказания услуги

A contract amendment for subsoil use or substantiated refusal to deliver the public service.

Часто задаваемые вопросы
Grounds for refusal to provide the public service established by the laws of the Republic of Kazakhstan

1) for an addendum to the contract upon transfer of the subsoil use right and share in the subsoil use right:

  • The non-compliance of the application with the requirements of paragraph 3 of Article 40 of the Code;
  • The non-compliance of the conditions for the transfer of subsoil use rights with the issued license, if such a transfer is carried out in accordance with such a license;
  • The lack of license to transfer the right to subsoil use, when such license was required in accordance with the Code;
  • if the transfer of the subsoil use right (share in the subsoil use right) is carried out over a subsoil plot in which the service recipient is prohibited from carrying out subsoil use operations or certain types of work in accordance with the imposed administrative penalty;
  • if the transfer of the subsoil use right (share in the subsoil use right) is prohibited by the Code;
  • if the transfer of the subsoil use right (share in the subsoil use right) entails a violation of the provisions of international treaties concluded by the Republic of Kazakhstan.

2) to obtain an addendum to the contract when information about the service recipient changes:

  • if the application does not meet the requirements established by the Code.

3) for an addendum to the contract when assigning a production site (sites) and the preparatory period (s):

  • the presence of violations of obligations under the subsoil use contract specified in the service provider’s notification that have not been eliminated by the service recipient;
  • if the application does not meet the requirements established by Article 118 of the Code.

4) for an addendum to the contract when assigning a production site(s) and production period(s):

  • the presence of violations of obligations under the subsoil use contract specified in the service provider’s notification that have not been eliminated by the service recipient;
  • if the application does not meet the requirements established by Article 119 of the Code.

5) for an addendum to the contract when extending the exploration period(s):

  • absence of grounds for extending the exploration period provided for in paragraphs 1-3-2 of Article 117 of the Code;
  • the presence of violations of obligations under the subsoil use contract specified in the service provider’s notification that have not been eliminated by the service recipient;
  • the exploration period was previously extended in accordance with paragraph 3-2 of Article 117 of the Code, if the extension of the exploration period is requested in accordance with paragraph 3-2 of Article 117 of the Code;
  • if the application does not meet the requirements established by the Code.

6) to obtain an addendum to an exploration and production contract for a complex project when moving to the assessment stage:

  • if the application is submitted later than the deadline established by paragraph 2 of Article 116 of the Code;
  • the documents required by paragraph 3 of Article 116 of the Code have not been submitted.

7) to obtain an addendum to the exploration and production contract for a complex project when moving to the trial operation stage:

  • if the application is submitted later than the deadline established by paragraph 2 of Article 116 of the Code;
  • the documents required by paragraph 4 of Article 116 of the Code have not been submitted.

8) to obtain an addendum to the exploration and production contract for a complex project during the transition to the production period:

  • if the application is submitted later than the deadline established by paragraph 18-1 of Article 119 of the Code;
  • the non-compliance of the application with the requirements established by Article 118 of the Code.

9) to obtain an addendum to an exploration and production contract in connection with the transition to the terms of a standard exploration and production contract for complex projects in the cases provided for in paragraph 7 of Article 116 and paragraph 40 of Article 278 of the Code:

  • the non-compliance of the application with the requirements of Article 116 of the Code concluding an addendum to the contract on the basis provided for in paragraph 7 of Article 116;
  • the non-compliance of the application with the requirements of paragraph 40 of Article 278 of the Code or failure by the applicant or refusal of the applicant to eliminate the comments of the competent authority sent in accordance with part seven of paragraph 40 of Article 278 of the Code, if the application is submitted in accordance with the specified paragraph of Article 278 of the Code.

10) to obtain an addendum to the contract when extending the production period:

  • if the application is submitted later than the deadline established by paragraph 2 of Article 120 of the Code;
  • if the field development project provides for a development period shorter than that requested in the application to extend the production period;
  • in the absence of the service provider’s intention to extend the production period, including in the event of failure to reach an agreement with the service recipient to accept an obligation to implement an industrial-innovative project involving the production of products with high added value (higher processing and processing), or other investment obligations, including provided for in paragraph 7 of Article 119 of the Code;
  • if the application does not meet the requirements established by the Code.

11) to obtain an addendum to the contract when extending the uranium mining period:

  • if the application is submitted later than the deadline established by paragraph 2 of Article 173 of the Code;
  • if the application does not meet the requirements established by the Code;
  • if the field development project involves the development of the field for a period shorter than that requested in the application;
  • if there are violations of the obligations under the uranium mining contract specified in the service provider’s notification that have not been eliminated by the subsoil user;
  • in the absence of the service provider’s intention to extend the uranium mining period.

12) for an addendum to the contract when increasing the subsoil plot(s):

  • the failure to comply with the conditions established in paragraph 1 of Article 113 of the Code;
  • if the application does not meet the requirements established by the Code.

13) to obtain an addendum to the uranium mining contract when increasing the subsoil area:

  • if the application does not meet the requirements established by the Code;
  • the failure to comply with the conditions established in paragraph 1 of Article 169 of the Code.

14) to obtain an addendum to the contract when reducing the subsoil area:

  • if the application does not meet the requirements established by the Code;
  • the failure to comply with the conditions established in paragraph 1 of Article 114 of the Code.

15) to obtain an addendum to the uranium mining contract when reducing the subsoil area:

  • if the application does not meet the requirements established by the Code;
  • the failure to comply with the conditions established in paragraph 1 of Article 170 of the Code.

16) to obtain an addendum to an hydrocarbons exploration and production or production contract of in connection with the inclusion of investment obligations for depleting fields:

  • the deposit does not meet the criterion of depleting deposits provided for in paragraph 2 of Article 153-1 of the Code.

17) to obtain an addendum to the contract when allocating a subsoil plot:

  • the conditions established in Article 115 of the Code are not met;
  • if the application does not meet the requirements established by the Code.
Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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When signing an addendum to the contract when changing information about the service recipient or the competent authority, when signing an addendum to the contract when assigning a site (s) and production period (s) or production period (s), when signing an addendum to the contract when extending the period (s) of exploration or production, when signing an addendum to the contract for exploration and production for a complex project during the transition to the production period, when signing an addendum to the contract for exploration and production in connection with the transition to the terms of a standard contract for exploration and production for a complex project in the cases provided for in paragraph 7 of Article 116 and paragraph 40 of Article 278 of the Code, when signing an addendum to the contract when increasing or decreasing the subsoil plot (areas), when signing addendum to the contract for exploration and production or production of hydrocarbons in connection with the inclusion of investment obligations for depletable deposits – 20 working days.

When signing an addendum to the contract upon transfer of the subsoil use right and share in the subsoil use right - 15 working days.

When signing an addendum to the contract when allocating a subsoil plot (areas), when signing an addendum to the contract for exploration and production for a complex project when moving to the assessment stage - 10 working days.

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