Unofficial translation
In accordance with Paragraph 7-2 of Article 278 of the Code of the Republic of Kazakhstan "On subsoil and subsoil Use", the Government of the Republic of Kazakhstan HEREBY RESOLVES:
1. To approve the attached Rules for recognition of production activity (technological process) of subjects of industrial-innovative activity as production activity (technological process) related to subsoil use.
2. his resolution shall be enforced upon expiry of ten calendar days after the day of its first official publication.
|
Prime Minister of the Republic of Kazakhstan |
O. Bektenov |
| Approved by Resolution of the Government of the Republic of Kazakhstan dated June 17, 2026 № 511 |
Rules
for recognition of production activity (technological process) of subjects of industrial-innovative activity as production activity (technological process) related to subsoil use Chapter 1. General provisions
1. These Rules for recognition of production activity (technological process) of subjects of industrial-innovative activity as production activity (technological process) related to subsoil use (hereinafter – the Rules) have been developed in accordance with Paragraph 7-2 of Article 278 of the Code of the Republic of Kazakhstan "On subsoil and subsoil Use" (hereinafter – the Code) and determine the procedure for recognition of production activity (technological process) of subjects of industrial-innovative activity as production activity (technological process) related to subsoil use.
2. The following basic concepts are used in these Rules:
1) working body – the authorized body in the field of state stimulation of industry;
2) subjects of industrial-innovative activity – individuals and (or) legal entities, simple partnerships implementing industrial-innovative projects or carrying out activities to promote goods, works and services of Kazakhstani origin of the manufacturing industry to the domestic and (or) external markets;
3) the authorized body in the field of state stimulation of industry (hereinafter – the authorized body) – the central executive body exercising management in the field of industry, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination and participation in the implementation of state stimulation of industry;
4) applicant – a subject of industrial-innovative activity interested in recognition of its production activity (technological process) as related to subsoil use for obtaining a license for exploration or extraction of solid minerals;
5) National Center – the republican state enterprise on the right of economic management "National Center for Complex Processing of Mineral Raw Materials of the Republic of Kazakhstan".
Chapter 2. Procedure for recognition of production activity (technological process) of subjects of industrial-innovative activity as production activity (technological process) related to subsoil use
3. Production activity (technological process) of subjects of industrial-innovative activity shall be recognized as related to subsoil use when it meets the following requirements:
1) solid minerals, with the exception of uranium or coal, obtained as a result of operations for the extraction of solid minerals, are used exclusively as raw materials within the framework of implementation of industrial-innovative projects included in the unified industrialization map approved by Order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated September 26, 2022 № 534 "On approval of the unified industrialization map";
2) types of production activity (technological processes) correspond to the types of activity (technological processes) for recognition of production activity related to subsoil use, determined by Appendix 1 to these Rules;
3) the cost of the industrial-innovative project exceeds 14,500,000 times the monthly calculation index established by the law on the republican budget and effective as of January 1 of the relevant financial year.
4. The applicant shall apply to the authorized body with an application for recognition of its production activity (technological process) as production activity (technological process) related to subsoil use (hereinafter – the application), in free form, with the following documents attached:
1) passport of the industrial-innovative project in the form according to Appendix 2 to these Rules;
2) project implementation schedule in the form provided for by the Rules for inclusion of industrial-innovative projects in the unified industrial map, approved by Order of the Acting Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated August 22, 2023 № 592 (registered in the register of state registration of regulatory legal acts under № 33321);
3) copies of documents confirming the financial security of the project in the amount of not less than 50 (fifty) percent of the project cost.
The following shall be provided as documents confirming the financial security of the project:
a guarantee of a foreign bank, a second-tier bank of the Republic of Kazakhstan, a national development institution of the Republic of Kazakhstan and (or) an organization having an annually confirmed minimum long-term credit rating in foreign currency of not lower than "BB-" on the Standard and Poor's scale or a similar level on the scales of the rating agencies Moody's, FitchRatings;
a loan agreement with any organizations specified in paragraph two of this part, with the targeted use of the loan for the implementation of the proposed industrial-innovative project;
a statement on the balance and movement of funds in a bank account with a second-tier bank of the Republic of Kazakhstan or with the National Postal Operator.
If the applicant applies for recognition of its production activity (technological process) for conducting exploration operations as production activity (technological process) related to subsoil use, documents confirming financial security in the amount of not less than 50 (fifty) percent of the cost of geological exploration works under the project shall be provided.
The applicant shall choose any of the methods of financial security, including by combining several methods;
4) a conclusion of the authorized body for the study of subsoil on the absence of restrictions on conducting subsoil use operations on the requested subsoil area as of the date of issuance of such conclusion, and in the case of obtaining a license for extraction of solid minerals, a conclusion of the authorized body for the study of subsoil on the availability of reserves and (or) resources of solid minerals included in the state register of minerals shall additionally be provided;
5) a slide presentation on one page containing the following information: the name and purpose of the project, the place and period of its implementation, the total cost of the project, expected results;
6) a written justification of the need to obtain a license (licenses) for subsoil use to ensure the production activity (technological process) with raw materials in volumes sufficient and justified for obtaining a license for exploration or extraction of solid minerals, with the exception of uranium or coal;
7) information on the technological effectiveness and innovativeness of the industrial-innovative project with a detailed description of the orientation of the industrial-innovative project (technology transfer, creation of new (improvement of existing) productions and (or) implementation of innovative activity).
5. The authorized body, within 5 (five) working days from the date of receipt of the application and its annexes, shall verify them for completeness and compliance with the requirements established by paragraph 3 of these Rules.
If an incomplete package of documents is provided or the applicant does not comply with the requirements established by paragraph 3 of these Rules, the authorized body, within the period specified in part one of this paragraph, shall return the application indicating the missing documents and (or) the requirement with which the applicant does not comply.
If a complete package of documents is provided and the applicant complies with the requirements established by paragraph 3 of these Rules, the authorized body, within the period specified in part one of this paragraph, shall send the complete package of documents to the National Center for issuance of a conclusion on the technological effectiveness and innovativeness of the industrial-innovative project (technology transfer, creation of new (improvement of existing) productions and (or) implementation of innovative activity).
6. The National Center, within 15 (fifteen) working days from the date of receipt of the complete package of documents from the authorized body, shall prepare a conclusion on the technological effectiveness and innovativeness of the industrial-innovative project (technology transfer, creation of new (improvement of existing) productions and (or) implementation of innovative activity) and shall send it to the authorized body.
In case of a negative conclusion of the National Center, the authorized body, within 3 (three) working days from the date of receipt of such conclusion, shall refuse the applicant further consideration of its application.
In case of a positive conclusion of the National Center, the authorized body, within 3 (three) working days from the date of its receipt, shall form a draft conclusion on recognition of the production activity (technological process) of the applicant as activity (technological process) related to subsoil use and shall send it to the working body for submission to the Interdepartmental Commission on Industrial Policy (hereinafter – the Commission), which carries out its activities in accordance with its Regulations approved by Order of the Prime Minister of the Republic of Kazakhstan dated April 28, 2022 № 89-р .
When the authorized body submits for consideration by the Commission the issue of recognition of its production activity (technological process) for conducting exploration operations as production activity (technological process) related to subsoil use, the conclusion of the National Center shall not be required.
7. Within 10 (ten) working days from the date of the meeting of the Commission, the relevant protocol shall be sent to the authorized body.
8. In case of a positive decision of the Commission on recognition of the production activity (technological process) of the applicant as production activity (technological process) related to subsoil use, the relevant protocol, together with information on the project, including information on the applicant, shall be submitted to the President of the Republic of Kazakhstan for approval.
9. Upon approval by the President of the Republic of Kazakhstan of the protocol of the Commission meeting, the relevant protocol shall be sent to the authorized body within 10 (ten) working days from the date of receipt of the approval of the President of the Republic of Kazakhstan.
10. In case of a negative decision of the Commission on recognition of the production activity (technological process) of the applicant as production activity (technological process) related to subsoil use, or refusal of approval by the President of the Republic of Kazakhstan, the authorized body, within 3 (three) working days from the date of receipt of the Commission protocol or the refusal of the President of the Republic of Kazakhstan to approve, shall send the applicant a reasoned refusal to recognize its production activity (technological process) as activity (technological process) related to subsoil use.
11. A refusal to recognize the production activity (technological process) of the applicant as activity (technological process) related to subsoil use may be appealed by the applicant in accordance with the legislation of the Republic of Kazakhstan no later than ten working days from the date of receipt of the notification of refusal to recognize the production activity (technological process) of the applicant as activity (technological process) related to subsoil use.
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| Annex 1 to the Rules for recognition of production activity (technological process) of subjects of industrial- innovative activity as production activity (technological process) related to subsoil use |
List of types of activity (technological process) for recognition of production activity, related to subsoil use
Economy sector | CCEA code | Types of activity according to CCEA |
1 | 2 | 3 |
1. Ferrous metallurgy | 24.10 | Production of pig iron, steel and ferroalloys |
24.20 | Production of pipes, tubes, hollow profiles and fittings of steel | |
24.31 | Cold drawing | |
24.32 | Cold rolling of strips and narrow strips | |
24.33 | Cold stamping or bending | |
24.34 | Production of wire by cold drawing | |
24.51 | Casting of pig iron | |
24.52 | Casting of steel | |
2. Nonferrous metallurgy | 24.41 | Production of precious (noble) metals |
24.42 | Production of aluminium | |
24.43 | Production of lead, zinc and tin | |
24.44 | Production of copper | |
24.45 | Production of other non-ferrous metals | |
24.53 | Casting of light metals | |
24.54 | Casting of other non-ferrous metals | |
3. Agrochemistry | 20.15 | Production of fertilizers and nitrogen-containing compounds |
20.20 | Production of pesticides and other agrochemical products |
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| Annex 2 to the Rules for recognition of production activity (technological process) of subjects of industrial- innovative activity as production activity (technological process) related to subsoil use |
|
| Form |
Passport of industrial-innovative project
Item No. | Name of indicator | Measurement unit | Value | ||
1 | 2 | 3 | 4 | ||
1. | Project type | ||||
1) | New project | yes/no | |||
2) | Modernization of existing production | yes/no | |||
Type of capacity of existing production | |||||
Design capacity of existing production | |||||
2. | Project stage: (select one of the following) | ||||
1) | Implemented | yes/no | |||
2) | Planned | yes/no | |||
3. | Project location: | ||||
1) | Region | ||||
2) | City | ||||
3) | District | ||||
4) | Village | ||||
3. | Code of the Common Classifier of Economic Activities (4-5 digits) | ||||
4. | Implementation period | month, year - month, year | |||
1 | 2 | 3 | 4 | ||
5. | Number of new jobs during the operation period | people | |||
6. | Investments in fixed capital prior to commissioning | million tenge | |||
7. | Name, number and date of the document confirming commissioning (if available) | ||||
8. | Financing structure | ||||
1) | Own funds | million tenge | |||
2) | Borrowed funds (including leasing) | million tenge | |||
3) | Budget funds | million tenge | |||
4) | Other sources | million tenge | |||
9. | Goods and services produced | ||||
1) | Name of the good and service (code of the Foreign Economic Activity Commodity Nomenclature (hereinafter – FEACN code) – 6-10 digits) | ||||
2) | Name of the good and service (FEACN code – 6-10 digits) | ||||
…. | Name of the good and service (FEACN code – 6-10 digits) | ||||
10. | Annual design capacity (for each name of the good and service) | ||||
1) | In physical terms (by measurement units) | measurement unit | |||
2) | In value terms | million tenge | |||
11. | Sales markets | ||||
1) | Domestic market | % | |||
2) | For export (country), indicate separately for each country | % | |||
12. | Information on the project | ||||
1) | Innovativeness | yes/no, brief description | |||
1 | 2 | 3 | 4 | ||
2) | Technology transfer | yes/no, brief description | |||
13. | Production technology (brief description) | ||||
14. | Equipment (name, country, supplier if available) | ||||
15. | Impact on environmental safety and rational use of natural resources of the region | ||||
16. | Short-term and long-term objectives of the project, multiplicative effect both on the region separately and on the economy of the country as a whole | ||||
17. | Risks within the framework of project implementation and factors mitigating risks | ||||
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