Unofficial translation
Note of the ILLI!
Shall enter into force on January 1, 2022.
In accordance with paragraph 8-1 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan I HEREBY ORDER:
1. To approve the attached Rules for determining a project as an investment project for the provision of land plots from state ownership.
2. The Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting this order on the Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submitting to the Department of Legal Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan information on the implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph.
3. Control over the implementation of this order shall be assigned to the supervising Deputy Minister of Foreign Affairs of the Republic of Kazakhstan.
4. This order shall enter into force on January 1, 2022 and shall be subject to official publication.
Minister of Foreign Affairs
of the Republic of Kazakhstan M. Tileuberdi
"APPROVED"
by the Ministry of Agriculture
of the Republic of Kazakhstan
"APPROVED"
by the Ministry of National Economy
of the Republic of Kazakhstan
| Approved by order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated December 27, 2021 №. 11-1-4/590 |
Rules for determining a project as an investment project for the provision of land plots from state ownership
Footnote. The rules are in the wording of the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated May 30, 2024, No. 11-1-4/257 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for determining a project as an investment project for the provision of land plots from state ownership (hereinafter - the Rules) have been developed in accordance with paragraph 8-1 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan and shall establish the procedure for determining a project as an investment project for the provision of land plots from state ownership in accordance with subparagraph 1) of paragraph 1 of Article 48 of the Land Code of the Republic of Kazakhstan.
2. The following terms and definitions are used in these Rules:
1) is excluded by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 2, 2024 No. 11-1-4/664 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).2) encumbrance of the right to real estate (hereinafter – legal encumbrance) - any restrictions on the right to real estate that arose in the manner prescribed by the laws of the Republic of Kazakhstan or by agreement of the parties and expressed in the limitation of the right holder’s authority to own, use and (or) dispose of real estate;
3) legal claims – legal facts that indicate a challenge by third parties or the existence of an interest in relation to rights to real estate and transactions with it;
4) investments – all types of property (except for goods intended for personal consumption), including items of financial leasing from the moment of conclusion of the leasing agreement, as well as rights to them, invested by the applicant in the authorized capital of a legal entity or an increase in fixed assets used for entrepreneurial activity, as well as for the implementation of a public-private partnership project, including a concession project;
5) investment project - a set of measures providing for investments in the creation of new, expansion and (or) renewal of existing production of goods, works and services, including the production of goods, works and services created, expanded and (or) renewed during the implementation of a public-private partnership project, including a concession project;
6) financial solvency – sources of funding (own or borrowed funds) indicating the name and number of the document confirming the availability of funds;
7) regional coordinating council - a consultative and advisory body headed by the akim of the region, city of republican significance, capital or his deputy, performing functions in accordance with the Law of the Republic of Kazakhstan "On Special Economic and Industrial Zones" and other functions determined by the legislation of the Republic of Kazakhstan;
8) applicant - a legal entity of the Republic of Kazakhstan implementing a project subject to determining as an investment project and having submitted to the local executive body of the city of republican significance (capital), district (city of regional significance) (hereinafter - the akimat) an application for determining the project as an investment project for the provision of a land plot from state ownership.
Footnote. Paragraph 2 as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 2, 2024 No. 11-1-4/664 (shall enter into force upon expiry of ten calendar days after the date of its first official publication); dated June 16, 2026 No. 11-1-4/328 (shall enter into force on July 7, 2026).Chapter 2. Procedure for determining a project as an investment project for the provision of a land plot from state ownership
3. The determination of a project as an investment project for the provision of land plots from state ownership shall be carried out by the applicant’s authorized representative (with the provision of a document confirming the authority to represent) submitting an application to the Akimat in the form according to Appendix 1 to these Rules, in the Kazakh and Russian languages.
4. The following documents shall be attached to the application:
1) a business plan for a project, developed in accordance with the requirements for drawing up a business plan for a project in accordance with Appendix 2 to these Rules;
2) the project work program in the form in accordance with Appendix 3 to these Rules;
3) an act on determining the cadastral (estimated) value of a land plot in accordance with the form in Appendix 3 to the Rules for the provision of the public service "Determining the cadastral (estimated) value of a land plot", approved by order of the Minister of Agriculture of the Republic of Kazakhstan dated October 1, 2020 No. 301 (registered in the Register of state registration of regulatory legal acts under No. 21366) in the case when the land plot requested under the Rules is located outside the populated area, or in the absence of approved base rates and established boundaries of the populated area;
4) a certificate of state registration (re-registration) of the applicant;
5) a copy of the applicant’s charter (not provided if the applicant carries out activities on the basis of a standard charter);
6) a certificate of the absence (presence) of the applicant’s debt on taxes and other mandatory payments, issued within 5 (five) working days prior to the date of submission of the application to the Akimat;
7) one or more of the following documents confirming the financial solvency of the applicant for the implementation of the investment project:
documents confirming the availability of the applicant’s own funds in bank accounts;
documents confirming the availability of property;
documents confirming ownership of a share in a business or other assets;
documents confirming the company's turnover (revenue) for the last 3 (three) years preceding the date of application, based on financial statements prepared in accordance with international standards and the international standard for small and medium-sized businesses;
documents confirming the availability of a credit line or borrowed funds;
documents confirming the security of fulfillment of obligations (bank guarantee, surety and other documents, in accordance with Article 292 of the Civil Code of the Republic of Kazakhstan).
In the event of submission of an incomplete set of documents in accordance with the list provided for in part one of this paragraph and (or) documents with an expired period of validity, as well as the absence of a document confirming the authority of the applicant’s representative, the akimat, within 2 (two) working days from the date of submission of the documents, shall return them to the applicant without consideration.
The return of documents is not grounds for refusal to consider the application if the applicant reapplies after the reasons for the return of the documents have been eliminated.
Footnote. Paragraph 4 is in the wording of the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 2, 2024 No. 11-1-4/664 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).4-1. The conditions for confirming the applicant's financial solvency for the implementation of an investment project depend on the volume of investment and shall be established as follows:
1) for projects with an investment volume from 150,000 times to 1,000,000 times the monthly calculation indicator established by the law on the republican budget and in effect on January 1 of the relevant financial year - confirmation of financial solvency in the amount of at least 50% of the cost of the projects;
2) for projects with an investment volume from 1,000,000 times to 7,500,000 times the monthly calculation indicator established by the law on the republican budget and in effect on January 1 of the relevant financial year - confirmation of financial solvency in the amount of at least 15% of the project cost;
3) for projects with an investment volume of 7,500,000 times the monthly calculation indicator established by the law on the republican budget and in effect on January 1 of the relevant financial year - confirmation of financial solvency in the amount of at least 5% of the project cost.
Footnote. The Rules have been supplemented with paragraph 4-1 in accordance with the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 2, .2024 No. 11-1-4/664 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).5. The Akimat, within 3 (three) working days from the date of receipt of the application and the documents attached thereto, shall review them for compliance with these Rules, as well as for compliance with the following information:
1) the project is implemented according to the types of activities included in the list of priority types of activities for the implementation of investment projects, approved by the Resolution of the Government of the Republic of Kazakhstan dated January 14, 2016 No. 13 “On certain issues of the implementation of state support for investments”;
2) the amount of funds planned by the applicant for investment in the project is not less than one hundred and fifty thousand times the monthly calculation indicator established by the law on the republican budget and in effect on the date of filing the application;
3) the maximum cadastral value of the requested land plot is no more than 20 (twenty) percent of the volume of investment planned to be made by the applicant in the project;
4) absence of legal claims and encumbrances on real estate rights to the requested land plot;
5) compliance of the category of the requested land plot with the intended purpose specified in the project business plan;
6) the provided land plot is in state ownership, and its provision complies with the current legislation of the Republic of Kazakhstan.
If the application and the documents attached to it comply with these Rules, the Akimat shall send them to the regional coordinating council for approval of the provision of a land plot.
In the event of a discrepancy between the application and the documents attached to it and these Rules, the Akimat shall indicate to the applicant which requirements the application does not meet and shall establish a reasonable timeframe for bringing it into compliance with the requirements.
The Akimat shall return the application and the documents attached thereto if the applicant has not brought it into compliance with the requirements of the legislation of the Republic of Kazakhstan within the time period established by the Akimat.
Returning an application does not prevent from re-applying.
Footnote. Paragraph 5 is in the wording of the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 3, 2025 No. 11-14/195 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).6. The regional coordinating council, within 15 (fifteen) working days from the date of receipt of the application and the documents attached thereto, shall review the submitted materials and send to the akimat a conclusion on approval (hereinafter - a positive conclusion) or refusal to approve the provision of a land plot (hereinafter - a negative conclusion).
The conclusion of the regional coordinating council contains:
1) name of the project and applicant;
2) the type of activity of the applicant;
3) project implementation period;
4) the size (amount) of investments;
5) information about the requested land plot;
6) information on the approval or refusal to approve the provision of a land plot.
In this case, a negative conclusion shall be accepted by the regional coordinating council on the following grounds:
1) non-compliance of the project with the goals, objectives and target indicators of the development plan of the region, city of republican significance, or capital;
2) establishing the unreliability of the documents submitted by the applicant and (or) the data (information) contained therein.
7. In the event of a positive conclusion from the regional coordinating council, the akimat, within 5 (five) working days from the date of its receipt, shall make a decision on determining the project as an investment project for the provision of land plots from state ownership, sending a copy of this decision to the applicant.
In the event of a negative conclusion of the regional coordinating council, the akimat, within 1 (one) business day from the date of its receipt, shall notify the applicant of the preliminary decision to refuse to determine the project as an investment project for the provision of land plots from state ownership, as well as the time, date, place, and method of conducting a hearing to provide the applicant with the opportunity to express a position on the preliminary decision.
Based on the results of the hearing, the akimat shall send the minutes of the hearing and the documents specified in paragraph 5 of these Rules (hereinafter - materials for reconsideration) to the regional coordinating council for reconsideration.
The regional coordinating council, within 3 (three) working days from the date of receipt of materials for reconsideration, shall review them and send a positive or negative conclusion to the akimat.
The Akimat, within 1 (one) business day from the date of receipt of the conclusion of the regional coordinating council, shall make a decision on determining the project as an investment project for the provision of land plots from state ownership, sending a copy of this decision to the applicant, or refuse to determine the project as an investment project for the provision of land plots from state ownership, sending a reasoned written refusal to the applicant.
Footnote. Paragraph 7 is in the wording of the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 3, 2025 No. 11-14/195 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).| Appendix 1 to the Rules for determining a project as an investment project for the provision of land plots from state ownership |
|
| Form | |
| To the Akim of ______________________ region (city of republican significance and the capital), district (city of regional significance), ___________________________ (surname, name, patronymic (if any) From: ________________________ ___________________________, (full name of the legal entity) Business identification number: ___________________________, Contact phone number, address: ____________________________ ____________________________ |
“To the Akim of _________________________________
(city of republican significance (capital),
district (city of regional significance)
______________________________________________
(surname, name, patronymic (if any))
From: ________________________________________,
(full name of the legal entity)
Business identification number: ____________________,
Contact phone number, address: ___________________
Application
Footnote. Appendix is in the wording of the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 2, 2024 No. 11-1-4/664 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).
Please consider the possibility of determining the project
_______________________________________ as an investment one.
(full name of the project)
Project type:
Project purpose:
Required land area:
Attached documents:
1) ____________________________________________________;
2) ____________________________________________________
3) ____________________________________________________;
4) ____________________________________________________;
5) ____________________________________________________;
6) ____________________________________________________;
7) ____________________________________________________.
Date _____________ Signature ___________
| Appendix 2 to the Rules for determining a project as an investment project for the provision of land plots from state ownership |
Requirements for drafting a project business plan
1. The business plan shall consist of the following sections:
1) project summary;
2) technological section;
3) commercial section;
4) socio-economic section.
2. The project summary shall include:
1) information about the legal entity:
foreign participation share with indication of country;
2) information on the project:
name of the project;
project goal;
the nature of the proposed project (creation of new production facilities);
number of jobs created (temporary and permanent);
compliance with regional program documents.
3. The technological section shall include:
1) a description of the project technology, indicating the fixed assets acquired and used, as well as the raw materials and materials imported in the technological process;
2) application of modern technologies in the project, comparison of advantages with alternatives;
3) in accordance with the Methodology for assessing the level of processing of goods for inclusion in the list of priority goods, approved by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated May 20, 2022 No. 273 (registered in the Register of state registration of regulatory legal acts under No. 28242), the following is indicated:
technological complexity of the manufactured product;
export potential;
consumption potential in the domestic market.
4) The commercial section shall include:
1) supply of raw materials, materials and equipment:
a list of the types of raw materials and materials to be used;
a list of the required technological equipment;
the novelty of the technological equipment (date of manufacture and equipment model);
suppliers of technological equipment and raw materials, indicating whether contractual relations with the applicant exist;
2) marketing:
product distribution – in which regions;
3) the presence of solvent demand, the degree of competition in the market.
5. The socio-economic section shall include the economic and social impact of the project on the region:
1) direct result:
expected volume of investments and capital investments in the region;
production capacity (planned volume of products or services in physical terms);
2) planned effect:
planned creation of jobs, including skilled workers and workers with high qualifications (number and names of specialties);
creation of new production relationships by identifying potential local suppliers of raw materials;
3) key result:
the amount of projected tax revenues and other payments to the local budget (in monetary terms);
indication of the possibility of reducing harmful emissions and pollution, compliance with standards.
| Appendix 3 to the Rules for determining a project as an investment project for the provision of land plots from state ownership |
|
| Form |
Project work program
Footnote. Appendix 3 is in the wording of the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated June 16, 2026 No. 11-1-4/328 (shall enter into force on July 1, 2026).
Item No. | Project information | Unit of measurement | In total, during the period of construction and (or) operation of the structures | Breakdown by year (first, second and subsequent years) |
1. | Investments, total | thousand tenge | ||
2. | Construction and (or) operation of structures, total | thousand tenge | ||
3. | Capital expenditures, total | thousand tenge | ||
4. | Operating costs, total | thousand tenge | ||
5. | Indirect costs, total | thousand tenge | ||
6. | Other operating expenses (with breakdown of main items) | thousand tenge | ||
7. | Production and infrastructure facilities and their construction (erection) timeframes, if necessary (if any) | thousand tenge | ||
8. | Total income, total for the project and by product types | thousand tenge | ||
9. | Taxable income | thousand tenge | ||
10. | Net income remaining at the disposal of a legal entity of the Republic of Kazakhstan after payment of taxes | thousand tenge | ||
11. | Total risk insurance | thousand tenge | ||
12. | Annual productivity | applicable unit | ||
Item No. | Project Information | Unit of measurement | In total, during the period of construction and (or) operation of the structures | Breakdown by year (first, second and subsequent years) |
1. | Investments, total | thousand tenge | ||
2. | Construction and (or) operation of structures, total | thousand tenge | ||
3. | Capital expenditures, total | thousand tenge | ||
4. | Operating costs, total | thousand tenge | ||
5. | Indirect costs, total | thousand tenge | ||
6. | Other operating expenses (with breakdown of main items) | thousand tenge | ||
7. | Production and infrastructure facilities and their construction (erection) timeframes, if necessary (if any) | thousand tenge | ||
8. | Total income, total for the project and by product type | thousand tenge | ||
9. | Taxable income | thousand tenge | ||
10. | Net income remaining at the disposal of a legal entity of the Republic of Kazakhstan after payment of taxes | thousand tenge | ||
11. | Total risk insurance | thousand tenge | ||
12. | Annual productivity | applicable unit |
