Article 10. Planning and implementation of a public-private partnership project The Law on Public-Private Partnership

Home / RLA / Article 10. Planning and implementation of a public-private partnership project The Law on Public-Private Partnership

 The footnote. The title of Article 10 is as amended by the Law of the Republic of Kazakhstan dated 12/30/2022 No. 177-VII (effective ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 03/15/2025 No. 172-VIII (effective from 01/01/2025).

1. A public-private partnership project can be implemented on the basis of a public initiative or a private initiative by going through the following successive stages:

1) planning, including:

within the framework of the implementation of a state initiative – the development of an investment proposal and tender (auction) documentation or the approval of tender (auction) documentation based on standard tender (auction) documentation; or

as part of a private initiative, the development of an information sheet for competitive (auction) documentation on projects aimed at solving socio–economic problems determined by the needs included in the list compiled and published by the central authorized state body of the relevant industry or the local executive body in accordance with the procedure established by this Law; or

as part of a private initiative to conduct direct negotiations to identify a private partner, the development of a business plan;

2) the definition of a private partner in accordance with Article 31 of this Law;

3) conclusion of a public-private partnership agreement;

4) fulfillment by the parties of the terms of the public-private partnership agreement.

1-1. Excluded by the Law of the Republic of Kazakhstan dated 07/14/2022 No. 141-VII (effective from 01/01/2023).

2. The public-private partnership project is considered completed after the parties to the public-private partnership agreement have fulfilled all their obligations.

3. The assessment is carried out for all ongoing public-private partnership projects, the implementation period of which is more than one calendar year as of the date of submission of information on monitoring the implementation of the public-private partnership project, as well as for public-private partnership projects that were completed or terminated during the reporting year.

4. The evaluation of the implementation of public-private partnership projects results in a report containing recommendations for improving the quality of public-private partnership project management.

5. The results of the evaluation of the implementation of public-private partnership projects are sent by the Public-Private Partnership Development Center to the central authorized body for budgetary policy.

6. The Central Authorized Body for Budgetary Policy, from the moment of receipt of the report of the Center for the Development of Public-Private Partnership, sends it to the following interested parties:

to the authorized body for state property management;

to local executive bodies of regions, cities of republican significance and the capital for public-private partnership facilities related to communal property;

to branch central government agencies;

for republican public-private partnership projects, to the central authorized body for budget execution.

The Law of the Republic of Kazakhstan dated October 31, 2015 No. 379-V SAM.

This Law defines the legal conditions of a public-private partnership, its methods of implementation and regulates public relations arising in the process of preparing and implementing a public-private partnership project, concluding, executing and terminating a public-private partnership agreement.

President

Republic of Kazakhstan

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