Article 20. Competence of the central authorized body for state planning in the field of public-private partnership The Law on Public-Private Partnership

Home / RLA / Article 20. Competence of the central authorized body for state planning in the field of public-private partnership The Law on Public-Private Partnership

 The footnote. Title of Article 20 as amended by the Law of the Republic of Kazakhstan dated 03/15/2025 No. 172-VIII (effective from 01/01/2025).

Central Authorized Body for Budgetary Policy in the field of Public-Private Partnership:

1) implements, within its competence, the state policy in the field of public-private partnership;

2) carries out intersectoral coordination and methodological guidance in the field of public-private partnership;

3) excluded 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);

4) approves the tender (auction) documentation of the public-private partnership project for republican public-private partnership projects, as well as for republican and local public-private partnership projects of particular importance, including when making appropriate changes and (or) additions to it.;

5) develops and approves an approximate list of risks arising at various stages of public-private partnership;

6) develops and approves rules for planning and implementing public-private partnership projects, including issues of planning public-private partnership projects, conducting a tender (auction) and direct negotiations to determine a private partner, monitoring public-private partnership agreements, monitoring and evaluating the implementation of public-private partnership projects;

7) excluded 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);

7-1) coordinates the procedure for determining a private partner and concluding a public-private partnership agreement within the framework of concepts for the development of industries (spheres) and national projects developed by the state body of the relevant industry;

8) develops and approves the rules for the admission of public-private partnership facilities into state ownership;

9) engages the Public-Private Partnership Development Center to evaluate the implementation of public-private partnership projects, assess the business plan for the public-private partnership project during direct negotiations to determine a private partner, and tender (auction) documentation for the public-private partnership project, with the exception of tender documentation approved on the basis of standard tender documentation in as part of a programmatic public-private partnership, including when making appropriate changes and/or additions to them.;

The results of the evaluation of the implementation of public-private partnership projects are published by the central authorized body for state planning on the web portal of public-private partnership, taking into account the restrictions established by the laws of the Republic of Kazakhstan regarding information protection.;

10) maintains a list of unscrupulous potential private partners, formed on the basis of court decisions that have entered into force, and posts this list on its Internet resource;

11) develops and approves criteria for classifying a public-private partnership project as a public-private partnership project of special importance;

11-1) develops and approves a methodology for assessing the socio-economic effectiveness of public-private partnership projects;

11-2) develops and approves a methodology for the allocation and assessment of risks of public-private partnership projects;

11-3) develops and approves a methodology for accounting for conditional government obligations under public-private partnership projects;

11-4) develops and approves the rules for using the public-private partnership web portal;

11-5) carries out accreditation and decides to revoke the certificate of accreditation of legal entities engaged in advisory support of public-private partnership projects, as well as expertise in accordance with subparagraph 8) of Article 25 of this Law;

11-6) develops and approves the rules for the accreditation of persons providing advisory support for public-private partnership projects, as well as expertise in accordance with subparagraph 8) of Article 25 of this Law;

12) performs other functions stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

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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