Article 47. The procedure for planning and concluding contracts aimed at industrial development of the Industrial Policy Act

Home / RLA / Article 47. The procedure for planning and concluding contracts aimed at industrial development of the Industrial Policy Act

1. The authorized body in the field of state stimulation of industry receives annually, by December 10, from:

1) individual quasi-public sector entities have procurement plans (preliminary, annual, long-term) developed and approved in accordance with the legislation of the Republic of Kazakhstan;

2) subsurface users who have the right to extract solid minerals, with the exception of common minerals, annual (for one financial year) and medium-term (for five financial years) purchase programs for goods, works and services, formed in accordance with the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use";

3) natural monopoly entities lists of goods planned for purchase for the upcoming financial year or long-term period, compiled in accordance with the rules for the conduct of activities by natural monopoly entities, approved in accordance with the Law of the Republic of Kazakhstan "On Natural Monopolies";

4) strategic enterprises have plans for purchasing goods for the upcoming fiscal year or long-term period.

2. The procurement plans (programs, lists of goods) of major customers specified in paragraph 1 of this article shall be submitted in the year preceding the first year of procurement.

3. The procurement plans (programs, lists of goods) specified in paragraph 1 of this Article provide for a list of goods planned for purchase, with the exception of goods purchased on the domestic market or goods of foreign origin that are subject to warranty obligations.

4. The authorized body in the field of state stimulation of industry, with the involvement of the National Institute for Development in the field of development of domestic value, shall, within thirty calendar days, review procurement plans (programs, lists of goods) of major customers for compliance with the exceptions specified in paragraph 3 of this Article.

The authorized body in the field of state stimulation of industry, in case of detection of inconsistencies with the requirements specified in paragraph 3 of this article, sends a notification to large customers indicating comments on procurement plans (programs, lists of goods).

Large customers, within five working days from the date of receipt of the notification of the authorized body in the field of state stimulation of industry, make changes to their procurement plans (programs, lists of goods) specified in paragraph 1 of this article and re-send them to the authorized body in the field of state stimulation of industry.

At the same time, the deadline for approval of procurement plans (programs, lists of goods) of large customers by the authorized body in the field of state stimulation of industry should not exceed ten working days.

5. The agreed list of goods planned for purchase shall be placed in the register of goods, works and services used in conducting subsurface use operations and their manufacturers by February 1.

6. Manufacturing enterprises interested in concluding contracts aimed at the development of industry shall submit an application to the register of goods, works and services used in conducting subsurface use operations, their manufacturers for the conclusion of offtake contracts in accordance with Article 48 of this Law and guaranteed purchase contracts in accordance with Article 48-1 of this Law within a period not exceeding thirty calendar days after the publication of the list of goods planned for purchase in the register of goods, works and services, used in conducting subsurface use operations, their manufacturers.

7. Large customers consider applications from manufacturing enterprises and conclude offtake contracts or guaranteed purchase agreements within no more than thirty calendar days from the deadline for submitting applications in accordance with the rules for planning and concluding contracts aimed at industrial development, as well as monitoring their execution.

8. After the conclusion of contracts aimed at the development of industry, a major customer has the right to conduct laboratory and (or) industrial tests of a pilot batch of goods of a manufacturing enterprise.

Laboratory and (or) industrial tests of a pilot batch of goods of a manufacturing enterprise are carried out on the basis of technical characteristics, physical and (or) chemical properties, and complete set of goods provided by a large customer before concluding an agreement aimed at industrial development.

In case of positive results of laboratory and (or) industrial tests of a pilot batch of goods of a manufacturing enterprise, a batch of this product is delivered. If negative results of laboratory and (or) industrial tests of a pilot batch of goods of a manufacturing enterprise are obtained, the contract aimed at industrial development is considered unfulfilled due to the fault of the manufacturing enterprise and is subject to termination.

Until the moment of delivery of the goods under contracts aimed at the development of industry, large customers can purchase the goods in accordance with the legislation of the Republic of Kazakhstan.

The provision of additional technical characteristics, physical and (or) chemical properties, and requirements for the complete set of goods after signing an agreement aimed at the development of industry is prohibited.

This Law establishes the fundamental principles of industrial policy and regulates public relations that arise during the formation and implementation of industrial policy.

President

Republic of Kazakhstan

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