On approval of the Rules of the competition for the right of certification and the standard form of the contract for the right of certification of specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition

Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated May 29, 2026 No. 273. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 1, 2026 No. 38857

 In accordance with sub-paragraphs 40) and 42) of Article 24 of the Building Code of the Republic of Kazakhstan, I ORDER:

     1. To approve the attached Rules of the competition for the right of certification and the standard form of the contract for the right of certification of specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition.

     2. The Committee on Construction and Housing and Communal Services of the Ministry of Industry and Construction of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:

     1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

     2) posting of this order on the Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan after its official publication.

     3. Control over the execution of this order is entrusted to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.

     4. This order will enter into force on July 1, 2026 and is subject to official publication.

Minister of Industry and Construction of the Republic of Kazakhstan

E. Nagaspayev

     "APPROVED" by the Ministry of Science of Higher Education of the Republic of Kazakhstan

     "APPROVED" by the Ministry of Labor and Social Protection of the Republic of Kazakhstan

     "APPROVED" by the Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan

     "APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan

Approved by the Order of the Minister of Industry and Construction of the Republic of Kazakhstan on May 29, 2026 No. 273

The rules of the competition for the right of certification and the standard form of the contract for the right of certification of specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition

Chapter 1. General provisions

     1. These are the Rules of the competition for the right of certification and the standard form of the contract for the right of certification of specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition (hereinafter - The Rules) have been developed in accordance with sub-paragraphs 40) and 42) of Article 24 of the Construction Code of the Republic of Kazakhstan and determine the procedure for conducting a competition for the right to certification and the standard form of a contract for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition.

     2. The basic concepts used in these Rules:

     1) the competition commission is a collegial body established by the department of the authorized body for architecture, urban planning and construction to conduct a competition for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities;

     2) the participant of the competition is a legal entity in the form of an association of individuals and (or) legal entities intending to certify specialists (experts) in the field of architectural, urban planning and construction activities and has submitted an application for participation in the competition in accordance with the requirements set forth in these Rules.;

     3) authorized body – the central executive body responsible for the management, as well as, within its competence, inter-sectoral coordination in the field of public administration of architectural, urban planning and construction activities.

Chapter 2. The procedure for conducting a competition for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities

     3. The competition procedure includes the following stages::

     1) placement by the authorized body of an announcement on the beginning of acceptance of applications and documents for the right to certification;

     2) submission by a legal entity in the form of an association of individuals and (or) legal entities of an application for participation in the competition in accordance with Annex 1 to these Rules, accompanied by a package of documents confirming compliance with the qualification requirements provided for in Annex 2 to these Rules;

     3) consideration of submitted applications and documents by the commission;

     4) adoption by the authorized body of a decision on the winner of the competition;

     5) conclusion of an agreement with the winner of the competition in accordance with Annex 3 to these Rules.

     4. Legal entities in the form of associations of individuals and (or) legal entities, within 10 (ten) business days from the date of publication of the announcement, submit to the authorized body a package of documents provided for in subparagraph 2) of paragraph 3 of these Rules.

     5. The bidder's application cannot be considered in cases where:

     1) the submitted documents do not comply with the requirements of subparagraph 2) of paragraph 3 of these Rules;

     2) the participant of the competition does not carry out activities to protect the interests of its members;

     3) the participant submitted the documents after the deadline for accepting applications.

     6. In case of absence of applications at the end of the deadline for receiving documents, the authorized body shall re-publish the announcement within 10 (ten) business days.

     The contest participants, within 10 (ten) business days from the date of the re-publication of the announcement, submit a package of documents provided for in subparagraph 2) of paragraph 5 of these Rules.

     If there are no applications at the end of the deadline for accepting documents, an announcement about the failed competition will be published on the official Internet resource of the authorized body within 5 (five) business days due to the lack of applications for participation in the competition.

     7. The materials submitted by the contest participants are reviewed by the commission, which determines the winner.

     The competition commission consists of the chairman, the vice-chairman and the members of the commission.

     The composition of the competition commission is approved by the first head of the department of the authorized body and consists of an odd number, but not less than five people.

     Meetings of the competition commission are considered valid with the participation of at least two thirds of its members (quorum).

     The decision of the competition commission is made by an open vote, by a majority vote of the total number of commission members.

     The decision of the competition commission is formalized by a protocol, which is signed by all the members of the commission present.

     8. The deadline for reviewing documents and making a decision on the winner of the competition is 15 (fifteen) business days from the deadline for accepting applications.

     9. The decision on the winner of the competition is approved by the order of the first head of the department of the authorized body.

     10. An agreement is concluded with the winner of the competition within 5 (five) business days from the date of the decision on the winner of the competition for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities for a period of 3 (three) years in accordance with Annex 3 to these Rules.

     11. Consideration of a complaint regarding the activities of the competition commission is carried out by a higher administrative body (hereinafter referred to as the body reviewing the complaint).

     The complaint is submitted to the department of the authorized body.

     In accordance with paragraph 4 of Article 91 of the Administrative Procedural Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC RK), the department of the authorized body, no later than three working days from the date of receipt of the complaint, shall forward it and the administrative case to the body considering the complaint.

     The complaint by the department of the authorized body is not sent to the body considering the complaint (a higher administrative body and (or) an official) if a favorable act or administrative action is taken within 3 (three) working days that fully satisfies the requirements specified in the complaint.

     The body reviewing the complaint in accordance with Article 73 of the CPC of the Republic of Kazakhstan shall notify the contestant who filed the complaint of the preliminary decision, as well as the time and place (method) of the hearing, at least 3 (three) business days before the end of the complaint review period, as well as the time and place (method) of the hearing for the opportunity to express a position on the preliminary decision.

     The hearing is held no later than 2 (two) business days from the date of notification.

     An appeal to the court is allowed after a pre-trial appeal in accordance with paragraph 5 of Article 91 of the CPC RK.

Appendix 1 to the Rules of the competition for the right to certify the standard form of the contract for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition

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In _________________________( full name of the authorized body)

Application for participation in the competition

I ask you to grant the right to certify specialists (experts) in the field of architectural, Urban planning and construction activities as a certification center_________________________________________________________________( full name of the legal entity)for the following type of activity (please underline):design;construction and installation works;technical supervision; author's supervision;survey activities;technical inspection of reliability and stability of buildings and structures; development and (or) examination of construction projects; Inventory of attached documents:________________________________________________________________Contact information data:________________________________________________________________(email address, work and cell phones)Date "____" ______________20__ G.Head of the organization:________________________________________________________________(last name, first name, patronymic (if any) and signature)

Appendix 2 to the Rules of the competition for the right to certify the standard form of the contract for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities, as well as qualification requirements for the participants of the competition

Qualification requirements for the participants of the competition for the right to certify specialists (experts) in the field of architectural, urban planning and construction activities

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The standard form of the contract for the right of certification of specialists (experts) in the field of architectural, urban planning and construction activities

     g. _________ "__" __________ 20__ This is a valid contract for the right to certify specialists (experts) in the field of architecture, urban planning and construction activities (hereinafter referred to as – Agreement)it was concluded between the department of the authorized body in the field of architecture, urban planning and construction, hereinafter referred to as the "Authorized Body", represented by ___________________________________________________________, acting on the basis of _______________________________________________, on the one hand, and________________________________________________________, hereinafter referred to as the "Certification Authority", represented by _______________________, acting on the basis of ________________________________________________, on the other hand, hereinafter referred to as the Parties, taking into account, that:1) The Authorized Body is endowed with rights directly related to the conclusion and control over the execution of this Agreement; 2) The Parties have agreed that the Agreement will regulate their mutual rights and obligations in the implementation of its terms, and have concluded this Agreement as follows.

Chapter 1. Subject of the agreement

     1. The subject of this Agreement is to grant the right to certify specialists (experts) in the field of architectural, urban planning and construction activities.

Chapter 2. Obligations and rights of the parties

     2. The certification Body undertakes to:

     1) to certify specialists (experts) in the field of architectural, urban planning and construction activities in accordance with the procedure determined by the authorized body for architecture, urban planning and construction;

     2) issue a certificate of a specialist (expert) in the field of architectural, urban planning and construction activities with data entry in the register of certified specialists (experts) in the field of architectural, urban planning and construction activities;

     3) develop and approve the procedure for internal control (monitoring) over the activities of certified specialists (experts) in the field of architectural, urban planning and construction activities in coordination with the authorized body for architecture, urban planning and construction;

     4) approve the schedule of professional development for certified specialists (experts) in the field of architecture, urban planning and construction activities;

     5) enter information in the register of certified specialists (experts) in the field of architectural, urban planning and construction activities on violations identified by certified specialists (experts) in the field of architectural, urban planning and construction activities from the moment the violation is detected and notify the authorized body for architecture, urban planning and construction;

     6) take measures against a certified specialist (expert) for violations of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, including termination of the certificate;

     7) monitor the activities of certified specialists (experts) in the field of architectural, urban planning and construction activities;

     8) perform other duties stipulated by the laws of the Republic of Kazakhstan.

     3. The authorized body undertakes to:

     1) to monitor the performance of this Agreement.

     4. The certification body has the right:

     1) participate in the work on improving regulatory legal acts related to the certification of specialists (experts) by submitting proposals to government agencies;

     2) to represent and protect the rights and legitimate interests of certified specialists (experts) in the field of architectural, urban planning and construction activities;

     3) exercise other rights stipulated by the laws of the Republic of Kazakhstan.

     5. The authorized body has the right to:

     1) request the necessary information on the execution of the Contract;

     2) carry out on-site inspections in order to monitor compliance with the requirements established by this Agreement.

Chapter 3. Liability of the parties

     6. The Parties are responsible for non-fulfillment or improper fulfillment of the Agreement in accordance with this Agreement.

     7. In case of non-fulfillment or improper fulfillment of the Contract, the Authorized Body sends a written notification to the Certification Center about the need to eliminate violations, indicating the violations identified.

     Violations are eliminated by the Certification Body within one month from the date of receipt of the notification.

     8. The Parties have the right to terminate this Agreement prematurely.:

     1) by agreement of the Parties;

     2) if the Certification Body fails to eliminate the identified violations in accordance with paragraph 7 of this Agreement within the period specified in the notification unilaterally on the initiative of the Authorized Body;

     3) the presence of force majeure circumstances.

     9. The authorized body has the right to terminate this Agreement unilaterally by notifying the Certification Body in writing 30 (thirty) business days before the expected date of termination of the Agreement in the following cases::

     1) non-fulfillment or improper fulfillment by the Certification Body of its obligations under the Agreement;

     2) failure to eliminate violations caused by non-fulfillment or improper fulfillment by the Certification Body of its obligations under the Agreement within the time period specified in the notification of the Authorized Body on such violations.

     10. In case of non-fulfillment or improper fulfillment by the Authorized Body of its obligations under the Agreement, the Certification Center has the right to terminate this Agreement unilaterally by notifying the Authorized Body in writing 30 (thirty) business days before the date of termination of the Agreement.

Chapter 4. The Irresistible Force

     11. Neither Party is responsible for non-fulfillment of any obligations under the Agreement if such non-fulfillment or delay in fulfillment is caused by force majeure circumstances.

     12. Force majeure circumstances include military conflicts, natural disasters, natural disasters (fires, major accidents, disruption of communications, etc.), and other extraordinary and unavoidable events.

     13. In case of force majeure circumstances, the Party affected by them, within 15 (fifteen) business days from the date of their occurrence, notifies the other party by handing over a written notice indicating the date of the beginning of the event and a description of the circumstances of force majeure.

     14. In the event of force majeure circumstances, the parties shall immediately negotiate to find a solution to the situation and use all means to minimize the consequences of such circumstances.

Chapter 5. Confidentiality

     15. The Parties observe confidentiality conditions for all documents, information and reports related to the work on the implementation of this Agreement during its validity period.

     16. Neither party, without obtaining the written consent of the other party, has the right to disclose information related to the content of the Agreement, or other information considered confidential and related to the implementation of the provisions of this Agreement, except in the following cases::

     1) when information is used in the course of judicial proceedings;

     2) when information is provided to a bank or other financial institution from which the party receives financial resources under the agreement, provided that such bank or financial institution undertakes to comply with the conditions of confidentiality of such information.;

     3) when information is provided to tax or other authorized state bodies of the Republic of Kazakhstan that have access to any information, including bank secrecy, related to any bank accounts of the Certification Authority, including those opened in foreign banks outside the Republic of Kazakhstan.

Chapter 6. Dispute settlement

     17. Any dispute between the parties regarding the interpretation or application of this Agreement is resolved through consultations and negotiations.

     18. Unresolved disputes are resolved in court.

Chapter 7. Final Provisions, entry into force and termination of the Agreement

     20. This Agreement is concluded for a period of 3 (three) years without the possibility of prolongation and is valid until "___" _________ 20__ of the year.

     21. Done in ______ "___" ____________ ______ in two copies, each in Kazakh and Russian, having the same legal force, 1 (one) copy for each of the parties. If there is disagreement in the interpretation of the provisions of this Agreement, the parties shall refer to the text in Russian.

Authorized body________________________

Certification Authority_____________________________ 

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