On approval of the rules for the provision of public services by the Ministry of Energy of the Republic of Kazakhstan in the field of subsoil use

Order of the Minister of Energy of the Republic of Kazakhstan dated May 29, 2020 No. 214. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 29, 2020 No. 20776.

      Unofficial translation

      In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", I DECREE:

      Footnote. Preamble - as amended by Order No. 281 of the Minister of Energy of the Republic of Kazakhstan dated August 31, 2021 (shall be enforced sixty calendar days after the day of its first official publication).

      1. To approve:

      1) the rules for the provision of the public service of the Ministry of Energy of the Republic of Kazakhstan "Transfer of the right to subsoil use and (or) objects related to the right to subsoil use" in accordance with Appendix 1 to this order;"

      2) regulations provision of the state service of the Ministry of Energy of the Republic of Kazakhstan "Conclusion (signing) of contracts for subsoil use for hydrocarbons and uranium mining" in accordance with Appendix 2 to this order;

      3) regulations provision of public services of the Ministry of Energy of the Republic of Kazakhstan "Conclusion (signing) of additional agreements to contracts for subsoil use for hydrocarbons and uranium mining" in accordance with Appendix 3 to this order.

      Footnote. Clause 1 as amended by Order No. 281 of the Minister of Energy of the Republic of Kazakhstan dated August 31, 2021 (shall be enforced sixty calendar days after the day of its first official publication).

      2. The Department of Subsoil Use of the Ministry of Energy 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 with the Ministry of Justice of the Republic of Kazakhstan;

      2) posting this order on the Internet resource of the Ministry of Energy 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, submission to the Department of Legal Service of the Ministry of Energy 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 execution of this order shall be entrusted to the supervising Vice Minister of Energy of the Republic of Kazakhstan.

      4. This order shall be enforced upon the expiration of twenty one calendar days after the day of its first official publication.

      Energy Minister of the
Republic of Kazakhstan
N. Nogaev

      "AGREED"
Ministry of Industry and
infrastructure development
Republic of Kazakhstan

      "AGREED"
The national
security of the Republic of Kazakhstan

      "AGREED"
Ministry of Digital
development, innovation and aerospace
Republic of Kazakhstan

  Appendix 1
to the order of the
Minister of Energy of the
Republic of Kazakhstan dated
May 29, 2020 No. 214

Rules for the provision of public services of the Ministry of Energy of the Republic of Kazakhstan "Transfer of the right to subsoil use and (or) objects associated with the right to subsoil use"

      Footnote. The rules are as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated August 31, 2021 No. 281 (shall be enforced sixty calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for the provision of public services of the Ministry of Energy of the Republic of Kazakhstan "Transfer of the right to subsoil use and (or) objects related to the right to subsoil use" (hereinafter referred to as the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter - Law) and determine the procedure for the provision of the state service of the Ministry of Energy of the Republic of Kazakhstan "Transfer of the right to subsoil use and (or) objects related to the right to subsoil use" (hereinafter referred to as the public service).

      2. The following basic concepts are used in these Rules:

      1) service recipient is individuals and legal entities, with the exception of central state bodies, foreign missions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts;

      2) service provider is central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts, as well as physical and legal persons providing public services in accordance with the legislation of the Republic of Kazakhstan;

      3) public service is one of the forms of implementation of certain state functions, carried out individually at the request or without the request of service recipients and aimed at realizing their rights, freedoms and legitimate interests, providing them with appropriate material or intangible benefits;

      4) "electronic government" web portal is an information system that is a single window for access to all consolidated government information, including the regulatory legal framework, and to electronic public services.

Chapter 2. The procedure for the provision of public services

      3. The public service is provided by the Ministry of Energy of the Republic of Kazakhstan (hereinafter referred to as the service provider).

      4. The list of basic requirements for the provision of public services through the web portal of "electronic government", including the characteristics of the process, the form, content and result of the provision, the grounds for refusing to provide public services, as well as other information, taking into account the specifics of the provision of public services, are set out in the Standard public service "Standard of the public service" Transfer of the right to subsoil use and (or) objects related to the right to subsoil use "(hereinafter referred to as the Standard) in accordance with Appendix 1 to these Rules.

      In order to receive a public service for the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right, the service recipient sends to the service provider through the e-government web portal an application in accordance with Appendix 2 to these Rules, attaching the necessary documents specified in paragraph 1 of the Standard of these Rules.

      An application for issuing a permit to issue shares and other securities that are objects associated with the right to subsoil use for circulation on the organized securities market is filled out in accordance with Appendix 3 to these Rules, attaching the necessary documents specified in paragraph 8 of the Standard of these Rules.

      An application for issuing permission to issue shares or other securities that are objects associated with the right to subsoil use for circulation on the organized securities market in the event of their placement as part of an additional issue (release) is submitted by the issuer in accordance with Appendix 3 to these Rules.

      In cases where the issuance into circulation on the organized securities market is made by the holder of these shares or other securities, the application shall be submitted by such holder.

      5. In accordance with paragraph 5 of Article 45 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter referred to as the Code), all documents attached to the application specified in paragraph 8 of the Standard of these Rules must be drawn up in the state and Russian languages. If the application is submitted by a foreigner or a foreign legal entity, such documents may also be drawn up in another language with the obligatory attachment to each document of an electronic copy of the translation into Kazakh and Russian, the accuracy of which is certified by a notary.

      6. On the day the application is received by the service provider, it is accepted and forwarded to the responsible executor of the service provider.

      7. Confirmation of the acceptance of the package of documents is the assignment of the application number in the "electronic government" web portal and the notification of acceptance of the application sent to the e-mail address of the service recipient specified when submitting the application.

      When the service recipient contacts after the end of working hours, on weekends and holidays, the acceptance of applications and the issuance of the results of the provision of public services is carried out on the next business day.

      8. The responsible executor of the service provider checks the completeness of the submitted documents within 5 (five) business days from the date of registration of the application;

      If the service recipient submits an incomplete package of documents, the responsible executor of the service provider, within the period specified in part one of this paragraph, sends a reasoned refusal to further consider the application in the form, in accordance with Appendix 4 to these Rules.

      If the service recipient provides a complete package of documents, the responsible executor of the service provider, within the period specified in part one of this paragraph, submits them for consideration by the expert commission on subsoil use issues (hereinafter referred to as the expert commission).

      The Expert Commission is a consultative and advisory body under the Service Provider in order to develop recommendations when considering applications for issuing a permit to transfer the subsoil use right and (or) objects related to the subsoil use right.

      9. If an application for issuing a permit to transfer the subsoil use right and (or) objects associated with the subsoil use right is filed in relation to the subsoil use right in a subsoil plot that is a strategic subsoil plot, or if the proposed transfer of the subsoil use right and (or) objects associated with subsoil use right, in the relevant subsoil area affects the interests of national security, the service provider, within 5 (five) working days from the date of receipt of such an application and the documents attached to it, sends them to the national security authorities to consider the transfer of the subsoil use right (share in the subsoil use right) and ( or) facilities associated with the right to subsoil use, for compliance with national security requirements.

      If the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right affects the interests of national security, the national security authorities notify the service provider about this within 10 (ten) working days from the date of receipt of the application. In this case, the service provider suspends consideration of the application until it receives confirmation from the national security authorities on the compliance of the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right with the requirements of national security. The service provider, within 5 (five) working days from the date of receipt of the notification from the national security authorities, notifies the applicant of such suspension.

      The service provider resumes consideration of the application after receiving confirmation from the national security authorities.

      10. The expert commission considers the documents specified in clause 8 of the Standard of these Rules within no more than 10 (ten) business days, and for large deposits and strategic subsoil areas - no more than 40 (forty) business days.

      In accordance with paragraph 6 of Article 45 of the Code, in order to comprehensively and fully consider the application, the service provider has the right to request from the service recipient additional information and (or) documents necessary for the development of recommendations.

      If additional information and (or) documents are requested, the terms for consideration of the relevant application are suspended for the period until such information and (or) documents are submitted.

      11. The service provider within 5 (five) business days from the date of receipt of the recommendation of the expert commission on subsoil use issues makes a positive decision on the application.

      In case of revealing grounds for refusal to provide a public service on the grounds specified in paragraph 9 of the Standard of these Rules, the service provider no later than 3 (three) business days before the end of the term for the provision of public services in accordance with Article 73 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan (hereinafter - APPC RK) sends to the service recipient a notice of the preliminary decision to refuse to provide public services, as well as the time and place of the hearing so that the service recipient can express its position on the preliminary decision.

      The hearing procedure is carried out in accordance with Article 73 of the APPC RK.

      Based on the results of the hearing, the service provider makes the following decisions:

      1) issues a permit for the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right;

      2) issues permission to issue shares and other securities, which are objects associated with the right to subsoil use, for circulation on the organized securities market;

      3) issues a reasoned refusal to provide public services in the form, in accordance with Appendix 4 to these Rules in the cases specified in paragraph 9 of the Standard .

Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services

      12. To appeal against decisions, actions (inactions) of the service provider and (or) its officials on the provision of public services, the complaint is filed no later than 3 (three) months from the date when the service recipient became aware of the adoption of an administrative act or the commission of actions (inactions) by the service provider:

      to the body considering the complaint (superior administrative body and (or) official);

      to the authorized body for assessing and monitoring the quality of the provision of public services;

      in the name of the management of the service provider directly providing the public service.

      The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:

      a service provider directly providing a public service within 5 (five) working days from the date of its registration;

      by the authorized body for assessing and monitoring the quality of the provision of public services within 15 (fifteen) working days from the date of its registration.

      The term for considering a complaint by a service provider, an authorized body for assessing and monitoring the quality of public services in accordance with paragraph 4 of Article 25 of the Law is extended by no more than 10 (ten) working days if necessary:

      1) conducting an additional study or inspection on the basis of a complaint or an on-site inspection;

      2) obtaining additional information.

      In the event of an extension of the term for considering a complaint, the official authorized to consider complaints, within 3 (three) working days from the date of the extension of the term for considering a complaint, informs in electronic form (when filing a complaint in electronic form) the applicant who filed the complaint about the extension of the term for considering complaints stating the reasons for the extension.

      If a complaint is received in accordance with paragraph 4 of Article 91 of the APPC RK, the service provider sends it to the body considering the complaint within 3 (three) business days from the date of its receipt. The complaint is not sent by the service provider to the body considering the complaint in the event of the adoption of a favorable act, the performance of an administrative action that fully satisfies the requirements specified in the complaint.

      The term for consideration of a complaint by the body considering the complaint is 20 (twenty) working days from the date of receipt of the complaint.

      13. In case of disagreement with the decision of the body considering the complaint, the service recipient applies to another body considering the complaint or to the court in accordance with paragraph 6 of Article 100 of the APPC RK.

  Appendix 1
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Transfer of the right
to subsoil use and objects related
to the right to subsoil use"

State service standard
"Transfer of the right to subsoil use and (or) objects associated with the right to subsoil use"

1.

Name of the service provider

Ministry of Energy of the Republic of Kazakhstan.

2.

Ways to provide public services (access channels)

Acceptance of documents and issuance of the results of the provision of public services is carried out in electronic (fully automated) form through the web portal of "electronic government".

3.

The term for the provision of public services

Within 20 (twenty) business days, and for large deposits and strategic subsoil areas - within 60 (sixty) business days from the date of receipt of the application and the documents attached to it.

4.

Form of provision of public services

Electronic (fully automated).

5.

The result of the provision of public services

Issuance of permission to transfer the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right.
Issuance of permission to issue shares and other securities, which are objects associated with the right to subsoil use, for circulation on the organized securities market.
Reasoned refusal to provide public services.

6.

The amount of payment charged from the service recipient in the provision of public services, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided to the service recipient free of charge.

7.

Schedule

1) service provider - from Monday to Friday, in accordance with the established work schedule from 9:00 to 18:30, except for weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015 with a lunch break from 13:00 hours until 2:30 pm.
2) the web portal of "electronic government" - around the clock, except for technical breaks due to repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan, acceptance of applications and issuance of the results of the provision of public services carried out the next business day).

8.

List of documents and information required for the provision of public services

To receive a public service, the service recipient fills out an application on the e-government web portal with electronic copies of notarized documents confirming the information specified in the application:
An application for issuing a permit to transfer the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right is filled out in accordance with Appendix 2 to these Rules:
The following information and documents are attached to the application:
1) information about the person (organization) that has (has) the intention to acquire the right to subsoil use (share in the right to subsoil use) and (or) objects associated with the right to subsoil use:
for individuals - the surname, name and report (if it is indicated in the identity document) of the acquirer, place of residence, citizenship, information about identity documents);
for legal entities - the name of the acquirer, its location, an indication of its state affiliation, information about state registration as a legal entity, information about managers and their powers, information about persons, organizations and states that have the ability to directly or indirectly determine decisions taken the applicant;
2) an indication of the acquired subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right;
3) the basis for the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right;
4) information about the financial and technical capabilities of a person who intends to acquire the right to subsoil use (share in the right to subsoil use) to conduct exploration and (or) production of hydrocarbons, uranium production, confirming its compliance with the requirements of the Code of the Republic of Kazakhstan "On subsoil and subsoil use" (hereinafter referred to as the Code), presented upon granting such a subsoil use right (not required in case of transfer of objects associated with the subsoil use right);
5) confirmation of the applicant that all information about him, specified in the application and the documents attached to it, are reliable;
6) last name, first name and patronymic (if it is indicated in the identity document) of the person who signed the application on behalf of the applicant, information about the identity document.
If the provisions of Article 43 of the Code on the Priority Right of the State are applied, in addition to the information provided for in subparagraphs 1) - 6), the application for a permit must additionally contain information about the price of the transaction for the transfer of the subsoil use right (share in the subsoil use right) and (or) objects related with the right to subsoil use and on the procedure for its payment.
An application for issuing a permit to issue shares and other securities that are objects associated with the right to subsoil use for circulation on the organized securities market is filled out in accordance with Appendix 3 to these Rules:
1) the full name of the issuing organization whose shares or other securities, which are objects associated with the right to subsoil use, are subject to release into circulation on the organized securities market;
2) an indication of a subsoil plot to which shares or other securities related to it belong, subject to release into circulation on an organized securities market;
3) information on the amount of the authorized capital of the issuing organization whose shares or other securities, which are objects associated with the right to subsoil use, are subject to release into circulation on the organized securities market;
4) information (type and total number) on securities, including derivative securities of the organization, their underlying assets or other forms of equity participation, which are objects associated with the right to subsoil use and are subject to release into circulation on the organized securities market;
5) information about the underwriter (if any);
6) information about the organized securities market where the listing will be carried out;
7) information on the number of shares or other securities that are objects associated with the right to subsoil use and are subject to release into circulation on the organized securities market;
8) a written confirmation of the applicant that all information about him specified in the application and the documents attached to it are reliable;
9) last name, first name, patronymic (if any), date, information about the identity document of the person who signed the application.
An application for issuing permission to issue shares or other securities that are objects associated with the right to subsoil use for circulation on the organized securities market in the event of their placement as part of an additional issue (release) is submitted by the issuer.
In cases where the issuance into circulation on the organized securities market is made by the holder of these shares or other securities, the application shall be submitted by such holder.

9.

Grounds for refusal to provide public services, established by the legislation of the Republic of Kazakhstan

In accordance with paragraph 10 of Article 45 of the Code, the service provider refuses to issue a permit in the following cases:
1) if the transfer of the right to subsoil use (share in the right to subsoil use) and (or) objects associated with the right to subsoil use will result in non-compliance with the requirements for ensuring the national security of the country, including the concentration of subsoil use rights; 2) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right will result in the concentration of rights under the subsoil use contract;
3) if the application for a permit does not comply with the requirements of the Code;
4) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right is prohibited by the Code ;
5) if the transfer of the subsoil use right (share in the subsoil use right) is carried out for a subsoil plot where the subsoil user is prohibited from conducting subsoil use operations or certain types of work in accordance with the imposed administrative penalty;
6) implementation by the state of the priority right;
7) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects associated with the subsoil use right does not comply with the provisions of international agreements concluded by the Republic of Kazakhstan.

10.

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through the State Corporation

The service recipient has the opportunity to receive public services in electronic form through the "electronic government" web portal, subject to the availability of an EDS.
The service recipient has the opportunity to obtain information on the procedure for the provision of public services at the help desk of the Unified Contact Center for the provision of public services: 1414.

  Appendix 2
to the rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Transfer of the right
to subsoil use and (or) objects
related to the right to subsoil use"
  The form
  At _____________________
(full name of the service provider)

Application for issuance of a permit to transfer the subsoil use right
(share in the subsoil use right) and (or) objects associated with the subsoil use right

      I request permission to _____________________________________________.

      1. Information about the person (organization) that has (has) the intention to acquire the subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right: ___________________________;

      for individuals (last name, first name and patronymic (if it is indicated in the document, identity document) of the acquirer, place of residence, citizenship, information about identity documents);

      ____________________________________________________________________;

      information about persons, organizations and states that have the ability to directly or indirectly determine the decisions made by the applicant);

      2. Indication of the acquired subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right: ______________________________________________________;

      3. Grounds for the transfer of the subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right: _________________________;

      (Indicate information about the transaction price and the procedure for its payment)

      4. Information on the financial and technical capabilities of a person who intends to acquire the right to subsoil use (a share in the right to subsoil use) to conduct exploration and (or) production of hydrocarbons, uranium production, confirming its compliance with the requirements of the Code , which are required when granting such a subsoil use right (not required in in case of transfer of objects related to the right to subsoil use): _____________________________;

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the information indicated in the application and the documents attached to the application. Applicant (the person who signed the application on behalf of the applicant): ____________________

      (last name, first name and patronymic (if it is indicated in the identity document)

      of the person who signed the application on behalf of the applicant, information about the document proving his identity). Note: application and the documents attached to it are drawn up in the state and Russian languages.

      All documents attached to the application must be drawn up in the state and Russian languages. If the application is submitted by a foreigner or a foreign legal entity, such documents may also be drawn up in another language with the obligatory attachment to each document of an electronic copy of the translation into the state and Russian languages, the correctness of which is certified by a notary in accordance with paragraph 5 of Article 45 of the Code of the Republic of Kazakhstan “On subsoil and subsoil use ".

  Appendix 3
to the rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Transfer of the right
to subsoil use and (or) objects
related to the right to subsoil use"
  The form
  at______________________
(full name of the service provider)

Application for issuance of permission to issue shares and other securities, which are objects
associated with the right to subsoil use, for circulation on the organized securities market

      I request permission to ____________________________________________.

      (In the case of an application for placement within the framework of an additional issue (issue), it is submitted by the issuer, and in cases where the issue for circulation on the organized securities market is made by the holder of these shares or other securities, the application is submitted by such holder)

      1) full name of the issuing organization, whose shares or other securities, which are objects associated with the right to subsoil use, are subject to circulation on the organized securities market:

      __________________________;

      2) an indication of the subsurface area to which shares or other securities related to it

      are subject to issuance in the organized securities market:

      ___________________________________________________________________;

      3) information on the amount of the authorized capital of the issuing organization whose shares or other securities, which are objects associated with the right to subsoil use, are subject to release into circulation on the organized securities market: _________________________________;

      4) information (type and total number) on securities, including derivative securities of the organization, their underlying assets or other forms of equity participation, which are objects associated with the right to subsoil use and are subject to release into circulation on the organized securities market: ______________________________________;

      5) information about the underwriter (if any): _____________________;

      6) information about the organized securities market where the listing will be carried out: ___________________________________;

      7) information about the number of shares or other securities that are objects associated with the right to subsoil use, and subject to release into circulation on the organized securities market: ________________________;

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure Code of the Republic of Kazakhstan on liability for providing false information I confirm the accuracy of the information indicated in the application and the documents attached to the application.

      The applicant (the person who signed the application on behalf of the applicant):

      _________________________________________________________________

      (last name, first name and patronymic (if indicated in the identity document) of the person who signed the application on behalf of the applicant, information about the document proving his identity).

      Note: the application and the documents attached to it are drawn up in the state and Russian languages. All documents attached to the application must be drawn up in the state and Russian languages. If the application is submitted by a foreigner or a foreign legal entity, such documents may also be drawn up in another language with the obligatory attachment to each document of an electronic copy of the translation of the state and Russian languages, the correctness of which is certified by a notary in accordance with paragraph 5 of Article 45 of the Code of the Republic of Kazakhstan “On subsoil and subsoil use ".

  Appendix 4
to the rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Transfer of the right
to subsoil use and (or) objects
related to the right to subsoil use"
  The form

[Name of the MA in the state language)] details of the MA in the official language


 

[Name of the MA (in Russian)] Details of the MA in Russian

Reasoned refusal to further consider the application / in the provision of public services

Number: [number]
Date of Issue: [Date of Issue]

[name of applicant]

[Name of MA], having reviewed your application dated [Application Date] Year No. [Application Number], informs _____________________________________________. [Rejection reason].

[Position of signer]

[Surname, First name, Patronymic (if any) of the signatory]


 

 

  Appendix 2
to the order of the
Minister of Energy of the
Republic of Kazakhstan dated
May 29, 2020 No. 214

Rules for the provision of public services of the Ministry of Energy of the Republic of Kazakhstan "Conclusion (signing) of contracts for subsoil use for hydrocarbons and uranium mining"

      Footnote. The rules are as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated August 31, 2021 No. 281 (shall be enforced sixty calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for the provision of public services by the Ministry of Energy of the Republic of Kazakhstan "Conclusion (signing) of contracts for subsoil use for hydrocarbons and uranium mining" (hereinafter referred to as the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter - Law) and determine the procedure for the provision of the public service of the Ministry of Energy of the Republic of Kazakhstan “Conclusion (signing) of contracts for subsoil use for hydrocarbons and uranium mining” (hereinafter referred to as the public service).

      2. The following basic concepts are used in these Rules:

      1) personal account - a section of the "electronic government" web portal, which contains personal information about the user, collected from various state databases;

      2) the service recipient - individuals and legal entities, with the exception of central state bodies, foreign missions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts;

      3) service provider - central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts, as well as physical and legal persons providing public services in accordance with the legislation of the Republic of Kazakhstan;

      4) public service - one of the forms of implementation of certain state functions, carried out individually at the request or without the request of service recipients and aimed at realizing their rights, freedoms and legitimate interests, providing them with appropriate material or intangible benefits;

      5) "electronic government" web portal - an information system that is a single window for access to all consolidated government information, including the regulatory legal framework, and to electronic public services.

Chapter 2. The procedure for the provision of public services

      3. The public service is provided by the Ministry of Energy of the Republic of Kazakhstan (hereinafter referred to as the service provider) on paper or electronically.

      In order to receive a public service, the service recipient submits through the information system of the "electronic government" web portal or the service provider's office the necessary documents specified in paragraph 8 of the Public Service Standard "Conclusion (signing) of contracts for subsoil use for hydrocarbons and uranium mining" (hereinafter referred to as the Standard) in accordance with Appendix 1 to these Rules.

      4. The list of basic requirements for the provision of public services through the web portal of "electronic government" or the office of the service provider, including the characteristics of the process, the form, content and result of the provision, the grounds for refusing to provide public services, as well as other information, taking into account the specifics of the provision of public services set out in the Standard of these Rules.

      5. Upon receipt of the documents of the service recipient specified in clause 8 of the Standard of these Rules through the "electronic government" web portal on the day of their receipt, they are automatically received and registered in accordance with the work schedule of the service provider.

      Upon receipt of the documents of the service recipient specified in paragraph 8 of the Standard of these Rules, through the office of the service provider on the day of their receipt, it receives and registers in accordance with the work schedule. The confirmation of the acceptance of the application with attachments is the registration (stamp, incoming number and date) in the office of the service provider, indicating the last name, first name, patronymic (if any) of the person who accepted the application with the attached documents.

      Within 1 (one) working day from the date of registration of documents in the office of the service provider, the head of the structural unit determines the responsible executor of the service provider.

      6. The responsible executor of the service provider checks the completeness of the submitted documents within 2 (two) working days from the date of registration of the application.

      If the service recipient submits an incomplete package of documents, the responsible executor of the service provider, within the period specified in part one of this paragraph, sends a reasoned refusal to further consider the application in the form, in accordance with Appendix 2 to these Rules.

      If the service recipient submits a complete package of documents, the responsible executor of the service provider, within 2 (two) business days, considers them for compliance with the requirements of the Code of the Republic of Kazakhstan “On Subsoil and Subsoil Use” (hereinafter referred to as the Code) and sends a request to the structural divisions of the service provider to give an opinion.

      7. Structural divisions after submitting a request within 6 (six) working days prepare conclusions and submit them to the responsible executor of the service provider.

      8. The responsible executor of the service provider, within 9 (nine) working days, considers the conclusion of structural divisions, prepares a contract for subsoil use for hydrocarbons and uranium mining for signing by the head of the service provider or prepares a preliminary decision to refuse to provide a public service in accordance with Appendix 2 to these Rules on the grounds, referred to in paragraph 9 of the Standard of these Rules.

      9. In case of revealing the grounds for refusal to provide public services on the grounds specified in paragraph 9 of the Standard of these Rules, the service provider no later than 3 (three) business days before the end of the period for the provision of public services in accordance with Article 73 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APPK RK) sends to the service recipient a notice of the preliminary decision to refuse to provide public services, as well as the time and place of the hearing so that the service recipient can express its position on the preliminary decision.

      The hearing procedure is carried out in accordance with Article 73 of the APPC RK.

      Based on the results of the hearing, the head of the Service Provider makes one of the following decisions:

      1) sign the Contract for subsoil use for hydrocarbons, the Contract for subsoil use for uranium mining;

      2) refuse to sign the Contract for subsoil use for hydrocarbons, the Contract for subsoil use for uranium mining.

      10. The head of the service provider, within the period specified in part one of clause 8 of these Rules, signs a contract for subsoil use for hydrocarbons, a contract for subsoil use for the extraction of uranium, after which the responsible executor of the service provider sends it to the "personal account" of the service recipient through the web portal "electronic government” or the office of the service provider if the service recipient submits documents through the office of the service provider.

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the provision of a public service

      11. To appeal against decisions, actions (inactions) of the service provider and (or) its officials on the provision of public services, the complaint is filed no later than 3 (three) months from the date when the service recipient became aware of the adoption of an administrative act or the commission of actions (inactions) by the service provider :

      to the body considering the complaint (superior administrative body and (or) official);

      to the authorized body for assessing and monitoring the quality of the provision of public services;

      in the name of the management of the service provider directly providing the public service.

      The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:

      a service provider directly providing a public service within 5 (five) working days from the date of its registration;

      by the authorized body for assessing and monitoring the quality of the provision of public services within 15 (fifteen) working days from the date of its registration.

      The term for considering a complaint by a service provider, an authorized body for assessing and monitoring the quality of public services in accordance with paragraph 4 of Article 25 of the Law is extended by no more than 10 (ten) working days if necessary:

      1) conducting an additional study or inspection on the basis of a complaint or an on-site inspection;

      2) obtaining additional information.

      In the event of an extension of the term for considering a complaint, the official authorized to consider complaints, within 3 (three) business days from the date of the extension of the term for considering a complaint, informs in writing (when filing a complaint on paper) or in electronic form (when filing a complaint in electronic form) to the complainant about the extension of the term for consideration of the complaint, indicating the reasons for the extension.

      If a complaint is received in accordance with paragraph 4 of Article 91 of the APPC RK, the service provider sends it to the body considering the complaint within 3 (three) business days from the date of its receipt. The complaint is not sent by the service provider to the body considering the complaint in the event of the adoption of a favorable act, the performance of an administrative action that fully satisfies the requirements specified in the complaint.

      The term for consideration of a complaint by the body considering the complaint is 20 (twenty) working days from the date of receipt of the complaint.

      12. In case of disagreement with the decision of the body considering the complaint, the service recipient applies to another body considering the complaint or to the court in accordance with paragraph 6 of Article 100 of the APPC RK.

  Appendix 1
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons and uranium
mining"

State service standard
"Conclusion (signing) of contracts for subsoil use for hydrocarbons and uranium mining"

1.

Name of the service provider

Ministry of Energy of the Republic of Kazakhstan.

2.

Ways to provide public services

Acceptance of documents and issuance of the results of the provision of public services is carried out
electronic (fully automated) / paper

3.

The term for the provision of public services

from the moment of registration of the application by the service provider - 20 (twenty) working days;

4.

Form of provision of public services

Electronic (fully automated) / paper

5.

The result of the provision of public services

a subsoil use contract or a reasoned refusal to provide a public service reference to a standard

6.

The amount of payment charged from the service recipient in the provision of public services, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided to the service recipient free of charge.

7.

Schedule

1) service provider - from Monday to Friday from 9.00 to 18.30 with a lunch break from 13.00 to 14.30, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;
The schedule for receiving applications and issuing the results of the provision of public services is from 9.00 to 17.30 with a lunch break from 13.00 to 14.30.
2) the portal - around the clock, with the exception of technical breaks due to repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of the public service is issued on the next business day).

8.

List of documents and information required for the provision of public services

1) to obtain a contract for the exploration and production of hydrocarbons following the results of an auction for subsoil use:
an application for the conclusion (signing) of a subsoil use contract for the exploration and production of hydrocarbons in the form, in accordance with Appendix 3 to these Rules;
a subsoil use contract signed for the exploration and production of hydrocarbons in 3 (three) copies, developed in accordance with a standard contract for the exploration and production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the State Registration Register normative legal acts No. 17140);
a program of work containing the scope, description and timing of work during the exploration period and meeting the minimum requirements for the scope and types of work on the subsoil plot during the exploration period, which is an integral part of the subsoil use contract for the exploration and production of hydrocarbons;
annex to the subsoil use contract, which is its integral part, establishing, in accordance with Article 110 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter referred to as the Code), the subsoil plot on which the service recipient has the right to conduct exploration and (or) production of hydrocarbons (electronic a copy if submitted through the e-government web portal);
a copy and original of the payment order confirming the payment of the subscription bonus for verification;
2) to obtain a contract for the production of hydrocarbons based on the results of the auction:
an application for obtaining a contract for the production of hydrocarbons based on the results of the auction in the form, in accordance with Appendix 4 to these Rules;
3 (three) copies of the subsoil use contract signed by our side for the production of hydrocarbons, developed in accordance with the standard contract for the production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Regulatory Legal Acts No. 17140);
an annex to the subsoil use contract, which is its integral part, establishing, in accordance with Article 110 of the Code, the subsoil plot on which the service recipient is entitled to carry out hydrocarbon production operations;
the original payment order confirming the payment of the subscription bonus;
3) for a contract for the exploration and production of hydrocarbons following the results of a protocol of direct negotiations:
a subsoil use contract signed by its side for the exploration and production of hydrocarbons in 3 (three) copies, developed in accordance with a standard contract for the exploration and production of hydrocarbons approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Regulatory legal acts No. 17140);
a program of work containing the scope, description and timing of work during the exploration period and meeting the minimum requirements for the scope and types of work on the subsoil plot during the exploration period, which is an integral part of the subsoil use contract for the exploration and production of hydrocarbons;
an annex to the subsoil use contract, which is its integral part, establishing, in accordance with Article 110 of the Code, the subsoil plot on which the service recipient has the right to conduct exploration and (or) production of hydrocarbons;
a copy and original of the payment order confirming the payment of the subscription bonus for verification;
4) to obtain a contract for the production of hydrocarbons based on the results of the protocol of direct negotiations:
3 (three) copies of the subsoil use contract signed by our side for the production of hydrocarbons, developed in accordance with the standard contract for the production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Regulatory Legal Acts No. 17140);
an annex to the subsoil use contract, which is its integral part, establishing, in accordance with Article 110 of the Code, the subsoil plot on which the service recipient is entitled to carry out hydrocarbon production operations;
a copy and original of the payment order confirming the payment of the subscription bonus for verification;
5) to obtain a contract for the extraction of uranium following the results of the protocol of direct negotiations in the field of uranium:
uranium mining contract signed by its side in 3 (three) copies, developed in accordance with the standard contract for uranium mining, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140) ;
a copy and original of the payment order confirming the payment of the subscription bonus for verification;
6) to obtain a contract for the production of hydrocarbons by subsoil users who are engaged in or have been carrying out activities for the exploration of hydrocarbons under subsoil use contracts concluded before the entry into force of the Code (initial contract), subject to the transition to a standard contract for the production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated 11 June 2018 No. 233 (registered in the Register of State Registration of Regulatory Legal Acts No. 17140):
an application for obtaining a contract for the production of hydrocarbons in accordance with Appendix 5 to these Rules;
3 (three) copies of the subsoil use contract signed by our side for the production of hydrocarbons, developed in accordance with the standard contract for the production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Regulatory Legal Acts No. 17140);
a report on the calculation of reserves approved by the subsoil user and received a positive conclusion from the state examination of the subsoil;
7) in order to obtain a contract for the production of hydrocarbons, by subsoil users under production contracts concluded before the entry into force of the Code (the current contract), subject to the transition to standard contracts for the production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140):
an application for obtaining a contract for the production of hydrocarbons in accordance with Appendix 6 to these Rules;
3 (three) copies of the subsoil use contract signed by our side for the production of hydrocarbons, developed in accordance with the standard contract for the production of hydrocarbons, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Regulatory Legal Acts No. 17140);
a deposit development project approved by the subsoil user and having received positive conclusions provided for by the Code and other laws of the Republic of Kazakhstan;
8) to obtain a contract for the extraction of uranium upon fixing the production site and the period of pilot production:
Application for fixing the production site and the pilot production period in accordance with Appendix 7 to these Rules;
uranium mining contract signed by its side in 3 (three) copies, developed in accordance with the standard contract for uranium mining, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140) ;
9) to obtain a contract for hydrocarbon exploration in accordance with international agreements:
an application for obtaining a contract for hydrocarbon exploration in the form, in accordance with Appendix 8 to these Rules;
a contract for hydrocarbon exploration signed on its part in 3 (three) copies;
a program of work containing the scope, description and deadlines for the execution of work during the exploration period, determined by the results of direct negotiations, attached to the contract for hydrocarbon exploration as an integral part of it;
a copy and original of the payment order confirming the payment of the subscription bonus for verification.
In the case of applying through the "electronic government" web portal, the service recipient submits the necessary documents in electronic digital form and certified by means of an electronic digital signature.
Information about identity documents, state registration (re-registration) of a legal entity, individual entrepreneur, the contractor of the service provider receives from the relevant state information systems through the web portal of "electronic government".

9.

Grounds for refusal to provide public services, established by the legislation of the Republic of Kazakhstan

In accordance with paragraph 2 of Article 19-1 of the Law of the Republic of Kazakhstan "On Public Services", the service provider refuses to provide public services on the following grounds:
1) establishing the unreliability of the documents submitted by the service recipient for the receipt of the public service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of the public service with the requirements established by the Code;
3) in relation to the service recipient, there is a court decision (verdict) that has entered into force on the prohibition of activities or certain types of activities requiring the receipt of this public service;
4) in relation to the service recipient there is a court decision that has entered into force, on the basis of which the service recipient is deprived of a special right related to the receipt of a public service.

10.

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through the State Corporation

1) The service recipient has the opportunity to receive public services in electronic form through the web portal of "electronic government" subject to the presence of an electronic digital signature;
2) addresses of places for the provision of public services are located at: 010000, Nur-Sultan city, Kabanbai Batyr Avenue, 19, block "A", telephone: 8 (7172) 78-68-01.
3) contact numbers of inquiry services on the provision of public services are indicated on the Internet resource www.gov.kz, in the section "Ministry of Energy" in the subsection "Services". Unified contact center for the provision of public services 1414, 8 800 080 7777.

  Appendix 2
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons and uranium
mining"
  The form

[Name of the MA in the state language)] details of the MA in the state language


 

[Name of the MA (in Russian)] Details of the MA in Russian

Reasoned refusal to further consider the application / in the provision of public services

Number: [number]
Date of Issue: [Date of Issue]

[name of applicant]

[Name of MA], having reviewed your application dated [Application Date] Year No. [Application Number], informs _____________________________________________. [Rejection reason].

[Position of signer]

[Surname, First name, Patronymic (if any) of the signatory]


 

 

  Appendix 3
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons uranium mining"
  The form

Application for the conclusion (signing) of a subsoil use contract for the exploration and production of hydrocarbons

  _________________________
(name of service provider)

      Hereby _________ (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) requests to conclude a Contract for the exploration and production of hydrocarbons.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the information provided. According to subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan

      “On Public Services”, I agree to the use of information constituting a legally protected secret contained in information systems.

      The application is additionally attached:

      __________________________________________________________________________

      _________________________________________________________________________

      (last name, first name, patronymic (if any)), (signature)

      "__" ____________ 20__

  Appendix 4
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons uranium mining"
  The form

Application for the conclusion (signing) of a contract for subsoil use for the production of hydrocarbons based on the results of the auction

  _________________________
(name of service provider)

      Hereby ________________________________________________

      (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity, email address) requests to conclude a Contract for the production of hydrocarbons.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the data provided. In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services”, I agree to the use of information constituting a legally protected secret contained in information systems.

      The application is additionally accompanied by:

      _________________________________________________________________________

      _________________________________________________________________________

      (surname, first name, patronymic (if any)), (signature)

      "__" ____________ 20__

  Appendix 5
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons uranium mining"
  The form

Application for the conclusion (signing) of a contract for subsoil use for the production of hydrocarbons (initial contract)

  _________________________
(name of service provider)

      Hereby ________________________________

      (indicate the surname, name, patronymic (if any) of an individual / name of a legal entity, email address, mobile phone number) having the right to subsoil use under Contract No. ____ dated __. __. ____ year for __________ hydrocarbons requests the transition to the production stage. Production site _____________________________________________________.

      Duration of the preparatory period (not exceeding three years) ________.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedural and

      Procedural Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the data presented .According to subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan

      “On Public Services”, I agree to the use of information constituting a secret protected by law contained in information systems.

      The application is additionally attached:

      _____________________________________________________________________

      _____________________________________________________________________

      (last name, first name, patronymic (if any)), (signature )

      "__" ____________ 20__

  Appendix 6
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons uranium mining"
  The form

Application for the conclusion (signing) of a contract for subsoil use for the production of hydrocarbons (current contract)

  _________________________
(name of service provider)

      Hereby _________ (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity, email address, mobile phone number) having the right to subsoil use under Contract No. ____ dated __. __. ____ year for __________ hydrocarbons asks to conclude a contract for the production of hydrocarbons in a new edition, developed in accordance with a standard contract for the production of hydrocarbons.

      Production site ________________________________________.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedural and

      Procedural Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the submitted data. In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan

      “On Public Services”, I agree to the use of information constituting a legally protected secret contained in information systems.

      The application is additionally accompanied by:

      _______________________________________________________________________

      _______________________________________________________________________

      (surname, first name, patronymic (if any)), (signature)

      "__" ____________ 20__ .

  Appendix 7
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons uranium mining"
  The form

Application for the conclusion (signing) of a contract for the extraction of uranium
to secure the mining site and the period of pilot production of uranium

  _________________________
(name of service provider)

      Hereby ___________________________________________

      (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity, email address, mobile phone number) requests to conclude a contract for the extraction of uranium and secure the mining site _______________________.

      The duration of the pilot production period (not exceeding 4 (four) year) ________.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the data provided.

      In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services”, I agree to use constituting a secret protected by law contained in information systems.

      The following is additionally attached to the application

      1) a positive conclusion of the state expertise on

      the pilot production project _________________;

      2) information on the availability of reserves

      _____________________________________________________ __________________

      (surname, first name, patronymic (if any)), (signature)

      "__" ____________ 20__

  Appendix 8
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of contracts for subsoil use for
hydrocarbons uranium mining"
  The form

Application for the conclusion (signing) of a subsoil use contract for hydrocarbon exploration

  _________________________
(name of service provider)

      __________________________________________________________________________

      __________________________________________________________________________

      (name of the applicant, its location, information on state registration as a legal entity (an extract from the trade register or other legalized document certifying that the applicant is a legal entity under the laws of a foreign state), information about the head, about individuals, legal entities, states and international organizations that directly or indirectly control the applicant, mobile phone number, email address)

      _________________________________________________________________________

      _________________________________________________________________________

      (information on the applicant’s previous activities, including a list of states in which he has carried out his activities over the past three years)

      ________________________________________________________________________

      ________________________________________________________________________

      ________________________________________________________________________

      (the territory of the subsoil area claimed by the applicant) asks to conclude a Contract for hydrocarbon exploration. I am aware of the responsibility for providing false information.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information.

      In accordance with subparagraph 12 paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services” agrees to the use of information constituting a secret protected by law contained in information systems.

      The application is additionally attached:

      ____________________________________________________ __________________

      _______________________________________________________________________

      (last name, first name, patronymic (if any)), (signature)

      "__ " ____________ 20__

  Appendix 3
to the order of the
Minister of Energy of the
Republic of Kazakhstan
dated May 29, 2020 No. 214

Rules for the provision of public services of the Ministry of Energy of the Republic of Kazakhstan "Conclusion (signing) of additional agreements to contracts for subsoil use for hydrocarbons and uranium mining"

      Footnote. The rules are as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated August 31, 2021 No. 281 (shall be enforced sixty calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for the provision of public services by the Ministry of Energy of the Republic of Kazakhstan “Conclusion (signing) of additional agreements to contracts for subsoil use for hydrocarbons and uranium mining” (hereinafter referred to as the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” and determine the procedure for the provision of the public service of the Ministry of Energy of the Republic of Kazakhstan “Conclusion (signing) of additional agreements to contracts for subsoil use for hydrocarbons and uranium mining” (hereinafter referred to as the public service).

      2. The following basic concepts are used in these Rules:

      1) personal account is a section of the "electronic government" web portal, which contains personal information about the user, collected from various state databases;

      2) the service recipient is individuals and legal entities, with the exception of central state bodies, foreign missions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts;

      3) service provider - central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts, as well as physical and legal persons providing public services in accordance with the legislation of the Republic of Kazakhstan;

      4) public service - one of the forms of implementation of certain state functions, carried out individually at the request or without the request of service recipients and aimed at realizing their rights, freedoms and legitimate interests, providing them with appropriate material or intangible benefits;

      5) "electronic government" web portal - an information system that is a single window for access to all consolidated government information, including the regulatory legal framework, and to electronic public services.

Chapter 2. The procedure for the provision of public services

      3. The public service is provided by the Ministry of Energy of the Republic of Kazakhstan (hereinafter referred to as the service provider) on paper or electronically.

      To receive a public service, the service recipient submits through the information system of the e-government web portal or the service provider's office the necessary documents specified in clause 8 of the Public Service Standard "Conclusion (signing) of additional agreements to subsoil use contracts for hydrocarbons and uranium mining" (hereinafter referred to as the Standard ) in accordance with Appendix 1 to these Rules.

      4. The list of basic requirements for the provision of public services through the web portal of "electronic government" or the office of the service provider, including the characteristics of the process, the form, content and result of the provision, the grounds for refusing to provide public services, as well as other information, taking into account the specifics of the provision of public services set out in the Standard of these Rules.

      5. When signing an additional agreement to the contract in the cases provided for in subparagraphs 2) - 11) of paragraph 8 of the Standard of these Rules, the service recipient submits through the "electronic government" web portal or the service provider's office the necessary documents specified in paragraph 8 of the Standard .

      Upon receipt of the documents of the service recipient specified in paragraph 8 of the Standard of these Rules through the "electronic government" web portal on the day of their receipt, they are automatically received and registered in accordance with the work schedule of the service provider.

      Upon receipt of the documents of the service recipient specified in paragraph 8 of the Standard of these Rules, through the office of the service provider on the day of their receipt, it receives and registers in accordance with the work schedule. The confirmation of the acceptance of the application with attachments is the registration (stamp, incoming number and date) in the office of the service provider, indicating the last name, first name, patronymic (if any) of the person who accepted the application with the attached documents.

      Within 1 (one) working day from the date of registration of documents in the office of the service provider, the head of the structural unit determines the responsible executor of the service provider.

      6. The responsible executor of the service provider checks the completeness of the submitted documents within 2 (two) working days from the date of registration of the application.

      If the service recipient submits an incomplete package of documents, the responsible executor of the service provider, within the period specified in part one of this paragraph, sends a reasoned refusal to further consider the application in the form, in accordance with Appendix 2 to these Rules.

      If the service recipient submits a complete package of documents, the responsible executor of the service provider, within 2 (two) working days, considers them for compliance with the requirements of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter referred to as the Code) and sends a request to the structural divisions of the service provider to give an opinion.

      7. Structural divisions after submitting a request within 5 (five) working days prepare conclusions and submit them to the responsible executor of the service provider.

      8. The responsible executor of the service provider, within 10 (ten) working days, considers the conclusion of structural divisions, prepares an addendum to the contract for subsoil use for hydrocarbons and uranium mining for signing by the head of the service provider or prepares a preliminary decision to refuse to provide a public service in accordance with Appendix 2 on the grounds specified in paragraph 9 of the Standard of these Rules.

      9. In case of revealing the grounds for refusal to provide public services on the grounds specified in paragraph 9 of the Standard of these Rules, the service provider no later than 3 (three) business days before the end of the period for the provision of public services in accordance with Article 73 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APPK RK) sends to the service recipient a notice of the preliminary decision to refuse to provide public services, as well as the time and place of the hearing so that the service recipient can express its position on the preliminary decision.

      The hearing procedure is carried out in accordance with Article 73 of the APPC RK.

      Based on the results of the hearing, the head of the Service Provider makes one of the following decisions:

      1) sign an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining;

      2) refuse to sign an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining.

      10. The head of the service provider, within the period specified in part one of paragraph 8 of these Rules, signs an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining, after which the responsible executor of the service provider sends it to the applicant through the web portal " e-Government” or the office of the service provider if the service recipient submits documents through the office of the service provider.

      11. When signing an additional agreement to the contract upon transfer of the right to subsoil use and a share in the right to subsoil use within 1 (one) business day from the date of registration of the documents specified in paragraph 8 of the Standard of these Rules, the service provider determines the responsible executor of the service provider.

      The responsible executor of the service provider, within 2 (two) working days following the receipt for execution of the documents specified in part one of this paragraph of these Rules, checks their completeness.

      If the service recipient submits an incomplete package of documents, the responsible executor of the service provider, within the period specified in part one of this paragraph, sends a reasoned refusal to further consider the application in the form, in accordance with Appendix 2 to these Rules.

      If the service recipient submits a complete package of documents, the responsible executor of the service provider reviews them for compliance with the requirements of the Code within 1 (one) business day and sends a request to the structural divisions of the service provider to give an opinion.

      12. Structural divisions after submitting a request within 3 (three) working days prepare conclusions and submit them to the responsible executor of the service provider.

      13. The responsible executor of the service provider, within 8 (eight) working days, considers the conclusion of structural divisions, prepares an addendum to the contract for subsoil use for hydrocarbons and uranium mining for signing by the head of the service provider or prepares a preliminary decision to refuse to provide a public service in accordance with Appendix 2 on the grounds specified in paragraph 9 of the Standard of these Rules.

      14. If the grounds for refusal to provide a public service on the grounds specified in paragraph 9 of the Standard of these Rules are identified, the service provider, no later than 3 (three) business days before the end of the period for the provision of public services in accordance with Article 73 of the APPC RK, sends the service recipient a notification of preliminary a decision to refuse to provide a public service, as well as the time and place of the hearing in order to be able to express to the service recipient a position on a preliminary decision.

      The hearing procedure is carried out in accordance with Article 73 of the APPC RK.

      Based on the results of the hearing, the head of the Service Provider makes one of the following decisions:

      1) sign an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining;

      2) refuse to sign an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining.

      15. The head of the service provider, within the period specified in part one of paragraph 13 of these Rules, signs an addendum to the contract for subsoil use for hydrocarbons and uranium mining, after which the responsible executor of the service provider sends it to the service recipient in the "personal account" through the "electronic government" web portal or through the service provider's office if the service recipient submits documents through the service provider's office.

      16. When signing an additional agreement to the contract when allocating a subsoil plot within 1 (one) business day from the date of registration of the documents specified in paragraph 8 of the Standard of these Rules, the service provider determines the responsible executor of the service provider.

      The responsible executor of the service provider, within 1 (one) working day following the receipt for execution of the documents specified in part one of this clause of these Rules, checks their completeness.

      If the service recipient submits an incomplete package of documents, the responsible executor of the service provider, within the period specified in part one of this paragraph, sends a reasoned refusal to further consider the application in the form, in accordance with Appendix 2 to these Rules.

      If the service recipient submits a complete package of documents, the responsible executor of the service provider reviews them for compliance with the requirements of the Code within 1 (one) business day and sends a request to the structural divisions of the service provider to give an opinion.

      17. Structural divisions, after submitting a request from the responsible executor of the service provider, within 2 (two) working days, prepare conclusions and submit them to the responsible executor of the service provider.

      18. The responsible executor of the service provider, within 5 (five) working days, considers the conclusion of structural divisions, prepares an additional agreement to the contract for subsoil use for hydrocarbons and uranium mining for signing by the head of the service provider or prepares a preliminary decision to refuse to provide a public service in accordance with Appendix 2 on the grounds, referred to in paragraph 9 of the Standard of these Rules.

      19. If the grounds for refusal to provide a public service on the grounds specified in paragraph 9 of the Standard of these Rules are identified, the service provider, no later than 3 (three) business days before the end of the period for the provision of public services in accordance with Article 73 of the APPC RK, sends the service recipient a notification of preliminary a decision to refuse to provide a public service, as well as the time and place of the hearing in order to be able to express to the service recipient a position on a preliminary decision.

      The hearing procedure is carried out in accordance with Article 73 of the APPC RK.

      Based on the results of the hearing, the head of the Service Provider makes one of the following decisions:

      1) sign an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining;

      2) refuse to sign an additional agreement to the subsoil use contract for hydrocarbons, an additional agreement to the subsoil use contract for uranium mining.

      20. The head of the service provider, within the period specified in part one of paragraph 18 of these Rules, signs an addendum to the contract for subsoil use for hydrocarbons and uranium mining, after which the responsible executor of the service provider sends it to the service recipient in the "personal account" through the information system of the web portal "electronic government” or through the office of the service provider if the service recipient submits documents through the office of the service provider.

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the provision of a public service

      21. To appeal against decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services, the complaint is filed no later than 3 (three) months from the date when the service recipient became aware of the adoption of an administrative act or the commission of actions (inaction) by the service provider :

      to the body considering the complaint (superior administrative body and (or) official);

      to the authorized body for assessing and monitoring the quality of the provision of public services;

      in the name of the management of the service provider directly providing the public service.

      The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:

      a service provider directly providing a public service within 5 (five) working days from the date of its registration;

      by the authorized body for assessing and monitoring the quality of the provision of public services within 15 (fifteen) working days from the date of its registration.

      The term for considering a complaint by a service provider, an authorized body for assessing and monitoring the quality of public services in accordance with paragraph 4 of Article 25 of the Law is extended by no more than 10 (ten) working days if necessary:

      1) conducting an additional study or inspection on the basis of a complaint or an on-site inspection;

      2) obtaining additional information.

      In the event of an extension of the term for considering a complaint, the official authorized to consider complaints, within 3 (three) business days from the date of the extension of the term for considering a complaint, informs in writing (when filing a complaint on paper) or in electronic form (when filing a complaint in electronic form) to the complainant about the extension of the term for consideration of the complaint, indicating the reasons for the extension.

      If a complaint is received in accordance with paragraph 4 of Article 91 of the APPC RK, the service provider sends it to the body considering the complaint within 3 (three) business days from the date of its receipt. The complaint is not sent by the service provider to the body considering the complaint in the event of the adoption of a favorable act, the performance of an administrative action that fully satisfies the requirements specified in the complaint.

      The term for consideration of a complaint by the body considering the complaint is 20 (twenty) working days from the date of receipt of the complaint.

      22. In case of disagreement with the decision of the body considering the complaint, the service recipient applies to another body considering the complaint or to the court in accordance with paragraph 6 of Article 100 of the APPC RK.

  Appendix 1
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

State service standard
"Conclusion (signing) of additional agreements to subsoil use contracts for hydrocarbons and uranium mining"

1.

Name of the service provider

Ministry of Energy of the Republic of Kazakhstan.

2.

Ways to provide public services

Acceptance of documents and issuance of the results of the provision of public services is carried out
electronic (fully automated) / paper

3.

The term for the provision of public services

From the moment of registration of the application by the service provider:
when signing an additional agreement to the contract when changing information about the service recipient, when fixing the production site and the preparatory period, when fixing the site and the production period or production period, when extending the exploration period, when extending the production period, when extending uranium production, when increasing the area, when increase in the uranium area, with a decrease in the subsoil area, when moving to the production stage, when signing an additional agreement to the contract - 20 (twenty) working days.
when signing an additional agreement to the contract when transferring the right to subsoil use and a share in the right to subsoil use - 15 (fifteen) working days.
when signing an additional agreement to the contract when allocating a subsoil plot - 10 (ten) working days.

4.

Form of provision of public services

Electronic (fully automated) / paper

5.

The result of the provision of public services

an additional agreement to the subsoil use contract or a reasoned refusal to provide a public service.

6.

The amount of payment charged from the service recipient in the provision of public services, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The public service is provided to the service recipient free of charge.

12
7.

Schedule

1) service provider - from Monday to Friday from 9.00 to 18.30 with a lunch break from 13.00 to 14.30, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;
The schedule for receiving applications and issuing the results of the provision of public services is from 9.00 to 17.30 with a lunch break from 13.00 to 14.30;
2) the portal - around the clock, with the exception of technical breaks due to repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of the public service is issued on the next business day).

8.

List of documents and information required for the provision of public services

To receive a public service, the service recipient submits the following documents through the e-government web portal or the office of the service provider:
1) in order to obtain an additional agreement to the contract upon transfer of the subsoil use right and a share in the subsoil use right:
an application for the transfer of the subsoil use right (share in the subsoil use right) in the form, in accordance with Appendix 3 to these Rules;
an addendum to the subsoil use contract signed by the service recipient in 3 (three) copies;
a copy and original of the document on the basis of which the subsoil use right is acquired for verification;
copy and original of documents confirming information about the acquirer of the subsoil use right (share in the subsoil use right) for verification:
documents confirming the acquirer's compliance with the requirements of the Code ;
the written consent of the pledgee, if the subsoil use right (share in the subsoil use right) is encumbered (encumbered) with a pledge;
written consent of all joint holders of the subsoil use right;
a positive decision of the service provider issued on the basis of the recommendations of the expert commission on subsoil use issues, which is a consultative and advisory body under the service provider in order to develop recommendations when considering applications, acting on the basis of the requirements of Article 45 and paragraph 14 of Article 277 of the Code (hereinafter referred to as the expert commission);
2) to obtain an additional agreement to the contract when changing information about the service recipient:
an application for changing information about the service recipient in the form, in accordance with Appendix 4 to these Rules;
documents confirming the need to make changes to the information about the service recipient;
an addendum to the contract signed by the service recipient in 3 (three) copies, providing for changes to the information about the service recipient;
copies and originals of documents certifying the authority of the service recipient to sign the application for verification;
3) in order to obtain an additional agreement to the contract when fixing the production site (sites) and the preparatory period:
an application for fixing the production site and the preparatory period (preparatory periods) in the form, in accordance with Appendix 5 to these Rules;
an addendum to the contract signed by the service recipient, providing for fixing the preparatory period (preparatory periods) and containing an annex to the contract, establishing in accordance with Article 110 of the Code the production site (sites) in 3 (three) copies;
a report on the calculation of geological reserves approved by the service recipient and received a positive conclusion from the state examination of the subsoil;
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
4) in order to obtain an additional agreement to the contract when fixing a site and a production period or a production period:
a statement on fixing the site (sites) and the period (periods) of production or the period (periods) of production in the form, in accordance with Appendix 6 to these Rules;
an addendum to the contract signed by the service recipient, providing for fixing the site (s) and the period (s) of production or the period (s) of production, except for the cases provided for in paragraph 7 of Article 119 of the Code. At the same time, in order to fix the production site (sites), the addendum to the contract must contain an annex to the contract, establishing, in accordance with Article 110, Article 110 of the Code, the production site (sites) in 3 (three) copies;
a report on the calculation of geological reserves approved by the service recipient and received a positive conclusion from the state examination of the subsoil;
a field development project approved by the service recipient and having received positive conclusions provided for by the Code and other laws of the Republic of Kazakhstan;
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
5) to obtain an additional agreement to the contract when extending the exploration period:
an application for amendments to the subsoil use contract in connection with the extension of the exploration period in the form, in accordance with Appendix 7 to these Rules;
a signed program of additional works approved by the service recipient and containing the volume, description and deadlines for the implementation of additional works that the service recipient undertakes to perform on the relevant subsoil plot in the event of an extension of the exploration period;
an addendum to the contract signed by the service recipient in 3 (three) copies, providing for:
in the cases provided for by paragraphs 2 and 3 of Article 117 of the Code, an annex to the contract, establishing, in accordance with Article 110 of the Code, the exploration site (areas), consisting (consisting) of blocks, within which the proposed contours of the discovered deposit (aggregate of deposits) are located, including the establishment of the boundaries of the area (areas) of exploration in depth;
the obligation of the service recipient to implement the program of additional work specified in the third paragraph of this subparagraph and attached to the contract as its integral part;
in the case provided for by paragraph 2 of Article 117 of the Code, an addition to the exploration project, approved by the service recipient and received positive conclusions provided for by the Code and other laws of the Republic of Kazakhstan, provides for work on the assessment of the discovered deposit (set of deposits);
in the case provided for by paragraph 3 of Article 117 of the Code, a trial operation project approved by the service recipient and received positive conclusions provided for by the Code and other laws of the Republic of Kazakhstan;
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
6) to obtain an additional agreement to the contract when extending the production period:
an application for amendments to the subsoil use contract in connection with the extension of the production period in accordance with the form, in accordance with Appendix 8 to these Rules;
an addendum to the contract signed by the service recipient, providing for the extension of the production period in 3 (three) copies, containing:
a program of work approved by the service recipient and containing the scope, description and deadlines for the performance of work that the service recipient undertakes to perform at the subsoil plot in the event of an extension of the production period;
approved by the service recipient and having received positive conclusions provided for by the Code and other laws of the Republic of Kazakhstan of expertise, which provides for the development of the field during the requested period of extension of the production period;
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
7) to obtain an additional agreement to the contract when extending the period of uranium production:
an application for amendments to the subsoil use contract in connection with the extension of the uranium mining period in the form, in accordance with Appendix 8 to these Rules;
approved by the subsoil user and having received positive conclusions provided for by the Code and other laws of the Republic of Kazakhstan, providing for the development of the deposit during the requested period for extending the production period;
If the contract as of the date of filing the application for the extension of the production period corresponds to the standard contract for uranium mining approved by the service provider valid as of the date of filing the application, when extending the production period between the subsoil user and the service provider within one month from the date of the decision to extend the period, an addition to the contract is concluded for uranium mining, providing for an extension of the mining period.
If the contract as of the date of filing the application for the extension of the production period does not correspond to the standard contract for uranium mining approved by the service provider valid as of the date of filing the application, when extending the production period between the subsoil user and the service provider within two months from the date of the decision to extend the period, a contract is concluded for uranium mining in a new edition, developed in accordance with the model contract for uranium mining, approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140) in 3 (three) copies);
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
originals or notarized copies of documents certifying the authority of the service recipient to sign the application;
8) in order to obtain an additional agreement to the contract in connection with an increase in the subsoil plot (plots):
an application for amendments to the subsoil use contract in connection with an increase or decrease in the subsoil plot (plots) in the form, in accordance with Appendix 9 to these Rules;
an addendum to the contract signed by the service recipient in 3 (three) copies, containing an annex to the contract, establishing, in accordance with Article 110 of the Code, the increased (plots) of subsoil or the obligation of the service recipient to implement the program of additional works specified in paragraph 3 of Article 113 and attached to the contract as its integral part;
in case of an increase in the subsoil plot, an additional work program approved by the service recipient and containing the scope, description and deadlines for the work that the service recipient undertakes to perform on the requested subsoil plot, proportionally corresponding to the minimum requirements for the volume and types of work on the subsoil plot during the exploration period, which were established upon receipt the service recipient of the subsoil use right;
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
originals or notarized copies of documents certifying the authority of the service recipient to sign the application;
9) in order to obtain an additional agreement to the contract for the extraction of uranium in connection with the increase in the subsoil plot (plots):
an application for amendments to the subsoil use contract in connection with an increase or decrease in the subsoil plot (plots) in the form, in accordance with Appendix 9 to these Rules;
an addendum to the contract signed by the service recipient in 3 (three) copies, providing for an increase in the subsoil area;
a report from a competent person on reserves for the requested site;
a copy of the positive decision of the service provider issued on the basis of the requirements of Article 45 and paragraph 14 of Article 277 of the Code;
originals or notarized copies of documents certifying the authority of the service recipient to sign the application;
10) in order to obtain an additional agreement to the contract in connection with the reduction of the subsoil plot (plots):
an application for amendments to the subsoil use contract in connection with the reduction of the subsoil plot (plots) in the form, in accordance with Appendix 9 to these Rules;
an addendum to the contract signed by the service recipient in 3 (three) copies, containing an annex to the contract, establishing a reduced subsoil plot (sites) in accordance with Article 110 of the Code, and attached to the contract as its integral part, specified in Article 114 of the Code;
a copy of the act of liquidation of the consequences of subsoil use on the returned subsoil plot (areas);
a copy of the positive decision of the service provider issued on the basis of the requirements of Article 45 and paragraph 14 of Article 277 of the Code;
originals or notarized copies of documents certifying the authority of the service recipient to sign the application;
11) in order to obtain an additional agreement to the contract for the extraction of uranium in connection with a decrease in the subsoil plot (plots):
an application for amendments to the subsoil use contract in connection with the reduction of the subsoil plot (plots) in the form, in accordance with Appendix 9 to these Rules;
a copy of the act of liquidation of the consequences of subsoil use on the returned subsoil plot;
an addendum to the contract signed by the subsoil user, providing for the reduction of the subsoil area in 3 (three) copies;
a copy of the positive decision of the service provider issued on the basis of the requirements of Article 45 and paragraph 14 of Article 277 of the Code;
originals or notarized copies of documents certifying the authority of the service recipient to sign the application;
12) to obtain an additional agreement to the contract when allocating a subsoil plot:
an application for the allocation of a subsoil plot in the form, in accordance with Appendix 10 to these Rules;
an addendum to the contract signed by the service recipient in 3 (three) copies, containing an annex to the contract, establishing, in accordance with Article 110 of the Code, the reduced main subsoil plot, as well as the information specified in Article 115 of the Code;
a contract signed by the service recipient for the exploration and production or production of hydrocarbons, developed in accordance with a standard contract approved by order of the Minister of Energy of the Republic of Kazakhstan dated June 11, 2018 No. 233 (registered in the Register of State Registration of Normative Legal Acts No. 17140) in 3 (three) copies;
a copy of the positive decision of the service provider, issued on the basis of the recommendations of the expert commission;
originals or notarized copies of documents certifying the authority of the service recipient to sign the application.
In the case of applying through the "electronic government" web portal, the service recipient submits the necessary documents in electronic digital form and certified by means of an electronic digital signature.
Information about identity documents, state registration (re-registration) of a legal entity, individual entrepreneur, the contractor of the service provider receives from the relevant state information systems through the e-government gateway.

9.

Grounds for refusal to provide public services, established by the legislation of the Republic of Kazakhstan

1) for an additional agreement to the contract upon transfer of the subsoil use right and a share in the subsoil use right: non-compliance of the application with the requirements of paragraph 3 of Article 40 of the Code; inconsistency of the conditions for the transfer of the right to subsoil use to the issued permit, if such a transfer is carried out in accordance with such a permit; lack of permission to transfer the right to subsoil use, when such permission was required in accordance with the Code; if the transfer of the subsoil use right (share in the subsoil use right) is carried out for a subsoil plot where the service recipient is prohibited from conducting subsoil use operations or certain types of work in accordance with the imposed administrative penalty; if the transfer of the subsoil use right (share in the subsoil use right) is prohibited by the Code; if the transfer of the subsoil use right (share in the subsoil use right) will entail a violation of the provisions of international treaties concluded by the Republic of Kazakhstan;
2) to obtain an additional agreement to the contract when changing information about the service recipient:
if the application does not meet the requirements established by the Code;
3) for an additional agreement to the contract when fixing the production site (sites) and the preparatory period (preparatory periods):
the presence of violations of obligations under the contract for subsoil use not eliminated by the service recipient, specified in the notification of the service provider;
if the application does not meet the requirements established by Article 118 of the Code;
4) for an additional agreement to the contract when fixing the production site (sites) and the production period (s):
the presence of violations of obligations under the contract for subsoil use not eliminated by the service recipient, specified in the notification of the service provider;
if the application does not meet the requirements established by Article 119 of the Code;
5) for an additional agreement to the contract when extending the period (s) of exploration:
lack of grounds for extending the exploration period, provided for in paragraphs 1-3 of Article 117 of the Code;
the presence of violations of obligations under the contract for subsoil use not eliminated by the service recipient, specified in the notification of the service provider;
if the application does not meet the requirements established by the Code;
6) to obtain an additional agreement to the contract when extending the production period:
if the application is submitted later than the deadline established by paragraph 2 of Article 120 of the Code;
if the field development project provides for a development period less than requested in the application for extending the production period;
in the absence of the intention of the service provider to extend the production period, including in the event of failure to reach an agreement with the service recipient on the assumption of an obligation to implement an industrial and innovative project that provides for the production of products with high added value (higher processing and processing), or other investment obligations, including those provided paragraph 7 of Article 119 of the Code;
if the application does not meet the requirements established by the Code;
7) to obtain an additional agreement to the contract when extending the period of uranium production:
if the application is submitted later than the deadline established by paragraph 2 of Article 173 of the Code;
if the application does not meet the requirements established by the Code;
if the field development project provides for the development of the field for a period less than requested in the application;
in the presence of violations of obligations under the contract for the extraction of uranium, specified in the notification of the service provider, that have not been eliminated by the subsoil user;
in the absence of the intention of the service provider to extend the period of uranium mining;
8) for an additional agreement to the contract when increasing the subsoil plot (plots):
non-compliance with the conditions established in paragraph 1 of Article 113 of the Code;
if the application does not meet the requirements established by the Code;
9) in order to obtain an additional agreement to the contract for the extraction of uranium in case of an increase in the subsoil plot:
if the application does not meet the requirements established by this Code;
non-compliance with the conditions established in paragraph 1 of Article 169 of the Code;
10) to obtain an additional agreement to the contract when reducing the subsoil area:
if the application does not meet the requirements established by the Code;
non-compliance with the conditions established in paragraph 1 of Article 114 of the Code;
11) in order to obtain an additional agreement to the contract for the extraction of uranium in case of a decrease in the subsoil area:
if the application does not meet the requirements established by the Code;
non-compliance with the conditions established in paragraph 1 of Article 170 of the Code;
12) to obtain an additional agreement to the contract when allocating a subsoil plot:
the conditions established in Article 115 of the Code are not met;
if the application does not meet the requirements established by the Code.

10.

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form and through the State Corporation

1) the service recipient has the opportunity to receive public services in electronic form through the web portal of "electronic government", subject to the availability of an electronic digital signature;
2) addresses of places for the provision of public services are located at: 010000, Nur-Sultan city, Kabanbai Batyr Avenue, 19, block "A", telephone: 8 (7172) 78-68-01.
3) contact numbers of inquiry services on the provision of public services are indicated on the Internet resource www.gov.kz, in the section "Ministry of Energy" in the subsection "Services". Unified contact center for the provision of public services 1414, 8 800 080 7777.

  Appendix 2
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

[Name of the MA in the state language)] details of the MA in the state language


 

[Name of the MA (in Russian)] Details of the MA in Russian

Reasoned refusal to further consider the application / in the provision of public services

Number: [number]
Date of Issue: [Date of Issue]

[name of applicant]

[Name of MA], having reviewed your application dated [Application Date] Year No. [Application Number], informs _____________________________________________. [Rejection reason].

[Position of signer]

[Surname, First name, Patronymic (if any) of the signatory]


 

 

  Appendix 3
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

Application for the transfer of subsoil use rights (shares in subsoil use rights)

  _________________________
(name of service provider)

      Hereby _________, (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons or the production of hydrocarbons or uranium production) and the acquirer of the subsoil use right (shares in the subsoil use right) ____

      _______________________________________________________________________

      (last name, first name, patronymic (if it is indicated in the identity document, the name of the legal entity), name of the service recipient) under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons or the production of hydrocarbons or the production of uranium) are asked to amend the contract ________ (number and date of registration of the contract) in connection with the transfer of the subsoil use right (share in the subsoil use right) _________ (indication of the production site (sites)) and the preparatory period (preparatory periods) lasting __________in accordance with paragraph 4 of Article 66 of the Administrative Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the reliability of the data presented.

      In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan "On Public Services" in information systems.

      Thefollowing is additionally attached to the application:

      ___________________________________________________________________

      ___________________________________________________________________

      (last name, first name, patronymic (if any), signature of the holder of the subsoil use right under the contract)

      "__" ____________ 20__

  Appendix 4
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

Application for changing information about the service recipient

  _________________________
(name of service provider)

      Hereby _________ (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) the holder of the subsoil use right under the Contract ___________ (number and date of registration of the subsoil use contract) requests the following amendments to the subsoil use contract: ___________________________ (indication of the changeable information about the service recipient).

      In accordance with paragraph 4 of Article 66 of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the accuracy of the data presented.

      In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan "On Public Services" I agree to the use of information constituting a secret protected by law contained in information systems.

      The application is additionally attached:

      _______________________________________________________________________

      _______________________________________________________________________

      (last name, first name, patronymic (if any)), signature)

      "__" ____________ 20_

  Appendix 5
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

Application for fixing the production site and the preparatory period (preparatory periods)

  _________________________
(name of service provider)

      Hereby _________, (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) the holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons) asks for permission to fix the production site _________ (indication of the production site (sites)) and the preparatory period(s) with a duration of __________ y.

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the reliability of the data presented.

      In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On public services " I agree to the use of information constituting a legally protected secret contained in information systems.

      The application is additionally attached:

      ___________________________________________________________________

      ___________________________________________________________________

      (last name, first name, patronymic (if any)) (signature)

      "__" ____________ 20_

  Appendix 6
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to subsoil
use contracts for hydrocarbons and
uranium mining"
  The form

Application for fixing the site (sites) and the period (s) of production or the period (s) of production

  _________________________
(name of service provider)

      Hereby _________, (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) the holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons or hydrocarbon production) requests to secure the site (sites) _________ (indication of the site ( sites) of production) and period(s) of production or period(s) of production lasting ________ (the duration of the period(s) of production).

      In accordance with paragraph 4 of Article 66 of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information. I confirm the reliability of the data presented.

      In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services”, I agree to the use of information constituting a legally protected secret contained in information systems.

      The application is additionally attached:

      __________________________________________________________________

      __________________________________________________________________

      (last name, first name, patronymic (if any)) (signature)

      "__" ____________ 20__

  Appendix 7
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

Application for amendments to the subsoil use contract in connection with the extension of the exploration period

  _________________________
(name of service provider)

      Hereby _________, (indicate the last name, first name, patronymic (if any) of an

      individual / name of a legal entity) the holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons) requests to extend the exploration period for a duration of __________ (the requested period for extending the exploration period, determined on the basis of the relevant project documents) for the area _________ (indication of the subsoil area (areas) for which (which) an extension of the exploration period is requested) on the basis of __________ (the basis for extending the exploration period).

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code I am aware of the responsibility of the Republic of Kazakhstan for providing false information.

      I confirm the reliability of the data presented. According to subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan

      “On Public Services”, I agree to the use of information constituting a secret protected by law, contained in information systems.

      The following is additionally attached to the application:

      ______________________________________________________________________

      ____________________________________________________ __________________

      (surname, first name, patronymic (if any)) (signature)

      "__" ____________ 20__

  Appendix 8
to the Rules for the Provision of
Public Services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to subsoil
use contracts for hydrocarbon
production of uranium"
  The form

Application for amendments to the subsoil use contract in connection with the extension of the production period

  _________________________
(name of service provider)

      Hereby _________, (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) the holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for hydrocarbon production / uranium production) requests to extend the period of hydrocarbon production / uranium production at the site _________ (indication of the subsoil site (sites) for which (which) the extension of the production period is requested) with a duration of __________ years (the requested period for the extension of the production period, determined on the basis of the relevant project documents or the requested period for the extension of the production period).

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code I am aware of the responsibility of the Republic of Kazakhstan for providing false information. I confirm the reliability of the data presented.

      In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services”, I agree to the use of information constituting a protected by law the secret contained in information systems.

      The following is additionally attached to the application:

      ______________________________________________ ____________________

      (last name, first name, patronymic (if any)) (signature)

      "__" ___________ 20__

  Appendix 9
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

Application for amendments to the subsoil use contract
in connection with an increase or decrease in the subsoil plot (s).

  _________________________
(name of service provider)

      Hereby _____________________________________, (indicate the last name, first name, patronymic (if any) of an individual / name of a legal entity) the holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons / hydrocarbon production / uranium production) requests to increase or decrease the subsoil area _________ (indication of the requested the subsoil plot for which the original subsoil plot is supposed to be increased / indication of the subsoil plot (plots) remaining (remaining) at the service recipient). subsoil ____________ (indication of the subsoil plot (plots) that (which) are supposed to be returned to the state).

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure Code of the Republic of Kazakhstan on I am aware of the responsibility for providing false information.

      I confirm the reliability of the data presented. In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services”, I agree to the use of information constituting a legally protected secret contained in information systems.

      The application is additionally accompanied by:

      _______________________________________________________________________

      ____________________________________________________ __________________

      (surname, first name, patronymic (if any)) (signature)

      "__" ____________ 20__

  Appendix 10
to the Rules for the provision of
public services of the Ministry of
Energy of the Republic of
Kazakhstan "Conclusion (signing)
of additional agreements to
contracts for subsoil use for
hydrocarbon production of
uranium"
  The form

Application for amendments to the subsoil use contract in connection
with the allocation of a site (sites) and a period (s) of production or a period (s) of production

  _________________________
(name of service provider)

      Hereby _________, (indicate the last name, first name, patronymic (if any) of an
individual / name of a legal entity) the holder of the subsoil use right under the contract ___________ (number and date of registration of the contract for the exploration and production of hydrocarbons) requests to allocate a subsoil plot _________________________________ (indication of a subsoil plot (its part), which (which) is supposed to be separated into a separate contract for subsoil use).

      In accordance with paragraph 4 of Article 66 of the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, I am aware of the responsibility for providing false information.

      I confirm the reliability of the data presented. In accordance with subparagraph 12 of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan services” agrees to the use of information constituting a secret protected by law, contained in information systems.

      The following is additionally attached to the application:

      ____________________________________________________________________

      ____________________________________________________________________

      (last name, first name, patronymic (if any)) (signature)

      "__" ____________ 20_