Unofficial translation

      In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” I HEREBY ORDER:

      1. To approve the attached Rules for provision of public service "Issuance of a license for tourist operator activity (tour operator activity)".

      2. To recognize as invalid some orders of the Ministry for Investment and Development of the Republic of Kazakhstan and the Minister of Culture and Sports of the Republic of Kazakhstan in accordance with the appendix to this order.

      3. The Committee of tourism industry of the Ministry of Culture and Sports of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:

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

      2) within two working days after its official publication, placement of this order on the Internet resource of the Ministry of Culture and Sports of the Republic of Kazakhstan;

      3) within two working days after the implementation of the measures provided for by this order, submission of information to the Department of Legal Service of the Ministry of Culture and Sports of the Republic of Kazakhstan on implementation of the measures.

      4. The supervising Vice-Minister of Culture and Sports of the Republic of Kazakhstan is authorized to control execution of this order.

      5. This order comes into effect upon the expiration of twenty one calendar days after the day of its first official publication.

      "AGREED"
Ministry of digital development,
innovations and aero-space industry
of the Republic of Kazakhstan

      "AGREED"
Ministry of national economy
of the Republic of Kazakhstan

Rules for the provision of a public service "Issuance of a license for tourist operator activities (tour operator activity)"

      Footnote. Rules are in the wording of the order of acting Minister of Culture and Sports of the Republic of Kazakhstan dated 06.08.2021 No. 259 (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for the provision of a public service "Issuance of a license for tourist operator activities (tour operator activity)" (hereinafter- the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter-the Law) and shall determine the procedure for rendering a public service "Issuance of a license for tourist operator activities (tour operator activity)" (hereinafter- the public service).

      2. The public service shall be provided by local executive bodies of regions, the cities of Astana, Almaty and Shymkent (hereinafter - the service provider) to legal entities and individuals (hereinafter - the service recipient) in accordance with these Rules.

Chapter 2. The procedure for the provision of a public service

      3. To receive a public service, the service recipients shall send the documents to the service provider through the “electronic government” web portal www.egov.kz, www.elicense.kz (hereinafter - the portal), in accordance with paragraph 8 of the list of basic requirements for the provision of public services “Issuance of a license for tourist operator activities (tour operator activity)” (hereinafter - the List) in accordance with Appendix 1 of these Rules.

      The basic requirements for the provision of a public service, including characteristics of the process, form, content and result of providing a public service, as well as other information taking into account the specifics of providing a public service are set out in the List.

      The authorized body in the field of tourism activities shall send information on the procedure for providing a public service and on the changes and additions made to these Rules to the Unified Contact Center, the operator of the information and communication infrastructure of “electronic government”, as well as to the service providers within 3 (three) working days after state registration with the justice authorities of the relevant regulatory legal act.

      4. Application forms of the service recipient for obtaining a license and (or) an appendix to the license, for reissuing a license and (or) an appendix to the license, as well as information on compliance with qualification requirements and a list of documents confirming compliance with them for carrying out tour operator activities shall be submitted to the portal in accordance with Appendices 2, 3, 4, 5 and 6 to these Rules.

      5. The office of the service provider on the day of receipt of the documents shall carry out their reception, registration and transfer for execution to the responsible structural subdivision of the service provider (hereinafter – the employee of the service provider).

      When a service recipient applies after the end of working hours, on weekends and holidays, in accordance with labor legislation, the applications shall be accepted and results of the provision of public services shall be issued on the next working day.

      An employee of the service provider shall check the completeness of the submitted documents within two working days from the date of registration of documents.

      Information about identity documents, state registration of an individual entrepreneur, state registration (re-registration) of a legal entity, confirming payment of a license fee for the right to engage in certain types of activities, shall be received by the service provider from the relevant state information systems through the “electronic government” gateway.

      If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider’s employee, within 2 (two) working days from the date of registration of the submitted documents, shall prepare a reasoned refusal to further consider the application in the form of an electronic document, signed with an electronic digital signature (hereinafter – EDS) of the head of the service provider, and send it to the service recipient in the personal account of the portal.

      When identifying grounds for refusal to provide a public service, the service provider shall notify the service recipient of the preliminary decision to refuse to provide a public service, as well as the time and place (method) of the hearing to allow the service recipient to express a position on the preliminary decision.

      Notification of the hearing shall be sent no less than 3 (three) working days before the end of the period for the provision of a public service in accordance with Article 73 of the Administrative Procedural Code of the Republic of Kazakhstan. The hearing shall be held no later than 2 (two) working days from the date of notification.

      Based on the results of the hearing, the service provider shall issue the result of the provision of a public service or a reasoned response about the refusal to provide a public service.

      6. To obtain a license and (or) an appendix to the license, the service recipient shall submit a complete package of documents specified in paragraph 8 of the List. An employee of the service provider, within 6 (six) working days, shall review the submitted documents to determine whether the service recipient meets the qualification requirements for tourism operator activities and the list of documents confirming compliance with them, approved by the order of the Minister of Investments and Development of the Republic of Kazakhstan dated January 30, 2015 No. 79 (registered in the Register of state registration of regulatory legal acts under No. 10484) (hereinafter - the qualification requirements). If the service recipient meets the qualification requirements, the service provider’s employee within the specified period shall generate a license and (or) an appendix to the license, in case of non-compliance with the qualification requirements and on the grounds provided for in paragraph 9 of the List, shall prepare a reasoned refusal to further consider the application in the form of an electronic document, signed with an electronic signature of the head of the service provider, and send the service recipient to the personal account of the portal.

      The processes for providing public services for all subtypes are identical.

      7. To re-issue a license and (or) an appendix to the license in cases of reorganization of the legal entity-licensee in the forms of separation and division, the service recipient shall submit a full package of documents specified in paragraph 8 of the List. The service provider's employee shall review the submitted documents for compliance with the qualification requirements within 6 (six) working days. If the service recipient meets the qualification requirements, the service provider’s employee shall reissue the license and (or) an appendix to the license within the specified period; in case of non-compliance with the qualification requirements and on the grounds provided for in paragraph 9 of the List, shall prepare a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic signature of the head of the service provider, and send the service recipient to the personal account of the portal.

      When re-issuing a license and (or) an appendix to the license, except in cases of reorganization of a legal entity-licensee in the forms of separation and division, the service provider’s employee shall not check whether the service recipient meets the qualification requirements and within 3 (three) working days shall re-issue the license and (or) an appendix to the license.

      The processes for providing public services for all subtypes are identical.

      8. Re-issuance of a license and (or) an appendix to the license shall be carried out in the following cases:

      1) changes in the surname, name, patronymic (if any) of an individual licensee;

      2) re-registration of an individual entrepreneur-licensee, change of its name or legal address;

      3) reorganization of a legal entity-licensee in the form of merger, transformation, accession of the legal entity-licensee to another legal entity, separation and division;

      4) changes in the name and (or) location of a legal entity-licensee (in case of specifying the address in the license).

      9. The service provider shall ensure that data on the stage of provision of a public service are entered into the information system for monitoring the provision of public services in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law.

      When providing a public service through the state information system of permits and notifications, data on the stage of its provision shall be automatically sent to the information system for monitoring the provision of public services.

      10. Registration and accounting of issued permits shall be carried out automatically in the state information system of permits and notifications.

Chapter 3 The procedure for appealing decisions, actions (inaction) of central state bodies, the service provider and (or) their officials on the provision of a public service

      11. Consideration of a complaint regarding the provision of public services shall be carried out by a higher administrative body, an official, an authorized body for assessing and monitoring the quality of providing public services (hereinafter - the body considering the complaint).

      The complaint shall be submitted to the service provider and (or) an official whose decision, action (inaction) is being appealed.

      The service provider, the official whose decision, action (inaction) is being appealed, no later than 3 (three) working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.

      At the same time, the service provider, an official whose decision, action (inaction) is being appealed, shall have the right not to send a complaint to the body considering the complaint if he/she makes a decision or other administrative action within 3 (three) working days that fully meets the requirements specified in the complaint.

      The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, shall be subject to consideration within 5 (five) working days from the date of its registration.

      The complaint of the service recipient received by the body considering the complaint shall be subject to consideration within 15 (fifteen) working days from the date of its registration.

      Unless otherwise provided by the laws of the Republic of Kazakhstan, an appeal to the court shall be allowed after a pre-trial appeal in accordance with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.

      The processes for providing public services for all subtypes are identical.

      12. In cases of disagreement with the results of the rendered public service, the service recipient shall apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

List of basic requirements for the provision of a public service “Issuance of a license for tourist operator activities (tour operator activity)”

      Footnote. Appendix 1 is in the wording of the order of the Minister of Culture and Sports of the Republic of Kazakhstan dated 05.12.2022 No. 351 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Application of a legal entity for obtaining a license and (or) an appendix to the license

      I hereby ask to issue a license and (or) an appendix to the license to carry out

      ________________________________________________________________________

      (indicate the name of the type and (or) subtype (s) of activity)

      Legal entity address

      ________________________________________________________________________

      ________________________________________________________________________

      (postal code, country (for a foreign legal entity), region, city, district,

      settlement, street name, house/building number (stationary premises)

      E-mail __________________________________________________

      Phones ________________________________________________________________

      Fax ______________________________________________________________

      Bank account _____________________________________________________

      (account number, name and location of the bank)

      Address(es) of carrying out activities ___________________________________

      ________________________________________________________________________

      postal code, region, city, district, settlement, street name, house/building number (stationary premises)

      ____________ sheets are attached.

      It is hereby confirmed that:

      all specified data are official contacts and any information on the issues of issuing or refusing to issue a license and (or) an appendix to the license can be sent to them;

      the service recipient is not prohibited by the court from engaging in the licensed type and (or) subtype of activity;

      all attached documents are true and valid;

      I agree to the use of personal data of a limited access, constituting a secret protected by law, contained in the

      information systems, when issuing a license and (or) an appendix to the license;

      The application is certified by EDS:

      ________________________________________________________________________

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

Application of an individual for obtaining a license and (or) an appendix to the license

      I hereby ask to issue a license and (or) an appendix to the license to carry out

      ________________________________________________________________________

      (indicate the name of the type and (or) subtype (s) of activity)

      Residence address of an individual _______________________________

      ________________________________________________________________________

      (postal code, region, city, district, settlement, street name, house/building number)

      E-mail ____________________________________________________

      Phones ____________________________________________________________

      Fax ________________________________________________________________

      Bank account ______________________________________________________

      (account number, name and location of the bank)

      Address of carrying out an activity ____________________________________________

      ________________________________________________________________________

      (postal code, region, city, district, settlement, street name, house/building number (stationary premises))

      ____________ sheets are attached.

      It is hereby confirmed that:

      all specified data are official contacts and any information on the issues of issuing or refusing to issue a license and (or) an appendix to the license can be sent to them;

      the service recipient is not prohibited by the court from engaging in the licensed type and (or) subtype of activity;

      all attached documents are true and valid;

      agrees to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) an appendix to the license;

      The application is certified by EDS: ____________________________________________

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

Information on compliance with qualification requirements and the list of documents, confirming compliance with them for the implementation of tour operator activity

      Footnote. Appendix 4 is in the wording of the order of the Minister of Culture and Sports of the Republic of Kazakhstan dated 12.04.2023 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      1. Formed tourist product:

      1) numbers of contracts with third parties for the provision of individual tourist services included in the formed tourist product

      _____________________________________________________________________;

      2) date of conclusion of contracts ___________________________________________.

      2. The presence of at least one employee with a tourist education who has at least one year of work experience:

      1) specialty and qualification ________________________________________;

      2) number of the diploma of higher or secondary vocational education according to the profile of the licensed activity

      _____________________________________________________________________;

      3) date of issue of the diploma ________________________________________________;

      4) name of the educational institution _____________________________________;

      5) work experience of an employee with a tourist education_ _____________________.

      3. Office premises on the right of ownership or other legal grounds

      _____________________________________________________________________.

      (name, number and date of the title document for the office premises)

      4. An agreement of bank guarantee deposit concluded with a second-tier bank

      of the Republic of Kazakhstan in accordance with subparagraph 1) of paragraph 1

      of Article 27-3 of the Law of the Republic of Kazakhstan "On tourist activity in the Republic of Kazakhstan"

      __________________________________________________________.

      (for tour operators in the field of outbound tourism)

Application of a legal entity for reissuance of a license and (or) an appendix to the license

      I hereby ask to reissue the license and (or) an appendix to the license No. _________

      dated "___" _________ 20 ___, issued by _____________________________

      _________________________________________________________________________

      (number(s) of the license and (or) appendix (ces) to the license, date of issue, name of the

      licensor, who issued the license and (or) appendix (ces) to the license)

      for carrying out _____________________________________________________________

      (name of the type and (or) subtype (s) of activity)

      for the following reason(s) (indicate X in the appropriate box):

      1) reorganization of a legal entity-licensee in accordance with the procedure determined by Article 34 of the Law of the Republic of Kazakhstan "On Permits and Notifications" by (indicate X in the appropriate box):

      merger ____

      reorganization ____

      joining ____

      separation ____

      division____;

      2) change of the name of a legal entity-service recipient __________;

      3) change of location of a legal entity-service recipient _______;

      4) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan

      _________________________________________________________________________;

      5) change in the name of the type and (or) subtype of activity _____________.

      Address of a legal entity _____________________________________________

      ________________________________________________________________________

      (country (for a foreign legal entity), postal code, state, city, district,

      settlement, street name, house/building number (stationary premises).

      E-mail ____________________________________________________

      Phones ____________________________________________________________

      Fax ________________________________________________________________

      Bank account ______________________________________________________

      (account number, name and location of the bank)

      ____________ sheets are attached.

      It is hereby confirmed that:

      all specified data are official contacts and any information on the issues of issuing or refusing to issue a license and (or) an appendix to the license can be sent to them;

      the service recipient is not prohibited by the court from engaging in the licensed type and (or) subtype of activity;

      all attached documents are true and valid;

      agrees to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) an appendix to the license;

      The application is certified by EDS:

      _________________________________________________________________________

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

Application of an individual for reissuance of a license and (or) an appendix to the license

      I hereby ask to reissue the license and (or) an appendix to the license

      No. _____ dated "___" __________ 20___, issued by _______________________________

      (number(s) of the license and (or) appendix (ces) to the license, date of issue, name of

      the licensor who issued the license and (or) appendix (ces) to the license)

      for carrying out _____________________________________________________________

      (name of the type and (or) subtype (s) of activity)

      for the following reason(s) (indicate X in the appropriate box):

      1) changes in the surname, name, patronymic (if any) of the individual-service recipient _______;

      2) re-registration of an individual entrepreneur-service recipient, change of its name _______;

      3) re-registration of an individual entrepreneur-service recipient, change of its legal address

      _________________________________________________________________________

      _____________________________________________________________________;

      4) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan ____;

      5) change in the name of the type and (or) subtype of activity ______________.

      Residence address of an individual _________________________________

      ________________________________________________________________________

      (postal code, region, city, district, settlement, street name, house/building number)

      E-mail _____________________________________________________

      Phones ____________________________________________________________

      Fax _________________________________________________________________

      Bank account _____________________________________________________________

      (account number, name and location of the bank)

      _____ sheets are attached.

      It is hereby confirmed that:

      all specified data are official contacts and any information on the issues of issuing or refusing to issue a license and (or) appendix to the license can be sent to them;

      the service recipient is not prohibited by the court from engaging in the licensed type and (or) subtype of activity;

      all attached documents are true and valid;

      agrees to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) an appendix to the license;

      The application is certified by EDS: ____________________________________________

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

List of certain orders of the Ministry for Investment and Development of the Republic of Kazakhstan and the Minister of Culture and Sports of the Republic of Kazakhstan that have become invalid

      1. Order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 No. 495 "On approval of standards of public services in the field of tourism" (registered in the Register of state registration of regulatory legal acts under No. 11578, published on July 24, 2015 in the information and legal system "Adilet").

      2. Order of the acting Minister for Investment and Development of the Republic of Kazakhstan dated November 26, 2015 No. 1112 "On amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 No. 495 "On approval of standards of public services in the field of tourism" (registered in the Register of state registration of regulatory legal acts under No. 12865, published on January 28, 2016 in the information and legal system "Adilet").

      3. Order of the acting Minister for Investment and Development of the Republic of Kazakhstan dated January 26, 2016 No. 78 "On amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 No. 495 "On approval of standards of public services in the field of tourism" (registered in the Register of state registration of regulatory legal acts under No. 13292, published on March 14, 2016 in the information and legal system "Adilet").

      4. Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated July 5, 2017 No. 204 "On amendments to certain orders of the Minister for Investment and Development of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts under No. 16031, published on December 13, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

      5. Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated January 11, 2018 No. 13 "On amendments to certain orders of the Ministry for Investment and Development of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts under No. 16628, published on March 28, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

      6. Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated January 14, 2019 No. 6 "On amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 No. 495 "On approval of standards of public services in the field of tourism" (registered in the Register of state registration of regulatory legal acts under No. 18204, published on January 28, 2019 in the Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

      7. Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated April 18, 2019 No. 105 "On amending the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 No. 495 "On Approval of the standards of public services in the field of tourism" (registered in the Register of state registration of regulatory legal acts under No. 18599, published on May 4, 2019 in the Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

      8. Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated July 12, 2019 No. 196 "On amendments to certain orders of the Ministry for Investment and Development of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts under No. 19070, published on August 2, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).