Unofficial translation

      In accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "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 Nur-Sultan, 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 web portal of "electronic government" www.egov.kz, www.elicense.kz (hereinafter- the portal), in accordance with paragraph 8 of the public service standard "Issuance of a license for tourist operator activities (tour operator activity)" (hereinafter-the Standard) in accordance with Appendix 1 to these Rules.

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

      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. On the day of receipt of documents, the office of the service provider shall carry out their reception, registration and transfer them for execution to the responsible structural unit of the service provider (hereinafter- an employee of the service provider).

      When the service recipient applies after the end of working hours, on weekends and holidays, in accordance with labour legislation, the acceptance of applications and issuance of the results of provision of a public services shall be carried out on the next working day.

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

      Information about identity documents, state registration (re-registration) of a legal entity, confirming the payment of a license fee for the right to engage in certain types of activities, the service provider receives from the relevant state information systems through the e-government gateway.

      If the service recipient submits an incomplete package of documents, the service provider’s employee, within the time limits specified in part three of this paragraph shall prepare a reasoned refusal to further consider the application in the form of an electronic document, signed by an electronic digital signature (hereinafter-the EDS) of the head of a service provider, and send it to the service recipient’s personal account on the portal.

      When identifying the grounds for refusing 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 so that the service recipient can express his position on the preliminary decision.

      Notification of the hearing shall be sent at least 3 (three) working days before the end of the term for the provision of a public service. 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 to 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 Standard. An employee of the service provider, within 6 (six) working days shall review the submitted documents for compliance of the service recipient with the qualification requirements for tourist operator activities and the list of documents confirming compliance with them, approved by the order of the Minister for 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- qualification requirements). If the service recipient complies with 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 Standard shall prepare a reasoned refusal to further consider the application in the form of an electronic document signed by an EDS of the head of the service provider, and send to the service recipient’s personal account on the portal.

      7. To reissue a license and (or) an appendix to the license in cases of reorganization of a legal entity-licensee in the forms of separation and division, the service recipient shall provide a full package of documents specified in paragraph 8 of the Standard. An employee of the service provider within 6 (six) working days shall review the submitted documents for compliance with the qualification requirements. If the service recipient complies with the qualification requirements, the service provider's employee within the specified period shall reissue the 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 Standard shall prepare a reasoned refusal to further consider the application in the form of an electronic document signed by an EDS of the head of a service provider and send it to the service recipient’s personal account on the portal.

      When reissuing a license and (or) an appendix to the license, except for the cases of reorganization of a legal entity-licensee in the forms of separation and division, an employee of the service provider shall not check the service recipient for compliance with the qualification requirements and shall reissue the license and (or) an appendix to the license within 3 (three) working days.

      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. Appeal against decisions, actions (inactions) of the service provider and (or) its officials on the provision of public services: the complaint shall be filed in the name of the head of the service provider.

      The complaint shall be submitted in writing by mail, through the portal or in person through the office of the service provider.

      Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of the service provider, indicating the name and initials of the person who accepted the complaint, the date and place of receipt of a response to the complaint filed.

      The complaint states:

      1) surname, name, patronymic (if any), postal address (for an individual);

      2) name, postal address (for a legal entity).

      The outgoing number and date of the complaint shall be signed by the service recipient.

      The complaint shall be subject to consideration within 5 (five) working days from the date of its registration. A reasoned response on the results of consideration of the complaint shall be sent to the service recipient by mail or issued by personal delivery in the office of the service provider.

      Information on the procedure for appealing through the portal of actions (inaction) of an employee of the service provider can be obtained by calling the telephone number of the unified contact-centre for the provision of public services: 1414.

      In the case of an electronic application through the portal, the service recipient shall have access to information about the application from the “personal account”, which is updated during processing (marks on delivery, registration, execution, response on consideration or refusal to consider).

      In case of disagreement with the results of the public service rendered, the service recipient may file a complaint with the authorized body for assessing and monitoring the quality of public services.

      The complaint of the service recipient received by the authorized body for assessing and monitoring the quality of provision of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.

      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.

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 carrying out tour operator activity

      1. Formed tourist product:

      1) number of the contract with third parties for the provision of certain tourist services,

      included in the formed tourist product _______________________________;

      2) date of conclusion of the contract ___________________________________________.

      2. Presence of at least one employee with a tourism education with experience

      work for at least one year:

      1) specialty and qualification _______________________________________;

      2) number of the diploma of higher education according to the profile of the licensed type of activity

      _____________________________________________________________________;

      3) date of issue of the diploma ________________________________________________;

      4) name of the educational institution ____________________________________;

      5) work experience of an employee with a tourism education ______________________.

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

      _________________________________________________________________________

      _____________________________________________________________________.

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

      4. Agreement for the introduction of a bank guarantee 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 tourism activities 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).