07.04.2013

On National Chamber of entrepreneurs of the Republic of Kazakhstan

Unofficial translation

      This Law regulates social relations arising in connection with the establishment and activities of the National chamber of entrepreneurs of the Republic of Kazakhstan, development of entrepreneurship in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used in this Law:
      1) business entities - commercial legal entities, individual entrepreneurs, peasant (farm) economy, registered in accordance with legislation of the Republic of Kazakhstan and carrying out entrepreneurial activities on the territory of the Republic of Kazakhstan;
      2) National chamber of entrepreneurs of the Republic of Kazakhstan (hereinafter – National chamber) - non-profit, self-regulatory organization, that is a union of business entities, created with the purpose of ensuring a favorable legal, economic and social conditions for entrepreneurship and development of mutually beneficial partnership between the business community and state authorities of the Republic of Kazakhstan, as well as encouraging and supporting the activities of associations of individual entrepreneurs and (or) legal entities in the form of associations (unions) (hereinafter - Association (Union);
      3) public monitoring - the activities of the National chamber for the collection, collation, analysis and synthesis of information, including the assessment of the achievement of the degree of solution of the problems and objectives the decision of that is addressed to regulatory legal act and its impact on the situation of entrepreneurship in the Republic of Kazakhstan;
      4) mandatory membership dues and fees - annual contributions of business entities, paid in National chamber in accordance with procedure and the sizes established in accordance with this Law;
      5) self-regulatory organization - non-profit organization established for the purposes provided for by this Law, based on the membership of business entities under the principle of their unity;
      6) accreditation in the system of the National chamber - recognition of the National chamber of conformity of associations (unions) to the established criteria for representation of interests of business entities in governing bodies and working bodies of the National chamber;
      7) the rating " Business climate" - an independent study of the conditions of entrepreneurial activity, assessment and comparison of results of work of the central state and local executive bodies, based on the results of public analysis of regulatory impact of regulatory legal acts and regulatory instruments, as well as analysis of existing law enforcement practice.

Article 2. The legislation of the Republic of Kazakhstan on National chamber

      1. The legislation of the Republic of Kazakhstan on National chamber shall be based on the Constitution of the Republic of Kazakhstan and shall consist of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes different rules than those contained in this Law, the rules of an indicated treaty shall be applied.

Article 3. Purpose, tasks and system of National chamber

      1. The purpose of creation of the National chamber shall be the creation of an institutional basis for the growth and further development of entrepreneurship in the Republic of Kazakhstan.
      2. The tasks of the National chamber shall be:
      1) consolidation of the entrepreneurial community;
      2) representation, ensuring and protection of rights and legal interests of business entities;
      3) organization of effective interaction of business entities and their associations (unions) of state bodies;
      4) promotion in creation of a favorable legal, economic and social conditions for entrepreneurship in the Republic of Kazakhstan;
      5) participation in the process of improvement of the legislation of the Republic of Kazakhstan concerning the interests of entrepreneurship;
      6) other tasks provided for by the legislative acts of the Republic of Kazakhstan.
      3. In the system of the National chamber shall be included:
      1) at the republican level:
      National chamber;
      accredited in the National chamber the republican intersectoral, sectoral associations (unions), as well as to republican associations (unions) of small, medium, and (or) large entrepreneurship;
      2) at the territorial level:
      chamber of entrepreneurs of oblast, cities of republican significance and capital (hereinafter - the regional chamber);
      accredited in the regional chambers of regional intersectoral, regional sectoral associations (unions), as well as regional associations (unions) of small, medium, and (or) large entrepreneurship;
      accredited in the regional chambers oblasts, cities of oblast, republican significance and the capital of associations (unions);
      accredited in the regional chambers district, towns of regional significance associations (unions);
      3) at district level:
      the branches of the regional chambers in regions of relevant area, cities of oblast, republican significance and the capital, as well as in cities of regional significance (hereinafter - branches of regional chambers);
      4) legal entities with participation of the National chamber as a founder, created for realization of the purposes of this Law;
      5) branches and representative offices of the National chamber, located on the territory of a foreign state.

Article 4. Principles of activity of the National chamber

      1. The activities of the National chamber shall be based on the principles of:
      1) independence;
      2) equality of all business entities;
      3) making decisions that do not contradict with the main directions of domestic and external policy of the state;
      4) self-regulation;
      5) transparency of activity, accountability, responsibility towards its members;
      6) efficiency, consistency and efficiency in decision making and implementation;
      7) development of intersectoral, sectoral and regional associations (unions);
      8) the social responsibility of business;
      9) the promotion in ensuring the safety of goods, works and services for life and health of humans and the environment, produced by manufacturers of goods, works and services;
      10) ensure the balance of interests of the society and entrepreneurship.
      2. National chamber shall be formed on the principle of obligatory membership of business entities, registered (authenticated account registration) in accordance with the legislation of the Republic of Kazakhstan, except for business entities, for that the legislation of the Republic of Kazakhstan stipulates the obligatory membership in other non-profit organizations as well as state enterprises.

Chapter 2. Interaction with the Government of the Republic of Kazakhstan, state bodies, associations (unions), individuals with participation of the National chamber as amended by the Law of the Republic of Kazakhstan dated founder

Article 5. Interaction with the Government of the Republic of Kazakhstan, state bodies

      1. The Government of the Republic of Kazakhstan shall:
      1) approve limits of mandatory membership dues and fees;
      2) define the procedure of payment of compulsory membership dues and fees in the National chamber;
      3) perform other functions assigned to him by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      2. Interaction of the Government of the Republic of Kazakhstan and the National chamber shall be aimed at achieving its objectives and tasks.
      3. Interaction of the National chamber with the Government of the Republic of Kazakhstan and state bodies shall be carried out in accordance with the procedure provided for by this Law and other regulatory legal acts, in:
      1) form of participation of the National chamber in the development and examination of draft regulatory legal acts affecting interests of the subjects of the private entrepreneurship;
      2) form of creation of the National chamber of advisory and consultative bodies with the participation of central and local state organs;
      3) form of participation of the National chamber in the work of advisory and consultative bodies at central and local state bodies, created on issues affecting the rights and obligations of business entities;
      4) other forms aimed at realization of the purpose of creation, tasks and functions of the National chamber.
      4. State bodies shall be obliged in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan, to submit at the request of the National chamber the information affecting the rights and obligations of entrepreneurs of the Republic of Kazakhstan, with the exception of information constituting commercial, banking or other secret protected by the law.

Article 6. Interaction of the National chamber with associations (unions)

      1. National chamber to achieve the purpose and objectives, provided for by this Law, shall cooperate with associations (unions), including sectoral, intersectoral, regional associations (unions) of entrepreneurs as well as associations (unions) for small, medium and (or) for large business.
      2. Associations (unions), specified in paragraph 1 of this Article, representing the interests of its members, shall be entitled to:
      1) pass the accreditation in the system of the National chamber in accordance with the procedure provided for by the presidium of the National chamber;
      2) make proposals on improvement of the activity of the National chamber;
      3) make use of professional support from the National chamber as well as services provided by its Charter;
      4) apply to the National chamber with written queries and receive motivated responses;
      5) send its representatives to the training, retraining, qualification improvement, organized by the National chamber;
      6) receive qualified information and analytical support;
      7) enjoy other rights guaranteed by the Constitution of the Republic of Kazakhstan and provided for by the laws of the Republic of Kazakhstan.
      3. Associations (unions), specified in paragraph 1 of this article, accredited in the National chamber shall be entitled to participate in accordance with the procedure provided for by this Law at work:
      1) Conference of the National chamber;
      2) the presidium of the National chamber;
      3) committees of the presidium of the National chamber.
      4. National chamber shall be entitled to involve on a contractual basis accredited in the National chamber associations (unions) to the implementation of functions provided for by this Law and other legislative acts of the Republic of Kazakhstan.
      5. Associations (unions), specified in paragraph 1 of this article, accredited in the regional chamber, shall be entitled to nominate candidates to the regional councils accordance with the procedure provided for by this Law.
      6. Regional chamber within the scope of their own competence, determined by the charter of the regional chamber, shall be entitled to involve on a contractual basis accredited in the regional chamber of associations (unions) to the implementation of functions provided for by this Law and other legislative acts of the Republic of Kazakhstan.

Article 7. Interaction of the National chamber with legal entities with the participation of the National chamber as amended by the Law of the Republic of Kazakhstan dated founder

      1. For purposes provided for by this Law, the National chamber shall be entitled to create legal entities, included in the system of the National chamber.
      2. Goals, tasks and activities of legal entities, specified in paragraph 1 of this Article, shall be determined by the National chamber.

Chapter 3. Competence of the National chamber

Article 8. The procedure of execution of functions of the National chamber

      1. National chamber shall carry out the functions provided for by this Law and other legislative acts of the Republic of Kazakhstan.
      2. Taking into account provided for by this Law system National chamber shall:
      1) functions that are implemented on the republican level, provided for by this Law and other legislative acts of the Republic of Kazakhstan and that involve interaction with the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, the central state bodies, carried out by the National chamber;
      2) functions that are implemented on the territorial level, in accordance with this Law and other legislative acts of the Republic of Kazakhstan and that involve interaction with local representative and executive bodies, bodies of local self-government, regional chambers;
      3) functions, that are implemented at the international level, provided for by this Law and other legislative acts of the Republic of Kazakhstan and that involve interaction with foreign and international organizations, as well as functions for the promotion of foreign economic activity of entrepreneurs and attraction of investments into economy of the Republic of Kazakhstan shall be carried out by the National chamber, as well as by branches and representative offices, located on the territory of a foreign state and (or) legal entity with its participation as a founder.

Article 9. Functions of the National chamber on representation, protection of rights and legal interests of business entities

      1. National chamber shall represent, protect the rights and legal interests of the business entities in state bodies of the Republic of Kazakhstan, as well as international organizations and foreign states in accordance with this Law, other regulatory legal acts and the statutes of the National chamber.
      2. The National chamber shall:
      1) represent the interests of entrepreneurship in the Government of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and other state bodies;
      2) participate in development of regulatory legal acts, affecting interests of the business entities;
      3) carry out a mandatory examination of projects of legislative and other regulatory legal acts, affecting interests of the subjects of the private entrepreneurship;
      4) provide development and submission to the Government of the Republic of Kazakhstan proposals on the phased transition in the business environment of the individual functions of regulation of entrepreneurial activities, except for the functions of state regulation of activity of financial organizations and financial markets;
      5) take part in the work of the collegiate consultative and advisory bodies at central and local state organs, created on matters affecting the rights and obligations of entrepreneurs;
      6) form intermediate court and arbitration in accordance with the legislative acts of the Republic of Kazakhstan;
      7) conduct public hearings on questions of entrepreneurship.
      3. Public hearings on questions of entrepreneurship shall be conducted in accordance with the procedure provided for by this Law and the statutes of the National chamber.
      In public hearings can take part the deputies of the Parliament of the Republic of Kazakhstan and local executive bodies, representatives of state bodies, bodies of local self-government bodies, organizations, business entities, funds of mass media.
      Representatives of central executive bodies, that are members of the Government of the Republic of Kazakhstan and local executive bodies shall take part in public hearings on the invitation of the presidium of the National chamber.

Article 10. Functions of the National chamber in the field of public monitoring

      1. The National chamber shall:
      1) carry out public monitoring;
      2) submit to the Government of the Republic of Kazakhstan proposals on improvement of activities of central and local state bodies on the issues of entrepreneurship;
      3) participate in assessing the effectiveness of corporate governance in state-controlled joint stock companies.
      2. National chamber on a regular basis shall carry out the preparation and conduct of independent rating of "Business climate".
      3. National chamber shall provide with information society and the state on the condition of entrepreneurial activity by preparing and publishing annual national report on the condition of entrepreneurial activity in the Republic of Kazakhstan.
      4. National chamber on a regular basis shall carry out collection, compilation and analysis of information on observance by state bodies and (or) public servants of the rights and legal interests of business entities.
      The results of the conducted analysis shall be submitted to the Government of the Republic of Kazakhstan and (or) authorized state bodies.
      The results of the conducted analysis following the results for a year shall be submitted for a consideration to the President of the Republic of Kazakhstan as a part of the annual national report on the condition of entrepreneurial activity in the Republic of Kazakhstan.

Article 11. Functions of the National chamber in the field of organization of supporting and development of entrepreneurship

      1. The National chamber in accordance with the procedure provided for by the regulatory legal acts shall:
      1) carry out functions of the operator of non-financial support to business entities, including service support entrepreneurs provided for by the documents of the system of state planning of the Republic of Kazakhstan;
      2) carry out functions of the system operator for the development and promotion of export of domestic goods and services provided for by documents of a system of state planning of the Republic of Kazakhstan;
      3) participate in the management of special economic zones;
      4) in coordination with the Government of the Republic of Kazakhstan can take part in ensuring construction (reconstruction) and functioning (operation) of the objects of infrastructure border crossing points of the Republic of Kazakhstan, including service (customs) infrastructure, including their equipment and technical facilities (except for special equipment of state control bodies), as well as the maintenance and repair of buildings, premises and facilities necessary for the organization in specified checkpoints on the border, customs controls, by attracting investment;
      5) participate in the development of modern standards of customs infrastructure in order to improve the delivery of services in the field of customs business;
      6) carry out the analysis and generalization of practice of corporate management;
      7) organize the training of entrepreneurs, as well as providing consulting services to them on opening and business dealing;
      8) participate in the development of standards and technical regulations and ensure their compliance by entrepreneurs in accordance with the legislation of the Republic of Kazakhstan.
      2. National chamber shall take part in the development by authorized state bodies of the national fuel and energy balances, realization and consumption of raw materials and goods in the economy.
      3. National chamber shall create and support, the administration and development of the unified web portal for business entities.

Article 12. Functions of the National chamber in the field of supporting of domestic production and increasing the share of local content

      1. National chamber in accordance with the procedure provided for by the regulatory legal acts, shall participate in the implementation of measures on supporting domestic production and increase the share of local content in procurements, including:
      1) forming and maintenance of the database of goods, works, services and of their providers, as well as development criteria of assessment of providers to include them on database;
      2) carrying out the collection, processing and generalization of the data and information on produced, manufactured and planned procurement of goods, works and services at the annual, mid and long term, provided for by an authorized organizations for analysis and monitoring;
      3) carrying out the analysis of the market of goods, works and services, including the creation and maintenance of information analytical system of monitoring of the market of goods, works and services;
      4) conducting analytical research in the field of procurement, and increasing the share of local content.
      2. National chamber shall take part in execution of monitoring on obligations fulfillment by subsoil users in the part of local content in goods, works, services, personnel and social development.

Article 13. Functions of the National chamber in the field of training, retraining, advanced training, certification and evaluation of personnel in the fields of economy and development of technical and professional education

      The National chamber in accordance with the procedure provided for by the regulatory legal acts shall:
      1) participate in the development of sectoral qualifications frameworks, professional standards and maintenance of a registry of professional standards, including in the field of technical and professional education;
      2) take part in the state certification of organization of professional and technical education, with the exception of autonomous organizations of education;
      3) take part in the work of consultative and advisory bodies for licensing educational activities of legal entities that implement educational training programmes for technical and professional education;
      4) provide independent certification of qualification of specialists;
      5) take part in the collegial governing bodies of state organizations of technical and vocational education by agreement, with the exception of autonomous organizations of education;
      6) submit proposals for the formation and placement of state order for training in accordance with the labour market needs branches of economy;
      7) participate in the activities of the sectoral and regional councils for development of technical and professional education and training;
      8) participate in the development of teaching and learning aids, including state compulsory standards of education, educational curricula and plans for technical and professional education;
      9) monitor the needs of business entities in professional staff;
      10) develop and implement measures to promote the employment of specialists;
      11) establish training centres for professional training, retraining, advanced training and qualification in professions (specialties) on technical and service work;
      12) take part in the collection and analysis of information on execution of subsoil commitments on expenditure for training, qualification improvement and retraining of employees that are citizens of the Republic of Kazakhstan, engaged in the implementation of a contract, or training of citizens of the Republic of Kazakhstan on the list of specialties, approved by an authorized body.

Article 14. Functions of the National chamber in the field of development of foreign economic activity of business entities, attraction of investments and diversification of national economy

      The National chamber in accordance with the procedure provided for by the regulatory legal acts and charter of the National chamber shall:
      1) create and liquidate the branches and representative offices abroad;
      2) jointly with foreign organizations form a business councils and other consultative and advisory bodies in accordance with the legislation of the Republic of Kazakhstan and provision of international treaties;
      3) maintain the register of international exhibitions and fairs, national and regional exhibitions and fairs, held in the Republic of Kazakhstan as well as international exhibitions abroad with the participation of the Republic of Kazakhstan;
      4) provide international marketing and advertising support for promotion of Kazakhstan goods and services in the world market;
      5) provide information, appraisal, brokerage, marketing, advertising, translation and consulting services on issues of foreign economic activity;
      6) carry out collection, analysis and providing to its members with information on the legislation of all countries on issues of the regulation of export-import, ongoing fairs, exhibitions, international trade and payments, other issues, related to international trade and domestic activity;
      7) carry out legalization and the identity of the certificate on origin of goods, preparation and issuance of the act of expertise on origin of the goods in accordance with the procedure provided for by the Government of the Republic of Kazakhstan;
      8) store a copy of the certificate on origin of goods and the documents confirming the origin of goods according to the list approved by the state body, carrying out state regulation in the field of technical regulation, not less than three years from the date of issuance of the certificate of goods origin;
      9) at least once a year submit to an authorized body in the field of customs and the state body, carrying out state regulation in the field of technical regulation, samples of stamp, signatures of the persons authorized to certify certificates of origin;
      10) submit quarterly to an authorized body in the field of regulation of trading activities on issued certificates on the origin of goods;
      11) carry out independent examination of goods, with the exception of examination on definition of the country of origin;
      12) determine the order of conducting and keep the register of business entities, participants of foreign economic activity, financial and economic position that allows to determine the level of their reliability as partners for entrepreneurial activities, drawn up as agreed with the specified persons;
      13) evidence of circumstances of force majeure in accordance with the conditions of foreign-trade deals and international treaties of the Republic of Kazakhstan, as well as trade and port customs, recognised by the Republic of Kazakhstan;
      14) be a guarantor and issue documents on temporary importation in accordance with the international obligations of the Republic of Kazakhstan.

Chapter 4. Creation, reorganization and liquidation of the National chamber

Article 15. Particularities of creation the National chamber

      1. The National chamber shall be created in any of the legal form of noncommercial organization.
      National chamber shall not be entitled to engage in political activities, to create and reorganize itself into a political party.
      2. Regional chambers shall be created by the National chamber in each oblast, city of the republican significance and the capital.
      On the territory of the oblast, city of the republican significance and the capital can be created and act only one regional chamber.
      3. In regions of relevant oblast, cities of oblast, republican significance and capital, as well as in the cities of regional importance shall be created branches of the regional chamber.

Article 16. Property of the National chamber

      1. Property of the National chamber can be formed at the expenses of:
      1) mandatory membership dues and fees;
      2) the receipts (incomes) from the provided services;
      3) other not prohibited by the laws of the Republic of Kazakhstan revenues.
      Property of the National chamber formed in accordance with this Law, shall belong to it on the right of ownership.
      2. National chamber shall be entitled to get a governmental tasks and orders in accordance with the legislation of the Republic of Kazakhstan.
      3. The founders of the National chamber shall not have property rights to the property of the National chamber.
      The founders of the National chamber shall not be liable for its obligations, the National chamber shall not be responsible for obligations of its founders.
      4. The income from entrepreneurial activity of the National chamber cannot be distributed among its members and shall be sent to statutory goals.

Article 17. Reorganization and liquidation of the National chamber

      Reorganization and liquidation of the National chamber shall be carried out in accordance with the laws of the Republic of Kazakhstan.

Chapter 5. Management of the National chamber, regional chambers and branches of the regional chambers

Article 18. Bodies of management of the National chamber, regional chambers and branches of the regional chambers

      1. Bodies of management of the National chamber shall be:
      1) conference - the supreme governing body;
      2) presidium - the governing body;
      3) management board - the executive body;
      4) commission of audit - financial supervisory authority.
      2. Management bodies of the regional chambers and branches of the regional chambers shall be:
      1) the regional council - the supervisory authority;
      2) the directorate - the executive body of the regional chamber;
      3) the director - the executive body of the branches of the regional chambers.
      3. In the National chamber can be created other bodies in accordance with its Charter.
      4. The work in the supreme managing body and managing body of the National chamber shall be carried out on a gratuitous basis.

Article 19. The conference of the National chamber

      1. The conference of the National chamber (hereinafter - conference) shall be headed by the chairman of the presidium of the National chamber and shall be formed of an equal number of representatives of accredited republican intersectoral, sectoral associations (unions), as well as to republican associations (unions) of small, medium, and (or) large businesses and delegates of the regional councils.
      2. In the work of conference shall take part representatives of the Government of the Republic of Kazakhstan.
      The Government of the Republic of Kazakhstan shall be entitled to veto on decisions of the conference.
      Procedure of veto shall be determined by the Government of the Republic of Kazakhstan.
      The procedure of overcoming the veto through conciliation shall be approved by the Government of the Republic of Kazakhstan.
      3. The exclusive competence of conference shall be:
      1) approval of the charter of the National chamber, the introduction of amendments and (or) additions;
      2) election and dismissal of members of the presidium of the National chamber and members of the commission of audit of the National chamber;
      3) approval of the quantitative composition of regional councils taking into account the total number of business entities and associations (unions), registered (authenticated user registration) on the territory of the corresponding oblast, city of republican significance and the capital;
      4) approval of reports of the presidium of the National chamber and the managing of the National chamber;
      5) approval of the size of mandatory membership dues and fees;
      6) making decisions on establishment of legal entities with the participation of the National chamber as a founder, the definition of their goals, tasks and authorities;
      7) approval of the budget of the National chamber;
      8) approval of the annual report of the commission of audit of the National chamber;
      9) taking decision on establishing branches and representative offices of the National chamber on the territory of foreign states;
      10) approval of annual report about results of activity of the National chamber, subjected to publication in mass media;
      11) approval of the list of free services, provided to members of the National chamber
      4. The conference shall be entitled to take decisions upon presence at the meeting of the simple majority from the total number of appointed representatives and elected delegates.
      Voting at the conference shall be carried out on principle of "one representative (delegate) - one vote". The voting shall be done in person. The procedure of voting at the conference shall be determined by the charter of the National chamber.
      Decisions on issues belonging to the competence of the conference shall be accepted by a simple majority of the votes present at the meeting of the representatives and delegates.
      Transfer of the voting right, as voting for other persons shall be prohibited.
      5. The procedure for the election of delegates to conference from the regional councils as well as procedure of holding of election of the delegates of the regional councils shall be determined by the charter of the National chamber.

Article 20. Procedure of convocation of a conference

      1. Conference shall be convened by the presidium of the National chamber not less than once a year.
      2. An extraordinary session of conference shall be convened by the decision of the presidium of the National chamber.
      3. Preparation and holding of conference shall be made by the management of the National chamber.
      4. The participants of the conference shall be notified of the upcoming conference not later than forty-five calendar days before date of conference.
      5. Notice on holding of conference shall be published in mass media, distributed on the whole territory of the Republic of Kazakhstan, including on the Internet-resources.
      6. Holding of the second session of conference can be appointed not earlier than the day after the date set for holding of conference in case, if initially conference has not been held.

Article 21. Presidium of the National chamber

      1. Presidium of the National chamber (hereinafter - the Presidium) shall consist of 51 members and shall be headed by a chairman.
      Presidium shall be formed of:
      1) three representatives of the Government of the Republic of Kazakhstan;
      2) sixteen deputies of the Parliament of the Republic of Kazakhstan and public figures of the Republic of Kazakhstan;
      3) sixteen representatives of accredited republican intersectoral, sectoral associations (unions), as well as of republican associations (unions) of small, medium, and (or) large entrepreneurship;
      4) sixteen chairmen of regional councils.
      2. For the purposes of formation of the composition of the presidium by the decision of conference shall be elected and dismissed from the position the members of the presidium:
      1) Chairman of the presidium from among the members of the presidium;
      2) public officials of the Republic of Kazakhstan;
      3) deputies of the Parliament of the Republic of Kazakhstan;
      4) representatives of accredited republican intersectoral, sectoral associations (unions), as well as republican associations (unions) of small, medium, and (or) large entrepreneurship;
      The term of appointment of elected presidium members shall be four years. The procedure of election and dismissal of members of the presidium from the occupied position shall be determined by the charter of the National chamber.
      3. Representatives of the Government of the Republic of Kazakhstan in the amount of three people shall be appointed and removed by the Government of the Republic of Kazakhstan.
      4. To the exclusive competence of the presidium shall be included:
      1) control over course of performance of tasks and goals of the National chamber;
      2) making proposals to the conference on increase of efficiency of activity of the National chamber;
      3) election of the chairman and members of managing of the National chamber;
      4) assisting to the management of the National chamber in cooperation with the state bodies, non-governmental, social and international and other organizations;
      5) appointment of the commission of audit of the National chamber and approving reports on their outcomes;
      6) approving the rules, regulations and other internal documents, used in the activity of the National chamber, unless otherwise provided for by this Law;
      7) approving of qualification requirements for accreditation of associations (unions) in the system of the National chamber and the rules for accreditation of associations (unions) in the system of the National chamber;
      8) appointment of the first directors of legal entities with the participation of the National chamber as a founder, on the proposal of the management of the National chamber;
      9) formation of committees of the presidium, determination of their quantitative and personal composition, approval of the rules of their work;
      10) approval of the standard charter of regional chambers and the model regulations on the branches of the regional chambers; 11) approval of the order of conducting of independent rating of "Business climate", the implementation of public monitoring, preparation and publication of the annual national report on the status of entrepreneurial activity in the Republic of Kazakhstan.
      5. In accordance with the charter of the National chamber the competence of the presidium can be attributed other issues.
      6. Members of the presidium shall be entitled to request from the agencies of administration of the National chamber, legal entities with the participation of the National chamber as the founder the information, associated with implementation of their activities.
      7. The presidium shall be authorized to take decisions upon presence at the meeting of the simple majority from the total number of members of the presidium.
      The procedure of voting at meetings of the presidium shall be determined by the charter of the National chamber.
      Decisions on issues referred to the exclusive scope of competence of the presidium, provided for by this Law, shall be adopted by a qualified majority of votes, constituting not less than two thirds of the total number of votes of the present at the meeting of presidium members.
      Decisions on other issues shall be taken by a simple majority vote of the present at a meeting of the presidium members.
      Transfer of the voting right, as voting for other persons shall not be allowed.

Article 22. Committees of the presidium

      1. Committees of the presidium shall be permanently working bodies of the presidium.
      2. The set of committees and their work shall be determined by the presidium. Committees shall be formed on a sectoral basis. By decision of the presidium can be created by other committees.
      3. The committees shall consist of representatives of the national intersectoral, sectoral associations (unions), as well as of republican associations (unions) of small, medium, and (or) large enterprise, accredited within the National chamber. The set of committee members shall be determined by the presidium, and cannot be less than three.
      4. Committee chairmen shall be elected by the members of the relevant committee from among its members. The procedure of election of chairmen of the committees shall be established by the charter of the National chamber.
      5. The decision of the committee shall be taken by a majority of votes from the total number of committee members. In case of equal number of votes, the vote of the committee chairman shall be decisive.

Article 23. Managing the National chamber

      1. The managing of the National chamber (hereinafter - the managing) shall be carried out by its administration by its activities.
      2. The managing shall be accountable to the conference and the presidium. The term of office and set of composition of the managing members shall be approved by conference.
      3. The composition of the managing members cannot be less than five members. The managing shall be chaired by the chairman.
      4. The chairman and managing members shall be elected by the presidium.
      5. The competence of the managing shall include reviewing and taking decisions on questions of activity of the National chamber that are not in accordance with this Law and the charter of the National chamber of the exclusive competence of the conference and presidium.
      6. Managing meetings shall valid if attended by more than a half of its members. Decisions shall be taken by majority of votes from the set of present members of meeting. Upon equality of votes, the decision shall be considered as adopted, if has voted for it the chairman.
      7. Members of the managing, excluding the chairman, cannot be elected in other management bodies of the National chamber.
      8. The chairman of management shall:
      1) without power of attorney act in the interests and on behalf of the National chamber on the whole territory of the Republic of Kazakhstan and abroad;
      2) carry out current management of the National chamber;
      3) conclude (accept) on behalf of the National chamber contracts and other documents, related to the main activity;
      4) represent the interests of the National chamber and cooperate with state bodies and other organizations;
      5) appoint and dismiss deputy of chairmen of the management board from among the managing members;
      6) organize the work of the National chamber, forms and approve the personnel arrangements, salaries amounts, carry out the recruitment and dismissal of employees in accordance with labor legislation of the Republic of Kazakhstan, adopt, in respect of them measures of encouragement and disciplinary punishment;
      7) open accounts in banks, organize keeping of the accounting records and preparation of financial statements in accordance with the requirements of the legislation of the Republic of Kazakhstan;
      8) manage the assets and property of the National chamber in accordance with this Law and the charter of the National chamber;
      9) organize keeping of the register of members of the National chamber;
      10) organize the information layout on the results of activity of the National chamber, the work of its conference, the presidium, management and commission of audit of the National chamber in mass media information, distributed on the whole territory of the Republic of Kazakhstan, including on the Internet-resources;
      11) exercise other functions that are not prohibited by the laws of the Republic of Kazakhstan and the charter of the National chamber.

Article 24. Commission of audit of the National chamber

      1. To exercise control over financial and business activities of the National chamber by the supreme body of management shall be formed commission of audit of the National chamber (hereinafter - the commission of audit) in an amount not less than five members.
      2. Members of the commission of audit cannot be members and chairmen of the presidium, management board and their close relatives.
      3. The commission of audit shall perform its activities in accordance with the regulations approved by the conference.

Article 25. Regional council

      1. Regional council shall be the supervisory body of the regional chamber and shall consist of delegates from business entities, as well as representatives of associations (unions) within the quota established by congress differentially for each oblast, cities of republican significance and capital.
      2. The delegates of the regional council shall be elected by direct vote for a period of four years.
      3. The basis for inclusion of a business entity in the list of voting members at a particular polling station shall be the fact of its state registration on the territory of the corresponding oblast, city of republican significance and capital, as well as registration of its branch.
      4. Nomination of candidates to the delegates of the regional council shall be carried out by:
      accredited in regional chambers, associations (unions) at the place of registration of the association (union) and (or) its branch;
      business entities at the place of their inclusion in the voter lists.
      5. The regional council shall be headed by a chairman, elected by the members from among its members by secret voting by simple majority vote for a term of their authority. A Chairman of the regional council shall be a member of the presidium.
      6. The regional council shall:
      1) assist the directorate of the regional chamber in cooperation with the bodies of state authorities, non-governmental, public and international organizations;
      2) contribute to the implementation of the program documents, adopted by the management bodies;
      3) elect delegates to the congress;
      4) supervise the implementation of tasks and goals of the National chamber within the framework of regional chamber activity and the branches of the regional chambers;
      5) ensures the consideration of interests of specific industries and sectors of the economy in the current activity of regional chambers;
      6) submit proposals to the congress on increase of efficiency of activity of the National chamber;
      7) agree to assign candidacies of the heads of regional chambers and branches of the regional chambers;
      8) conduct public hearings on the issues of entrepreneurship;
      9) decide on other issues assigned to the regional council in accordance with the charter of the regional chamber.
      7. The members of the regional council shall be entitled to request from the management bodies of regional chambers and its branches, legal entities with the participation of the National chamber as the founder the information, associated with the execution of their activities.
      8. Decisions of the regional council shall be taken by simple majority of votes of members, participating at the session of the regional council. In case of equality of votes the vote of chairman shall be decisive.

Article 26. Executive bodies of the regional chambers, districts and cities branches

      1. The directorate of the regional chamber and director of the branch of the regional chamber shall be appointed by managing board in consultation with the regional council.
      2. In case of a dispute between the regional council and chairman of the managing board presidium shall take decision on the appointment of the directorate of the regional chamber and director of branch of the regional chamber.
      3. Candidates for the position of directorate of regional chamber and the relevant branches of the regional chambers shall be obliged to have qualifications and experience in accordance with the requirements provided for by the conference.

Article 27. Conflict of interests

      Use of official position with the purposes contradicting to the purposes, specified in this Law and the charter of the National chamber shall be prohibited.
      Measures to prevent and (or) regulate the conflict of interests shall be determined by the charter of the National chamber.

Chapter 6. Members of the National chamber. Mandatory membership dues and fees

Article 28. Members of the National chamber

      1. Members of the National chamber shall be business entities, unless otherwise provided for by this Law.
      2. Members of the National chamber shall be entitled to:
      1) make use of professional support and protection by the National chamber, as well as services provided by its charter;
      2) elect and be elected to its governing bodies;
      3) apply to the National chamber with written queries and receive motivated responses within the scope of National chamber competence, submit proposals on improvement of the organization of its activity;
      4) participate in management of the National chamber in accordance with the procedure provided for by this Law and its charter;
      5) training, retraining and raising of qualification, organized by the National chamber;
      6) receive the qualified informational-analytical support, including services of independent experts of various profiles;
      7) hear reports on the activities of the National chamber in accordance with the procedure provided for by its charter;
      8) enjoy other rights provided for by the legislative acts of the Republic of Kazakhstan.
      3. Members of the National chamber shall be obliged to pay mandatory membership dues and fees.
      4. Members of the National chamber shall be equal in their rights.
      5. National chamber shall not be entitled to interfere in the activities of business entities, violate their rights and legal interests.
      6. Dispute resolution shall be implemented in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.

Article 29. Mandatory membership dues and fees

      1. The amount of mandatory membership dues and fees, approved by the congress, annually before July 1, shall be published by the National chamber in mass media, including Internet resources.
      2. In order to determine the amount of the obligatory membership fee business entities, specified in paragraph 2 of article 4 of this Law shall be divided into:
      1) business entities with total annual income of not more than sixty-fold monthly calculation index for the previous reporting calendar year, determined by the law on republican budget and effective on January 1, preceding the reporting calendar year;
      2) business entities with total annual income of over sixty-fold monthly calculation index and not exceeding one-and-a-half-million monthly calculation index for the previous reporting calendar year, determined by the law on republican budget and effective on January 1, preceding the reporting calendar year;
      3) business entities with total annual income of more than one-and-a-half-million monthly calculation index for the previous reporting calendar year, determined by the law on republican budget and effective on 1 January of the previous financial year.
      3. National chamber annually before July 1, shall invoice to the business entities for execution of payments on obligatory membership dues and fee on the basis of information, presented by the tax authorities in accordance with the procedure provided for by the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax code).
      4. The business entities shall pay mandatory dues and fees annually in the period to 31 December.

Chapter 7. Final provisions

Article 30. Responsibility for violation of the legislation of the Republic of Kazakhstan on the National chamber

      Violation of the legislation of the Republic of Kazakhstan on the National chamber shall entail provided for by the laws of the Republic of Kazakhstan responsibility of the National chamber and its officials.

Article 31. Transitional period provisions

      1. The legal entities, registered prior to enactment of this Law, using their full names of the phrases "National chamber of entrepreneurs of the Republic of Kazakhstan", "National chamber of entrepreneurs", shall be subjected to state re-registration within three months from the day of entry into force of this Law in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
      2. Chamber of commerce and industry of the Republic of Kazakhstan and the territorial chamber of commerce and industry shall be subjected to liquidation within one year from the date of the entry into force of this Law in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan. During liquidation of chamber of commerce and industry of the Republic of Kazakhstan and the territorial chamber of commerce and industry remaining after satisfaction the claims of creditors shall be sent to the purposes indicated in the statutory documents.

Article 32. Constituent and transitional periods

      1. To ensure the establishment and functioning of the National chamber shall be defined constituent period of one year and a transition period up to five years from the date of the entry into force of this Law.
      2. The founders of the National chamber shall be the Government of the Republic of Kazakhstan and the association (union), that has branches in all oblasts, cities of the republican significance and capital, as well as the experience of accreditation in the central executive bodies of at least five years.
      3. The founders of the National chamber shall:
      1) approve the charter of the National chamber;
      2) by joint decision appoint members of the presidium, except the chairman of the regional councils in the composition of the presidium per job.
      4. The authority of the conference, assigned by this Law and the charter of the National chamber to the scope of its competence, during the founding period shall be covered by the presidium.
      5. The managing board and the commission of audit shall be appointed by the presidency, on the terms provided for by this Law. On the proposal of the managing board the presidium shall appoint the directorate of relevant regional chambers and of members of regional councils.
      6. The appointed members of the regional councils shall elect their chairs. The chairs of the regional councils shall be members of the presidium after their election.
      7. The chairs of the respective branches shall be appointed by the presidency on the recommendation of managing board.
      8. Congress shall be convened after the founding period taking into account of requirements of this Law. During the first convocation of the congress of the management bodies shall not be elected.
      9. The business entities specified in subparagraph 1) of paragraph 2 of Article 29 of this Law shall exempt from payment of the mandatory membership dues and fees within five years from the moment of the entry into force of paragraph 4 of Article 29 of this Law.
      After a transition period, the decision on exemption from payment of membership dues and fees shall be taken by the congress.
      10. The transition period shall be considered to be expired from the moment of completion of formation of the regional councils in oblasts, cities of republican significance and capital in accordance with article 25 of this Law, as well as convening the next congress.
      11. After a transition period, the Government of the Republic of Kazakhstan shall emerge from the membership of the National chamber.

Article 33. The order of the entry into force of this Law

      1. This Law shall be enforced upon expiry of ten calendar days after its first official publication, except for:
      1) Article 14, that shall be enforced upon expiration of one year after its first official publication;
      2) paragraph 2 of Article 10 and paragraph 4 of Article 29, that shall be enforced from 1 January 2014.
      2. Shall be declared to be no longer in force the Law of the Republic of Kazakhstan dated 3 May 2005 "On chambers of commerce and industry" (Gazette of the Parliament of the Republic of Kazakhstan, 2005, No. 9 article 25; 2009, No. 15-16, article 23; No. 15 article 71) upon expiry of one year after its first official publication of this Law.

      The President
      of the Republic of Kazakhstan


Дата вступления в силу:  07.04.2013
Дата изменения акта:  01.01.2015
Дата принятия акта:  07.04.2013
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