The legislator makes steps towards foreign investors and so makes amendments to certain regulatory framework. In particular, in this note we will look through the amendments that have affected licensees that apply for a license in the field of architecture and urban planning.
Prior to September 29, 2014, the body authorized to approve the qualification requirements in terms of carrying out licensed activities in the field of architecture, urban planning and construction was the Government of the Republic of Kazakhstan. On September 29, 2014, these powers were transferred to the Authorized State Body for Architecture, Urban Planning and Construction. Such body is currently the Ministry of National Economy of the Republic of Kazakhstan. Relevant amendments were made to the Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan".
Order #136 of Acting Minister of the National Economy of the Republic of Kazakhstan of December 9, 2014 (the entry # 9994 in the Ministry of Justice of the Republic of Kazakhstan of 24.12.2014; the Order was published on 26.12.2014) approved the new uniform qualification requirements and a list of the documents confirming the compliance with them with regard to the carrying out of activities in the field of architecture, urban planning and construction.
We present for your attention a brief overview of the amendments that came into legal force on January 17, 2015:
1. In all types of licenses relating to the said qualification requirements, the obligation to provide confirmation of the admission of the responsible workers to work in seismic hazard areas was revoked.
We suppose that such revocation was caused firstly by a small number of seismic hazard areas in Kazakhstan, and secondly by the fact that over the past few years, only one private company in Kazakhstan has been certified to conduct such training.
2. The obligation to provide confirmation of the availability of "tools" with regard to the survey/ construction and installation works (1, 2, 3 category) was annulled from the requirements to the materials and technical equipment.
Apparently, “tools” was finally recognized as equipment, which does not affect the fundamental possibility of the licensee to carry out the licensed types of activities.
3. The experience of work of the licensee is confirmed, among other ways, by the license or other equivalent permit given to a foreign company. The experience of work is calculated from the date of issue of the license/equivalent document. The reservation has been adopted concerning the license for the design/construction and installation works of Categories 1 and 2 providing that in case of termination of the license, the experience of work is annulled.
This means that the experience of work must be continuous.
4. The legislator gave some latitude to the licensees of Category 1, which intend to get a license for the design and/or construction and installation works.
No need to produce the following information:
- Confirming the experience of the licensee (license or other equivalent permits);
- On the previously executed works/projects (contracts, certificates of commissioning, certificates of acceptance of services rendered/works completed);
- Positive feedback from the customers and/or project operators, the interested local executive bodies (letters with the reference to specific projects/works).
These concessions relate to the licensee (legal entity), the participant(s)/shareholder(s) of which is a resident legal entity of the Republic of Kazakhstan and a foreign legal entity, in which the participant/shareholder as a resident legal entity of the Republic of Kazakhstan holds 50 or more shares in the authorized capital/shareholding and has a license of Category 1 to engage in project activity/construction and installation works.
With this, the below documents shall be necessarily produced as confirmation:
- A copy of the license of Category 1 of the resident legal entity of the Republic of Kazakhstan;
- Information on the participants/shareholders with the indication of the size of participation/shareholding on each of the founder/shareholder;
- Legalized extract from the trade register or other legalized document certifying that the foreign legal entity as the participant/shareholder is a legal entity under the laws of its home country, with a notarized translation of it into the official and Russian languages.
5. The data form as an attachment to the Application for a license, has also undergone some insignificant changes.
If you need updated information on the qualification requirements to obtain a license in the field of architecture, urban planning and construction activities in Kazakhstan, do not hesitate to contact us.
Prepared by Andrey Artyushenko, Managing Partner
Posted on 10.02.2015
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