Questions and Answers

Question: What documents are required to open a limited liability partnership?

Answer: In order to register a limited liability partnership in Kazakhstan it is necessary to submit the following:

• identity card of the founder / founders (partner (s));

• precise information on the location of the legal entity (legal address);
• information on the amount of the charter capital;
• specification of the main type of activity;
• name of the limited liability partnership.

Question: What documents will I receive after registration of limited liability partnership??

Answer:

• notarized Charter of the limited liability partnership;
• notarized Founders Agreement (if more than one participant is involved in limited liability partnership);
• minutes of the general meeting of partners or the decision of the sole participant;
• certificate of state registration of a legal entity;
• stamp.

Question: How much does the registration of limited liability partnership or private entrepreneur cost?

Answer: The cost of registration of limited liability partnership of small or medium business entities is 11 000 tenge with one participant, if there are two or more participants, the cost of registration of a limited liability partnership is 36 000 tenge. The same cost is for registration of PE. The price includes notarized Charter of LLP, notarized Founders Agreement (if there is more than one participant in LLP), minutes of general meeting of participants or decision of sole participant, a certificate of state registration of a legal entity and a stamp

Question: What documents are required for opening a Private Entrepreneur?

Answer: Identity card.

Question: What documents are required for obtaining a license in the field of construction and for designing activity?

Answer: Natural and legal entities for designing activity and construction and installation work in the field of architecture, town planning and construction are divided into 3 categories.

The first category is the persons performing activities at the facilities of all levels of liability under the existing license.

The second category is the persons performing activity at the facilities of the second and third levels of liability, as well as work at the first level liability facilities within the existing license under subcontract agreements.

The third category is persons performing activities at the facilities of the second technically uncomplicated and third level of liability, as well as work at the facilities of the first and second level of liability within the existing license under subcontract agreements. The assignment of natural and legal entities to a certain category shall be carried out by a licensor when issuing a license in accordance with the qualification requirements for the designing activity and construction and installation work in the field of architecture, town planning and construction, and is specified in the special provisions of a license

License obtainment procedure.

In order to obtain the third category of the license, the applicant shall meet the following requirements:

• availability in the staff of at least one engineer who has a corresponding certificate for the profile of work that is part of the requested sub-type of the licensed type of activity and who works on a permanent basis at the applicant.
• availability of a production base on the right of ownership (economic management or operational management) and / or leasing;
• availability of a minimum material and technical base on the right of ownership;

Qualification requirements for licensees of 2 and 1 categories are practically the same as for licensees of the third category, except for other special requirements:

• a licensee of the 2nd category shall have at least 5-year work experience, at that work experience calculation starts from the date of obtaining a license as a licensee of the 3rd category;
• availability of at least five sold construction facilities of the second technically uncomplicated and / or third level of liability as a general contractor with submission of documented confirmation or availability of at least ten sold construction facilities of a second technically uncomplicated and / or third level of liability as a subcontractor with documented confirmation;

Other requirements for licensees of the 1st category:

• at least 10 years of work experience, at that work experience calculation starts from the date of obtaining a license for architectural or construction activities, or at least 5 years of experience as a licensee of the 2nd category;
• Availability of at least ten sold construction facilities of the first and / or second level of liability as a general contractor with submission of documented confirmation or at least twenty sold construction facilities of the second technically uncomplicated and / or third level of liability as a subcontractor with submission of documented confirmation;
• availability of a production base on the right of ownership (economic management or operational management).

Question: Why do engineering staff have to pass the certification?

Answer: In accordance with the amendments introduced into the Law of the Republic of Kazakhstan No. 242-II - On Architecture, town planning and construction activities dated July 16, 2001 in the Republic of Kazakhstan, in accordance with item 2-1, Art. 32 of the Law, persons who submitted application for a license for designing activities and construction and installation work, and licensees, performing these types of activities, shall have in their staff certified engineers and technicians (hereinafter – engineering staff).

Question: What documents are required for certification?

Answer: In order to pass the certification, applicants shall send to the Expert Qualification Improvement Center the following documents:

Application form;

1. Copy of the applicant's identity document;
2. Documents for certification: 

• Notarized copy of the diploma of higher vocational education (if there is a scientific degree and academic title - copies of relevant documents);
• Notarized copy of the diploma of secondary vocational education (if there is a scientific degree and academic title - copies of relevant documents);
• Notarized copy of the work record book or other documents confirming the work experience;
• Notarized copies of foreign certificates, certificates and other documents confirming the qualifications for the relevant specializations, if any.

If the applicant provides original document to an employee of the certification center, no notarization is required.

Question: When the qualification certificate is to be issued?

Answer: After consideration of the applicant's documents package for issuance of the qualification certificate, the issuance takes up to 10 working days.

Question: How long does the test for engineering staff certification take?

Answer: 120 minutes.

Question: What languages are used in certification of engineering staff?

Answer: In state and Russian languages.

Question: How many questions are in the test?

Answer: 100 questions in total.

Question: What if an employee failed the certification?

Answer: Employees can retake the test.

Question: What is the maximum quantity of retakes for one employee?

Answer: Quantity of retakes is not limited.

Question: What is the passing score for the certificate?

Answer:

- For engineers participating in the designing process: 60 points for Leading Design Engineer; 70 points for Chief Designer, Architect and Engineer.

- For engineers participating in the construction process: 60 points for Master, Section Foreman, Work Executor; 70 points for Head of the Production and Technical Department and Chief Engineer.

Question: Who shall apply for a permit for foreign manpower?

Answer: The employer, who plans to involve foreign manpower, shall apply for permission. Workers shall not apply for such permit.

Question: What foreigners can apply for an employment authorization on their own?

Answer: Attachment 1 to the Rules and Conditions for Issuing Permits to Foreign Employees for Employment and Employers for the Involvement of a Foreign Manpower, foresees a list of profession (specialties) for self-employment of foreign employees in the Republic of Kazakhstan. Such professions include:

• Anthropologist;
• System architect;
• Astronomer;
• Ballet dancer;
• Dramatic, lyric-dramatic soprano;
• Dramatic, lyrical-dramatic tenor;
• Audio-video editing engineer;
• Engineer for development of film;
• Engineer for marine equipment control systems;
• Engineer for construction of offshore pipelines;
• Engineer-controller for maintenance, repair and diagnostics of aviation equipment;
• Climatologist;
• Museologist;
• Programmer-producer (Computer Science) (Software Design Engineer);
• Teachers of higher educational institutions with a scientific degree;
• Radar astronomer;
• Specialist in the field of information technology and electronics;
• Specialist in the field of electrical engineering and electronic engineering;
• Specialist in animation and computer graphics;
• Specialists in ballistic support of space vehicles;
• Specialists in on-board systems of space vehicles;
• Specialist in flight safety;
• Specialist in production of props;
• Specialist in computer special effects;
• Specialist in aviation standards and publications control;
• Specialist in offshore pipelines;
• Specialist in passenger compartment equipment of the aircraft;
• Flight Specialist;
• Specialist in technical training and standards;
• Supervisor for offshore structures.

In relation to these categories of employees, an employer shall not apply for permission to employ foreign manpower. They need to obtain an employment authorization on their own. Permission for employment of all other categories of workers shall be requested by an employer.

Question: What territory does the permit for foreign manpower cover?

Answer: In accordance with item 48 of the specified Rules, an employment authorization for a foreign employee is valid in the territory of one locality (oblast, district).

Question: What are the cases when a permit for foreign manpower cannot be issued?

Answer: Item 56 of the Rules and conditions for the issuance of permits to a foreign employee for employment and employers for involvement of foreign manpower regulate cases in which a foreign worker is not given a permit for employment. Such cases include:

• absence of the declared profession or specialty in the list of professions (specialties) for self-employment of foreign employees in the Republic of Kazakhstan;
• exceeding the size of the distributed quota.

Question: Is it required to obtain a permit for a citizen of Kazakhstan living abroad?

Answer: If a citizen of the Republic of Kazakhstan permanently resides outside the country, and an employer plans to employ such a citizen in the territory of the Republic of Kazakhstan, then permission for involvement of foreign manpower is not required, since such a citizen is not a foreigner.