Digest of Important Legislative Changes in Kazakhstan for November 2024

19.12.2024

• Registration of IIN for Foreigners Through the Embassies of the Republic of Kazakhstan: The Pilot Project Will Be Extended Until 2026
• Changes in the Rules for Registration of Legal Entities in Kazakhstan
• Changes in the Monthly Calculation Index (MCI) and Minimum Wage for 2025
• Mass Media
• Connection
• Gambling Establishments, Betting
• Taxes, Social Contributions
• Lists of Documents for Foreigners Obtaining Permits for Temporary and Permanent Residence in the Republic of Kazakhstan Updated
• Contact our legal team to learn more

Registration of IIN for Foreigners Through the Embassies of the Republic of Kazakhstan: The Pilot Project Will Be Extended Until 2026

The Ministry of Foreign Affairs of the Republic of Kazakhstan has initiated the extension of a pilot project for the issuance of an individual identification number (IIN) to foreign citizens through foreign missions of the Republic of Kazakhstan. The relevant amendments to the joint order indicate that the project is extended until December 31, 2025.

Recall that within the framework of the pilot project, foreigners can apply for IIN by contacting the embassies or consulates of the Republic of Kazakhstan. Previously, this service was provided exclusively through a personal appeal to the Government for Citizens State Corporation.

IIN is required for foreign citizens to gain access to electronic public services, issue an electronic digital signature (EDS), open a bank account, as well as to register a legal entity.

The extension of the project will allow more foreigners to use the service, simplifying interaction with government agencies of the Republic of Kazakhstan outside the country.

Changes in the Rules for Registration of Legal Entities in Kazakhstan

State registration of a legal entity is now carried out on the basis of an electronic application submitted through the e-Gov web portal or through the informatization facilities of second-tier banks. Thus, it became possible to apply through banks.

In connection with the establishment of the Committee for the Registration Service and Organization of Legal Services of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Committee), the Rules for the provision of public services in the field of state registration of legal entities and registration of branches and representative offices (hereinafter referred to as the Rules) have been amended.

Now the Committee will carry out the state registration of non-profit legal entities and the registration of their branches and representative offices. In addition, the Committee is entrusted with the registration of public and religious associations with republican and regional statuses, including political parties, the Republican Notary Chamber, the Republican Bar Association, the Republican Chamber of Private Bailiffs, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the Chamber of Forensic Experts of the Republic of Kazakhstan, the Arbitration Chambers of Kazakhstan, the Republican Collegium of Legal Consultants, as well as the registration of branches and representative offices foreign and international non-profit non-governmental associations.
Previously, these functions were performed by the Ministry of Justice of the Republic of Kazakhstan and its territorial bodies.

At the same time, the changes did not affect the procedure for registration of commercial legal entities, and their registration, as before, remains under the jurisdiction of the State Corporation "Government for Citizens". 

Changes in the Monthly Calculation Index (MCI) and Minimum Wage for 2025

According to the Law "On the Republican Budget for 2025-2027", signed on December 4, 2024, from January 1, 2025, the minimum wage will be 85,000 tenge.

The monthly calculation index (MCI) is determined in the amount of 3,932 tenge.

These indicators will be used to calculate taxes, fees and other mandatory payments.

Mass Media

The Ministry of Culture has approved the Rules for the provision of public services in the field of mass media:

• Registration, re-registration, issuance of a certificate of a domestic television and radio channel;
• Registration, re-registration, issuance of a certificate of a foreign television and radio channel distributed in the territory of the Republic of Kazakhstan;
• Registration or re-registration of periodicals, news agencies and online publications.

Services are provided by the Information Committee of the Ministry of Culture and Information of the Republic of Kazakhstan.
Applications are accepted and results are issued through the Portal. The public service is provided on a paid basis to individuals and legal entities (the cost is from 2 to 5 MCI, depending on the thematic focus of the resource).

Connection

MDDIAI approved the Rules for issuing a permit to a virtual mobile operator.

Virtual operator is a telecom operator that uses the infrastructure of one or more mobile operators to provide cellular communication services.

The public service is provided by the Telecommunications Committee of MDDIAI. To receive the public service, individuals and legal entities send a www.egov.kz www.elicense.kz application through the e-Gov web portal. 

The service is provided free of charge within 7 working days.

Eligibility requirements include the presence of:

An agreement with a mobile operator containing the following information:

1. Agreement on the use of communication network infrastructure;
2. Use (on the right of ownership, or other legal grounds) of hardware, software and technical means to ensure the conduct of operational-search, counterintelligence activities, collection and storage of service information about subscribers of all communication networks for two years;
3. Traffic accounting system with a system for measuring the duration of connections and a system for measuring data transmission of a telecom operator, entered in the register of the state system for ensuring the uniformity of measurements of the Republic of Kazakhstan, a valid verification certificate;
4. The scheme of interaction between the virtual operator and the basic operator.

Gambling Establishments, Betting

The Model Rules for the Operation of Gambling Establishments have been approved.

The rules for the operation of a gambling establishment, accepting bets and conducting gambling are posted by the organizer of the gambling business operating the casino, the slot machine hall in a prominent place in the gambling establishment, as well as on the main page of the Internet resource.

Gambling organizers check and identify players on the basis of identity documents.

The refusal of an individual to undergo identification (registration) in a gambling establishment is the basis for his exclusion from participation in gambling.

The organizers of the gambling business, carrying out the activities of the casino, slot machine hall, ensure the identification of the gambling participant by entering the data specified in the identity document of the individual in the registration form of the gambling participant.

The registration form is a document in paper and (or) an electronic file, which is filled out to identify a gambling participant and allows the relevant individual to register in a gambling establishment.

The registration form for an individual shall indicate:

1. surname, first name, patronymic (if any);
2. citizenship (for a foreigner);
3. IIN (for a citizen of the Republic of Kazakhstan);
4. IIN specified in the residence permit of a foreigner in the Republic of Kazakhstan, or the number of a foreign passport (for a foreigner);
5. IIN indicated in the certificate of a stateless person (for a stateless person);
6. date of birth;
7. type of activity, place of work (if any);
8. personal subscriber number of cellular communication;
9. a bank account belonging to an individual.

It is not allowed to identify an individual by copies of identity documents.

The admission of an individual to participate in gambling is the issuance of legitimation marks to an individual at the cash desk of a gambling establishment.
In addition, gambling establishments are required to periodically (with an interval of no more than one hour) warn visitors about the risks and harms of participating in gambling.

Taxes, Social Contributions

From November 11, social contributions and a single payment will be paid according to a consolidated payment order.

A consolidated payment order will be used by payers to transfer:

• social contributions, as well as arrears of social contributions and (or) penalties for late and (or) incomplete payment of social contributions;
• arrears on the single payment and (or) penalties for late and (or) incomplete payment of the single payment.

The consolidated payment order for each employee shall indicate: last name, first name, patronymic (if any); IIN; the amount of payment; the period (month, year) for which the payment is paid. When paying a single payment, the codes for the purpose of payments for payments included in the single payment shall be additionally indicated.

Payment of arrears and (or) penalties for late and (or) incomplete payment of social contributions and a single payment shall also be made by a consolidated payment order.

The new version also sets out the application forms  for the return of erroneously paid amounts of social contributions and the amounts of a single payment.

Lists of Documents for Foreigners Obtaining Permits for Temporary and Permanent Residence in the Republic of Kazakhstan Updated

In particular, it is clarified that in order to obtain these permits, a certificate of fingerprinting of a foreigner or stateless person is required, issued in accordance with the Rules for fingerprint and genomic registration, approved by the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan dated September 30, 2024 No 730 (previously  the Rules approved by the Government were in force).

Also, when applying for a temporary residence permit in the Republic of Kazakhstan for employment, an employment contract registered in the MLSPP - in the unified system of accounting for employment contracts "USECR" or a civil law contract for the performance of work (provision of services) is required for everyone. Previously, this requirement was only for citizens of the EAEU. 

Author: Slan Alibek

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