Amendments To The Law On Licensing Activities In The Field Of Architecture, Urban Planning And Construction

Kazakhstani Law on licensing activities in the field of architecture, urban planning and construction has been changed. On the 5th February 2013, the Government of the Republic of Kazakhstan approved the Regulation № 89 "On Certain Issues Regarding Licensing Activities in the Field of Architecture, Urban Planning and Construction" (Rules), which establishes rules for licensing activities in the field of architecture, urban planning and construction, including:

1) Foreign Work Experience

To obtain I and II category licenses of for the relevant project activities and/or construction work, applicants' (foreign citizens and foreign legal entities) work experience can be confirmed not only by a Kazakhstani license for this type of activity, but also by other documents equivalent to a Kazakhstani license permit (Permit Document). In this case, the applicant's (foreign individuals and foreign legal entities) work experience is calculated from the date the Permit Document was issued. Please note that the term "equivalent" document is not specified in Kazakhstani law and, in practice, it is likely to be interpreted by the relevant Authorized State Bodies (- Competent Authorities) at their own discretion.

Moreover, please note that, in practice, to obtain I and II category licenses of for the relevant project activities and/or construction work Competent Authorities often require continuous activity on the part of the applicant in the required type of activity. In other words, if within a certain period (e.g. for 10 years) or over a certain period of time prior to applying for a license (for example, 3 years), the applicant is not involved in the required type of work, there is a risk that the applicant will not be granted a license.

Such approach of the Competent Authorities is not directly determined by the provisions of existing Law and, in particular, by the Rules, but such situations often are often encountered in practice.

In addition, in practice, when applying for I and II category licenses for the relevant project activities and/or construction works, the applicant is required to submit an official document/reference letter from the authority which issued the relevant Permit Document.

Furthermore, for foreign individuals or foreign legal entities to obtain I and II category licenses of, the Permit Document (issued by foreign state authorities) submitted by the applicant , must be executed in accordance with the current Kazakhstani Law...