APPROVAL OF THE ADMINISTRATIVE REGULATION ON SELECTION OF THE BEST PROPOSAL FOR REALIZATION OF A LARGE INVESTMENT PROJECT RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN SEPTEMBER DD 21, 2021 – y. № 592

RESOLUTION

OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

SEPTEMBER 21, 2021 – y.

№ 592

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APPROVAL OF THE ADMINISTRATIVE REGULATION ON SELECTION OF THE BEST PROPOSAL FOR REALIZATION OF A LARGE INVESTMENT PROJECT

      Pursuant to the Decree of the President of the Republic of Uzbekistan No. DP-6243 dated June 8, 2021 “On measures to ensure equality and transparency in land relations, reliable protection of land rights and turning them into a market asset” the Cabinet of Ministers decides:

1.  This Resolution determines the procedure for selection and lease of a land plot by the Cabinet of Ministers with the best offer for the realization of a large investment project worth at least 10 million US dollars.

2.  The following basic concepts shall be used in the present Regulation:

land plot – land fund with accounting boundary, area, location address, legal regime and other characteristics reflected in the state land cadaster, not assigned to individuals and legal entities, registered as state property, for agricultural purpose and non-agricultural part;

Automated information system “ERELECTRON” (hereinafter – AAT “ERELECTRON”) – an automated information system for collection and consideration of materials on allocation of land plots and implementation of procedures for interaction with authorized bodies and organizations included in its system;

working body – the Ministry of Investments and Foreign Trade of the Republic of Uzbekistan in the provinces and districts of Tashkent city, the Ministry of Investments and Foreign Trade of the Republic of Karakalpakstan in the territory of the Republic of Karakalpakstan;

large investment project – an investment project worth at least 10 million USD in the regions and districts of Tashkent city, as well as an investment project worth at least 5 million USD in the territory of the Republic of Karakalpakstan;

open electronic portal – an information system enabling to identify and determine the boundaries of a free land plot for the purpose of implementation of a major investment project via the global information network Internet;

applicant – individuals and legal entities that have submitted a major investment project as a proposal for realization;

Government Commission – Government Commission on Foreign Trade, Investment, Local Industry Development and Technical Regulation;

the best proposal – the best proposal is a major investment project that has received the highest score according to the criteria established by the Government Commission;

winner – the applicant who submitted the best offer shall be recognized as the winner.

3.  Within the framework of a major investment project:

agricultural land – land for agricultural purposes and agricultural production only;

on non-agricultural land – any activity not prohibited by legislation may be carried out.

Projects involving the construction of private and apartment buildings are not considered major investment projects and are not considered.

4.  Proposals for a major investment project, the cost of which is less than the market value of the right to the selected land plot, shall not be considered.

Determination of the market value of the right to a land plot in the district (city) where the selected land plot is located shall be determined by the State Property Management Agency based on the average price of 0.01 hectares of land plots sold at electronic Internet auctions over the last 6 months.

5.  Proposals for a major investment project shall be evaluated according to the following criteria:

a) the volume of investments to be realized (attracted);

b) the size of the increasing coefficient compared to the rate applied to the amount of land tax (rent) during the lease term, determined in accordance with the Tax Code of the Republic of Uzbekistan.

c) the share of exported products from the total volume of manufactured products;

g) the share of the total volume of products manufactured with the use of high technologies and scientific achievements in its activity;

d) the amount of planned annual turnover of goods;

e) average annual number of employed citizens.

6.  The maximum score is 100, and the level of importance is categorized by criteria as follows:

a) criteria of the first level from “0” to “25” points;

b) criteria of the second level from “0” to “25” points;

c) criteria of the third level from “0” to “20” points;

g) fourth level criteria from “0” to “15” points;

d) criteria of the fifth level from “0” to “10” points;

e) criteria of the sixth level from “0” to “5” points.

The level of importance of the criteria based on the nature of the proposed project shall be determined by the Government Commission.

7.  Scores for the criteria shall be assigned by the Government Commission. The total score is calculated according to the following formula depending on the importance of the criteria:

Tball=(Ttk/Tmax)×Mmax

in which:

Tball – the applicant’s score on the evaluated criteria;

Ttk – indicator in the applicant’s proposal on the corresponding criterion;

Tmax – the highest score among the proposals submitted by applicants for the relevant criterion;

Mmax – the maximum score determined by the Government Commission based on the level of significance for the relevant criterion.

8.  Procedure for obtaining a land plot for realization of a large investment project on the basis of a document of the Cabinet of Ministers:

(a) Citizens and legal entities of the Republic of Uzbekistan (except for enterprises with foreign investments):

agricultural lands – for 30 years;

lands not intended for agriculture – for a period not exceeding 49 years;

b) leased to foreign individuals and legal entities, stateless persons, as well as enterprises with foreign investments for a period of up to 25 years.

9.  Selection of the best proposal for realization of a large investment project shall be carried out according to the scheme given in Annex 1 to this Regulation.

10.  Selection of the best proposal for the implementation of a major investment project is carried out in three stages:

first stage – selection of a land plot and preparation of materials on the land plot;

second stage – determining the feasibility of implementing a major investment project and announcing the acceptance of an alternative proposal;

third stage – evaluation of proposals and determination of the winner.

11.    Preparation of collection of documents for a vacant land plot is carried out on the part of the Chamber of State Cadastre of the Cadastre Agency under the State Tax Committee of the Republic of Uzbekistan (hereinafter – the Chamber of State Cadastre) through JSC “YERELEKTRON”.

12.  The time spent on the land plot by the state cadastre chamber for collection and preparation of documents for the title page of the cadastre, land surveying, land monitoring and design and survey works shall be compensated in accordance with paragraph 56 of this Regulation.

Standard norms of time required for preparation of lands, maintenance of the state land cadastre and project-research works on land monitoring shall be approved by the Cadastre Agency.

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CHAPTER 2. PROCEDURE FOR SELECTING A LAND PLOT FOR THE IMPLEMENTATION OF A MAJOR INVESTMENT PROJECT AND PREPARING A SET OF DOCUMENTS FOR THE LAND PLOT

13.  In order to implement a large investment project, the applicant shall apply to the Working Body through the centers of state services or the Single interactive portal of state services of the Republic of Uzbekistan according to Annex 2 to the Regulations.

The following documents shall be attached to the application:

stages, methods, mechanisms and substantiated calculation information (business plan) for realization of a large investment project;

information about the applicant’s previously successfully implemented projects (portfolio);

Presentation materials on a major investment project.

Upon acceptance of the application, the applicant will be provided with an invoice. The applicant will then deposit a guarantee amount equal to at least 10% of the value of its major investment project into the special account of the Working Body.

The crediting of the guarantee funds to the special account of the Working Body is verified through the information and communication systems.

Upon confirmation of the receipt of the guarantee funds through the information and communications technology system, the application and accompanying documents are automatically forwarded to the Working Body.

14.  When submitting an application through the centers of state services, the applicant shall be charged a fee equal to one-time amount of the basic calculation.

When submitting an application through the Single interactive portal of public services of the Republic of Uzbekistan, the applicant shall be paid a fee equal to 90% of the amount paid when applying through the centers of public services.

The amount of the fee will be distributed as follows:

(a) When applying in person to the centers of public services:

20 percent will be transferred to the Public Services Development Fund of the Ministry of Justice of the Republic of Uzbekistan;

60 percent – to the State Budget of the Republic of Uzbekistan;

0.5 percent – to the special account of the Fund for Development of Information and Communication Technologies to finance interagency projects of e-government and digital economy, to harmonize payments through the Unified Payment System;

the remaining funds will be transferred to the account of the Working Body;

b) When submitting an application through YIDXP:

10 percent will be transferred to the Public Services Development Fund of the Ministry of Justice of the Republic of Uzbekistan;

11.25 percent – to the special account of the Fund for the Development of Information and Communication Technologies to finance interagency projects of e-government and digital economy for the use of a single portal of interactive public services;

0.5 percent – to the special account of the Fund for Development of Information and Communication Technologies to finance interagency projects of e-government and digital economy, to coordinate payments through the Unified Payment System;

55 percent – to the State Budget of the Republic of Uzbekistan;

the remaining funds will be transferred to the account of the working body.

Confirmation of payment of fees for the provision of public services is carried out through the Unified Payment System.

If the application is withdrawn or if the applicant is not declared the winner, the payment made will not be refunded.

15.  The working body shall consider the received application and attached documents within 3 working days.

In case of absence of all documents specified in paragraph 13 of this Regulation, the working body shall return the documents to the applicant in full, indicating the deficiencies to be eliminated.

The return of documents on other grounds than those specified in paragraph two of this item shall not be allowed.

16.  If there are no deficiencies in the documents submitted by the applicant, the Working Body shall submit the major investment project for consideration by the Government Commission.

17.  The Government Commission within 10 working days from the day of receipt of the application on a large investment project will conceptually consider it and make a decision on expediency or inexpediency of its realization with indication of specific grounds and reasons.

Decisions of the Government Commission shall be published on the official website of the Working Body and in the mass media in the state, Russian and English languages not later than the next working day after its adoption.

18.  In case the Government Commission decides that the implementation of a major investment project is inexpedient, no alternative proposal shall be announced and no tender shall be held.

19.  In this case, the applicant may reconsider the major investment project and the land plot selected for its implementation and reapply in accordance with the general procedure.

If the government commission decides that it is expedient to implement a large investment project, it shall send a request to the State Cadaster Chamber to identify a free land plot no later than the next working day after the decision is made.

20.  The State Cadaster Chamber shall prepare a collection of documents on the land plot in electronic form within 20 working days from the date of receipt of the request and send it to the Working Body.

The collection of documents for the land plot (hereinafter – collection of documents) shall be accompanied by:

brief information on the land plot, including its area (in ha), category of the land plot fund, existing obligations, intended purpose, credit rating, if necessary, etc.;

land plot on a topographic map (with coordinate points), borders and addresses of the land plot (settlement and streets, and in the absence of a street – distance from the existing facility in meters) and underground and surface engineering works network M 1 Location plan with a scale from :500 to M 1:1000;

A realistic scheme, i.e. showing the uses of the bordering land parcels;

a photograph of the land plot with surrounding objects from at least two sides (15×20 cm);

for projected facilities – draft environmental impact statement.

21.  After receipt of the collection of documents provided for by item 20 of the present Regulation, the working body within 2 working days sends it to specialized expert subdivisions of the State Committee on Ecology and Environmental Protection for obtaining the conclusion of the state ecological expertise. Costs associated with obtaining the conclusion of the state environmental expertise shall be reimbursed in accordance with paragraph 56 of this Regulation.

The state environmental expertise is conducted by specialized expert departments of the State Committee on Ecology in the order established by the legislation, and the conclusion of the state environmental expertise is sent to the working body.

The conclusion of the state environmental expertise may be positive or negative.

A negative opinion clearly indicates the reasons why the allocation of a land plot on the basis of legal norms is impossible.

In this case, the preparation of the collection of documents for another land plot is carried out in the general order.

22.  After the working body receives a positive conclusion from the state environmental expertise, then it will send the collection of documents within 2 working days to the Ministry of Construction and Housing and Communal Services of the Republic of Karakalpakstan, construction and housing and communal services department of regions and the main construction department of Tashkent city to receive the relevant conclusion (hereinafter – the main construction department).

23.  If a town-planning document is available, the main construction department will review the collection of documents and prepare a conclusion on the selected land plot within 3 working days.

The conclusion shall describe the requirements for compliance with normative documents in the field of technical regulation of town planning activities.

24.  In the absence of urban planning documentation, the main department of construction no later than 3 working days considers the folder of documents from the working body, then attaching its conclusion, sends it to the regional council on architecture and urban planning (hereinafter – the Council) sends it for approval.

Not later than 5 working days, the Council will organize an extraordinary meeting and consider the folder of documents collection, where it will sign the materials with EDS, and the agreed materials will be sent to the main construction department.

25.  The General Directorate of Construction shall send its and the opinion and materials agreed by the Council in the form of a document certified by electronic signature via ERELECTRON AAT to the Working Body within 1 working day.

The opinion may be positive or negative.

A positive conclusion sets forth requirements for compliance with normative documents in the field of technical regulation of urban planning activities in relation to the owner of the right to use the land plot.

The conclusion may be positive or negative.

A positive conclusion sets forth requirements for compliance with normative documents in the field of technical regulation of urban planning activities with respect to the owner of the right to use the land plot.

A negative conclusion shall indicate valid reasons for the impossibility to allocate a land plot on the basis of legal norms and make a proposal to select an appropriate land plot from another suitable location.

If the Council refuses to approve the materials, the minutes of the Council meeting justifying the refusal and clearly indicating the norms of the legal document shall be sent to the Main Construction Department with a proposal to resettle the land plot.

26.  In case of issuance of a negative opinion by the Directorate General of Construction or rejection of the agreement with the Council, the Working Body shall have the right to carry out-processing of the land plot materials, including changing the location of the land plot allocated in accordance with this opinion (justified reasons for rejection of the agreement).

In this case, within 2 working days, the Working Body shall consider the negative opinion of the Main Department of Construction or the Council’s refusal of the proposal and return the collection of documents to the Regional Office of the State Cadastral Chamber with the attached opinion of the Main Department of Construction in order to revise the application.

The territorial department of the State Cadastral Chamber within 10 working days processes the document collection folder, forms the document collection folder and resends it to the working body.

In this case, the fee for processing and preparation of the collection of updated documents will not be charged.

Within 1 working day after receipt of the collection of documents, the working body shall re-send it to the Main Construction Department to obtain the opinion or consent of the Council in accordance with the procedure established in paragraphs 23 and 24 of this Regulation.

27.  Within 1 working day after receiving the positive opinion of the Main Directorate of Construction or electronic contract with the Council, the Working Body will send the collection of documents to the following authorized organizations:

(a) to the regional subdivisions of the Republic of Karakalpakstan, provinces and Tashkent city of the following state bodies and organizations to obtain an opinion:

Cadastre Agency under the State Tax Committee;

Ministry of Emergency Situations;

Sanitary-epidemiologic tranquility and public health;

State Committee of Geology and Mineral Resources;

Committee of Automobile Roads of the Ministry of Transport;

Uzsuvtaminot JSC;

Regional Electric Networks JSC;

JSC Khudududgaztaminot;

JSC National Electric Networks of Uzbekistan;

JSC “Uztransgaz”;  

b) to agree:

To the Regional Department of the Cultural Heritage Agency under the Ministry of Tourism and Cultural Heritage – on land plots located in the protection zone of cultural heritage monuments;

To the organization, which owns the area and uses the relevant facilities on the basis of the regime, where the constituent lands, lands of industry, railways and highways, communications, defense and other purposes are located;

To the State Road Traffic Safety Service of the Ministry of Internal Affairs, which allocates territories of vacant land plots for parking lots to accommodate cars and other facilities affecting road safety;

to the Main Department of the Ministry of Tourism and Sports of the region – for the development of tourist infrastructure and land plots located in tourist and recreational zones.

In normative documents in the sphere of regulation of town-planning activities in their general plans relating to land plots in settlements corresponding to the envisaged functional purpose, as well as in detailed planning projects, from the sanitary and epidemiological service, public health and the State Fire Inspectorate, the receipt of conclusions for land plots is not required.

28.  Authorized organizations will receive the documents or make appropriate conclusions within 5 working days from the date of receipt of the documents.

29.  The opinion of the authorized organization shall be sent to the working body through AAT “ERELECTRON” in electronic form, certified by an electronic digital signature or in the form of a copy. It may be positive or negative.

A positive opinion sets forth requirements for compliance with normative documents in the field of urban planning, sanitation, nature protection, fire safety regulation and other activities in relation to the owner of the right to use the land plot.

A negative opinion specifies valid reasons for the impossibility to allocate the vacant land plot based on specific norms of the legislative document.

30.  Approval of materials on land plots shall be carried out through AAT “ERElectron” by confirming the decision on approval on the relevant land plot with the electronic digital signature of the authorized organization.

The agreement is drafted without any comments and conditions.

In case of rejection of the agreement on impossibility to allocate free land plot, then they should send through AAT “ERELECTRON” to the Working Body a copy of the letter or a letter certified by electronic digital signature of the authorized organization, which specifically states many valid reasons that comply with the normative legal documents.

31.  In case of disagreements with the authorized organization or receiving a negative opinion, the Working Body has the right to finalize the package of documents and re-consent them in accordance with this Regulation (receive an opinion on them).

32.  In case the authorized organizations gave a negative opinion or sent a letter of refusal to conclude the agreement, the Working Body on the basis of objections of authorized organizations within 3 working days considers the location of the land plot and sends them for processing to the State Cadaster Chamber with a package of documents enclosing as attachments the opinions and letters of authorized organizations.

In this case, the State Cadaster Chamber processes the document package within 3 working days and sends it to the Working Body. No fee is charged for processing the collection of documents and preparation of updated materials.

33.  After re-inspection of the location of the allocated land plot and receipt of processed materials, the Working Body shall re-send the collection of documents to the authorized organizations for consideration in accordance with paragraphs 23-30 of this Regulation no later than the next working day.

In this case, the package of documents sent again should be considered by the authorized organizations within 2 working days.

34.  The working body shall submit the package of documents to the Government Commission within 2 working days after receiving positive conclusions and approvals of the Main Construction Department, the Council and authorized organizations.

CHAPTER 3. SELECTION OF THE BEST PROPOSAL FOR REALIZATION OF A LARGE INVESTMENT PROJECT

35.  After acceptance of the package of documents, the Government Commission shall take a decision no later than the next working day and issue a notification on determination of the level of importance of the criteria and acceptance of the alternative proposal in the field of activity specified in the application of the first applicant.

This decision shall be sent to the Working Body no later than the working day after it has been adopted.

36.  After receiving the decision of the Government Commission on the acceptance of the alternative proposal, the Working Body shall, not later than the next working day, post an announcement on its official website. The announcement shall specify the following:

a) direction of the major investment project (type of activity);

b) information on the proposed land plot (address, area, etc.);

c) the order of importance of criteria determined by the decision of the Government Commission;

d) time and date of suspension of acceptance of proposals.

Alternative proposals for a major investment project shall be submitted in accordance with paragraphs 13-14 of these Regulations.

a) direction of the major investment project (type of activity);

b) information on the proposed land plot (address, area, etc.);

c) the order of importance of criteria determined by the decision of the Government Commission;

d) time and date of suspension of acceptance of proposals.

Alternative proposals for a major investment project shall be submitted in accordance with paragraphs 13-14 of these Regulations.

37.  The announcement shall be additionally published in the central mass media.

38.  Alternative proposals for a major investment project shall be accepted within 60 days (until 24:00 on the 60th day) from the date of publication on the official website of the Working Body.

Bids shall not be accepted after the expiration of the alternative bid acceptance period specified in the announcement.

Bidders shall have the right to modify or withdraw their alternative bids during the alternative bid period.

39.  Alternative proposals on a major investment project shall be submitted to the Government Commission for consideration by the working body in the manner and within the timeframe stipulated in paragraphs 15 and 16 of this Regulation.

Alternative proposals shall not be allowed to be disclosed by the working body.

40.  Meetings of the Government Commission shall be considered competent if two thirds of the total number of members of the Government Commission participate in their work.

If necessary, heads of ministries and departments, public organizations, economic associations and other organizations depending on the nature of the project shall be invited to the meeting of the Government Commission.

In the absence of quorum for the meeting, the meeting shall be postponed to another day based on the decision of the Government Commission.

The working body shall inform about the date and place of the meeting of the Government Commission on its official website no later than 2 days prior to the date of the meeting.

41.  Representatives of mass media may participate in the meetings of the governmental commission, restriction of their participation is not allowed.

42.  When authorizing a meeting of the governmental commission, proposals shall be considered with the participation of applicants and evaluated in accordance with the procedure established by paragraph 7 of these Regulations.

If the duly summoned applicant fails to appear at the meeting of the Government Commission, the meeting of the Government Commission shall continue its session.

The proposal that has scored the highest number of points from the sum of the points scored shall be considered the best proposal for the implementation of a major investment project and shall be approved by a decision.

43.  The decision of a government commission shall specify the following:

a) information on the head of the commission, members of the commission and the agenda;

b) information on alternative proposals received from applicants for a major investment project;

c) information on the scores assigned by the members of the commission to the alternative proposals of the applicants;

g) information on the winner.

The decision of the governmental commission shall be approved by the chairman of the commission.

44.  Meetings of the Government Commission shall be audio- and video-recorded and broadcast in real time on the official website of the Working Body.

45.  If the equality of points assigned to the proposals of the applicants is maintained, the major investment project with the highest score on the first level criterion will be selected. In case of equality of points, the winner will be recognized the applicant who submitted an early application through the centers of public services or through the Single Interactive Portal of Public Services of the Republic of Uzbekistan.

Based on the decision of the Government Commission, the working body shall prepare a draft document of the Cabinet of Ministers on the lease of land plots and submit it to the Government in an established order.

In the draft document of the Cabinet of Ministers on the lease of land plots, investment commitments shall be specified based on the criteria for the evaluation of proposals for a major investment project specified in paragraph 5 of the present Regulation.

47.  A draft document on the lease of a land plot submitted to the Government shall be adopted in accordance with the established principles of the Rules of Procedure of the Cabinet of Ministers.

48.  The document of the Cabinet of Ministers on the lease of a land plot shall be sent to the Working Body within 1 working day from the day of its adoption.

The Working Body shall submit the document of the Cabinet of Ministers to the relevant district (city) khokimiyat and the winner within 1 working day.

49.  On the next working day after signing the land plot lease agreement, the district (city) khokimiyat shall send its copies:

a) to the regional offices of the state cadastral chamber – for state registration of the right to lease the land plot;

b) sent to the working body on control of investment commitments.

50.  Based on the Statute on the procedure for state registration of rights to real estate objects, approved by the Cabinet of Ministers Decree No 1060 of December 29, 2018, Territorial departments of the Chamber of the State Cadastre, provides within two working days transfer of the right to lease a land plot in the name of the applicant to the state register and obtain a lease agreement for the land plot.

Expenses related to the state registration of the right to lease a land plot shall be charged in the manner prescribed by paragraph 56 of these Regulations.

51.  It is allowed to proceed with the implementation of a major investment project on an allocated land plot after the state registration of the lease right to the land plot.

52.  The Cabinet of Ministers shall have the right to independently announce the realization of a large investment project, defining the conditions according to the criteria stipulated in paragraphs 5 and 6 of this Regulation.

Advertising proposals shall be submitted and considered in accordance with this Regulation.

53.  If an alternative proposal is not received within the time limit specified in paragraph 38 of the Rules, the applicant who made the first proposal will be considered the winner without evaluation as the sole bidder.

54.  Guarantee funds to unsuccessful applicants shall be returned within 5 working days from the date of the decision of the Government Commission.

55.  The winner’s guarantee money is returned if the fulfillment of investment obligations exceeds 50 percent.

In case the winner fails to fulfill the investment obligations at all or refuses to implement the investment project after fulfillment of less than 50 percent, the guarantee money shall not be returned.

56.  Expenses related to the preparation of the collection of documents for the land plot, obtaining the conclusion of the state environmental expertise and state registration of the right to lease the land plot are covered by the guarantee funds of the winner of the tender and will be reimbursed within 5 working days from the date of receipt of documents from the Cabinet of Ministers.

CHAPTER 4. PROCEDURE FOR EXTENDING THE LEASE TERM OF A LAND PLOT AND CHANGING THE TYPE OF RIGHT TO A LAND PLOT

57.  Extension of the lease term of a land plot and change of the type of right to the land plot shall be allowed on the following grounds:

a) on the basis of a positive conclusion of the working body on full fulfillment of investment obligations;

b) compliance with land legislation documents – on the basis of a positive conclusion of the Cadastre Agency;

c) soil fertility has not decreased, the fertile layer of land has not been removed, agricultural crops have been planted – on the basis of a positive opinion of the Ministry of Agriculture, if the allocated land plot is intended for farming.

58.  Upon expiration of at least two thirds of the lease term and at least 6 months prior to the end of the lease term specified in paragraph 8 of these Regulations, the winner shall have the right to apply to the labor authority to extend the lease term of the land plot or change the type of right to land.

59.  The working body:

a) within 2 working days considers the applicant’s application to extend the lease term of the land plot or change the type of right to the land plot and sends a request to the Cadastre Agency and (or) the Ministry of Agriculture to provide an opinion;

b) within 5 working days prepares a conclusion on whether the investment obligations have been fully fulfilled.

60.  Within 5 working days from the date of receipt of the request:

a) the cadastral body shall report on whether or not the land user has or has not committed violations of land legislation documents during the lease term;

b) the Ministry of Agriculture shall prepare an opinion on whether the soil fertility has decreased or not, whether the fertile layer has been obtained, whether crops have been planted, and send it to the working body.

61.  The working body shall forward the applicant’s application to the Government Commission, attaching its opinion and the opinion of the Cadastre Agency and the Ministry of Agriculture.

62.  The Government Commission within 5 working days after receiving the applicant’s application and the provided conclusions shall consider the expediency of extending the lease term of the land plot or changing the right to lease the land plot.

63.  If one or more of the conclusions stipulated by paragraph 57 of this Regulation are negative, it shall be the basis for recognizing it inexpedient to extend the lease term of the land plot.

64.  The grounds for recognizing inexpedient to change the right to lease a land plot are:

a) that one or more of the conclusions stipulated by paragraph 57 of the present Regulation are negative;

b) when the land plot is non-privatized on the basis of the Law “On Privatization of Land Plots Not Intended for Agriculture” and when the lessee is not considered a subject of land plot privatization.

65.  In case a government commission considers it expedient to extend the lease term of a land plot or change the right to lease a land plot, the working body develops a draft of an appropriate document and submits it to the Cabinet of Ministers in an established order.

66.  If the Cabinet of Ministers has duly adopted a document on extending the lease term of the relevant land plot or changing the right to lease it on the basis of the requirements of the Law “On Privatization of Land Plots Not Intended for Agriculture”, it ensures that a copy is sent to the lessee.

67.  The lessee on the basis of a document of the Cabinet of Ministers:

a) conclude with the khokim of the district (city) a lease agreement for the land plot for the period specified in paragraph 8 of the present Regulation;

b) may privatize the land plot in accordance with the Law “On Privatization of Land Plots Not Intended for Agriculture”.

In this case investment obligations shall not be imposed.

68.  Territorial departments of the State Cadastre Chamber shall ensure state registration of the right to lease a land plot.

CHAPTER 5. PROCEDURE FOR CONTROL OVER FULFILLMENT OF INVESTMENT OBLIGATIONS

69.  Monitoring of the fulfillment of investment commitments shall be carried out by the regional offices of the Working Body.

70.  State control over the purposeful and efficient use of land shall be carried out by the Cadastre Agency, and in the case of land plots intended for agriculture – by regional directorates of the Ministry of Agriculture.

71.  The working body, the Cadastre Agency and regional offices of the Ministry of Agriculture shall jointly monitor the implementation of the investment project and fulfillment of investment obligations, as well as the targeted and efficient use of the allocated land plot once a quarter.

Regional offices of the working body shall notify the applicant in writing at least three days in advance of the day and time of monitoring of the investment project implementation.

Based on the results of the monitoring, a monitoring document in four copies will be prepared and approved with the participation of the applicant and representatives of the regional offices of the Ministry of Investment, Cadastre Agency and Ministry of Agriculture.

One copy of the monitoring document is given to the applicant, and the remaining three copies are kept in the regional offices of the Ministry of Investment, Cadastre Agency and Ministry of Agriculture.

72.  If in the course of monitoring it is established that the land plot allocated for the implementation of an investment project is not used for its intended purpose, or the land plot is not put into operation within the established timeframe, investment obligations are not fulfilled or are not fulfilled properly, the lease agreement for the land plot shall be subject to termination in an order established by legislation.

Buildings and structures constructed on the land plot acquired in accordance with these Regulations may not be alienated until the investment obligations are fully fulfilled. Alienation of buildings and structures without full fulfillment of investment obligations shall be deemed a violation of investment obligations and shall be grounds for termination of the right to the land plot.

CHAPTER 6. FINAL CLAUSES

73.  Disputes arising within the framework of investment obligations shall be settled by mutual agreement of the parties or in court in accordance with the legislation.

74.  Applicants may apply to the court in accordance with the procedure established by law for violation of the requirements of this Regulation, conclusions of the Working Body, Cadastre Agency and the Ministry of Agriculture, as well as the monitoring report of their regional offices, by the decision of the Government Commission.

75.  Persons guilty of violating the requirements of this Regulation shall bear responsibility in accordance with the procedure established by the legislation.

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Prime Minister of the Republic of Uzbekistan A. ARIPOV

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The document presented in an unofficial translation from the database of the law firm “S VERENIN’S LEGAL GROUP”.

The document presented from the database of the law firm “S VERENIN’S LEGAL GROUP”.

The document presented as of _______2024г.

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