Ру Ўз O'z En

Structure of the Agency

RESOLUTION

 

OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

 

On the organization of the State Assets Management Agency of the Republic of Uzbekistan

Structure of the Agency

Pursuant to the Decree of the President of the Republic of Uzbekistan of January 14, 2019 "On measures to radically improve the system of state asset management, anti-monopoly regulation and capital market":

Approval:

the organizational structure of the State Assets Management Agency of the Republic of Uzbekistan in accordance with Annex No. 1;

the structure of the central apparatus of the State Assets Management Agency of the Republic of Uzbekistan in accordance with Annex No. 2.

Establish the maximum number of management personnel of the State Assets Management Agency of the Republic of Uzbekistan (hereinafter - the Agency) in the amount of 432 units, including the central office of the Agency - 109 units.

Provide the Agency Director with the right to:

To make changes, if necessary, to the approved structure of the Agency's central apparatus within the established total number of managerial personnel;

Approve the structures of the Agency's territorial administrations in the Republic of Karakalpakstan, regions and Tashkent city;

Approve the maximum number of the administrative staff of the Agency's territorial departments;

Introduce additional staff units of specialists of the management personnel of the Agency at the expense of the extra-budgetary Fund for the management, transformation and privatization of state assets under the State Assets Management Agency of the Republic of Uzbekistan (hereinafter - the Fund);

Engage qualified domestic and foreign specialists as employees and consultants, with the establishment of their salaries and other payments, as an exception, at the expense of the Fund;

To establish allowances and other incentive payments to the employees of the Agency to the official salaries (tariff rates) for the main occupied position, regardless of other payments stipulated by law, at the expense of the Fund;

Determine, on the basis of international practice and market conditions, the remuneration of qualified foreign specialists attracted on a contractual basis to implement the tasks entrusted to the Agency.

Determine the sources of funding for the maintenance costs of the Agency's central office and its territorial offices from the State Budget of the Republic of Uzbekistan and other funds not prohibited by law.

Establish that:

  1. a) Agency:

is the legal successor of the State Committee of the Republic of Uzbekistan for the Promotion of Privatized Enterprises and the Development of Competition (hereinafter — State Competition Committee) on all its rights, obligations and contracts regarding the management of state assets, including those located abroad, the implementation of privatization measures (including the sale of state shares), the transfer of state property for lease, the introduction of corporate governance in business companies, financial rehabilitation of economically insolvent business companies, bankruptcy, ensuring state regulation of valuation activities and the approval of property valuation standards;

is the legal successor of the SUE "State Assets Management Center under the State Committee of the Republic of Uzbekistan on Promotion of Privatized Enterprises and Development of Competition" for all its rights, obligations and contracts;

exercises its powers independently and independently of all state bodies and organizations, their officials, and in its activities is subordinated and accountable directly to the Prime Minister of the Republic of Uzbekistan and the President of the Republic of Uzbekistan;

Coordinates the activities of ministries and departments, as well as local public authorities in the management of state assets;

exercises the rights of the shareholder (founder and participant) on the transferred to him state blocks of shares (stakes) in the authorized capital of economic companies in accordance with the laws of the Republic of Uzbekistan "On Joint Stock Companies and Protection of Shareholder Rights", "On Companies with Limited and Additional Liability";

performs the functions of the seller on objects put up for bidding by the State Committee for Competition and its territorial bodies. The terms and types of bidding remain unchanged, and the objects are not subject to withdrawal from bidding, revaluation and re-tendering in connection with the transformation of the State Committee for Competitiveness;

Ensures the implementation of the assigned tasks solely by methods of corporate governance, without interfering in the ongoing activities of business entities with state shares (hereinafter - business entities);

annually, not later than October 1 of the year following the reporting year, submits to the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan a report on the activities of the Agency, including the results of strategic transformations in the activities of business companies;

  1. b) Director of the Agency, his First Deputy and Deputies shall be appointed and dismissed by the President of the Republic of Uzbekistan on the recommendation of the Prime Minister of the Republic of Uzbekistan and shall be equal to the minister, first deputy minister and deputy minister, respectively, in the status, conditions of medical and transport services
  1. c) Director of the Agency, his First Deputy, Deputies and employees of the Agency have the right to be elected as members of supervisory boards of economic societies in accordance with the established procedure
  1. d) The appointment of heads of territorial departments of the Agency is carried out by the Director of the Agency by agreement with the Chairman of the Council of Ministers of the Republic of Karakalpakstan, the khokims of regions and of Tashkent city, respectively;
  1. e) The employees of the Agency retain the procedure of medical care provided for the employees of the abolished State Committee for Competitiveness;
  1. f) The Classifier of basic positions of employees and professions of workers in terms of the minimum level of education for employment, the establishment of qualification grades for professions of workers has, as an exception, a recommendatory character for the application in the Agency in relation to specialists of the relevant direction, who graduated from higher educational institutions abroad;
  1. g) Licenses, documents of title, permits and decisions previously issued by the State Committee for Competition and its territorial bodies remain valid and are not subject to cancellation or change in connection with its reorganization.

Establish a procedure according to which:

From April 1, 2019, the practice of approving by regulatory acts the composition of supervisory boards (boards of banks) and members of the executive body of economic companies, as well as equating them to the head or deputy head of a state body is abolished;

From July 1, 2019, the head or deputy heads of a state body, with the exception of the Agency, may be elected by state share as members of the supervisory board of companies with state participation only if they have a qualification certificate of a corporate manager;

See previous edition.

The composition of supervisory boards (boards of banks) of business companies shall be approved by decision of the general meeting of shareholders in accordance with the established procedure;

See previous edition.

the executive body of an economic company (head and deputy heads) shall be selected on a competitive basis from among the most experienced specialists, including foreign ones, and shall be appointed by the decision of the general meeting of shareholders or the supervisory board in accordance with the established procedure;

the state's share in the authorized capitals (funds) of economic societies, under which the rights of the shareholder (founder) are exercised by the state bodies and institutions, which will be formed in the future, is transferred to the Agency;

previously concluded contracts for the trust management of the state share with the trust managers of investment assets are reissued by the Agency on previously signed terms before the expiration of their validity by concluding additional agreements;

business companies independently make decisions on determining the amount of wages, the number of managerial and technical personnel, the number of vehicles and other issues on which a special procedure has been established for economic management bodies in accordance with the legislation.

Transfer to the Agency the state's shares in the authorized capital of business entities according to the list in accordance with Annex No. 3.

The Agency together with the Agency of Public Services under the Ministry of Justice of the Republic of Uzbekistan within two months to conduct an inventory of economic companies in which there is a state share.

Establish that the state share in the authorized capital (funds) of economic companies, for which the rights of the shareholder (founder) are exercised by the state bodies and institutions, identified by the inventory and not included in Annex No. 3 to this Decree, shall be transferred to the Agency.

The Ministry of Finance of the Republic of Uzbekistan:

Allocate funds for the Agency's expenses in the framework of the implementation of this decree for 2019 within the parameters of the State Budget of the Republic of Uzbekistan and, starting from 2020, annually provide the necessary budgetary funds;

To make appropriate changes in the approved parameters of expenditures of the State Budget of the Republic of Uzbekistan for 2019 on the basis of the provisions of this decree;

to ensure the allocation of necessary funds to the Agency for the purchase of official vehicles and establish a limit for the maintenance of official passenger cars in the amount of 12 units, including 9 personal cars;

Ensure the allocation of necessary funds for the repair of administrative buildings and the purchase of necessary equipment and information and communication technologies for the formation of the material and technical base based on the justified calculations of the Agency.

  1. The Agency within two months to ensure the accession of SUE "Center for State Assets Management under the State Committee of the Republic of Uzbekistan on Promotion of Privatized Enterprises and Development of Competition" to the Agency in the prescribed manner.
  2. The Ministry of Development of Information Technologies and Communications of the Republic of Uzbekistan shall provide the Agency with telephone communication, including governmental communication, in accordance with the established procedure.
  3. The Ministry of Internal Affairs, the State Committee for Land Resources, Geodesy, Cartography and State Cadastre, the Central Securities Depository, the Council of Ministers of the Republic of Karakalpakstan, regional khokimiyats and Tashkent city, in connection with the dissolution of the State Committee of Competition and its territorial bodies to implement, as appropriate, without charging any fees and other charges:

re-registration, respectively, to the Agency and its territorial offices of the rights to immovable and other property;

re-registration in the bodies of the Ministry of Internal Affairs of the Republic of Uzbekistan of motor vehicles transferred to the Agency and its territorial departments;

state registration of amendments and additions made to the constituent documents of economic companies in connection with the transfer of functions and rights of the shareholder (founder and participant) on the state blocks of shares (stakes) to the Agency.

  1. To include the Agency in the List of public authorities, state and economic management bodies, other state organizations of national importance, whose heads may apply for permanent residence registration of employees in Tashkent city and Tashkent region, approved by the decision of the Cabinet of Ministers of October 7, 2016 № 336.
  1. Exempt the Agency and its territorial offices from payment of state duty on claims brought before the courts in accordance with the powers vested in them.
  1. Place the Agency at 6 A. Temur Street, Tashkent, on the right of operational management.

The Council of Ministers of the Republic of Karakalpakstan, khokimiyats of regions and Tashkent city within a month to ensure the placement of territorial offices of the Agency in the premises at the current location of the territorial bodies of the abolished State Committee for Competition.

  1. To recommend the National Television and Radio Company of Uzbekistan, the National News Agency of Uzbekistan together with the Agency, the Council of Ministers of the Republic of Karakalpakstan, regional khokimiyats and Tashkent city to organize a wide media coverage of the scale of work being conducted on the sale of state assets to entrepreneurs.
  1. The Agency together with the Ministry of Finance, Ministry of Justice and other interested departments shall submit to the Cabinet of Ministers of the Republic of Uzbekistan:
  1. a) By April 1, 2019:

Proposals for the abolition of regulatory legal acts, which approved the composition of the supervisory boards and members of the executive body of business companies, as well as members of their executive bodies are equated with the heads or deputy heads of the state body;

"Roadmap" on introduction of modern methods of corporate governance in activities of enterprises with state participation, providing international principles of corporate governance, increase of efficiency of supervisory boards and control bodies taking into account the best international practices;

  1. b) within two months:

draft resolution on approval of regulations on the State Assets Management Agency of the Republic of Uzbekistan and the order of formation and use of funds of the extra-budgetary Fund for management, transformation and privatization of state assets under the State Assets Management Agency of the Republic of Uzbekistan;

proposals for amendments and additions to the legislation arising from this decree.

Control over the implementation of this decision shall be entrusted to the Prime Minister of the Republic of Uzbekistan A. N. Aripov, the Head of the Presidential Administration of the Republic of Uzbekistan Z. Sh. Nizomiddinov and First Deputy Advisor to the President of the Republic of Uzbekistan B. M. Mavlonov.

President of the Republic of Uzbekistan Sh . MIRZIYOYEV

Tashkent,

14 January 2019

№ PP-4112

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