Resolution of the Council of Ministers of the Republic of Belarus

(Unofficial translation)

 

Resolution of the Council of Ministers of the Republic of Belarus

No.873 of August 8, 2005

[Amended as of May 26, 2014]

 

On Forecasts, Development Business Plans of Commercial Organizations

 

The Council of Ministers of the Republic of Belarus has decided:

1. To establish that state administration bodies, other state organizations, subordinated to the Government the Republic of Belarus, regional executive committees and Minsk City Executive Committee (hereinafter -- state administration bodies) ensure the development, approval, coordination and implementation by the state commercial organizations, non-state commercial organizations stock (shares) of which belong to the Republic of Belarus (its administrative and territorial units), assigned to these state administration bodies (hereinafter -- commercial organizations) of five-year development forecasts, one-year development business plans.

2. To impose the personal responsibility on the heads of the commercial organizations for the absence, in the organizations headed by them, of approved five-year development forecasts, one-year development business plans.

3. To approve enclosed Regulations on development, approval, coordination and implementation of five-year development forecasts of the commercial organizations, business plans of the commercial organizations.

4. The state administration bodies, other state organizations, subordinated to the Government of the Republic of Belarus, Regional Executive Committees and to Minsk City Executive Committee, should provide:

4.1. not later than October 1, 2005:

4.1.1. formation of the commissions on development of the commercial organizations which are under the jurisdiction of or the parts of before-mentioned state organizations, for consideration of questions at issue and settlement of disagreements arising at the development, consideration and implementation of five-year development forecasts, one-year development business plans; to approve the Regulations on these commissions. To include in these commissions the representatives of the Ministry of Finance, the Ministry of Economy, the Ministry on Taxes and Dues, the banks crediting the commercial organizations, and other interested parties;

4.1.2. allocation of responsibility for matters of development, coordination and implementation of five-year development forecasts, one-year development business plans, for contacts, in relation to these matters, with crediting banks, the Ministry of Economy and with other interested state administration bodies, and for functioning of commissions formed in accordance with sub-clause 4.1.2 of this clause, to the deputy heads of administration bodies, organizations and Executive Committees;

4.1.3. formation or strengthening of the subdivisions responsible for development and supervision of implementation of five-year development forecasts, one-year development business plans of commercial organizations, arrangement of methodological, organizational and other activities on these matters in the branch or region, and coordination of work of these subdivisions;

4.1.4. development and approval of five-year development forecasts, one-year development business plans of commercial organizations, and procedures of coordination (presentation) thereof in before-mentioned administration bodies, organizations and executive committees. To include the provision in these documents, stipulating that one-year development business-plans of the commercial organizations, for which the special supervision is provided concerning the observance of basic indicators (gross-forming enterprises), are considered at sessions of collegiums of the ministries, councils of concerns, other supreme governing bodies of the state organizations subordinated to the Government of the Republic of Belarus, and by heads (deputy heads) of Regional Executive Committees and Minsk City Executive Committee; five-year development forecasts, one-year development business plans of commercial organizations, implemented with credit support of a bank, in case if there are negative conclusions of crediting banks or other unresolved questions concerning these forecasts and business plans, are considered on the commissions formed in accordance with sub-clause 4.1.2 of this clause;

4.1.5. preparation of branch-wide recommendations on development of five-year development forecasts and one-year development business plans for commercial organizations;

4.1.6. the following allocation of responsibilities:

deputy heads of state administration bodies, other state organizations, subordinated to the Government of The Republic of Belarus, Regional Executive Committees and Minsk City Executive Committee are responsible for gross-forming enterprises which are under the jurisdiction of or the parts of before-mentioned state organizations;

the heads of subdivisions of state administration bodies, other state organizations, subordinated to the Government of The Republic of Belarus, Regional Executive Committees and Minsk City Executive Committee, and also the heads of subdivisions of the commercial organizations are responsible for the commercial organizations not included in the list of gross-forming enterprises, which are under the jurisdiction or the parts of before-mentioned organizations;

4.2. [excluded];

4.3. submission of the information on fulfillment of sub-clause 4.1 not later than October 15, 2005, and the information on fulfillment of sub-clause 4.2 of this clause to the Ministry of Economy;

4.4. control over the development, approval, coordination and implementation of five-year development forecasts of the commercial organizations, business plans of the commercial organizations;

4.5. bringing, in the established order, to disciplinary responsibility of the heads of commercial organizations for non-fulfillment or unduly fulfillment of duties related to the development, approval, coordination and implementation of five-year development forecasts of the commercial organizations, one-year development business plans of the commercial organizations, stipulated by the contracts concluded with these heads;

4.6. presentation to the Ministry of Economy, quarterly till the day 15 of the month following the month under report, of the information about the development, approval, coordination and implementation of five-year development forecasts of the commercial organizations, development business plans of the commercial organizations, about the measures for the bringing to responsibility of officials, which have committed violations, to disciplinary responsibility and for elimination of the revealed violations.

5. The Ministry of Economy should submit the information on fulfillment of sub-clause 4.1 not later than November 1, 2005, and the information on fulfillment of sub-clause 4.2 of clause 4 of this Resolution to the Council of Ministers of the Republic of Belarus.

6. [Excluded]

7. The Ministry of Economy shall:

not later than October 1, 2005, develop and approve the unified form of the conclusion specifying the results of one-year development business plans of commercial organizations, and inform the interested parties about the before-mentioned form;

provide general methodological supervision and coordination of development, coordination and implementations of five-year development forecasts, one-year development business plans of commercial organizations;

include the information on the fulfillment of this Resolution along with the evaluation of the efficiency of measures taken by state administration bodies, other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees and Minsk city executive committee in the quarterly analytical information about the results of fulfillment of parameters of social and economic development of the Republic of Belarus for the current year to be presented to the Council of Ministers of the Republic of Belarus in accordance with legislation;

present to the Council of Ministers of the Republic of Belarus, in the established order, proposals on the bringing to responsibility of officials of the state administration bodies which have not ensured control over the development, approval and implementation of one-year development business plans of commercial organizations and the order of carrying out coordination thereof.

8. For the banks, it is recommended to provide the following:

8.1. to assist the commercial organizations in developing one-year development business plans and prepare conclusions on such  business plans;

8.2. to inform state administration body or other state organization, subordinated to the Government of the Republic of Belarus, Regional Executive Committee and Minsk City Executive Committee on making the decision on participation in crediting the commercial organization; to inform quarterly the before-mentioned state organizations about the crediting and the problems arising, requiring the joint decision.

9. The state administration bodies, other state organizations, subordinated to the Government of the Republic of Belarus, Regional Executive Committees and Minsk City Executive Committee, should bring their regulating legal acts to conformity with this Resolution; if necessary, these bodies should, in accordance with existing procedure, submit the proposals on implementation of sub-clause 4.1.4 of clause 4 of this Resolution.

10. To impose the control over the fulfillment of this Resolution on Deputies Prime Minister of the Republic of according to supervised directions.

11. This Resolution enters into force after a month since its official publication.

 

Prime Minister of the Republic of Belarus                                                                                                                                                       S.Sidorsky

APPROVED

Resolution of the Council of Ministers

of the Republic of Belarus

No.873 of August 8, 2005

(in the wording of Resolution

of the Council of Ministers

of the Republic of Belarus

No. 1091 of August 28, 2006)

 

REGULATIONS

on development and implementation, coordination and approval of five-year development forecasts

of the commercial organizations, development business plans thereof

Chapter 1

General provisions

1. These Regulations are developed for the purposes of perfection of system of work of state administration bodies, other state organizations, subordinated to the Government of the Republic of Belarus, regional executive committees and Minsk City Executive Committee (hereinafter referred to as the state administration bodies), the state commercial organizations, non-state commercial organizations stock (shares) of which belong to the Republic of Belarus (its administrative and territorial units), assigned to these state administration bodies (hereinafter -- commercial organizations) of five-year development forecasts (hereinafter -- development forecast), one-year development business plans (hereinafter -- development business plan).

2. These Regulations determine:

2.1. the procedure and terms for the development, approval by commercial organizations, of development forecasts, development business plan, and ;

2.2. the procedure and time limits for the consideration by banks and bodies of state administration of development business plan;

2.3. the procedure for the coordination by state administration bodies of development forecasts, development business plans for the settlement of controversial issues;

2.4. [excluded]

Chapter 2

Procedure and terms for development, approval by commercial organizations, of development

 forecasts, development business plans

 

3. The development forecasts, development business plans are to be prepared by the commercial organizations in accordance with branch-wide recommendations for the development thereof and legal acts of the Ministry of Economy.

The development forecasts, development business plans shall contain the indication to the heads and structural divisions of the commercial organizations responsible for the achievement of indices of performance thereof which have been communicated thereto and controlled by the state administration bodies.

4. The development forecasts are to be developed by the commercial organizations once in five years within two month period after the state administration bodies have communicated thereto indices of the social and economic development program of the Republic of Belarus for the forthcoming five years.

The development business plans are to be developed by the commercial organizations annually within two month period after the state administration bodies have communicated thereto indices of the social and economic development forecast for the forthcoming year.

5. Unified development forecasts and development business plans may be developed:

in whole for an association subordinated to a state administration body, of which the commercial organizations make part;

for a commercial organization and subsidiary organizations formed thereby.

It is carried out development, approval and coordination:

of development forecasts, development business plans of subsidiary organizations making part of an association, according to the procedure established by the state administration body;

of unified development forecasts and development business plans, according to the procedure established by these Regulations.

6. The development of development forecasts, development business plans is carried on the basis of orders of the heads of commercial organizations by the commercial organizations themselves under the control of the state administration bodies and also with participation of banks, in the instances of attraction of long term credits (hereinafter – credit) of these banks.

When necessary, organizations and individual entrepreneurs, which provide such services, may be engaged in accordance with the legislation of the Republic of Belarus for the development of development forecasts of commercial organizations for five years, development business plans for one year and .

7. The development of development forecasts, development business plans by the engaged organizations and individual entrepreneurs is to be carried out on the contractual basis.

The contract to be concluded shall reflect:

duties of the parties concerning settlements made, presentation of necessary authentic information;

terms of the development of necessary documents;

conditions and terms of further development (when necessary) of these documents.

8. The orders of the heads of commercial organizations on the development of development forecasts, development business plans shall determine:

8.1. persons responsible for the development of these documents, authenticity of the data used in the calculation, timely information of the respective state administration body on the course of the development and implementation thereof, timely introduction therein of necessary changes and additions within the implementation period;

8.2. the justification of the necessity to engage, for the developments of the documents, organizations and individual entrepreneurs providing services for the development of development forecasts, development business plans;

8.3. terms and time schedule-diagram for the development thereof.

9. The developed development forecasts, development business plans are to be approved by the heads of commercial organizations.

The approved development forecasts are to be sent to the state administration bodies for the coordination in the procedure established in Chapter 4 of these Regulations.

The approved development business plans are to be sent to the state administration bodies for coordination.

When the implementation of development business plans are to be carried out with attraction of the credit, the commercial organizations present them to the state administration bodies  for coordination only after the consideration thereof by the banks in the procedure established in Chapter 3 of these Regulations.

Chapter 3

Procedure and terms of the consideration by banks and state administration bodies of development business plans

 

10. The banks consider development business plans which are to be implemented with attraction of the credit and prepare a conclusion on these business plans in the form established by the banks.

11. In the case of a positive decision on development business plans, the banks send the relevant conclusion to the commercial organizations.

12. In the case when the banks do not agree with the volume of credits attracted which are stipulated by the development business plans they prepare a conclusion with detailed justification of the decision taken which is to be sent to the commercial organization. The conclusion shall contain proposals about measures which, according to the bank, should be taken to improve the efficiency of the implementation of these development business plans.

13. The development business plans which receive a negative conclusion of the bank are to be considered by the state administration body jointly with the bank and the commercial organization within 10 day period from the day of the receipt to such conclusion.

In the case of a repeat negative conclusion of the bank thereon, the business plans are to be presented for the consideration of commissions on the development of the commercial organizations formed at the state administration bodies with the participation of the bank.

14. [Excluded]

15. [Excluded]

16. [Excluded]

17. The terms of the consideration of development business plans by the banks, state administration bodies may not exceed 20 days from the receipt of necessary documents.

18. The term for the repeat presentation by the commercial organizations of further developed development business plans for the consideration to the banks and state administration bodies may not exceed 30 days.

19. The term for the repeat consideration of development business plans by the banks, state administration bodies may not exceed 15 days.

20. [Excluded]

Chapter 4

Procedure for the coordination by state administration bodies of development forecasts,

development business plans for the settlement of controversial issues

 

21. After consideration in the state administration bodies, the development forecasts, development business plans are to be coordinated by these bodies in accordance with the procedure, schedule prepared thereby.

The aggregate term for carrying out the expert examination and coordination may not exceed 30 days.

22. The schedules of the coordination of development forecasts are to be prepared and approved by the state administration bodies once in five years within a two-week period after the bringing to notice of the commercial organizations of the indices of the social and economic development program of the Republic of Belarus for the forthcoming five years.

The schedules of the coordination of development business plans are to be prepared and approved by the state administration bodies annually within a two-week period after the bringing to notice of the commercial organizations of the indices of the social and economic development forecast of the Republic of Belarus for the forthcoming year.

23. The collegial organs of the state administration bodies consider:

development forecasts, development business plans of the commercial organizations which are under special control over the fulfillment of main target indices of the social and economic development forecast of the Republic of Belarus for the forthcoming year;

development forecasts, development business plans on in the course of the consideration of which remain controversial and unsolved issues.

After the approval by the collegial organs of the state administration bodies, the said development forecasts, development business plans are to be agreed by the heads (their deputies) of these bodies and sent to the commercial organizations.

24. The development business plans not mentioned in clause 23 of this Chapter are to be coordinated by the heads (their deputies) of respective structural divisions of the state administration bodies and sent to the commercial organizations.

25. If changes leading to a decrease of activity indices of commercial organizations, which are communicated and controlled by the state administration bodies, are introduced in the coordinated development forecasts, development business plans, they are subject to repeat consideration and coordination according to the procedure established by these Regulations.

26. The controversial and unsolved issues arising at the development or consideration of development forecasts, development business plans, which could not be solved at collegial organs of the state administration bodies, are to be submitted for the consideration of the branch-wide or regional commissions on the development of commercial organizations.

 

Chapter 5
[Excluded]

 

* unofficial translation *