SECTOR
10.1. Legal Framework
The mining sector is one of the key sectors for the economy of the Kyrgyz Republic and plays a significant role in generating export revenues, budget revenues, and regional development. Kyrgyzstan possesses significant mineral resource potential, including deposits of gold, silver, coal, antimony, rare and non-ferrous metals, as well as groundwater and construction materials.
The subsoil of the Kyrgyz Republic is the exclusive property of the state and is under its special protection. The use of subsoil is permitted solely on the basis of rights granted by the state in accordance with the procedure established by law.
| Key regulatory legal acts | Law of the Kyrgyz Republic "On Subsoil" dated May 19, 2018 No. 49 (hereinafter – the Subsoil Law) |
|---|---|
| Authorized body | Ministry of Natural Resources, Ecology and Technical Supervision of the Kyrgyz Republic |
10.2. Types and forms of subsoil use
Subsoil is granted for use for the following purposes:
• geological study (exploration and prospecting);
• development of mineral deposits, including extraction and use of groundwater;
• construction and operation of underground facilities not related to mineral extraction;
• other special types of subsoil use provided for by law.
The right to use subsoil arises on the basis of:
• license;
• concession agreement;
• production sharing agreement;
• state registration.
10.3. Granting of subsoil use rights
Depending on the category of the subsoil plot and its significance, the right to use subsoil is granted by one of the following methods:
| Competition | for subsoil plots of national significance; |
|---|---|
| Auction | for subsoil plots included in the register of auction objects; |
| Rule of "first submitted application" | For subsoil plots that are neither auctioned nor competitive, or for plots not related to the exploration and development of deposits; |
| By decision of the Cabinet of Ministers of the Kyrgyz Republic | Regarding state enterprises and economic entities with at least 2/3 state participation. |
10.4. Subsoil use licensing
All types of subsoil use are subject to licensing, except in cases provided for by law. Licensing is carried out in accordance with the Regulation on the procedure for licensing subsoil use, approved by the resolution of the Government of the Kyrgyz Republic dated November 29, 2018 No. 561.
Licensing is phased and includes licenses for:
• geological exploration work;
• geological survey work;
• development of mineral deposits.
Each subsequent stage is granted to the current licensee subject to proper fulfillment of licensing conditions, submission of reports, and accounting of mineral reserves in the state balance.
10.5. Foreign investors
Foreign legal entities have the right to obtain subsoil use rights on an equal basis with domestic companies. At the same time, a foreign investor who has obtained the right to subsoil use is obliged to establish a subsidiary company in the Kyrgyz Republic for licensing purposes, as well as to provide information about the beneficial owners.
10.6. State participation
in the mining industry
For a number of projects in the field of subsoil use, the legislation provides for mandatory state participation.
In the development of large and medium deposits of gold and silver, mandatory state equity participation of at least 30% is provided. 49
State enterprises and economic entities with 2/3 state ownership are entitled to implement subsoil use projects jointly with investors through simple partnership agreements or by creating joint or subsidiary companies. The minimum state participation in such projects depends on the type of mineral resources and is at least 30%-40%.50
10.7. Social obligations and
interaction with regions
For subsoil objects of national importance, the legislation provides for the conclusion of a social package – an agreement between the subsoil user and local authorities aimed at the socio-economic development of the region.51 Social packages and reports on their implementation are subject to public disclosure.
Law on Subsoil, part 4-1 of article 19. Regulation on the conditions for state enterprises and economic entities with at least two-thirds state participation in the authorized capital to conduct joint activities with investors for the implementation of granted subsoil use rights (approved by the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated August 23, 2022 No. 472). For other subsoil objects, the conclusion of a social package is voluntary.
10.8. Taxes and mandatory payments for subsoil use
The following special taxes and mandatory payments apply to subsoil use:
| Type of tax/payment | When applied | Rates and calculation |
|---|---|---|
| Bonus | upon granting or changing the subsoil use right (obtaining a license, transformation, transfer of rights, change of shares, increase of reserves or area); | one-time payment; the rate depends on the amount of reserves (for development) or the size of the licensed area (for exploration and prospecting); |
| Royalty | upon extraction of mineral resources, withdrawal of groundwater; | current payment; rates vary depending on the type of mineral resource; |
| Income tax | upon extraction and sale of ores, concentrates containing gold, silver, copper, antimony, mercury, tungsten and tin, as well as gold alloy and refined gold, finished products of the above metals; | rates are progressive, depend on world prices for the respective metal; calculated from revenue and replaces the profit tax; |
| License retention fee | when holding a license for exploration, prospecting, and development of deposits until reaching the design capacity (at least 90% of the annual production volume); | calculated depending on the area of the licensed site, type of mineral resource, date of issuance, and period of subsoil use. |
| Contributions for the development and maintenance of local infrastructure52 | during the development (extraction) of mineral deposits; | 2% of revenue from the sale of mineral resources or their cost before processing; paid to regional development funds and local budgets |
In addition, other applicable taxes, fees, and mandatory payments provided by law are also subject to payment.
Contributions for the development, maintenance of local infrastructure, and implementation of targeted activities in accordance with socio-economic development programs of the territories.
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These materials were prepared by the National Investment Agency together with Baker Tilly, are informational only and do not constitute legal advice. Data is current as of June 2026. Verify against applicable laws and consult the NIA before making decisions.