RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 20, 2020 No. 103

About modification and amendments in some decisions of the Government of the Republic of Uzbekistan (The presidential decree of the Republic of Uzbekistan of May 18, 2019 No. UP-5721 "About Measures for the Accelerated Development of Jewelry Industry in the Republic of Uzbekistan")

According to the Presidential decree of the Republic of Uzbekistan of May 18, 2019 No. UP-5721 "About Measures for the Accelerated Development of Jewelry Industry in the Republic of Uzbekistan", and also for the purpose of creating favorable conditions to the manufacturing companies of jewelry products the Cabinet of Ministers decides:

1. Make changes and additions to some decisions of the Government of the Republic of Uzbekistan according to appendix.

2. The ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

3. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan - the Minister of Finance D. A. Kuchkarov and the chairman of Uzbekzargarsanoati Association D. N. Samatov.

 

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 20, 2020 No. 103

Changes and additions made to some decisions of the Government of the Republic of Uzbekistan

1. In the Rules of retail trade in the Republic of Uzbekistan approved by the resolution of the Cabinet of Ministers of February 13, 2003 No. 75 (the joint venture of the Republic of Uzbekistan, 2003, No. 2, the Art. 15):

a) state the Section VII in the following edition:

"VII. Features of retail trade by jewelry from precious metals and gemstones

92. Retail trade by jewelry and other products from precious metals and gemstones can be performed by business entities - the legal entities registered in accordance with the established procedure with obligatory receipt of the registration certificate on the right of retail trade issued by the State assay chamber under the Ministry of Finance of the Republic of Uzbekistan (further - Assay chamber).

Producers of jewelry - the legal entities and individual entrepreneurs having the license for production of jewelry and other products from precious metals and gemstones have the right to enable retail sale of products of own production, buying up from the population of the scrap of precious metals, gemstones and products from them used in the production purposes to the address specified in the license without obligatory receipt of the registration certificate on the right of retail trade issued by Assay chamber.

Retail trade by jewelry and other products from precious metals and gemstones, precious and semiprecious stones is not object of collection for the right of retail trade by separate types of goods.

93. Sale of jewelry and other products from precious metals and gemstones, the processed not put in order precious and semiprecious stones is made only in specialized jewelry stores, departments, sections of shopping centers and/or complexes.

94. In trade floor without fail there shall be scales which underwent in accordance with the established procedure metrological control (electronic or analytical) and weights of the first or second classes of accuracy, koltsemer, paltsemer.

95. In specialized jewelry stores, departments, sections of shopping centers and/or complexes information on the tests of products established in the Republic of Uzbekistan from precious metals and gemstones, and also extraction from the regulating documents establishing procedure for approbation, the analysis and branding of jewelry and other products from precious metals, images of prints of assay brands, prints of signs of tests of the established sample, the registration certificate of Assay chamber on the right of retail trade, these rules and other information necessary for the buyer shall be in a visible place hung out.

For legal entities and individual entrepreneurs (licensed producers of the jewelry) performing retail trade by self-produced jewelry shall be in a visible place hung out: information on the tests of products established in the Republic of Uzbekistan from precious metals and gemstones, images of prints of assay brands, prints of signs of tests of the established sample, the license for production of jewelry, the code of personal brand of the producer and other information necessary for the buyer.

96. Sale of jewelry and other products from precious metals and gemstones is performed only in the presence on them print of personal brand of the producer, print of the assay brand which is put down by Assay chamber, or print of sign of test of the established sample which is independently put down by the producer of jewelry (for the products made in the territory of the Republic of Uzbekistan).

Responsibility for reliability of the test specified on jewelry and other products is born by the producer of these products.

The jewelry of foreign production imported from abroad for realization also without fail shall undergo approbation and branding and to have prints of the state assay brand of the Republic of Uzbekistan which is put down by Assay chamber.

Sale of not put in order gemstones is performed only in the facetted type, but not put in order semiprecious stones - only in the processed type.

Sale of the facetted diamonds, emeralds, sapphires, rubies, alexandrite is performed only in the presence of the certificate of the importer on each such stone or set (batch) of the sold gemstones.

The facetted gemstones (over 0,3 carat) which are subject to realization shall have individual packaging, and also the certificate of the importer on the facetted gemstone.

97. The jewelry and other products from precious metals and gemstones exposed for retail sale shall have the sealed-up labels with indication of the name of product, type of precious metal, test, type and the characteristic of inserts, including the method of processing which changed high-quality and color and cost characteristics of gemstone, and retail price of product (in case of wholesale of jewelry and other products from precious metals - availability of the separate sealed-up labels on each product is not required).

When using as inserts of the materials of artificial origin having characteristics (properties) of gemstones on labels information shall be specified that this stone is artificially grown up.

Separate types of jewelry and other products from precious metals and gemstones which according to the current legislation are not subject to branding shall have the quality certificate.

98. Jewelry and other products from precious metals and gemstones before giving in trade floor shall have pre-sale training which includes viewing and grading of products, verification of presence of prints of the state assay brand or print of sign of test of the established sample which is independently put down by the producer of jewelry (for the products made in the territory of the Republic of Uzbekistan), and personal brand of the producer, safety of seals and labels, sorting according to the sizes.

Information about officially the registered personal brands of producers is placed Assay chamber in open entry on the Portal of open data of the Republic of Uzbekistan.

The seller shall give to the buyer qualified help and provide with necessary consultation in the choice of jewelry from precious metals and gemstones and procedure for care of them, to acquaint the buyer with the samples which are available on sale.

At the request of the buyer the seller worker has the right to postpone for a period of up to the end of the working day of shop the jewelry which is selected by it from precious metals and gemstones.

Jewelry of precious metals and gemstones shall have individual packaging.

The seller can organize sale of joint products and provide to the buyer complex of additional services (engraving, exclusive packaging and other types of service).

By transfer of the acquired goods to the buyer the seller checks availability of print on it the state assay brand or print of sign of test of the established sample which is independently put down by the producer of jewelry (for the products made in the territory of the Republic of Uzbekistan), and personal brand of the producer, and also the certificate for the facetted gemstone and informs on it the buyer.

The seller upon the demand of the buyer at its presence is carried out weighing of the acquired jewelry and other product from precious metals and gemstones on the scales having error of weighing of no more 0,01 of.

The seller upon the demand of the buyer the seller shall provide information about officially the registered personal brands of producers.

99. Jewelry and other products from precious metals and gemstones are not subject to exchange and return, except as specified identifications in them the shortcomings which are not stipulated by the seller until acquisition (weak fixture of stones, locks in earrings, hinged connections in bracelets, cracks, chips, scratches, agnails and other shortcomings), discrepancies of print of the state assay brand or print of sign of test of the established sample to the actual test of jewelry alloy, product characteristics to data of the sealed-up label.

On the sold product, not put in order gemstones and the processed semiprecious stones the cash register receipt is issued to the buyer.

The facetted gemstones (over 0,3 carat) are not subject to exchange and return.

100. In case of detection in jewelry from precious metals and gemstones of the shortcomings which are not stipulated by the seller, the buyer within 6 months from the date of their purchase has the right to replace products on similar or others with the corresponding recalculation of purchase price or in them defects shall be gratuitously eliminated or the purchase price is in proportion reduced.

The buyer also has the right to terminate the purchase and sale agreement with indemnification. The specified requirements of the buyer are considered in case of presentation of the copy of the check.

101. In cases of violation of terms of replacement or non-paid remedial action the seller shall pay penalty according to requirements of the Law of the Republic of Uzbekistan "About consumer protection".

102. In case of disagreements concerning availability of shortcomings of jewelry from precious metals and gemstones and the reasons of their origin, and also product quality the seller shall accept from the buyer product from precious metals and gemstones and to send it for conducting independent examination to Assay chamber. Payment for work for conducting examination is performed by the seller.

In case of confirmation based on the received decision of Assay chamber of the fact of groundlessness of claims on product quality from the buyer, the buyer compensates costs of the seller in full in the procedure established by the legislation.

103. Acceptance of cash from the buyer for the sold jewelry from precious metals and gemstones is made using cash registers or payment terminals by means of information and communication technologies, with obligatory issue of the check according to the legislation.

104. Commission trade by jewelry from precious metals and gemstones is made according to rules of commission trade by goods only in shopping facilities by the legal entities specified in Items 92-93 of these rules, who received the registration certificate of Assay chamber.

105. The seller bears responsibility according to the procedure, established by the legislation, for:

abuse of regulations of sale of jewelry from precious metals and gemstones;

realization with violation of established procedure of approbation and branding of jewelry, and also not credited counterfeit products.

106. The legal entities performing activities for retail, commission, wholesale trade by jewelry and other products from precious metals and gemstones with use of information and communication technologies shall keep the electronic register of the received and realized jewelry.

Violation of this Item attracts responsibility according to the legislation";

b) state Item 107 in the following edition:

"107. The legal entities having the registration certificate have the right to perform activities for buying up of scrap of jewelry from precious metals and gemstones, products from them, and also precious and semiprecious stones from the population through the skupochny Items organized in specially equipped rooms which are in jewelry stores, departments, sections of shopping centers and/or complexes (further - buying up Items) to the right of retail trade by jewelry and other products from precious metals and gemstones, precious and semiprecious stones issued by Assay chamber.

At the same time to the legal entities having the registration certificate issued by Assay chamber on the right of retail trade by jewelry and other products from precious metals and gemstones, precious and semiprecious stones:

a) it is allowed to acquire at the population on contractual basis:

precious metals gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) and products from them cultural and community appointment;

standard and measuring ingots from precious metals;

coins from precious metals;

precious and semiprecious stones;

the hours and their parts made of precious metals;

porcelain and crystalware in silver frame;

b) it is forbidden to acquire:

technical diamonds;

precious and semiprecious stones in a raw state;

gold, silver platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in nuggets, shlikha, plates, wire and in the form of sand;

objects of technological appointment from gold, platinum, palladium and silver (rivet, platinum laboratory glassware and belongings to it - crucibles, cups, covers to crucibles, electrodes, pallets, test tubes, funnels, thermoconverters, thermocouples from platinum and platinorodiyevy alloys and so forth);

values at the state, non-state and non-profit organizations";

c) add with Items 107-1 - 107-4 following of content:

"107-1. The subjects of entrepreneurship having the license for production of jewelry have the right without receipt of the registration certificate issued by Assay chamber to perform only to the address specified in the license (otherwise receipt of the registration certificate is obligatory), buying up at physical persons for use only in the production purposes:

jewelry, scrap of jewelry from precious metals, gemstones and product from them;

precious metals, the precious and semiprecious stones got by prospecting production;

coins from precious metals, standard and measuring ingots;

disks from precious metals for dental products;

precious and semiprecious stones;

gold, silver of platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in nuggets, shlikha, plates, wire and in the form of sand;

values of the state, non-state and non-profit organizations.

107-2. Jewelry, and also scrap of these products, being at the command pawnshops, the microcredit institutions having executive text of the notary can be realized based on agreements to the legal entities and individual entrepreneurs having licenses for production of jewelry or the legal entities having the registration certificate on buying up or the license for the right of implementation of affinaging activities.

107-3. Producers of jewelry (individual entrepreneurs) perform buying up without opening of special Item to the address specified in the license for production of jewelry without receipt of the registration certificate issued by Assay chamber.

107-4. The subjects of entrepreneurship having the license for the right of implementation of affinaging activities have the right:

a) without receipt of the registration certificate issued by Assay chamber to perform buying up only to the address specified in the license (otherwise receipt of the registration certificate is obligatory), at legal entities and physical persons:

jewelry and scrap of jewelry from precious metals;

the precious metals extracted by prospecting production;

coins from precious metals, standard and measuring ingots;

disks from precious metals for dental products;

gold, silver of platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in nuggets, shlikha, plates, wire and in the form of sand, objects of technological appointment;

scrap and production wastes of precious metals;

values of the state, non-state and non-profit organizations;

b) realize precious metals;

c) organize the exit Items for servicing of subjects of prospecting production equipped according to the requirements ensuring safety of the redeemed precious metal. Equipment of exit Items shall conform to requirements of Item 112 of these rules";

d) state Item 109 in the following edition:

"109. Jewelry and other products, scrap of jewelry from precious metals and gemstones, products from them, and also the precious and semiprecious stones acquired after their payment by buying up Item to sellers do not come back";

e) recognize Items 110 and 111 invalid;

e) state Item 112 in the following edition:

"112. For determination of test of precious metals and weighing of values Items of buying up shall have:

the analytical equipment or chemical reactants for determination of all established tests;

karat (electronic or analytical) scales for weighing of gemstones;

scales of I or II classes (electronic or analytical) for weighing of gold, silver, platinum and metals of platinum group";

g) state Item 114 in the following edition:

"114. All transactions connected with purchase of jewelry and other products, scrap of jewelry from precious metals and gemstones, and also precious and semiprecious stones are made in the presence of the seller (test determination, weighing, removal of pins, rosin, etc.)";

h) recognize Items 115 and 116 invalid;

i) state Item 117 in the following edition:

"117. The jewelry which is bought up by buying up Item, being in condition, suitable for further realization, conforming to requirements of Item 98 of these rules is exposed for realization";

j) add with Items 117-1 - 117-4 following of content:

"1171. Producers of jewelry, as well as the buying up Items organized by the legal entities having the license for the right of implementation of affinaging activities independently determine accounting treatment, storages, expenditure and calculations for the redeemed precious metals and gemstones.

117-2. All other Items of buying up require availability of independently developed and documentary drawn up procedure for acceptance and calculations for the redeemed precious metals and gemstones.

117-3. Buying up Items in case of buying up of the product which does not have print of the assay brand of the Republic of Uzbekistan which is put down by Assay chamber, or personal brand of the producer and print of sign of test of the established sample which is independently put down by the producer of jewelry (for the products made in the territory of the Republic of Uzbekistan), and not subject to exposure for realization, can realize it on contractual basis to the producers of jewelry or legal entities having the license for the right of implementation of affinaging activities.

117-4. For the purpose of exception of illicit trafficking, and also realization of counterfeit jewelry Items of buying up are forbidden to transfer the redeemed products which do not have print of assay brand of the Republic of Uzbekistan or personal brand of the producer and print of sign of test of the established sample which is independently put down by the producer of jewelry (for the products made in the territory of the Republic of Uzbekistan), for carrying out transactions on their approbation and branding to Assay chamber.

The realization of such products is enabled according to Item 1173 of these rules";

k) in Item 118:

third after words of "cash registers" to add the paragraph with the words "and settlement terminals on acceptance of payments from plastic cards";

the fifth to exclude the paragraph;

l) state Item 148 in the following edition:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info