RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of December 31, 2020 No. 833

About measures for ensuring step-by-step implementation of system of obligatory digital marking of separate types of goods

For the purpose of ensuring execution of resolutions of the President of the Republic of Uzbekistan of July 10, 2019 No. PP-4389 "About additional measures for enhancement of tax administration" and of April 28, 2020 No. PP-4699 "About measures for widespread introduction of digital economy and the electronic government", including establishments of rules of marking of goods means of identification and tracking of their turnover, and also enhancement of mechanisms of step-by-step implementation of system of obligatory digital marking of separate types of goods the DECIDES: Cabinet of Ministers

1. Take into consideration that according to the resolution of the Cabinet of Ministers of November 20, 2020 No. 737 "About introduction of system of obligatory digital marking of separate types of goods":

the inventory concerning which the requirement for obligatory digital marking by means of identification in 2021-2022 is introduced (further - the List) is approved;

the national information system of marking and tracking of products of "Asl belgisi" is implemented (further - NIS "Asl belgisi");

the corresponding opportunities in the Solikh Kamkor system and in the Solikh mobile applications on establishment of public control over production and realization of unmarked products are created.

2. Take into consideration:

signing on the basis of direct negotiations between the State Tax Committee of the Republic of Uzbekistan and CRPT TURON Limited liability company of the agreement on public-private partnership for the purpose of ensuring step-by-step implementation of system of obligatory digital marking of separate types of products;

that the CRPT TURON limited liability company till July 1, 2021 according to the procedure, established by the Agency of intellectual property under the Ministry of Justice of the Republic of Uzbekistan, shall register exclusive rights on the results of intellectual activities relating to NIS "Asl belgisi".

3. Approve the offer of the Ministry of Finance of the Republic of Uzbekistan on establishment of the amount of single payment (rate) for rendering services in provision of codes of marking to producers and importers of products with obligatory marking in the amount of 68 sum for 1 code excluding tax on value added.

At the same time foreign producers of the goods which are subject to obligatory digital marking are granted the right of payment of cost of services in provision of codes of marking in foreign currency in the amount of the approved rate in national currency at the Central Bank rate of the Republic of Uzbekistan on the date of issue of these codes.

4. Approve:

Rules of digital marking of products by identification and tracking of its turnover according to appendix No. 1;

Regulations on procedure for maintenance and operation of national information system of digital marking and tracking of products of "Asl belgisi" according to appendix No. 2;

Regulations on features of marking of tobacco products means of digital identification according to appendix No. 3;

Regulations on features of marking of alcoholic products means of digital identification according to appendix No. 4.

5. In accordance with the established procedure to provide to the State Tax Committee of the Republic of Uzbekistan:

carrying out voluntary experiments on digital marking of products;

extension of the inventory, subject to digital marking, and implementation terms.

6. To the State Tax Committee of the Republic of Uzbekistan:

take all necessary measures for providing Items of trade in the special devices providing the correct reading and determination of barcodes and codes of digital marking (2D - scanners, terminals of information collection or special devices of other type);

hold broad propaganda events for question of use of the established privileges by the subjects of entrepreneurship which acquired special devices;

exercise strict control over the implementation of requirements for obligatory digital marking of separate types of goods, and also behind observance by participants of turnover of these goods of requirements of rules of digital marking of goods by identification and tracking of their turnover.

7. To the State Tax Committee together with the Ministry of Finance of the Republic of Uzbekistan and other interested ministries and departments to submit for approval in the Cabinet of Ministers procedure for marking and tracking:

medicines and products of medical appointment - till December 30, 2021;

water and soft drinks - till March 1, 2022;

household appliances - till May 1, 2022.

8. Make changes and additions to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 5.

9. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 6.

10. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan on financial and economic questions and reducing poverty - the Minister of Economic Development and reducing poverty of Kuchkarov D. A. and chairman of the State Tax Committee of the Republic of Uzbekistan Kudbiyev Sh. D.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of December 31, 2020 No. 833

Rules of digital marking of products by identification and tracking of its turnover

Chapter 1. General provisions

1. These rules determine procedure for marking of products by means of digital identification, including the application and forming of means of digital identification, representation by participants of turnover of goods which are subject to the obligatory marking, data on turnover of products which is subject to obligatory marking, the operator of the National information system of digital marking and tracking of goods (further - the Operator) for the purpose of introduction in information system of marking.

2. These rules are not applied:

a) in case of storage and transportation of samples in the quantity sufficient for carrying out technical testing for the purpose of determination and assessment of conformity to the requirements established by regulatory legal acts;

b) to the products imported on the territory of the Republic of Uzbekistan by organizers and participants of the international exhibitions and fairs as samples of exhibits, advertizing and marketing samples and which are not intended for realization (trade);

c) to products which are under customs control;

d) to products which are foreign humanitarian and international technical assistance according to the legislation of the Republic of Uzbekistan;

e) to products sold in customs regime "duty-free trade (Duty free);

e) to products which are not prepared for the realization including which is not packed into consumer packaging in case of storage of these products by producers;

g) to the products removed from circulation, withdrawn, confiscated or turned into the income of the Republic of Uzbekistan otherwise and to products on which collection is turned into the account of non-execution of the obligations provided by the tax and customs legislation of the Republic of Uzbekistan in case of storage and transportation, realization (sale), and also to products which are liable to destruction - in case of its storage and transportation;

h) to products imported on the territory of the Republic of Uzbekistan by physical persons within the import regulations established by the legislation into the republic of goods without collection of customs payments;

i) to products intended for official use by diplomatic representations, consular establishments, international, interstate and intergovernmental organizations, their representations, representative offices of the states in case of them - in case of its storage, transportation and application;

j) to products intended for export for export from the territory of the Republic of Uzbekistan and transit;

k) to product samples, the testing intended for carrying out and check and not intended for realization (sale);

l) to the products imported on the territory of the Republic of Uzbekistan by participants of turnover of products if the participant of turnover of products acts within the commission agreement (agency service) at the request of the foreign producer for the purpose of execution of sponsor's agreements between the foreign producer and legal entities and physical persons, and which are not intended for realization (sale).

3. Acquisition, storage, input in turnover of goods without the put means of digital identification and input in information system of marking of data on marking of products by digital identification, and also turnover and conclusion from turnover of goods, unmarked by digital identification, is allowed before the date established according to features of marking by digital identification for group of products.

Input in turnover of goods without application of means of digital identification and not direction in information system of marking of data on marking after the established start date of obligatory digital marking, and also acquisition, storage, input in turnover and conclusion from turnover of goods, unmarked by digital identification, including implementation of these transactions with violation of the regulations established according to features of digital marking by identification for the corresponding group of goods, or these rules is recognized abuse of regulations of obligatory digital marking and is the basis for accountability according to the legislation.

4. In these rules the following basic concepts are applied:

aggregation - process of consolidation of products in consumer packaging or group packaging in shipping package of products of the first level, and also shipping packages of the first level in shipping package of the subsequent levels with drawing on the created shipping package of the code of identification of shipping package containing information on interrelation of codes of identification of each enclosed consumer packaging, group packaging, shipping package;

aggregative import code - the unique sequence of symbols for job lot of products representing consolidation of codes of marking of each goods, created by the operator and specified in the cargo customs declaration;

introduction of products in turnover - in case of production:

in the territory of the Republic of Uzbekistan - primary paid or voluntary conveyance of goods from the producer to the new owner or the other person for the purpose of its alienation to such person or the subsequent realization which makes goods available for distribution and (or) use;

release (realization) by the importer for internal consumption in the Republic of Uzbekistan - the household appliances made outside the territory of the Republic of Uzbekistan;

for the purpose of marking by introduction of products in turnover is recognized:

paid or voluntary conveyance by legal entities and individual entrepreneurs of the goods which are earlier acquired by them for the purposes which are not connected with their subsequent realization (sale);

paid and (or) voluntary conveyance of the goods to the new owner acquired by legal entities and individual entrepreneurs in accordance with the established procedure in case of realization of the ownerless, removed from turnover, confiscated, being under a ban, turned into property of the state according to the judgment and authorized bodies;

realization (sale) by the broker of products received within the commission agreement from the physical persons who are not individual entrepreneurs;

products conclusion from turnover - realization (sale) of the marked products to the physical person for private consumption, withdrawal (confiscation), utilization, destruction, loss of products and sales of products which were in turnover in the territory of the Republic of Uzbekistan out of limits of the territory of the Republic of Uzbekistan, use of products for own needs, and also other actions providing the termination of turnover of goods in the future;

group packaging - the certain product quantity created by the participant of turnover of goods, wrapped by polymeric film or paper or fitted by paper tape, having code of identification of group packaging which can be realized;

the importer - the legal entity or the individual entrepreneur importing products into the Republic of Uzbekistan for the purpose of sales of products in the territory of the Republic of Uzbekistan;

individual serial number - the sequence of symbols, it is unique identifying based on commodity code commodity unit, either set of goods, or set of goods, or group packaging;

information system of marking - the National information system of marking and tracking of products of "Asl belgisi";

marking code - the unique sequence of symbols created by the Operator, consisting of code of identification and code of check;

identification code - the sequence of symbols representing unique number of copy of products;

code of identification of set of goods - the sequence of symbols representing unique number of copy of set of goods, created for the purposes of identification of set of goods according to these rules;

code of identification of set of goods - the sequence of symbols representing unique number of copy of set of products, created for the purposes of identification of set of goods according to these rules;

code of identification of shipping package - the sequence of symbols representing unique number of copy of shipping package, created according to these rules;

check code - the sequence of symbols created by the Operator on the basis of identification code according to the procedure of imitating addition and allowing to determine falsification of code of identification when checking by means of use of technical means of the fiscal store and (or) code of check;

products code - the unique code of the description in group of products providing accounting and storage of authentic data on products according to the product range in case of the characteristic in information resource;

set of goods - the set of goods created by the producer combined by general consumer packaging which is not subject to disassembling in case of realization (sale) having code of identification of set;

personal office - the information service posted on the official website of the Operator on the world information Internet, provided in accordance with the established procedure by the Operator to the participant of turnover of goods or state body and applied by the Operator, the participant of turnover of goods and state body;

products with digital marking - products with the means of digital identification put according to requirements of these rules, authentic data on which (in particular, data on the means of digital identification applied on it) are stored in information system of marking;

products without digital marking - the products which are not marked by digital marking and (or) having the damaged (unreadable) means of digital identification and (or) marked by counterfeit (counterfeited) codes of marking and (or) marked with violation of requirements of these rules (including reuse of codes of marking, use of the codes of marking issued by the Operator to other participant of turnover of products and (or) for the purpose of marking of other group of goods);

marking - drawing according to these rules of funds of identification for products or its packaging or other material carrier;

set of goods - the set of goods created by the participant of turnover of goods, each of which has identification code, created by participants of turnover of goods at any stage, having code of identification of set and subject to realization to the consumer with possibility of disassembling;

turnover of goods - import of products to the Republic of Uzbekistan, its production, storage, transportation, receiving and delivery, including its acquisition and realization in the territory of the Republic of Uzbekistan;

The operator - the legal entity registered in the Republic of Uzbekistan performing creation, development, enhancement and operation of information system of marking;

the operator of roaming - the legal entity providing centralized storage, transfer between operators and maintaining electronic invoices;

the operator of fiscal data - the state unitary enterprise "Scientific Information Centre of New Technologies" under the State Tax Committee of the Republic of Uzbekistan performing online acceptance of fiscal data, their processing and storage;

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