RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 22, 2014 No. 702

About entering of amendments and changes into resolutions of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156 and of April 23, 2012 No. 384

According to Item 1 of article 35 of the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering in the Republic of Belarus" and the paragraph the fourth subitem 5.1 of Item 5 of the Presidential decree of the Republic of Belarus of April 12, 2013 No. 168 "About some measures for optimization of system of state bodies and other state organizations, and also the number of their workers" the Council of Ministers of the Republic of Belarus DECIDES:

1. Make additions and changes to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, No. 156 approved by the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330; National legal Internet portal of the Republic of Belarus, 16.08. 2012, 5/36106; 16:04. 2013, 5/37100; 22:05. 2014, 5/38860) to add with Item 9.21 of the following content:

"9.21. Approval of holding fair

at the republican level (republican, international, foreign fairs) – Ministry of Trade, at the local level – regional, city (including Minsk city), district executive committees at the venue of fair

statement participant list of fair the document confirming competences of the organizer to holding fair in certain territory (in the building, the room)

15 days

for the period of holding fair

free of charge";

1.2. in the resolution of Council of Ministers of the Republic of Belarus of April 23, 2012 No. 384 "About some questions of exhibition and fair activities" (The national register of legal acts of the Republic of Belarus, 2012, No. 50, 5/35618; National legal Internet portal of the Republic of Belarus, 06.07. 2013, 5/37484):

to add paragraph two of Item 1 and paragraph two of Item 2 after the word of "exhibitions" with words ", trade fairs";

To be reworded as follows the regulations on procedure for the organization of exhibitions and fairs in the Republic of Belarus approved by this resolution it (is applied).

2. This resolution becomes effective since July 22, 2014.

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 23, 2012 No. 384

(in edition of the Resolution of Council of Ministers of the Republic of Belarus of July 22, 2014 No. 702)

Regulations on procedure for the organization of exhibitions, trade fairs and fairs in the Republic of Belarus

1. This Provision determines procedure for the organization of exhibitions, trade fairs and fairs in the territory of the Republic of Belarus.

Action of this provision extends on legal entities, the individual entrepreneurs performing the organization of exhibitions, trade fairs and fairs in the territory of the Republic of Belarus and also on legal entities, the individual entrepreneurs, physical persons taking part in them.

2. This Provision does not extend on:

activities of the museums, the organization of exhibitions, exposures and other activities in the field of culture, holding fairs selling works of folk art and products of national crafts (crafts);

holding exhibitions by legal entities, individual entrepreneurs for the purpose of demonstration of the goods (property) belonging to them in the buildings, rooms which are in their property (economic maintaining, operational management) or belonging to them on the right of lease (free use);

the demonstration, sales of goods (property) performed as nonbasic (additional) element of the public or professional actions limited on time and the venue (seminars, meetings, conferences, congresses, the congresses, forums and another), the words "exhibition" and "fair" which are not containing in the name.

3. In this Provision the following terms and their determinations are used:

exhibition - the action organized in specially designated place and in limited terms on which goods, scientific and technical developments, technologies are shown information on works and services is provided;

fair - the action organized in certain place and in certain time with provision of places for sales of goods (performance of works, rendering services) or the conclusions of the agreements providing deliveries of goods, information on which is in advance publicly brought to the uncertain group of people;

trade fair - fair which main objectives are goods demonstration, submission of information on works and services;

scope of exhibition, trade fair, fair - economy industry, the sphere of scientific, cultural life of society to which the exhibits presented at exhibition, trade fair, fair belong;

exhibitor (participant) of exhibition, trade fair, fair (further - exhibitor (participant) - the legal entity, the individual entrepreneur, physical person showing, providing information on goods, works, services or realizing the goods performing the works rendering services within scope of exhibition, trade fair, fair;

foreign exhibition, trade fair, fair - the exhibition, trade fair, fair organized in the territory of the Republic of Belarus in which only nonresidents of the Republic of Belarus take part in quality of exhibitors (participants);

the international exhibition, trade fair, fair - exhibition, trade fair, fair in which at least 10 percent of nonresidents of the Republic of Belarus from total number of exhibitors (participants) participate;

the local exhibition, trade fair, fair - exhibition, trade fair, fair, exhibitors (participants) of which are legal entities, individual entrepreneurs of one area of the Republic of Belarus or Minsk;

the republican exhibition, trade fair, fair - exhibition, trade fair, fair, exhibitors (participants) of which are legal entities, individual entrepreneurs of two and more areas of the Republic of Belarus and (or) Minsk;

specialized exhibition, trade fair, fair - exhibition, trade fair, fair within which goods are shown, implemented information is provided, works are performed, services in one subject are rendered;

universal exhibition, trade fair, fair - exhibition, trade fair, fair within which goods are shown, implemented information is provided, works are performed, services in different subjects are rendered;

the organizer of exhibition, trade fair, fair (further - the organizer) - the state body, the Belarusian Chamber of Commerce and Industry, other legal entity, the individual entrepreneur performing the organization and management of exhibition, trade fair, fair;

the co-organizer of exhibition, trade fair, fair (further - the co-organizer) - the legal entity, the individual entrepreneur involved by the organizer based on the agreements signed with them or according to administrative documents of superior organization to accomplishment on behalf of the organizer of separate functions on the organization of exhibition, trade fair, fair;

exhibit - goods, work, service or information on them, demonstration and (or) sale, accomplishment which rendering are performed at exhibition, trade fair, fair.

4. Exhibitions, trade fairs, fairs share:

depending on geographical structure of exhibitors (participants) - on foreign, international, republican and local;

on subject - on specialized and universal.

5. Requests for holding exhibitions (further - requests):

5.1. at the republican level (foreign, international, republican exhibitions) move organizers in the Ministry of Trade no later than October 1 of the year preceding year of holding exhibition;

5.2. at the local level (local exhibitions) district executive committees at the venue of exhibitions not later than month to the announcement in mass media of their carrying out move organizers in regional, city (including the Minsk city).

6. Statements on approval of holding trade fairs and fairs (further, unless otherwise specified, - statements):

6.1. at the republican level (foreign, international, republican trade fairs and fairs) move organizers in the Ministry of Trade:

no later than October 1 of the year preceding year of holding trade fair;

not later than 15 days to the announcement in mass media of holding fair;

6.2. at the local level (trade fairs, local fairs) district executive committees at the venue of trade fairs, fairs not later than 15 days to the announcement in mass media of their carrying out move organizers in regional, city (including the Minsk city).

7. In the statement, the request are specified:

full name and scope of exhibition, trade fair, fair;

terms and fair ground, trade fairs, fairs, its address;

list of co-organizers.

The participant list of exhibition, trade fair, fair and the document confirming competences of the organizer to holding exhibition, trade fair, fair in certain territory are attached to the statement, the request (in the building, the room).

8. The Ministry of Trade creates and conducts:

8.1. based on requests and statements for approval of holding trade fairs according to which the positive decision was made, - calendar of foreign, international and republican exhibitions, the trade fairs organized in the Republic of Belarus (further - calendar), the current calendar year;

8.2. based on statements on approval of holding fairs on which the positive decision was made, - the list of the foreign, international and republican fairs organized in the Republic of Belarus (further - the list), the current calendar year.

9. The Ministry of Trade, regional, city (including the Minsk city), district executive committees at the venue of exhibitions, trade fairs, fairs have the right to refuse inclusion of exhibition in calendar or approval of holding trade fair, fair in cases:

carrying out within one area of the Republic of Belarus or Minsk in the same or close calendar terms (20-30 calendar days) of exhibitions, trade fairs, fairs of identical subject;

lack of the document confirming competences of the organizer to holding fair in certain territory (in the building, the room);

uses by organizers of identical or close names (logos) of exhibitions, trade fairs, fairs, except for registration of the specified names (logos) according to the Law of the Republic of Belarus of February 5, 1993 "About trademarks and service marks" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1993, No. 13, Art. 128; National register of legal acts of the Republic of Belarus, 2000, No. 106, 2/222);

non-compliance by organizers of submission due dates with requests, statements or availability of information on failure to carry out by organizers of the obligations provided in Item 13 of this provision when holding the previous exhibitions, trade fairs, fairs.

Regional, city (including the Minsk city), district executive committees refuse approval of holding local trade fair, fair in case of carrying out in this region in the same or close calendar terms (2030 calendar days) of foreign, international or republican exhibitions, trade fairs, fairs of identical subject, except for fairs selling agricultural products.

10. The project of calendar for the next year is approved with organizers and affirms the Minister of Trade. The calendar and the list are posted on the official site of the Ministry of Trade on the global computer Internet and are brought to the attention:

republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees (Minsk Gorispolkom), the Belarusian Chamber of Commerce and Industry and through the Ministry of Foreign Affairs - to diplomatic representations and consular establishments of the Republic of Belarus;

legal entities, individual entrepreneurs through mass media and the global computer Internet.

11. The Ministry of Trade when maintaining calendar the current calendar year has the right to make changes to it based on the proposals of organizers submitted at least a month before the announcement of holding foreign, international and republican exhibition, trade fair in mass media.

12. The organizer has the right:

determine at discretion subject, the name (logo), the place and terms of holding exhibition, trade fair, fair, and also the list of the services provided to exhibitors (participants) and visitors connected with the organization of exhibition, trade fair, fair;

attract in need of the co-organizer to accomplishment from his name of separate functions on the organization of exhibition, trade fair, fair.

13. The organizer shall:

have competences on the organization of exhibition, trade fair, fair in certain territory (in the building, the room);

submit the application, approve holding trade fair, fair at the republican level with the Ministry of Trade, at the local level - with regional, city (including Minsk city), district executive committees in the place of their carrying out;

develop and approve the plan of preparation and holding exhibition, trade fair, fair, to determine the mode of their work, procedure for provision of places for goods demonstration, scientific and technical developments, technologies, sales of goods (performance of works, rendering services) at trade fair, fair, submissions of information on works and services at exhibition;

publish in mass media and (or) post on the website on the global computer Internet (in case of its availability) information on holding exhibition, trade fair, fair not later than month before their carrying out;

take measures for observance by sellers of requirements of the legislation of the Republic of Belarus, including about consumer protection, sanitary and epidemiologic wellbeing of the population;

constitute the list of exhibitors (participants);

on requests of exhibitors (participants) it is non-paid to provide the information about structure of exhibitors (participants), the expected number of visitors of exhibition, trade fair, fair, the layout exhibition, fairgrounds;

inform in 10-day time after the end of foreign, international and republican exhibition, trade fair, the fair Ministry of Trade, after the end of local exhibition, trade fair, fair - regional, city (including Minsk city), district executive committees in the place of their carrying out on results of exhibition, trade fair, fair.

14. Responsibility for the organization and holding exhibition, trade fair, fair is born by the organizer, including for execution by co-organizers of the functions transferred to them on the organization of exhibition, trade fair, fair, except as specified, when civil responsibility to the third parties is conferred according to the signed contract for the co-organizer.

Trade in goods, performance of works, rendering services at fairs, trade fairs are performed according to requirements of the legislation.

15. The exhibitor (participant) has the right:

refuse the participation in exhibition, trade fair, fair with observance of terms of the contract concluded with the organizer;

request information on structure of exhibitors (participants), the expected number of visitors of exhibition, trade fair, fair, the layout exhibition, fairgrounds.

16. The exhibitor (participant) shall satisfy conditions of the contract for participation in exhibition, trade fair, fair signed with the organizer, including to provide timely arrival of the exhibits and representatives to the fair ground, trade fairs, fairs.

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