ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 1, 2005 No. 337

About approval of the Regulations on features of licensing of separate types of activity

In compliance with article 5 of the Law of the Republic of Tajikistan "About licensing of separate types of activity" the Government of the Republic of Tajikistan decides:

1. Approve Regulations on features of licensing of separate types of activity it (is applied).

2. Due to the acceptance of this Provision to bring in the following orders of the Government of the Republic of Tajikistan changes and amendments:

Paragraphs two and third Item 2 of the order of the Government of the Republic of Tajikistan of May 4, 1997 No. 180 "About approval of the Regulations on investment funds" to exclude 1).

To Bring 2) in Regulations on investment funds, approved, the order of the Government of the Republic of Tajikistan of May 4, 1997 No. 180 "About approval of the Regulations on investment funds" the following changes:

from the paragraph of the twelfth Item 1.5 of the word "obtained license for activities of managing investment fund in accordance with the established procedure, - to exclude;

exclude paragraphs the third and fourth Item 2.12;

to exclude from the name of Chapter 3 of the word "and licensing of activities of investment fund";

exclude Item 3.1;

to exclude paragraph two of Item 8.1.

Paragraphs two and the fifth the orders of the Government of the Republic of Tajikistan of April 7, 1999 No. 131 "About approval of the provisions connected with state regulation of production and turnover of ethyl alcohol and alcoholic products" to exclude 3):

To Bring 4) in the order of the Government of the Republic of Tajikistan of June 19, 2000 No. 259 "About approval of the Procedure for carrying out certification on the right of implementation of auditor activities and the Licensing procedure to implementation of auditor activities" the following changes:

to exclude from the name of the resolution of the word "and the Licensing procedure on implementation of auditor activities":

to exclude from Item 1 of the word "and the Licensing procedure on implementation of auditor activities"; exclude Items 2 and 5.

In paragraph three of Item 6 of the Regulations on the Ministry of the transport of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan from 29 December, 2000 No. 485 "About the Ministry of transport of the Republic of Tajikistan" the words "suspend or cancel them in case of identification of violations" shall be replaced with words 5) "stops action of licenses in case of violations of requirements and conditions of licensing".

6) In Regulations on the Central depositary, No. 501 approved by the order of the Government of the Republic of Tajikistan of December 29, 2000 "About approval of the Regulations on the Central depositary" to make the following changes:

to exclude from paragraph two of Item 6 of the word "based on the license granted by the Ministry of Finance of the Republic of Tajikistan (further the Ministry of Finance) and";

in Item 17 the word Ministry of Finance shall be replaced with words "The Ministry of Finance of the Republic of Tajikistan (further - the Ministry of Finance); to exclude from Item 27 of the word "revocation of license".

Paragraph one with subitems "an" and "b" of Item 3 of the Regulations on broker and dealer activities in the security market approved by the order of the Government of the Republic of Tajikistan of December 29, 2000 No. 502 "About approval of the Regulations on broker and dealer activities in the security market" to exclude 7).

8) In Item 5 Regulations on the Ministry of Economy and Trade of the Republic of Tajikistan, No. 77 approved by the order of the Government of the Republic of Tajikistan of February 17, 2001 "About the Ministry of Economics and trade of the Republic of Tajikistan" to make the following changes:

in the paragraph the forty first to exclude the words "and amount of payment for the license";

in the paragraph forty third to exclude the words "and accomplishment of conditions of licensing and certification in the field of tourism".

The Paragraph the second Item 1 of the order of the Government of the Republic of Tajikistan of June 11, 2001 No. 252 "About Transport inspection under the Ministry of transport of the Republic of Tajikistan" to exclude 9).

The Paragraph the fifth parts two of Item 6 of the Provision of the State breeding inspection under the Ministry of Agriculture of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of April 2, 2002 No. 156 "About the State breeding inspection under the Ministry of Agriculture of the Republic of Tajikistan" to exclude 10).

11) From the name and the text of the order of the Government of the Republic of Tajikistan from 5 нюня 2002 spinning top No. 245 "About approval of the Regulations on procedure for licensing of pharmaceutical activities in the Republic of Tajikistan. Procedure for import and export of medicines and pharmaceutical activities" to exclude the words "Regulations on Procedure for Licensing of Pharmaceutical Activities in the Republic of Tajikistan".

Paragraph two of Item 8 and the paragraph the fourth Item 11 of the Provision of the Head department of veterinary science with the State veterinary inspection under the Ministry of Agriculture of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of October 1, 2002 No. 391 "About Head department of veterinary science with the State veterinary inspection under the Ministry of Agriculture of the Republic of Tajikistan" to exclude 12).

13) In the name and the text of the order of the Government of the Republic of Tajikistan of March 31, 2003 No. 145 "About approval of the Procedure for approbation and branding of products from precious metals, the Procedure for licensing of separate types of activity on production, use and the address of precious metals and gemstones by legal entities and physical persons and the Temporary list of works for which the assay payment (assay collection) of" the word" is levied, the Procedure for licensing of separate types of activity on production, use and the address of precious metals and gemstones by legal entities and physical persons" to exclude.

14) In Regulations on the State committee of environmental protection and forestry of the Republic of Tajikistan", No. 70 "Questions of the State committee of environmental protection and forestry of the Republic of Tajikistan" approved by the order of the Government of the Republic of Tajikistan of March 1, 2004 to make the following changes:

to state the paragraph of the seventh of Item 5 in the following edition: "grants in the procedure established by the legislation of the Republic of Tajikistan licenses and permissions to the activities connected with protection of the surrounding environment and use of natural resources";

in paragraph three Item 6 of the word "direct idea of cancellation of the license (permission), issued by other bodies, in case of violation of the specified requirements, regulations and rules" to exclude.

3. Declare invalid the following orders of the Government of the Republic of Tajikistan:

1) the Resolution of Council of Ministers of the Republic of Tajikistan of August I, 1994 No. 369 "About approval of the Regulations on licensing of activities in the field of communication";

2) the Order of the Government of the Republic of Tajikistan of May 6, 1997 No. 211 "About the state licensing of construction activities in the territory of the Republic of Tajikistan":

3) the Order of the Government of the Republic of Tajikistan of September 15, 1997 No. 424 "About collection for licensing for production and distribution of telebroadcasts";

4) the Order of the Government of the Republic of Tajikistan of February 18, 1998 No. 42 "About approval of the Regulations on procedure for licensing of activities for rendering legal aid of N quality of the lawyer attorney";

5) Regulations on procedure for registration of licensing for the production and turnover of ethyl alcohol of N of alcoholic products approved by the order of the Government of the Republic of Tajikistan of April 7, 1999 No. 131 "About approval of the provisions connected with state regulation of production and turnover of ethyl alcohol and alcoholic products";

6) the Amount of charges for consideration the statement and licensing for production and the turnover of ethyl alcohol and alcoholic products approved by the order of the Government of the Republic of Tajikistan of April 7, 1999 No. 131 "About approval of the provisions connected with state regulation of production of N of turnover of ethyl alcohol and alcoholic products";

7) the Instruction about licensing procedure for the import, export and wholesale of tobacco products approved by the order of the Government of the Republic of Tajikistan of October 27, 1999 No. 453 "About complex measures of state regulation of import, export and wholesale of tobacco products";

8) The order of the Government of the Republic of Tajikistan of May 4, 2000 No. 200 "About approval of the Regulations on licensing of activities of the companies, organizations and the organizations for work connected with use of the data which are the state secret, creation of means of information protection and also with implementation of actions and (or) rendering services in protection of the state secret";

9) the Licensing procedure on implementation of auditor activities approved by the order of the Government of the Republic of Tajikistan from 19 нюня 2000 No. 259 "About approval of the Procedure for carrying out certification on the right of implementation of auditor activities and the Licensing procedure to implementation of auditor activities";

10) the Order of the Government of the Republic of Tajikistan of November 9, 2000 No. 465 "About approval of the Regulations on licensing procedure in the field of legal drug trafficking, psychotropic substances and precursors";

11) Regulations on licensing of transport activities in the Republic of Tajikistan, approved by the order of the Government of the Republic of Tajikistan of June 11, 2001 No. 252 "About transport inspection under the Ministry of transport of the Republic of Tajikistan";

12) the Order of the Government of the Republic of Tajikistan of December 30, 2001 No. 591 "About procedure for licensing of activities and services in power industry of the Republic of Tajikistan";

13) the Regulations on procedure for licensing of pharmaceutical activities in the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of June 5, 2002 No. 245 "About approval of the Regulations on procedure for licensing of pharmaceutical activities in the Republic of Tajikistan, the Procedure for import and export of medicines and medical goods in the Republic of Tajikistan";

14) the Order of the Government of the Republic of Tajikistan of March 31, 2003 No. 139 "About licensing of separate types of activity to industrial complex of the Republic of Tajikistan";

15) the Procedure for licensing of separate types of activity but to production, use and the address of precious metals and gemstones by legal entities and physical persons, approved by the order of the Government of the Republic of Tajikistan of March 31, 2003 No. 145 "About approval of the Procedure for approbation and branding of products from precious metals, the Procedure for licensing of separate types of activity on production, use and the address of precious metals and gemstones by legal entities and physical persons and the Temporary list of works for which the assay payment (assay collection) is levied";

16) the Order of the Government of the Republic of Tajikistan of June 6, 2003 No. 252 "About approval of the Procedure for licensing of activities for the treatment of dangerous wastes";

17) the Order of the Government of the Republic of Tajikistan of July 3, 2003 No. 300 "About approval of the Procedure for licensing of activities in the field of environmental assessment".

4. The following orders of the Government the Republic of Tajikistan are effective regarding not contradicting Regulations on features of licensing of separate types of activity:

1) the Order of the Government of the Republic of Tajikistan of March 4, 2002 No. 92 "About licensing of use of natural resources of the Republic of Tajikistan";

2) the Order of the Government of the Republic of Tajikistan of February 5, 2003 No. 54 "About procedure for carrying out certification, accreditation and licensing of educational institutions of the Republic of Tajikistan".

5. To the ministries and departments of the Republic of Tajikistan:

1) to submit offers on reduction in compliance with the Law of the Republic of Tajikistan Within three-months term "About licensing of separate types of activity" and Regulations on features of licensing of separate types of activity of the corresponding industry regulatory legal acts of the Republic of Tajikistan:

To Bring 2) into accord with specified by the Law and the Provision the departmental regulatory legal acts.

 

Approved by the Order of the Government of the Republic of Tajikistan of September 1, 2005 No. 337

Regulations on features of licensing of separate types of activity

General part

Section I. General provisions

Chapter 1. General provisions

1. This Regulations on features of licensing of separate types of activity (in dalneyshem-Polozheniye) are developed according to the Law of the Republic of Tajikistan "About licensing of separate types of activity".

2. This Provision governs the relations connected with implementation of the activities (action) which are subject to licensing.

3. Licenses can be granted by the central or territorial authorities of the licensing body, specified in the special part of this provision.

The license is signed by the head of the licensing body and or his deputy and are certified by seal of this body. In cases when the license is granted to structural divisions of the licensing body or its territorial authorities, it is signed by the head of this structural division or territorial authority and certified by seal of this body.

4. Physical persons and legal entities, irrespective of forms of business and property, shown willingness to be engaged in separate types of activity, subject to licensing, shall obtain the license according to the procedure established by this Provision.

Implementation of activities, subject to licensing, without license is forbidden.

The right of implementation of the licensed activities at legal entity or physical person comes from the moment of receipt of the license.

The license granted to the legal entity is the single document granting the right to be engaged in the type of activity specified in it.

5. The main licensed type of activity specified in articles 17 and 18 of the Law of the Republic of Tajikistan "About licensing of separate types of activity" can cover work types, entering this core activity.

Can be provided in the special part of this provision the specific list of these work types.

On each core activity listed in Articles 17 and 18, of the Law of the Republic of Tajikistan "About licensing of separate types of activity" one license is granted. If, the licensed type of activity is divided into work types, these work types are specified in the license. The separate license for work types, entering core activity, is not required.

6. Foreign physical persons and legal entities, and also stateless persons, obtain the license on the same conditions and in the same procedure as physical persons and legal entities of the Republic of Tajikistan if other is not stipulated by the legislation the Republic of Tajikistan and this Provision.

7. The licenses obtained in other states in the territory of the Republic of Tajikistan are recognized on the terms of corresponding to international legal acts recognized as the Republic of Tajikistan.

Chapter 2. Procedure for introduction of the licensed types of activity

1. Introduction of new type of the licensed activities or their cancellation on types of activity are established only by the Law of the Republic of Tajikistan "About licensing of separate types of activity".

The separate regulations regulating the special questions connected with licensing and containing in other regulatory legal acts shall not contradict provisions of the Law of the Republic of Tajikistan "About licensing of separate types of activity" and can be applied only after entering of corresponding changes or amendments into the Law of the Republic of Tajikistan "About licensing of separate types of activity".

2. Licensing authorities are forbidden to establish independently when licensing the additional allowing types of activity connected with core activity and also to establish the requirements or conditions which are not provided by this Provision.

Chapter 3. The document confirming availability of the license and the decision on its provision

1. In the decision on provision of the license and in the document, confirming its availability are specified:

the name of the licensing body;

for the legal entity - the name and form of business, legal address and the place of its stay;

for the individual entrepreneur - surname, name, middle name, the residence, data of the identity document;

the licensed type of activity with work types (if the licensed type of activity is divided into work types);

registration number, date and effective period of the license;

identification taxpayer number;

license number;

decision date about provision of the license,

2. Forms of licenses shall be made by typographical method, have security degree, accounting series and number. Forms of licenses are documents of strict accounting. Accounting and storage of forms of licenses is performed by the licensing body.

Correction in forms of licenses is not allowed. The damaged form of the license is destroyed by creation of the act.

3. Upon the demand of the licensing and tax authorities the licensee shall show licenses. If the licensee submitted the application about issues of the duplicate, renewal or prolongation of effective periods of the license, presentation of the copy of the license is allowed.

Chapter 4. Action of the license

1. The type of activity on which implementation the license is provided can be carried out only by the legal entity or the individual entrepreneur who obtained the license.

2. Activities on which implementation the license is provided by the licensing body are performed in the territory of the Republic of Tajikistan if other is not provided, by the international legal acts recognized by the Republic of Tajikistan.

Chapter 5. Licensed requirements and conditions

1. One of mandatory licensed requirements and conditions when implementing by licensees of the licensed types of activity is compliance with law of the Republic of Tajikistan, and also the requirements specified in this Provision.

2. Concerning the licensed types of activity requiring for their implementation of special knowledge in the special part of this Resolution qualification requirements to the license applicant and the licensee, in particular qualification requirements to workers of the legal entity or the citizen who is the individual entrepreneur can join.

3. Concerning the licensed types of activity requiring special conditions for their implementation, licensed requirements and conditions, established in general part of this provision can join requirements about compliance to the specified special conditions of object in which or by means of which such type of activity is performed.

Note: In this Provision objects are understood as buildings, constructions, and also the equipment and other technical means by means of which the licensed type of activity is performed.

4. The list of licensed requirements and conditions concerning the specific licensed type of activity is specified in the special part of this provision and is integral part of the granted license (it is issued in the form of appendix).

5. Licensing authorities, if necessary, check on site compliance of conditions of activities to the established requirements.

6. Conducting checks are performed at the expense of the means allocated from the relevant budgets for maintenance of the licensing body.

Chapter 6. Payment for consideration, provision, renewal and prolongation of effective period of the license

1. For consideration by the licensing body of the statement for provision of the license on types of activity, specified in article 17 of the Law of the Republic of Tajikistan "About licensing of separate types of activity", collection in the amount of four minimum sizes of the salary is levied. For consideration of the application on types of activity specified in article 18 of this Law collection in the amount of ten minimum sizes of the salary is levied. The specified charges are not subject to return.

2. For provision of the license on the types of activity specified in article 17 of the Law of the Republic of Tajikistan "About licensing of separate types of activity" the license fee in the amount of ten minimum sizes of the salary is levied. The size of the license fees for provision of the license on the types of activity specified in article 18 of the Law of the Republic of Tajikistan "About licensing of separate types of activity" is specified in the Section III of the special part of this provision.

3. In case of renewal of the document confirming license availability, the payment is levied in the amount of two minimum sizes of the salary.

4. In case of prolongation of action of the license for term which granted the license the payment is levied as for provision of the license.

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