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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of April 3, 2007 No. 172

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

(The last edition from 19-12-2017)

Approve the enclosed Regulations on features of licensing of separate types of activity (in the new edition).

Prime Minister of the Republic of Tajikistan  

Emomalii Rakhmonov

Regulations on features of licensing of separate types of activity

General part

Section I. General provisions

Chapter I. General provisions

1. This Regulations on features of licensing of separate types of activity (further - the Provision) 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 by the relevant licensing organ.

3. Licenses can be granted by the central or territorial structures of the licensing body, provided in the special part of this Provision.

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

5. Legal entities, irrespective of forms of business and property and the individual entrepreneurs who showed willingness to be engaged in separate types of activity, subject to licensing shall obtain the license according to the procedure the established this Provision.

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

7. The right of implementation of the licensed activities at the legal entity or the individual entrepreneur comes from receipt of the license. The license granted to the legal entity or the individual entrepreneur is the document granting the right to be engaged in the type of activity specified in it.

8. The 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.

9. On each type of 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 covers work types, these work types are specified in the license. The separate license for work types, entering core activity, is not required.

10. 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. The foreign legal entity - the license applicant shall have the branch or representation in the Republic of Tajikistan.

11. 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".

2. 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".

3. It is forbidden by the licensing body to require during licensing or to independently determine the additional documents connected with activities, to determine the additional requirements or conditions which are not provided in this Provision. The allowing documents necessary for receipt of the license are issued according to the Law of the Republic of Tajikistan "About authorization system".

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;

for the individual entrepreneur - surname, name, middle name, the residence, the passport, number and the date of receipt;

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.

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

4. In case of loss of the license, the licensee acquires the right to the duplicate of the license.

5. 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.

3. In cases, directly stipulated by the legislation the Republic of Tajikistan, action of the license can extend, only in certain territory of the Republic of Tajikistan.

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