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Ministry of Justice

Republic of Tajikistan 

 On September 13, 2011 No. 580

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 30, 2011 No. 426

About approval of the Rule of determination of the sizes of subscription bonus, the sizes of bonus of commercial detection and the conclusion of contracts for subsurface use and Procedure for conducting obligatory tax examination of contracts for subsurface use

(In edition of the Order of the Government of the Republic of Tajikistan of 30.12.2015 No. 823)

1) to Approve Rules of determination of the sizes of subscription bonus, the sizes of bonus of commercial detection and the conclusion of contracts for subsurface use and the Procedure for conducting obligatory tax examination on subsurface use (are applied).

Functions of competent authority according to the conclusion of contracts for subsurface use to assign 2) to Head department of geology under the Government of the Republic of Tajikistan.

3) to the Tax Committee under the Government of the Republic of Tajikistan together with the Ministry of Finance of the Republic of Tajikistan and other authorized bodies in the field of use of natural resources to specify the list of the having user licenses of subsoil and the amount of their tax liabilities on taxes on subsurface use. To inform the Government of the Republic of Tajikistan till January 1, 2012 on results of the performed work and the available shortcomings.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix No. 1

to the Order of the Government of the Republic of Tajikistan of August 30, 2011 No. 426

Rules of determination of the sizes of subscription bonus, sizes of bonus of commercial detection and conclusion of contracts for subsurface use

1. General provisions

2) the Contract for subsurface use is signed between the subsoil user and competent authority according to the conclusion of contracts for subsurface use. The contract is signed no later than 3 calendar months after receipt of the license in time. Use of natural resources without the conclusion of the contract is not allowed.

3) the Minimum size of subscription bonus is determined by competent authority by the conclusion of contracts for subsurface use based on these rules.

4) the Size of subscription bonus performs function of one of criteria for determination of the winner of tender on mineral right.

The announcement of carrying out tender on mineral right shall contain information on the minimum size of subscription bonus. In case of representation by participants of tender of equivalent programs of use of natural resources by the winner the participant who offered the largest size of subscription bonus is recognized.

By provision of mineral right by direct negotiations the size of subscription bonus which cannot be less minimum size of subscription bonus is determined by agreement of the parties.

5) the Size of subscription bonus determined according to Item 4 of these rules based on direct negotiations or carrying out tender on use of natural resources is reflected in the contract for subsurface use.

6) Inventory cost of minerals is calculated at the prices of this mineral which developed at the time of publication of conditions of tender or signing of the protocol of direct negotiations on the London metal exchange, the London exchange of precious metals or other international (regional) exchange determined by competent authority by the conclusion of contracts for subsurface use in coordination with the Ministry of Finance of the Republic of Tajikistan and the Tax Committee under the Government of the Republic of Tajikistan.

In case in the day preceding day of publication of conditions of tender or signing of the protocol of direct negotiations on use of natural resources official quotations of the prices of the corresponding types of minerals are not published, official quotations of the prices of the last day for which such quotations of the prices were published earlier are used.

In case on minerals the exchange price, inventory cost of the minerals used in construction is not established is accepted proceeding from the average estimate prices on the main construction resources determined by the Interdepartmental commission Committee on architecture and construction under the Government of the Republic of Tajikistan. In other cases, inventory cost of minerals is determined proceeding from delivery prices at least at two subjects of entrepreneurship in the respective city, the area or the region by competent authority by the conclusion of contracts for subsurface use in coordination with Anti-monopoly service under the Government of the Republic of Tajikistan.

7) the Government of the Republic of Tajikistan has the right to establish other sizes of subscription bonus and (or) bonus of commercial detection on certain mineral deposits.

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