ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 30, 2018 No. 257

About Regulations on procedure for forming and use of free prices and rates for industrial goods, consumer goods and services

According to articles 21 and 22 of the Law of the Republic of Tajikistan "About protection of the competition" and article 57 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve Regulations on procedure for forming and use of free prices and rates for products of proizvodstvennotekhnichesky appointment, consumer goods and services it (is applied).

2. To impose control of execution of this resolution on Anti-monopoly service under the Government of the Republic of Tajikistan.

3. Declare invalid the order of the Government of the Republic of Tajikistan of June 26, 1998, No. 202 "About approval of the Regulations on procedure for forming and use of free prices and rates for industrial goods, consumer goods and services".

Approved by the Order of the Government of the Republic of Tajikistan of May 30, 2018, No. 257

Regulations on procedure for forming and use of free prices and rates for industrial goods, consumer goods and services

Chapter 1. General provisions

1. This Provision extends on the business entities, including the individual entrepreneurs making and selling products of proizvodstvennotekhnichesky appointment, consumer goods and services in the territory of the Republic of Tajikistan.

2. Free wholesale prices (rates) for products (services) of technological appointment are established by manufacturers independently or on contractual basis with consumers of products (services) and applied taking into account the operating taxes when settlings manufacturers with all consumers, including individual entrepreneurs (except the population), including with intermediaries (including the supplying and sales, trade and purchasing companies and the organizations, etc.).

3. Free (vacation pay) prices for goods of national consumption are established taking into account the operating taxes, manufacturers of goods independently or on contractual basis, in coordination with the business entities realizing goods to the population, non-market consumers, and tayuka with intermediaries.

4. Free wholesale prices (rates) and free selling prices are determined proceeding from market situation, the developed demand and supply, quality and consumer properties of products (services) and goods on conditions the French-station (port, pier) of departure, and in case of odnogorodny leave free warehouse of the company - the supplier. By agreement of the parties other delivery conditions of goods, products (services) can be accepted.

5. For the purpose of restriction and the prevention of monopolistic activities, unfair competition, creation of conditions of effective functioning of the goods markets, and also social protection of the population from unreasonable increase in prices for essential goods state regulation of the prices and rates is performed.

6. State regulation of the prices (rates) is applied to the list of products, goods and services on which state regulation of the prices and rates is performed. In need of the specified List according to established procedure changes are made.

7. In structure free wholesale prices (rates) for products (services) of technological appointment and free selling prices for consumer goods cost, profitability and the operating taxes are considered (except for the taxes paid from profit). Free selling prices of consumer goods, assessed by excises, in free selling prices join also the amounts of excises according to the rates.

The profit (loss) from sales of goods and services at the free wholesale (vacation pay) prices is considered according to established procedure as difference between sales proceeds (without the operating taxes and excises) and the costs which are switched off in product cost, goods and services and determined taking into account characteristics of industries.

8. In settlement documents the amount of the operating taxes is specified the sold products (goods and services) separately.

9. Prices for products and goods delivered through intermediaries (the trade and purchasing, supplying and sales organizations and the companies and others), are determined proceeding from the free wholesale (vacation pay) prices and the supplying-sales allowance.

10. In the supplying and sales allowance the distribution costs, profit and taxes established by the legislation of the Republic of Tajikistan are considered.

11. The free wholesale (vacation pay) prices for import products (goods) are established by the business entities buying products (goods) from foreign suppliers proceeding from market situation, quality and consumer properties of products (goods). In these prices shall be considered the import cost (invoice cost) specified in supplier account, converted into national currency - to the somoni at the rate of established by National Bank of the Republic of Tajikistan on the maturity day, with addition of all expenses on delivery, products (goods), and also the operating taxes (except for the taxes paid from profit), customs payments and remuneration to the external economic and other organizations conducting procurement of products (goods). The example of determination of the price and the operating taxes on import goods is given in appendix of 1 this provision.

Chapter 2. Procedure for formation of free retail prices on domestic and import consumer goods and services

12. Free retail prices on domestic and import consumer goods are created proceeding from free selling prices (taking into account the operating taxes) and trade allowances.

13. In case of realization to the population of products of proizvodstvennotekhnichesky appointment free retail prices are created proceeding from free selling prices and trade allowances.

14. Free retail price is determined by the business entities performing retail sale of goods to the population according to Item 12 of this provision, except for socially important types of goods and products on which state regulation of the prices is performed.

15. By delivery to the seller of goods or products through intermediaries, free retail price is created of the price of the purchase determined according to Item 9 of this provision and the trade allowance.

16. The trade allowance is determined by the seller proceeding from market situation. The trade allowance joins distribution costs, profit of wholesale and retail trade organizations, and companies, and also the operating taxes (except for the taxes paid from profit).

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