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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

(as amended on 31-12-2020)

According to article 43 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

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.

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 provided in this Provision.

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

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 to the license).

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. Collection 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 indicators for calculation is levied. For consideration of the application on types of activity specified in article 18 of this Law collection in the amount of ten indicators for calculation 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" collection in the amount of ten indicators for calculation is levied. The amount of charges 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 provided in the Section III of the special part of this provision.

3. In case of renewal of the document confirming license availability, collection is levied in the amount of two indicators for calculation.

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

5. Collection for consideration of the application and provision of the license, and also for renewal of the document confirming availability of the license or prolongation of effective period of the license is made by the licensee in cash and non-cash form in the republican or local budget. Payment is made according to the procedure established by the legislation of the Republic of Tajikistan.

6. Licensing authorities have no right to levy other money payments from the license applicant.

7. Financing of licensing is performed within the means allocated from the relevant budgets for maintenance of licensing authorities.

Chapter 7. Documents necessary for receipt of the license

1. For receipt of the license the license applicant submits the following documents to the relevant licensing organ:

- the statement for provision of the license with indication of the licensed type of activity in which it is specified: for the legal entity the name and form of business of the organization, legal address and the place of its stay, number of the settlement account and the bank name; for the individual entrepreneur - surname, name, middle name, the residence and the passport, number and the date of receipt;

- the licensed type of activity which the individual entrepreneur and the legal entity intend to perform and the term during which the specified type of activity will be performed; for the legal entity - copies of constituent documents and the copy of the certificate on state registration of the license applicant as the legal entity; for the individual entrepreneur the copy of the certificate on state registration of the citizen as the individual entrepreneur;

- the copy of the certificate on statement of the license applicant on accounting in tax authority;

- the document confirming payment of the license fee for consideration by the licensing body of the statement for provision of the license;

- data on qualification of workers of the license applicant;

- day of filing of application and signature of the job seeker.

2. Except the specified documents submission of other documents which availability is necessary when implementing specific type of activity can be provided in the special part of this provision.

3. It is not allowed to demand from the license applicant of submission of the documents which are not provided by the Law of the Republic of Tajikistan "About licensing of separate types of activity" and the Provision.

4. Documents are submitted by the license applicant in the Tajik or Russian languages. The documents submitted by foreign persons or represented abroad shall be certified according to the procedure established by regulatory legal acts of the Republic of Tajikistan.

5. The application form affirms the licensing body with observance of requirements of this provision.

6. The licensing body shall equip the information stand and hang out the list of the documents and their samples necessary for receipt of the license.

7. The license applicant bears responsibility for reliability submitted the data and documents. The licensing body, if necessary, has the right to check reliability submitted by the license applicant of data and documents.

8. All documents submitted to the relevant licensing organ for receipt of the license are accepted according to the list and the copy of the list with mark about date of documents acceptance goes (is handed) to the license applicant from relevant organ.

Chapter 8. Decision making about provision or refusal in provision of the license

1. The licensing body makes the decision on provision or refusal in provision of the license in time, not exceeding thirty days from the date of receipt of the statement for provision of the license with all necessary documents, including consideration of documents, conducting examinations, surveys and other necessary actions.

2. Consideration of the application and licensing is performed by the commission if other is not provided in the special part of this provision. The structure of the commission affirms the order of the head of the licensing body. The commissions can be included representatives of other interested ministries, departments and the organizations. The provision of the commission affirms the licensing body.

3. Date and the venue of meeting of the licensing body shall appear in advance. The license applicant or his authorized representative has the right to take part on commission session of the licensing body. Absence of specified persons on meeting is not the basis for refusal in licensing.

4. The licensing body shall notify in writing during the term provided for decision making about provision or refusal in provision of the license the license applicant on the made decision.

5. The notification on provision of the license goes (is handed) to the license applicant in writing with indication of bank account details and payment due date of the license fee for provision of the license.

6. The notification on refusal in provision of the license goes (is handed) to the license applicant in writing with indication of causes of failure.

7. Within three days after submission of the document confirming payment of the license fee for provision of the license, the licensing body free of charge issues to the licensee the document confirming license availability.

8. The decision of the licensing body is drawn up by the relevant act and to be stored in its cases. Upon the demand of the applicant or his representative the corresponding statements from this act or its copy are gratuitously provided.

Chapter 9. Refusal in licensing

1. The refusal basis in provision of the license is:

- availability in the documents submitted by the license applicant, the doubtful or distorted information;

- discrepancy of the license applicant, the objects belonging to it or used by it to licensed requirements and conditions;

- the negative conclusion of relevant organ on required type of activity.

2. In case within month from the date of receipt of the notification about lacks of distribution of the license of elimination by the license applicant of the obstacles specified in paragraphs of the first and second of Item 1 of this Chapter, the application is considered in accordance with general practice without repeated payment. In case of refusal in licensing collection for consideration of the application to the job seeker of licenses does not return.

3. The refusal in licensing based on the products amount size (works, services) made (feasible) or planned for production (accomplishment) by the license applicant is not allowed.

4. The refusal in licensing on other bases which are not provided by the Law of the Republic of Tajikistan "About licensing of separate types of activity" and this Provision is forbidden.

5. The license applicant has the right to appeal refusal about provision of the license or failure to act of the licensing body in court.

Chapter 10. Renewal of the document confirming license availability

1. In case of transformation of the legal entity, change of its name or the place of its stay, or change of name or the residence of the individual entrepreneur, the licensee - the legal entity (his legal successor) or the individual entrepreneur shall no later than in fifteen days to submit the application for renewal of the document confirming license availability, with application of documents, confirming the specified changes.

2. In case of renewal of the document confirming license availability, the licensing body enters corresponding changes in the register of licenses.

3. Renewal of the license is performed by the licensing body within ten days from the date of receipt of the corresponding statement.

4. Before renewal and receipt of the license for hands, the licensee can perform activities based on the copy of earlier obtained license.

5. For renewal of the license extraordinary checks, surveys and expertizes of the licensee are not carried out.

6. It is forbidden to demand from the licensee of renewal of licenses on other bases, not provided by this Chapter.

7. The licensee has the right to appeal refusal in renewal of the license judicially.

Chapter 11. Prolongation of effective period of the license

1. The license validity in case the termination can be extended according to the statement of the licensee.

2. Prolongation of effective period of the license is performed according to the procedure of renewal of the document confirming availability of the license and for the term provided by the Law of the Republic of Tajikistan "About licensing of separate types of activity" for this type of activity

3. Refusal in prolongation of effective period of the license the licensee has the right to appeal judicially.

Chapter 12. Suspension, cancellation and cancellation of the license

1. Suspension of action of the license is allowed in cases:

- non-compliance with licensed requirements and conditions;

- transfer of the license to other physical person or legal entity;

- release or sale of low-quality goods, rendering low-quality services;

- non-compliance with other requirements of regulatory legal acts.

2. The licensing body has the right to suspend the license in case of identification numerous (two and more times) violations or gross violation by the licensee of licensed requirements and conditions. Suspension of action of the license can be applied only in exceptional cases if it is necessary for prevention of direct threat of life or to human health, approaches of technogenic catastrophe, causing irreplaceable harm to natural objects or state of environment and prevention of the specified circumstances by other methods it is impossible.

3. The licensing body shall establish the term of elimination by the licensee of the violations which entailed suspension of action of the license. The specified term cannot exceed three months. If at the scheduled time the licensee did not eliminate the specified violations, the licensing body shall take a legal action with the plea of nullity of the license.

4. All decisions concerning suspension of action of the license or its cancellation are considered at meeting of the licensing body with the obligatory invitation of the licensee (his representative). The licensee shall be previously informed in writing no later than 10 days prior to the meeting by the licensing body. In case of absence without reasonable excuse of properly informed licensee (his representative) decisions can be made without its participation.

5. The solution of o suspension of action of the license is brought by the licensing body to the attention of the licensee in writing with motivated reasons not later than in three days from the date of adoption of such decision.

6. The licensee shall notify in writing the licensing body on elimination of the violations which entailed suspension of action of the license by it.

7. The licensing body which suspended the license makes the decision on renewal of its action and reports about it in writing to the licensee within three days after receipt of the adequate notice and check of elimination by the licensee of the violations which entailed suspension of action of the license.

8. The term of the license for time of suspension of its action is not prolonged and the payment for renewal of action of the license is not levied.

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