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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of May 20, 2005 No. RR-7240

About licensing of activities in the field of Power industry

For the purpose of implementation of state regulation of activities in the field of power industry, protection of consumer interests and electric power producers, improvement of quality of services in electric utility service and effective development of industry I decide:

1. Assign to the Ministry of Energy and Industry of Turkmenistan functions on implementation of licensing of activities in the field of power industry in the territory of Turkmenistan.

2. Approve Regulations on licensing of activities in the field of power industry it (is applied).

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of May 20, 2005 No. 7240

Regulations on licensing of activities in the field of power industry

1. This Provision is developed according to article 6 of the Law of Turkmenistan "About licensing of separate types of activity" and determines procedure for licensing of activities in the field of power industry in Turkmenistan.

2. The body performing licensing of activities in the field of power industry in the territory of Turkmenistan is the Ministry of Energy and Industry of Turkmenistan.

3. Action of this provision extends to the companies, the organizations and organizations, irrespective of pattern of ownership and legal form, including to the companies with foreign investments. Issue of licenses to physical persons to entrepreneurs without formation of legal entity is not allowed.

4. The license is granted separately on each licensed type of activity. The following types of activity in the field of power industry are subject to licensing:

designing of external and internal electric utility service of objects,

construction and installation of electroinstallations,

adjustment of elekroustanovka,

testing of elekroustanovka,

repair of elekroustanovka,

maintenance of elekroustanovka,

production of elekroustanovka.

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

5. The Ministry of Energy and Industry of Turkmenistan keeps the register or register and issues of licenses in which the licenses this about the owner, data on date of suspension, renewal, cancellation of action of the license, and also other data are specified.

6. For receipt of the license the legal entity represents the following documents to the Ministry of Energy and Industry of Turkmenistan:

a) the statement for licensing of the established sample (appendix No. 1);

b) copies of constituent documents (the charter, the foundation agreement, the certificate on state registration) certified notarially in accordance with the established procedure;

c) the documents confirming introduction of payment for consideration of documents;

d) the act of inspection of readiness of the legal entity for implementation of the licensed type of activity constituted by the authorized company of the Ministry of Energy and Industry of Turkmenistan.

In the act of inspection shall be reflected:

the data on condition of technological base (including leased) confirming organizational and technical readiness of the legal entity - the license applicant to perform the declared types of activity;

data on hardware of the legal entity - the license applicant, with transfer of the declared types of activity of means of hardware which are available for it necessary for implementation (the equipment, the industrial equipment, the tool, devices, control facilities, measurements, testing, etc.). If the leased technological base is used, it is necessary to provide the copy of the lease;

the list of the normative and technical and technology documentation providing accomplishment of the licensed types of activity;

other documents and regulations regulating legal relationship in the field of power industry;

the documents confirming qualification of specialists who will perform licensed activity.

Expenses on carrying out inspection are performed by the applicant.

The statement of inspection is drawn up no later than 10 days after receipt of the statement and provision of the document confirming introduction of payment for consideration of the application.

7. The Ministry of Energy and Industry of Turkmenistan makes the decision on issue or on refusal in licensing in a month and brings in 3-day time to the job seeker the decision in writing.

8. The license (appendix No. 2) is issued within 3 days after payment of the license fee. If the job seeker within one month after decision making, will not pay the license fee, the Ministry of Energy and Industry of Turkmenistan has the right to cancel the decision on licensing.

9. For licensing and its renewal the license fee which size is established by the Ministry of Energy and Industry of Turkmenistan taking into account specific type of activity and other conditions in coordination with the Ministry of Economics and finance of Turkmenistan is levied.

The size of the license fee constitutes:

for legal entities of Turkmenistan - the 50-fold size of the basic size established by the legislation of Turkmenistan for calculation of charges;

for legal entities with foreign investments - 3 thousand dollars of the USA.

For consideration of the application and the provided materials for receipt of the license the payment in the amount of 10 percent from the established license fee which remains at the disposal of the Ministry of Energy and Industry of Turkmenistan and is not considered in case of collection of the license fee is levied.

10. The means arriving from payment of the license fee are enlisted in the Centralized budget of Turkmenistan.

11. The license which is drawn up in accordance with the established procedure is granted after acquaintance of the legal entity - the license applicant with this Provision.

12. License effective period 3 years.

13. The application for prolongation of effective period of the license is submitted by its owner at least in 30 days prior to expiration of the license.

14. In case of loss of the license its duplicate with payment of 20 percent from originally brought license fee is issued.

15. When implementing of the licensed activities compliance with law of Turkmenistan, environmental, sanitary and epidemiologic, hygiene, fire protection regulations and rules, Regulations for electrical installation, Rules of technical operation, other regulations and rules regulating activities in power industry and also this provision is obligatory.

16. The decision on refusal in licensing goes to the applicant in writing with indication of causes of failure. In case of refusal in licensing the payment for consideration of the application to the applicant does not return.

The basis for refusal in issue are:

discrepancy of the submitted documents to requirements of this provision;

availability in documents of the doubtful or distorted information;

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