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Approved by the Industry ministry and trade of the Republic of Moldova of March 19, 1998 in No. 17

Regulations on licensing of wholesale, small wholesale trade by mass sales items in the territory of the Republic of Moldova

I. General provisions

1. In this provision wholesale trade is understood as activities for the organization of wholesale and small wholesale trade and rendering trade and intermediary services to the producers, wholesale and small wholesale buyers, trade enterprises and other economic agents operating in the territory of the Republic of Moldova.

2. Any economic agent irrespective of pattern of ownership can acquire mass sales items in lots from producers and other business entities, transform the purchased range of goods in trade, i.e. perform wholesale and small wholesale trade only in the presence of the license for the right to be engaged in such activities. Without license business entities bear responsibility according to the current legislation for implementation of this type of activity.

3. The license is the official document which confirms capability and the right of its owner to perform certain type of activity in the conditions providing to customers the high-quality level and reliability according to the current legislation is issued for certain term and is valid in all territory of the Republic of Moldova.

4. Issue of licenses is made for a fee. The amount of payment for issue of licenses is determined by the Ministry of Economics and reforms and the Ministry of Finance of the Republic of Moldova by offers of the bodies equipped with licensing functions.

5. The means received from licensing for implementation of wholesale and small wholesale trade by mass sales items are transferred into the government budget.

II. Procedure for receipt of the license for activities in the field of wholesale (small wholesale) trade

6. The license for activities in the field of wholesale (small wholesale) trade (the appendix N2 to this provision) is issued by the Industry ministry and trade to the subjects of trading activity which are owners or lessees according to the equipped storage facilities or the open areas (for trade in construction materials) in the presence of the documents confirming right to use or the property right to the building or the room.

7. The business entities performing production of consumer goods and their delivery to the consumer market and the economic agents who are engaged in purchases of agricultural products are not the subjects of trading activity performing wholesale trade.

8. The business entity according to the current legislation shall provide to the buyer for the domestic market necessary reliable information about consumer properties of goods, warranty obligations, methods and rules of use of goods, terms and conditions of their storage.

9. The business entity provides maintaining accounting and statistical records, and also cash transactions according to the procedure, established by the current legislation.

10. For receipt of the license for activities in the field of wholesale (small wholesale) trade the subject of trading activity represents to the Industry ministry and trade the statement (the appendix N1 to this provision) in which specifies:

the legal entity - the name, form of business, legal address (location) and fiscal code, type of activity;

physical person - surname and name, passport details or identity certificates (series, number, the residence), the document confirming registration in tax authority, type of activity;

the registration certificate in the State registration chamber under the Ministry of Justice;

constituent documents of the company;

permission of santekhnadzor about availability of the conditions necessary for accomplishment of the corresponding type of activity;

the documents confirming right to use or the property right to the building or the room in which implementation of wholesale (small wholesale) trade is supposed.

All documents are submitted in copies with presentation of the original.

11. Decision making about issue or refusal in licensing is performed in 30-day time from the moment of submission of all documents specified in Item 10 of this provision. In cases when examination of the considered materials requires extra time for check of engineering procedure and the analysis of the documents submitted by applicants, decision making term about licensing can be extended by the head of the body which granted the license up to 15 days.

The body equipped with licensing functions within 10 days after licensing shall inform on it tax authority and relevant organ of local public authority.

The expenses necessary for consideration of conditions of activities, including for arrival into place, daily and room for experts, the receiver of the license bears.

12. If the decision on refusal in licensing is made, about it within 3 days after decision making it is reported to the applicant in writing signed by the head of relevant organ. The message shall contain basic reasons on which the license cannot be granted.

Can be basic reasons of refusal in licensing:

- the doubtful or distorted data in the documents submitted by the applicant;

- establishment through examination of discrepancy or lack of the conditions necessary for occupation the licensed activities (lack of the regulating documentation, technical and technology, sanitary and hygienic conditions, conditions of ecological safety of engineering procedures for life and human health, absence at specialists (workers) of necessary qualification (special preparation).

The business entity can file new petition for licensing after accomplishment of all requirements specified in the reply letter its first address.

13. In the license are specified:

- the name of the body which granted the license;

- series, number and date of issue of the license;

- for legal entities - the name and legal address (location), fiscal code, the registration certificate (series, number, place of registration) of business entity to which the license is granted;

- for physical persons entrepreneurs - the name, surname, name, passport details, fiscal code, the registration certificate (series, number, place of registration);

- the license is granted for a period of three years;

- type of activity;

- the conditions established for implementation of these types of activity.

The license is granted only after introduction by business entity of payment for licensing.

14. The license is signed by the head of the body equipped with licensing functions and certified by seal this body.

15. On each applicant who addressed for receipt of the license separate case in which the filed and registered documents are stored is opened; number identical to registration license number is assigned to case.

Case is the document of the strict reporting with storage duration at least effective period of the license. After this term documents are stored 3 (three) more months. Then they give up in the Public Records Office where three years are stored.

16. The license for activities in the field of wholesale (small wholesale) trade by mass sales items cannot be transferred to other person.

17. In case of issue of licenses for the right of wholesale (small wholesale) trade the following special conditions (criteria) are established:

a) observance of requirements of this provision;

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