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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of August 24, 2007 No. 8945

About assignments on the national social insurance

1. Approve the enclosed Regulations on procedure for calculation and payment of assignments on the national social insurance.

2. Determine that financing of expenses of central office of Council of veterans of war of the Hero of Turkmenistan Atamurata Niyazova, its velayatsky, etrapsky and city divisions is made at the expense of means of the Government budget of Turkmenistan.

3. This resolution becomes effective from 1 Rukhnam 2007.

4. Recognize invalid:

the resolution of the President of Turkmenistan from 9 Oguz 1995 No. 2221 "About enhancement of system of the national social insurance" (Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan, 1995, No. 6, the Art. 2662);

the resolution of the President of Turkmenistan from 6 Baydak 1999 No. 4070 "About production incentive of livestock products" (Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan, 1999, No. 2, the Art. 74);

the resolution of the President of Turkmenistan from 31 Gorkut of 2000 No. 4779 "About measures for improvement of financial position of the companies and the organizations of Association of joint-stock companies for technological servicing of agricultural industry Turkmenobakhyzmat (Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan, 2000, No. 7, the Art. 355);

the resolution of the President of Turkmenistan from 8 Rukhnam 2000 No. 4828 "About measures for enhancement of the taxation system of Turkmenistan" (Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan, 2000, No. 9, the Art. 433);

the resolution of the President of Turkmenistan from 22 Sandzhar 2001 No. 5431 "About entering of amendments into the Regulations on procedure for calculation and the tax discharge on the property approved by the resolution of the President of Turkmenistan from 8 Rukhnam 2000 No. 4828 (Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan, 2001, No. 11, the Art. 509);

the order of the President of Turkmenistan from 20 Bitaraplyk 1999 No. 2086.

5. To impose control over the implementation of this resolution on the Minister of Economy and Finance of Turkmenistan Geldymgradov of X., Chief of the Main State Tax Service of Turkmenistan Hodzhayev D. and Chairman of the Highest control chamber of Turkmenistan Mukhammedov of X.

 

President of Turkmenistan

Gurbanguly Berdimuhamedov

Approved by the resolution of the President of Turkmenistan of August 27, 2007 No. 8945

Regulations on procedure for calculation and payment of assignments on the national social insurance

1. Payers of assignments on the national social insurance are the persons performing to physical persons of payment, being subject to assignments on the national social insurance according to Item 3 this provision:

legal entities - residents of Turkmenistan;

legal entities - the nonresidents of Turkmenistan performing the activities in Turkmenistan through branches, representations. The concept "the legal entity-the resident of Turkmenistan" and "legal litsonerezident Turkmenistan" are applied in the value this by the Tax code of Turkmenistan or international treaties of Turkmenistan;

individual entrepreneurs.

Implementation of business activity by physical person with violation of established procedure of registration, receipt of the license or other similar document cannot form the basis for non-recognition of this physical person for the purpose of payment of assignments on the national social insurance by the individual entrepreneur.

On the national social insurance are exempted from payment of assignments:

public organizations of disabled people, their companies and educational institutions;

diplomatic representations, consular establishments of Turkmenistan abroad and representations of Turkmenistan under the international organizations;

the foreign diplomatic and equated to them representations, representative offices of the international organizations in Turkmenistan.

2. Persons specified in Item of 1 this provision are recognized payers of assignments on the national social insurance concerning payments to citizens of Turkmenistan with which employment contracts or other agreements of civil nature which subject is performance of works, rendering services, and also contracts of military service, service in law-enforcement bodies and bodies of homeland security are signed (except for the military personnel undergoing military service).

3. Subjects to assignments on the national social insurance are payments and other remunerations (in cash and natural form) for benefit of physical persons on:

to employment contracts (contracts);

to civil agreements which subject is performance of works, rendering services (except for the remunerations paid to individual entrepreneurs);

to author's agreements;

to contracts of military service, service in law-enforcement bodies, and also in bodies of homeland security.

Subjects to assignments on the national social insurance are not:

a) the payments made within civil agreements which subject is transition of the property right or other rights to property, and also the agreements connected with transfer to use of property (property rights);

b) the public welfare payments established by the legislation of Turkmenistan;

c) the compensation payments established by the legislation of Turkmenistan (within the established regulations) connected with:

indemnification, caused by mutilation or other damage of health;

free provision of premises and utilities, food and products, fuel or corresponding cash compensation;

payment of cost and (or) issue of the relying natural allowance;

payment of cost of power supply, sports equipment, the equipment, sports and full dress received by athletes and employees of the sports organizations for educational and training process and participation in sports competitions;

dismissal of workers (dismissal wage). At the same time compensation for unused leave and the average salary kept for employment are subject to assignments on the national social insurance;

accomplishment of labor obligations by physical person (including moving for work to other area, traveling expenses, daily allowance on business trips, the field allowance, payments instead of daily allowance when permanent job proceeds in transit or has traveling and shift nature);

compensation of other expenses, including expenses on increase in Professional level of workers;

d) one-time awards and salary supplements for the state awards and honorary titles;

e) the amounts of the one-time financial support given by the employer:

in connection with natural disaster or other force majeure for compensation of the done material damage or harm to health;

to members of the family of the died worker or the worker in connection with the death of the member (members) of his family;

by holidays according to government decisions;

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