ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2008 No. 366

About approval of Rules of provision of trade, entertaining, hotel, medical and other services by physical persons and legal entities in the territory of the capital

According to the Law of the Republic of Kazakhstan of July 21, 2007 "About the status of the capital of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of trade, entertaining, hotel, medical and other services by physical persons and legal entities in the territory of the capital.

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 21, 2008 No. 366

Rules of provision of trade, entertaining, hotel, medical and other services by physical persons and legal entities in the territory of the capital

1. General provisions

1. These rules of provision of trade, entertaining, hotel, medical and other services by physical persons and legal entities in the territory of the capital (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 21, 2007 "About the status of the capital of the Republic of Kazakhstan" and establish procedure for provision by the physical persons who are engaged in business activity without formation of legal entity and legal entities irrespective of patterns of ownership (further - physical persons and legal entities), trade, entertaining, hotel, medical and other services in the territory of the capital of the Republic of Kazakhstan.

2. Rules act on the territory of the capital of the Republic of Kazakhstan.

3. The objects providing trade, entertaining, hotel, medical and other services shall conform to requirements the established legislation of the Republic of Kazakhstan in the field of labor protection, health of citizens, environment protection, fire safety, and to sanitary and epidemiologic requirements.

4. Activities of the medical organizations rendering medical services in the territory of the capital coordinate akimat of the capital of the Republic of Kazakhstan within the competence.

5. In these rules the following concepts are used:

1) the medical organizations - the organizations of health care which main activities is delivery of health care and medical services to the population;

2) medical care - complex of the medical services directed to preserving and recovery of population health;

3) medical services - actions of the health workers having preventive, diagnostic, medical or rehabilitation orientation in relation to the specific person;

4) the seller - the subject of trading activity performing trading activity according to the current legislation of the Republic of Kazakhstan;

5) the consumer - the citizen who buys goods and uses works and services for the purpose of private consumption or use in family household;

6) the supplier of hotel services - the legal entity, and also the individual entrepreneur rendering hotel services to consumers under the paid agreement;

7) the patient - the physical person which is the consumer of medical services;

8) sanitary clothes - the set of protective clothes of personnel intended for protection of raw materials, auxiliary materials and finished goods (goods) against pollution;

9) subjects of health care - the organizations of health care and physical persons practising private medicine;

10) goods - any, not withdrawn from circulation work product, held for sale or exchange;

11) special clothes - the unified form of personnel of the objects providing trade, entertaining, hotel, medical and other services.

2. Procedure for provision of trade services

6. Trade services in the territory of the capital are provided on objects of domestic trade: shopping facilities (trading houses, the trade markets (further - the market), booths, tents, mobile shops, shops, portable counters and vending machines) and objects of public catering (restaurants, cafe, bars, dining rooms) according to the requirements established by the legislation of the Republic of Kazakhstan on regulation of trading activity.

7. The seller during the implementing of trading activity and provision of trade services observes taking into account the profile and specialization of the requirement, established by national standards, sanitary and epidemiologic, veterinary, fire-proof rules and other regulating documents.

8. The seller for rendering trade services should have the necessary room, the equipment and stock providing according to requirements of standards preserving quality and safety of goods in case of their storage and realization in the place of sale, proper terms of trade, and also possibility of right choice in the consumer of goods.

9. The seller contains in good repair the measuring instruments allowed to application according to requirements of the Law of the Republic of Kazakhstan "About ensuring unity of measurements".

10. The operating mode of shopping facilities and objects of public catering is established by administration of shopping facilities and objects of public catering.

11. Workers of shopping facilities are provided with office badges (badges) with indication of position, surname, name, in the shopping facilities realizing food products are in addition provided with sanitary clothes, on objects of public food - sanitary and (or) special clothes.

12. Realization of food products and provision of services of public catering are performed by the workers of shopping facilities and objects of public catering who had medical examination and hygienic training according to the procedure, established by authorized body in the field of sanitary and epidemiologic wellbeing of the population

13. According to the legislation of the Republic of Kazakhstan the seller provides availability of price labels on implementable goods in the state and Russian languages.

14. In case of sales of goods the seller informs the consumer information on confirmation of conformity of goods to the established requirements and at the customer's request represents one of the following documents:

1) certificate or declaration of conformity and sanitary and epidemiologic conclusion about safety of goods;

2) the copy of the certificate certified by the holder of the original of the certificate or the authorized body on certification of goods which issued the certificate;

3) the commodity and accompanying documents processed by the manufacturer or the supplier (seller);

4) in case of reproduction of works under the author's (licensed) agreement copy of the agreement.

The documents specified in subitems 3) and 4) are certified by the sign and seal of the manufacturer (the supplier, the seller) with indication of its details.

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