RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 17, 2001 No. 1817

About reference of products (works, services) to products (works, services) of own production

For the purpose of enhancement of procedure for reference of products (works, services) to products (works, services) the self-produced Council of Ministers of the Republic of Belarus decides:

1. Approve Regulations on reference of products (works, services) to products (works, services) of own production it (is applied).

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of July 10, 1992 No. 421 "About procedure for reference of products (works, services) of the overseas and joint businesses operating in the territory of the Republic of Belarus to self-produced products" (the joint venture of the Republic of Belarus, 1992, No. 20, the Art. 367);

the resolution of the Cabinet of Ministers of the Republic of Belarus of July 21, 1995 No. 384 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of July 10, 1992 No. 421" (Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus, 1995, No. 21, the Art. 498);

the resolution of Council of Ministers of the Republic of Belarus of January 12, 1998 No. 35 "About reference of works and services of subjects of managing of the Republic of Belarus to works and self-produced services" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 1, the Art. 26);

the resolution of Council of Ministers of the Republic of Belarus of June 21, 1999 No. 949 "About entering of amendments into some resolutions of Council of Ministers of the Republic of Belarus" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1999, No. 18, Art. 516; National register of legal acts of the Republic of Belarus, 1999, No. 50, 5/1126);

the resolution of Council of Ministers of the Republic of Belarus of February 17, 2000 No. 215 "About entering of amendments into resolutions of Council of Ministers of the Republic of Belarus of July 10, 1992 No. 421 and of January 12, 1998 No. 35" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 2000, No. 5, Art. 130; National register of legal acts of the Republic of Belarus, 2000, No. 22, 5/2640).

3. To the Belarusian Chamber of Commerce and Industry together with the Ministry of Foreign Affairs, the Ministry of Economics and the Ministry of Taxes and Tax Collection till December 31, 2001 to develop and approve instructions about procedure for registration and issue of certificates of self-produced products and about procedure for registration and issue of certificates of works and self-produced services.

4. To consider the certificates of products (works, services) of own production issued by the Belarusian Chamber of Commerce and Industry before entry into force of this resolution valid before the termination of term of their action.

5. This resolution becomes effective in two months from the moment of official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 17, 2001 No. 1817

Regulations on reference of products (works, services) to products (works, services) of own production

1. This Provision determines conditions and criteria in case of which respect the legal entity or the individual entrepreneur is recognized the producer, and products made by it (the performed works, the rendered services) belong (treat) products (works, services) of own production.

2. Action of this provision extends on legal entities (except for banks, the non-bank credit and financial organizations, professional participants of the security market), the individual entrepreneurs registered in the Republic of Belarus, making products (performing works, rendering services), including residents of free economic zones, the Bremino-Orsha special economic zone, special tourist and recreational parks, the Chinese-Belarusian industrial park "Great Stone", owners of the free warehouses (further - residents of SEZ) performing activities for production (performance of works, rendering services) in the free economic zone, the Bremino-Orsha special economic zone, the special tourist and recreational park, the Chinese-Belarusian industrial park "Great Stone" in free warehouse (further - SEZ).

3. For the purposes of this provision the following terms and their determinations are applied:

material – any substance or substance, including the ingredients, raw materials, components or parts used and (or) consumed in case of production, and (or) subjected to conversion (processing) in case of production, and (or) physically included in structure of end products;

production – activities for cultivation, collection, production, cultivation, catching, hunting, accomplishment of any production and (or) technology operations;

products – the product carried according to the civil legislation to personal estate, the air and ocean ships which are subject to registration, inland navigation vessels, vessels of swimming "river sea", space objects, including the product intended for production of other products;

the production and engineering organization – the legal entity who is carrying out research, developmental and experienced and technology works, development of the software (if necessary), the production of parts of products which is transferring to contractors and (or) contractors design documentation and materials (if necessary) for production of parts of products and (or) accomplishment of separate technology transactions, carrying out final transactions of engineering procedure on assembly of end products, installation of the software (if necessary), to adjustment, testing and being the legal owner of end products on the property right, economic maintaining, operational management.

4. The producer of products the legal entity or the individual entrepreneur registered in the Republic of Belarus, performing activities for production in the Republic of Belarus in case of observance of the following conditions is recognized:

production is performed by the producer of products when using the parcels of land, buildings, constructions, other real estate units, machines, the equipment, gages, tools and devices which are in property, economic maintaining, operational management of the producer of products or the leased to it, finance lease (leasing) or free use. When using of products of work of workers-home-workers by the producer the objects of the civil laws specified in this paragraph can be in ownership, the order, use of such workers;

production is performed with use of the materials which are in property of the producer of products;

the made products are property of the producer of products or belong to it on the right of economic maintaining, operational management;

the production and (or) technology operations which are carried out by the producer of products in production process are directed to conversion (processing) of materials.

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