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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 2, 2010 No. 391

About approval of the Procedure for exposure to sale of state-owned property as independent subject to privatization

(In edition of the Order of the Government RT of 07.04.2011 No. 189)

According to article 14 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" and the Presidential decree of the Republic of Tajikistan of December 29, 1996 "About measures for acceleration of incorporating the companies" the Government of the Republic of Tajikistan decides No. 631:

1) to Approve the enclosed Procedure for exposure to sale of state-owned property as independent subject to privatization.

 

Prime Minister

Republic of Tajikistan Emomalii Rahmon

Approved by the order of the Government of the Republic of Tajikistan of August 2, 2010 No. 391

Appendix 1

Procedure for exposure to sale of state-owned property as independent subject to privatization

1) the Procedure for exposure to sale of state-owned property as independent subject to privatization (further - the Procedure) is developed according to the Law of the Republic of Tajikistan "About privatization of state-owned property in the Republic of Tajikistan".

2) Norma Poryadka extend to the state-owned property relating to republican or municipal property and which privatization is not forbidden according to the legislation.

3) This Procedure does not extend to property which sale breaks the closed production cycle of the state company.

4) Independent subjects to privatization are:

a) all types of property of the state companies intended for its activities;

b) the state buildings and constructions as property complex which privatization does not break the closed production cycle of the state company;

c) separate property of the state company.

5) the Decision on exposure to sale of state-owned property as independent subject to privatization concerning republican property is accepted by the state authorized body on management of state-owned property of the Republic of Tajikistan, concerning municipal property the relevant Majlises of People's Deputies, and, within competence, chairmen of the Gorno-Badakhshan Autonomous Region, areas, cities and areas based on the proposal of the asset holder of state-owned property.

6) For decision making about exposure to sale of state-owned property from the asset holder the following documents shall be submitted:

a) The order of the asset holder signed by the director;

b) The decision of general shareholder meeting concerning property of joint-stock companies in which authorized capital there is share of the state;

c) The certificate of book value of the property offered for sale (according to appendix);

d) The copy of technical data sheet or the scheme of arrangement approved by the asset holder with indication of total area of buildings and constructions, the fixed parcel of land and the address of location;

e) The copy of technical data sheet concerning vehicles;

e) The certificate of cost amount of the asset holder for the last five years which were spent for repair and recovery of state-owned property;

ё) Pictures (photos) of state-owned property which completely show its real condition;

7) For exposure to sale of the objects of the social and cultural sphere which are relating to state-owned property and being on balance of the privatized joint-stock companies, submission of the documents specified in Item 6 of this Procedure is not required;

8) In case of need the state authorized body on management of state-owned property of the Republic of Tajikistan has the right to demand the additional information from higher body of the asset holder of state-owned property.

9) the Management of the asset holder of state-owned property according to the legislation of the Republic of Tajikistan bears responsibility for reliability of the submitted documents.

10) Responsibility for safety of state-owned property until its transfer to the new owner is conferred on the asset holder.

11) Cost determination and sale of state-owned property: it is performed in accordance with the established procedure.

12) the State authorized bodies on management of state-owned property of the Republic of Tajikistan have the right to independently prepare documents and according to established procedure to offer for sale the objects of the social and cultural sphere which are relating to state-owned property and being on balance of the privatized joint-stock companies.

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