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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of September 21, 2001 No. 5384

About the state licensing of production and realization of chemical products, mineral fertilizers and remedies of plants in the territory of Turkmenistan

For the purpose of streamlining of use of natural wealth of Turkmenistan and state regulation of production and realization of chemical products, mineral fertilizers and remedies of plants I decide:

1. Enter since October 1, 2001 the state licensing of production and realization of chemical products, mineral fertilizers and remedies of plants (chemical products hereinafter are referred to as further) for all legal entities, irrespective of pattern of ownership and legal form, and also for individual entrepreneurs.

To the legal entities and individual entrepreneurs enabling production or the realization of chemical products before adoption of this resolution in 3-month time to obtain licenses for the specified types of activity.

2. Approve the enclosed Regulations on the state licensing of production and realization of chemical products, mineral fertilizers and remedies of plants

3. Authorize Turkmendokunkhimiya State concern, perform licensing of production and realization of chemical products.

4. To the state commodity and raw exchange of Turkmenistan not to allow the conclusion of purchase contracts (sale) of chemical products without the corresponding license of Turkmendokunkhimiya State concern.

5. To the state customs of Turkmenistan and Main State Tax Service of Turkmenistan:

not allow export (import) of chemical products without license of Turkmendokunkhimiya State concern;

provide withdrawal of the chemical products made or realized in Turkmenistan without license of Turkmendokunkhimiya State concern.

6. To impose control over the implementation of this resolution on the Vice-chairman of the Cabinet of Ministers of Turkmenistan Gurbanmuradov Yo. A.

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the Resolution of the President of Turkmenistan of September 21, 2001 No. 5384

Regulations on the state licensing of production and realization of chemical products, mineral fertilizers and remedies of plants

1. This Provision is developed according to the Laws of Turkmenistan "About licensing of separate types of activity", "About entering of amendment into the Law of Turkmenistan "About licensing of separate types of activity", and also the Regulations on Turkmendokunkhimiya State concern approved by the resolution of the President of Turkmenistan of June 15, 2000 No. 4718, and regulates procedure of the state licensing of production and realization of all types of chemical products, mineral fertilizers and remedies of plants in the territory of Turkmenistan (chemical products hereinafter are referred to as further).

2. Action of this provision extends to the companies, the organizations and organizations, irrespective of pattern of ownership and legal form, including to the companies with participation of the foreign capital which are engaged in production and (or) realization of chemical products and also to the individual entrepreneurs enabling the realization of chemical products.

3. The state licensing of production and (or) realization of chemical products is performed by Turkmendokunkhimiya State concern and includes in itself issue of licenses, their renewal, suspension of action and cancellation.

4. Are subject to the state licensing:

production and realization of chemical products;

realization of chemical raw materials or the finished chemical goods made or imported on the territory of Turkmenistan.

The list of the licensed types made and implemented (including imported) chemical products (raw materials) affirms the Cabinet of Ministers of Turkmenistan on representation of Turkmendokunkhimiya State concern.

5. The license for production and realization of finished chemical goods grants the right to production of the specified products in case of observance of licensed conditions, the basic rules of production and the legislation of Turkmenistan, with subsequent its realization, both in the domestic market of Turkmenistan, and beyond its limits.

6. The license for realization of chemical raw materials or finished chemical goods includes permission to realization in the territory of Turkmenistan of chemical raw materials or finished chemical goods both made in the territory of Turkmenistan, and imported on its territory, in case of observance of normative requirements for transportation, storage and direct sales of products to the population and business entities.

7. The license is granted to the legal entity or the individual entrepreneur for a period of three years. Action of the license does not extend to activities of the third parties, except the structural divisions of business entity which do not have the status of legal entities.

8. The license for production of chemical products, is issued only to the legal entity of Turkmenistan.

9. The term of consideration of the application and adoption of the decision on it constitutes:

on production and realization of chemical products of 30 days,

on realization of chemical products of 10 days.

10. Licensed requirements and conditions are developed by Turkmendokunkhimiya State concern and affirm the Cabinet of Ministers of Turkmenistan. The right to license-free activities in the field of production and (or) realization of chemical products has the companies and the organizations which are part of Turkmendokunkhimiya State concern.

11. For receipt of the license the job seeker represents the following documents to Turkmendokunkhimiya State concern:

a) the statement for licensing with indication of:

the name and form of business of the legal entity, the place of its stay, the name of the servicing bank and the room of the settlement account in bank, statistical and tax codes. For the individual entrepreneur it is necessary to enter surname, name, middle name, with appendix of verified copies of the documents proving his identity;

type of activity with indication of the term during which the specified type of activity will be performed;

places of implementation of production (storage and realization), with application of documents, confirming compliance to requirements of safe engineering and labor protection;

b) the copies of constituent documents and the copy of the certificate on state registration of the license applicant certified notarially. For individual entrepreneurs - the copy of the certificate on its state registration as the individual entrepreneur certified notarially;

c) the data on completeness and qualification of personnel confirming compliance of the license applicant to the established licensed requirements and conditions;

d) the document confirming payment of 10 percent of the license fee.

All documents are accepted according to the inventory which copy goes (is handed) to the applicant with mark about date of documents acceptance.

12. For licensing charges are established in the amount of:

for production and realization of chemical products - the twofold size of the minimum monthly salary;

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