LAW OF THE REPUBLIC OF MOLDOVA

of September 23, 2010 No. 231

About domestic trade

This law partially shifts provisions of the Directive No. 2019/633 of the European Parliament and Council of April 17, 2019 about unfair commercial practicians in the relations between the companies in the agricultural and food supply chain published in the Official magazine of the European Union, L 111 of April 25, 2019.

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and tasks of the law

(1) the Purpose of this law is creation of the corresponding legal basis for implementation of trading activity by means of development of network of distribution of goods and commercial services in the conditions of free competition, protection of life, health, safety and economic consumer interests.

(2) This law determines the general principles of implementation of trading activity in the territory of the Republic of Moldova.

(3) This law provides accomplishment of the following tasks:

a) stimulation of sales activity of goods and services;

b) encouragement of free initiative, ensuring the loyal competition and free movement of goods and commercial services;

c) the maximum requirements satisfaction of consumers in different goods and services, ensuring food and consumer safety;

d) encouragement of development of the small and medium companies;

e) enhancement of institutional base on regulation of trading activity;

f) creation of the mechanism of interaction between bodies of the central and local public authority in the field of trade;

g) upgrade and development of forms of distribution of goods and rendering commercial services;

h) simplification of the procedure of the beginning of trading activity;

i) coordination of functions of public institutions, authorized to exercise supervision in the field of trade.

Article 1-1. Basic principles of trading activity

The basic principles of regulation and implementation of internal trading activity - the principles applicable to implementation of business activity, namely:

a) equality and equality of legitimate interests of all physical persons and legal entities which are engaged in trading activity;

b) transparency and predictability began, implementation and/or the termination of trading activity. The ambiguous moments arising in case of application of this law in the course of the beginning, implementation and liquidation of trading activity shall be interpreted for benefit of the bearer/businessman;

c) transparency of decision making in the field of regulation of trading activity;

d) material and procedural regulation by means of the laws of conditions of the beginning, change and termination of trading activity;

e) declaring by the bearer under own responsibility of observance of the conditions provided by this law and the applicable regulatory base;

f) approval by default, in case of excess by body of local public authority of the term established by the law for issue of references, the scheme of placement or other documents accompanying the procedure of the notification;

g) justice (proportionality) of interests of society and businessmen, and also relations of the state and entrepreneur. Activities of body of the local public authority or other organization equipped with the law functions of regulation and control in the relations with the businessman shall be proportional to ensuring interests of society and protection of the rights of businessmen. Bodies of public management shall not take actions exceeding requirements of goal achievement of society;

h) use of single window - bodies issuers in cooperation with other bodies with the state or related functions shall interact within single window for the purpose of minimization of costs and efforts of businessmen in case of the beginning, implementation and the termination of activities;

i) realization of the range of goods corresponding to type of trade item;

j) management of trade inventories and provision of additional services from the point of view of ensuring cost efficiency;

k) knowledge of forms and implementation methods of goods according to specialization of trade item;

l) providing conditions of management, the storage, traceability and harmlessness characteristic of products or services, according to the legislation;

m) observance of legal requirements to implementation of trading activity on voluntary basis, including by means of declaring under own responsibility.

Article 2. Sphere of regulation

(1) This law regulates activities in the field of domestic trade, establishes the main requirements to implementation of these activities, form of its implementation and power of the central industry bodies of public management and bodies of local public authority in the field of trade.

(2) for the purposes of this law types of activity food both and to provision of services are determined by nonfoods by trade according to the Qualifier of types of economic activity of Moldova (KEDM) and are provided in appendix 1.

Article 3. Concepts

For the purpose of this law the used concepts mean the following:

trading activity - activities of the businessman on the basis of one or several forms of trade performed separately or it is combined by participation in business volume by means of trade items, including by provision of additional commercial services;

amplasament - the area of the parcel of land or the area in certain room / construction / structure intended for implementation of trading activity by means of one or several small retail trade items;

business volume (commodity market and services) - the system of the public relations which are formed in the course of provision of commercial services, performance of works, preparation for sale, sale/purchase of goods or services, property hiring or other actions connected with delivery of property regulated by precepts of law (products, goods) or the services to the consumer arising between subjects of the commercial relations;

the businessman - person performing trading activity in one of forms of business of business activity or in other form of the trading activity provided by the law;

small retail trade - the activities for retail trade which are carried out through small retail trade items;

trade of cash and carry - the trade form performed through stationary trade items and combining wholesale and retail trade;

retail trade - form of trade in case of which goods are on sale directly to consumers for final consumption, the cases which except for are directly provided by the law;

wholesale trade - the trade form performed through stationary trade items in which goods are implemented mainly for their retail resale or use in production, conversion or in other purposes which are directly not prohibited by the law;

electronic trading - the trading activity consisting in sales of goods, performance of works and/or rendering services, performed by means of electronic means, means of remote communication, agreements signed remotely;

control purchase - the action made by authorized persons from the State inspectorate for supervision of non-food products and consumer protection, the National agency on safety of foodstuff, the State Tax Administration, consisting in purchase of material values, order placement on performance of works or rendering services at the expense of the means provided for this purpose in the budget of relevant organ without the purpose of their acquisition (consumption) or realization. After sight the authorized person of identification documents and informing the businessman on control purchase goods purchased return at their cost, except for goods which cannot be returned in their initial condition, and the executed services;

the declaration of the producer - the declaration under own responsibility concerning quantity and harmlessness of the sold products constituted according to the sample and the procedure established by the Government, granting the privilege of access to the markets or amplasament based on part (5) Article 12;

the declaration of home producer - the declaration under own responsibility concerning quantity and harmlessness of the sold products, and also compliance of the customs applicant to requirements to home producer constituted according to appendix 6;

the applicant of the notification in the field of trade - person submitting the notification in the field of trade according to the conditions established by this law;

single window - the procedure, by means of which the body of local public authority in stipulated by the legislation limits and cases without participation of the bearer checks through available information resources (information systems), authenticity of the data or on the initiative provided by the bearer takes actions on behalf of the bearer;

the price label - the data carrier (paper, cardboard, plastic etc.) about the cost, quantity and, if necessary, product quality, and also about its different characteristics;

the place of rendering commercial service - perimeter within trade item where direct transactions through which it is provided are carried out (is implemented) service (the place of the hairdresser, massage, tattoo, washing boxing or boxing for maintenance etc.) or objects for rent (the car, the bicycle, unit of entertainments etc.);

the public place - the place, structure, the building or the opened or protected platform which owing to the nature or appointment it is permanent or in working hours are available to the public;

the notification in the field of trade - declaration of will of the bearer by which the body of local public authority is notified on conditions of the beginning, change, suspension or termination of trading activity, on observance under own responsibility of the conditions for implementation of trading activity established by the law, and also on assignment on itself certain rights and obligations;

placement in the market - input of property (products, goods) or services in business volume on the basis of the civil agreement (applicable to trading activity);

basic price - the smallest price applied by the same trade item during the last 30 days or after two thirds of expiration date of foodstuff before date of use of reduced price;

selling price - final price of commodity unit or certain goods quantity, including the value added tax and all other charges;

unit price - final price, including the value added tax and all other charges, units of measure of product or the distinctive quantitative unit used in case of realization of specific goods;

home producer - the physical person receiving agrofood products as a result of own work or work together with family members, using personal plot within the settlement (household), the land site / the parcels of land for truck farming or the land site / the parcels of land of gardening partnerships, for the purpose of requirements satisfaction in foodstuff and other house (family) needs and not falling under concept of the businessman;

the goods realized by embankment - goods which are weighed or measured in presence of the buyer;

the scheme of placement - the document published by body of local public authority, representing graphical (schematic) placement of small retail trade item with its subsequent binding to the parcel of land if it is necessary;

commercial service - any activities (service) connected with participation in business volume without physical exchange of material values, performed for the purpose of requirements satisfaction of the final consumer;

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