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LAW OF THE REPUBLIC OF MOLDOVA

of September 23, 2010 No. 231

About domestic trade

(as amended on 04-12-2020)

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 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 following used concepts mean:

trading activity - the business activity begun on the basis of the established relations in the field of realization of the made, processed or goods purchased, and also in the field of accomplishment of different types of works and rendering services, for the purpose of satisfaction of private economic interests and providing source of the income;

commercial service - the activities performed in connection with the act of sale (rendering) which provide to the consumer benefit and satisfaction without implementation of physical exchange in the form of material value;

the businessman - physical person or legal entity, performing activities in the field of trade;

single window – the procedure by means of which the body of local public authority checks accuracy of the data, specified by the businessman in the notification on the beginning of trading activity and/or directs filed by the businessman the notification and documents to industry bodies to approval or for receipt of the allowing documents issued by them online, without participation of the businessman;

wholesale trade - the activities performed by the businessmen acquiring goods for the purpose of resale to their other businessmen or professional users (agricultural producers, industrialists, service providers, handicraftsmen);

retail trade - the activities performed by the businessmen directly realizing goods to consumers for their private use (final consumption);

trade of cash and carry – trade form by the principle of self-service on the basis of the certificate of access; the activities performed by the businessmen selling goods by means of system of self-service to legal entities, individual entrepreneurs including peasant economy, patentees, persons rendering professional services according to the law, and the physical persons registered in the database of the seller for the purposes of resale and/or conversion, and also use in product quality of final consumption with preserving the differentiated mode of retail and wholesale prices;

small retail trade – the activities for retail trade which are carried out by means of transition from one place to another with use of portable units;

trade item - object (area) where there are operational processes of movement of goods/services (acceptance, storage and sale). The trade item can be identified by the individual postal address;

the catering establishment – trade item or the trade place where services in preparation, preparation, representation, sale and giving of foodstuff, servicing of ceremonies and actions are rendered, and also is performed the activities for the organization of leisure accompanying such services. These services can be rendered both within catering establishment, and out of that;

the trade place – the square of the parcel of land or the area in certain room where the sales of goods and services take place by means of:

a) portable units;

b) designs and elements of the designs which are temporarily developed within the biddings, fairs, cultural, tourist, sporting and other similar events;

c) perimeter within which small retail trade without portable unit takes place.

The trade place cannot be identified by the individual postal address;

portable units – mobile stands, counters, trays, little tables, carts, trade devices automatic machines, trail cars, trailers, specially equipped cars/mobile shop or other portable equipment for trade;

information resource in the field of trade – the state information resource created and administered by the Government containing data on trade items and trade places and providing interaction of bodies of local public authority with other state information resources and bodies of the public power regarding the relations concerning domestic trade;

the floor (commercial) space - the area to which consumers for the purpose of acquisition of goods/services have access, intended for the calculation of the offered goods, introduction of payment for them and movement of personnel during implementation of the activities. The areas intended for acceptance, warehousing, conversion and storage of goods or products and also offices and auxiliary rooms are not trade;

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

selling price - final price of commodity unit or certain goods quantity, including the VAT and all other taxes;

unit price - final price, including the VAT and all other taxes, units of measure of product or the distinctive quantitative unit used in case of sale of specific goods;

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