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Ministry of Justice

Republic of Tajikistan

 On March 10, 2013 No. 202

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 3, 2011 No. 117

About approval of Rules of appointment and payment of social benefits to individual entrepreneurs

(as amended of the Order of the Government of the Republic of Tajikistan of 02.11.2013 No. 515)

According to Article 16 (the Law of the Republic of Tajikistan "About the national social insurance" and for the purpose of settlement of accounting of insurance years of service and social security of individual entrepreneurs the Government of the Republic of Tajikistan decides 1):

Approve Rules of appointment and payment of social benefits to individual entrepreneurs (are applied).

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

 

Approved by the Order of the Government of the Republic of Tajikistan of March 3, 2011 No. 117

Rules of appointment and payment of social benefits to individual entrepreneurs

1. General provisions

1) These Rules are developed according to Article 16 (1) the Law of the Republic of Tajikistan "About the national social insurance" and regulate accounting treatment for insurance years of service of the individual entrepreneurs performing the activities based on the Certificate on state registration of a person as an individual entrepreneur (further - the Certificate) or the Patent for the right of conducting activities of individual entrepreneurship (further - the Patent), which are registered in authorized state registering body and paid social insurance premium (further - individual entrepreneurs), and also procedure for their social security.

2. The period of activities of individual entrepreneurship joining in insurance years of service

2) the activities periods which are performed according to the legislation of the Republic of Tajikistan and for this enter insurance years of service of the individual entrepreneur. the period from its party was brought in individual accumulation account insurance premium.

3) the State authorized registering body in case of registration issues to the individual entrepreneur Identification taxpayer number, Identification single number, Insurance identification number which, are used for accounting of insurance years of service by state body on social insurance.

4) Individual entrepreneurs in system of the national social insurance shall pay the social tax by the principle of "Single window" and the registered data of the Unified state register.

5) the Supporting document of accounting of the created individual entrepreneur is the Certificate or the Patent about state registration.

Person, the performing business activity by means of the Certificate, insurance years of service considers 6) based on accounting of the income, expenses and other types of data.

7) Person, performing the activities according to the Patent, accounting of the insurance years of service confirms with provision of the documents confirming payment of the income tax, social tax and under other circumstances of the retail sales tax, established by the Tax code of the Republic of Tajikistan.

8) Preceding periods of labor activity of the individual entrepreneur are regulated according to provision of the Labor code of the Republic of Tajikistan and other regulatory legal acts.

9) the Insurance years of service of the individual entrepreneur are determined after registration in state body by social insurance as insured person based on data on the individual personified accounting or other supporting documents, state body on social insurance and its structural bodies on places.

10) Accounting of general insurance years of service of the individual entrepreneur in case of disability and retirement is performed according to the legislation of the Republic of Tajikistan and these rules,

3. Procedure and conditions of payment of social benefits to individual entrepreneurs

11) Social benefits to individual entrepreneurs, not being legal entities where it is impossible to consider their operating time are appointed from calculation for the last 12 months of activities, depending on the listed social insurance premiums.

12) the Annual insurance years of service of the individual entrepreneur working under the Certificate are considered complete if the size of its social insurance premiums is not less than the size of the nominal average monthly salary of the hired employee which developed in the Republic of Tajikistan for previous year.

13) the Insurance years of service of the individual entrepreneur working according to the Patent are considered from the actual payment of the provided regulation of the social tax (Patent effective period) and made at the rate of the provided earnings for certain number of months, but it is no more than fivefold size of the paid social tax for last year. If the size of social insurance premium constitutes less than the size the provided regulation of Item 11 of these rules, in this case the annual insurance years of service of the individual entrepreneur are considered incomplete.

14) Sources of financing of temporary disability benefits, on pregnancy also is, family allowances and benefit for burial budgets - authorized bodies of the national social insurance are, and their payment to individual entrepreneurs to be made to persons, authorized bodies on pension payment and benefits at the place of residence (service centers (agencies) of Government savings bank of the Republic of Tajikistan of Amonatbonk.

Expenses on banking services for payment of social benefits to individual entrepreneurs are paid in the amount of 0.5 percent of actually paid means at the expense of authorized state body on social insurance.

15) Appointment and calculation of benefits to individual entrepreneurs, the provided these rules is made by authorized bodies of the national social insurance and their subordinated structures on places.

16) the Average monthly amounts of the paid insurance premiums (social tax) from which the one-day earnings on the date of its payment which are due to the worker are determined there cannot be less established amount of minimum payment of work.

17) Upon termination of calendar year till March 1, the next year behind the expired settlement period, the individual entrepreneur shall provide calculation for the assessed and paid insurance premiums in territorial authority of the national social insurance.

4. Procedure for appointment and payment of social benefits to individual entrepreneurs in case of temporary disability

18) Temporary disability benefit is granted and paid in case of disease (injury) connected with disability in need of care of the sick family member, quarantine and prosthetics.

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