Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 13, 2003 No. 75

About approval of Rules of retail trade in the Republic of Uzbekistan and Rules of production and sales of products (services) of public catering in the Republic of Uzbekistan

(as amended on 14-08-2023)

According to article 9 of the Law of the Republic of Uzbekistan "About consumer protection" the Cabinet of Ministers decides:

1. Approve:

Rules of retail trade in the Republic of Uzbekistan according to appendix No. 1;

Rules of production and sales of products (services) of public catering in the Republic of Uzbekistan according to appendix No. 2.

2. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent to bring the specified rules to all trade enterprises and public catering, and also to inform the population in accordance with the established procedure.

3. Recognize invalid resolutions of the Cabinet of Ministers of the Republic of Uzbekistan according to appendix No. 3.

4. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Usmanov M. Z.

Prime Minister of the Republic of Uzbekistan

U. Sultanov

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 13, 2003 No. 75

Rules of retail trade in the Republic of Uzbekistan

I. General provisions

1. These rules regulate implementation of retail trade in the territory of the Republic of Uzbekistan.

Action of these rules does not extend on the legal entities and physical person performing retail trade through malls and trade places of the markets.

2. Has the right to be engaged in retail trade in the territory of the Republic of Uzbekistan:

- legal entities;

- the physical persons performing business activity without formation of legal entity according to the legislation.

the paragraph the fourth is excluded

II. Basic concepts and terms

3. In these rules the following basic concepts and terms are used:

retail trade - implementation of activities in the field of the trade providing realization to the population of goods by the piece or in small amounts in cash or by means of bank plastic cards (except for corporate bank card) or systems contactless payment online for final consumption, without its right to use for commercial purposes;

commission trade - the type of retail trading activity assuming sale by brokers of the goods transferred to them for realization under commission agreements;

the shopping facility - the room or construction intended (adapted) for sales of goods and services irrespective of pattern of ownership, sales volume, the construction size, etc.

Shopping facilities of retail trade treat: market (market), hypermarket, supermarket, shopping center, mall, supermarket, department store, minimarket, epicure, specialized shops, tents, trays, autoshops, pavilions, booths, stalls, vending machines.

Shopping facilities share on stationary and portable.

stationary outlets - the shopping facilities (shops, booths, stalls, pavilions, drugstores, optics, gas stations) deployed on permanent basis in the places determined by local authorities of the government;

portable shopping facilities - the shopping facilities (trays, counters, tents, autoshops, etc.) deployed on a temporary basis and having seasonal or special-purpose character, and also requiring after completion of the working day of dismantle and transfer of object;

the vending machine - the structure of trade (vending machine) rendering services by means of provision of goods without participation of the seller after acceptance of cash or other means of payment. The vending machine can be stationary or in the form of object of exit trade;

trade floor - the area of the shopping facility intended for the public offer of goods and/or implementation of the agreement of retail purchase and sale of goods;

the seller is the legal entity or the individual entrepreneur (physical person) which is performing trading activity and acting as one of purchase and sale agreement parties;

the seller worker is the person acting on behalf of the seller and performing direct sale of goods or rendering services to consumers;

the paragraph the twelfth is excluded.

network marketing - kind of the retail sale of goods based on creation by the network organization of network of the sales agents extending goods independently;

the network organization - the legal entity of the Republic of Uzbekistan performing trade in the territory of the Republic of Uzbekistan independently or through sales agents by network marketing;

the sales agent - physical person - the individual entrepreneur without formation of legal entity who is directly realizing goods through stationary outlets, and also working with potential buyers by means of adoption of orders at home in organizations, the organizations, the companies, transport or on the street which income depends only on sales volume.

III. Main requirements to sellers, shopping facilities and goods

4. Assortment offered to sales of goods, the list of the rendered services, and also forms of servicing are determined by the seller independently according to profile and specialization of the activities.

By the Cabinet of Ministers of the Republic of Uzbekistan the list of the main food and nonfoods which availability is obligatory in retail retail chain stores which dislocations affirm khokimiyats of areas and cities of the republic can be determined.

4-1. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 15.09.2021 No. UP-6314

5. The seller shall observe obligatory taking into account profile and specialization of the activities of the requirement, established in state standards, health, veterinary, fire-proof regulations and other regulating documents (further - standards).

6. The seller shall have the necessary rooms, the equipment and stocks providing according to requirements of technical regulations or standards preserving quality and safety of goods in case of their acceptance, storage, pre-sale preparation and sale, proper terms of trade, and also possibility of the choice by buyers of goods.

7. The seller shall have and contain in good repair the gages allowed for use timely and in accordance with the established procedure carry out their metrological checking.

8. All measuring instruments shall have the certificate (or the certificate) confirming passing of metrological check of the public metrological service.

It is forbidden use the defective and not allowed for use measuring instruments.

9. Scales and other measuring instruments shall be established on workplaces of sellers workers so that buyers could see all process of weighing and goods issue. It is forbidden to establish scales at an angle to counter facade, to encumber them with exhibition of goods, curtains, stock, etc.

Scales are established on the strong, steady horizontal basis not subject different to concussions and vibration.

In trade floors control scales and other measuring instruments shall be established on the place, available to the buyer.

Use out of workplaces of scales and other gages in case of sales of goods in the form of electronic commerce is allowed.

10. In trade floors of grocery stores with quantity of workplaces 3 control scales also shall be more established. In trade floors with area of 1500 sq.m and more control scales are established in two places.

11. Installation and installation, and also preparation for operation of vending machines, dosers, autosaturexes and other devices for weighing, dosing and sales of goods shall be made according to requirements of factory documentation of these products which is included in the delivery package. At the same time special attention needs to be paid to observance of safety regulations.

12. The corresponding extraction from these rules in evident and available form are brought by the seller to the attention of buyers.

In places of realization of alcoholic and tobacco products the warning sign about non-admission of its realization to persons which did not reach twenty-year age and also about negative impact of alcoholic and tobacco products on health of the person shall be placed.

13. In the places convenient for acquaintance of the buyer (mainly in places of implementation of settlement, and also at entrances and in other places, available to the buyer), the following information shall be placed:

information about the seller - the legal entity - the name of the company, the identification taxpayer number (ITN), and also its location (the postal address and operating mode) and the special QR code giving opportunity of scanning of this information (except for operating mode);

information about the seller - the individual entrepreneur - about state registration and the name of registering body, and also the personal identification number of physical person (PINPP) and special QR code giving opportunity of scanning of this information.

The special QR code giving opportunity of scanning of information is created by tax authorities through personal office of the taxpayer

If the activities performed by the seller are subject to licensing, then he shall provide information on number and effective period of the license, and also on the body which issued it.

14. The seller shall inform timely in evident and available form the buyer stipulated by the legislation necessary and reliable information about goods:

- description of goods;

- goods bar code (in the presence);

- rules and conditions of effective and safe use of goods;

- warranty period if it is established for specific goods;

- service life or expiration date if they are established for specific goods, and also data on necessary actions of the buyer after the specified terms and possible effects in case of failure to carry out of such actions if goods after the specified terms pose hazard to life, health and property of the buyer, or become unsuitable for proper use;

- price and conditions of purchase of goods;

- designation of technical regulations or standards to which mandatory requirements the goods shall conform;

- data on the main consumer properties of goods (if they are not specified on packaging);

- the certificate of conformity on the goods which are subject to obligatory certification.

If the goods acquired by the buyer were in the use or in it the defect (shortcomings) was eliminated, information on it shall be provided to the buyer.

Upon the demand of the buyer the seller shall provide:

- information on trade name and the location (legal address) of the manufacturer of goods, the location of the organization (organizations) authorized by the manufacturer (seller) on adoption of claims from buyers and making repair and maintenance of goods;

- the copy of the certificate certified by the holder of the original of the certificate or the certification body of goods which issued the certificate (in case of the sales of products which is subject to obligatory certification);

- the commodity and accompanying documents processed properly by the manufacturer or the supplier (seller).

14-1. The seller during sale of the cultural values prohibited to export out of limits of the Republic of Uzbekistan shall notify in writing the buyer on export ban of these values out of limits of the Republic of Uzbekistan.

15. Sale of wild animals, parts of their hulks, waste products, their derivatives, wild-growing plants, and also the goods made of objects of animal and flora (fur, leather, sewing haberdashery, decorative, souvenir items, footwear, foodstuff, medicinal and technical raw materials) is performed in the presence of the relevant documents confirming legality of production (procurement) according to the legislation of the Republic of Uzbekistan, and on objects, not inherent fauna and flora of the Republic of Uzbekistan and goods from them, - also availability of the import permit issued by authorized body of the Republic of Uzbekistan is required.

16. Information on the seller, goods and their manufacturers is brought to the attention of buyers in state language, and also can be duplicated in other languages.

17. Evident and reliable information about the rendered services, the prices of them and conditions of rendering services, and also about the applied servicing forms also shall be provided to the consumer in case of sales of goods (according to preorders, sales of goods at home, on credit, cutting of fabrics, completing of gift and complete sets and other forms).

18. In case of sale of goods to the buyer the opportunity independently is given or by means of the seller worker to get acquainted with necessary goods, to check correctness of weight, measure of goods sold to it.

The buyer has the right to inspect the offered goods, to demand carrying out at its presence of check of properties or demonstration of its action if it is not excluded in view of nature of goods and does not contradict requirements of these rules.

The seller shall carry out quality check and safety (survey, testing, the analysis, examination) of the goods offered for sale in case conducting checks is provided by mandatory requirements of the state technical regulations and or terms of the contract.

19. The prices of the goods realized by the seller and also other terms of the contract are established by agreement of the parties, except as specified, when the laws or other regulatory legal acts provide other.

20. The seller worker shall provide availability of the uniform and accurately drawn up price labels on implementable goods with indication of description of goods, its grades, brand, model, type, the price for the weight, measure or commodity unit.

21. Cash cash calculations with buyers for goods are perfromed using cash registers, and in cases, stipulated by the legislation, - online of cash registers or virtual cash desks, except as specified, stipulated by the legislation the Republic of Uzbekistan. The head of the shopping facility shall inform the seller worker of rules of work with cash registers (virtual cash desks).

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