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

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.

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 sales of goods by the piece or in small amounts in cash to the population 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.

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;

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. Exposure to sale and realization in retail trade of final import consumer goods after 12 months from the date of execution of the customs declaration confirming the fact of import of these goods and customs payment according to the list according to appendix No. 3 to these rules is not allowed.

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, weight measuring devices shall have well visible verification mark or the certificate of bodies of the Uzstandart agency on checking which effective period did not expire, to be operational, net, correctly established, to be applied to destination and to provide unity and reliability of measurements and to have the corresponding passport.

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

9. Scales and other measuring devices 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 devices shall be established on the place, available to the buyer.

Use out of workplaces of scales and other measuring devices 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 places, convenient for acquaintance of the buyer, information shall be placed:

the seller - the legal entity - about trade name of the company, the place of its stay (the postal address and operating mode);

the seller - the individual entrepreneur - about state registration and the name of the body which registered him.

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, 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.

In stationary outlets and objects of exit trade availability of the settlement terminal on payment acceptance with use of bank plastic cards shall be provided.

22. The agreement of retail purchase and sale is considered the seller imprisoned in due form from the moment of issue to the buyer of the cash or sales receipt or other document confirming payment of goods if other is not provided by the law or the agreement between the seller and the buyer.

The seller - the individual entrepreneur performing retail trade without application of cash register shall issue to the buyer together with the acquired goods the receipt or the similar document with indication of surname and the signature of the seller, certificate number about state registration of the individual entrepreneur (Dehkan economy without formation of legal entity), sale dates and costs of goods.

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