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Ministry of Justice

Republic of Tajikistan 

 On August 4, 2014 No. 593

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 26, 2014 No. 1107

About the state protection and support of entrepreneurship

(as amended on 02-01-2020)

This Law governs the public relations connected with the state protection, support and development of entrepreneurship in the Republic of Tajikistan and provides the state guarantee of activities of subjects of entrepreneurship.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the state protection and support of entrepreneurship the activities of the state bodies of the Republic of Tajikistan directed to implementation of actions, provided by the state and territorial development programs of entrepreneurship;

- associations (association) of subjects of entrepreneurship the non-profit organizations created by subjects of entrepreneurship according to the procedure, established by the legislation of the Republic of Tajikistan, for the purpose of coordination of their activities, and also representation and protection of the rights and legitimate interests of subjects of entrepreneurship;

- the state authorized body on the state protection and support of entrepreneurship (further – authorized state body) - the central executive body of the government performing state policy on support and development of entrepreneurship;

- entrepreneurship - the independent activities based on the risk, performed by persons which underwent state registration according to the procedure established by the legislation of the Republic of Tajikistan, directed to profit earning from use of property, production, sales of goods (performance of works or rendering services);

- subjects of entrepreneurship - the physical persons and legal entities which underwent state registration according to provisions of the legislation of the Republic of Tajikistan;

- protection of the subject of entrepreneurship - protection of the rights and legitimate interests of subjects of entrepreneurship by public authorities, authorized state body and local executive bodies of the government according to the procedure, established by the legislation of the Republic of Tajikistan;

- business incubator - the legal entity supporting the beginning entrepreneur at all stages of its activities;

- Council on development of entrepreneurship and improvement of the investment climate - the advisory advisory body created in case of the President of the Republic of Tajikistan and local executive bodies of the government.

Article 2. Legislation of the Republic of Tajikistan on the state protection and support of entrepreneurship

The legislation of the Republic of Tajikistan on the state protection and support of entrepreneurship in the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Entrepreneurship forms

1. The state recognizes and permits to perform any kinds of entrepreneurship, stipulated by the legislation the Republic of Tajikistan.

2. The entrepreneurship, according to provisions of the legislation of the Republic of Tajikistan, is performed in the following forms:

- with formation of legal entity;

- without formation of legal entity;

- with use of wage labor;

- without use of wage labor.

Article 4. Basic principles of the state protection and support of entrepreneurship

Treat the basic principles of the state protection and support of entrepreneurship in the Republic of Tajikistan:

- legality;

- transparency of activities of subjects of entrepreneurship;

- equality of all subjects of entrepreneurship;

- guarantee of protection of the rights and ensuring free activities of subjects of entrepreneurship;

- free participation of subjects of entrepreneurship in project development of the regulatory legal acts infringing on interests of entrepreneurship;

- priority of development of small and medium entrepreneurship.

Article 5. Subjects of entrepreneurship and their types

1. In the Republic of Tajikistan treat subjects of entrepreneurship:

- physical persons (citizens of the Republic of Tajikistan, foreign citizens and persons without citizenship) carrying on business;

- the legal entities (the commercial organizations of residents and nonresidents, branches and representations of foreign legal entities) carrying on business.

2. Subjects of entrepreneurship are divided into the following types:

- small;

- averages;

- large.

3. Individual entrepreneurs and legal entities whose gross income in year constitutes up to 1000000 (one million) somoni treat small business entities.

4. The individual entrepreneurs and legal entities performing the following activities cannot be carried to small business entities:

- production of excise goods;

- supply of aluminum primary;

- banking and insurance activity;

- the activities connected with management of investment funds;

- professional activity in the security market.

5. Legal entities whose gross income in year constitutes from 1000000 (one million) somoni to 25000000 (twenty five million) somoni treat subjects of medium business.

6. Legal entities whose gross income in year constitutes over 25000000 (twenty five million) somoni treat subjects of big business.

Article 6. State registration of the subject of entrepreneurship

State registration of the subject of entrepreneurship is performed according to the procedure, established by the Law of the Republic of Tajikistan "About state registration of legal entities and individual entrepreneurs".

Article 7. Rights of the subject of entrepreneurship

The subject of entrepreneurship has the right:

- perform all types of business activity which are not prohibited by the legislation of the Republic of Tajikistan;

- use property of the state and non-state companies in the procedure established by the legislation of the Republic of Tajikistan;

- participate in economic activity of other subjects of entrepreneurship;

- use on contractual basis property of legal entities, citizens of the Republic of Tajikistan, foreign citizens and stateless persons;

- develop the program of economic activity, choose suppliers of goods (works, services);

- make goods (to perform works, to render services) on contractual basis for the state needs;

- open bank accounts, perform accounting and other financial transactions;

- dispose and use the profit got from business activity;

- use system of the state social security and social insurance according to the procedure, established by the legislation of the Republic of Tajikistan;

- act as the participant of the external economic relations and perform currency transactions according to the procedure, established by the legislation of the Republic of Tajikistan;

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