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Ministry of Justice

Republic of Tajikistan

On July 9, 2015 No. 635

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 2, 2015 No. 429

About the Operating procedure of the state inspections, their rights and obligations

(as amended of the Order of the Government of the Republic of Tajikistan of 31.03.2016 No. 153)

In compliance of article 74 of the Town-planning code of the Republic of Tajikistan, the Government of the Republic of Tajikistan decides:

1. Approve the Operating procedure of the state inspections, their rights and obligation it (is applied).

2. To committee on architecture and construction under the Government of the Republic of Tajikistan together with the relevant ministries and departments to take necessary measures for realization of this Procedure.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of July 2, 2015, No. 429

Operating procedure of the state inspections, their rights and obligation

1. General provisions

1. The operating procedure of the state inspections, their rights and obligation (further - the Procedure) is developed for the purpose of realization of part 3 of article 74 of the Town-planning code of the Republic of Tajikistan.

2. This Procedure establishes procedure for acceptance for operation finished with construction of facilities, reconstruction, expansions, modernization, restoration, and also major repair (further - construction) the companies, their separate queues, start-up complexes, buildings and constructions (further - objects) and extends to all objects finished with construction, irrespective of sources of financing, patterns of ownership of functional purpose of buildings and constructions.

3. Objects of property of other states, their legal entities and physical persons, joint businesses and international organizations, are also subject to acceptance for operation according to the procedure, determined by these regulations if other procedure is not established by the international documents.

4. In case of acceptance of objects in operation it is necessary to follow the current legislation and acceptance procedures in operation finished with construction of facilities with specific conditions of production of products on the corresponding industries of national economy and industries, approved by the ministries and departments of the Republic of Tajikistan in coordination with authorized state body in the field of architecture and town planning, the relevant committees of labor unions and state supervision bodies.

5. Shown to acceptance for operation the object finished with construction shall conform to requirements of the legislation of the Republic of Tajikistan, the approved town-planning and project documentations, requirements of construction, sanitary, environmental and other standards.

6. Acceptance for operation, to not meeting requirements of use reliability and the safety finished with construction of facilities, executed with departures from the approved project documentation, ecological, sanitary and hygienic, fire-proof, explosion safety, and also not completed in full and having subquality work is not allowed.

7. The organization of acceptance finished by asset construction is assigned to the customer and made at his expense if other is not provided by the works agreement.

8. The object finished with construction is accepted from the contractor by the customer in accordance with the terms of the works agreements and further accepted and the object prepared for operation by the customer together with the contractor is accepted by the State inspection.

9. The state inspections are appointed by the Government of the Republic of Tajikistan, the ministries, departments, local executive bodies of the government. Operating procedure of inspections, their rights and obligations are determined according to this Regulations.

10. The object finished with construction is shown by the contractor to acceptance of the working commission appointed by the customer in structure and in the amount provided by the project approved in accordance with the established procedure and the works agreement.

11. The operating procedure of the working commission is regulated according to town-planning regulations and rules.

12. Accepted from the contractor the object finished with construction and prepared for operation is shown by the customer to acceptance for operation of the State inspection which gives assessment of conformity finished by asset construction to the project and requirements of regulating documents.

13. Operation of objects of complete construction without positive solution of inspection is not allowed. On the objects accepted in operation the warranty period in two years is established. In case of the conclusion of works agreements of the party has the right to establish longer terms.

14. Calculation of warranty period begins from the date of signing by inspection of the acceptance act of object in operation.

15. The free-standing buildings and constructions which are built in or the attached rooms of production and auxiliary assignment, construction (room) of civil defense which are part of object finished with construction in need of their input in action in the course of asset construction, are accepted by the working commissions on measure of their readiness with the subsequent presentation of their State inspection accepting object in general.

16. The subjects to production assignment finished with construction are subject to acceptance for operation by the state inspections in that case when they are prepared for operation (are completed with operational personnel, are provided with energy resources, raw materials and another), on them subquality work are eliminated and on equipment in place production (rendering services), provided by the project, in the amount meeting standards of development of design capacities in initial stage is begun.

17. The experimental (experimental), trial plants, workshops and installations are subject to acceptance for operation in that case when they are prepared for carrying out the experiences or production provided by the project.

18. Acceptance for operation of subjects to production assignment on which in defiance of established procedure changes are made to structure of the start-up complexes provided by the project is not allowed.

19. In exceptional cases the body which approved the draft before purpose of the State inspection can introduce changes to structure of start-up complexes.

20. At the same time it is not necessary to exclude buildings and constructions of sanitary household purpose providing work environment according to requirements of safe engineering and production sanitation, environment protection on production waste processing from structure of start-up complexes, sidings, communication lines, meliorative actions.

21. Annual acceptance for operation of the irrigated and drained lands is allowed in the course of construction of irrigation and drying systems after the implementation of construction of irrigating network, water management constructions, objects necessary for normal operation of systems, use of lands and for other works which are part of start-up complex.

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