ON LICENSING OF CERTAIN TYPES OF ACTIVITY

LAW OF THE REPUBLIC OF TAJIKISTAN ON LICENSING OF CERTAIN TYPES OF ACTIVITY

 (Akhbori Majlisi Oli of the Republic of Tajikistan, 2004 year, №5, art. 348; 2005 year, №3, art.120; 2006 year, № 7, art. 343; 2007 year, №6, art.433; 2008 year, №1 part 2, art. 14, №6, art.457, №10, art.816; 2009 year, №3, art.78; 2009 year, № 5, art.326; №9-10, art.544; 2010 year, №12, part 1, art. 821)

 

Adopted by Majlisi Namoyandagon - April 14, 2004 year

Approved by Majlisi Milli - April 29, 2004 year

The Present Law defines the types of activity subject to licensing, determines the legal basics for issuing license with the right to implement certain types of activity and is directed at observing standards and qualifications requirements necessary for the implementation of these types of activity, ensuring the protection of interests and security of individuals, society, and the state.

 

Article 1. Basic Definitions

The present Law uses the following basic definitions:

license – special permission issued by a licensing body to a legal entity or individual entrepreneur for implementing a specific type of activity with the mandatory observance of licensing requirements and conditions;

licensed type of activity – an activity the implementation of which requires license pursuant to the present Law within the territory of Republic of Tajikistan;

licensing – arrangements related to license issuing, re-legalization of documents confirming the  license availability, license suspension and recommencement, license cancellation and oversight by a licensing body over the observance by licensees of the relevant licensing requirements and conditions when implementing the licensed types of activity;

licensing requirements and conditions – an aggregate of requirements and conditions determined by provisions on licensing peculiarities for specific types of activity and the implementation of which by licensees is mandatory;

licensing bodies – executive power bodies implementing licensing in compliance with this Law;

licensee –a legal entity or individual entrepreneur having license to implement the specific type of activity;

license candidate–a legal entity or individual entrepreneur which has applied to a licensing body to issue license for implementing the specific type of activity;

license register –an aggregate of data on license issuing, re-legalization of documents confirming the license availability, license suspension, resumption, and cancellation.

 

Article 2. Legislation of the Republic Tajikistan on Licensing of certain types of activity

 

The legislation of the Republic Tajikistan on licensing of certain types of activity shall be based on the Constitution of the Republic of Tajikistan and comprises of the present Law and statutory and regulatory enactments of the Republic of Tajikistan, as well as the international legal enactments recognized by the Republic of Tajikistan.

 

Article 3. Major Licensing Principles

 

The main principles of licensing are:

- ensuring common economic space within the territory of the Republic of Tajikistan;

- establishment of consolidated  list of  licensable types of activity;

- establishment of  unified procedure of licensing within the territory of the Republic of Tajikistan;

- establishment of  licence requirements and conditions subject to the provisions on licensing peculiarities for certain types of activity;

- publicity and openness of licensing;

- due process of law in the exercise of licensing.

Article 4. Criteria for determining the types of activities subject to licensing

Licensed types of activity shall include the types of activity the implementation of which may result in violation of rights, legal interests, health of citizens, defense and security of the state, cultural heritage of the people of the Republic of Tajikistan the regulating of which may not be implemented by any other method

except for licensing.

 

Article 5. Authority of the Government of the Republic of Tajikistan in the execise of licensing

The authorities of the Government of the Republic of Tajikistan in the field of licensing include:

- approval of the Provision on licensing peculiarities of separate  types of activity;

- determination of the executive authorities that carry out licensing of separate  types of activities.

 

Article 6. The authorities of licensing bodies

1. The licensing bodies shall perform the following authorities:

- grant of a license;

- re-issue of documents, confirming the possession of license;

- renewal of a license;

- suspension of a license;

- revalidation of a license;

- cancellation of a license (in the cases, provided for in the article 14 of the present Law);

- keeping of a license register;

- monitoring of compliance by licensees with licence requirements and conditions.

2. The procedure for exercising the authorities of the licensing body, except for audit of activity of the licensee with respect to its compliance with licence requirements and conditions, shall be established in accordance with the Regulation on the specifics of licensing of certain types of activities. 

Article 7. Validity of a licence

 

1. A license is granted for each type of activity specified in Articles 17 and 18 of this Law.
2. The type of activity for which the license is granted can only be performed by a legal entity or individual entrepreneur who has received a license.
3. The validity of a license will cover the whole territory of the Republic of Tajikistan.
4. In cases explicitly stipulated by the legislation of the Republic of Tajikistan, the license may be valid only in a territorial limited in the Republic of Tajikistan.
5. Foreign individuals and legal entities can obtain licenses on the same conditions and in the same manner as individuals and legal entities of the Republic of Tajikistan, unless otherwise provided by the legislation of the Republic of Tajikistan. A foreign legal entity - a license applicant must have its own branch or representative office in the Republic of Tajikistan.

 

Article 8. Period of validity of a licence

 

1. The period of validity of a license for licensed types of activities provided for in Article 17 of this Law - at least 5 years, for licensed types of activities provided for in Article 18 of this Law - at least 3 years.
2. The period of validity of a license for separate types of activities provided for in Article 17 of this Law for individual entrepreneurs who do not use hired labor in their activities, at the written request of the applicants themselves, can be set from 1 to 5 years.
3. The period of validity of a license before its expiration can be extended at the request of the licensee for the same period. The extension of the license validity period is carried out in the order of re-issuing of documents, confirming the possession of license.

 

Article 9. The documents are required for obtaining a license

 

1. To obtain a license, the license applicant submits the following documents to the relevant licensing body:

- application for the grant of a licence detailing licensable type of activity, which indicates:

 

1. a) for a legal entity - the name and the form incorporation , legal address and location, current account number and bank department;

 

1. b) for an individual entrepreneur - surname, name, patronymic, place of residence, passport, number and date of its issue;

 

- the licensed type of activity that an individual entrepreneur and a legal entity intend to carry out, and the period during which the specified type of activity will be carried out;

- a copy of the document confirming the official registration of the applicant;  (LRT dated December 29, 2010, №662) 

- a copy of the document on the issuance of the taxpayer identification number to the license applicant by the tax authority; (LRT dated December 29, 2010, № 662)

• a document confirming the payment of the license fee for application processing of the license applicant;

- information on the qualifications of the license applicant's employees.

1. The regulation on the specifics of licensing of certain types of activities, in addition to these documents, may provide for the submission of other documents confirming the compliance of the license applicant with the established requirements and conditions.
2. It is not allowed to require from the license applicant to submit documents not provided for by this Law and the Regulations on the specifics of licensing of certain types of activities.
3. All documents submitted to the relevant licensing body for granting a license are accepted as per checklist, a copy of which is sent (delivered) to the license applicant with a note of the date of receipt of the documents by the said body.

 

Article 10. Adoption of decisions on granting or refusal of a licence

 

3. The licensing body adopts a decision on granting or refusal of a license within a period not exceeding thirty days as from the date of receipt of the application of the license applicant with all the necessary documents. The relevant decision is executed by the order of the licensing body.
4. The shorter lead time of adoption of decisions on granting or refusal of a licence may be established by Regulations on the specifics of licensing of certain types of activities. 
5. The licensing body is obliged to notify the license applicant within the time frame specified on adoption of decisions on granting or refusal of a licence.
6. A notice about granting of a license is sent (delivered) to the license applicant in written form, with indication of the bank account details and payment date of the license fee for granting of the license.
7. A notice about refusal of a license is sent (delivered) to the license applicant in written form, with indication of the reasons for the refusal.
8. Over the course of three days after the license applicant submits a document confirming the payment of the license fee for granting of a license, the licensing body issues to the licensee a document confirming possession of a license free of charge. 

8. The licensee has the right to receive duplicates of above-mentioned document with payable amount, equal to payout amount for re-issue of a document confirming possession of a license.
9. The grounds for refusal of a license are:

 

-  presence of inaccurate or distorted information in the documents submitted by the license applicant; 

- if the license applicant, the facilities belonging to him or used by him, do not meet the licensing requirements; 

- if, depending on the envisaged type of activity, a negative opinion has been given on compliance with the conditions of activity and the requirements imposed on them by the relevant authority.

9. The volume of products (works and services) is produced (performed) or its production (performance) is planned by the license applicant, cannot be the basis for issuing a license.
10. The license applicant has the right to appeal against the refusal of the licensing body for granting of a license or its failure to act in the court.

 

Article 11.  Document, confirming the possession of a license and the decision to issue it

The decision to issue a license and the document, confirming the possession of a license shall indicate:

 

- name of the licensing body;

- name and form incorporation, legal address and place of it location - for a legal entity;

- surname, name, patronymic, place of residence, details  of an identity document - for an individual entrepreneur;

- licensable type of activity;

- registration number, date and period of validity of a license; 

- taxpayer identification number and unified identification number; (LRT dated December 29, 2010, №662).

- license number;

- date of adoption of decisions on granting of a licence.

 

Article 12. Re-issue of documents, confirming the possession of a license

 

1. In the event of a transformation of a legal entity, a change in its name or its location, or a change in the name or place of residence of an individual entrepreneur, the licensee - a legal entity (his successor) or an individual entrepreneur must submit an application for re-issuing the document no later than fifteen days later, confirming the possession of a license, with the attachment of documents confirming the indicated changes.
2. When re-issuing a document confirming the possession of a license, the licensing body makes conforming amendments to the register of licenses. Re-issuance of a document confirming the possession of a license is carried out within ten days from the date of receipt of the relevant application by the licensing body.
3. For renewal of a document confirming the possession of a license, a fee is charged in the amount of two indicators for calculations, which is credited to the state budget.

 

Article 13. Verification

 

1. Control over compliance by the licensee with the license requirements and conditions, determined by the regulation on the specifics of licensing certain types of activities is carried out by the licensing body within its competence.
2. Audit of activities of the licensee with a view to its compliance with the licensing requirements and conditions is carried out by the body that issued the corresponding license, in accordance with the Law of the Republic of Tajikistan “On audit of activities of economic entities in the Republic of Tajikistan”.
3. The licensing body is not entitled to verify on the subject falling under competence of other government authorities.

 

 Article 14. Suspension and cancellation of a license

 

1. The licensing body has the right to suspend the validity of a license in the event of revealing repeated infringement or gross violation by the licensee of license requirements and conditions.

   Suspension of the validity of a license either can be applied other than on extraordinary occasions,  if it is necessary  for  preventing an instant danger to life or public  health, offensive of technogeneic catastrophe, causing irretrievable detriment to natural sites, or environmental conditions and prevention of  specified  circumstances via any other means is impossible.

2. The licensing body is obliged to fix cure period by the licensee that result in suspension of a license. Indicated period cannot exceed three months. Should at the stated time the licensee has not rectified the said violations, the licensing body is obliged to appeal to the court with an application for cancellation of the license.
3. The licensee is obliged to notify in written form the licensing body about the elimination of the violations that ruslts in suspension of the license. The licensing body suspending the validity of a license makes a decision on renewal its validity and informs the licensee about it in written form over the course of three days when relevant notification will be issued and verification of elimination of violations by the licensee that results in suspension of the validity of a license. The license validity period for the moment of its suspension is not extended and renewal fee for the validity of a license is not levied.
4. Licensing bodies may revoke a license in default of payment by the licensee within fifteen days of license fee for granting of a license.
5. A license can be canceled by a court decision on the basis of an application by the licensing body should the violation of license requirements and conditions by the licensee that results in prejudice to rights or legitimate interests, health of citizens, national defense and security, cultural heritage of the peoples of the Republic of Tajikistan, or in the cases provided for in part 2 of this article. At the same time with filing an application to the court, the licensing body has the right to suspend the validity of the said license for the period until the entry into force the court decision.
6. The decision of suspension of a license, of revocation of license or of forwarding an application for revocation of license to the court shall be communicated by the licensing body to the licensee in written form with a reasonable cause thereof, no later than three days after its adoption.
7. The decision of suspension of a license and of revocation of license in accordance with the legislation of the Republic of Tajikistan may be appealed against through judicial procedures.

 

Article 14¹. Termination of license

 

  The validity of a license is terminated in instances of liquidation of a legal entity and the termination of state registration certificate of a person as an individual entrepreneur, from the effective date of the court ruling to revoke the license, the date of expiration of the license, as well as pursuant to written application from the licensee on termination of license.

Article 15. Keeping of a register of licenses

1. The licensing body keeps a register of licenses.
2. In the register of licenses, in addition to the information specified in Article 9 of this Law, the following must be indicated:

- particulars of registration  of license in register of licenses;

- justifications and date of suspension  and revalidation of a license;

- justification and cancellation date of validity of a license;

- other information determined by the regulation on pecularities  of licensing certain types of activities.

3. The information contained in the register of licenses is open for acquaintance with it by individuals and legal entities.
4. Information contained in the register of licenses, in the form of extracts about specific licensees, is provided to individuals and legal entities in return for a fee. Amount to be charged for providing this information is comprised of one indicator for calculations and credited to the state budget.
5. Information from the register of licenses is provided to the bodies of state authorities at no cost.
6. The term for providing information from the register of licenses cannot exceed three days from the date of receipt of the relevant application.

 

Article 16. Licence fee and funding

1. Licensed financing is carried out within the funds allocated from the respective budgets for the maintenance of licensing bodies.
2. For application processing on issuance of a license by types of activity provided for in Article 17 of this Law, a license fee is levied in the amount of four indicators for calculations, and by types of activity provided for in Article 18 of this Law, in the amount of ten indicators for calculations that are non-refundable.
3. For the issuance of a license for the types of activities provided for in Article 17 of this Law, a license fee is levied in the amount of ten indicators for calculations. The amount of license fees for issuing a license for the types of activities provided for in Article 18 of this Law is determined by the Government of the Republic of Tajikistan separately for each type of activity in accordance with the Regulations on the specifics of licensing of certain types of activities.
4. Amounts of license fees are credited to the state budget.
5. Upon renewal of the license, the applicant is charged a fee equal to the license issuance fee.

  In the event of reduction of period of validity of a license, under the provisions of part 1 of Article 8 of this Law, the amount of license fees shall be reduced in accordance with the period of validity of a license.

 

 Article 17. List of activities for implementation of which a license is required

In accordance with this Law, the following activities are subject to licensing:

- activities on the issuance of certificates for keys of electronic digital signatures, registration of owners of electronic digital signatures, provision of services related to the use of electronic digital signatures, and confirmation of the authenticity of electronic digital signatures; 

- activities on revealing  electronic devices, intending for  surreptitious obtaining of information at the premises and technical facilities (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur);

- activities on the development and manufacturing of the means of protection for the classified information;

- activities on the technical protection of the classified information;

- activities on the development, production of special technical devices, intending for surreptitious obtaining of information, their vendition, as well as procurement for the purpose of sale in the event shall  these types of activities are carried out by entrepreneurs and legal entities engaged in business;

- activities on manufacture  of counterfeit-proof  of  printing  products, including definitive securities, as well as trade in mentioned  products;

- retailing of civilian and service weapons, major components and ammunition to it;

- activities on operation and maintenance of the load lifting mechanisms (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur);

- activities on exploitation of  explosion hazardous, fire hazardous, chemically hazardous production facilities;

- activities on extraction, production, development of oil, gas, coal and operation of oil and gas network facilities; 

- activities on warehousing and vendition of oil, gas and products produced from these (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur); 

- activities on  installation, adjustment and repair of power  facilities and equipment (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur);

- activities on  carrying out expert examination of industrial safety

- activities on  production, storage, dissemination, transportation and application  of explosive materials of industrial purpose;

- activities on  production and dissemination  of pyrotechnic articles,  included in the national cadaster  of explosive materials;

- activities on production of works on installation, operation and maintenance of fire safety devices of buildings and housing;

- activities on production, transmission and distribution of electric energy (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur);

- activities on implementation of design and survey works, construction of buildings and facilities, including extention, rehabilitation, repair and rebuild of operational facilities;

- activities on design and survey works, construction, repair and rehabilitation, highways, railways and traffic installations;

- activities on production of mine-surveying work;

- geodesic and cartographic activities;

- activities in the field of hydrometeorology and related areas, including performance  of work on the active influencing on hydrometeorological and geophysical processes and phenomena;

- pharmaceutical activities (manufacturing and production of pharmacologic and cosmetic agents, production of medical goods  and medical device industry, sale of pharmacologic agents and medical products, production and sale of nutrient  treatment-and-prophylactic additives);

- private medical activity;

- activities on support service of medical equipment (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur);

- activities associated with the use of causative agents of infectious diseases;

• activities on production of disinfection, disinsection and deratization agents;

- activities on  cultivation of drug-containing crops for scientific purposes, as well as the development of new narcotic drugs and psychotropic substances;

- activities associated with the legal distribution of narcotic drugs, psychotropic substances and precursors (development, production, manufacture, processing, storage, transportation, shipping, issue, sale, delivery, procurement, application, import and export);

- activities associated with the source of ionizing radiation;

- activities associated with the import and export, production, sale, use, transportation, storage, processing and destruction of radioactive substances; (LRT dated 19.05.09, №519).

- activities on  air conveyance of the passengers and consignments;

- activities on  transport of passengers and carriage of goods by highway transportation (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur); (LRT dated 5.01.08, №349).

- activities on  transport of passengers and carriage of goods by railway transportation (apart from cases, if mentioned activity is carried out for providing own needs of a legal entity or individual entrepreneur and without any issuance to the railway lines of common use);

- activities on  maintenance operation to highway and railway transportation

- activity of passenger and cargo terminals; 

- activities on  maintenance operation of air traffic; 

- activities on  repair and maintenance operation of air traffic; 

- activities on  collection, utilization, detoxification, transportation and disposal of hazardous waste; 

- activities on organization and maintenance of totalizator counters, betting offices and games of lotto (LRT dated 26.03.09, №485);

- valuation activities; 

- tourist activities;

- activities on  procuring, processing and sale of scraps and wastes of ferrousand  nonferrous metal;

- activities associated with the employment of citizens of the Republic of Tajikistan outside the Republic of Tajikistan, and activities associated with the employment of foreign citizens within the territory of the Republic of Tajikistan;

- auditing activities;

- activity of pawnbrokers;

- exchange activities;

- insurance activities; 

- activity of professional securities traders; 

- activities on production, import and export of tobacco products;

- private veterinary activities; 

- activity of attorneys at law; 

• activities in the field of education (with the exception of state preschool institutions and general education (primary, basic general and general secondary); 

- activities associated with the turnover of precious metals and precious stones (processing of scrap and waste scrap of precious metals into final product, refining, recuperation of precious stones, buying –up across the population of jewelry and other household goods  made of precious metals and precious stones and scrap of such items, distributive trades in precious metals and precious stones);

- activity of  patent solicitors;

- activity in the field of  TV broadcast, radio broad cast and audiovisual work;

- activities on purchase, sale, application, utilization and destruction of substances,  depleting the ozone layer, and products containing them, as well as all type of activities related to installation, equipment maintenance and repair,  engaging with using substances, depleting the ozone layer;

- activities of non-state pension funds; 

- activity of  credit reference Bureau. (LRT dated 5.10.09, № 551).

                          

Article 18. Special list of activities for implementation of which a license is required

1. As provided in this Law, the following activities are subject to a special licensing procedure:

 

- activities on implementation of  banking operations; 

- activities on implementation of  foreign-exchange dealings;

- activity in the field of manufacture and distribution of ethyl alcohol, alcoholic and alcohol-containing products;

- activity in the field of  electric couple;

- activities on subsurface use;

• activities on the usage of flora and fauna resources, entered  into the Red Book of the Republic of Tajikistan;

- activity, works and services in the field of nuclear energy use.

2. Licensing the activity on conducting banking operations and on conducting transactions with foreign currency is regulated by the legislation of the Republic of Tajikistan on Banks and Banking Activities, on Currency Regulation and Currency Control.
3. Variation of the list of activities subject to licensing is conditional on introduction of amendments and additions to this Law.

 

 Article 18¹. The validity of international legal enactments  

 

1. If the international legal enactments, recognized by the Republic of Tajikistan provide for a different licensing procedure or other types of licensed activities, these international legal enactments are applied.
2. Licenses obtained in foreign countries are recognized on the territory of the Republic of Tajikistan, under condition of existence of international legal enactments, recognized by the Republic of Tajikistan, wherein provided for these provisions.

 

 Article 18².  Issuance of a license on the basis of competitive tender

 

Licence to carry out activities in the field of electric couple and activities on subsurface use may be issued on the basis of competitive tender. Procedure for holding a competitive tender is established by the Government of the Republic of Tajikistan.

Article 18³. Issuance of a license on the terms and pursuant to the conditions set out in the agreement about production sharing 

 

A license to carry out activities drawing from a production sharing agreement between the state and the investor shall be issued without additional coordinations  upon the expiry of 30 days as from the date of signing the said agreement.

 

Article 19. Transitional provisions

1. Laws and other statutory and regulatory enactments, regulating licensing procedure, shall only be applicable to the extent that it does not contradict this Law.
2. Licensing of the types of activities not specified in Articles 17 and 18 shall be terminated from the day on which this Law enters into force.
3. Licenses issued prior to the entry into force of this Law shall be valid until the date indicated therein.

Article 20. Responsibility for violation of present Law

 

Individuals and legal entities, which have violated the provisions of this Law, bear responsibility as set forth by the present legislation of the Republic of Tajikistan.

 

Article 21. Introduction into effect  of this Law

The present  Law comes into force after its official publication. 

 

 

President of the Republic of Tajikistan

E. Rahmonov

Dushanbe, May 17, 2004, № 37