Regulation

on the specifics of licensing of certain types of activities (redrafted)

General part

Section 1.

 

General provisions

Chapter 1. General provisions

 

1. The present Regulation on the specifics of licensing of certain types of activities (hereinafter - the Regulation) has been developed in accordance with the requirements of the Law of the Republic of Tajikistan “On licensing of certain types of activities”.
2. The present Regulation shall govern the relations, associated with carrying out of activities (operations), subject to licensing by the relevant licensing body to obtain a license.
3. Licenses can be issued by the central or territorial structures of the licensing body, if such a provision is stipulated in particular conditions of this Regulation.
4. The license is signed by the head of the licensing body or his deputy, and certified by the seal of this body. Whenever a license is issued by structural subdivisions of the licensing body or its territorial structures, it is signed by the head of this structural subdivision or territorial structure and certified by the seal of this body.
5. Legal entities, regardless of organizational and legal status and individual entrepreneurs stating willingness to engage in certain types of activities subject to licensing, are required to obtain a license pursuant to the procedure established by this Regulation.
6. Carrying out of activities, subject to licensing without a license is forbidden.   
7. The right to carry out licensable activities for a legal entity or individual entrepreneur comes with the receipt of a license. A license issued to a legal entity or individual entrepreneur is a document that gives the right to engage in the type of activity specified in it.
8. The licensable type of activity specified in Articles 17 and 18 of the Law of the Republic of Tajikistan “On licensing of certain types of activities” may cover the types of work included in this primary activity. In particular conditions of the present Regulation, a specific list of these types of work may be provided.
9. One license is issued for each type of activity listed in Articles 17 and 18 of the Law of the Republic of Tajikistan “On licensing of certain types of activities”. If the licensed type of activity covers types of work, these types of work are indicated in the license. A separate license for the types of work included in the main activity is not required.
10. Foreign individuals and legal entities, as well as stateless persons, receive a license on the same conditions and in the same manner as individuals and legal entities of the Republic of Tajikistan, unless otherwise provided for by the legislation of the Republic of Tajikistan and the present Regulation. A foreign legal entity - a license applicant must have its own branch or representative office in the Republic of Tajikistan.
11. Licenses obtained in foreign countries are recognized on the territory of the Republic of Tajikistan under  terms of the reasonable international legal enactments as acknowledged by the Republic of Tajikistan

 

Chapter 2. Procedure for the introduction of licensable types of activities

 

1. Introduction of a new type of licensed activity or their cancellation by type of activity is established only by the Law of the Republic of Tajikistan “On licensing certain types of activities”
2. Individual standards, regulating separate matters associated with licensing and contained in other statutory and regulatory enactments should not conflict with provisions of the Law of the Republic of Tajikistan “On licensing of certain types of activities” and can only be applied after making appropriate amendments or additions to the Law of the Republic of Tajikistan “On licensing of certain types of activities”.
3. It is forbidden for the licensing body to independently determine additional types of permitting activities related to the type of activity during licensing, as well as to determine the type of requirement or conditions not provided for in this Regulation.

 

 Chapter 3. Document confirming the possession  of a license and the decision of its granting 

 

1. The decision of granting a license and a document confirming its possession shall indicate: the name of the licensing body:

-for a legal entity - name and legal form of organization, legal address;

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

-licensable  type of activity with the types of work (if the licensable  type of activity is divided into types of work);

-registration number, date and period  of  license validity;

-taxpayer identification number;

-licence number;

decision for granting of a license,

2. The form sheets of licenses are approved by the licensing body. The sheets of licenses must be produced typographically, have a degree of security, registration series and number. The sheets of licenses are the sensitive documents. Register and storage of the sheets of license is carried out by the licensing body.
3. Corrections in the sheets of licenses are not allowed. The damaged sheet of license is destroyed by drawing up an act.
4. In case of loss of the license, the licensee accrues a right to receive a duplicate of the license.
5. At the request of the licensing and tax authorities, the licensee is obliged to present a If the licensee has submitted an application for a duplicate, renewal or extension of the license, it is allowed to present a copy of the license.

Chapter 4. Validity of a licence

1. The type of activity for performance of which a license was issued can only be carried out by a legal entity or an individual entrepreneur that has received a license.
2. The activity for the performance of which a license is granted by the licensing body is carried out on the territory of the Republic of Tajikistan, except as otherwise provided by international legal enacments, recognized by the Republic of Tajikistan. 

3. In instances, eplicitly provided for by the legislation of the Republic of Tajikistan, the validity of a license may be extended only on a designated area of the Republic of Tajikistan.

Chapter 5. Licence requirements and conditions

1. One of the mandatory licensing requirements and conditions in the exercise of licensable type of activities by licensees is a statutory compliance of the Republic of Tajikistan, as well as the requirements provided for in this Regulation.
2. With regard to licensable type of activities, requiring special knowledge for their implementation, the general part of this Regulation may provide for eligible criterion to the license applicant and licensee, in particular, eligible criterion to the employees of a legal entity or citizens - individual entrepreneurs.
3. With regard to licensable type of activities, requiring special provision for their implementation, the licensing requirements and conditions established in the general part of this Regulation may include the requirements for adequacy with the said special provision of the facility in which or with the help of which such type of activity is carried out.

Note: In these Regulations, facilities are understood as buildings, structures, as well as technical equipment whereby the licensable type of activity is carried out. 

4. The list of licensing requirements and conditions for a specific licensable type of activities is indicated in a special part of this Regulation and is an integral part of the issued license (issued as an attachment to the license).
5. Licensing bodies, if necessary, verify on the spot the compliance with conditions of the activity with the statutory requirements.
6. Verification is carried out at the expense of funds allocated from the respective budgets for remuneration of the licensing body.

 

Chapter 6. Fee for consideration, granting, reissuance and renewal of the license

 

2. For consideration by the licensing body of an application for the grant of a license by types of activity specified in Article 17 of the Law of the Republic of Tajikistan “On licensing of certain types of activities”, fee is levied in the amount of four indicators for settlement. For consideration of an application by types of activity specified in Article 18 of the Law, fee is levied in the amount of ten indicators for settlement. 
3. For granting a license by types of activity specified in Article 17 of the Law of the Republic of Tajikistan “On licensing of certain types of activities”, fee is levied in the amount of ten indicators for settlement. The amount of levies for granting a license by types of activity specified in Article 18 of the Law of the Republic of Tajikistan “On licensing of certain types of activities” is provided for in section III of the special part of this Regulation.
4. In case of reissuance of the document, confirming the possession of a license, the fee is levied in the amount of two indicators for settlement.
5. In case of renewal of the license for the period for which the license was issued, the fee is levied as for granting the license.
6. The fee for application processing and grant of a license, as well as for the re-issuance of a document confirming the possession of a license or renewal of the license is executed by the licensee in cash or through a bank to the republican or local budget.Payment shall be made under the procedure of established in accordance with legislation of the Republic of Tajikistan.
7. The fee is levied for obtaining a duplicate of the license, in the amount of which is paid for the reissuance of the document confirming the possession of the license.
8. Licensing bodies are not entitled to levy other monetary payments from the license applicant.
9. Funding for licensing is carried out within the funds allocated from the respective budgets for the maintenance of licensing bodies.

 Chapter 7. Documents, required for obtaining a licence

 

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

- application for the grant of a licence with an indication of licensable type of activity, wherein the following information is mentioned:

- for a legal entity - the name of the form of incorporation, legal address, current account number and the name of the bank;

- for an individual entrepreneur - last name, first name, patronymic, place of residence, passport, number and date of receipt;

- the licensable  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;

- for a legal entity - copies of constituent documents and a copy of the certificate of state registration of the license applicant as a legal entity;

- for an individual entrepreneur - a copy of the certificate of state registration of a citizen as an individual entrepreneur;

- a copy of the certificate of registration of the license applicant with the tax authority;

- a document confirming the payment of the license fee for considering the application of the license applicant;

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

- date of submission of an application form and signature of the applicant.

2. Apart from documents referred, in particular conditions of the present Regulation may provide for the submission of other documents, the availability as may be necessary in the exercise of certain type of activity.
3. It is not allowed to require from the license applicant to submit documents not provided for by the Law of the Republic of Tajikistan “On licensing of certain types of activity” and the present Regulation.
4. The documents are submitted by the license applicant in Tajik or Russian. Documents submitted by foreign persons or submitted abroad must be certified in accordance with the procedure established by the statutory and regulatory enactments of the Republic of Tajikistan.
5. The application form is approved by the licensing body while meeting the requirements of the present Regulation.
6. The licensing body is obliged to equip an information stand and post a list of documents and their samples required for obtaining a license.
7. The license applicant is liable for the truthfulness of provided information and documents. The licensing body, if necessary, has the right to verify the truthfulness of information and documents submitted by the license applicant.
8. All documents submitted to the relevant licensing body for obtaining a license are accepted according to the list and a copy of the list with a mark on the date of receipt of the documents is sent (handed over) to the license applicant by the relevant authority.

 

Chapter 8. Decision for granting or refusal to issue a licence

1. The licensing body makes a decision on granting or refusal to issue a license within a period not exceeding thirty days as from the date of receipt of the application from the license applicant with all the necessary documents, including inspection of documents, carrying out expert, examinations and other necessary actions.
2. Pendency of an application and issuance of a license is carried out by the commission, except as otherwise provided in the special part of the present Regulation. The composition of the commission is approved by the order of the head of the licensing body. On the commission may include representatives of other interested ministries, departments and organizations. The Regulation of the commission is approved by the licensing body.
3. The date and place of holding session of the commission of the licensing body must be announced in advance. The license applicant or his/her authorized representative has the right to take part in the session of the commission of the licensing body. Failure of these persons to appear at the session is not a ground for refusal to issue a license.
4. The licensing body shall be obliged to notify the license applicant in writing of the decision taken within the time period provided for the decision to issue a license or refuse it.
5. A notification on the issuance of a license is sent (handed over) to the license applicant in writing, indicating the bank account details and the payment time limit of the license fee for issuing the license.
6. A notice of refusal to issue a license shall be sent (handed over) to the license applicant in writing, indicating the reasons for the refusal.
7. Within three days after the submission of a document confirming the payment of the license fee for granting of a license, the licensing body shall issue the licensee free of charge a document confirming the possession of a license.
8. Resolution of the licensing body is formalized by an appropriate act and kept in its files. At the request of the applicant or his authorized representative, an extract from the proper protocol or a copy of the act is provided at no cost.

 

Chapter 9. Refusal to issue licence

1. The foundation of refusal of a license is:

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

- discrepency of the license applicant, objects belonging to him or used by him, licensing requirements and conditions;

-  negative opinion of the relevant authority on the required type of activity.

2. In the event that, within a month from the date of receipt of the notification of the non-issuance of a license, the license applicant has removed the obstacles specified in paragraphs of the first and second of clause 1 of this chapter, the application is considered on a general basis without re-payment. In case of refusal to issue a license, the fee for the consideration of the application is not refunded to the license applicant.
3. Refusal to issue a license on the basis of the amount of products (works, services) produced (feasible) or planned for production (execution) by the license applicant is not allowed.
4. It is prohibited to refuse to issue a license on other grounds not provided for by the Law of the Republic of Tajikistan «On licensing certain types of activities» and this Regulation.
5. The license applicant has the right to appeal against the refusal to grant a license or the inaction of the licensing body in court.

Chapter 10. Re-issue of a document confirming the possession of a license

1. In the event of reconstrucrion of a legal entity, a change in its name or place of location, or a change in the name or place of residence of an individual entrepreneur, the licensee - a legal entity (its successor) or an individual entrepreneur must, no later than fifteen days later, submit an application for re-issue of a document confirming the possession of a license, with the attachment of documents confirming the specified changes.
2. When re-issuing a document confirming the possession of a license, the licensing body makes the appropriate changes to the register of licenses.
3. Re-issuance of a license is carried out by the licensing body within ten days from the date of receipt of the relevant application.
4. Before re-issuing and obtaining a license on hand, the licensee can carry out activities on the basis of a copy of the previously obtained license.
5. For the re-issue of the license, extraordinary verification, examinations and expert operation of the licensee are not carried out.
6. It is prohibited to demand from the licensee to re-issue licenses on other grounds not provided for in this chapter.
7. The licensee has a right to appeal through the courts against refusal in re-issue of a license.

Chapter 11. Renewal of a license

1. The period of validity of a licence in case of termination may be extended at the request of the licensee.
2. Renewal of a license is carried out in the manner of re-issue of a document confirming the possession  of a license and for a certain  period provided for by the Law of the Republic of Tajikistan “On licensing of certain types of activities” for given type of activity.
3. The licensee has a right to appeal through the courts against renewal  of a license.

 

Chapter 12. Suspension, cancellation and termination of the license

1. Suspension of a license is allowed in the following cases:

- non-compliance with license requirements and conditions;

- transfer of the license to another individual  or legal entity; 

- output or sale of  defective goods, provision of substandard services;

- non-compliance with other requirements of statutory and regulatory legal enactments.

2. The licensing body has the right to suspend the validity of a license in case of multiple (two or more times) violations or gross violation by the licensee of the 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.
3. 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.
4. All decisions concerning the suspension of the license or its cancellation are considered at the session of the licensing body subject to invitation of the licensee (his representative). The licensee must be notified in advance in writing no later than 10 days before the start of the meeting by the licensing body. If the duly notified licensee (his representative) fails to appear without a valid reason, decisions may be made without his participation.
5. The decision to suspend the license shall be brought to the attention of the licensee by the licensing body in writing with a reasoned justification no later than three days from the date of such decision.
6. 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.
7. 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.
8. 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.
9. 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 event that the licensee did not eliminate the violation of licensing conditions and requirements within the time frame established by the licensing body. 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.
10. Licensing bodies may revoke a license in default of payment by the licensee within fifteen days of license fee for granting of a license.
11. Information on the suspension, revalidation of the license and its cancellation shall be sent by the licensing body to tax authority for the locality where the licensee is registered and, if necessary, communicated by it to the relevant control and supervisory authorities.
12. The decision of suspension of a license and of revocation of license may be appealed against through judicial procedures.
13. 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.

 

Chapter 13. Register of licences

 

1. Register of licenses - a set of information on the issuance of a license, reissuance of documents confirming the possession of a license, suspension and renewal of a license, cancellation and termination of its validity. The register form is confirmed by the licensing body.
2. The licensing body compiles a register of licenses for the types of activities that carry out licensing. A separate type of register is drawn up for each type of licensed activity. In the event that a license is issued to the local structures of the licensing body, information for entry into the register is immediately sent to the licensing body.
3. The information contained in Articles 9 and 15 of the Law of the Republic of Tajikistan “On licensing of certain types of activities”, as well as other information of this Regulation shall be entered into the register of licenses.
4. Information in the register of licenses is open for acquaintance with individuals and legal entities. The mass media can publish available information in the license register.
5. Information contained in the register of licenses about a specific licensee in the form of an extract is issued to individuals and legal entities with payment of the amount. The amount paid for the provision of information is one minimum national living wage and is transferred to the state budget.
6. Information from the register of licenses is issued to the state body free of charge.
7. The period for issuing information from the register of licenses after the adoption of the relevant application should not exceed three days.
8. 8. The formality of introduction of amendments to the register of licenses should not exceed three days after the relevant decision is made by the licensing body.
9. The register of licenses is compiled in chronological order according to the date of registration of the license and the assignment of a state number to it.

The management personnel of the licensing body is responsible for:

- for the timely and correct entry of the register of licenses;

- for the timely provision of information from the register of licenses to interested parties in accordance with their applications.

11. Information from the register of licenses, as well as documents submitted on the basis of licenses, is kept in the files of the licensing body for five years and shall be transferred to the archive in accordance with the established procedure.

 

Chapter 14. Power and authority of the licensing bodies and verification 

 

1. The licensing bodies implements the following power and authority:

- grant of license;

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

- renewal of a license;

- suspension of a license;

- revalidation of a license;

- cancellation of the license (in cases provided for in Article 14 of the Law of the Republic of Tajikistan “On licensing of certain types of activities”);

- keeping of a register of a license;

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

2. Supervision over observance of the licensee with the license requirements and conditions is carried out by the licensing body within the limits of its competence.
3. The licensing body, within the limits of its competence, has the right to veirfy the activities of the licensee with a view to its compliance with the licensing requirements and conditions. Verification must be carried out in accordance with the requirements of the Law of the Republic of Tajikistan “On audit of activities of economic entities.”
4. Public supervisory and regulatory bodies, as well as other public authorities within their competence, when revealing the violations of licensing requirements and conditions, are obliged to inform the licensing body about violations revealed and the measures assumed.

 

Chapter 15. Responsibility for violation of licensing legislation

 

1. Reimbursement of losses of the licensee caused by an unjustified refusal to issue a license or violation of the rights and interests of the licensee shall be carried out in accordance with the procedure established by the legislation of the Republic of Tajikistan.
2. Engaging in activities without an appropriate license or in violation of licensing requirements and conditions entails administrative and criminal liability established by the legislation of the Republic of Tajikistan.

 

Chapter 16-47[1].

Chapter 48. Features of licensing of the activities in the field of education

1. Licensable activities: activities in the field of education (with the exception of state preschool educational and general education (primary, general basic and general secondary) institutions.
2. Licensing body: - Ministry of education of the Republic of Tajikistan;

- The Ministry of  health of the Republic of Tajikistan, together with the Ministry of education of the Republic of Tajikistan in the field of medical and pharmaceutical education.

3. Licensing of educational organizations and institutions of independent lyceums, gymnasiums, boarding schools, colleges, schools of republican significance, higher educational institutions (bachelor and master degrees) and secondary vocational, postgraduate (residency), doctoral studies, school for advanced studies of personnel, technical lyceums, professional schools, research and academic organizations and institutions, joint international educational organizations and institutions created by foreign citizens are carried out by the attestation body of educational institutions under the Ministry of education of the Republic of Tajikistan.
4. Licensing of the activities of higher educational institutions of foreign states is carried out in accordance with the legislation of the Republic of Tajikistan and international legal enacments recognized by the Republic of Tajikistan.
5. Licensing of non-state preschool organizations and institutions, centers of out-of-school educational work, boarding schools, lyceums and gymnasiums and other educational organizations and institutions created on the territory of the region, city and district (with the exception of the organization and institution specified in paragraph 3), respectively, is carried out by the department or the units of education of the region, city and district.
6. A license for the right to conduct educational work only in this area, specialty, qualifications, and terms, program mode, the total number of students and other indicators are indicated in the appendix to it.
7. The license is not issued for the following types of work:

- educational activities in the form of one-time lectures, internships, seminars and other types of training, in which final attestation  and the issuance of documents on education and qualifications are not carried out;

- individual labor activity of teachers, including in the field of vocational training.

8. Licensing of educational activities of religious education organizations (engaged in theological education) and created by religious organizations (associations) is carried out by the appropriate licensing body, depending on the degree of implementation of educational programs.
9. There is an appendix to the license for the right to conduct educational activities, which indicates:

-  the name of the curriculum, fields and preparatory qualifications upon which the right to conduct educational activities, the degree and normative period  of mastery is issued;

- a qualification degree, which is issued after the completion of the curriculum to graduates of an educational organization;

- control standards and the final number of pupils, students, listeners and pupils, agreed with the norms of full-time study.

8. Additional documents for issuing of a license:

- a statement indicating the names of curriculum, fields and preparatory qualifications;

- institutions and other educational organizations of vocational training, providing a copy of the decision of the scientific (pedagogical) council on the possibility of training specialists in the basic and additional curriculum for obtaining a license; professional religious educational institutions (engaged in theological education) and educational organizations of formed religious organizations submit an application from the leadership of religious movements;

- institutions and other organizations, which include educational structures (groups) and train professional specialists, in the prescribed manner in the form of an attachment of a copy of the approved provisions of these structures (groups);

- information about the structure of institutions and other licensing organizations, staffing table, the approximate number of students and schoolchildren;

- information about buildings, objects of physical education and sports, elementary  military training, dormitories, on the provision of schoolchildren, students and employees with food and medical services for the provision of supporting documents on the ownership, use or alienation of the building over the period of validity of the license;

- a positive conclusion of the sanitary-epidemiological and fire department on the suitability of the building used for the educational process;

- information on the provision of educational subjects and material and technical equipment;

- information about the staffing of the process of educational, the scholastic  degree of pedagogical employees  and the conditions for their employment  (for license applicants which aimed  to train personnel after professional higher education, information about academic advisors);

- agreement and decision of the public administration body for education of the state forming the higher educational institution and the state in which the branch of the given higher educational institution is organized (for branches of higher educational institutions of the CIS member states);

- curricula and programs that implement a professional curriculum for them;

a positive opinion of the authorized body for professional religious organizations (engaged in theological training) created by religious organizations;

9. To obtain a license for secondary, higher, supplementary vocational education of educational institutions and organizations exploiting technology of  distance teaching, apart from the names of the documents mentioned  in clause 10, the following documents must be submitted:

- general information about educational institutions and other organizations, branches and their representative offices;

- curricula and syllabi upon which distance teaching programs are conducted;

- information on the provision of state-of-the-art IT solutions;

- информация о предоставлении специальных лабораторий, аудиторий, кабинетов, базовой полиграфии.

- information on delivery of special laboratories, lecture halls, classrooms, basic printing production.

14. The licensing commission analyzes the submitted documents and diagnoses on the spot the material and technical, personnel, scientific, scientific and methodological base, financial possibilities, provision of literature, staff training programs, preparation of educational institutions and other organizations for the admission of schoolchildren and students.
15. The Licensing commission analyzes the main areas of activity of educational institutions and other organizations of the license applicant and determines their compliance with the current norms and on the basis of which it gives an opinion (positive or negative) to the attestation body of educational institutions under the Ministry of education of the Republic of Tajikistan or to education departments (units) of the region, city, district.
16. The decision to issue or refuse to issue a license by the licensing body is made on the basis of the conclusion of the licensing commission and the decision of the Council of the body for attestation of educational institutions under the Ministry of education of the Republic of Tajikistan, departments (units) of education of the region, city and district. 
17. The decision of the body for attestation of educational institutions under the Ministry of education of the Republic of Tajikistan and the draft order on the issuance of a license are sent to the Minister of education of the Republic of Tajikistan, the decision of the Council of the body for attestation of educational institutions under the Ministry of education of the Republic of Tajikistan and education departments (units) of the region, city and district, respectively, to the head of the department, to the head of the unit of education.
18. Licensing of the activities of educational institutions and other organizations is carried out according to the new curriculum, regardless of the previously issued license for the right to conduct educational activities in other educational programs. In this case, the licensee provides an application and documents from among the documents provided for in paragraph 10 of this chapter, in which their names are determined by the licensing body.

The name of the new curriculum is assigned to the application of the current license.

  19. The licensing body has the right to suspend, in whole or in part, the validity of a license for certain programs for the implementation of learning activities specified in the annex to the license.

Approved by

by a Decision of the Government of the Republic of Tajikistan

dated March 3, 2007, №105