Questions and answers

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Кумитаи давлатии сармоягузори

There are no translations available.

Макомоти пешбаранда дар сохаи танзими низоми ичозатдихи.

 

What is a business license?

It is a special permission for carrying out a certain type of activity in strict observation of licensing requirements and terms, issued to a legal entity or individual entrepreneur by a licensing authority. Activity subject to licensing is an activity for which it is required to get a license in accordance with the Law of the Republic of Tajikistan “On licensing of certain types of activities” in order to carry a particular activity out on the territory of the Republic of Tajikistan.

The licensing process is connected with granting of licenses, drawing up the documents which confirm the granted licenses, suspension and renewal of licenses, cancellation of licenses and supervision by licensing authorities the observance of appropriate licensing requirements and terms by licensees when they carry out activities required to be licensed.

Individual entrepreneurs and legal entities that submit an application for obtaining a license to carry out a specific activity, should receive the license in accordance with the Law of the Republic of Tajikistan “On licensing of certain types of activities”.

 

What types of business activities are subject to licensing?

Activities required to be licensed are those which can result in aggrieving the rights, legal interests, health of citizens, security and safety of the state, the cultural inheritance of the people of Tajikistan and the regulation of which cannot be done by any other methods except licensing.

The type of activity, for which the license is granted, can be fulfilled only by the legal entity or individual entrepreneur who obtained the license. The issued license by the licensing authority is valid all over the Republic of Tajikistan. (except exclusive cases)

 

What are the main principles of licensing?

The main licensing principles are the following:
1. Provide uniformity of economic range on the territory of the Republic of Tajikistan and the uniform process of licensing on the territory of the Republic of Tajikistan
2. Establish a list of activities subject to licensing and licensing requirements and terms by the Provision on the peculiarities of licensing the certain types of activities.
3. Transparency and publicity of licensing and observation of legality in the licensing process

 

What types of documents confirm the presence of a license?

Document, confirming the presence of a license are the following:
1. Name of the licensing body
2. a)Name and the legal form, registered address and the location - for legal entity
b) Full name, place of residence, and a document that confirms the personality - for individual entrepreneur
3. Type of activity
4. Registration number, date and validity term of the license
5. Identification number of a tax payer
6. Number of license
7. Date of the decision for granting the license

 

What should a licensee do, if the business license document is stolen or lost?

If the document confirming the license is stolen or lost, individual entrepreneur or legal entity that holds that license has a right to obtain a duplicate copy of that license from the license issuing authority.

 

Is the licensee obliged to present the document confirming the license on the request of the licensing authority or tax committee?

Yes, on the request of the licensing authority or tax committee representative, the licensee is obliged to present the document confirming the license. If the licensee is in the process of renewing the license or in the process of obtaining a duplicate copy of the license, old or in-hand copy of the license can be presented to the representative of the license issuing authority or tax committee.

 

Who can carry out the type of activity for which the license is granted?

The type of activity, for which the license is granted for, can be fulfilled only by the legal entity or individual entrepreneur who obtained the license. The validity of the license is spread all over the territory of Republic of Tajikistan.

In cases directly foreseen by the legislation of the Republic of Tajikistan, the license is considered to be valid only in a certain areas of the Republic of Tajikistan.

 

What are the requirements for obtaining a license?

1. The licensee, while performing the type of activity for which the license has been granted, should act in accordance with Tajikistan’s legislation framework
2. For carrying out types of activities that require special knowledge and skills, the prove of required special knowledge or skills should be requested from applicant side
3. If there is a need, licensing authority can organize inspections of the licensee’s activity for a subject of its correspondence with licensing terms and requirements
4. Organized inspections should be financed by allocated capital from budgets designated for license issuing authorities

 

What is the fee charged for reviewing the application by the license issuing authority?

For reviewing applications for types of activities foreseen in article 17 of the Law of the Republic of Tajikistan “On licensing of certain types of activities” licensing authority charges a fee equal to 4 indicators for accounts.

For reviewing applications for types of activities foreseen in article 18 of the Law of the Republic of Tajikistan “On licensing of certain types of activities” licensing authority charges a fee equal to 10 indicators for accounts. Above mentioned fees are non-refundable.

 

What is the fee charged for granting a license by the license issuing authority?

For granting a license for types of activities foreseen in article 17 of the Law of the Republic of Tajikistan “On licensing of certain types of activities” licensing authority charges a fee equal to 10 indicators for accounts.

The fee for granting a license for types of activities foreseen in article 18 of the Law of the Republic of Tajikistan “On licensing of certain types of activities”, is determined by the Government of the Republic of Tajikistan.

 

What is the fee charged for the renewal of the document confirming the existence of the license?

For the renewal of the document confirming the existence of the license, a fee equal to 2 indicators for accounts is charged.

 

What is the fee charged for the extension or reduction of the license validity period?

For the extension of the license validity period, the license applicant is charged a fee equal to the license granting fee. In the case of reduction of the duration of the license, as specified in Paragraph 1, Article 8 of the Law of the Republic of Tajikistan “On licensing certain types of activities”, the amount of fee is reduced with accordance to the license period.

 

What is the fee charged for obtaining a duplicate copy of the license?

To obtain a duplicate copy of the license, the fee as for the renewal of the document confirming the existence of the license is charged.

Licensing authorities have no right to charge the license applicant payments not covered by the Law of the Republic of Tajikistan "On licensing certain types of activities” and the Provision on the peculiarities of licensing of certain types of activities.

 

What types of documents required for obtaining a license?

The following documents should be provided by the applicant to the appropriate licensing authority for obtaining a license:
1. Application letter for obtaining a license indicating the type of activity:
a) for a legal entity – name and legal form, registered address and location, bank account number
b) for an individual entrepreneur – full name, place of residence, passport, passport number and date of issuance
c) Applicant should mention for what term the license is needed
2. The type of activity which the individual entrepreneur and legal entity are intended to carry out and the term needed to fulfill intended type of activity.
3. Copy of a certificate of the state registration of the citizen as an individual entrepreneur - for individual entrepreneurs
4. Copy of registration certificate of the applicant in tax department
5. Receipt that confirms the payment of the fee to the licensing authority for considering the request for a license
6. Information on qualification of applicant’s employees

Besides the above mentioned documents other documents, which confirm that the license applicant qualifies to the established terms and requirements, other documents may also be foreseen by the Provision on the peculiarities of licensing of certain types of activities.

All the documents presented to the appropriate licensing authority for granting a license are accepted as per the list, the copy of which is forwarded (handed) to the license applicant with a mark of receipt date made by the licensing authority.

It is not allowed to demand from the applicant the documents not foreseen by the Law of the Republic of Tajikistan “On licensing of certain types of activities” and the Provision on the peculiarities of licensing of certain types of activities.

 

In what language(s) the applicant may submit documents for obtaining a license?

Documents may be submitted in Tajik and Russian languages. Documents submitted by foreign individuals or submitted from abroad, must be certified in the manner prescribed by rules and regulations of the Republic of Tajikistan.

 

What is the timeframe for deciding on granting or refusing to grant a license?

Licensing authority takes a decision to grant or refuse a license within a period not exceeding 30 days from the date of receiving the application for the license with all necessary documents, including the review of documents, assessments, inspections and other necessary actions.

The consideration of the application and the issuance of the license are carried out by the commission (team of experts). Date and the place of the meeting of the commission of licensing authority must be announced in advance. The license applicant or his authorized representative has the right to participate at the meeting. Absence of the applicant or his authorized representative at the meeting shall not be the ground for denial of the license.

 

In what form the notice on granting or refusal of the license is presented to the applicant?

Notification for granting the license is sent (delivered) to the license applicant in written form with details of the bank account and terms of payment of fee for obtaining the license.

Notification for the refusal to grant the license is sent (delivered) to the license applicant in written form, specifying reasons for refusal.

Within 3 days following the submission of the document confirming the payment of fee for granting the license, the licensing authority free of charge issues the licensee a document confirming the existence of the license.

Decision of the licensing authority is issued with a corresponding act and stored in its materials. At the request of the applicant or his authorized representative, free of charge the applicant is provided with a copy of the act.

 

in-what-form-the-notice-on-granting-or-refusal-of-the-license-is-presented-to-the-applicant

Хабарнома дар бораи надодани иҷозатнома ба довталаби иҷозатнома бо нишон додани сабабҳои радкунӣ фиристонида (супорида) мешавад.

 

What grounds are set for the refusal of the license?

Reasons for refusing to grant the license are the following:
a) Presence of misleading or distorted information in the documents submitted by the license applicant
b) License applicant, facilities that belong to him/her or used by him/her do not meet licensing requirements and conditions
c) A negative conclusion of the appropriate body regarding the type of activity intended to execute

If the license applicant removes above mentioned obstacles within one month after receiving the notification for the refusal of the license, the application is considered on common bases without a repayment of the fee. In case of the refusal to grant the license, the application fee is not refunded to the license applicant.

 

What procedure is established for the renewal of the document confirming the existence of the license?

In the case of change in the status of the legal entity, change in its name or its location, or change in the name or residential address of the individual entrepreneur, the licensee - a legal entity (its successor) or an individual entrepreneur shall, no later than fifteen days, apply for reissuance of the document confirming the existence of the license, accompanied by documents confirming the changes.

Reissuance of the license by the licensing authority is carried out within 10 days of receiving the request. The process of the license renewal shall not include any unexpected inspections and assessments by the licensing authority. Before obtaining a new license, the licensee may operate on the basis of previously received copy of the license.

 

Мақомоти иҷозатномадиҳанда иҷозатномаро дар мӯҳлати чанд рӯз ба расмият медарорад?

There are no translations available.

Аз нав ба расмият даровардани иҷозатнома аз тарафи мақомоти иҷозатномадиҳанда дар давоми даҳ рӯз аз рӯзи ворид гардидани аризаи дахлдор анҷом дода мешавад. То аз нав ба расмият даровардан ва гирифтани иҷозатнома иҷозатномадор метавонад фаъолиятро дар асоси нусхаи иҷозатномаи пештар гирифташуда анҷом диҳад. Ҳангоми азнавбарасмиятдарории иҷозатнома санҷиши ғайринавбатӣ, муоина, экспертиза гузаронида намешаванд. Иҷозатномадор ҳақ дорад дар сурати рад гардидани азнавбарасмиятдарории иҷозатнома ба суд шикоят намояд.

 

Is it possible to extend the validity period of a license?

Validity period of a license, in the case of its expiration, may be extended upon the request of the licensee. To extend the validity period of a license, the document confirming the existence of a license is renewed and the new term is stipulated according to the Law of the Republic of Tajikistan “On licensing of certain types of activities”. In the case of refusal, licensee has a right to appeal to the court.

 

In what cases, the licensing authority may suspend, cancel or terminate the validity or legality of a license?

The license may be suspended if the following are revealed :
a) non-compliance with licensing requirements and conditions
b) transfer of the license to another person or entity
c) release or sale of defective goods, and offer of substandard services
d) failure to comply with other requirements of regulations of the Republic of Tajikistan

The licensing authority has a right to suspend the license validity if violations or serious infringements of terms and requirements of the license are revealed. Suspension of the license can also take place (only in exclusive cases) to prevent an immediate threat to the life or health of people, techno-genetic accident and harms to the environment, only if the mentioned circumstances cannot be prevented by other means.

The licensing authority is obliged to finalize the term of removing the infringements which cause the suspension of the license validity. The appointed term should not exceed three months. If the licensee doesn’t remove the revealed infringements in determined period, the licensing authority is obliged to apply to the court for the cancellation of the license.

The licensee is obliged to notify the licensing authority about the removed infringements which resulted in cancellation of the license, in written form. The licensing authority which suspended the license takes the decision to renew it or not and informs the licensee in written form within three days after receiving the required notification on the conducted inspection of licensee’s claim for removing the revealed infringements. The licensing authority can cancel the license if the licensee doesn’t pay the fee for obtaining the license within fifteen days.

The license can be cancelled by the court resolution on the basis of licensing authority’s claim regarding discovered infringements of terms and requirements of the license by the licensee that resulted in violation of the rights and legal interests of stakeholders, damage to the health of citizens, security and safety of state, cultural inheritance of people of Tajikistan. While applying to the court the licensing authority has a right to suspend the license until the court resolution is in force.

The license is terminated in the event of liquidation of legal entity or termination of validity of the certificate of state registration of a person as an individual entrepreneur, coming into force the court decision on the cancellation of the license, expiration of the license and upon written request of the licensee to terminate the license.

 

What are the authorities of licensing bodies?

Licensing bodies fulfill the following:
a) Grant the license
b) Draw up the documents which confirm the granted license
c) Prolong the license
d) Suspend the license
e) Renew the license
f) Cancel the license (in cases foreseen in article 14 of the law of the Republic of Tajikistan)
g) Keep the license register
h) Monitor the fulfillment of license requirements and terms by licensee

 

Has the licensing authority a right to conduct inspections of the licensee’s activities?

The licensing authority within its jurisdictions has a right to conduct inspections of the licensee’s activities for the compliance with licensing requirements and conditions. Inspections should be carried out in accordance with requirements of the Law of the Republic of Tajikistan "On inspections of business entities.”