* Republished under the Law No. 153 of 01.07.2016 Art.XIV - Official Gazette of the Republic of Moldova, 2016, no. 215-216, art. 475.
amended by laws of the Republic of Moldova: the LP153
01.07.16, MO215-216 / 19.07.16 art.475;
19.07.16 LP218 effect from 03.12.15, MO361-369 / 12.31.15 art.679;
01.31.16 LP321 effect from 12.23.13, MO27-34 / 02.07.14 article 67;
08.07.14 LP324 effect from 12.23.13, MO320-321 / 12.31.13 art.871;
01.01.14 LP42 effect from 03.21.13, MO75-81 / 237
12.04.13 from 03.21.13 LP41, MO75-81 /
04.12.13 LP318 Article 235 of 27.12. 12 MO49-55 / 152
08.03.13 from 12.13.12 LP101, MO10-14 / 41
18.01.13 LP241 from 2/11/12, MO242-244 / 23.11.12 art.777
LP33 from 06/05/12, MO99-102 /
25.05.12 LP120 330 of 25.05.12, MO103 / 05.29.12 art.353;
01.10.12 LP267 effect from 23.12.11, MO13-14 / 01.13.12 article 32;
01.13.12 LP175 effect from 07.28.11, MO139-145 / 26.08.11 art.440
Parliament adopts this organic law.
Article 1. The purpose and objectives of the Law
(1) The purpose of this law is to create the appropriate legal conduct trade activities by developing the distribution network of commercial products and services while respecting free competition, protection of life, health, safety and economic interests consumers.
(2) This law establishes general principles of activities of commerce in Moldova.
(3) This law envisages the following objectives:
a) stimulating the activity of marketing products and services;
B) encourage free enterprise, ensuring fair competition and free movement of goods and commercial services;
C) that the highest consumer needs for various products and services, food security and consumption;
D) fostering the development of small and medium enterprises;
E) improving the institutional framework governing activities in trade;
F) creation of a mechanism of interaction between central and local public administration in trade;
G) modernization and development of forms of distribution of goods and the provision of commercial services;
H) simplified procedures for launching commercial activities;
I) coordinate the functions of state institutions to supervise trade.
Article 2. Scope (1) This Law regulates activities in the field of internal trade, sets out the main requirements for such activities, forms of conducting trade competences of specialized central government and administration authorities local trade.
(2) Under this law, trade activities with food, non-food and services are defined according to the Classification of Economic Activities of Moldova (CAEM) and are presented in Appendix.
1. Article 3. Definitions In this law, the terms used signify the following:
trade activity - entrepreneurial activity initiated through relationships established in the sale of goods produced, processed or purchased, and the execution of various works and provision of services, aimed at meeting the private economic interests and provide a source of income;
Commercial service - activities offered during the act of sale (provision) that provide benefits and consumer satisfaction without entailing a physical exchange in the form of material goods;
Retailer - natural or legal person engaged in trade;
Small trader - who performs a commercial activity without state registration, except patent holders;
"Single window" - the procedure by which local government authority verifies the authenticity of the data indicated in the notice initiating merchant trade activity and / or deliver notification and documents filed by the specialized authorities for approval or obtaining of permits issued these on-line without involving the trader;
Wholesale - activities of traders who buy resale of their products in order to other traders or professional users (farmers, industrialists, service providers, craftsmen);
Retail - activity of the traders who sell products directly to consumers for their personal use (final consumption);
Cash and carry trade - trade as self-service access based on the ticket; activity of the traders who sell goods through the system of self by legal persons, by individual entrepreneurs, including farms, patent holders, persons performing professional services under the law and by individuals registered in the database of vehicles in order resale and / or processing, and use them as consumables, preserving price regime differentiated wholesale / retail;
Peddler - retail activity performed by passing from one place to another through mobile units;
Business unit - unit (space) occurring processes in operative movement of goods / services (collection, storage and sale). Commercial unit may be identified by individual postal address;
Catering unit - selling commercial unit or place where services are provided training, preparation, presentation, marketing and serving food, ceremonies and celebrations service and related leisure activities are carried out these services. Mentioned services can be provided within the unit or outside catering;
Place of sale - land or area within a room where there is selling goods and services through:
a) mobile units;
B) construction and construction elements placed provisionally under fairs, fairs, cultural, tourist, sporting and similar events;
C) perimeter within which occurs peddling without mobile unit.
Place of sale can not be identified by individual postal address;
Mobile units - mobile stands, stalls, stands, counters, carts, appliances, automated sales, autoremorci, mobile caravans, vehicles / automagazine or other equipment specially designed for mobile commerce;
Informational resource in trade - state information resource created and managed by the Government, which contains data on commercial establishments and places of sale and allows interaction with other local authorities state information resources and public authorities on the relations related to trade;
Surface stock (commercial area) - designated area for buying consumer access to product / service for displaying products offered for paying them and the movement of staff employed for the activity. Is not selling areas for reception areas, storage, processing and preservation or production of goods and those for offices and annexes;
Price indicator - information carrier (paper, cardboard, plastic, etc.) on the cost, quantity and quality of the product and reflecting various characteristics thereof;
Stock price - the price of one unit of final product, or a quantity of the product, including VAT and all other taxes;
Unit price - the final price, including VAT and all other taxes, per unit of measurement of quantitative single unit of product or product that is used in the marketing of specific products;
Products sold in bulk - products that are not pre-packaged and are measured in the presence of buyers;
Easily perishable foodstuff - foodstuff of agricultural origin is not preserved by sterilization, dehydration, freezing or smoking and is likely after a short time as the deadline for consumption to present immediate danger to the health of the consumer;
Purchase control - action in a controlled study conducted by the inspector Agency for Consumer Protection, which consists in making a purchase products / services with full payment of prices / tariffs to verify rules and regulations for the marketing of products and services. By legitimizing inspector, purchased products are returned by value.
Chapter IIPOLITICA STATE TRADE
Article 4. Regulation
trading activities of state regulation of trade activities include:
a) - repealed;
B) conformity assessment of products and services;
C) trade certification;
D) monitoring trading activities (creation and management information resource in trade);
E) establish rules for the conduct of trade;
F) restricting or prohibiting the marketing of goods and services as required by law;
G) ensure the development of trade activities;
H) the mechanism for pricing / tariffs on products / services of social importance;
I) promoting local goods;
J) state control over commerce activities;
K) of consumers by persons engaged in trade and the general public against misleading advertising ban advertising for certain goods and services that are contrary to morality.
Article 5. central public administration authorities
with responsibility for trade
(1) central public administration authorities ensure the harmonious development of trade infrastructure and means of product distribution and business services, providing equal conditions for all traders, regardless of the type of property and legal organization.
(11) Rules of work trade, including sanitary, veterinary, food safety and consumer rights approved by the Government.
(2) The Ministry of Economy is the central body of public administration responsible for state policy in the field of trade and regulate this area. The main tasks of the Ministry of Economy in the field of trade activities are:
a) drafting legislation to improve domestic trade legislation;
B) development of state programs and development strategies trading activities;
C) promotion of state policy in the sale of goods and services;
D) formulating proposals on trade activities and create favorable conditions for production and marketing of goods and services;
E) the coordination of central bodies of public administration and local authorities in domestic trade;
F) develop and submit measures to protect the internal market;
G) monitors through informational resource in trade, trade activity in the territory of the municipality;
H) examining individuals and legal opinions for the development of trade relations;
I) submission of proposals on optimizing functions of state bodies empowered with control functions in trade;
J) initiating, organizing and conducting republican fairs and exhibitions;
K) organizing seminars, roundtables, etc. trainningurilor for training and retraining of trade, informing the population on issues related to trade.
(3) Consumer Protection Agency:
a) coordinate and implement state consumer protection strategy;
B) participate in drafting laws on rules of conduct trading activities;
C) launches proposals for removal from the production / stop the import and sale of products / services which harm consumers' health and harm the state;
D) organize training courses for the staff involved in marketing products and services;
E) perform state control on compliance with rules and regulations of activities of commerce, including through control your shopping.
(4) control bodies develop, issue and update periodically (or amendments to existing legislation in order to improve) containing informative guides in plain language, the requirements that must be met in the conduct of traders trade. Authorities Control ensure the publication of guidelines on their official websites and the general public access to them. Article 6. Powers administration authorities
(1) trade activities are carried out in the territory administered and coordinated by local government authorities in accordance with national regulations. The said authorities shall exercise the following powers:
a) ensure the implementation of state policy in the field of trade in the territory within functional skills;
B) develop and implement trade development programs in the territory;
C) participate in the review of draft legal acts regulating commerce activities;
D) contribute to strengthening commodity resources to ensure a permanent trade with an assortment meet minimum daily requirements of consumers in the territory;
E) ensure the implementation of the principle of "single window" to verify the data indicated in notices filed by traders;
F) - repealed;
G) determine the units characteristics that sell products and services, according to the Nomenclature of commercial establishments approved by the Government;
H) promote the development of small and medium enterprises active in trade in order to increase the employment of the workforce;
I) authorize the conduct of trade in public areas, organizes fairs and fairs;
J) take action to protect the rights of consumers within their competence;
K) coordinate decentralized territorial structures on trade;
L) perform surveillance in the area of trade activity under the legislation;
M) suspend their business unit and submit to the court request to cease the activity business unit;
N) establish, under the regulation of activities of commerce in that locality, prohibitions and requirements for conducting trade activity under par. (5);
O) organizes trainings, seminars and workshops for staff training and improvement in the trade.
(2) Structures economic profile of the local authorities submit to the Ministry of Economy, periodically and upon request, information on trade activities carried out in the territory.
(3) The development of territorial strategies in trade, local government authorities shall consult with professional associations, consumer associations, business associations, regional representatives of the Chamber of Commerce and Industry and other interested persons.
(4) In order to promote and protect trade activities carried out in the suburbs and in disadvantaged rural areas, local government authorities may grant special privileges under the powers. To conduct trade activities in tourist areas or those with architectural value, local government authorities may provide facilities, as required by law, investors who contribute on their own to rehabilitate those areas.
(5) the regulation of activities of commerce in that locality, the local council has the right to establish prohibitions and requirements for conducting trade activity in the following respects:
a) prohibition to conduct trade or certain forms of trade activity, including street trade in certain perimeter areas or streets once during certain days or hours;
B) the conduct trading activities in buildings near public authorities, educational institutions, medical institutions, places of worship, monuments, works of art, buildings of architectural value, historical or archaeological, historical areas and in places (destinations) of tourist interest;
C) distribution trade activities between the central and peripheral areas of the village and between the uncrowded and crowded areas;
D) radius of the prohibited sale of alcohol products around educational institutions, medical institutions and places of worship;
E) requirements for the operating mode (opening hours) traders perimeter certain areas or streets;
F) prohibition on trade in certain goods or services within the perimeter of certain areas or streets;
G) requirements for parking areas that trader must have the pursuit of certain forms of marketing.
(6) The requirements set out in para. (5) The decision is approved by the local council.
Chapter IIIDESFĂŞURAREA TRADE ACTIVITIES
Article 7. Forms of ongoing trade
(1) The main forms of trade are:
C) cash and carry trade;
D) commercial services, including catering.
(2) The list of commercial establishments approved by the Government.
Wholesale Article 8 (1) carries out wholesale traders have, where applicable, deposits, organizes preservation and processing of products complements commodity stocks, provides informational support, transportation services, offers and other trade-related services.
(2) While conducting wholesale traders are obliged to comply with the following requirements:
a) the availability of storage rooms designed and equipped technically corresponding to the volume and nature of the products stored. If food marketing, the business unit has, where appropriate, refrigeration equipment, and if the processing activity (packaging) products - the machine properly these activities;
B) equipment business unit with a computerized record keeping system;
C) use of measuring and control metrological verified;
D) compliance with technical requirements and exposure vicinities storage of goods;
E) - repealed.
(3) - repealed.
(4) general conditions and requirements for conducting trade cash and carry are:
a) and non-food trade is conducted based self-service, enabling customer choice and put them in the stroller goods for purchase;
B) customers are individuals and legal persons;
C) all customers are registered in the electronic database, maintained by the merchant sales, which are recorded correctly and completely all transactions concluded with each client. After registering in the database, the customer is issued an admission card with photo which will not be transferable;
D) access to the surfaces of sale is only permitted persons holding admission card;
E) - repealed;
F) the purpose of purchasing goods for personal use is its use (final consumption) or for processing, their resale to other traders / or collective professional users;
g) - repealed;
h) - repealed;
i) - repealed;
j) the necessary licenses to trade cash and carry corresponding licenses for wholesale.
(5) If cash and carry trade, payment for goods purchased shall be made in cash or by transfer to the customer and invoice issuance is preceded by crossing pass set customer through a special device that allows the identification thereof. Invoice and its payment is allowed only if the system managed by the merchant seller recognizes customer access card registered in the database.
Retail Article 9 (1) Retail sales are conducted through commercial stationary units (shops), stationary provisional (pavilions, booths (booths)), mobile units or by other means provided by law.
(2) Specific rules for conducting retail approved by the Government, is that the following general principles:
a) providing an assortment of goods by type of business unit;
B) inventory management of goods - solving technical problems specific to their trade (storage methods, spatial arrangement, exposure of goods);
C) knowledge of forms and methods of marketing the goods;
D) ensuring specific conditions of storage and marketing of goods;
E) services relating to retail.
(3) - repealed.
Article 10. The provision of commercial services (1) The provision (marketing) services are conducted through commercial units (points of sale services).
(2) In services trade, traders are obliged to comply with the following requirements:
a) the presence of a labor force able to provide the service;
B) the existence of the necessary technical base (presence service unit and corresponding equipment); c) the existence of an offer of service having specific characteristics type of service and tariffs justified.
(3) - repealed.
Article 11. Catering
(1) Catering takes place in specialized units, which are classified depending on types of services provided to consumers. Catering falling into tourist accommodation and are classified into categories.
(2) The list of catering establishments and to provide specific rules for restaurant services, including health, approved by the Government, observing the following prerequisites:
a) the existence of rooms equipped with the appropriate equipment technological process for each type of unit catering;
B) the authorization of veterinary trade activity in accordance with this Law;
C) the employment of qualified staff in the preparation of culinary products, confectionery and pastry. Article 12. The trade
markets (1) Market is a special area where it sells mainly agricultural products, food and non-food products and services through commercial units located in the perimeter.
(2) Depending on the specificity of the products traded, the markets can be of several types: food market, non-food markets, automotive markets, flower markets, commodity markets used mixed markets etc.
(3) Markets are created based on the decision of the local council. Administrators market agreement with the local government approves the regulation market developed according to standard regulations approved by the Government.
(4) Markets are managed by the administrator of the market, which can be directly local government authority or an operator, as required by law.
(5) seats for sale in food markets and the mixed priority is granted to local agricultural producers based manufacturer certificate issued by the mayor. Job share sale to local farmers market is determined by the administrator depending on the nature of the market, but can not be less than 50 percent of his commercial food market and 30 percent of the surface mixed commercial market.
(6) Market Prices for services are set by the administrator of the market based on the principles of transparency, non-discrimination and economic equity and, within 30 calendar days shall be coordinated with local government authority. The tariffs are calculated in relation to expenditure incurred in service delivery market. It prohibits the establishment of fees for access to the market.
(7) The specific rules for conducting trade in the markets, types of market regulation framework for functioning of markets and the list of prohibited goods marketing in markets approved by the Government.
Chapter IVORGANIZAREA TRADE ACTIVITIES
Article 13. Initiating a trade activities
(1) trade activity may be exercised by natural and legal persons in accordance with the requirements of this law.
(2) - repealed.
(3) - repealed.
(4) The trader carrying out the activities set out in Appendices. 3 and no. 4 must employ persons who meet the requirements for training and health as art.
214. (5) Central specialized public administration and local government authorities, professional associations and legal persons concerned can organize professional training courses in marketing products and services subject to authorization as required by law respective courses .
(6) For their trade, traders must:
a) have a professionally trained under par. (4);
B) be registered as required by law;
C) notify the local public authority under this Act;
D) obtain the appropriate license for practicing an activity subject to licensing as required by law.
(7) gambling activities may be carried out only after obtaining the license issued by the Licensing Chamber and the authorization issued by the local government authority in Law no. 285-XIV of 18 February 1999 on gambling.
Article 14. Notice of initiation activity
(1) Where trading activities, other than those set out in Annexes. 3 and no. 4, the trader has the right to operate concurrently with the filing of trade on the initiation of trade activity.
(2) If the activities set out in Appendices. 3 and no. 4 and where itinerant trade, the trader is obliged to give notice initiating trade activity at least 15 working days before taking up business.
(3) Notice of initiation of trade activity will correspond to the model set out in Annex. 2 and will contain the following data:
a) name / name, registered office / residence, IDNO / IDNP and contact details of the trader;
B) the name and trade activity code according to CAEM Rev. 2 with the word on the marketing of alcoholic products, beer and / or tobacco items;
C) the name and address of the business or place of sale;
D) business unit type classification according to commercial establishments approved by the Government;
E) trade area (m2);
F) business unit capacity (seats / person) - for catering unit;
G) the type and trade area (length, width, height) of the mobile unit - for performance of trade activities through the mobile unit;
H) affidavit on the compliance of the trader.
(4) The notice initiating trade activity is attached, in some cases, the following acts:
a) the document confirming the representative's powers - if the notice is filed through a representative;
B) a copy of Market Regulation, adopted by the merchant, and a copy of the local council's decision to create market - where markets.
(5) Units trade land located directly on public property, additional provisions in par. (4) the notice is attached copy of the document confirming the right of ownership or use the land on which is located the business unit (decision on allocation of land for construction and land market, the title of authentication of the holder's right of land lease contract / bailment or, where appropriate, another act).
(6) Within 15 days from the date of notification, the trader must pay the local public administration authorities notification payment in the amount of 100 lei.
Article 15. Requirements for notification of
up the business of commerce (1) Data included in the notice initiating merchant trade activity must match the prohibitions and requirements of this law and the rules of conduct trading activities in the locality, approved by the local council, according art. 6 para. (5).
(2) Notice of initiation of trade activity trader is submitted separately for each business unit and / or place of sale.
(3) Notice of initiation of trade activity trader is submitted to local government authority physical or online through informational resource trade.
(4) Notice of initiation of trade activity is submitted to the local government authority of the first level, the public administration authority of Chisinau and Balti or territorial unit of Gagauzia, in whose jurisdiction is to operate trader respectively.
(5) notifications and copies of documents attached submitted by the trader, are kept in the archives of local public administration. Receiving notification
Article 16. (1) Upon receiving notice of initiation of physical trade activity, local government authority is obliged:
a) to enter data in the notification informational resource in trade;
B) issue a trader receiving written notice, the following data:
- date and time of receipt of the notification;
- Serial number of the notification given by the local government authority;
- Name, position and contact details of the person in charge of local government authority which received the notification.
(2) Upon receiving notification of the initiation of trade activity online source of information on trade issues notice to the trader reception, which will include dates set for par. (1) b).
(3) The local government refuses receiving notification of the initiation of trade activity at the time of its submission (if physical filing of the notice) or within 3 days of the filing (if filing online notification) only in the following cases:
a) notification does not contain the data set out in art. 14 para. (3);
B) the notice accompanying documents are not established, as appropriate, to art. 14 para. (4) and / or (5);
C) notification is not signed by the person holding the necessary powers.
(4) In case of refusal to receive notification pursuant to para. (3) local government authority shall issue a notice of refusal trader receiving notification, in writing, the following data:
a) the reasons for refusal of receiving notification;
B) name, position and contact details of the person in charge of local government authority to refuse receipt of the notification.
Data Article 17. Correctness and ongoing compliance requirements
trading activities (1) The local government checks the dates indicated in the notice initiating trade activity within the 15 working days of receipt of the notification.
(2) The data in documents filed by the merchant notification and examining the principle of "single window" in the following respects:
a) the accuracy of data on name / name, location / address for the administrator trader and IDNO / IDNP site is checked by accessing data from the State Register of legal Entities and, where appropriate, of the State population Register and other state registers - if necessary;
B) the accuracy of data on commercial or address of the place of sale is checked by accessing data from information resources owned by the State Enterprise "Cadastre" - if necessary;
C) compliance in the field of urban and spatial planning and construction through data access and interaction with subdivisions in charge of local public administration - in all cases.
(3) Verification of compliance requirements on food safety are carried out if the trader activities set out in Annex. 3 as art.
171. (4) Verification of compliance requirements in healthcare is performed if the trader activities set out in Annex. 4, according to art.
172. Article 171. Compliance with legislation
to conduct food safety
trade activity (1) If the trader carries out the activities set out in Annex. 3 notification submitted by trader resolves, of receiving them, by the National Agency for Food Safety, the principle of "single window" through informational resource trade.
(2) The National Agency for Food Safety performs authorization or registration veterinary business unit in accordance with food safety legislation.
(3) The National Agency for Food Safety within the 15 working days from the filing date of notification, enter the resource information in trade, as appropriate, information on veterinary operating authorization or refusal to issue its business unit or information on registration, on the traders who have filed notices of initiation of trade activity.
Article 172. Compliance with legislation
to conducting health
(1) If the trader activities set out in Annex. 4 filed merchant notification is sent, on receiving them, by the National Centre for Public Health or the local public health centers under their territorial jurisdiction, the principle of "single window" through informational resource trade.
(2) National Center for Public Health or, where applicable, territorial public health centers health authorization for issue no later than 15 working days from receipt of the notification.
(3) It is not necessary to issue a new permit sanitary operation under par. (2) if the establishment has sanitary authorization, issued till the filing, by the National Centre for Public Health or, where appropriate, territorial public health centers.
(4) National Center for Public Health or, where applicable, territorial public health centers within the 15 working days of the submission of the notification, introduced in trade in informational resource information on health authorization for or refusal to issue it on the traders who have filed notices of initiation of trade activity. Article 173. The duration of the activity
(1) Except as provided in the Appendices. 3 and no. 4 merchants engaged in trade since the submission of the notification for commercial and even suspension or termination of trade activity conducted pursuant:
a) the competent authorities of the request by the court decision;
B) notice of termination of trade activity according to art.
175. (2) trade activities set out in Appendices. 3 and no. 4 and those carried out through mobile units can be initiated after the expiry of 15 working days after submission of the notification for commercial and lasts until the cessation of commerce under par. (1) a) or b).
(3) activities within the trade fairs, fairs, cultural, tourist, sporting and similar events can be carried out only during these events, established under regulation of activities of commerce or approved by locality decision by the local council or the mayor.
Article 174. Suspension (limiting) activity
trade (1) trade activity is suspended (limited) by authorized bodies with control through restrictive measures provided for by law, for violations found under state control conducted according to Law no. 131 of 8 June 2012 on state control over business activity.
(2) trade activity is suspended (limited) act by suspending a permit / license by the competent authority, as provided in Art. 17 of Law no. 235-XVI of 20 July 2006 on the basic principles of regulation of entrepreneurial activity.
Article 175. Cessation of trade
trader notification pursuant to (1) cease trade activity trader requests from the date of filing of the notice of termination by the trader.
(2) From the date of filing the notification of the termination of trade activity, the trader:
a) has no right to engage in trade in any unit concerned;
B) does not pay the fee established in art. 177 par. (2) for the business unit concerned.
Article 176. Modification of data (1) In case of need for change of data specified in the notice initiating trade activity, the trader submit to the local government, within at least 30 calendar days before the date amending notification data modification.
(2) The trader should attach to the data change notification, as appropriate, necessary documents in accordance with art. 14 para. (4) and (5).
(3) The local government has the right to make changes on the business unit of resource information on trade if it finds that the dates indicated in the notification are erroneous merchant.
Article 177. Fees
(1) For each business unit within which the activities of commerce, merchants pay the fee for commercial units and services in accordance with tax legislation.
(2) The fee for commercial units and / or service charges are paid by the merchant as prescribed by tax legislation during the pendency trade activity according to art. 173. Article 178. The activity of small traders
(1) Small traders carry trade activity without state registration, without having the entrepreneurial patent and without submitting the notification of the initiation of trade activity.
(2) Small traders have the right to trade only agricultural food products or belonging to them proprietary.
(3) Small traders are obliged to operate only trade in markets or in facilities established by government authority.
(4) Small commerce merchants operate without fee for commercial units and services.
Article 179. The resource information in
trade (1) Recording and monitoring of commercial establishments and places of sale and related data, information resource is through trade, established and administered by the Government.
(2) The Government shall ensure and provide necessary support for connecting to local authorities informational resource in trade, as well as its interaction with other information resources of state and other public authorities.
(3) Local authorities provide input and update data on commercial establishments and places of sale, including data from notifications and attached documents submitted by trader at local government authority, and the decision of suspension or termination trade activity issued by the competent authorities within 3 days from the date of receiving them.
(4) Access to information on commercial establishments and places of sale of resource information in trade is guaranteed to everyone consideration.
Chapter VREGULI GENERAL TRADING PRODUCTS AND SERVICES
Article 18. Protection of life, health and safety
consumers (1) Traders are obliged to place on the market only products / services safe for life, health and safety of consumers. Any trader should ascertain, based on information obtained from manufacturer / importer and professional training, that the products offered for sale are safe and to inform consumers of the risk factors in the use / consumption.
(2) prohibits the marketing of products in the absence of accompanying documents concerning the quality, quantity and safety, issued under the technical regulations, sanitary and accounting regulations.
(3) is considered safe product / service that complies with mandatory regulations that define its security features and procedures to control the compliance with the parameters defined characteristics according to law.
(4) If the security product / service can not be established according to the provisions of paragraph. (3), product / service is considered safe when used under normal or foreseeable risks to life, health and safety of consumers.
Article 19. The labeling, marking and packaging
(1) The information provided by labeling, packaging, and how to apply the labels are established by law. Labeling and rules under which it is made shall not be liable to mislead the consumer.
(2) The sale of product / service delivery, the trader / supplier should give to the consumer, at his request, in addition to information provided by labeling, marking and packaging, other information relating to the characteristics accurate and useful product / service, conditions of sale and use.
(3) The product packaging must ensure the integrity and protection of its quality, easy to manipulate, to promote the sale of the product, while according to the legal provisions relating to safety, environmental and consumer safety. Article 20. The amount and price
(1) Depending on the type and characteristics of the product, its packaging will indicate clearly and unambiguously visible nominal mass and volume, length, area or other sizes that characterize the amount (content) of the product, expressed in units of measurement recognized national metrology system. The provisions of this paragraph shall not apply to products sold in bulk.
(2) The obligation that the data mentioned in para. (1) to the manufacturer, trader or, where applicable, the importer.
(3) The information provided by means of measuring the quantity of products sold in bulk must be clear and visible to the consumer. The measuring instruments used to determine the amount of trade products must be certified (included in the State Register of measuring instruments Moldova), adequate and regularly checked metrology.
(4) The trader who offers a product / service network for retail sale must indicate on the price signal stock price, the price per unit of measurement and pricing, according to legal provisions in force. It is not necessary to indicate the unit price if it is identical to the stock price.
(5) selling prices, unit prices and tariffs as indicated clearly and unequivocally by marking, labeling the proposed menu and / or display and is expressed exclusively in local currency.
(6) Products and services are sold in Moldova free stock prices, except for the prices / tariffs regulated by the state. Price in marketing the products / services socially important essentials, whose list reflects the subsistence food basket, approved by the Government and is regulated by limiting the profitability of the production and / or trade margins from their sale. Article 21. Other rules
marketing (1) In place of sale product / service delivery, the trader must possess documents proving their compliance with technical regulations in force. Where those documents are kept elsewhere, within the business unit must keep their copies certified with the stamp trader.
(2) The trader is obliged to keep records of marketed products / services rendered and to issue purchasers / consumers till receipts or other documents confirming the purchase of the product / service delivery. The documents are available evidence at the request of control, according to legal provisions in force.
(3) Each trader establish, in accordance with rules of conduct trading activities in the locality, approved by the local council, hours of operation of the business unit, which will comply with labor laws and regulations concerning peace and order public. Retail trade enterprises and commercial service businesses can be open all days of the week. Commercial food establishments can not be closed for more than two consecutive days for public holidays, except for some objective causes of downtime. Opening hours are posted at the entrance to the business unit, visible from the outside. The trader is obliged to ensure compliance. Any change in hours of operation of the business unit is made with prior approval of the local government authority which issued the authorization of operation.
(4) traders are obliged to ensure the collection, storage and transportation of waste from trade under the law on waste management. Collection and transportation of waste is carried out:
a) by the retailer where it is authorized waste management; and / or
b) to legal entities that hold waste management permit and have contracted with the merchant.
(5) traders are obliged to respect the prohibitions and requirements for conducting trade activity, in the regulation of activities of commerce in the locality, including where relevant prohibitions and requirements were established after submission of the notification of initiating trade activity.
(6) In the conduct of trade, traders are responsible for compliance sanitary, veterinary, prevention and fire fighting, environmental protection, and compliance with industry-specific legislation.
Article 211. The relationship between supplier and trader
perishable food products
(1) The contractual relations between supplier and trader perishable food products are established through a contract negotiated in advance by the parties, in compliance with current legislation. The parties may not bind to each other directly or indirectly, to buy or sell products / services from or to a third party.
(2) The trader can not ask the supplier and charge fees for services not included in the acquisition cost of goods (slotting fees, costs for expanding the distribution network and planning area managers, advertising costs and promote products). The trader can not be compelled by the supplier to contribute to marketing costs of the supplier. This regulation does not prevent the supplier or trader to participate voluntarily and mutually costs of marketing to promote products.
(3) The trader can not condition the provider does not sell the product to other retailers at a lower price than that at which it sells to. The provider may not condition the trader to retain some shelf price.
(4) The deadline for payment of the merchant by the supplier for perishable food products contracted and delivered to be determined in the contract negotiations, but can not exceed 30 calendar days from the date of delivery of goods by the supplier.
(5) prohibits the trader to return provider perishable food products that were purchased in compliance with quantitative and qualitative requirements under contracts of delivery. The trader is obliged to liquidate (destroy) foodstuffs whose validity has expired.
Article 212. Work regime trader is obliged to carry out trade activities as required on the operating mode (opening hours), established by the local government authority in the regulation of activities of commerce in the locality.
Peddler Article 213. (1) Traders do not have the right to carry peddler in the following cases:
a) the conduct of peddling is prohibited on the street or on the perimeter street in compliance with Regulation conduct trading activities in the locality;
B) the conduct of land use peddler limited public use as its purpose;
C) sale of that product in the itinerant trade is prohibited by law.
(2) To conduct trade through automatic sales machines (self-service equipment), the merchant submits notification for each commercial unit where they are located in different places. The trader submit one notification commercial devices arranged adjacent to or in the same room, with the number of devices.
(3) If performance of trade activities in public spaces, through the mobile unit, local government authority shall prepare and issue the trader within the 15 working days from the date of submission of the notification by the trader the scheme for the location of the mobile unit used by the merchant.
(4) If the mobile unit placement in public spaces, the trader is obliged to place in the manner set out in the scheme of location issued by the local government authority.
Article 214. training requirements
(1) The persons directly involved in the activities of preparation, processing, marketing and / or storage of food and / or beverages for consumption in commercial establishments are required to have training in trade, catering and hygiene .
(2) persons directly involved in the physical maintenance activities, hairdressing and other beauty activities are required to have training in physical maintenance activities and hygiene.
(3) It is considered that the persons referred to in para. (1) and (2) the necessary professional skills if they meet at least one of the following conditions:
a) have graduated from institutions of higher education or vocational technical, as appropriate, trade, catering, activities body care, hairdressing and other beauty activities or hygiene;
B) have completed specialized training, where appropriate, in catering, maintenance activities, hair salons and other beauty activities or hygiene carried out by entities specified in Art. 13 para. (5).
(4) the business units with activities set out in Appendices. 3 and no. 4 will be engaged only people who have medical certificate of medical fitness issued by medical institutions, public or private.
(5) persons engaged in commercial establishments with activities set out in Appendices. 3 and no. 4 will be subjected to medical examination on the state of health by medical institutions, public or private according to the periodicity set by the Government.
(6) prohibits the inspection authorities or other public or local authorities to approve legislation to oblige traders to attend training courses or professional training.
Article 215. trade activity in fairs,
fairs, cultural events
tourist, sporting and other events
(1) The peddling in fairs, fairs, cultural, tourist, sporting and similar events are conducted under notification merchant to initiate trade activity and conditions established by the mayor.
(2) the mayor, local government authority has the right to establish requirements for conducting trade activities in fairs, fairs, cultural events, tourist, sporting and similar events, including allowing their conduct without submitting the notification.
Article 216. Population protection against noise
and vibration to conducting
(1) Operators must observe accepted standards for issuing noise and vibration, approved by the Government.
(2) prohibits commercial establishments that use location service music (dance clubs, halls and similar establishments celebrations) in residential buildings, educational institutions, hospitals or places of worship.
(3) units serving commercial uses music (dance clubs, halls festivities and similar establishments) are obliged to apply the necessary measures to comply with regulations soundproofing admitted issuing noise and vibration does not cause discomfort to the occupants area or locality in which they are located.
(4) Measurement of noise and vibration is performed at the request of the individual or entity concerned by:
a) National Center for Public Health and territorial public health centers;
B) subdivisions authorities of local public administration;
C) accredited laboratories and institutions in accordance with law;
D) the bailiff, according to art. 25 of the Enforcement Code.
Chapter VI - repealed
TRANSITIONAL AND FINAL Chapter VIIDISPOZIŢII
Article 25. Entry into force of the law
(1) This Law shall enter into force 6 months after publication.
(2) Upon the entry into force of this Law, the Law no. 749-XIII of 23 February 1996 on internal trade (Official Gazette of the Republic of Moldova, 1996, no. 31, art. 318).
(3) Traders operating under authorizations / licenses issued before the entry into force of this law will continue to work on them until the expiry of their validity. Article 26. Adjusting
government regulatory framework within:
- 6 months from the date of publication of this law shall submit proposals to bring legislation in line with this law;
- 12 months from the date of publication of this law shall approve normative acts to implement this law.