The Law On Regulation Of Retail Trade

Original Language Title: PERAKENDE TİCARETİN DÜZENLENMESİ HAKKINDA KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6585.html

Law No. 6585 Date: 14/1/2015 the FIRST PART of the Objective, Scope and definitions Purpose article 1-(1) the purpose of this Act; retail businesses are opening and easing of the migration process, operational, effective and sustainable in a free market environment, the retail trade under the terms of competition, consumer protection, retail businesses in growth and development of a stable and retail businesses activities and their relationships with each other, manufacturers and suppliers.
The scope of article 2 (1) of this Act; retail businesses are opening, operating and control procedures and principles for the implementation of this Act with the Ministry, administration and other public institutions and organizations authorized duties, powers and responsibilities.
(2) the opening of the service sector businesses and/or activity they held with private law with transition activities is beyond the scope of this law.
Definitions article 3-(1) in the implementation of this Act;
a building or area a) Mall with integrity, in large department stores and/or nutrition, dressing, entertainment, recreation, cultural and other needs are met on a portion of or all of the other businesses, the central management and common areas with other qualifications determined business regulation, b) Ministry: Ministry of customs and Trade, c) Dealer business: a business based on Contract sales of goods and services on behalf of the brokerage and to self-employed business , d) Department Store: no matter Which under the name of, in whole or in part, of consumer goods retail sale of at least four hundred square meters sales area business, d) craftsmen and artist-run: 7/6/2005 and Article 3 of Act No. 5362 tradesmen and Artisans professional organizations under the first paragraph of subparagraph (a) in subparagraph sanatkârlarca and run business defined, e) fast moving consumer goods: Food , drinks, cleaning and personal care products, f) Store brand products: large department stores or chain store, is producing its own name or to others in the establishment of the brand and selling price, packaging or presentation has control over product, g) professional organizations: the Union of tradesmen and artisans room of the Commerce and industry, chambers of Commerce and industry in the trade room where separate rooms, ğ) special authority business: a business based on the contract , management and organization as well as distribution or marketing technologies with information and support as long as this price, region, and by certain conditions and limitations within the independent commercial business that uses, h) Retail information system (PERBİS): Retail businesses opening and closing with a reference needed in the activity and other transactions resulting from a single Center and this Center provides electronic information system, ı) retail enterprises : Shopping mall, Department stores, chain stores, dealers engaged in the retail trade business, specially authorized business trades with other commercial businesses and artists, businesses, I) retail trade: the sale of goods and services of retail business and marketing-related activities of all, j) sales area: Exclusively office accommodation with businesses, used for storage, the production facilities and areas and communal areas including; shopping centers, Department stores and businesses total fields in the direct sales and chain-store tool vendors chartered fields, k) Top professional organizations: Union of Chambers and commodity exchanges of Turkey with Turkey tradesmen and Craftsmen Konfederasyonunu, l) Competent Administration: Office Open and operating license on authorized municipal or provincial administrations and other administrations, m) chain-store: similar variety consumer goods no matter under what name or part of the retail sale of hosted by the same natural or legal person operating as decentralized; at least one of them carrying at least five quality of department stores have business or branch office with four hundred square meters of sales area located at least ten branch refers to the business.

The SECOND PART of the Retail information system, Workplace Giving a permit for opening and Operating Retail information system article 4-(1) in the opening and the closing of Retail businesses required reference and other operations with the activity of transmitting the relevant institutions and organizations, evaluation, and creation of the data base that businesses in order to ensure the sharing of information with the Ministry within the short name PERBİS is retail information system.
(2) without prejudice to the relevant institutions and organizations PERBİS, Access opens and that institutions and organizations established in the eyes of interconnected electronic registration systems online.
(3) PERBİS's installation, operating and other expenses relating to the transfer of information and documents to PERBİS charges at the request of the Union of Chambers and commodity exchanges of Turkey, the Ministry's budget is met. PERBİS's operating expenses and other expenses referred to the Union's budget appropriations each year. This is the amount of the payment, shall not exceed one percent of the annual budget. The Union's budget will be met in the event of insufficient amount from the aforementioned expenses, the Ministry imposed the budget allowance.
(4) will take place in PERBİS and will open access to information relating to the implementation of this article with other principles and are determined by the regulation.
Workplace giving work permits to open and article 5 (1) is provided through the opening and work permits Work PERBİS. Open Office and a work permit does not reference is made directly or through authorized administration PERBİS. Direct PERBİS by the administration of the authority is rendered to.
(2) if the result of the preliminary assessment made by the Administration in charge references; the latest from the date of reference within three business days, the opening of the retail business and its operation required records and similar operations in tasked and PERBİS are passed through to the competent institutions and organizations. This transmission to the related institutions and organizations deemed to have been made the necessary reference.
(3) the relevant institutions and organizations within the framework of the legislation by the required evaluations in accordance with the principles set by the regulation are made and the opening of retail enterprises and the information that is required for the transition and operational documents are forwarded to the Administration processed and authorized to PERBİS.
(4) the legally prescribed conditions through authorized retail businesses, open Office and work permits administered by PERBİS.
(5) reference bulunmayanlara appropriate, the result shall be communicated at the latest as reasoned within thirty days.
(6) License for processes that change is via PERBİS.
(7) Metropoles, shopping centers and Office occupancy permit building permit, opening and operating licence is authorized to give Metropolitan municipalities. Shopping Centre project structure to permit-emitting, parent is taken the opinion of professional associations. These organizations within fifteen business days of their views.
(8) the principles stipulated in the third paragraph of this article is to be applied with other principles and taking the opinion of the Ministry of the Interior is determined by the regulation was prepared.

The THIRD SECTION of the policy and the demand for premium and price Rules article 6-(1) large department stores and chain stores with special authorized reseller business and businesses; the manufacturer or supplier from inauguration reconstruction, turnover deficit, Bank and credit card fee and does not directly affect the demand for products under names like any premium or compensation.
(2) the first paragraph is counted, the demand for the subject product retail businesses that directly affect services such as advertising, announcement or shelf allocation from the manufacturer or suppliers, due to the type of contract and rate indicated cannot request premium or price. This way, the demand for premium or limited duration contract price and the price premium or claim which is the subject of the product to be available on the shelf for the duration of the contract is required.
Article 7-payment period (1) Manufacturers or suppliers of retail businesses with trading between welded payments are to be made on the date provided for in the contract. However, within thirty days from the date of production of perishable fast moving consumer goods related to the duration of the payment; the small business manufacturer or suppliers, creditors of the debtor is the large-scale business attitude cannot exceed thirty days from the date of delivery.
(2) matters that editing in this article 1/1/2011 No. 6102 dated 1530 applies the provisions of Turkish Commercial Law.
Store brand products article 8-(1) domestically produced and fast moving consumer goods which serve as store branded products and/or packaging, the retailer in addition to manufacturer's names, titles, or brand names, titles, or the brand of convenient and easy-to-read manner.
(2) of this article, the procedures and principles pertaining to the implementation of the regulation.
Campaign sales and shopping Festival

Article 9-(1) retail businesses, 7/11/2013 and 6502 numbered consumer protection Law and other related laws to comply with the prescribed procedures and principles provided that can arrange discounted or promotional sales campaigns. But the campaign's duration; opening of the establishment, transfer, change of address or activity three months of closure, liquidation in accordance with the provisions of law No. 6102 is shall not exceed six months. Retail businesses are starting and ending time not certain discounts.
(2) Local authorities and public occupational or professional organisations, and their partner companies and other legal persons; together or independently, with the participation of the retail business, during certain periods of the year, district, province, region or country-level Shopping Festival. This public professional organizations reduces the amount of the allowance for the festivities, shall not exceed five percent of their budgets. The start and finish dates and shopping festival, the Festival program will be reported to the Ministry in advance and application area.
(3) of this article, the procedures and principles for the implementation of the regulation.
Article 10-on sale all the time (1) sale; the end of the series, the end of the season, more than it exported, imperfect and similar goods, retail business, ex-factory price of the goods at discounted price or over is sold throughout the year.
(2) is constantly engaged in the retail sale in front of businesses and shops in them, can easily be viewed and readable way that indicates the type of sales or the phrase evokes. The use of this phrase is located within the shopping merkezlerince retail businesses operate within the scope of the first paragraph; located within the Mall including other retail enterprises is the use of the goods offered for sale for at least 70% of the same paragraph shall depend on the specified qualifications.
(3) the subject goods for sale and discount shopping mall all the time management with their obligations under this article of this article is determined by the regulation for implementation of other considerations.
Public areas article 11-(1) shopping centers, sales area corresponding to at least five per thousand of the area of separation for the purposes of social and cultural events is mandatory. The Ministry, this ratio to increase or reduce up to half a times.
(2) in shopping centres, emergency medical intervention unit, place of worship, baby care room, children's play area will be created in the public areas, such as.
(3) shopping center located in common areas, disabled and elderly, and considering the needs of children is created.
(4) common areas and their attributes, this field is related to the common costs and these costs goes to be notified of attending, and other matters regarding the implementation of this article shall be determined by the regulation.
Space and shelf allocation article 12-(1) in shopping malls, artisan and craftsman operators to be given rent through fair price, total sales at a rate of at least five percent of the area of space. These places are; craftsmen and artists, managers, or appear to be enough demand for the vacant from the date of the announcement of places within twenty days in doldurulamaması, other claimants also can be rented.
(2) in shopping malls; traditional, cultural or artistic value is kept for those who face disappearing to be given rent Executive professions, the total sales area in at least three per thousand. This place is the cost of the rent, it couldn't have been more than a quarter of the fair. The aforementioned professions, after taking the opinion of the relevant parent professional associations is determined and announced by the Ministry.
(3) fast moving consumer goods sale of large department stores and chain stores with reseller business and specially authorized businesses corresponding to a percentage of the sales areas to at least shelf space, the store is located, provided that the production in the province is geographically marked marked or registered as geographical registration even if taking the opinion of the appropriate professional associations trade provincial administrations which serve as fast moving consumer goods determined the sale of local products. Irreplaceable with regional products shelf areas, can be used in the sale of other products.
(4) of this article, the procedures and principles pertaining to the implementation of the regulation.
Working hours article 13-(1) seasonal and tourism-specific conditions, the profession, and so on, inter alia, by considering some or all of the retail enterprises ' working hours, professional opinion of the competent joint bodies shall be taken upon the proposal of the Administration can be determined by the Governor. Artisan and craftsman of kuruluşunca the profession in determining working hours of the relevant Chamber of artisans and craftsman's opinion.
(2) upon the proposal of the joint of the top professional associations, according to retail businesses operating arm of work hours to be determined at the level of region or country is in charge of the Ministry.

The FOURTH PART supply and distribution Cooperatives supply and distribution cooperatives Council of Retailers with article 14 (1) Artisans and craftsman işletmelerince effectively of goods offered for sale in the market for the purposes of the supply of craftsmen and the characteristic jargon is a member of the supply and distribution cooperatives. Change of articles of incorporation of the cooperative organization and is subject to the permission of the Ministry.
(2) Cooperative partners for at least two years without interruption, subject to Act No. 5362 rooms must be registered. Ministry; This cooperative partnership to look for in the Organization to the terms of the minimum amount of capital and number of partners to identify, secure, open the sample articles of incorporation of editing, and operate in a stable manner is authorized to make arrangements for them.
(3) Act No. 5362 of tradesmen and artisans professional associations are subject to management and supervisory board members, as long as he served, was established under this article in the Board of Directors of the cooperative.
Retailers Council article 15 (1) for the purpose of this Act is done in the retail trade in the matter of mutual information provision and exchange opinions, contribute to the creation of policies for the sector, will focus on measures to identify problems, to identify and to ensure cooperation between the relevant institutions and organizations under the coordination of the Ministry Council of Retailers is created. Will meet at least once a year the secretariat services of the General Directorate of the Ministry of Internal Trade Council.
(2) the Council of provider and run Retailers go with per diem for expenses and other expenses imposed to the Ministry's budget allowance.
(3) the working methods and procedures of the Council formation, Retailers and other considerations are determined by the regulation.

The FIFTH PART of the duties, powers, duties and powers to Control and penalties article 16 – (1) the Ministry;
the retail sector and retail businesses a) throughout the country, spreading, growth and development in a balanced manner to work for a, b) real property and second-hand motor vehicle carrying out commercial activities, such as trading rules of professional conduct to identify and make arrangements for the execution of these activities c to compile Statistical information, editing and publishing), c) in relation to the implementation of this Act shall be composed of hesitations and all kind of doing the secondary regulations fix the administrative measures to take , and is authoritative.
(2) the Council of Ministers;
a top professional associations the views of the Ministry) is taking to create upon the proposal, according to the retail businesses that operate and arm opening and the number of businesses in its operation and their proximity to each other, the environment, infrastructure and transportation opportunities, businesses would bring traffic loads as the risk of life and property safety with economic, social, demographic and environmental factors determining gözetilecek in terms of criteria, including open Office and work permit approval process PERBİS to criteria set to deliver to the Ministry and that the procedures and principles for the regulation of editing the Ministry and the Interior Ministry of the b) onto the appropriate vision, 14/6/1989 and Open Workplace and work no. 3572 Ruhsatlarına to accept That by modifying the Decree Of other institutions referred to in the second paragraph of article 2 of this law, with the opening and closing operations with the activity of enterprises PERBİS and to decide on topics for realization through this regulation the procedures and principles for the regulation of , c) this law within the scope of the service sector businesses are firm, location, or where the arms are outside the scope of the Ministry on the basis of the proposal is to keep the authority upon.
(3) the second paragraph of the top professional bodies, (a) the employer will see his views on reports to the Ministry within thirty days.
Control article 17 – (1) the implementation of this law, the Ministry, in practice problems and deal with complaints in relation to retail businesses control is authorized to make.

(2) the competent authorities, shall be limited to jurisdiction, directly, or at the request of the Ministry, within the framework of the provisions of this law in the nature of retail businesses, including necessary preliminary control and taking charge of the measures and make applications.
(3) of this article, the procedures and principles regarding the implementation is determined by the regulation.
The penalty provisions of article 18 (1) does not require a heavier punishment according to Other laws, this law;
those who act contrary to article 6 of the a), each and every one in a store or branch taken as unfair to the contrary in the amount of the premium and price, b) of the first paragraph of article 8, that the large department stores and chain stores, each store or branch for each product group in ten thousand Turkish Lira, c) 9 subsection I of article 10 with the second paragraph of article against those five thousand Turkish Lira the first paragraph of article 11, ç) against those who act, not leave the space that is required on each square meter of separation for twenty thousand Turkish Lira, for not less than thirty days of violation by the Ministry twice this amount in the product cannot be repaired within the given time, d) the second paragraph of article 11, against those who, fifty thousand Turkish lira for every one incongruity, for not less than thirty days of violation by the Ministry twice this amount in the product cannot be repaired within the given time , e) 12 of the first and second paragraphs of violating the shopping centers, where it should be allocated to each leave a square meter in the amount of the fair rent per square foot, for not less than thirty days of violation by the Ministry twice this amount in the product cannot be repaired within the given time, the third paragraph of article 12, f) against those who, for each store or branch of twenty thousand Turkish Lira , for not less than thirty days of violation by the Ministry twice this amount in the product cannot be repaired within the given time, g) according to article 13, the working hours of those who act contrary to a thousand Turkish Lira, ğ) 16th under the first paragraph of subparagraph (b) as determined by the employer, pursuant to the rules of behavior and those who move inconsistent with regulations made three thousand Turkish Lira received by the Ministry within the framework of this law, h) measures and imposing a secondary regulations and control made for desired authorized notebook , with their documents and other records which are seen around or missing information or interested in preventing them to do their tasks the control element two thousand Turkish Lira, administrative fines.
(2) the first paragraph (c), (I) and (h) penalties prescribed in paragraphs; the verb large department stores, chain stores, processed by specially authorized reseller business and five times in the business, the Mall is in the processing of ten times by the applied.
(3) the first paragraph (g) foreseen in penalty; the verb large department stores, chain stores, retailers, businesses and private authorized business-processing in the processing of the twenty times in the Mall is fifty times the applied by.
(4) the first paragraph (h) of the administrative penalties foreseen in the Ministry, other administrative penalties if the request of the competent administrations of the Ministry directly or is authorized to practice. Administrative fines may be transferred to the General Directorate of domestic trade Ministry authorized the application.
(5) of this article, the first paragraph (a), (b), (c), (g), (I) and (h) the administrative penalties specified in paragraphs requires the issuance of the verb in the event of repetition within a calendar year, twice for each administrative penalty is applied again.
(6) administrative penalties are given according to this law, shall be paid within one month from the date of notification.

CHAPTER SIX miscellaneous provisions article 19-5/6/1986 Law No. 3308 dated the second paragraph of article 30 of the law on vocational education "in the workplace, from professional to open as the owner of the registration certificate of the mastery of to want." the phrase "the opening were craftsmen and artisans of their own, or with traders in each profession at work at least one employed by a user of a master certificate or an associate's degree must be requested at least." has been changed.
Article 20-18/5/2004 and law No. 5174 Union of Chambers and commodity exchanges of Turkey Chambers and stock exchanges with article 102 of the law has been changed as follows.
"Article 102-Room at the time of registration, registered with the commercial register of 5/6/1986 and Law No. 3308 vocational training certificate or equivalent document prescribed mastery are undesirable."
Article 21-7/6/2005 and no. 5362 craftsmen and Artisans of the first paragraph of article 68 of the law on professional organizations last sentence has been changed as follows.
"Register and hotel rooms by, trades and sanatkârlardan while recording 5/6/1986 and Law No. 3308 vocational training certificate or equivalent document prescribed mastery are undesirable."
Article 22-3/6/2011 and 640 numbered customs and Department of Commerce, the Decree on the Organization and duties of the first paragraph of article 9 (b) in subparagraph ", Central Registration System set up, operate, and that in the eyes of other institutions and organizations to connect with the registration system, carry out the work related to the maintained" phrase was removed from the article text, (f) the following is modified, the same substance (f) added the following to come after dykes and other dykes according to third parties.
"make arrangements for Electronic Commerce f), it is about legislation to fulfill given tasks, to work for the development of electronic commerce and to take the necessary measures."
"the scope of the law, About trades and artificer) enterprises ' commercial activities in matters related to the movement in collaboration with the General Müdürlükle retail trade retail trade-related legislation, make arrangements for given tasks, healthy growth in the retail sector and to work towards the development and take necessary precautions.
ğ) Exhibition, fair and allow editing of the organization such as the days of the promotion and regulation of the activities of this organization to make arrangements.
h) make arrangements for domestic fairs.
I) Central Registration System, Registration System and retail information system set up, operate, these systems with other public institutions and organizations in the public or professional organizations to connect to the registration systems that are held to work for and, when necessary, this system of agencies and organizations access to unpack and compile and publish statistical information produced for the system. "
Article 23-Decree No. 640 of the first paragraph of article 12 (b) of the California Penal Code, create "information system" after the phrase to come "and that produced statistical information system to compile and publish the same paragraph with the phrase" (c) after subparagraph following almost bent and other dykes according to third parties.
"within the framework of the legislation regarding trades and Retail trade), artificer of commercial efforts and its activities make arrangements and take necessary precautions."
Article 24-the following additional items have been added to the Decree No.190 which has 640.
"Article 1-(1) located on the list attached to the staff, having been established 13/12/1983 and law No. 190 on the General staff and the Decree on attachment Procedure (I) the Ministry of customs and Trade section of the ruler, has been added.
(2) article 7 Decree No. 190 additional and Central Government budget under the assignments outside the law, the Central Government budget, without restrictions in the law, will not exceed the total number of 3000 will be determined by the Ministry to assign a blank staff. "
It won't take effect provisions of article 25 (1) 2/1/1924 within the framework of the provisions of the law on weekly rest No. 394 retail businesses as does not apply.
Transitional provisions TRANSITIONAL ARTICLE 1-(1) PERBİS until the opening of the retail business and its operation shall be carried out according to relevant regulations of the migration process.
(2) is in the process of issuing the work permit Office located on and authorized authorities and other relevant institutions and organizations; The Ministry, in coordination with other necessary technical and personnel infrastructures issues PERBİS by completing the information systems until PERBİS become compatible with.
(3) all necessary information pertaining to the retail business, since the establishment of the coordination of the Ministry officials in a year, at the latest by the Administration will be transferred to PERBİS. The Ministry will not exceed a maximum of a year this time to extend it twice.
(4) as of the date this law comes into force has received a permit for doing open and work has not received a permit for work, although the shopping centers the seventh paragraph of article 5, the provision does not apply.
(5) before the date this law comes into force the workplace retail businesses opening and operating licenses.

(6) is constantly engaged in the retail sale of businesses, from the date this law comes into force in two years become 10th item brings up the appropriate status.
(7) the date this law comes into force before the opening and work permits work in shopping malls, stipulated in article 11, public areas, law comes into force is created within one year of the date.
(8) from the date this law comes into force, article 12, for the vacant sales areas in shopping malls in the computation of the artisan and craftsman operators until the specified rate priority shall be given to rental.
(9) from the date this law comes into force, article 12, for the vacant sales areas in shopping malls in the second paragraph of the specified rate until the traditional, cultural and artistic value he kept those who face disappearing leased Executive professions.
(10) the third paragraph of article 12, fast moving consumer goods sale of large department stores and chain stores for shelf allocation of local products, from the date this law comes into force within a year.
(11) of this article, the sixth, seventh, eighth, ninth and tenth paragraphs of those who, contrary to the provisions of this Act for the corresponding penalties, but within the framework of the principles and procedures referred to in paragraph is applied.
(12) envisaged in this regulation are placed into effect in nine months by the Ministry.
Entry into force article 26 (1) of this Act enters into force on the date of promulgation.
Execution article 27-(1) this Law the provisions of the Council of Ministers.



1 NUMBERED LIST INSTITUTION: the ORGANIZATION of CUSTOMS and the MINISTRY OF COMMERCE: the ESTABLISHED CENTRAL KADROLARIN CLASS NUMBER of NUMBER of TOTAL STAFF FREE DEGREE TITLE STAFF GPP Assistant General Manager 1 2 2 1 3 3 1 10 10 head of legal counsel ACT ACT ACT customs and trade Lead .GIH customs and Trade ACT Inspector 1 40 40 3 20 20 customs and trade Deputy Inspector 7 40 40 ACT customs and Trade Specialist 5 174 174 GPP customs and trade Assistant

8 250 250 GPP Touriste 5 5 5 GPP financial services Assistant Chief of Precinct Part 8 5 5 5 1 1 5 3 3 ACT ACT ACT Translator 6 2 2 3 4 4 5 40 40 Enclosure the enclosure ACT Officer Kept Officers ACT 6 106 106 TOTAL 705 705 INSTITUTION ACT Officer: the ORGANIZATION of CUSTOMS and the MINISTRY OF COMMERCE The TITLE of the ESTABLISHED DEGREE of FREE COUNTRY-KADROLARIN CLASS: STAFF NUMBER TOTAL NUMBER of the STAFF of the Chief of the Precinct 5 35 35 ACT Part 5 26 26 ACT ACT Examination Officer 6 500 500 GPP Protection Officer 7 650 650 GPP Officer 7 240 240 TH Engineer 6 15 15 7 15 15 TS TS Technician Technician 7 19 19 TOTAL 1500 1500