Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15101
About trading activity * Transfer with the national language of Turkmenistan.
This law defines legal, economic and organizational framework for the implementation of the trading activity in Turkmenistan, sets out principles and organizational basis of State regulation of it.
Chapter i. General provisions article 1. The basic concepts used in this law 1. In this Act, the following basic concepts are used: 1) trading activity (hereinafter also-trade) is a type of entrepreneurial activities of natural and legal persons associated with the implementation of the sale of goods, as well as the implementation of works and provision of services, including catering;
2) wholesale-type of trading activity, associated with the sale of goods for use in their business activities, for production needs and other purposes not related to personal, family, household and similar use;
3) retail-type of trade activities associated with selling directly to the public, including the provision of additional services for personal, family, domestic or other purposes not connected with entrepreneurial activity;
4) catering-business activities related to the production, processing, realization and organization of food consumption, as well as sales of products of industrial production and services;
5) trade service-seller trade object with the direct interaction with the customer to meet the needs of the buyer when purchasing goods;
6) online-shop information resource the subject of trading activity in the global Internet computer network (hereinafter referred to as the Internet), which allows you to select and purchase products without (outside) commercial facility;
7) retail chain is a set of two or more commercial properties with a total trade area of not less than 1000 square meters, which are under common control and (or) are used under a single commercial designation or other means of individualization;
8) trade area-area commercial facility occupied by special equipment designed for display, demonstration of goods, customer service and holding cash calculations with buyers when selling goods, buyers;
9) a subject of trade activity is a natural or legal person registered and carrying out trading activity in the order established by the legislation of Turkmenistan;
10) product-any non-exempt from the turnover of the product of labor, intended for sale or Exchange;
11) bar code is a special code that is encrypted information on some of the most significant parameters of the goods placed on the packaging of the goods to identify optical prosmotrovym device.
2. In this Act, other concepts used in the values of certain civil and other laws of Turkmenistan, as well as the relevant articles of this law.
Article 2. The legislation of Turkmenistan in the sphere of commercial activity 1. The legislation of Turkmenistan in the sphere of commercial activity is based on the Constitution and consists of this law, other regulatory legal acts of Turkmenistan, regulate relations in the sphere of commercial activity.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
Article 3. Purpose and scope of this law 1. The objectives of this law are: 1) the establishment of an appropriate legal framework for the implementation of trading activities in Turkmenistan in conditions of free competition;
2) creating conditions for the most complete satisfaction of demand on consumer goods and services in a wide range, primarily domestic production, at affordable prices within the territorial availability;
3) formation of competitive Wednesday;
4) protection of life, health, safety and economic interests of buyers during the shopping service;
5) ensure respect for the rights and legitimate interests of commercial activities;
6) support for domestic producers of goods.
2. This law shall apply to the relations that arise in the process of implementing the trading activity in Turkmenistan, with the exception of the relations provided by paragraph 3 of this article.
3. The provisions of this Act do not apply to the relations connected with organization and implementation: 1) economic activity;
2) trading on commodity and stock exchanges;
3) of purchase and sale of real estate objects as well as objects of denationalization and privatization of State property;
4) of purchase and sale of certain types of engineering products, including electric energy (power), hydrocarbon, thermal energy (power), and other types of energy resources.
Article 4. Basic principles the main principles of trading activities trading activities are: 1) the equality of the rights of subjects of trade activity;
2) choose freely trading activities and modalities for trade;
3) fair competition;
4) observance of legal standards governing commercial activities;
5) compliance with antitrust rules;
6) the priority of the rights and legitimate interests of customers;
7) observance of interests of buyers, subjects of trade activities and the State;
8) ensuring a high level of culture shopping service;
9) free choice of business partners.
Article 5. State policy in the sphere of commercial activity, State policy in the sphere of commercial activity aimed at: 1) the creation of favourable conditions for the development of various trades;
2) sustainable system of goods circulation and preventing possible monopolies on the consumer market;
3) development of trade-related infrastructure;
4) support the domestic producers and the development of entrepreneurship;
5) providing quality merchant services;
6) Organization of State control in the sphere of trade;
7) protection of the rights and lawful interests of buyers, subjects of trade activities and the State.
Article 6. Measures of the State support Measures of State support for domestic producers domestic producers in trade are: 1) the Organization of fairs, exhibitions-sales of domestic production;
2) provision in the prescribed manner of advertising and information support for products of domestic production;
3) regulating large commercial sites part of providing access for sales of domestic production;
4) use measures financial support of trade activities, engaged in the sale of goods produced domestically;
5) establishment of a network of wholesale, wholesale and retail, food and other markets with the direct participation of producers.
Article 7. Trade rules 1. Trade rules-Regulation containing uniform requirements to subjects of trading activities on the implementation of trade and services, trade-related services.
2. Trade rules are mandatory for all subjects of trade activities.
Chapter II. State regulation of TRADE ACTIVITY
Article 8. Basis for State regulation of trade activity state regulation of trade activity is carried out by: 1) establishing requirements for the Organization and implementation of trading activities;
2) antimonopoly regulation;
3) development and improvement of the legal and information support;
4) implement measures to stimulate the development of trading activities and to enhance the competitiveness of domestically produced goods;
5) licensing of separate types of activity related to trade;
7) price controls on certain types of goods, including by establishing trade markups (extra charge) and discounts to the prices on them;
8) imposing restrictions and/or bans on the right to conduct trading activities in cases stipulated by the legislation of Turkmenistan;
9) State control over compliance with the requirements of the legislation of Turkmenistan on trade activities;
10) conduct of informational-analytical monitoring of the market of specific types of goods.
Article 9. Authorities exercising State regulation of trade activity
Bodies exercising State regulation of trade activity, are the Cabinet of Ministers of Turkmenistan, authorized government authority in the field of trade (hereinafter referred to as the authorized body), local executive bodies and local self-government, as well as other State bodies within their competence.
Article 10. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan in the sphere of the State regulation of trade activity: 1) defines a unified State policy;
2) alleges: (a)) the State programme for the development of trade;
(b)) list of socially important goods;
3) takes measures to protect the internal market;
4) publishes the normative legal acts;
5) coordinates the activities of government bodies, bodies of local self-government;
6) exercise other powers in accordance with the legislation of Turkmenistan.
Article 11. Competence of the authorized body of the authorized body in the sphere of the State regulation of trade activity: 1) implements a unified State policy;
2) develops and is in Cabinet of Ministers of Turkmenistan for approval the draft State programme for the development of trade;
3) promotes national and international exhibitions and fairs;
4) develops and maintains trade regulations and other normative legal acts within its competence;
5) develops and contributes to the Cabinet of Ministers of Turkmenistan offers: a) to improve the legislation of Turkmenistan in the sphere of commercial activity;
(b)) on measures to protect the internal market;
ç) to list of socially important goods;
6) Decides to hold sales of goods and lower prices in public shopping sites;
7) provides: a) State commercial registry and providing information from the State Register of Commerce;
(b)) cooperation and collaboration with foreign States and international organizations in the sphere of commercial activity;
ç) licensing of separate types of activity related to trade;
d) State monitoring of compliance with trade regulations, including through the control of purchase;
e) measures to meet the needs of the population in goods and services, including services of public catering;
ä) measures for the protection of consumers ' rights within its competence;
f) information-analytical monitoring of the market of goods and implementation of trading activities;
8) organizes courses to train personnel for the subjects of commercial activities;
9) agrees: a) layout of non-stationary trade facilities and their number;
b) posting commercial sites in accordance with the regulations the minimum availability of area retail buildings;
10) exercise other powers in accordance with the legislation of Turkmenistan.
Article 12. The competence of the local authorities and local self-government bodies of the local executive bodies and local governments in the area of the State regulation of trade activity: 1) provide, within their competence, to the implementation of the State policy in the field;
2) implementing measures to create conditions conducive to trade activities in the territory concerned;
3) contribute to the relevant public authorities proposals on minimum standards of security of the population of the territory in an area of commercial sites;
4) operate within the limits of their competence to regulate activities of trading activities;
5) in projects of development plans of the territory concerned include the construction of commercial facilities, as well as their placement in homes and other facilities, whose construction provides for specified projects;
6) in agreement with the authorized body shall develop and approve the layout of non-stationary trade facilities;
7) implement measures to achieve the level of security of the population of the area of commercial sites that are not below the minimum standards of security;
8) authorize the placement of commercial facilities in public places, including catering facilities;
9) conduct information-analytical monitoring of the market of goods and implementation of trade activity in the territory concerned;
10) carry out activities to promote the development of commercial activities in the territory, including the school organize bazaars, exhibitions-sales, fairs;
11) implementing measures for consumer protection within their competence;
12) sets the operating mode of the commercial sites;
13) exercise other powers in accordance with the legislation of Turkmenistan.
Article 13. Licensing of separate types of activity related to the sale of Licensing of separate types of activity related to trade, including in the area of import and realization of certain kinds of goods, canteens population and delivery of prepared food, is carried out in accordance with the legislation of Turkmenistan.
Article 14. Restrictions on the right to conduct trading activity restrictions on the right of realization of trade activities shall be established by the legislation of Turkmenistan.
Article 15. Standardization, certification and ensuring the uniformity of measurements in the area of trade
Standardization, certification and ensuring the uniformity of measurements in the field of trade is carried out in accordance with the legislation of Turkmenistan.
Chapter III. TYPES AND SPECIALIZATION OF TRADE ACTIVITY. FORMS of trade
Article 16. Commercial activities 1. The main types of trading activities are: 1) wholesale trade;
2) retail trade;
3) catering and services associated with it;
4) services related to buying and selling goods.
2. wholesale trade is conducted through a stationary storage facilities (shops-warehouses) to the provision of services related to the sale of goods.
3. retail trade is conducted through the fixed network (shops) and paper network (pavilions, kiosks, vending machines, tents, trays, specially equipped vehicles) or using other forms of trade in accordance with the present law.
4. Types of retailers are: very small-scale, Commission trade, deferred payment.
Very small-scale trade-type retailers associated with realization of goods not requiring special conditions of sale through retail network objects. To the retail trade network include: stationary and non-stationary very small-scale network (tents, kiosks, pavilions, vending machines); Mobile delivery tools and raznosnoj Commerce (shopping carts, mobile shops, vans, trays, baskets).
Commission trade-type retailers on one side (salesman) goods transferred to it under Commission agreement by the other party (the grounds) for the purpose of selling for profit goods deposited the Commission, individuals on the basis of a contract of sale.
Trade with installment payment-type retailers associated with selling goods or services with the specific terms of payment when the goods service provided immediately and in full amount, and payment is made by the individual payments in installments.
5. activities related to the catering is carried out in specialized facilities and catering. Depending on the services provided to users, catering facilities are classified by types in accordance with the regulations.
Under the specialized public catering network refers to the Organization of production in specialized shopping sites intended for release of certain homogeneous range of products (confectionery, pastry, culinary products or semi-finished products).
Article 17. Specialization of trade activity
Trading activity depending on the share of individual groups of goods sold may be universal or specialized.
Article 18. Forms of trafficking 1. Trade could be in the form of: 1) trade through individual communication with the buyer;
2) trading method;
5 distance selling);
6) visiting trade;
7) trade patterns;
8) trade using vending machines;
9) network marketing;
2. trade through individual communication with buyer-trade, in which the interaction of the seller and the buyer trade object occurs when personal direct contact.
3. trade-trade, self-service method in which the buyer receives the possibility of direct access to the goods for the selection of the desired product him with post-paid through settlement and cash point.
4. Auction sale-sale of goods, carried out through public bidding, which is regulated by the civil legislation of Turkmenistan.
5. Fair is organized periodically by the prescribed place trades (markets sample products) with a view to the conclusion of contracts of sale of goods.
6. Remote trading-trading, in which the contract of sale of goods is based on buyer's acquaintance with the description of the goods through catalogs, pamphlets, booklets, photographs, postal and electronic communications and the delivery of the goods to the buyer.
7. Visiting trade-retail trade, carried out in designated locations or on a certain territory outside of the permanent location of the commercial facility.
Visiting trade can be in the form of delivery and trade raznosnoj: 1) razvoznaâ trade is a form of retail trade, developed outside the stationary trade network, using specialized or specially equipped for trade of vehicles and mobile equipment used only together with the vehicle;
2) Peddler is a form of retail trade, developed outside the stationary trade network through direct contact with the buyer in seller organizations, transportation, home or road.
8. trade samples-sale of the goods under the contract of sale of goods retailer, entered into on the basis of acquaintance with a sample of the goods, buyer proposed the subject of trading activity, exhibited at the place of sale of goods. When selling goods on samples of the buyer is given the opportunity to familiarize themselves with the exhibited samples, selection and purchase of essential goods, as well as their delivery at a specified place, unless otherwise provided by the contract.
9. Trading using vending machines-trade, where the sale of goods is carried out through the use of automatic tools that allow you to get the product and make it pay at the location of such automated means without the participation of the very subject of trading activities.
10. Network marketing-a form of retail vnemagazinnoj, a special kind of direct (personal) sales, based on the establishment of a network of independent distributors (sales agents), that producers for remuneration establish direct contacts with potential buyers for the sale of goods on behalf of the manufacturer, as well as have the power to attract partners who have similar rights.
As distributors (sales agents) may make individual entrepreneurs and legal persons in civil legal relations with producer and engaged in the sale of goods on its behalf.
CHAPTER IV. ORGANIZATION OF COMMERCIAL ACTIVITIES. The PUBLIC COMMERCIAL REGISTER Article 19. Organization of trade activity 1. Organization of trade activity is carried out through the establishment of commercial sites (commercial networks), establish the requirements for the placement of each type of commercial facility, on the basis of rules of the law of Turkmenistan on urban planning, their equipment, determining the conditions of their operation (working time, minimum of assortment of the offered goods, professional and other qualities of personnel).
2. A trade object refers to a building or part of a building, structure or part of a building, structure or part of the structure, specially equipped Chambers manufacturing equipment that is designed and used to implement demonstration products, customer service, including persons with disabilities, spending cash payments when selling goods.
3. Trading objects are classified according to:
1) of architectural and construction characteristics-for stationary and Nonstationary;
2) from the amount of retail space (number of seats) is a small (up to 500 sq ft, 50 seats), medium (up to 1000 sq ft, 100 seats), large (over 1000 sq ft, more than 100 seats).
4. classification of commercial sites is carried out in accordance with regulations establishing the requirements for a range of goods, composition and quality of the provided services, technical equipment of the premises, methods and quality of service, staff.
5. Specialization trade object is determined by the subject of trading activities in consultation with local authorities and bodies of local self-government.
6. the legal status of commercial facility is determined by the legislation of Turkmenistan.
Article 20. Edit your profile commercial facility 1. Actors trading activities have become the owners of commercial properties in the process of denationalization and privatization of the State property with the usloviemsohraneniâ profile of trading activity, maintain trade profile of the object within the time limit specified in the contract of sale.
2. subjects of trading activities in the event of a change in the profile of the specialized trade objects that implement the bakery, dairy and vegetable products, dietary and children's meals are available, as well as in the event of a change in the profile of the commercial facility in connection with the transition to a different sphere of activity are obliged to notify the local executive bodies on the location of these commercial sites.
Article 21. The public commercial register 1. The public commercial register-unified information system containing information about merchants.
2. Maintenance of the State Register of Commerce, and providing information thereof is carried out by the notified body.
3. The information contained in the public commercial register are provided free of charge to interested persons in the manner prescribed by the notified body.
Article 22. Operating mode 1. Mode of operation of commercial properties, including retail catering, regardless of their form of ownership and departmental subordination establishes local executive authorities and bodies of local self-government in accordance with the legislation of Turkmenistan, on the basis of proposals from the subjects of trade activities.
2. The operation mode of shopping facilities are installed: 1) start time, end time, including weekends and holidays;
2) breaks for rest and food workers;
3) watches (days) needed to conduct sanitation.
3. Operation mode of the commercial facility is brought to the attention of buyers.
Article 23. Standards minimum availability of area shopping facilities 1. The purpose of the development of trading activities is to achieve minimum standards of security of the population of the area of commercial sites, the main criterion for assessing accessibility for the public food and non-food products and the level of satisfaction of his demand for such products.
2. Regulations of the minimum availability of area commercial properties developed and approved by the relevant government authority taking into account categories of settlements, structures and population density, the proposals by the local authorities and local self-government.
3. Minimum Standards of security of the population of area commercial properties are taken into account in territorial planning documents, master plans of settlements, trade development programmes, schemas, properties of non-stationary trade facilities.
Article 24. The requirement for landlords, providing rent retail facilities, trading places at merchants individual entrepreneurs and legal persons-landlords are required to enter into written lease commercial properties, trading places in shopping sites, including trading markets, in accordance with the legislation of Turkmenistan.
Article 25. Features of placing non-stationary trade facilities Accommodation non-stationary trade facilities is carried out in accordance with the scheme of placing non-stationary trade facilities in the territory concerned taking into account the need to ensure its sustainable development and the achievement of minimum standards of security of the population of the area of commercial sites.
Layout of non-stationary trade facilities are developed and approved by the authority of local executive authorities of the respective administrative-territorial unit in agreement with the competent authority.
Chapter v. IMPLEMENTATION of the TRADING ACTIVITIES of Article 26. Requirements for products circulating in the internal market 1. Treatment in the domestic market are subject to the goods of appropriate quality to meet the requirements established by the legislation of Turkmenistan.
2. Circulation of goods on the domestic market provides at presence accompanying the documents confirming their origin,-credit documents and certificate of conformity.
3. goods traded on the internal market should be marked, meets the requirements for the marking of consumer packaging of food and non-food items.
4. the labelling must contain the following information: 1) name of the country of origin of the goods;
2) registered address of the producer and his trademark;
3) product name;
4) composition (completeness) of the goods;
5) nutrition facts, information about absence of genetically modified organisms (GMOs) is for food products;
6) the date of manufacture;
7) shelf life, shelf life, service;
8) conditions of storage;
9) the name of the instrument, in accordance with which goods can be identified for domestic products;
11) other information in accordance with the legislation of Turkmenistan.
5. the information referred to in paragraph fourth of this article shall be contained on labels, labels, sheets-liners in the official language of Turkmenistan and Russian and/or English, and at the discretion of the manufacturer, also in other languages.
6. alcoholic products and tobacco products traded on the internal market, are subject to mandatory marking with excise stamps or special marks.
7. Storage and transport of goods should be carried out in conditions ensuring the safety of their quality and compliance with safety requirements for consumption, including storage conditions in specially equipped premises, transportation in vehicles specially designed for this purpose. In established cases, compliance with such requirements is confirmed by documented records.
8. it is prohibited to sell: 1) goods withdrawn from circulation;
2) products, limited oborotosposobnyh, without special authorisation;
3) goods manufactured in violation of copyright and/or related rights or the illegal use of someone else's trademark;
4) excise goods labelling in accordance with the established procedure, without them excise stamps or special stamps;
5) goods not conforming to the requirements for the marking of goods, established by this clause and other normative legal acts of Turkmenistan;
6) products that do not have accompanying documents;
7) goods of inadequate quality, inadequate security and not conforming to the requirements of normative documents;
8) other goods, forbidden to sell the legislation of Turkmenistan.
Article 27. Range of goods 1. Under the range of goods is a set of goods, to any one or all of the signs.
2. The subject of trading activities on the basis of product specialization, independently determines the range of goods for sale.
3. trading range by product groups should be brought to the attention of the population.
Article 28. Acceptance of goods 1. Under the grilles refers to the reception of the goods the subject of trading activities on the basis of the verification of compliance of goods technical standards on quantity, quality, completeness, as well as matching actual parameters with data from the incoming goods accompanying documents.
2. Acceptance of the goods shall be in accordance with the legislation of Turkmenistan and the contract of sale of the goods.
Article 29. Advertising goods 1. Advertising of the goods produced by informing buyers about the qualities, properties, and assigning the goods, including through outdoor advertising, demonstration at exhibitions, presentation of goods in action, testing of the goods by the buyer, providing discounts, handing out souvenirs in other ways.
The subject of trading activity has the right to distribute the product free adware, which advertised a merchant facility and range of goods.
2. no advertisement of goods with indication of incorrect information about its properties and quality assurance, as well as by an apparent decrease of the prices on it.
3. Prohibits any advertising of alcoholic beverages and tobacco products.
Article 30. Features of the fairs 1. Organizers of the fair can be public authorities and administrative bodies of local self-government, as well as entities trading activities.
2. the organizer of the fair develops and approves an action plan for the Organization of fairs, as well as determines the order and its mode of work, including the order and terms of trade places at the fair.
3. the organizer of the fair publishes in mass media and places on its Internet Web site information on plans of action for the Organization of fairs and order.
4. Trading places at the fair provided the subjects of trade activities, as well as other persons, producing agricultural and other products.
5. The fee for providing the equipped trading places at the fair, as well as for providing services related to trade (cleaning, conducting veterinary-sanitary examination and other services) is determined by the organizer of the fair taking into account the need to amortize its organization and conduct.
Article 31. Characteristics of sales of goods and special actions for goods 1. Under the sale of goods is understood as a form of retailing, where the sale of goods at reduced prices.
2. information on the sale of goods and the place of its holding shall be communicated to the population of not less than five days prior to its beginning.
3. Sale of goods is recognized as such under the following conditions: 1) If you are on sale all products within a certain place or precisely defined group of goods;
2) occurs in a limited and specified period of time;
3) prices below regular prices for the goods.
4. Subject to the trading activity is obliged to indicate the unit price of the goods offered for sale. Inscription price must contain two prices: the original and reduced.
5. Discounts on merchandise at their sale is determined by the subjects of trade activities, depending on the type of product and the shopping format object. Discounts are classified on a bonus, wholesale, trading, seasonal.
6. If the goods are rasprodaëtsâ at a discount due to a defect, the receipt or other document issued by buyer is marked "defect". In the absence of such a mark and defect detection after the purchase the buyer has the right to hand over the goods back.
7. the price of the product concerned, that has reduced price, there should be no less than 30 days since the announcement of the sale or discounts on products.
8. The subject of trading activity has the right to conduct clearance.
Under special shares refers to the establishment of a discount on the price of goods in order to stimulate demand for them. The frequency and content of the special action is determined by the subject of trading activities.
9. the decision to hold sales of goods and lower prices in public shopping sites was adopted by the parent body of the subject of trading activities.
Article 32. Settlement and payment system in the sphere of commercial activity 1. Calculations and payments in the sphere of commercial activity carried out in cash and cashless forms, including through the use of electronic means of payment (card), in accordance with the legislation of Turkmenistan.
2. It is prohibited to restrict the use of electronic means of payment (card), if not otherwise provided by the legislation of Turkmenistan.
3. When retail sales of goods to the buyer together with the goods issued mandatory accounting document in the prescribed form with the use of electronic cash and equipment for payment through electronic means of payment (card) on the purchase amount, except where in accordance with the legislation of Turkmenistan monetary settlements with a population can be performed without their use.
Article 33. Pricing in the sphere of commercial activity prices are determined by the subjects of trade activity alone or by agreement of the parties to the Treaty, excluding goods whose prices are regulated by the State.
CHAPTER VI. The Rights And Duties Of Subjects
Article 34. The rights of subjects of trade activity 1. Actors trading activities in carrying out trading activity have the right independently to determine: 1) view of trading activity;
2) form of trade;
3) specialization of trade activity;
4) type of trading facility;
5) order and conditions for the exercise of commercial activities, including: (a) the range of goods sold);
b) methods and means by which the sale of the goods;
ç) number, types, models, technological equipment, inventory;
d) ways of bringing to the buyers information about products offered for sale on services;
6) the prices of the goods sold, excluding goods whose prices are regulated by the State;
7) form of advertising on the site and in its display cases;
8) other conditions for the exercise of commercial activities.
2. subjects of trade activities can carry out trading activities with or without the right to acquire ownership of the goods.
Article 35. Responsibilities of the actors in the implementation of trading activities trading activities trading activities of entities shall: 1) abide by trade rules;
2) to sell good quality products that meet the requirements of security, if you have a certificate of conformity;
3) sell the product on the parameters set by the public offer terms respectively, contracts for the sale of goods or other transactions;
4) provide to the buyer the necessary and accurate information on the quality and location of origin, consumer characteristics, warranty and order claims, techniques and rules of use of the goods, storage and, in the case of registration of a claim in the Court-also on the location and other details of the subject commercial activities or supplier (manufacturer);
5) post instrumentation, attorneys in accordance with the requirements of the State system of assuring measurement uniformity, shared location commercial facility, be responsible for their condition and timeliness checking;
6) in cases where the buyer doubts in mass (volume) or the length of the goods to provide him with the opportunity to independently verify specified characteristics using instrumentation;
7) at the request of the buyer to bring him the receipt document, certificate of compliance or a copy of the conformity certificate, certified in the prescribed manner;
8) when vzaimorasčëte on the use of electronic cash registers and equipment for payment through electronic means of payment (card) in the manner and cases stipulated by the legislation of Turkmenistan;
9) shoot with the realization of the product that does not meet the requirements for safety, marking and packaging of the product that installed the relevant normative legal acts of Turkmenistan;
10) to carry out the requirements of the State bodies, endowed with powers of supervision and control, made in the prescribed manner;
11) ensure that persons working in the catering and retail facilities directly serving customers in trading halls in original (uniform) dress set design;
12) provide a high level of culture, commercial services, respect for buyers;
13) does not allow actions which violate consumer rights established by the legislation of Turkmenistan.
Actors trading activity may have other duties in accordance with the legislation of Turkmenistan.
CHAPTER VII. Contract of sale of GOODS Article 36. A proposal to conclude a contract for the sale of goods (the offer) 1. A proposal to conclude a contract for the sale of goods (the offer) is considered as having been made, if it identifies the name of the goods, as well as, directly or indirectly, their quantity and price or lays down the procedure for their establishment.
2. Proposal to conclude a contract for the sale of goods (offer) are exhibited in glass cases of trade goods objects (specimens) with price labels, menus, catering facilities, as well as catalogues and other promotional material about products, published on the website of an online shop, in the media. Offer accepted also the goods available in the vending machine.
3. The buyer has the right to purchase the product, available from the subject of trading activity at the time of conclusion of the sales contract, as well as goods which will be available in the future, unless otherwise prescribed by the legislation of Turkmenistan or the terms of the contract of sale of the goods.
Article 37. The contractual relationship in implementing retail 1. In the implementation of the specific conditions of retail sale of a certain type of goods shall be determined by the subject of trading activity and the buyer yourself.
2. retail Contract for the sale of goods is considered to be concluded in the following cases: 1) the consent of the buyer to purchase the offered goods and pay immediately or within a specified period by the parties;
2) adoption subject to the trading activity of the order for the goods from the buyer.
3. a contract for the retail sale of goods, the transaction is in oral form.
Contract retail sales with deferred payment, according to preliminary orders and in other cases shall be in writing.
4. a contract for the retail sale of goods may be subject to the trading activity of additional responsibilities, including the protection of the goods sold, additional packaging, forwarding and other duties.
5. a retail sale of goods is fulfilled in the case of transfer of the goods subject to the trading activity of the buyer and the payment of the buyer.
Article 38. Features of the contractual relationship with the implementation of the distance selling 1. The subject of trading activity based on information posted on the site Internet-shop, in the catalogue or in the media (the offer) is obliged to enter into a contract with any person, have expressed their intention to buy the goods proposed in its description.
While retail prior to entry into the contract of sale of the goods to the buyer shall be informed of the time-limit within which a proposal for his opinion.
2. on the basis of such an offer, the buyer gives its consent to the conclusion of a treaty for the retail sale of goods on the charges against conditions through the checkout as filling an order form on the site, the phone call entity trading activity to place an order or otherwise, the proposed subject of trading activities.
3. Contract retail sale of goods is considered to be concluded with the receipt of the subject of trading activity reports about the intention of the buyer to purchase goods, then condition contract retail sale of goods are not subject to change.
Article 39. The contractual relationship with the Commission trade 1. Under the Treaty the Commission Commissioner undertakes on its own behalf and on behalf of him to sell his product, and shall on the execution of the order shall pay the agent a Commission.
2. The conditions of Commission trade implemented products both new and second-hand (exploitation), suitable for use not requiring repair or restoration.
Article 40. Contractual relations when trading with installment payment 1. Deferred payment sale durables produced commercial entity by agreement of the parties, upon presentation by the buyer to the surety of third persons. The sale of such goods shall be carried out at prices valid on the day of the sale. Subsequent changes in the prices of goods sold with installment payment shall not entail the recalculation of the value of the goods.
2. contractual relationships of sale with deferred payment shall be regulated in accordance with the civil legislation of Turkmenistan.
Article 41. The contractual relationship in the purchase and sale of goods involving trade representatives, brokers relations in the sphere of trade involving sales representatives working for contract orders, the brokers (brokers) are regulated by the civil legislation of Turkmenistan.
Article 42. The contractual relationship in a bulk sale of goods
1. wholesale Contract sale of goods can be long-term, short-term, one-off.
2. wholesale Contract for the sale of goods should contain: 1) the name, range, number, information about the quality of the sold goods;
2) send (transmit) of goods;
3) the price of the product;
4) way of transportation (transfer) of goods, order forms and payments for them;
5) packaging requirements and packaging of goods, order and terms of repayment;
6) responsibility for non-fulfilment or improper fulfilment of the terms and conditions of the agreement.
3. a contract of sale of goods wholesale can be are also responsibilities of the subject commercial activities not related to trading activities (production of billets, hire of equipment, expedition and others).
4. wholesale Contract of sale shall be deemed to be satisfied if the performance of the following conditions: 1) payment of the purchase price of the goods;
2) dispatch of the goods during transportation to the buyer;
3) the transfer of goods in stock trading activities subject or buyer.
Agreement of the parties may be a different procedure for performance of the contract and wholesale sale of goods.
CHAPTER VIII. TRADE SERVICE Article 43. Procedure for the exercise of commercial services 1. Commercial customer service can be carried out directly in the shopping site, equipped commercial premises, markets and other places dedicated to trading activities, providing catering services.
2. for the convenience of buyers trade service can be implemented in enterprises and agencies in specially designated areas, as well as at home, through the Organization of outbound trade.
3. Commercial Service is performed by the method: 1) personal service;
4) services using slot machines;
5) service remotely.
4. Trade service units in the territories, rail, air and sea transport, in the customs area, correctional facilities, while rotational service production and in other cases may be carried out by ad hoc trade objects entities trading activities taking into account the specific conditions of the accepted contingent.
5. individuals can trade in the market of berries and fruits garden plants, fruits, potatoes and vegetables, eggs, meat, milk, flowers grown (produced) in private farms-Homestead plots as well as personal belongings, second-hand, without State registration as an individual entrepreneur.
When you do this, be sure to view the documents confirming the existence of personal subsidiary plots-plots of land.
Article 44. Documents required when commercial service when carrying out commercial services subject to the trading activity should be available: 1) the certificate of State registration;
2) licences for activities related to the sale, unless otherwise provided by this law;
3) sanitary-epidemiological conclusion on the compliance of commercial facility sanitary norms and rules;
4) commercial facility lease agreement or document of title to commercial property, lease the land or nonresidential property to install commercial facility;
5) a decision of an organ of local executive authorities or local authority about the mode of operation of the trading facility;
6) certificate of State fire safety;
7) a document confirming the calibration of measuring devices by a public authority in the area of ensuring the uniformity of measurements;
8) supporting documents, including: (a) the Bill of lading the goods are being implemented), other documents indicating the origin of the goods;
b) conformity certificate and (or) documents confirming quality and safety of goods;
9) other documents stipulated by the legislation of Turkmenistan.
Article 45. Features trade customer service by arrangement of goods 1. Actors trading activity can organize trade customer service by arrangement of products in the range and in the form of standard sets. Standard sets can contain sets of goods for various purposes.
2. The buyer is entitled to make an order for the purchase of goods directly to the subject of trading activity. Orders can also be carried out on the basis of the submitted samples of goods or descriptions contained in brochures, catalogues, leaflets and other promotional materials, including those transmitted in the form of electronic mail messages.
3. The time of reception of orders and release of the goods shall be determined by the subject of trading activities.
4. Way of delivery of the goods according to preliminary orders, as well as the form of calculations are agreed between the buyer and the subject of trading activities.
5. admission price and ordering is determined by the subject of trading activity and paid by the buyer simultaneously with calculation for goods.
Article 46. Features of commercial services through vending machines 1. Vending machines are designed to provide buyers of goods constant (daily) demand at any time of the day.
2. at each vending machine must be indicated subject information trading activities is the owner of the vending machine, its legal address and contact phone number.
3. it is not allowed to sell through vending cigarettes and tobacco products, alcoholic beverages and beer, energy drinks, medicines, including those containing narcotic drugs or psychotropic substances, pyrotechnic articles, playing cards.
Article 47. Trading service for individual categories of buyers selected categories of buyers are granted benefits and perks in the merchant service. List of selected categories of buyers and their benefits and advantages in commercial service are established by the Cabinet of Ministers of Turkmenistan.
Article 48. Restrictions commercial service 1. Prohibits the sale of alcoholic beverages, tobacco products, playing cards, Fireworks to persons under 18 years of age.
2. the seller of commercial facility in case of doubt in the age of the buyer shall be obliged to: 1) require passport (alternate document) in order to determine the actual age of the buyer;
2) to refuse a sale if no passport seized (substituting document).
3. restrictions on the commercial service also apply to persons in commercial premises in a State of intoxication caused by alcohol, drugs or other intoxicating substances that disrupt public order.
CHAPTER IX. LABOUR RELATIONS In The Sphere Of Commercial Activity. RIGHTS of BUYERS Article 49. Labour relations in the sphere of commercial activity 1. Labour relations in the sphere of commercial activity regulated by labour legislation of Turkmenistan, the labour contract and the collective agreement (the agreement).
2. features of working hours and rest periods, working conditions of certain categories of trade workers, whose work is directly related to the acceptance and sale of goods, shall be fixed taking into account the views of the Trade Union.
3. For workers whose activities are directly related to the servicing of customers, production and consumption of products catering organization, be sure to: 1) passage of preliminary and periodic medical examinations (surveys) at the expense of the employer and the availability of medical document about health;
2) professional education or training;
3) necessary knowledge, safety and sanitation.
4. the employer is obliged to ensure the improvement of professional skill of workers.
Article 50. Purchaser's rights and their protection and the protection of the rights of the buyer provided in accordance with the legislation of Turkmenistan in the field of consumer protection.
Chapter x. CONTROL in the sphere of commercial activity, article 51. State control in the sphere of commercial activity 1. State control in the sphere of commercial activity is carried out in order to ensure compliance with the actors trade activities in carrying out trade activities with the requirements of the present law and other normative legal acts of Turkmenistan.
2. State control in the sphere of commercial activity exercised by the public authorities, are members assigned with the powers of supervision and control, within the limits of their competence (article-public authorities control).
3. Review of the subjects of trade activity is carried out by authorized employees of the State control bodies only on presentation of i.d., except when they carried out the control purchase.
Under control the purchase means the Act under State control in the sphere of commercial activity carried out by employees of the State control bodies, consisting in the purchase of goods with payment of its value without being i.d. with a view to verifying compliance with the sudden trade rules.
When you have finished checking and presenting inspection service identity of goods bought on a control purchase, return to their cost.
4. the results of the checks shall be made in the prescribed manner.
5. State control bodies exercise their powers in accordance with the regulations, approved by the Cabinet of Ministers of Turkmenistan.
6. the officials and other employees of the State control bodies shall be borne in accordance with the legislation of Turkmenistan responsible for bias and distortion of the results of inspections, as well as for public disclosure and other secrets protected by the law, which became known to them when carrying out inspections of commercial activities.
7. the actions of the State control bodies and the persons carrying out the inspection may be appealed in accordance with the legislation of Turkmenistan.
Article 52. Public control in the sphere of commercial activity public control in the sphere of commercial activity is carried out by consumer protection associations of consumers, as well as trade unions in accordance with the legislation of Turkmenistan and their statutes.
Article 53. Suspend (termination) of goods, removal of goods
Suspend (termination) of goods, seizure of goods produced by public authorities in the sphere of commercial activity in the order established by the legislation of Turkmenistan.
Article 54. Creation, reorganization, suspension and cessation of activities, the Elimination of trade object creation, reorganization, suspension and cessation of activities, the Elimination of commercial facility are conducted in accordance with the legislation of Turkmenistan.
CHAPTER XI. FINAL PROVISIONS Article 55. Consideration of references of citizens actors trading activities
In order to protect the legitimate rights and interests of consumers in the sphere of commercial activity subjects commercial activities are required to timely, objective and comprehensive review of the treatment of citizens, to verify the facts contained therein, take decisions in accordance with the legislation of Turkmenistan, to enforce them, inform citizens of the results of consideration of applications.
Article 56. Liability for violation of this law persons guilty of violating this law bear responsibility in accordance with the legislation of Turkmenistan.
Article 57. Settlement of disputes disputes arising in the area of trade activities are resolved in the order established by the legislation of Turkmenistan.
Article 58. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. the void: the law of Turkmenistan on July 5, 2002 "on trade" (records of the Mejlis of Turkmenistan, 2002, no. 2, p. 20);
The law of Turkmenistan on August 19, 2004 "on introduction of amendments to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2004, no. 4, p. 30);
part XXXVII, Turkmenistan law dated April 18, 2009 year amending, supplementing and repealing certain acts of Turkmenistan "(records of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 33);
item 8 of part 1 of the Act of March 31, 2012 "on amendments and additions to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2012, no. 1, p. 48).
Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 26, 2016 year no. 370-V.
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