Obtaining a license is not only for those who plan to do big business. If you provide professional services even to a narrow circle of people, then you should also legalize your activities. In this article we will talk about licensed activities in Turkmenistan and answer the questions — who should get a license and what is necessary for this.

Licensed are those types of activities, the implementation of which is capable of causing damage (harm) to the rights, legitimate interests, morality, life and health of citizens, the defense capability and security of the state, the cultural heritage of the Turkmen people, the environment.

According to the Law of Turkmenistan "On licensing of certain types of activities", licensing is subject to:

– medical activity;
– pharmaceutical activity;
– medical and technical activities;
– activities for disinfection, disinsection and deratization works;
– veterinary activities;
– seed production activities;
– activities on the use of natural resources and environmental protection;
– activities for the sale of petroleum products and fuels and lubricants;
– activities in the field of production, import and sale of alcohol, alcoholic beverages, tobacco products;
– activities in the field of production of infant formula, dairy and other nutritional products, homogenized products;
– activities to provide consumers with bottled drinking water;
– industrial safety activities, design and construction of hazardous facilities, as well as transportation of dangerous goods;
– fire safety activities;
– aviation activity;
– transportation activities by sea and inland water transport;
– freight forwarding activities;
– road transport activities;
– activities in the field of electric power industry;
– communication activities;
– cybersecurity activities;
– activities in the field of import, production and sale of chemical products;
– geodetic and cartographic activities;
– construction activities;
– activities in the field of education and professional training;
– printing activity;
– publishing activity;
– tourism activities;
– activities related to gambling and money games;
– audit activity;
– insurance activities;
– professional activity in the securities market;
– evaluation activity;
– banking activities;
– activities related to precious metals and precious stones;
– legal assistance activities for individuals and legal entities;
– activities in the sphere of trafficking of narcotic drugs, psychotropic substances and precursors;
– activities related to the employment of citizens in foreign countries;
– activities in the field of culture and art;
– activities related to the public demonstration and distribution of audio, video and film products.

A license is issued separately for each licensed type of activity, which can only be performed by a person who has received a license. It cannot be transferred to any other party. The license applies to the entire territory of Turkmenistan (with the exception of restrictions established by the legislation of Turkmenistan).

License validity period:

– for the performance of professional services and banking activities – without limitation of the validity period;
– to carry out activities (except banking, import of alcohol, alcoholic and tobacco products) − for a certain period, but not less than three years;
– for the import of alcohol, high–quality alcoholic beverages and tobacco products not produced in Turkmenistan - for a period not exceeding one year.

The licensee must necessarily comply with the legislation of Turkmenistan, environmental, sanitary-epidemiological, hygienic, fire-fighting norms and rules; comply with qualification requirements, as well as special conditions; have internal control rules in order to counteract the legalization of proceeds from crime and the financing of terrorism.

How to get a license

Step 1. Submit an application for a license to the appropriate licensing authority.

Legal entities must indicate the full name, number and date of state registration, organizational and legal form, legal address, type of activity and duration of its implementation, as well as the actual location where the license applicant intends to carry out this type of activity.

Individuals indicate the surname, first name, patronymic, place of residence, passport data, number and date of the document on its state registration (for individuals registered as an individual entrepreneur), individual tax number, type of activity and the period of its implementation, as well as the actual location where the license applicant intends to carry out this type of activity.

Step 2. Attach to the license application:

– for a legal entity – copies of constituent documents, an extract from the Unified State Register of Legal Entities, as well as a power of attorney, a contract for the provision of services or an order certifying the powers of a representative of the license applicant;
– for an individual – a copy of the document on the state registration of the license applicant (for individuals registered as an individual entrepreneur) and a copy of his passport.

The applicant's application for a license is accompanied by other documents confirming his ability to fulfill the license requirements and conditions. The list of these documents is determined by the licensing authority in connection with the requirements for subspecies and other requirements imposed on the license applicant. Licensing authorities are not entitled to require the submission of other documents that are not provided for by Law and Licensing Regulations.

Step 3. The license application and the documents attached to it according to the inventory are accepted on the day of their receipt by the licensing authority with a note on the date of acceptance. A copy of the application is handed to the license applicant with a note on the date of admission.

Step 4. Licensing authorities, within twenty (20) calendar days from the date of receipt of the application, verify the completeness and reliability of the information contained in them, the possibility of the license applicant fulfilling the established licensing requirements and conditions, on the basis of which they make a decision to issue or refuse to issue a license.

Then, within three (3) working days after the decision is made, the license applicant is notified in writing of the decision to issue or refuse to issue a license, indicating the reasons. The notification of the license is handed over to the license applicant with the indication of the bank account details and the deadline for payment of the state fee.

Step 5. The license is issued within five (5) working days after the submission of the document confirming the payment of the state fee. The state fee may be paid by the applicant himself or by another person. If the state fee has not been paid within thirty (30) calendar days, the licensing authority may decide to invalidate the decision to issue a license.

It is not allowed to obtain a license without state registration of a legal entity and an individual entrepreneur. The exception is the implementation of professional services activities. In this case, registration of an individual as an individual entrepreneur is not required.

In the event of a change in the organizational and legal form of a legal entity, its name, legal address or the actual location of the licensed activity, as well as in the case of a change in the surname, name, passport data, place of residence of an individual or the actual location of the licensed activity, the licensee is obliged to submit an application for renewal of the license.

Licensing authorities may suspend the license if they or other regulatory authorities detect repeated violations or gross violations of license requirements and conditions. Then the authority is obliged to appoint a period for the elimination of these violations from 3 to 6 months. After the violations are eliminated, the licensee submits an application for renewal of the license. If violations have not been corrected, the license may be revoked.

The license becomes invalid in the following cases:

– expiration of the license;
– license cancellation;
– liquidation of the licensee-legal entity;
– termination of the activities of the licensee-an individual as an individual entrepreneur or in the event of his death;
– recognition by the court of an individual as incapacitated or with limited legal capacity;
– adoption by licensing authorities on the basis of the licensee's application of a decision on early termination of the license.

Responsibility for operating without a license

If a person conducts activities subject to licensing without a license, then in accordance with the Code of Turkmenistan on Administrative Offenses, financial sanctions are applied to him in the form of transferring the profits received to the income of the Centralized Budget of Turkmenistan. If the funds are not paid voluntarily, the authority applies to the court with a statement of claim. The amount of the financial sanction is reduced in accordance with the amount of taxes paid on such profits.

If, during the inspections, the absence of accounting for profits or expenses is revealed, then the supervisory authority establishes the estimated amount of profit using the estimated cost of selling goods (works, services), profitability in the amount of 25 percent (8 percent of turnover — for trading activities).

State regulation in the field of licensing is assigned to the Cabinet of Ministers of Turkmenistan, and licensing control is carried out by the Ministry of Finance and Economy of Turkmenistan.

ORIENT