Procedure for granting licenses
Licenses for subsoil use are issued in accordance with the laws “On subsoil”, “On licensing of certain types of activities” and on the basis of the “Regulations on the specifics of licensing certain types of activities” approved by the Resolution of the GoT dated April 03, 2007 No. 172.
Subsoil is provided for use:
- - for geological exploration,
- - extraction of minerals, including the use of waste from mining and related processing industries,
- - construction and operation of underground structures,
- - the formation of specially protected geological objects,
- - collection of mineralogical, paleontological and other geological collection materials (ZRT “On the bowels”, article 7)
Currently, there are two systems for granting the right to use subsoil in Tajikistan – licensing and through direct negotiations.
According to article 1 of the LRT “On licensing certain types of activities”: a license is a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions,
issued by the licensing authority to a legal entity or individual entrepreneur;
a licensed type of activity is an activity for the implementation of which a license is required in the territory of the Republic of Tajikistan in accordance with the current legislation;
licensing – activities related to the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses, cancellation of licenses and control of licensing authorities over compliance by licensees in the implementation of licensed activities with relevant licensing requirements and conditions.
Licensing requirements and conditions – a set of requirements and conditions established by the “Regulations on the specifics of licensing certain types of activities”, which must be met by the licensee. Licensing bodies are executive bodies that carry out licensing in accordance with this law.
The licensing body is the Government of the Republic of Tajikistan, licensing executive bodies:
- search, assessment and exploration of geological subsoil and collection of mineralogical, paleontological and rocks – the Main Department of Geology under the Government of the Republic of Tajikistan;
- for oil and gas production – Ministry of Energy and Water Resources of the Republic of Tatarstan;
- for coal mining, the use of other minerals of a mining and non-mining nature, incl. use of industrial waste from the mining industry and their processing – Ministry of Industry and New Technologies of the Republic of Tatarstan (Resolution of the PRT dated December 31, 2014, No. 830).
Licensing authorities exercise the following powers (LRT “On licensing certain types of activities”, Article 6):
- - provision of licenses;
- - reissuance of documents confirming the existence of a license;
- - extension of the license validity period (as amended by ZRT dated 28.07.2006, No. 195);
- - suspension of the license;
- - renewal of the license;
- - revocation of the license;
- - keeping a register of licenses;
- - control over compliance by licensees with license requirements and conditions.
In accordance with the requirement of the LRT “On licensing certain types of activities” and “Regulations on the specifics of licensing certain types of activities”, a license is issued in the name of a specific legal entity. The license specifies the name of this company and, therefore, the license cannot be resold or transferred to another person. Also, in accordance with Chapter 12 “Provisions on the specifics of licensing certain types of activities”, transfer of a license to another Page | 36 an individual or legal entity may lead to the suspension of the license.
During 2015-2016. licenses have not been transferred or sold to others.
Documents required for obtaining a license in accordance with the LRT “On licensing certain types of activities”
1. In accordance with Article 9 of the LRT “On Licensing Certain Types of Activities”, in order to obtain a license, the license applicant must submit the following documents to the appropriate licensing authority:
- an application for a license with an indication of the licensed type of activity, which indicates:
- for a legal entity – name and organizational and legal form, legal address and location, current account number and bank branch;
- for an individual entrepreneur – surname, first name, patronymic, place of residence, passport, number and date of its receipt (as amended by ZRT of July 28, 2006, No. 195);
- as well as the licensed type of activity that an individual entrepreneur and a legal entity intend to carry out, and the period during which the specified type of activity will be carried out (as amended by ZRT dated July 28, 2006, No. 195);
- - a copy of the certificate of state registration of a citizen as an individual entrepreneur – for an individual entrepreneur;
- - a copy of the certificate of registration of the license applicant with the tax authority;
- - a document confirming the payment of the license fee for the consideration by the licensing authority of an application for a license;
- - information on the qualifications of the license applicant’s employees.
In addition to the documents specified in clause 1, the “Regulation on the specifics of licensing certain types of activities” provides for the submission of other documents confirming the compliance of the license applicant with the established requirements and conditions.
It is not allowed to demand from the license applicant to submit documents not provided for by this Law and the “Regulations on the specifics of licensing certain types of activities”. All documents submitted to the relevant licensing authority for the granting of a license are accepted according to the inventory, a copy of which is sent (handed) to the license applicant with a note on the date of receipt of the documents by the specified authority.
2. A license for subsoil use is issued for a period of at least 3 years (as amended by ZRT dated 13.06.2007, No. 277). If the subsoil user violates the license requirements and conditions, or repeated violations are revealed, the licensing authority has the right to suspend the license for a period not exceeding three months. If the deficiencies are not eliminated within the specified time period, the licensing authority applies to the court with an application to annul the license.
3. The licensing authority makes a decision on granting or refusing to grant a license within a period not exceeding thirty days from the date of receipt of an application for a license with all the necessary documents. The corresponding decision is formalized by the order of the licensing authority.
The grounds for refusal to grant a license are:
- - the presence in the documents submitted by the license applicant, inaccurate or distorted information;
- - if the objects belonging to the license applicant, used by him, do not meet the licensing requirements (as amended by ZRT dated 28.07.2006, No. 195);
- - if for the specified type of activity the relevant authority issued a negative conclusion on compliance with the conditions of activity and the requirements for the specified type of activity (as amended by ZRT dated 28.07.2006, No. 195).
Refusal to issue a license on the basis of the amount of products (works, services) produced or planned for production by the license applicant is not allowed. The license applicant has the right to appeal the refusal of the licensing authority to grant a license or its failure to act in court.
1. The decision to grant a license and the document confirming the existence of a license shall indicate:
- - the name of the licensing authority;- name and organizational and legal form, legal address and location – for a legal entity;
- - last name, first name, patronymic, place of residence, data of an identity document – for an individual entrepreneur;
- - licensed type of activity;
- - registration number, date and duration of the license;
- - taxpayer identification number;
- - license number;
- - the date of the decision on the granting of the license (ZRT of July 28, 2006, No. 195, Article 11)
The amount of license fees for issuing a license for the types of activities provided for in Article 18 of the Law is determined by the Government of the Republic of Tajikistan, for each type of activity in the “Regulations on the specifics of licensing certain types of activities” (as amended by ZRT dated 28.07.2006, No. 195).