Under the Law of Turkmenistan "On Licensing of Certain Types of Activities", some types of business activities must be licensed in Turkmenistan.
What is a license?
License is a permission to engage in licensed type of business activities and activities in the provision of professional services. It is issued by the licensing authority to the licensee, with mandatory compliance with licensing requirements and conditions.
The State Registry of Licenses is a state information system built on uniform methodological and software-technical principles, including information on issuing (refusing to issue) a license, amending the license, renewing, renewing, suspending, renewing, terminating and revoking a license, and other necessary information related to licensing.
Foreign legal entities and individuals, as well as stateless persons are entitled to receive licenses under the same conditions and in the same manner as legal entities and individuals of Turkmenistan, with the exception of restrictions on the implementation of certain types of activities established by the legislation of Turkmenistan.
Licensing should not contribute to the monopolization or restriction of the freedom of entrepreneurial activities and professional services.
Licensed activities include those activities, the implementation of which may entail damage 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 other than licensing.
A license is issued separately for each licensed activity.
The type of activity for which a license is obtained can only be performed by the person who received the license.
The license covers the entire territory of Turkmenistan, with the exception of restrictions established by the legislation of Turkmenistan.
When the implementation of a separate type of activity requires another permit besides a license, (allotment of a land plot, etc.), such permits are issued after obtaining a license. Permission in the absence of a license is invalid.
Activities subject to licensing
In accordance with the Law of Turkmenistan “On Licensing of Certain Types of Activities”, the following activities are subject to licensing:
- medical activities;
- pharmaceutical activities;
- medical and technical activities;
- disinfection and deratization activities;
- veterinary activities;
- activities in the field of livestock breeding, karakul production and sale;
- seed-growing activities;
- activities associated with fishing and prey of other aquatic animals;
- activities for the use of natural resources and environmental protection;
- activities for the sale of petroleum products and fuel and lubricants materials;
- activities in the field of import, sale of alcohol, alcoholic beverages, tobacco products;
- activities in the field of production and sale of food and feed, also to provide consumers with bottled drinking water;
- activities to organize food points of the population and the delivery of prepared food;
- standardization activities and metrology;
- activities in the field of industrial safety, design and construction of hazardous facilities and the transport of dangerous goods;
- activities in the field of fire safety;
- aviation activity;
- transportation, forwarding activity on sea and inland water transport;
- transportation, forwarding activity on road transport;
- activity in the field of electric power industry;
- activity in the field of communication;
- activity in the field of import, production and sale of chemical products;
- geodesic and cartographic activities;
- activities in the production of building materials, products and structures;
- activities in the field of construction;
- activities in the field of education and training;
- sports and physical training services;
- activities related to gambling and cash games;
- insurance activities;
- professional activities in securities market;
- valuation activities;
- real estate activities;
- banking activities;
- activities related to precious metals and precious stones;
- activities carried out under certain customs regimes and the provision of customs services;
- the provision of legal assistance to legal entities and individuals;
- activities in the field of narcotic drugs, psychotropic substances and precursors;
- activities related to the employment of citizens abroad;
- activities in the field of culture and art;
- activities related to the public demonstration and distribution of audio, video and film products;
- activities in the sale of motor vehicles;
- road activities;
- lottery activities.
The procedure for obtaining a license
To obtain a license, a license applicant must submit to the appropriate licensing authority an application which must contain following information:
For a legal entity: the full name, number and date of state registration, legal form, legal address, type of activity and term of its implementation, as well as the actual location where the license applicant intends to carry out this type of activity, an extract from the Unified State Register of Legal Entities, as well as a power of attorney or order certifying the powers of a representative of a license applicant;
For an individual: last name, first name, patronymic, place of residence, passport details, the number and date of individual’s state registration document (for an individual registered as an individual entrepreneur), individual tax number, type of activity and term of its implementation, as well as the actual place where the license applicant intends to carry out this type of activity, a certified copy of the state registration of the license applicant as an individual entrepreneur and a copy of his/her passport.
Other documents confirming his ability to fulfill licensing requirements and conditions, the list of which is determined by the provisions on licensing, are attached to the application.
More detailed information available in the Law of Turkmenistan adopted on June 25, 2008 No. 202-III “On Licensing of Certain Types of Activities”.
BT Legal Affairs Department