LAW OF THE REPUBLIC OF TAJIKISTAN ON CERTIFICATION OF PRODUCTION AND SERVICES

(In edition of Law RÒ, May 3, 2002 N 24 on 30.07.2007. ¹ 307)

The present Law establishes legal, economic bases of certifications ïðîäóêöèé, works and services and other objects (farther-products) in the Republic of Tajikistan, and also the rights, duties and the responsibility of participants of certifications.

SECTION I GENERAL PROVISIONS

Article 1. The basic concepts and the purposes of certification

Certification of production (for farther -certification) - activity on acknowledgement of conformity production to the established requirements.

The state (national) system of certifications - system acting the State level which having own rules of procedure and management for carrying out of certifications.

The certificate of conformity (further - the certificate) - the document which has been given out by rules of system of certifications for acknowledgement of conformity of certified production by the requirement of normal documents.

Sign on conformity - the sign registered when due hereunder which conformity of the certification of production marked by it the established requirement proves to be true.

Certification is carried out with a view of:

Protection of interests of consumers in safety issues of production for a life, health and property, preservation of the environment, information compatibility and interchangeability of production,

Creation of conditions for activity of the enterprises, establishments, the organizations and businessmen in the uniform commodity market of the Republic of Tajikistan, and also for participation in the International economic, scientific and technical cooperation and international trade,

To assistance the consumers in a competent choice of production, acknowledgement of parameters of quality of production, declared by the manufacturer (seller).

Certification can have obligatory and voluntary character.

Article 2. The legislation on certification.

Attitudes in the field of certification are adjusted by the present Law and certificates of the legislation of the Republic of Tajikistan published according to it.

Article 3. The international contracts and agreements.

If the international contracts or the agreements recognized by the Republic of Tajikistan, establish other rules, than what contain in the legislation of the Republic of Tajikistan on certification rules of the international contract are applied.

Article 4. System of certifications

The system of certifications is created by the state controls, the enterprises, establishments and the organizations carried out certification by rules established in this system according to the present Law. Organizational structure of systems form:

National body on certification, Central regional bodies;

National body on certifications, body on certifications of production and systems of quality, test laboratories (centers) of the enterprise, establishment and the organizations, irrespective of patterns of ownership, and also public organizations.

The system of certifications can include some systems of certifications of homogeneous production.

Systems of certifications can enter some systems of certifications of homogeneous production.

Systems of certifications are a subject to the state registration when due hereunder.

Article 5. Powers of the state (national) body of certification.

Functions of the State (national) body on certification of the Republic of Tajikistan are assigned to the authorized body of the Government of the Republic of Tajikistan (in edition of Law RÒ on 03.05.2002ã. N 24) according to the present law: forms and realizes a state policy in the field of carrying out of certifications in territory of the Republic of Tajikistan and officially informs on them: Publishes the official information on systems of certifications operating in the Republic of Tajikistan and signs on conformity and represents it when due hereunder to the international (regional) organizations on certification, spends the state registration of systems of certifications and signs on conformity, bodies on certification, test laboratories (centers), prepares when due hereunder for offers on connection to the international (regional) systems of certifications, and also can conclude when due hereunder agreements with the international (regional) organizations about a mutual recognition of results of certifications represents when due hereunder the Republic of Tajikistan in the international (regional) organizations concerning certifications informs the international (regional) organizations on certification on systems of certifications operating in the country, bodies on certifications.

SECTION II. OBLIGATORY CERTIFICATION

Article 6. Obligatory certification.

Obligatory certification is carried out in cases stipulated by the legislation of Republic Tajikistan.

The organization and work on obligatory certification are assigned on Tajik State Standard, and in the cases stipulated by the legislation of the Republic of Tajikistan concerning separate kinds of production, can be assigned to other state controls.

Forms of obligatory certification of production are established Tajik-State-standard in view of the developed international and foreign practice. Advertising production which is subject obligatory certifications, but without of the certificate of conformity is forbidden.

Article 7. Participants of obligatory certification.

Participants of obligatory certification are Tajik State Standard, other state controls of the Republic of Tajikistan, authorized to spend work on obligatory certification, test laboratories (centers) manufacturers (sellers, executors) production, and also the central bodies of systems of the certifications, defined in necessary cases for the organizations and coordination of works in systems of certifications of homogeneous production.

Participation in work on obligatory certification of the registered noncommercial associations and the organizations of any patterns of ownership under condition of their accreditation by corresponding controls is supposed.

Article 8. Competences of the state controls.

Tajik State Standard and other state controls to which Acts of the Republic of Tajikistan assign the organization and work on obligatory certification within the limits of the competence:

-to create systems of certifications of homogeneous production and establish rules of procedure and management for carrying out of certifications in these systems,

-to carry out a choice of a way of acknowledgement of conformity of production to requirements of normative documents (forms of certifications),

-to define the central bodies of systems of certifications,

-to accreditation of bodies on certifications and test laboratories (centers) also give out to them sanctions to the right of carrying out of the certain kinds of works,

-to conduct the state register of participants and objects of certifications,

-to establish rules of recognition of foreign certificates, signs on conformity and results of test,

-to establish the order of accreditation (in edition of Law RÒ on 30.07.2007. ¹ 307),

-to carry out the state control and supervision and establish the order of the inspection control over observance of a rule of certifications and behind certified production,

-to consider appeals concerning certification, give out certificates on application of the Sign on conformity (in edition of Law RÒ on 30.07.2007. ¹ 307).

Article 9. Duties central and regional bodies on certification

Central and regional bodies on certification:

Will organize, coordinate work and establish rules of procedure and management in system headed by it of certifications,

Consider appeals of Applicants in occasion of action of bodies on certification, test laboratories (centers).

Article 10. Duties of body on certification

Bodies on certification:

Will certificate production; give out certificates on application of the Sign on conformity (in edition of Law RÒ on 30.07.2007. ¹ 307),

Suspension or cancel of action of certificates given out by it and that one gives to the applicant under its requirement the necessary information within the limits of the competence.

Article 11. Duties of test laboratories (center)

The test laboratories (center), accredited in established by corresponding system of certifications the order, carries out tests of concrete production or concrete kinds of tests and conducts test reports for the purposes of certifications.

Article 12. Duties of the manufacturer (sellers, executors)

Manufacturers (sellers, executors) production which is a subject obligatory certification, are obliged:

To realize this production only at presence of the certificate given out or recognized by the representative on those by body,

To provide conformity of production to requirements of normative documents on which it is certificated also marking of conformity by its Sign,

To specify in commodity analysis documentation of data on certifications and to provide finishing this information up to consumers,

To stop or stop realization of certified production if it mismatches normative documents, after validity of the certificate of conformity or in case action of the certificate is suspended or cancelled by the decision of body on certification,

To provide unobstructed performance of the powers by officials and the bodies which are carrying out obligatory certification of production and the control over certified of production,

To inform bodies on certification on the changes brought in the engineering specifications or in technological process of manufacture of certified production.

Article 13. Conditions of import of imported production

In conditions of the contracts (contracts) concluded on delivery in the Republic of Tajikistan of production, a subject obligatory certification presence of the certificate and the Sign on the conformity confirming its conformity to established requirements should be stipulated.

These certificates should be given out or recognized by representatives on that body of the Republic of Tajikistan.

Certificates or documents on their recognition represent to customs bodies together with the cargo customs declaration and are necessary documents for reception of the import licence of production on territory of the Republic of Tajikistan.

Bodies of the customs control over absence of the document confirming safety of imported production, forbid its import up to the decision of a question on carrying out of certification or a recognition of the foreign certificate and inform Tajik State Standard .

Article 14. The State control and supervision of observance regulation obligatory certification and for certified of production.

The state control and supervision of observance of the manufacturer (the seller, the executor), test laboratories (centers), bodies on certification of rules of obligatory certification and behind its certified production is carried out Tajik State Standard, other special representatives by the state controls within the limits of their competence.

Article 15.Financing of works on certification and State Control and supervision

To obligatory state financing are subjects:

Development of forecasts of development of certification, rules and recommendations on its carrying out, maintenance of the official information in the field of certification, participation in work of the international (regional) organizations after certification and work with foreign national bodies on certification;

Development (or) and participation in development of the international (regional) documents on certification;

Carrying out of the state control and supervision of observance of rules on certification and certified production,

Introduction of the state register on certification and accreditations and archival storage of materials;

Other works on obligatory certification of concrete production it is made by the applicant by way of, established Tajik State Standard in coordination with the Ministry of Finance of the Republic of Tajikistan.

The sum of expense is spent by the applicant on carrying out of obligatory certification and accreditation concerns on its cost price.

SECTION III. VOLUNTARY CERTIFICATION

Article 16. Voluntary certification.

On production which is not a subject according to the legislation of the Republic of Tajikistan of obligatory certification, under the initiative of legal persons and citizens can voluntary certification on treaty provisions between the applicant and body on certification is spent.

Article 17. The organization of voluntary certification

Voluntary certification has the right to carry out any legal person who has incured function of body on voluntary certification and registered system of certifications in Tajik State Standard when due hereunder. At observance of the specified conditions bodies on obligatory certification have the right to spend voluntary certification.

Article 18. The rights of the applicant

At the conclusion of the contract on carrying out of voluntary certification the applicant has the right to receive from body on certification the necessary information on rules of certification of production, and also to define the form of certification.

SECTION IV.

THE RESPONSIBILITY FOR INFRINGEMENT POSITIONS OF THE PRESENT LAW

Article 19. Criminal, administrative or civil-legal responsibility

Legal and physical persons, and also the state bodies guilty of infringement of rules of obligatory certification, bear according to the current legislation criminal, administrative or civil-legal the responsibility.

THE PRESIDENT OF THE REPUBLIC OF TAJIKISTAN

Emomali Rahmon Dushanbe, December 13, 1996

¹ 313

MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

On introduction in action of the Law of the Republic of Tajikistan

" On certification of production and services "

MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN validated:

1. To commission the Law of the Republic of Tajikistan "On certification of production and services" since the date of its official publication.

2. To the Government of the Republic of Tajikistan:

If necessary to present when due hereunder offers on modification and additions to acts in connection with acceptance of the Law of the Republic of Tajikistan "On certification of production and services ";

To introduce the decision and the order to interactive with the present law of the Government of the Republic of Tajikistan .

CHAIRMAN OF MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

S.Rajabov Dushanbe, December 13, 1996 ¹ 314