On amendments to the order of the acting Minister of national economy of the Republic of Kazakhstan from March 27, 2015 № 264 «On approval of internal trade rules»
ORDER:
Make the following changes to the order of the acting Minister of national economy of the Republic of Kazakhstan from March 27, 2015 № 264 «On approval of internal trade rules» (registered in the Register of state registration of normative legal acts № 11148, published on September 28, 2015 in the information and legal system «Adilet»):
in the rules of internal trade approved by the specified order:
paragraph 2 should read as follows:
«2. In the present Rules following basic concepts are used:
1) auto shop – a specialized vehicle equipped with commercial equipment;
2) vending machine – an automated device designed for the sale of goods;
3) information and advertising marketplace – an online resource that contains advertising (informational) information about sellers, as well as goods, works, and services for the purpose of organizing their purchase and sale;
4) discounted goods – goods sold at a reduced price due to the presence of a shortage or elimination of a shortage;
5) canteen – a public catering facility with independent customer service;
6) outlet center – a shopping facility that sells a group of non-food products (clothing, shoes, accessories, and others) from previous seasons of production, released into circulation under a single trademark or brand, with significant discounts (twenty to ninety percent);
7) universal trade market – a trade market where trading places are intended for the sale of goods of different classes;
8) administrative zone – the zone where the complex of administrative premises is located;
9) price – monetary value of the product;
10) bar – an object of public catering and recreation that offers consumers snacks, desserts and confectionery, as well as alcoholic beverages;
11) retail trade – business activity that sells goods to the buyer intended for personal, family, home or other use that is not related to business activities;
12) control zone – a zone intended for carrying out veterinary-sanitary and phytosanitary control, sanitary-epidemiological and other types of control in accordance with the legislation of the Republic of Kazakhstan;
13) hypermarket – wholesale and retail trade object represented by several subjects of internal trade, selling a specialized or mixed range of goods from fifteen thousand or more items (units), included or not included in retail chains, provides for the presence of a Parking area for vehicles;
14) cafe-an object of public catering and recreation, offering a range of simple dishes, as well as alcoholic beverages with mandatory provision of waiter services to consumers;
15) discount center – an economy-class shopping facility represented by one or more subjects of domestic trade, is included or not included in retail chains, has a narrow range of food (twenty percent of the total volume, excluding perishable products, mostly «dry» or deep-frozen products) and non-food consumer goods (eighty percent of the total volume, food products, household chemicals and related products) at prices below the average market;
16) store – a capital stationary structure or part of it, provided with retail, utility, administrative and household premises, as well as premises for receiving, storing and preparing goods for sale;
17) kiosk – non-capital portable structure equipped with commercial equipment that does not have a trading floor or food storage facilities, and is designed for one or more retail locations;
18) sale – sale of goods of good quality at reduced prices;
19) expiration date – the period of time after which the product is considered unsuitable for its intended use;
20) remote counter – a portable temporary structure (structure), which is a retail space located in a specially designated place;
21) shopping facilities of modern format – stationary retail facilities with a retail area of at least 500 square meters, with a specialized or mixed assortment of goods from one thousand or more items (units) that operate using the self-service method in combination with the traditional service method, as well as the provision of additional trade services, the availability of equipment (devices) designed for making payments using payment cards, high labor productivity and sales per square meter of retail space, providing for the presence of a Parking area for vehicles within the borders of the territory;
22) public catering – business activities related to the production, processing, sale and organization of food consumption;
23) warehouse area – an area equipped with devices for unloading, storing and cargo configuration;
24) wholesale trade – business activity for the sale of goods intended for subsequent sale or other purposes not related to personal, family, home or other similar use;
25) wholesale and distribution center (hereinafter – WDC) – a multifunctional infrastructure trade and logistics complex consisting of storage facilities, trade pavilions and other premises with special equipment designed to perform purchasing, preparatory, distribution and other operations with food products for their subsequent wholesale sale in the domestic and foreign markets;
26) outbound trade – retail trade carried out outside of a stationary retail network using specialized or specially equipped vehicles for trade, as well as mobile equipment used only in conjunction with the vehicle;
27) specialized store – a commercial object represented by a variety of subjects of internal trade, with a specialized assortment (construction materials, or household electrical appliances, furniture, and others), the range of up to twenty-five thousand items (units), is included or not included in the retail network, providing for the presence of a Parking area for vehicles within the borders of its territory;
28) specialized trade market – a trade market where seventy or more percent of the total number of goods are intended for the sale of goods of the same class;
29) specialized electronic trading platform – an electronic trading platform where goods of the same class, works and services of the same type of economic activity are sold;
30) restaurant – an object of public catering and recreation, offering a range of complex dishes, including custom-made and branded, as well as alcoholic beverages with mandatory provision of waiter services to consumers;
31) storage period – the period of time during which the product (result of work), subject to the established storage conditions, retains the quality, properties and characteristics specified in the regulatory documents establishing requirements for the quality of the product (work, service), and (or) in the contract;
32) seller – an internal trade entity that carries out trading activities in accordance with the current legislation of the Republic of Kazakhstan;
33) buyer – an individual or legal entity that purchases the product;
34) trade information – information about the product, manufacturer, and seller provided by law and communicated to the buyer in order to familiarize themselves with the product and the features of its use;
35) trade market – a separate property complex intended for trade activities, with the centralization of the functions of economic maintenance of the territory, management and protection, operating on a permanent basis and provided with a Parking area for vehicles within the borders of its territory, as well as meeting sanitary and epidemiological requirements, fire safety requirements, architectural and construction and other requirements in accordance with the legislation of the Republic of Kazakhstan;
36) retail network – a set of two or more retail facilities that are under common management and are used under a single commercial designation and other means of individualization, with the exception of retail markets;
37) sales hall – a specially equipped main part of the retail space intended for customer service;
38) trade activity – business activity of individuals and legal entities aimed at the sale and purchase of goods;
39) authorized body in the field of trade regulation – the Central Executive body that forms trade policy and provides guidance, as well as inter-industry coordination in the field of trade activities;
40) trading inventory – items intended for trading activities;
41) commercial object – a building or part of a building, a structure or part of a structure, a shopping market, an automated device or vehicle that is specially equipped with equipment designed and used for displaying, displaying goods, serving customers, and making monetary settlements with customers when selling goods;
42) shopping and entertainment center – a shopping object represented by a variety of subjects of internal trade, with a mixed assortment of twenty-five thousand or more items (units), including goods, public catering and entertainment services (food courts, beauty salons, entertainment, cinemas), is included or not included in retail chains, has a Parking area for vehicles within the borders of its territory;
43) shopping center – a shopping object represented by a variety of subjects of internal trade, with a mixed assortment, the volume of the assortment of twenty-five thousand or more items (units), is included or not included in retail chains, has a Parking area for vehicles within the borders of its territory;
44) retail space – a place equipped with equipment intended and used for displaying, displaying goods, serving customers, and making monetary settlements with customers when selling goods;
45) trading house – capital stationary structure containing a set of retail and catering facilities managed as a single unit, intended for commercial activities and provided with retail, administrative, household and storage facilities and a Parking area for vehicles within the borders of its territory;
46) trade markup – up is a part of the price of a product that includes expenses and profit related to wholesale and retail sales of the product;
47) remuneration – payment of supplier of food products to the subject of internal trade, engaged in the sale of goods through the organization of trade networks or large retail sites associated with the acquisition and sale of food products, including services for the promotion of food products, including by advertising such goods and perform special calculations, and the preparation, processing, packaging of these goods, access to trading network or large shopping centers;
48) non-stationary commercial object – a temporary structure or temporary structure that is not firmly connected to the ground, regardless of whether or not there is a connection (technological connection) to the engineering support networks, including an automated device or vehicle;
49) fixed commercial object – a building or part of a building (built - in, built-in-attached, attached premises), a structure or part of a structure (built-in, built-in-attached, attached premises) that is firmly connected to the ground and connected (technologically connected) to engineering support networks;
50) trade and exhibition area – an area specially equipped with equipment designed and used for displaying and displaying goods, as well as servicing customers and concluding contracts and making payments;
51) supermarket – a shopping object represented by several subjects of internal trade that sells a specialized or mixed range of goods from one thousand to twenty-five thousand items (units), is included or not included in retail chains, provides for the presence of a Parking area for vehicles;
52) product – any product of labor that is not withdrawn from circulation, intended for sale or exchange;
53) product range - a set of products combined by any one or a set of attributes;
54) product class – set of products that have a similar functional purpose;
55) commodity neighborhood – conditions that exclude the joint storage and sale of raw and finished products, preventing their contamination and the penetration of foreign odors that affect the quality of the product;
56) product quality –set of consumer properties of the product;
57) perishable food products – food products that require special conditions for transportation, storage and sale in a strictly regulated time frame;
58) terminal zone – an area intended for unloading and loading operations, as well as parking spaces for trucks and cars;
59) process zone – an area intended for washing, processing, drying, dry cleaning, sorting, calibration, packing, packaging and/or other similar operations;
60) a store at home is a commercial object represented by a single internal trade entity that sells a specialized range of essential goods up to five thousand items (units), mostly not included in retail chains;
61) minimarket – a commercial object represented by one or several subjects of internal trade that sells a specialized or mixed assortment of goods up to ten thousand items (units), providing a parking area for vehicles within the borders of its territory;
62) tent (pavilion) – easily erected structure made of collapsible structures, equipped with commercial equipment for one or more retail locations, having an area for commercial stock and located in a specially designated place;
63) internal trade – trade activity carried out on the territory of the Republic of Kazakhstan;
64) electronic commercе – business activity in electronic Commerce, as well as the sale of services, carried out through information and communication technologies;
65) electronic commercе participants – individuals and legal entities that participate as a buyer, seller and (or) electronic trading platform, sell goods, services, and information and advertising trading platforms;
66) electronic trade – business activities for the sale of goods carried out through information and communication technologies;
67) electronic trading platform – an Internet resource that provides infrastructure for e-сommerce participants, including the conclusion of contracts between them for the provision of works and services using information and communication technologies;
68) electronic trade participants – individuals and legal entities participating as buyers, sellers and (or) electronic trading platforms.»;
paragraph 20 should read as follows:
«20. Prices for goods are determined by the subjects of internal trade independently, with the exception of prices for socially important food products.
The subjects of internal trade in staple food products set the size of the marginal trade allowances no more than fifteen percent of the selling price of products or purchasing prices wholesale supplier specified in the agreements for supply of socially important food products.
The subject of internal trade, if there is a socially significant food product from several manufacturers or wholesale suppliers, sets the size of the maximum trade premium of no more than fifteen percent of the manufacturer's selling price or the wholesale supplier's purchase price for a socially significant food product with the lowest cost specified in the contract for the delivery of a socially significant food product.
When concluding contracts for the supply of socially significant food products, the amount of the maximum trade allowance is set.
The trade premium may be increased by the amount of costs associated with transportation and (or) storage and (or) import of socially significant goods, as well as natural loss of food products within the approved norms in according to the order of the acting Minister of national economy of the Republic of Kazakhstan dated November 25, 2015 № 717 «On approval of norms of natural loss of food products in retail trade» (registered in the Register of state registration of normative legal acts № 12484).
The trade allowance does not include expenses related to the payment of remuneration paid to an internal trade entity in connection with the purchase of a certain amount of food products from a supplier.
The subject of internal trade (manufacturer) sells, and the consumer can buy the product according to the specified price, issued by the price label displayed in the internal and (or) external storefronts of the commercial object.
The subject of internal trade (manufacturer, performer), with the exception of cases stipulated by the legislation of the Republic of Kazakhstan, does not restrict the ability of consumers to use photo and video shooting.»;
paragraph 27-2 should read as follows:
«27-2. When concluding a contract for the supply of food products, a condition may be stipulated between a domestic trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities and a supplier of food products to include in the price of food products the remuneration paid to the internal trade entity in connection with the purchase of a certain amount of food products from the supplier.
The amount of this remuneration is subject to agreement by the parties to this agreement and does not exceed five percent of the price of purchased food products. When calculating the specified total amount of remuneration, the amount of value-added tax is not taken into account.
Remuneration paid to a subject of internal trade in connection with the purchase of a certain amount of food products from a supplier is expressed in money and includes payment for services to promote goods.
Other conditions for providing remuneration and providing additional services that are not related to the promotion of goods are determined by the parties to the agreement independently.
It is not allowed to pay the remuneration specified in this paragraph in connection with the acquisition by an internal trade entity of socially significant food products specified in the list approved by the Government of the Republic of Kazakhstan.
Extension of the contract with an increase in the list or volume of food products, as well as the conclusion of additional agreements in violation of paragraph 7 of article 31 of the Law is not allowed.
If the amount of remuneration established in part one of this paragraph is exceeded, the internal trade entity is liable in accordance with the Code of the Republic of Kazakhstan dated July 5, 2014 «On administrative offenses».»;
subparagraph 15) of paragraph 28 should read as follows:
«15. Determination by administrations of commercial objects of requirements for registration of signs, showcases, advertising materials, exhibition equipment and appearance of personnel of stationary commercial objects of various types and types, taking into account the provisions of the Rules for placement of outdoor (visual) advertising objects in the open space outside the premises in localities, approved by order of the Minister of industry and infrastructure development of the Republic of Kazakhstan dated April 18, 2019 № 233 (registered in the Register of state registration of normative legal acts № 18562).»;
paragraph 104 should read as follows:
«104. Export of goods outside the Republic of Kazakhstan for exhibition and fair trade, subject to re-import on the terms and within the terms established by the agreement, is regulated in accordance with the Code of the Republic of Kazakhstan dated December 26, 2017 «On customs regulation in the Republic of Kazakhstan».»;
paragraph 150 should read as follows:
«150. In relation to an audio-visual work, the seller, in addition to the information specified in paragraph 14 of these Rules, provides the buyer with the following information:
1) name of the film, the studio where the film was shot and the year of its release;
2) basic filmographic data (genre, abstract, information about the author of the script, director, composer, performers of the main roles, and others);
3) movie duration (in minutes);
4) information about the owner of copyright and (or) related rights to the work.».
1) state registration of this order in the Ministry of justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of trade and integration of the Republic of Kazakhstan.
Minister of Trade and integration
of the Republic of Kazakhstan B. Sultanov
«AGREED»
Ministry of industry and
infrastructure development of the
Republic of Kazakhstan
«AGREED»
Ministry of Finance of the
Republic of Kazakhstan
«AGREED»,
Ministry of Internal affairs of the
Republic of Kazakhstan
«AGREED»
Ministry of national economy of the
Republic of Kazakhstan