Law on Internal Trade

Law nr. 231 from 23.09.2010


    Article 1. The purpose and objectives of the Law
    (1) The purpose of this law is to create the appropriate legal activities related to trade through the development of the commercial distribution of products and services in compliance with free competition, protection of life, health, security and economic interests of consumers.
    (2) This Law establishes the general principles of conduct trading activities in Moldova.
    (3) This law envisages the following objectives:
    a) Stimulation of the goods and services;
    b) encouraging free enterprise, ensuring fair competition and free movement of goods and commercial services;
    c) the maximum satisfaction of consumer needs for various products and services, food security and consumption;
    d) stimulating the development of SMEs;
    e) improving the institutional framework governing activities in trade;
    f) creation mechanism of interaction between central government and local trade;
    g) the modernization and development of forms of distribution of goods and provision of commercial services;
    h) simplified procedures for commercial launch activities;
    i) coordinating functions of institutions of state authority to oversee trade.

    Article 2. Regulatory domain
    (1) This Law shall regulate domestic trade activities in the field, sets the main requirements for these activities, the trade forms, competencies of central government and local authorities in the trade.
    (2) In this law, trade in food products, food and trade related services are defined in sections G, H and A Classification of Economic Activities of Moldova (CAEM) of 9 February 2000 (Official Gazette of the Republic of Moldova, 2005 , special edition).

    Article 3. Getting
    In this law, the terms used mean the following:
    trade activity - business activity initiated in the relations established in the marketing of goods produced, processed or purchased, and the execution of various works related to selling goods and providing services, aiming to private economic interests and provide a source of income;
    commercial service - business opportunity offered by the act of sale (supply), which provides benefits and consumer satisfaction, without leading to a physical exchange of material form;
    trader - legal entity or individual entrepreneur profit, incorporated under the laws and authorized to work in trade;
    small trader - a person engaged in commercial activity without state registration;
    "one stop shop" - a procedure by which public authority empowered under this Act and in collaboration with other public authorities, verify the authenticity of documents submitted by the applicant and / or deliver specific acts of authorities for approval on-line through electronic networks they have access to those authorities, if the law requires it or in another manner determined by the authority, without authorization involving the applicant;
    wholesale trade - activities of traders who buy for their sells to other traders or corporate or professional users;
    retail - activities of merchants that sell products directly to consumers for their personal use (final);
    catering service - business training, preparation, presentation and serving of food products, confectionery, bakery those, beverages and other products for their use in specialized units or outside them, and recreational activities appropriate to that process;
    business unit - unit (space) in the processes occurring operative movement of goods / services (collection, storage and sale);
    area of ​​sales (commercial area) - surface access for consumers to purchase product / service, for display of products offered to pay them and the movement of staff for the activity. There are areas of sale areas for receipt, storage, processing and storage of goods or production, as well as for offices and annexes;
    operating license - individual administrative act certifying the holder to practice a trade activity, indicating the location of the business unit or place open for sale. The term operating license does not match license term activities, as required by law, is licensed;
    price indicator - information carrier (paper, cardboard, plastic, etc..) the cost, quantity and quality product that reflects the various features thereof;
    sale price - the final price of one unit of product or of a quantity of product, including VAT and other taxes;
    unit price - the final price, including VAT and other taxes, per unit of product or single unit quantity of product that is used in marketing of specific products;
    products sold in bulk - products that are not pre-packaged and are measured in the presence of buyers.


    Article 4. Regulation of commercial activities
    Regulation of state trading activities include:
    a) authorization to conduct commercial activities;
    b) conformity assessment of products and services;
    c) licensing of commercial activities;
    d) monitoring of trading activities (creation and management information system of trade);
    e) establish rules for trade activities;
    f) restrict or prohibit the marketing of products and services as required by law;
    g) the conduct of commercial activities;
    h) establishing the mechanism of pricing / tariffs for products / services of social importance;
    i) promotion of local goods;
    j) state control of trading activities;
    k) the protection of consumers, persons engaged in trade and the general public against misleading advertising, advertising bans for certain goods and services is immoral.

    Article 5. Central public administration authorities with responsibilities in trade
    (1) The central government provides the harmonious development of commercial network and modes of distribution of products and commercial services, offering equal conditions for all operators, regardless of its ownership and legal form of organization.
    (2) Ministry of Economy is the central body of public administration responsible for developing state policy on trade and regulate this area. The main tasks of the Ministry of Economy in trading activities are:
    a) drafting legislation to improve domestic trade legislation;
    b) development of state programs and strategies to develop trade activities;
    c) promote public policy in marketing goods and services;
    d) formulate proposals for trade activities and create favorable conditions for production and marketing of goods and services;
    e) coordination of central organs of government and local authorities in domestic trade;
    f) preparation and submission of domestic market protection measures;
    g) monitoring (management) information system of trade through local authorities (those with economic structures);
    h) examining individuals and legal opinions for the development of trade relations;
    i) submitting proposals for optimizing functions of state bodies with responsibilities in trade control;
    j) the initiation, organization and republican fairs and exhibitions;
    k) organization of seminars, roundtables, etc. trainings for training and retraining of trade, public information on issues related to trade.
    (3) National Consumer Protection Agency:
    a) coordinates and implements state of the consumer strategy;
    b) participate in drafting the rules for conducting commercial activities;
    c) proposals for out of production starts / stops importing and marketing of products / services which harm consumers' health and harm the state;
    d) organize training courses for staff involved in marketing products and services;
    e) carry out state control of the rules and regulations for conducting commercial activities.

    Article 6. Powers of government authorities local government in trade
    (1) commerce activities conducted in the territory are administered and coordinated by local authorities according to national regulations. Authorities shall exercise the following powers:
    a) ensure the implementation of state policy in the trade area within functional skills;
    b) develop and implement programs for developing trade in the territory;
    c) participate in the examination of draft laws regulating commercial activities;
    d) contribute to strengthening commodity resources to ensure a permanent trade with a set minimum daily requirements of consumer satisfaction in the territory;
    e) ensure the implementation of "single window" to issue operating permits;
    f) issue operating permits for facilities that sell products and services;
    g) establish units characteristics that sells products and services and locations of the criteria of urban development in the territory of the commercial sector;
    h) promote the development of SMEs operating in the trade to enhance employment opportunities;
    i) authorized to trade in public areas, organizing fairs and fairs;
    j) take action to protect consumer rights within their powers;
    k) coordinate the decentralized structures of the territory on trade;
    l) made in territory controlled regarding the rules of the goods and services and the operation of traders;
    m) prohibit and suppress unauthorized trading activities, as required by law;
    n) the detection of systematic violations, revoke operating under Article. Article 17. (2);
    a) organizes training, seminars and workshops for training and improvement of the trade.
    (2) economic profile structures within local authorities submitted to the Ministry of Economy, periodically and upon request, information on trade activities conducted within the territory.
    (3) The territorial strategies in trade, local authorities shall consult with professional associations, consumer associations, employers, local representatives of the Chamber of Commerce and Industry and other stakeholders.
    (4) To promote and protect commercial activities carried out in the suburbs and rural disadvantaged areas, local government may grant special privileges to conduct activities within competenţelor.În trade in tourist areas or those with architectural value, local government may provide facilities, as required by law, investors who contribute their own rehabilitation areas.


    Article 7. Forms and general principles the trade
    (1) Main forms of trade are:
    a) wholesale;
    b) retail;
    c) commercial services, including catering.
    (2) general principles of trade course of business are:
    a) compliance with hygienic marketing of products and services;
    b) compliance with the requirements of technical regulations and requirements of the goods and services approved by the Government;
    c) protection of consumer rights and interests;
    d) compliance and ethics training requirements in the field.

    Article 8. Wholesale
    (1) wholesale traders have, where appropriate, storage, preservation and processing organized, complete stocks of merchandise, provide informational support, transportation services, offers and other trade related services.
    (2) specific rules for conducting wholesale approved by the Government, observing the following conditions (requirements) General
    a) there are storage rooms designed and equipped technically appropriate amount and type of product stored. If food marketing, business unit has, necessarily, the refrigeration equipment and for processing activity (packaging) products - the equipment to these activities;
    b) business unit equipped with a computerized filing system;
    c) use of measuring instruments and metrological control checked;
    d) technical requirements for storage and exhibition sites near the goods;
    e) payment of goods purchased by bank transfer only.
    (3) Forms and nomenclature wholesale commercial units shall be approved by the Government.

    Article 9. Retail
    (1) Retail trade is conducted through fixed commercial establishments (stores), mobile (pavilions, kiosks, counters, commercial appliances, caravans, booths) or by other means provided by law.
    (2) specific rules for conducting retail approved by the Government, is subject to the following general principles:
    a) providing a variety of goods by type of business unit;
    b) managing stocks of goods - technical problems to the profile of trade (storage methods, spatial layout, display of goods);
    c) knowledge of forms and methods of trading goods;
    d) providing specific conditions for storage and sale of goods;
    e) services relating to retail.
    (3) retail forms (types of sales) and nomenclature commercial units shall be approved by the Government.

    Article 10. Commercial services
    (1) activity performance (marketing) services is carried out through commercial units (points of sale of services).
    (2) specific rules to provide commercial services approved by the Government, observing the following general conditions:
    a) the presence of a skilled professional who will provide service;
    b) the existence of technical base (service unit existence and appropriate equipment);
    c) the existence of an offer of service by service type having specific characteristics and rates justified.
    (3) Nomenclature marketing units (supply) of services and their features are approved by the Government.

    Article 11. Catering
    (1) Public nutrition takes place in specialized units, which are divided into types and are classified, usually in groups.
    (2) specific rules to provide catering services (including health rules and regulations) approved by the Government, with the following mandatory conditions:
    a) there are rooms equipped with appropriate technological process for each type of catering unit;
    b) the criteria assigned to each category of catering unit, established by laws;
    c) authorizing health units catering to the regional centers of preventive medicine;
    d) the employment of skilled personnel in the preparation and serving of food products, confectionery and pastry.
    (3) Traders providing food services as defined and approved by the Government requirements set menu assortment of products, services, forms of service, maintenance of premises providing the business unit.
    (4) catering Nomenclature and criteria for their employment in consumer services categories approved by the Government.

    Article 12. Market activity
    (1) The markets sold mainly agricultural products and foodstuffs and manufactured goods through commercial units located in their area.
    (2) Rules of operation of markets approved by the Government, with the following general principles:
    a) the employment market in terms of urban and environmental protection, the general urban plan or urban plan area;
    b) free market access of consumers and sellers;
    c) liaison with the main arteries of commerce;
    d) reserving enough space for the activity;
    e) the existence of storage facilities and laboratories accredited to verify the quality of products / services;
    f) marketing of perishable products in places exclusively selling these products (covered halls), equipped with refrigeration equipment;
    g) selling used cars, spare parts for them, live animals and birds, flowers and goods used in separate markets, especially organized;
    h) organizing monthly health days cleaning, the cleaning and disinfection of flags, equipment and the entire territory of the market.
    (3) list of goods banned from trading in markets approved by the Government.
    (4) market infrastructure includes facilities for services, including catering, organized only in specialized structures, in compliance with sanitary and protection of consumer life.


    Article 13. Initiating a trade
    (1) The trade can be exercised by individuals and legal entities authorized by law, having the object of marketing products and / or services.
    (2) commercial activity, except for small traders, is exercised by natural persons (individual entrepreneurs) who have obtained training as a result of training institutions specialized in commercial (economic), authorized by law, or persons who have certified skills in the same institutions, skills acquired as a result of work experience.
    (3) The Government shall establish qualification requirements for different categories of employees in trade.
    (4) trade in food products and catering and business services for the physical comfort of the consumers, are made by workers who, besides training, have completed a course in hygiene, organized under legal provisions in force. Workers must be provided medical certificates on health status, issued as required.
    (5) central bodies of public administration and local authorities, associations and legal persons concerned may organize training and professional development products and services marketing authorization provided such courses as required by law.
    (6) For commercial activities, traders must:
    a) to have a professionally trained;
    b) be registered as required by law;
    c) to obtain authorization of the business unit;
    d) to obtain the appropriate license for practicing an activity subject to licensing as required by law.

    Article 14. Authorisation to carry out commercial activities
    (1) Carrying trade activity is authorized by local government or first level of Chisinau in whose jurisdiction will carry out work that professional.
    [Article 14 of. (1) in the wording of 28.07.11 LP175, MO139-145/26.08.11 art.440]
    (2) operating permit is issued for each business unit separately trader in the application to local government.
    (3), enclosing the following documents:
    a) document confirming state registration of merchant compliance with the legislation in force;
    b) documents proving that the requirements of Art. 13 para. (2);
    c) the document confirming the ownership or leasing the business unit;
    d) business unit placement scheme (for kiosks, stalls and other mobile units);
    e) the agreement area sales managers, obtained under the law in force, to conduct trade in airports, train stations, stations and other public areas;
    f) the location or title holder authentication field;
    g) time of operation of the business unit;
    h) sworn statement of compliance with the permit;
    i) if approval catering operation, required additional sanitary authorization and organization of fairs for animal and agricultural markets have halls for marketing of animal products fresh - veterinary authorization.
    (4) The provisions of paragraphs. (3) shall apply to the relocation business unit or the extension of the trade.
    (5) The documents specified in par. (3) shall be submitted in original and copies thereof shall be kept in the archives of local government authority.
    (6) The trader is obliged to have the authorization for operating and carrying a form of trade that does not require business unit.
    (7) Small traders sell food products or agricultural products, except the food, based on an application approved for a temporary place of sale. Shall contain information on place of sale, sale period, their name and authorized by the mayor by endorsement and stamping within 3 days after admission.

    Article 15. Operating authorization
    (1) The local government shall examine the request and the documents mentioned in art. Article 14. (3) within 20 calendar days, with the obligation to check with the public authorities compliance with legal provisions on the principle of "single window".
    (2) If the local government finds non-compliance on the documents submitted, including the submission (signed) application by a person who has no service relationship with the applicant, this applicant shall be notified in writing, usually when application or within three days after filing.
    (3) The operating authorization plan to take account of urban and rural development planning, consumer access to public transport, the protection of children and young people by limiting the sale of goods that is immoral near preschool educational institutions .
    (4) operating permit is issued:
    a) for non-commercial entities that sell goods or services for commercial, except catering, holding title - indefinitely (during operation);
    b) commercial establishments that sell food items, including mixed assortment, and catering establishments holding title - a term
5 years;
    c) for commercial units located in rented premises - the deadline set in the lease contract, but not exceeding the period laid down in point. b). Termination of the tenancy early termination results in the operating license;
    d) for commercial units mobile - 1 year term.
    (5) operating permit contains:
    a) name / name of the trader;
    b) home / office trader;
    c) the trader identification number;
    d) name and address of business;
    e) the trade or the code under CAEM (shown separately trading alcohol and tobacco products);
    f) business unit type and category of employment according to the list type of business units (for catering);
    g) and within days you are allowed to trade (for mobile commerce and small traders).
    (6) application model and standard form of authorization to operate is set by the Government.
    (7) operating permit is issued free of charge.
    (8) The authorization of operation, the operator is informed about the conditions for its deprivation.
    (9) Local authorities sent to the Ministry of Economy quarterly, but not later than the 15th calendar day of the month following the quarter, information on permits issued, for inclusion in the Trade Information System.

    Article 16. Refusal of permits running
    (1) Application for the operating license is rejected by a decision of the local public administration. This is required to communicate in writing its decision and the reason for denial within 20 calendar days from the time of application.
    (2) Application for the authorization to operate may be rejected if:
    a) the location business unit, contrary to the general urban plan and general criteria for determining the areas and places of sale of localities;
    b) trade activity is carried out in improvised spaces or does not harmonize with the architecture area, the rooms do not comply with the requirements set or unauthorized areas (educational institutions, health, etc..)
    c) work areas that are detrimental to trade inside or near buildings with special architectural value or heritage value;
    d) professional traders are not ready for these areas.
    (3) Rejection of the request for authorization to operate may be challenged in court as required by law.

    Article 17. Withdrawal of the
    (1) operating permit is withdrawn in the following cases:
    a) the trader has not started operations for six months from date of issue of operation, except in cases of force majeure;
    b) the work was interrupted by the dealer for a period exceeding one year, except in cases of force majeure;
    c) the dealer has changed the kind of the trade;
    d) the dealer repeatedly violated rules of conduct trading activities, which documented the state the right to control.
    (2) operating permit is withdrawn by the authority which issued it on the court decision. In case of danger to human health or public order, authorization may be suspended by the same authority, which is required within 3 working days of the suspension, apply to the court, also inform in writing trader's decision to withdraw / suspend. If failure to indicate, it is considered that approval was not revoked / suspended.
    (3) If the irregularities discovered in the activities specified in paragraph trader. (1), local government is obliged to inform in writing the trader about their existence and to give him the opportunity to remove them. If the trader does not remove deficiencies within 30 days upon notification, to initiate proceedings to withdraw the operating license.
    (4) Withdrawal of authorization to operate may be challenged in court as required by law.


    Article 18. Protect life, health and safety consumers
    (1) Traders are obliged to put on the market products / services safe for life, health and safety of consumers. Every trader must be satisfied, based on information obtained from the manufacturer / importer and training, the products offered for sale are safe and to inform consumers of the risk factors in the use / consumption.
    (2) prohibits the marketing of products in the absence of accompanying documents on quality, quantity and safety, issued technical regulations, sanitary and accounting regulations.
    (3) is considered safe product / service is mandatory regulations defining the security of its system of supervision of compliance with the parameters defined characteristics laws in force.
    (4) If the security product / service can not be determined under paragraph provision. (3), product / service is considered safe when used under normal or foreseeable risks to life, health and safety of consumers.

    Article 19. Labeling, marking and packaging
    (1) Information provided by labeling, marking, packing, and how to apply the labels are determined by law. Labeling and rules under which it is made shall not be liable to mislead the consumer.
    (2) The sale of product / service, the trader / supplier must notify the consumer, at his request, in addition to information provided by labeling, marking, packing and other accurate and pertinent features of the product / service, conditions of sale and usage.
    (3) The product packaging must ensure the integrity and protection of its quality, easy to handle, to promote the sale of the product, while according to the law on labor protection, environmental and consumer safety.

    Article 20. Quantity and price
    (1) Depending on the type and characteristics of the product, its packaging will indicate clearly and unequivocally nominal mass and volume, length, area or other quantities that characterize the amount (content) product, expressed in units recognized by the system national metrology. The provisions of this paragraph shall not apply to products sold in bulk.
    (2) The requirement that the data referred to in para. (1) is the manufacturer, trader or, as appropriate, the importer.
    (3) information provided by means of measuring the quantity of products sold in bulk must be clearly visible to the consumer. Measuring instruments used for determining the amount of commercial products must be certified (included in the State Register of measuring instruments in Moldova), adequate and regularly checked metrological.
    (4) The trader who offers a product / service network for retail sale must indicate the sale price indicator price, unit price and the tariff, according to legal provisions. It is not necessary to indicate the unit price if it is identical to its selling price.
    (5) sales prices, unit prices and rates shown clearly and unequivocally by marking, labeling the proposed menu and / or display and is expressed exclusively in local currency.
    [Article 20 of. (5) of 06.05.12 amended by LP33, MO99-102/25.05.12 article 330]

    Article 21. Other trading rules
    (1) The place of sale of goods / provision of services, the trader must possess documents proving their compliance with technical regulations in force. If these documents are kept elsewhere, within the business unit must retain copies thereof, authenticated with the stamp dealer.
    (2) The trader is obliged to keep records of products sold / services rendered and to release the buyers / consumers cash vouchers or other documents confirming the purchase of the product / service. Filing documents are available at the request of control, according to legal provisions.
    (3) Each dealer shall, in agreement with local authorities, the time of operation of the business unit that will comply with labor laws and regulations regarding peace and public order. Retail trade enterprises and commercial service can be open every day of the week. Food businesses units can not be closed more than two consecutive days for public holidays, except for objective causes of downtime. Hours of operation are posted at entry into the commercial, visible from outside. The trader is obliged to ensure compliance. Any change in the time of operation of the business unit is made with approval of the local government authority that issued the operating permit.


    Article 22. Control of the State trade activities
    (1) state control of trade activities is an economic-financial and technical (specialized).
    (2) economic and financial control is exercised by the Financial Control Department under the Ministry of Finance and the Centre for Combating Economic Crimes and Corruption. The purpose of this inspection is to verify the correct indication of the movement of goods and commercial services accounting documents (financial and statistical reports), the compliance with those provisions freight stock, the correct payment for goods and services purchased, subject to compliance with the price of imported products social.
    (2) economic and financial control is exercised by the Financial Control Department under the Ministry of Finance and Interior Ministry employees. The purpose of this inspection is to verify the correct indication of the movement of goods and commercial services accounting documents (financial and statistical reports), the compliance with those provisions freight stock, the correct payment for goods and services purchased, subject to compliance with the price of imported products social.
    [Article 22 of. (2) amended by LP120 from 5/25/12, MO103/29.05.12 art.353; into force 01.10.12]
    [Article 22 of. (2) amended by LP267 from 23.12.11, MO13-14/13.01.12 32, in force 13.01.12]
    (3) control equipment (specialist) is exercised by the authorities with control of central and local government as required by law. Each local authority and central government exercises control within its functional responsibilities:
    a) State Service for Public Health Surveillance perform health monitoring products / services, authorizes healthcare catering;
    b) Sanitary Veterinary Agency for Safety of Animal Products made veterinary supervision of animal products, authorized veterinary animal fairs and agricultural markets (halls);
    c) Sanitary Supervision Inspectorate on Seed Control inspection and quarantine measures taken to meet production targets materials and plant quarantine;
    d) State Inspectorate for Market Surveillance, Metrology and Consumer Protection performs market surveillance on compliance with the requirements prescribed products and services and / or reported, including measurement standards, the requirement of indicating prices and consumer protection legislation;
    e) Licensing Board and local government (municipal councils workers' economic structures and regional) control business unit compliance with the conditions prescribed in the permit or license also verify compliance with the marketing of products and services within their powers;
    f) specialized subdivisions of the Ministry of Internal inspection by traders if they commit harmful acts of criminal or minor offense under the laws in force, and if a request by authorities with control.

    Article 23. How the surveys
    (1) control may be: comprehensive, uniform, repeated and unannounced. Complex control, the single and repeated inspections are planned.
    (2) complex control is performed once a year by a group of organs of state control functions, as required by law.
    (3) control unit is performed once a year by a single body with control.
    (4) repeated control is carried out to verify the execution of instructions to remove the violations found in previous control act.
    (5) unannounced if a complaint is made by consumers or consumer associations received to address the institutions or organs of state.
    (6) A check is considered legal when original trader controllers have control mandate, signed by the head and stamped body control and service credentials.
    (7) The trader is obliged to provide all materials necessary supervisory body of the check and ensure free access to targets under control.
    (8) Any control ends with the issuance of the check, signed by all persons involved in the control and dealer representative. Control documents are drawn up by representatives of state bodies with control or economic profile subdivisions of local authorities.
    (9) commercial units shall maintain register controls, indicating control body name, date of verification, type control, note the violations found, number of control and financial penalties. Representatives of the audit mentioned in art. 23 are required to record details of checks.
    (10) If it detects the marketing of products and services that do not meet current technical standards, lack of proper information about your product and accompanying documents of goods, sale of expired goods, carrying out unauthorized activities, breach repeated the legislation in force, employees of the audit mentioned in this law have the right to stop the marketing of products and services until the violations are or withdrawal of the open and address the court.

    Article 24. Liability in trade
    (1) Operators acting in the service or prevent the progress of violations committed by persons in charge shall be brought to administrative, civil or criminal, as required by law.
    (2) Operators have the right to address the court demanding cancellation, full or partial results of checks carried out by authorized personnel.
    (3) People with officials empowered with state control of trading activities is liable under the law in force for non ojectives and checks its results, and for disclosing trade secrets or other secrets protected by law.


     Article 25. Entry into force of the law
     (1) This Law shall enter into force six months after publication, except art. Article 5. (3) and Art. 13 para. (2) and paragraph. (6) letter. a), which are implemented on January 1, 2012.
     (2) Upon entry into force of this Law, the Law no. 749-XIII of 23 February 1996 on internal trade (Official Gazette of the Republic of Moldova, 1996, no. 31, art. 318).
     (3) Traders operating under authorizations / licenses issued before the entry into force of this law will continue to work on them until their expiry date.

     Article 26. Adjusting the regulatory framework
     Government within:
     - 6 months from the date of publication of this Law, shall submit proposals to bring legislation in line with this law;
     - 12 months from the date of publication of this law will approve its laws and regulations to implement this law.
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