Gomel City Executive Committee

CHECK THE ONLINE STORE

Normative-legal acts:

- The law of the Republic of Belarus dated 08.01.2014, No. 128-Z "On state regulation of trade and public catering in the Republic of Belarus" (see here);

- Decree of the Council of Ministers of the Republic of Belarus from 15.01.2009 № 31 "On approval of rules of sale of goods in the implementation of retail trade by samples" (see here);

- Decree of the Council of Ministers of the Republic of Belarus dated 29.04.2010 No. 644 "On some questions of improving usage of the national segment of the Internet" (see here);

- The order of the operational-analytical center under the President of the Republic of Belarus dated 18.06.2010 No. 47 "On some issues of registration of domain names in the space of hierarchical names of the national segment of the Internet" (see here);

- Recommendations for owners of information resources, sellers in the implementation of e-Commerce (see here).

Check the online store in the commercial register is carried out by entering information about the online store in the commercial register of the Republic of Belarus (see here).

In the case of amendments and (or) additions to information included in the commercial register of the Republic of Belarus about online store – the application form is the following (see here).

In case of exclusion of information from the commercial register of the Republic of Belarus served the following statement (see here).

Typical violations of legislation on protection of consumer rights and advertising in the implementation of e-Commerce (see here)

The body authorized for the implementation of the entry in the commercial register of the Republic of Belarus on the online store: office of trade and services of the Gomel city Executive Committee (Gomel, Sovietskaya, 16, phone 34 77 59), in the case of registration of legal entities and individual entrepreneurs in Gomel.

The mode of operation of the specialists of the Department of trade and services of the Gomel city Executive Committee: from 8.30 hours. to 17.30 hours. lunch break: from 13.00 h. to 14.00 hours.

Documents submitted for registration of the online store:
- statement on the inclusion of information in the commercial register RB on the online store.

The term of consideration: 5 working days.

Validity: in perpetuity.

The amount of payment: for free.

At the expiration of the term of consideration of documents the subject of trade are issued a document notification, the inclusion of information in the commercial register of the Republic of Belarus and the coordinated operating mode.

The attention of traders operating in the online stores!

In connection with recent questions concerning the activities of the online stores, Ministry of Antimonopoly regulation and trade of the Republic of Belarus explains the procedure for inclusion of an information resource in the global computer network the Internet to the online store and register for an online store in the commercial register of the Republic of Belarus.

In accordance with article 1 of the Law of the Republic of Belarus from January 8, 2014 "About state regulation of trade and public catering in the Republic of Belarus" (hereinafter – the Law on trade):

online store and information resource of the subject of trade in the global computer network Internet (hereinafter - Internet), allowing to carry out the purchase order or the selection and purchase of goods without (outside) the shopping facility;

retail trade - the trade associated with the purchase and sale of goods for personal, family, household or other similar use not associated with entrepreneurial activity, unless otherwise established by legislative acts of the Republic of Belarus;

wholesale trade - form of trade associated with the purchase and sale of goods for use in entrepreneurial activity or other purposes not connected with personal, family, house and other similar use, unless otherwise established by legislative acts of the Republic of Belarus;

the subject of trade - a legal entity, individual entrepreneur engaged in trade in the territory of the Republic of Belarus.

Trade can be carried out with the use of the Internet subject to the prohibitions and restrictions established by legislative acts of the Republic of Belarus and decrees of the Council of Ministers of the Republic of Belarus. The subject of trade is entitled to carry out retail trade with the use of the Internet only through the Internet-shops, registered with the Trade register of the Republic of Belarus (hereinafter – the commercial register), and use of the domain name, the right to administer the subject of trade in the order established by the legislation of the Republic of Belarus (clause 3, article 19 of the Law on trade).

Question. What is an information resource? Can the page (user, company, events, communities) in a social network be considered an online store?

Response.

According to paragraph 2 of the decree of the President of the Republic of Belarus of 01.02.2010 № 60 "On measures for revising use of the national segment of the Internet" from 1 July 2010, the activities on realization of goods, performance of works, rendering of services on the territory of the Republic of Belarus using information networks, systems and resources connected to the Internet, is carried out by legal entities, their branches and representative offices established in accordance with the legislation of the Republic of Belarus with its registered office in the Republic of Belarus and individual entrepreneurs registered in the Republic of Belarus using information networks, systems and resources of the national segment of Internet located on the territory of the Republic of Belarus and duly registered.

In accordance with the Law of the Republic of Belarus of 10 November 2008 "On information, Informatization and information protection" (hereinafter – the Law on information) information resource - an organized set of documented information, including databases, other aggregate related information in information systems catthe fact that is subject to state registration by the Ministry of communications and Informatization of the Republic of Belarus by adding information about the information resources in the State register of information resources (article 24 of the Law on information).

State registration of information networks, systems and resources of the national segment of Internet located on the territory of the Republic of Belarus is carried out on application principle in the procedure established by the Council of Ministers of the Republic of Belarus dated 29.04.2010 № 644 "On some questions of improving usage of the national segment of the Internet".

The order of domain names registration in the space of hierarchical names of the national segment of the Internet limiting Instruction on the procedure of domain names registration in the space of hierarchical names of the national segment of the Internet network, approved by the order of the Operational and analytical center under the President of the Republic of Belarus dated 18.06.2010 No. 47 (hereinafter - instruction No. 47).

According to the Instruction № 47 domain names in the space of hierarchical names of the national segment of the Internet are registered in the national domain zone with the symbol ".by", "Bel".

Thus, a legal entity, individual entrepreneur may carry out retail trade through the online store, registered with the Trade register, using information networks, systems and resources of the national segment of Internet located on the territory of the Republic of Belarus and duly registered, in this case the domain name of such online store must be registered in the national domain zone with the symbol ".by",".Bel".

The subject of trade performing retail trade through the online store, may use other information resources of the Internet for posting information about the sale of goods in the presence of this information addressing (hyperlink) to an entity registered for trade in the commercial register at the online store (paragraph 4 of article 19 of the Law on trade).

In the case that information given to the subject of Commerce in a social network, on the page of the user, company community, and other similar resources, in particular, contact numbers, email address, basket, Skype , etc., allows the purchase order or the selection and purchase of goods, while on the page of such an information resource is no hyperlink on an entity registered in the trade registry the online store or information about the fact that the sale of the specified goods is carried out exclusively in retail outlets, this page will be a online storewhich in an order established by legislation shall be registered in the commercial register.

Examples of sites that are not online stores, or on the pages of which there is a separate tab for the online store: http://div-sad.by/, http://pancov.by/.

Question. What is the procedure for the registration of the online store in the commercial register?

Response.

The order of entry in the commercial register, including the registration in this online stores, defined by the regulations of the commercial registry of the Republic of Belarus, the approved resolution of Council of Ministers of the Republic of Belarus from 23.12.2014 No. 1227 "On approval of Provisions on the commercial register of the Republic of Belarus and the Provisions on the definition and method of calculating the proportion of traders in the retail turnover of food products within the boundaries of Minsk, cities of regional subordination, of districts, the annulment of decrees of the Council of Ministers of the Republic of Belarus and their structural elements" (further – Position).

Paragraph 20 of the Regulations is determined that the registration of Internet shops in the Trade registry is carried out by local Executive and administrative authorities at the place of state registration of subjects of trade.

In accordance with paragraph 21 the provisions of the registration of Internet shops in the Trade register is done by entering information about the Internet shops in the Trade register in accordance with the procedure of entering information in the commercial registry established in Chapter 4 of the Regulations.

According to paragraph 15 of the Provisions of the listing in the commercial register of information concerning several online stores statements about entering data in the commercial register shall be submitted separately for each online store.

Thus, the migration of information about the online stores is performed by local Executive bodies at the place of state registration of subjects of trade. In addition, each online shop, belonging to one subject of Commerce, must be registered in the commercial register separately.

Question. If a website is online store that contains information about the seller, the product, including the product price, invoice, contact phones, which you can order the product to other entities for the purposes of wholesale trade?

Response.

In accordance with article 1 of the Law on trade:

wholesale trade - form of trade associated with the purchase and sale of goods for use in entrepreneurial activity or other purposes not connected with personal, family, house and other similar use, unless otherwise established by legislative acts of the Republic of Belarus;

retail trade - the trade associated with the purchase and sale of goods for personal, family, household or other similar use not associated with entrepreneurial activity, unless otherwise established by legislative acts of the Republic of Belarus;

the subject of trade - a legal entity, individual entrepreneur engaged in trade in the territory of the Republic of Belarus.

According to article 19 of the Law on trade trade can be carried out with the use of the Internet subject to the prohibitions and restrictions established by legislative acts of the Republic of Belarus and decrees of the Council of Ministers of the Republic of Belarus. The subject of trade is entitled to carry out retail trade with the use of the Internet only through the Internet-shops, registered with the Trade register of the Republic of Belarus (hereinafter – the commercial register), and use of the domain name, the right to administer the subject of trade in the order established by the legislation of the Republic of Belarus.

Information resource on the Internet, used for the implementation of the wholesale trade, i.e. the sale of goods to legal entities and individual entrepreneurs for use in business activities or other purposes not connected with personal, family, house and other similar use - is online store and does not require registration in the commercial register.

However, the subject of trade performing wholesale trade, obliged to submit relevant information on wholesale trade for inclusion in the commercial register.

Question. If a website is online store if the business entity performs works (services), that is, does not sell products (on the website you can see the contents and price of works (services), and you can also make an order (through a special function of the website or contact phone number))?

Response.

Activities to provide household, tourist, and other services is not a trade, and the Internet site used for advertising of such services, is only a means of advertising (advertising Internet resource), but is not internet-store and not be included in the commercial register.

However, please note that the sale of finished goods (manufactured furniture, Windows, balcony frames, seals, curtains, photo frames, etc.) for personal, family, domestic and other use not connected with entrepreneurial activity, with the use of the Internet is the retail trade and information resource used to implement such activities, be online store, to be inserted in the Trade register.