Bhutan Micro Trade Regulation, 2006

1.1 This Regulation shall be called Bhutan Micro Trade Regulation, 2006. 1.2 This Regulation shall extend to the whole Kingdom of Bhutan. 1.3 This Regulation shall come into force with effect from April 1, 2006. 2. DEFINITIONS In this Regulation made hereunder, unless the context otherwise requires:

2.1 Micro Trader: Shall mean a person who engages in trading with annual turnover of less than Nu. 1 million and classified under the Micro scale category.

2.2 Turnover: Shall mean annual gross sales of a trader.

2.3 Negative List: Shall mean all goods and products restricted or prohibited by the Royal Government.

2.4 Ministry: Shall mean the Ministry of Trade and Industry.

2.5 Minister: Shall mean the Minister for Trade and Industry.

2.6 Prescribed Form: Shall mean forms prescribed by the Ministry.

2.7 Authorized Representative: Shall mean an official authorized by the Ministry to exercise powers conferred by various acts, rules and regulations. 1 2.8 Rules/Regulations: Shall mean all such rules/regulations made under an Act or otherwise that may be relevant to be applied to trading activities. 3. ELIGIBILITY 3.1 All Bhutanese citizens having attained the age of 18 years shall be eligible to register as a Micro Trader.

3.2 All Bhutanese are permitted to undertake trading activities in any Dzongkhag of their choice. Census registration or ownership of landed property in a particular Dzongkhag shall not be a condition for eligibility to Micro Trade registration.

3.3 A trader shall be entitled to only one Registration Certificate within the Kingdom. The Certificate is non transferable both in terms of ownership and location.

3.4 The trader shall not be eligible to register as an import house in accordance with the Rules and Procedures for imports from third countries.

3.5 A licensed trader shall not be entitled to register as a Micro Trader. 4. REGISTRATION PROCEDURE

4.1 A trader intending to undertake any type of trading activity with an annual turnover of less than Nu.1 million shall be required to register with the respective Regional Trade and Industry Office or other offices as may be designated by the Ministry.

4.2 The registration shall be done on the prescribed forms available with the Regional Trade and Industry Offices or on the Ministry’s website (www.mti.gov.bt).

4.3 Photo copies of citizenship identity card and security clearance must be submitted along with the duly completed registration application form.

4.4 The registration can also be done by submitting the registration application form through registered post.

4.5 Upon acceptance of the registration application, the trader shall be issued a Registration Certificate.

4.6 No registration and renewal fee shall be levied. 2

4.7 The Registration Certificate shall be valid for three years.

4.8 The Registration Certificate shall be renewed within the last six months of the third year. Renewal is subject to clean record. 5 RIGHTS OF REGISTRATION

5.1 The Registration Certificate shall confer the trader with the right to commence or continue the trading activity.

5.2 The trader shall be allowed to trade in all activities except restricted goods and those activities listed in the negative list.

5.3 The trader shall have the right to opt/upgrade the registration to the licensed regime upon fulfilling the licensing procedures. 6 OBLIGATIONS OF REGISTRATION

6.1 The trader shall comply with all the rules of the Government in the conduct of trade.

6.2 The trader shall set up business only in areas designated/permitted by respective Dzongkhag and municipal authorities.

6.3 The trader shall not lease/sub-lease his business/Registration Certificate to another party.

6.4 The trader whose turnover exceeds Nu.1million shall cease to be a Micro Trader and shall be governed by the licensing regime.

6.5 The trader shall not be allowed to engage in wholesale business.

6.6 The trader shall cooperate and provide any information as required by the Ministry or its authorized representatives.

6.7 The trader shall allow unfettered access to the authorized representatives of the Ministry to inspect its premises.

6.8 The Micro Trader shall commence business within three months after obtaining the Registration Certificate. 3 7 PENALTIES

7.1 The trader shall be liable to penalties for any violations and dealt with as per the relevant provisions contained in the “General Guideline for Industrial and Commercial Ventures in Bhutan (1997)” or any other relevant rules and regulations in vogue.

7.2 A penalty of Nu. 5,000 shall be levied for violation of any provisions of this Regulation. Repeat violation shall result in the cancellation of the registration.

7.3 Non-renewal of the Registration Certificate shall result in the cancellation of the certificate”. However, a grace period of six months shall be given for genuine cases. 8 POWER TO GRANT EXEMPTION/AMEND

8.1 The Minister shall have the power to grant any exemption under this Regulation.

8.2 The Ministry shall have the powers to amend any provisions of this Regulation from time to time. 9 SUPERSESSION AND INTERPRETATION

9.1 In the event of conflict of any provisions of this Regulation with any existing Rules, the provisions of this Regulation shall prevail.

9.2 The Ministry shall be the sole authority responsible for interpretation of this Regulation and its decision shall be final and binding. 4 BHUTAN RETAIL TRADE REGULATION, 2006 The Bhutan Retail Trade Regulation, 2006 is a part of the reform process in the Trading regime and an effort towards the creation of a stable and predictable policy environment in the Trading sector. The purpose of the Bhutan Retail Trade Regulation, 2006 is to provide a simple licensing system and to streamline the Retail Trade and keep the sector in tune with international norms and best practices. 1. TITLE, COVERAGE & COMMENCEMENT

1.1 This Regulation shall be called the Bhutan Retail Trade Regulation, 2006. 1.2 This Regulation shall extend to the whole Kingdom of Bhutan. 1.3 This Regulation shall come into force with effect from April1, 2006. 2. DEFINITIONS In this Guideline made hereunder unless stated otherwise, shall mean:

2.1. Wholesaler: Shall mean authorized representative of a Manufacturer / Principal Company to distribute their products to the retailer.

2.2. Retailer: Shall mean those traders who sell goods directly to the consumer.

2.3. Micro-trader: Shall mean a person who engages in trading and is registered under the Bhutan Micro Trade Regulation 2006.

2.4. Goods: Shall mean both goods and products and shall be inter-changeable in its usage.

2.5. Ministry: Shall mean the Ministry of Trade and Industry

2.6. Minister: Shall mean the Minister of Trade and Industry. 5

2.7. Negative List: Shall mean products prohibited or restricted by the Royal Government for which a separate approval will be required.

2.8. Rules/Regulations: Shall mean all such rules/regulations made under an Act or otherwise that may be relevant to be applied to trading activities. 3. ELIGIBLITY 3.1 All Bhutanese citizens having attained the age of 18 years shall be eligible to engage in retail business. 3.2 A company incorporated under the provisions of the Companies Act of the kingdom of Bhutan, 2000 is also eligible to engage in retail business. 4. LICENSING PROCEDURE

4.1 The retail license applicant shall apply for retail license on the prescribed forms available at the Regional Trade and Industry Offices or on the Ministry’s website (www.mti.gov.bt).

4.2 The retail license applicant shall submit Photo copies of citizenship identity card, security and other clearance as required by rules from time to time.

4.3 The retail business shall be classified as small, medium or large on the basis of their annual sales turn-over.

4.4 The license fees shall be levied on the basis of the scale for which a license has been granted as per Annex-I.

4.5 The retail license shall be renewed every one year. Renewal shall be subject to clean record. 5. ACTIVITY CLASSIFICATION

5.1 The activity classification for the trade sector shall be done in accordance with International Standard Industrial Classification (ISIC) Codes, and Harmonized Commodity Description Code (HS) at 4 digit level as relevant.

5.2 The retailer shall be permitted to engage in all activities with the exception of those prohibited and those listed in the Negative List 6

5.3 The retailer shall list three major activities that the retailer trades in the order of prominence. 6. RIGHTS OF RETAILER

6.1 The retail license shall confer the retailer with the right to commence retail business from a given location of the enterprise.

6.2 The retailer shall be allowed to trade in all goods except for those in the negative list of products.

6.3 For trade in goods in the negative list, separate permit/approval from the relevant authorities shall be obtained in accordance with the rules in vogue. 7. OBLIGATIONS OF RETAILER

7.1 The retailer shall set up business only after obtaining a license from the Ministry.

7.2 The retailer shall comply with all the laws and by-laws of the Royal Government of Bhutan in the conduct of their business.

7.3 The retailer shall set up business only in areas designated/permitted by respective Dzongkhag and municipal authorities.

7.4 The retailer shall not lease/sublease his license to another party.

7.5 The retailer shall not carry out wholesale business.

7.6 The retailer shall pass on benefits granted by the principal company and the wholesaler to the consumers.

7.7 The retailer shall ensure that spurious, adulterated and products with expired dates are not sold.

7.8 The retailer shall cooperate and provide any information as required by the Ministry or its authorized representative.

7.9 The retailer shall allow unfettered access to the authorized representative of the Ministry to inspect its premises. 7 8 PENALTIES

8.1 The retailer shall be liable to penalties for any violation and shall be dealt as per the relevant provisions contained in the” General Guideline for Industrial and Commercial Ventures in Bhutan (1997)” or any other relevant rules and regulations in vogue.

8.2 The retailer shall be levied to a penalty of Nu.10, 000/- for violation of any provisions of this Regulation.

8.3 A repeat violation of the provisions shall result in the cancellation of the license. 9 POWER TO GRANT EXEMPTION /AMEND

9.1. The Minister shall have power to grant any exemption under this Regulation

9.2. The Ministry shall have the powers to amend any provisions of this Regulation from time to time. 10 SUPERSESSION AND INTERPRETATION

10.1 In the event of conflict of any provisions of this Regulation with any existing Rules, the provisions of this Regulation shall prevail.

10.2 The Ministry shall be the sole authority responsible for interpretation of this Regulation and its decision shall be final and binding. 8 BHUTAN WHOLESALE TRADE REGULATION, 2006 The Bhutan Wholesale Trade Regulation, 2006 is a part of the reform process toward creation of a stable and predictable policy environment in the Trading sector. The Regulation aims to provide a simple licensing system and to facilitate setting up of wholesale business. The policy is envisaged to promote quality of products, competatitive price and ensure a broad supply base for goods throughout the country. 1. TITLE,COVERAGE & COMMENCEMENT

1.1 This Regulation shall be called Bhutan Wholesale Trade Regulation, 2006.

1.2 This Regulation shall extend to the whole kingdom of Bhutan.

1.3 This Regulation shall come into force with effect from April 1, 2006. 2. DEFINITIONS In this Regulation made hereunder, unless the context otherwise requires:

2.1 Wholesaler: Shall mean authorized representative of a Manufacturer/Principal Company to distribute their products to the retailers.

2.2 Retailer: Shall mean those traders who sell goods directly to the consumers.

2.3 Showroom: Shall mean an establishment where products are displayed for sale or promotion purposes.

2.4 Goods: Shall mean both goods and products and shall be inter-changeable in its usage.

2.5 Ministry: Shall mean the Ministry of Trade and Industry

2.6 Minister: Shall mean the Minister of Trade and Industry.

2.7 Principal Company: Shall mean any domestic or foreign manufacturer who supplies their goods and services to wholesalers in the country. 9

2.8 Rules/Regulations: Shall mean all such Rules/Regulations made under an Act or otherwise that may be relevant to be applied to trading activities. 3. ELIGIBLITY

3.1 All Bhutanese citizens having attained the age of 18 years shall be eligible to engage in wholesale business.

3.2 A company incorporated under the provisions of the Companies Act of the kingdom of Bhutan, 2000 is also eligible to engage in wholesale business.

3.3 The wholesaler shall engage only in those products for which the license has been issued.

3.4 The wholesaler shall be allowed to deal in products of a maximum of 30 Principal Companies/Firms.

3.5 The appointment of wholesaler for third country goods shall be subject to Foreign Exchange Regulations of Bhutan 1997 and Rules and Procedures for imports from third countries.

3.6 Principal companies shall not be permitted to operate in the kingdom without the appointment of Bhutanese representatives. 4 APPOINTMENT PROCEDURE

4.1 The wholesaler shall be appointed by the principal company as their representative in Bhutan.

4.2 The letter of appointment and contractual agreement with the principal company shall be the basis for processing of the wholesale license.

4.3 The wholesaler shall apply for wholesale license on prescribed form available with the Regional Trade and Industry Offices or on the Ministry’s website (www.mti.gov.bt).

4.4 Photo copies of citizenship identity card, security clearance, appointment letter and distributorship agreement must be submitted along with the duly completed wholesale application form to the Ministry. 10

4.5 Principal Company shall appoint more than one representative in Bhutan to curb monopolistic practices.

4.6 The wholesaler shall be classified as small, medium or large on the basis of their annual sales turn-over.

4.7 License fees shall be levied on the basis of the scale for which a license has been granted as per Annex I.

4.8 The wholesale license shall be renewed every one year. Renewal shall be subject to clean record. 5. ACTIVITY CLASSIFICATION

5.1 The activity classification shall be done in accordance with International Standard Industrial Classification (ISIC) Codes, and Harmonized Commodity Description Code (HS) at 4 digit level as relevant.

5.2 The wholesaler shall be permitted to engage in an activity that has been awarded by the principals with the exception of those prohibited and those listed in the Negative List as per annex II. 6 RIGHTS OF WHOLESALER

6.1 The wholesale license shall confer the right to commence business of distribution of products specified in the license.

6.2 The wholesaler shall be allowed to distribute the products in the whole kingdom.

6.3 The wholesaler may open showrooms, warehouse and branch offices in Dzongkhags provided that such locations are noted in the license or prior approval is obtained from the Ministry. 7 OBLIGATIONS OF WHOLESALER

7.1 The wholesaler shall set up business only after obtaining a license from the Ministry.

7.2 The wholesaler shall comply with all the laws and by-laws of the Royal Government of Bhutan in the conduct of their business.

7.3 The wholesaler shall set up business only in areas designated/permitted by respective Dzongkhag and Municipal authorities.

7.4 The wholesaler shall not lease/sublease his license to another party. 11

7.5 The wholesaler shall set up warehouses for the storage and distribution of their products.

7.6 The wholesaler shall sell at wholesale prices determined by their principals from time to time.

7.7 The wholesaler shall pass on privileges, benefits, and discount that are offered by the principals to the retailer and consumer.

7.8 The wholesaler shall be required to maintain adequate stock based on predetermined demand at all times for supply to retailers.

7.9 The wholesaler shall not be allowed to carry out retail business.

7.10 The wholesaler shall ensure that spurious, adulterated and products with expired dates are not sold.

7.11 The wholesaler shall set up service facilities and provide after sales service and warranty services.

7.12 The wholesaler shall cooperate and provide any information as required by the Ministry or its authorized representatives.

7.13 The wholesaler shall allow unfettered access to the authorized representatives of the Ministry to inspect its premises. 8 PENALTIES

8.1 The wholesaler shall be liable to penalties for any violation and shall be dealt as per the relevant provisions contained in the “General Guideline for Industrial and Commercial Ventures in Bhutan (1997)” or any other relevant rules and regulations in vogue.

8.2 The wholesaler shall be liable to a penalty of Nu. 10,000, for violation of any provisions of this Regulation.

8.3 A repeat violation of the provisions of this regulation shall result in the cancellation of the license. 9 POWER TO GRANT EXEMPTION /AMEND

9.1 The Minister shall have the power to grant any exemption under this Regulation. 12

9.2 The Ministry shall have the power to amend any provisions of this Regulation from time to time. 10 SUPERSESSION AND INTERPRETATION

10.1 This Regulation shall supersede the following: (a) “Policy and Procedure for appointment of additional wholesale dealerships to Bhutanese nationals for purposes of breaking the existing monopolies in the Kingdom” enforced on 11th August 1994. (b) “Bhutan Package Commodities Rules and Regulations,1995”.

10.2 In the event of conflict of any provisions of this Regulation with any existing Rules, the provisions of this Regulation shall prevail.

10.3 The Ministry shall be sole authority responsible for interpretation of this Regulation and its decision shall be final and binding. 13 Annex -I Trade Scale Category classification and License Fee Structure Category Turnover (Nu) in millions License fees (Nu) 10,000 Large More than Nu.10 m 5,000 Medium 5m - 10m 3,000 Small 1m - 5 m Free Micro Less then 1 m 14 Annex-II Negative List: 1. Arms and Ammunition 2. Chemicals and fertilizers 3. Drugs and pharmaceutical products 4. Narcotics and psychotropic drugs and substances 5. Alcohol and Alcoholic Beverages 6. Explosives and explosive devices 7. Gold and silver in excess of free allowance 8. Industrial and toxic waste and residues 9. Live animals and their products or by-products 10. Plants and plant materials 11. Plastic packing materials as notified by Ministry of Trade & Industry 12. Wireless and Remote sensing telecommunication and broadcasting equipment 13. Petroleum ,Oil , and Lubricant products 14. Antiques and any other items as specified by the Royal Government. 15. Raw hides and skins 16. Pornography and pornographic materials. 17. Tobacco and Tobacco Products 18. Camouflage Garments 19. Used or second hand machinery, vehicles, equipment and parts thereof 15 20. Ozone depleting substances and ODS based equipment 21. Any other goods which are restricted by any other laws and regulations in force. 16