Act of the Czech National Council No. 127 / 1981 Coll.
Act of the Czech National Council on Internal Trade
Valid
Effective from 01.04.1982
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
ČÁST DRUHÁ
Oddíl 1
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl 2
§ 13
§ 14
§ 15
§ 19
Oddíl 3
§ 20
Oddíl 4
§ 21
Oddíl 5
§ 22
Oddíl 6
§ 23
Oddíl 7
§ 29
ČÁST TŘETÍ
Oddíl 1
§ 30
Oddíl 2
§ 31
Oddíl 3
§ 32
§ 33
ČÁST ČTVRTÁ
§ 37
§ 38
§ 39
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST PÁTÁ
§ 46
§ 47
§ 48
§ 52
ČÁST ŠESTÁ
§ 53
§ 54
ČÁST SEDMÁ
§ 55
§ 55a
§ 56
§ 57
§ 58
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127
THE LAW
Czech National Council
of 17 December 1981
on internal trade
The Czech National Council decided on this law:
INTRODUCTORY PROVISIONS
Subject matter
(1) Internal trade is an industry of the socialist economic system which actively mediates the link between the production and / or import of consumer goods ("goods') and its distribution and consumption; This helps to meet citizens' needs in the internal market and to create conditions for a socialist way of life.
(2) The Act defines the position and tasks of internal trade in accordance with the economic and social policy of the Czechoslovak Socialist Republic and regulates the conditions for the pursuit of commercial activity in internal trade as well as the rights and obligations of the institutions, organisations and citizens on this section.
Basic task of internal trade
(1) The basic task of internal trade is to ensure, in accordance with national economic plans and a unified socialist trade policy, the development of a planned, economical and smooth fulfilment of citizens' needs by selling goods and providing services under this law in the internal market.
(2) The authorities that conduct the business and the organisations that conduct it shall be responsible for carrying out this basic task.
(3) Other bodies and organisations which participate in their production or other activities in the provision of citizens' needs in the internal market are obliged to create the conditions necessary for the performance of the task referred to in paragraph 1.
Single Socialist Commercial Policy
In the internal trade, there is a uniform socialist trade policy, the principles of which are determined by the Ministry of Trade and Tourism of the Czech Socialist Republic (hereinafter referred to as the "Ministry of Trade and Tourism ') in cooperation with the Czech Union of Consumer Cooperatives, other central bodies in whose jurisdiction are the organisations operating commercial activities and regional national committees.
COMMERCIAL ACTIVITIES AND CONDITIONS FOR ITS OPERATIONS
Commercial activity
Definition
For the purposes of this Act, business activities shall mean the operation of retail activities, the provision of commercial services related to retail activities, the provision of public catering services, accommodation services and travel agency services, as well as the operation of wholesale activities, where those activities are carried out on the internal market.
Retail activity
Retail activity means the operation of sales and, where appropriate, the provision of sales of goods to citizens (1) and, to the extent and under the conditions laid down in the implementing regulation, also to organisations.
Business services
Commercial services are services related to retail activities provided to citizens to meet their needs.
Public catering services
(1) Public catering services are the preparation and sale of food, semi-finished products, beverages and, where appropriate, the additional sale of goods and the provision of services related to public catering at public catering outlets.
(2) The provision of catering services under this Act is not considered to be actions.2)
Accommodation services
Accommodation services are the provision of transitional accommodation and services related to it to the public in factories and facilities intended for this purpose for remuneration.
Travel agency services
Travel agency services shall mean the provision of services to tourism participants, in particular the organisation of recreational, tourist, thematic and other tours and stays, the provision and brokering of transport to tourism participants, the provision of catering services, accommodation, guided and other related services.
Wholesale
(1) Wholesale activity means the security of supply of goods from production and, where appropriate, from imports for the purpose of proper and smooth supply of retail or other commercial activities and, where appropriate, other customers.
(2) The activity of sales and supply organisations is not considered to be a wholesale activity under this Act provided that they provide material technical supplies to organisations.
The business activity shall be carried out in shops, public catering outlets, establishments and facilities providing accommodation services, travel agencies, fuel order offices, fuel pumps and, where applicable, other establishments operating a commercial activity (hereinafter referred to as "the shop or establishment '); their deployment shall take place in accordance with the interests of the proper and smooth supply of citizens and the provision of services.
The detailed definition of the content and scope of the business activity shall be adapted by the implementing act.
Authorisation to conduct business activities by organisations
Authorisation to conduct business
(1) Commercial activities may be carried out
(a) organisations having a business activity determined as an object of their business or which may operate within the scope of their business, 2a)
(b) other organisations only if they have been authorised or otherwise authorised under this law.
(2) The provisions of the special regulations, where they require specific authorisations for certain commercial activities, (3) remain unaffected.
Authorisation procedure
(1) The Ministry of Trade and Tourism grants authorisation to operate the services of travel agencies.
(2) In the absence of the case referred to in paragraph 1, the local national committee in whose territory the commercial activity will be carried out shall grant authorisation.
In the instruments of incorporation, statutes, statutes or other acts, the operation of travel agency services as an object of activity may be indicated only on the basis of an authorisation granted by the Ministry of Trade and Tourism, where such authorisation is necessary under this law.
Termination of authorisation
(1) The authority which is competent under Paragraph 14 to grant authorisation to conduct a commercial activity,
(a) withdraw such authorisation if it has been granted on the basis of incorrect information provided by the said organisations or if the conditions under which it was granted have ceased to exist or if the interests of the proper and smooth supply of internal trade or other important interests of the company so require;
(b) it may withdraw or amend such authorisation if the approved organisation does not use the authorisation for any specific reason or infringes the obligations imposed on it under this law.
(2) The right to conduct business shall cease to exist
(a) the disappearance of the approved organisation;
(b) withdrawal of the authorisation referred to in paragraph 1;
(c) the decision by which the authority responsible for granting the authorisation has given its consent to the permanent cessation of business by the notified organisation;
(d) carrying out a single business activity;
(e) the expiry of the period of authorisation.
Conditions for operating a business
(1) An organisation that carries on a commercial activity is required to comply with the conditions laid down in this Act, the implementing or specific provisions and the conditions laid down in the permit for the pursuit of a commercial activity, where it needs such authorisation; is in particular obliged
(a) conduct business in accordance with the principles of a single socialist trade policy;
(b) respect the basic scope of commercial activity and ensure that citizens' needs are equally met and, to this end, require supply organisations to provide sufficient quantities of goods in the necessary range and in different pricing positions;
(c) to take care of occupational safety and health and hygiene conditions;
(d) propose to the competent local national committee an adjustment of the selling or operating time (hereinafter referred to as the "sales time") and the fixed selling time to and from the citizens;
(e) comply with the established basic operational and technical equipment of shops or premises, industry standards on the categorisation of accommodation facilities and facilities and marketing centres for public catering;
(f) to protect the interests of citizens in internal trade and to actively engage in the development of socialist relations between business and citizens' workers, in particular to encourage them to be willing, honest and actively interested in the satisfaction of citizens;
(g) ensure that commercial workers are qualified and meet the other requirements laid down for shop or establishment workers.
(2) The detailed conditions for the operation of the business shall be adapted by the implementing act.
Determination of sales time
(1) The sales time at shops or premises shall be determined and, where appropriate, amended by the relevant local national committees on a proposal from the organisation, authorised to conduct business. The organization is required to discuss the proposal with the competent authority of the Revolutionary Trade Union Movement.
(2) Sales time shall be determined and, where appropriate, amended in accordance with the social interest in such a way that citizens are able to procure purchases and services on an out-of-work basis and that an organisation operating a commercial activity effectively and economically meet their needs in the internal market.
(3) If the organisation does not submit a proposal for the establishment or, where appropriate, a change in the sales time of the store or establishment, or a proposal which does not correspond to paragraph 2, the sales time shall be determined by the relevant local national committee after consultation with the organisation and the competent authority of the Revolutionary Trade Union Movement.
Transitional closure of the store or establishment
(1) The sale or establishment may be closed only for the necessary period of time on the grounds of:
(a) making an inventory of economic resources;
(b) natural events;
(c) the death of a worker or the granting of leave in connection with his or her sudden illness or accident, or, where appropriate, the sudden illness or accident of his or her family member, or where a worker is entitled to leave for work for reasons of general interest or for important personal obstacles to work, (3a) if he or she goes to a store or establishment with a single worker;
(d) the state of emergency of the store or establishment or its establishment;
(e) adaptation or other modification of the shop or establishment or its equipment, or of the equipment.
(2) An organisation engaged in a commercial activity shall discuss the temporary closure of a store or establishment with the relevant local national committee.
(3) In cases other than those referred to in paragraph 1, the sale or establishment may be closed for a transitional period only with the agreement of the relevant local national committee or on the basis of a decision of another competent public administration body issued under the special legislation.4)
(4) In the event of the temporary closure of a store or establishment, an organisation operating a commercial activity shall, in cooperation with the relevant local national committee, provide for replacement sales of goods or services by other means, in order to ensure the proper and smooth supply of citizens at the place of supply or to ensure the sale of goods or services of the same product type at the nearest retail or establishment under this law.
Sales of goods to citizens
(1) A citizen is entitled to sell goods only to the extent and under the conditions laid down under this law or special rules.
(2) Plant products and animal products derived from own small agricultural production and forest products may be sold by citizens without authorisation, except as otherwise provided in the specific provisions (5).
Protection of citizens' interests in internal trade
(1) Organisations engaged in a commercial activity are required, in addition to the conditions set out in Article 20 and in the Specific Regulations (7), to comply or to create additional conditions to protect citizens' interests in internal trade; in particular, they shall:
(a) establish and implement an organisation of work and traffic technology which contributes to the proper and smooth supply of citizens and the provision of services;
(b) to ensure a continuous increase in the level of supply of goods, services and service at shops or premises;
(c) carry out a quality and price acceptance in such a way as to prevent the sale of goods not complying with technical standards, price and other regulations, (8) where appropriate, to aesthetic requirements; goods which do not comply with the health and safety regulations may not be sold in internal trade,
(d) to actively apply requirements to suppliers to increase the technical and aesthetic level of the goods and to ensure that their value of use is increased;
(e) in accordance with the Specific Regulations (9), apply the requirements for the development and modification of progressive technical standards, design and use of products for mandatory evaluation, in particular in cooperation with production organisations, to ensure the labelling of products with a quality grade and, where appropriate, information on the exemption from technical standards;
(f) to ensure that citizens are informed of the goods and services sold.
(2) The Ministry of Trade and Tourism, the Czech Union of Consumer Cooperatives, the other central authorities and the national committees under the responsibility of organisations engaged in commercial activities, establish, in cooperation with the central authorities of the supply organisations, a comprehensive system of commercial policy, legal, technical, organisational, educational and control measures to further deepen and implement the protection of citizens' interests in internal trade.
(3) If a citizen exercises the right of liability for defects in goods or services (hereinafter referred to as "complaints'), the manager of the store or establishment or the authorised worker shall, after careful examination of the complaint, decide immediately, in complex cases within three days. The handling of claims concerning defects in the goods shall not be dependent on the expression of the supplier organisation. The rules on the handling of complaints by citizens must be placed in a well-visible and accessible place at each shop or establishment.
(4) The procedure and details for handling complaints by citizens will be adapted by the implementing act.
INTERNAL TRADE MANAGEMENT
Sectoral management of internal trade and tourism
(1) The Ministry of Trade and Tourism, the Czech Union of Consumer Cooperatives, other central authorities and national committees are obliged, in cooperation with each other in the organisations within their competence, to carry out business activities, in accordance with the tasks set out in the National Economic Plans, with a unified socialist trade policy and with the use of established economic instruments.
(a) to ensure uniform economic rules in internal trade, taking into account the specificities of cooperative trade, public catering and tourism;
(b) promote the development of appropriate conditions for socialist entrepreneurship, the development of competition and ensure uniform principles of protection of citizens' interests in the internal market;
(c) contribute to the development of the internal trade and tourism sector through appropriate scientific, technological and investment policies;
(d) carry out a systematic analysis of the development of the internal trade and tourism sector;
(e) to create basic conditions for social development, education and stabilisation of cadres in internal trade;
(f) ensure, under the Specific Regulations (10), a rapid and uniform information system in the internal trade sector.
(2) The Ministry of Trade and Tourism shall coordinate the provision of the tasks referred to in paragraph 1.
(3) The principles of carrying out internal market research and consumer demand and rectifying it are laid down in the implementing act.
Government Internal Trade Administration
(1) The State Administration in the Internal Trade Sector carries out and the tasks provided for under this Act are carried out by the State Administration for Internal Trade, which is:
(a) the Ministry of Trade and Tourism as the central body of the State Administration for Internal Trade and Tourism;
(b) national committees.
(2) In the exercise of public administration in the internal trade sector, the competent central authorities shall cooperate and assist the authorities referred to in paragraph 1 to the extent necessary; the specific provisions governing the status and tasks of cooperative organisations are without prejudice.
Scope of the internal trade authorities
Ministry of Trade and Tourism
Ministry of Trade and Tourism
(a) manage the performance of the State administration and, where provided, conduct the State administration for internal trade and tourism; carry out also state commercial supervision;
(b) determine, in cooperation with the Czech Union of Consumer Cooperatives, the other central bodies within whose competence the organisations engaged in commercial activities, and the regional national committees, the principles of a single socialist trade policy, the concept of the development of the internal trade and tourism sector, the essential measures to ensure the proper and smooth supply of citizens and the protection of their interests in internal trade and tourism, the measures to improve the services provided in internal trade, including the direction of the sale of goods, as well as the tourism measures;
(c) participate in the creation of a state plan for economic and social development in the internal trade and tourism sector;
(d) ensure the implementation of price, wage, financial and investment policies and scientific and technological development in internal trade and tourism, in accordance with specific regulations and uniform principles of the relevant central government authorities;
(e) ensure, in accordance with specific regulations and uniform principles, the tasks and involvement of internal trade in the international division of labour, scientific and technical cooperation and research,
(f) carry out other internal trade tasks resulting from this law and special provisions.
National Committees
(1) National Committees within their territorial competence
(a) in cooperation with organisations engaged in commercial activities, monitor and evaluate the level of satisfaction of citizens' needs, create the conditions and propose or themselves implement the necessary measures to ensure the proper and smooth supply of citizens and the provision of services;
(b) develop and monitor the implementation of the concept of the development of the internal trade network, public catering, tourism, in cooperation with trade organisations;
(c) exercise State commercial supervision;
(d) carry out other tasks in internal trade and tourism under this law and special regulations.
(2) In addition to the scope referred to in paragraph 1, local national committees
(a) fix, where appropriate, the time of sale in shops or establishments;
(b) negotiate and consent to the temporary closure of shops or premises;
(c) authorise citizens to sell their own homemade or processed products (Section 24 (1));
(d) identify the marketplaces or other places for the sale of goods to citizens and issue a market order;
(e) authorise organisations to conduct business activities (Section 14 (2));
(f) negotiate offences under this law;
(g) agree to the deployment of shops or establishments, to start, terminate, restrict or cancel their activities in such a way as to ensure that citizens' needs in the internal market are met effectively and economically;
(h) may set up consumer councils.
STATE TRADE SUPERVISORY IN INTERNAL TRADE
(1) The national committees and the Ministry of Trade and Tourism are the authorities of the internal trade sector.
(2) In the exercise of State commercial supervision, the competent authorities shall ensure that organisations engaged in a commercial activity and citizens selling goods comply with the conditions and fulfil the obligations laid down under this Act, as well as the obligations imposed by the measures of the public authorities.
(3) If the authority of the State commercial surveillance finds a deficiency, it shall invite the organisation or citizen of the seller to remedy the goods; in carrying out surveillance at stores or premises, it may issue the necessary prohibitions and take provisional measures to remedy deficiencies in its competence.
(1) In the performance of their duties, staff of the State Commercial Supervisory Authority shall be entitled to enter stores or establishments, facilities and premises, unless it is necessary to do so under specific regulations, to carry out the necessary investigations, to request the necessary data and explanations and to consult the relevant documents. In the exercise of State commercial supervision, they shall be required to report with a national commercial surveillance authority card and to maintain confidentiality regarding the facts forming the subject of state, economic or professional secrecy.
(2) In complex cases, the national commercial surveillance authority may add to the cooperation of an expert, who shall then have the powers under paragraph 1 for the staff of the national commercial surveillance authority.
Local national committees for the provision of tasks related to the performance of national commercial supervision may set up consumer councils. 11)
In the exercise of national commercial supervision, the supervisory authorities shall rely on the experience and initiative of the workers and shall cooperate with the popular control authorities and with the authorities of the Revolutionary Trade Union Movement and other social organisations; may also require the cooperation of the authorities monitoring compliance with the prices, quality and health requirements of goods and sanitary provisions in shops or establishments.
In each store or establishment, the citizen must have a wish book and complaints in which he can enter his complaints, notifications and suggestions.
Each store or establishment shall have an inspection book in which the competent authority must record the checks carried out and the facts found, including the measures proposed or imposed to remedy the deficiencies.
The special provisions governing the status and tasks of State inspection bodies (12) are not affected by this law.
The implementing regulation shall provide for the exercise of state commercial supervision, the keeping of wish books and complaints, the handling of complaints, notifications and initiatives by citizens included in the wish book and complaints and the keeping of inspection books.
FINES AND OTHER SANCTIONS
(1) The District National Committee, the City National Committee or the Local National Committee in the Centre Municipality may impose a fine on an organisation of up to 50 000 KKS for deficiencies identified by the national supervisory authorities, which:
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
ČÁST DRUHÁ
Oddíl 1
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl 2
§ 13
§ 14
§ 15
§ 19
Oddíl 3
§ 20
Oddíl 4
§ 21
Oddíl 5
§ 22
Oddíl 6
§ 23
Oddíl 7
§ 29
ČÁST TŘETÍ
Oddíl 1
§ 30
Oddíl 2
§ 31
Oddíl 3
§ 32
§ 33
ČÁST ČTVRTÁ
§ 37
§ 38
§ 39
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST PÁTÁ
§ 46
§ 47
§ 48
§ 52
ČÁST ŠESTÁ
§ 53
§ 54
ČÁST SEDMÁ
§ 55
§ 55a
§ 56
§ 57
§ 58
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Regulation Information
| Citation | Act of the Czech National Council No. 127 / 1981 Coll., on Internal Trade |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1981 |
|---|---|
| Effective from | 01.04.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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