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Request for issuing/extending the operating permit for commercial activity at the stall/space in markets/bazaars for SC*

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COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of Article 5 paragraph (1) of Government Ordinance no. 99/2000 regarding the commercialization of market products and services, any commercial activity is carried out only by authorized merchants under the law, and according to Article 6 paragraphs (1) and (2) of the same normative act: trade in public areas is conducted in fixed or mobile sales structures. The exercise of commercialization activities in public areas is subject to the approval of the local public administration authorities or the sectors of Bucharest Municipality, as applicable, in compliance with their own regulations and urban planning schemes.

Considering the aforementioned legal provisions, reported to Article 63 paragraph (5) letter g) of the Local Public Administration Law no. 215/2001, with subsequent amendments and completions, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of commercialization activities of market products and services on the territory of Sector 3 of Bucharest Municipality.

The regulation establishes the procedure for obtaining the operation agreement/authorization/certificate by individuals and legal entities exercising commercialization activities of market products and services in public areas or any other area designated for public use, in fixed or mobile sales structures, permanent, temporary or, as applicable, seasonal in the territory of Sector 3 of Bucharest Municipality.

According to Article 2 letter a), an operation agreement is the individual administrative act setting the conditions for conducting commercialization activities of market products and services, excluding public food service units; letter b) an operation authorization is the individual administrative act setting the conditions for conducting public food service activities (restaurant CAEN Code 5610, bar CAEN Code 5630), and according to letter c), an operation certificate is the individual administrative act setting the conditions for conducting commercialization activities of market products and services, carried out temporarily and/or seasonally.

According to Article 3 of H.C.L.S.3 no. 313/2017: economic agents who carry out or are to carry out commercial, service provision, and public food service activities are obliged to submit documentation for obtaining or extending the validity term of the operation agreement/authorization, at least 30 calendar days before the date of starting the activity to be carried out or before the date of expiry of the initially authorized validity.

The fee for issuing and releasing the certificate/agreement/operation authorization, as well as the annual endorsement fee, are stipulated in the Decision of the General Council of Bucharest Municipality regarding the establishment of the levels of local taxes and fees in Bucharest Municipality. These will be paid at Sector 3 City Hall's cashier offices, and the proof of payment will be submitted along with the authorization documentation.

In accordance with Article 475 paragraphs (3), (4) and (5) of Law no. 227/2015 regarding the Fiscal Code of Romania, with subsequent amendments and completions and the Decisions of the General Council of Bucharest Municipality regarding the establishment of the levels of local taxes and fees in Bucharest Municipality, economic agents conducting public food service activities (CAEN codes 5610, 5630) must pay the public food service tax in full, in advance of the authorization release, regardless of the remaining period until the end of the respective fiscal year, as follows:

- the fee in the amount of 3,000 lei for issuing/annual endorsement of the Operation Authorization - public food service (bar, restaurant), for an area up to 500 m2;
- the fee in the amount of 4,000 lei for issuing/annual endorsement of the Operation Authorization - public food service (bar, restaurant), for an area greater than 500 m2.
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Entitled persons
Regulated professions
Required documents

Denumire

Descriere

Obligatoriu

Semnătură digitală

Tip document

Descarcă


-
B.I/C.I*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
B.I/C.I administrator/person submitting the authorization documentation*
Certificate of Registration*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
Certificate of registration issued by the National Trade Register Office*
Certificate of attestation*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
Certificate of findings showing the current status of the company – issued by the National Trade Register Office, valid at the date of submission of the application for issuing/extending the operating permit*
The ownership document of the space*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
The document of ownership of the space showing the total area of the sales structure (rental contract with the market/bazaar)*
Permits/agreements/authorizations*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
Approvals/agreements/authorizations issued by other authorities/public institutions depending on the specific activity to be authorized, as well as the space where the commercial activity is to take place: a) sanitary operating authorization / Inspection note / Official report on hygienic-sanitary conditions / Notification – as applicable; b) sanitary-veterinary and food safety registration document – as applicable;*
Power of attorney (in case of non-attendance of the associate / administrator of the company)*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
Power of attorney (in case of absence of the associate/administrator of the company)*
Proof of payment of the fee for the issuance/extension of the operating permit*
Descarcă
Scanned document
obligatoriu cu semnatură digitală disponibil și prin OOTS
Proof of payment of the fee for the issuance/extension of the operating agreement*
REQUEST FOR ISSUANCE/EXTENSION OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY AT STALL/SPACE IN MARKETS/BAZAARS FOR LLC*
Descarcă
Formular tipizat
obligatoriu cu semnatură digitală disponibil și prin OOTS
REQUEST FOR ISSUANCE/EXTENSION OF THE OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY AT STALL/SPACE IN MARKETS/BAZAARS FOR LLC*
Issued documents

Denumire

Tip document

Descarcă


-
OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY AT STALL/SPACE IN MARKETS/BAZAARS*
obligatoriu cu semnatură digitală disponibil și prin OOTS
Fees

Title

Payment method

Value

Currency


None
Deadlines
Resolution time:
30
Calendar days
Case filling duration:
15
Calendar days
Notification deadline:
15
Calendar days
Appeal routes

In the event of a dispute between the beneficiary and the competent authority, the provisions of common law are applicable.

*
Additional information
More info:
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Last updated: 
13 April 2022
Publicat de către: 
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
Institution responsible with document: 
Publicat de către: 
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
City Hall of Sector 3 Bucharest*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
Calea Dudesti Nr.191 Sector 3, Bucuresti
Telefon: 0213180323/28
Fax: 0213180304
Email: secretariat@primarie3.ro
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Serviciul Autorizare Comerciala Politia Locala Sector 3
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