The Trade Union System Law was approved by the Islamic Consultative Assembly in 1382, and from that date no amendment or revision had been made to it, until on 92/6/12 the Law Amending the Trade Union System Law, in 96 articles, was approved by the Islamic Consultative Assembly.
Trade Union System Law of the Country, with the Latest Amendments Approved on 1392/6/12 by the Islamic Consultative Assembly
Chapter One - Definitions
Chapter Two - Guild Individual
Chapter Three - Trade Unions
Chapter Four - Chamber of Guilds
Chapter Five - Chamber of Guilds of Iran
Chapter Six - Supervisory Commission
Chapter Seven - Supreme Supervisory Board
Chapter Eight - Violations and Penalties
Chapter Nine - Other Provisions
Article 2 - Guild Individual: Any natural or legal person who invests in one of the guild activities, including production, conversion, purchase, sale, distribution, services and technical services, and who, as a craftsman and holder of a self-employed trade or occupation, whether personally or through the agency of others, establishes a place of business or provides a means of business, and offers all or part of the goods, products or services thereof, directly or indirectly, in whole or in part, to the consumer, shall be recognized as a guild individual.
Note - Guilds that are governed by a special law are excluded from the scope of this Law. A special law is a law under which the manner of issuing an activity license, the regulation and coordination of the affairs of the relevant units, supervision, inspection and the handling of violations by the individuals and units covered thereby are explicitly determined in the text of the relevant law.
Article 3 - Guild Unit: Any economic unit whose activity is carried out at a fixed location or by a mobile means, and which has been established by a guild individual or individuals upon obtaining a business license, shall be recognized as a guild unit.
The executive bylaw for determining the mobile guilds referred to in this Article shall be prepared, within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note 1 - The operation of mobile guild units at a fixed location, upon obtaining a business license for that same location, is not prohibited.
Note 2- Premises that meet the conditions required for the establishment of several guild units may be used as a fixed place of business, by one or more guild individuals, after obtaining a business license from the relevant trade union or unions.
The executive bylaw for this Note shall be prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Chamber of Guilds of Iran and the Law Enforcement Force of the Islamic Republic of Iran, and shall be approved by the Minister of Industry, Mine and Trade within three months from the date this Law becomes effective.
Note 3- Offices that provide services to mobile guild units are considered guild units.
Article 4- Guild: Means a group of individuals whose activities are of the same nature. Guilds covered by this Law are divided, according to the type of their activity, into two groups: production-technical services, and distribution-services.
Article 5- Business License: A license which, pursuant to the provisions of this Law, is granted for the purpose of commencing and continuing a business or trade, on a temporary or permanent basis, to a guild individual or individuals, for a specified location or a specified means of business.
Note1- A temporary business license is issued only once. The validity period of a temporary business license is one year, and that of a permanent business license is five years.
Note 2- The trade union is obligated, upon the expiry of the validity period of a business license, to issue a one-month notice for the conversion of the temporary license into a permanent license or for the renewal of the permanent license, and if the license is not converted or renewed, the guild unit shall be deemed a unit without a license.
Article 6- Specialized and Technical License: A certificate that indicates the possession of the skill to perform specialized or technical work and is issued by the competent authorities.
Article 7- Trade Union: A legal entity formed of individuals from one or more guilds having the same or similar activity, for the performance of the duties and responsibilities provided for in this Law.
Article 8- Chamber of Guilds of the County: A chamber composed of the heads of the trade unions of each county, for the performance of the duties and responsibilities provided for in this Law.
Article 9- Chamber of Guilds of Iran: A chamber formed of representatives of the boards of directors of the chambers of guilds of the counties of the country, with the aim of strengthening the foundations of the trade union system, in Tehran.
Article10- Supervisory Commission: A commission formed for the purpose of establishing communication and creating coordination between the trade unions and the chamber of guilds of the county with governmental organizations and agencies, in line with their duties and powers, and also for supervising the trade unions and the chamber of guilds of each county.
Article11- Supreme Supervisory Board: A board formed for the purpose of planning, directing, creating coordination and supervising all trade unions, the chambers of guilds of the counties, the Chamber of Guilds of Iran and the supervisory commissions, and which is the highest authority for supervising the affairs of the guilds of the country.
The executive bylaw on the manner of issuing, renewing and replacing temporary and permanent business licenses referred to in this Article shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note1- Deleted 1392/06/12.
Note2- All agencies from which trade unions request inquiries for the purpose of issuing a business license are obligated to announce their final and conclusive opinion within fifteen days from the date of receipt of the inquiry. Failure to announce an opinion within the prescribed time limit shall be deemed a positive opinion.
Note3- The issuance of more than one business license to any guild individual meeting the legal conditions, for one or more places of business, subject to the introduction of an agent, is permissible in accordance with the executive bylaw referred to in this Article.
Note4- Where several persons jointly manage a single guild unit, they shall jointly bear responsibility for the affairs of the unit.
Note5- In the event that a guild unit is inactive for more than six months without notice to the relevant trade union, or the place of business or the type of activity is changed by the holder of the business license, or the guild premises holding a business license are transferred to another person, the trade union is obligated, after a fifteen-day notice to the said guild unit, to revoke the business license.
Article13- The issuance of a business license for specialized and technical occupations requires the applicant to obtain a specialized and technical license from the relevant authorities.
If the applicant does not meet the conditions required for obtaining a specialized and technical license, the presence of one employed person holding a specialized and technical license at the guild unit shall suffice for the issuance of a conditional business license in the name of the applicant.
Note- The types of specialized and technical occupations shall be as set out in a bylaw prepared by the Secretariat of the Supreme Supervisory Board in coordination with the relevant ministries and organizations and consultation with the chambers of guilds of the provincial centers, and shall be approved by the Minister of Industry, Mine and Trade.
Article14- Guild individuals are obligated each year to pay the membership dues of the relevant trade union.
Article15- Guild individuals supplying goods and services are obligated, by affixing a label on the goods, or by installing a sign at the place of business or trade, to announce the unit price of the goods or the wage of the service clearly and in writing and in a manner visible to all.
Note1- Every guild individual must, in exchange for receiving a price, fee or wage, deliver to the customer an invoice including the name and address of the guild unit, the date, the amount received, and the type and specifications of the goods sold or the services rendered.
Note2- The chamber of guilds of the county may, with the approval of the supervisory commission of the provincial center, exempt certain guilds or occupations, up to a specified amount, or certain others for which issuing an invoice is difficult, from the obligation to issue an invoice.
Note3- Guild individuals who supply their goods wholesale must use printed invoices and must also write the purchaser's particulars thereon.
Note4 - The guild individual is responsible for the conformity of the quality and quantity of any type of goods supplied or service rendered with the sum or wage received as stated in the invoice.
Article16- Owners of public places are obligated, as determined by the chamber of guilds of the county and approved by the supervisory commission, to:
(a)- prepare a price list of the food and foodstuffs offered for consumption by customers on special forms and make it available to customers, and deliver an invoice to the customer on that basis.
(b)- post the rates of their food and foodstuffs on a special board at the place of business, in a manner visible to all.
Article17- Guild individuals are obligated to observe and implement the laws and regulations in force in the country, including guild, disciplinary, health, safety, technical protection and workplace beautification laws and regulations, and the directives relating to the pricing of goods and services communicated by the relevant legal authorities.
Note1- Guild individuals are obligated, before employing persons who go to homes and premises to perform services, to notify the trade union thereof, so that the trade union, after obtaining the opinion of the law enforcement force, may take the necessary action to issue a photo identification card indicating the specialty.
Note2- Guild individuals are not permitted, in order to attract customers, to advertise falsely regarding products, goods or services.
Otherwise, they shall be dealt with pursuant to Article (68) of this Law.
Note3- The publication of any advertisement by any means by a guild individual lacking a valid business license is prohibited, and the offender shall be sentenced to a cash fine of from one million (1,000,000) Rials to two hundred fifty million (250,000,000) Rials.
Mass media, printing houses and multimedia production institutions are obligated, before accepting an order to produce or publish any advertisement, to request a copy of the applicant's business license; otherwise, they shall be sentenced to the cash fine referred to in this Note.
Article18- If the holder of a business license wishes to transfer his place of business to another person, he must submit his written request to the trade union.
If the trade union considers the person introduced to meet the legal conditions, it shall, subject to the other regulations, issue a new license in the name of the person introduced, after revoking the previous business license.
Note- If the license holder requests a change of the business license to another trade, in addition to completing the legal procedures, an inquiry and settlement of accounts with the previous trade union is required.
Failure of the previous trade union to respond within fifteen days from the date of the inquiry shall be deemed a favorable opinion.
Article19– If the holder of a business license becomes incapacitated, the guardian may, having regard to the interests of the incapacitated person and in accordance with the provisions of this Law, proceed to manage or transfer the guild unit.
Article20– In the event of the death of the holder of a business license, the customary rights arising from the guild unit belong to the heirs.
If the heirs or their legal representative so wish, provided they meet the individual conditions, they may, within a period of two years, proceed to obtain a business license in accordance with the regulations.
After the expiry of the prescribed time limit, the deceased's license shall become void.
Note1- The trade union has legal personality and is non-profit, and it acquires official status after registration with the Ministry of Industry, Mine and Trade.
The model bylaw of the trade unions shall be prepared by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board and shall be approved by the Supreme Supervisory Board.
Note2- The minimum number of guild units required for the formation of a trade union in the country is as follows:
(a)- In Tehran, 300 units
(b)- In counties with a population of more than two million, 200 units
(c)- In counties with a population of more than one million and less than two million, 150 units
(d)- In counties with a population of more than five hundred thousand and less than one million, 100 units
(e) - In counties with a population of less than five hundred thousand, 50 units
Note3- The supervisory commission of each county, in cooperation with the chamber of guilds of the county, is obligated to merge trade unions whose number of guild units covered is less than the prescribed minimums.
Note4- If the formation of a single trade union for all the cities or districts of a county is not possible in the determination of the supervisory commission of the provincial center, the manner of administering the affairs of the guild units of those cities or districts shall be governed by a bylaw prepared by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, which shall be approved by the Minister of Industry, Mine and Trade after confirmation by the Supreme Supervisory Board, within a maximum of six months from the date this Law becomes effective.
Note5- If it is necessary, in the determination of the supervisory commission of the provincial center, to form a trade union from the guild units of a county whose number has not reached the minimum prescribed for the formation of a trade union, then, upon approval of the Supreme Supervisory Board, a trade union shall be formed with the same number of existing units.
Note6- If it is necessary, in the determination of the supervisory commission of the provincial center, to form a trade union in the provincial center from the guild units existing in the counties of that same province, then, upon approval of the Supreme Supervisory Board, a trade union shall be formed in the provincial center. This trade union shall be treated in the same manner as the other trade unions referred to in this Article.
Note7- If the number of guild units in any province does not reach the minimum prescribed in this Article for the formation of a trade union, then, upon the proposal of the chamber of guilds and confirmation of the Minister of Industry, Mine and Trade, a trade union of guild units shall be formed at the national level.
The executive bylaw referred to in this Note shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Article22- Trade unions are administered by a board of directors elected by the members of the trade union. The number of members of this board shall be five principal members and two alternate members for trade unions having fewer than one thousand member guild units, and seven principal members and three alternate members for trade unions having more than one thousand member guild units.
Note1- The term of office of the members of the boards of directors of trade unions is four full years from the date of election. The members of the board of directors are elected by secret and direct vote of the members of the trade union.
The said members may not serve on the board of directors of the trade union for more than two consecutive terms or four alternating terms.
Note2- The supervisory commission of each county is obligated to make the arrangements for holding the election six months before the end of each term of the board of directors.
Note3- The elections of trade unions shall be valid in the first round with the presence of at least one third of the members, and, if the said quorum is not attained, in the second round with the presence of at least one quarter of the members.
The executive bylaw on the manner of holding the elections referred to in this Note shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note4- If, as a result of the resignation, removal, death, illness, incapacity or deprivation of social rights of a member or members of the board of directors, that board, notwithstanding the replacement of alternate members, falls below the quorum prescribed in this Article, the supervisory commission is obligated, within six months, to hold an election to determine the replacement members.
Until the election is held, persons from among the members of the same guild who meet the legal conditions for administering the affairs of the trade union shall be nominated by the chamber of guilds of the county, so that, after approval by the supervisory commission, they may be appointed as replacement members to the principal or alternate membership of the board of directors.
If less than two years remain of the term of office of the board of directors, the term of office of the replacement members shall continue until the end of the term of office of the board of directors.
Resigned members of the board of directors, if, in the determination of the supervisory commission, they resigned for the purpose of disrupting the election, and removed members of that board, may not be candidates in the next following election of the board of directors of the trade union.
Note5- Persons appointed pursuant to Notes (3) and (4) of this Article shall have all the powers, rights and duties of the board of directors, except for membership on the board of directors of the chamber of guilds of the county.
Note6- The candidacy of employees of trade unions, of the chamber of guilds of the county and of Iran, and of executive agencies referred to in Article (5) of the Civil Service Management Law, in the elections of the board of directors of trade unions is contingent upon their resignation from their previous position prior to registering as candidates in the election.
Official announcement of the acceptance of the resignation of the employees referred to in this Article is mandatory prior to commencing work on the board of directors of the trade union.
Article22 bis- The conditions for candidates for membership on the board of directors of trade unions are as follows:
1- Citizenship of the Islamic Republic of Iran.
2- Belief in, and practical commitment to, the system of the Islamic Republic of Iran.
3- Absence of an effective criminal record.
4- Absence of any prohibition on dealing with property, such as incapacity, bankruptcy and insolvency.
5- Absence of addiction to narcotics.
6- Absence of a reputation for corruption.
7 - Possession of at least a diploma degree, for persons without prior experience of membership on the board of directors of a trade union.
8- Maximum age at the time of registration as a candidate, seventy-five years.
9- Possession of a valid permanent business license.
10- Trustworthiness and integrity.
Note1- A committee composed of representatives of the Ministry of Industry, Mine and Trade, the State Discretionary Punishments Organization, the Law Enforcement Force of the Islamic Republic of Iran, and two persons from the chamber of guilds of the county shall, within one month, verify the aforementioned conditions with the competent authorities, including the Ministry of Intelligence, the Law Enforcement Force, the National Organization for Civil Registration, and the Judiciary.
The representatives of the chamber of guilds of the county on this committee must not themselves be candidates in the election. Decisions on this committee shall be made by majority vote, and the result shall be announced to the applicant.
The duty of this committee is to ascertain the accuracy of the matters set forth in the aforementioned clauses through examination of supporting documents and review of records and evidence.
Note2- Persons whose qualification has been rejected by the committee referred to in this Article may, within one week from the date of notification of the said committee's decision, request a re-examination.
The authority for re-examination is the supervisory commission of the county.
Article23- In trade unions, the elected persons are determined, in order, based on the relative majority of the votes obtained, comprising one chairman, two vice- chairmen (first and second), one secretary and one treasurer. Simultaneously with the holding of the election of the members of the board of directors of the trade union, an election shall be held for the selection of two inspectors (principal and alternate).
The executive bylaw setting out the duties of the inspector, including supervision over the performance of the board of directors of the trade union and also the preparation of an inspection report for the relevant chamber of guilds of the county, referred to in this Article, shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note1- If the elected person is not prepared to accept the position determined for him, there is no impediment to changing his position to one whose attainment requires a smaller number of votes.
Note2- In the event of a tie in votes between two or more members of the board of directors of the trade union, their positions shall be determined by drawing lots, by the chairman of the supervisory commission or his representative, in the presence of a majority of the members of the board of directors of the trade union.
Note3- If all the elected persons so request, their positions shall be determined through the holding of an internal election in the presence of the chairman or the representative of the supervisory commission.
Article24- The board of directors of each trade union is obligated to use the services of one person, who holds at least a bachelor's degree, on a full-time basis as executive manager.
In counties with a population of less than one million, there is no impediment to employing persons with a diploma as executive manager.
The executive manager is the implementer of the resolutions of the board of directors and is elected by it, and shall be deemed to have resigned upon the installation of a new board of directors. There is no impediment to using the services of the same manager in subsequent terms.
Article25- If necessary, the supervisory commission of the provincial center shall, at the request of the relative majority of the trade unions of the counties of that same province, and after consulting the chamber of guilds of the provincial center, proceed to form a provincial assembly for the trade unions of that province.
This assembly shall consist of representatives of the boards of directors of the trade unions of the counties, and shall be formed for the purpose of exchanging views regarding guild problems and affairs, making proposals, and establishing the necessary communication and coordination with the relevant authorities and centers.
Note- The number of representatives of each county shall be one for every five trade unions, and they shall be elected by the vote of the chairmen of the trade unions. The term of office of the members of the board of directors of the provincial assembly is two years.
Article26- Whenever a person wishes to commence a guild activity, he must first refer to the relevant trade union and submit his written application and obtain a receipt.
The trade union is obligated, within the framework of the regulations, to announce its opinion regarding the rejection or acceptance of the application in writing to the applicant, within a maximum of fifteen days, counting only non-official-holiday days.
Failure to announce an opinion within the said period shall be deemed acceptance of the application. If the application is accepted by the trade union, the applicant must, within a maximum of three months from that date, complete the documents required by the trade union and submit them to the trade union. Otherwise, the applicant shall be treated as a new applicant.
The trade union is obligated, after receiving all the required documents and in accordance with the criteria, to, within fifteen days, issue the business license and deliver it to the applicant.
Furthermore, the applicant for the business license is obligated, within six months from the date of receiving the business license, to open the place of business.
Note1- If the trade union rejects the application of the applicant for a business license or refrains from issuing the business license, it must announce the matter to the applicant in writing, citing documented reasons.
If the applicant objects thereto, he may submit his written objection within twenty days from the date of receiving the response to the relevant chamber of guilds of the county.
The chamber of guilds is obligated to examine the applicant's objection within fifteen days and announce its final opinion to the relevant trade union for implementation.
Note2- If the trade union or the applicant objects to the opinion of the chamber of guilds of the county, they may, within twenty days from the time of notification of the opinion of the chamber of guilds, refer their objection to that opinion of the said chamber to the supervisory commission.
The supervisory commission is obligated to announce its opinion within one month. The opinion of the supervisory commission in this regard is valid and enforceable, unless the Supreme Supervisory Board overturns the opinion of the supervisory commission within one month after receiving the objection.
In this case, the opinion of the Supreme Supervisory Board is final and binding. If either party objects, they may refer the matter to the competent judicial authorities.
Note3- For guilds whose number has not reached the minimum required for the formation of a trade union or which lack a trade union, the provision of a business license and other guild affairs shall be carried out through the homogeneous trade union or the chamber of guilds of the relevant county, as determined by the supervisory commission.
Note4- Guild units that are relocated as being polluting or a nuisance shall continue to remain members of the trade union of which they were previously members, even if they are situated within a new geographical boundary.
Article27- A place of business established by any natural or legal person for which a business license has not been issued shall be sealed, at the request of the trade union and with the confirmation of the chamber of guilds of the county, by the law enforcement force.
Note1- Before the established place of business is sealed, the person who established it shall be given a period of ten to twenty days to remove the goods present at the location.
Note2- Persons who break the seal or lock and seal of premises closed pursuant to this Law and use the said premises in any manner whatsoever for business, shall be sentenced to the penalties prescribed in the Islamic Penal Code.
Note3- Payment of duties by the persons referred to in this Article shall not establish any guild rights whatsoever.
Note4- If a guild unit lacking a business license is not identified, or the relevant trade union does not request that it be sealed, the chamber of guilds of the county and the Law Enforcement Force of the Islamic Republic of Iran are obligated to identify and seal units lacking a business license.
Note5- In the case of home-based occupations, other occupations, and distribution and consumer cooperatives formed pursuant to other laws and regulations, action shall be taken in accordance with those same laws and regulations.
Article28- A guild unit shall be temporarily closed for a period of from one week to six months only in the following cases, after undergoing the procedures set out in the bylaw to be approved by the Minister of Industry, Mine and Trade:
(a)- Engaging in another occupation or occupations at the place of business, other than that stated in the business license or authorized by the supervisory commission.
(b)- Closing the place of business without a justifiable reason for a period of at least fifteen days, for that category of guilds which, in the determination of the Supreme Supervisory Board, would cause hardship for the consumer.
Note- The determination of whether the reason is justifiable rests with the chamber of guilds of the county.
(c)- Failure to pay membership dues to the trade union in accordance with the criteria determined in the bylaw approved by the supervisory commission.
(d)- Failure to implement the resolutions and lawful directives of the Supreme Board and the supervisory commission which have been communicated to the guild units by the trade unions.
Note- The determination of non-implementation rests with the chamber of guilds of the county.
(e)- Failure to perform the duties of guild units under this Law.
Note1- The temporary closure of a guild unit, upon announcement by the trade union, is carried out directly through the law enforcement force.
Note2- Any guild individual whose business unit is closed may lodge a complaint with the supervisory commission.
The opinion of the supervisory commission, which shall be announced within a maximum of two weeks, is binding. If the guild individual objects, he may refer the matter to the competent judicial authorities.
Note3- Compensation for damages caused to a guild unit as a result of an unjustified closure with the authorization of the trade union or other authorities shall, on the basis of the opinion of the supervisory commission, rest with the person who issued the order.
Note4- In cases where the closure of a guild unit, as determined by the supervisory commission of the county, causes hardship for the consumer, the said guild unit shall be sentenced to a cash fine of from two million (2,000,000) Rials to twenty million (20,000,000) Rials.
Article29- Trade unions may undertake the collection of taxes, duties and service charges of ministries, municipalities and government-affiliated organizations, in accordance with the regulations and laws in force, pursuant to the concluded contract and in exchange for receiving a commission, and shall immediately deposit the amounts collected on account of taxes, duties or service charges into the relevant legal account.
Note- If no action is taken by the trade unions, the chamber of guilds of the county may, by concluding a contract and in exchange for receiving a commission, undertake the performance of the responsibilities prescribed in this Article.
Article30- The duties and powers of trade unions are as follows:
(a)- Submitting proposals to the chamber of guilds of the county for the preparation, formulation or amendment of the criteria for issuing business licenses and the various licenses required for occupations
(b)- Implementing the resolutions and directives of the Supreme Supervisory Board and the supervisory commission which are communicated to the trade unions within the framework of this Law
Note- The chamber of guilds of the county is obligated to communicate the resolutions and directives of the Supreme Supervisory Board and the supervisory commission to the trade unions within five days from the date of receipt.
After the expiry of this time limit, the Secretariat of the Supreme Supervisory Board and the supervisory commission may directly communicate their resolutions and directives to the trade unions for implementation.
(c)- Submitting proposals regarding guild affairs to the chamber of guilds of the county
(d)- Issuing business licenses upon receipt of the application and documents of applicants, in accordance with the relevant laws and regulations
(e)- Revoking business licenses and closing places of business in accordance with the provisions of this Law, announcing the same to the supervisory commission, and preventing the continued operation of guild units that are established without a business license pursuant to Article (27) of this Law, or whose license is revoked for any reason
(f)- Preparing the budget for the following year and submitting it, by the end of the month of Dey of each year, to the chamber of guilds of the county for review and approval
(g)- Preparing the annual balance sheet and submitting it, by the end of the month of Khordad of each year, to the chamber of guilds of the county for review and approval
(h)- Creating the facilities necessary for the training required by guild individuals, independently or with the assistance of governmental or non-governmental organizations
(i)- Forming commissions for handling complaints, resolving disputes, inspecting guild units, technical and educational commissions, and other commissions approved by the Supreme Supervisory Board
Note1- The members of the said commissions number between three and five persons, who are determined from among members holding a business license, on the proposal of the trade union and with the approval of the relevant chamber of guilds of the county.
Note2- The executive bylaw for this clause shall be prepared by the Secretariat of the Supreme Supervisory Board and the chambers of guilds of the provincial centers, and shall be approved by the Minister of Industry, Mine and Trade.
Note3- In the event of a guild dispute arising between guild individuals and the trade union, the matter shall be referred to the chamber of guilds of the county for examination and issuance of a ruling.
The objecting party may, in respect of the ruling issued, submit its objection to the supervisory commission within twenty days.
The opinion of the supervisory commission shall be final and binding. If either of the parties objects, they may refer the matter to the competent judicial authorities.
(j)- Collecting taxes, duties and service charges as agent on behalf of ministries, municipalities and government-affiliated organizations
(k)- Coordinating with the municipality and the city council for the purpose of creating guild towns and the gradual concentration of goods and wholesale transactions in designated urban squares and centers, in proportion to the needs of the city, in accordance with the regulations and criteria approved by the supervisory commission
(l)- Submitting proposals for the purpose of determining the price of goods and services, guild boundaries, and the number of guild units required each year for the issuance of business licenses, to the chamber of guilds of the county for review and approval by the supervisory commission
(m)- Other matters provided for in this Law
Note- In the districts and cities subordinate to the county center, where, as announced by the trade unions and approved by the Supreme Supervisory Board, the performance of guild services through the trade union is not possible, the relevant government offices, municipalities, affiliated organizations and offices of the chambers of guilds of the counties are, as the case may be, permitted to perform the said services.
(n)- Holding training courses on the rules of commerce and business, independently or with the assistance of the Guild Basij of the country, prior to the issuance and renewal of the business license of guild members
(o)- Trade unions having more than two thousand members and extensive guild markets may establish representative offices in various locations to assist and facilitate the handling of the affairs of clients.
Article31- The financial resources of each trade union are as follows:
(a)- Membership dues of guild individuals in the trade union
(b)- Funds received in exchange for non-mandatory services, such as technical and educational services, to guild members
(c) - Assistance received from natural or legal persons
(d) - Commission for the collection of taxes, duties and service charges of ministries, municipalities and government-affiliated organizations
(e)- A percentage of the funds received on account of the issuance and renewal of business licenses
Note1- Trade unions are obligated, at the time of issuing and renewing business licenses, to collect certain amounts from guild individuals and to deposit a percentage thereof into the account of the chamber of guilds of the county (referred to in Clause 1 of Article37 bis) and another percentage into the account of the Chamber of Guilds of Iran (referred to in Clause 1 of Article 47).
The amount of the sums received and the percentage share of the chambers of guilds of the county and of Iran, and the manner of collecting the said funds, and the other clauses of this Article, in proportion to the situation of the trade union, the type of occupation and the city, shall be permissible only within the framework of a bylaw which shall be prepared, on the proposal of the Chamber of Guilds of Iran and in cooperation with the chambers of guilds of the provinces, by the Secretariat of the Supreme Supervisory Board, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from the date this Law becomes effective.
Note2- Trade unions are obligated to deposit twenty percent (20%) of the amounts received pursuant to this Article into the account of the chamber of guilds of the county.
Amounts collected for the purpose of building construction and holding training courses, in the form of contributions received from members, are, with the confirmation of the chamber of guilds of the county, exempt from the provisions of this Note.
Note 1- The chamber of guilds of the county has non-profit and non-commercial legal personality and acquires official status after registration with the Provincial Organization of Industry, Mine and Trade.
Note2- In counties that have two chambers of guilds, the supervisory commission is obligated, after the expiry of the legal term of office of the board of directors, to merge the said chambers with one another.
The property, assets, rights and obligations of the former chambers shall, following the merger, be transferred to the new chamber under the supervision of the said supervisory commission.
Note 3- If guild affairs assemblies are merged, all property, assets, rights and obligations of the former assemblies shall be transferred to the chamber of guilds under the supervision of the supervisory commission.
Note 4 - If a chamber of guilds is divided, all of its property, assets, rights and obligations shall be transferred, in proportion to the number of members, under the supervision of the supervisory commission, to the new assemblies.
Article33- In provincial centers and counties, the board of directors of the chamber of guilds of the county shall have five principal members, comprising, in order, one chairman, two vice-chairmen (first and second), one secretary and one treasurer, and two alternate members.
Two of the principal members of the board of directors are elected from among the production-technical services guilds, two from the distribution-services guilds, and one from among those obtaining a majority of votes.
Article 34 - Meetings of the chamber of guilds shall be held and shall be valid with the presence of at least two thirds of the members, and the decisions taken shall be valid with a majority of one half plus one of the votes of those present at the meeting.
Note - The term of office of the representative of each trade union on the relevant chamber of guilds shall last until the end of the term of his office on the board of directors of the trade union.
In the event of the death, illness, deprivation of social rights, resignation, incapacity or removal of any representative, the trade union shall, in accordance with Articles (22) and (23) of this Law, proceed to introduce another representative for the remaining term to the chamber of guilds.
Article 35 - The chamber of guilds of the county shall, at the first meeting of each term, elect the board of directors of the chamber for a period of four years.
There is no impediment to the re-election of the said members, within the limits of Article (12).
Article 36- The manner of electing the board of directors of the chamber of guilds, the duties of the board of directors, the manner of holding meetings and the number of its commissions, and other regulations relating to the administration of the chamber of guilds and the remuneration for their services shall be as set out in a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in consultation with the chambers of guilds of the provincial centers, and shall be approved by the Minister of Commerce.
Article 37- The duties and powers of the chamber of guilds are as follows:
(a) - Creating coordination between the trade unions, supervising their performance, and guiding the guilds.
(b) - Formulating and approving the financial, employment, administrative, educational and organizational bylaws of the trade unions and amendments thereto.
(c) - Expressing an opinion on the special internal criteria of the trade unions under its coverage for the issuance of business licenses, for the review and approval of the supervisory commission.
(d) - Supervising the proper performance of the actions of the trade unions regarding the issuance of business licenses in terms of conformity with the provisions of this Law and its bylaws.
(e) - Confirming, selecting and introducing representatives of the trade unions to the tax affairs offices, the tax dispute resolution boards and other authorities to which the introduction of a representative on behalf of the guilds is made pursuant to law.
(f) - Implementing the resolutions of the Supreme Supervisory Board, the supervisory commission and the Chamber of Guilds of Iran, pursuant to the provisions of this Law
(g) - Supervising the implementation of the technical, health, safety, disciplinary, protective, insurance, beautification and other regulations relating to guild units that are established by the relevant authorities. Also cooperating with law enforcement officers in enforcing the regulations.
Note - If guild individuals encounter the objection of the owner of the property in performing the disciplinary criteria that are determined in special cases and communicated through the chamber of guilds, and also in implementing health, safety or beautification regulations, they may obtain the approval of the chamber of guilds and, at their own expense, take the appropriate action.
(h) - Examining the objections of guild individuals to the decisions of the trade unions.
(i) - Selecting and introducing one representative from among the members of the board of directors to the supervisory commission for supervising the proper conduct of the elections of the boards of directors of the trade unions.
(j) - Proposing the formation of a new trade union or the merger of trade unions or the division of one trade union into two or more trade unions for a decision by the supervisory commission.
(k) - Determining the type and price of the goods and services that the individuals of each guild may sell, supply or provide, and proposing it for a decision by the supervisory commission and announcing the resolution of the commission to the trade unions for communication to guild individuals with the aim of preventing guild overlap.
(l) - Collecting the necessary information and statistics by appropriate means for determining the boundaries and number of guild units proportionate to the population and needs and submitting it to the supervisory commission for a decision.
(m) - Arranging the working hours and holiday days of guild units having regard to the nature and type of their work and submitting a plan for a decision by the supervisory commission.
Note to clause (m) - For the purpose of creating uniformity of procedure between the supervisory commissions of the counties, the directive on the manner of arranging the working hours and holiday days of guild units shall be based on a directive prepared, on the proposal of the Chamber of Guilds of Iran and in cooperation with the law enforcement force, by the Secretariat of the Supreme Supervisory Board, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from this Law becoming effective.
(n) - Cooperating and assisting other chambers of guilds and the Chamber of Commerce, Industries and Mines of Iran and the Chamber of Cooperatives.
(o) - Approving the budget, balance sheet and financial statements of trade unions after examining them and supervising the financial operations of trade unions.
(p) - Grading guild units, where necessary, in accordance with the criteria and regulations prepared by the Ministry of Commerce in consultation with the law enforcement force and the relevant trade unions and approved by the supervisory commission.
(q) - Implementing the scientific, educational, cultural and research programs required to raise the level of awareness of the boards of directors of trade unions, in cooperation with the relevant executive agencies and private sector and the Guild Basij of the country, within the framework of the regulations
(r) - Preparing the annual balance sheet and financial statements and submitting it within two months after the end of each financial year to the supervisory commission for review and approval.
Note - The supervisory commission is obligated to examine the balance sheet and financial statements within one month and announce the result to the chamber of guilds. Approval of the balance sheet shall be deemed a settlement for the performance period of the chamber of guilds.
(s) - Preparing the budget for the following year and submitting it by the first of Bahman of each year to the supervisory commission for approval and supervising its implementation.
Note - The supervisory commission is obligated, by the end of the month of Bahman, to review the proposed budget of the chamber of guilds and announce it after approval.
(t) - Other matters provided for in this Law.
(u) - Forming inspection and supervision units for the purpose of supervising the performance of guild units and examining complaints
(v) - Membership of the chairmen of the chambers of guilds of the counties and provincial centers on the administrative council of the counties and provincial centers
Note 1 - The administration of the affairs of the chamber of guilds, and also the follow-up and implementation of the resolutions of the assembly of the chamber of guilds, and also the responsibility for follow-up and implementation of clauses (a), (d), (e), (g), (h), (i), (l), (n), (p) and (q) of this Article, shall be delegated to the board of directors of the chamber of guilds, and other duties and powers delegated to the general assembly of the members of the chamber of guilds.
Note 2 - The chamber of guilds shall provide the necessary cooperation with the Ministry of Education regarding the teaching of the skills of the work-knowledge branch.
Note 3 - Chambers of guilds are authorized to take action, for forming a guild bank, a credit institution, a benevolent loan fund, a credit cooperative company and other monetary, banking, financial and credit institutions, in accordance with the laws and regulations in force in the country.
Article 37 - bis: The financial resources of the chamber of guilds of the county are as follows:
1 - Twenty percent (20%) received from the income of trade unions
2 - A percentage of the funds arising from guild fines and violations referred to in Note (7) of Article (72) of this Law
3 - Funds received in exchange for providing non-mandatory services to natural and legal persons, whether governmental or non-governmental
Article 38- In counties where certain trade unions, due to lacking the necessary facilities and capabilities, are unable to undertake the issuance of business licenses, the responsibility for issuing business licenses shall be temporarily delegated to the chamber of guilds, on the proposal of that trade union and approval of the supervisory commission.
If the problem is resolved, the responsibility for issuing business licenses shall be placed upon the trade union again, on the proposal of the same trade union and approval of the supervisory commission.
Article 39- The duties of the inspection commission of the chamber of guilds are as follows:
(a) - Inspecting matters relating to trade unions for the purpose of ascertaining compliance with guild criteria and regulations and preparing the necessary reports.
Note - The commission is obligated to submit the results of its examination and reports through the board of directors of the chamber of guilds for review by the supervisory commission.
(b) - Inspecting and handling complaints and objections that are received by the chamber of guilds and submitting the necessary report to the chamber of guilds.
Article 40 - The officials of the chamber of guilds and trade unions are obligated to provide the necessary facilities for performing the duties that are assigned to the inspection commission pursuant to this Law.
This chamber has independent, non-commercial, non-profit legal personality and has no branches.
Article 42 - The Chamber of Guilds of Iran is composed of representatives of the boards of directors of the chambers of guilds of the counties of the country.
The number of representatives of the chambers of guilds of each province on the Chamber of Guilds of Iran is one, and for every twenty thousand guild units, one additional representative shall be added, who shall, under the supervision of the supervisory commission of the provincial center and by secret vote of the members of the boards of directors of the chambers of guilds of the counties of that province, be elected and introduced to the Secretariat of the Supreme Supervisory Board.
The number of representatives of Tehran province shall be a maximum of twenty, and of the other provinces a maximum of ten.
Note 1 - Half of the representatives in each case shall always be from the production - technical services guilds and the other half from the distribution - services guilds.
Note 2 – The expenses of the members of the Chamber of Guilds of Iran in respect of attendance and performance of assigned duties shall be determined, having regard to the budget of the chamber, in the bylaw referred to in Article (46) of the Law, and they shall not be entitled to receive any amount other than the foregoing.
Note 3 - The chairman of the chamber of guilds of the provincial center is one of the representatives of that province on the Chamber of Guilds of Iran.
Note 4 - Whenever a new province is formed pursuant to law, the current representatives of the relevant provinces on the Chamber of Guilds of Iran shall continue their membership and activity until the end of the term.
Article43 - The board of directors of the Chamber of Guilds of Iran is composed of seven persons, comprising three from the production-technical services guilds and three from the distribution-services guilds, who are elected by secret vote of the members of the Chamber of Guilds of Iran for a period of four years.
The seventh member is determined, on the proposal of the Ministry of Industry, Mine and Trade and with the approval of the Supreme Supervisory Board, from among persons committed to and knowledgeable of guild matters.
Note 1- The term of office of the board of directors of the Chamber of Guilds of Iran may not exceed the remaining term of their membership on the board of directors of the chamber of guilds.
Upon the expiry of the term of office of each member, another member shall, subject to the provisions of this Article, take his place.
Text added to the beginning of Note (2): Members of the Chamber of Guilds of Iran, in order to be elected to the board of directors of the chamber, must have prior experience of one term of membership on the board of directors of the Chamber of Guilds of Iran or of a chamber of guilds of a county.
Note 2 - The manner of reviewing the qualification of, and holding the election of, the board of directors of the Chamber of Guilds of Iran shall be as set out in a bylaw that shall be prepared on the proposal of the chambers of guilds of the provincial centers and shall be approved by the Minister of Commerce.
Article 44 - Within fifteen days after the election of the board of directors of the Chamber of Guilds of Iran, this board shall hold a meeting and elect from among its members one chairman, two vice-chairmen (first and second), one secretary and one treasurer. The periodic meetings of the Chamber of Guilds of Iran shall be held at the premises of the Chamber of Guilds of Iran or any other location announced to the members in writing.
Article 45 - The duties and powers of the Chamber of Guilds of Iran are as follows:
1 - Communicating the executive and supervisory directives approved by the Supreme Supervisory Board to the chambers of guilds of the counties
2 - Providing advisory opinions on guild matters to the Ministry of Industry, Mine and Trade and other executive agencies
3 - Organizing matters related to guilds and participating in market regulation
4 - Preparing the annual budget of the chamber and submitting it by the first of Bahman of each year to the Secretariat of the Supreme Supervisory Board for review and approval by the Supreme Supervisory Board
5 - Preparing the annual financial balance sheet and submitting it by the end of the month of Ordibehesht of each year to the Secretariat of the Supreme Supervisory Board for
review and approval by the Supreme Supervisory Board
6 - Supervising the performance of the chambers of guilds of the counties and provincial centers and managing their inspection and supervision of guild units
7 - Other matters assigned by the Supreme Supervisory Board and the Ministry of Industry, Mine and Trade, in line with the delegated powers, within the framework of this Law
Note1 - The Chamber of Guilds of Iran may delegate a portion of its duties and powers to the chambers of guilds of the provinces and counties.
Note2 - The directives referred to in this Article must be formulated in such a manner as not to entail interference with the legal duties and powers of the Supreme Supervisory Board, the supervisory commissions, the trade unions and the chambers of guilds of the provincial centers and counties.
Note3 - The chairman of the Chamber of Guilds of Iran shall become a member of the Council for Dialogue between the Government and the Private Sector.
Note4 - The Chamber of Guilds of Iran may, in performing its duties, form specialized guild commissions composed of members of the trade unions of that guild throughout the country.
Article 46 - The manner of administration, the expenditure of the funds of the Chamber of Guilds of Iran and the reimbursement of the acceptable expenses arising from the membership of members on the council, shall be as set out in a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in consultation with the chambers of guilds of the provincial centers and shall be approved by the Minister of Commerce.
Article47: The financial resources of the Chamber of Guilds of Iran are as follows:
1 - Three percent (3%) of the income of the chambers of guilds of the counties
2 - Funds received on account of the provision of non-mandatory technical and educational services
3 – Voluntary and gratuitous public contributions
4 - Funds derived from the printing and sale of published journals, books and pamphlets for the purpose of raising the level of information and awareness of the members of the boards of directors of trade unions and guild individuals
5 - Income referred to in Note (7) of Article (72) of this Law
Note: The amount and manner of collection of the foregoing items shall be in accordance with a bylaw prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Chamber of Guilds of Iran, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from this Law becoming effective.
(a) - In the counties of the provincial centers, composed of the directors-general and heads of the provincial organizations and agencies, or their deputies where they exist, as follows:
1 - Industry, Mine and Trade (chairman of the commission)
2 - Tax Affairs
3 - Health, Treatment and Medical Education
4 - Government Discretionary Punishments
5 - Law Enforcement Force
6 - Standard and Industrial Research
7 - Consumer Protection Association
8 - Guild Basij
9 - Chamber of Commerce, Industries, Mines and Agriculture of the Province
10 - Chamber of Cooperatives of the Province
11 - Chairman of the Islamic Council of the Province
12 - Chairman and Vice-Chairman of the Chamber of Guilds of the Provincial Center
13 - The informed and fully authorized representative of the Governor-General
(b) - In the other counties of each province, composed of the heads or relevant deputies of the following offices and agencies, where they exist:
1 - Industry, Mine and Trade (chairman of the commission)
2 - Tax Affairs
3 - Health, Treatment and Medical Education
4 - Government Discretionary Punishments
5 - Law Enforcement Force
6 - County Consumer Protection Association
7 - Chamber of Commerce, Industries, Mines and Agriculture of the County
8 - Chamber of Cooperatives of the County
9 - Guild Basij
10 - Chairman and Vice-Chairman of the Chamber of Guilds of the County
11 - The informed and fully authorized representative of the Governor
12 - Chairman of the Islamic Council of the County
Note 1 - Meetings of the aforementioned commissions shall be valid with the presence of at least seven members, and decisions shall be valid with an absolute majority of the votes of those present.
Note 2 - The supervisory commission may invite competent and expert persons, and also the representative of the relevant governmental or public agencies, without having the right to vote, to attend its meetings.
Note3 - The supervisory commissions of the provincial centers shall have a secretariat that is based in the Provincial Organization of Industry, Mine and Trade. The administrative and financial organization and the manner of operation of the aforementioned secretariats shall be in accordance with a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in consultation with the Provincial Organizations of Industry, Mine and Trade, and shall be approved by the Supreme Supervisory Board within three months from the date this Law becomes effective.
Article 49 - The duties and powers of the supervisory commission are as follows:
(a) - Deciding on the merger of trade unions or the division of one trade union into two or more trade unions, determining guild categories, and approving the formation of a new trade union if necessity is determined, or upon consultation with the chamber of guilds of the county
Note - The status of the property, assets, rights and obligations of a trade union that is divided into two or more trade unions shall be determined in accordance with a bylaw prepared by the Secretariat of the Supreme Supervisory Board on the proposal of the Chamber of Guilds of Iran, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of six months from the date this Law becomes effective.
(b) - Supervising the elections of trade unions and chambers of guilds.
(c) - Examining and inspecting the performance of trade unions and chambers of guilds and verifying the conformity of their actions performed with the laws and regulations.
(d) - Examining the budget, balance sheet and financial statements of the chamber of guilds and approving them.
(e) - Other matters that are provided for in this Law.
Note 1 - The supervisory commission is obligated to implement the decisions of the Supreme Supervisory Board within the limits of its legal duties and powers.
Note 2 - The supervisory commission of each county is obligated, based on available resources and for the purpose of observing the public interest and preserving the rights of others, at the beginning of each year, based on the directive determined by the Supreme Supervisory Board, to determine the number of units required for each guild in each county and to communicate it to the relevant trade unions for the issuance of business licenses.
Article 50 - The responsibility for creating the necessary coordination and cooperation between the supervisory commissions, trade unions and the chamber of guilds of the province rests with the chairman of the supervisory commission of the county that is the provincial center.
The chairman of the supervisory commission of the county that is the provincial center is obligated, by holding meetings and gatherings and taking the necessary measures, to provide the basis for performing the affairs.
Article51- The supervisory commission is obligated to determine, for a specified period and in accordance with the pricing directive of the Supreme Supervisory Board, the price of public and monopoly goods and services and of subsidized and essential basic goods, the pricing of which the Supreme Supervisory Board deems necessary, and to announce it to the relevant chamber of guilds.
The price of goods and services determined by the Islamic Consultative Assembly, the Government or the Economic Council shall be binding upon the commission.
The chamber of guilds of the county is obligated to publish the matter through the mass media for public information, and to announce it through the trade unions to guild individuals and units. All guild individuals and units are required to observe the prices determined by the supervisory commission.
Article 52- The supervisory commission is obligated, for the purpose of supervising guild units, to appoint inspectors and observers from among its trusted persons. The report of the inspectors and observers may be pursued before the competent legal authorities.
Identification cards shall be issued for the inspectors and observers by the supervisory commission.
Note - The Secretariat of the Supreme Supervisory Board is obligated, within six months after this Law becomes effective, to prepare the executive bylaw on the manner of selecting and financing the inspectors and observers referred to in this Article and on the manner of supervising and dealing with their violations, and to have it approved by the Minister of Industry, Mine and Trade.
(a) - The Minister of Industry, Mine and Trade (chairman of the Board)
(b) - The Minister of Culture and Islamic Guidance
(c) - The Minister of the Interior
(d) - The Minister of Health, Treatment and Medical Education
(e) - The Minister of Justice
(f) - The Minister of Economic Affairs and Finance
(g) - The Chairman of the Supreme Council of Provinces
(h) - The Commander of the Law Enforcement Force of the Islamic Republic of Iran
(i) - The board of directors of the Chamber of Guilds of Iran
(j) - The Chairman of the Chamber of Commerce, Industries, Mines and Agriculture of Iran
(k) - The Secretary-General of the Chamber of Cooperatives of Iran
(l) - The representative of the Guild Basij of the country
(m) - Two representative members of the Economic Commission of the Islamic Consultative Assembly, elected by the Assembly, as observer members without the right to vote
Note 1 - Meetings of the Supreme Supervisory Board shall be valid with the presence of a relative majority of the members.
Note 2 - Other ministers shall, based on the agenda of the meeting, attend the meetings with the right to vote.
Note 3 - The Supreme Supervisory Board may invite competent and expert persons to attend its meetings without having the right to vote.
Article 54 - The Supreme Supervisory Board has a secretariat that is based in the Ministry of Commerce.
The secretariat is considered the executive arm of the Supreme Supervisory Board and, in addition to coordinating affairs, is responsible for the duties of preparing and drafting the documents required for approval by the Board and submitting proposals.
The administrative organization and financial affairs and the manner of administration of the secretariat shall be as set out in a bylaw that shall be approved by the Minister of Commerce.
Article 55 - The duties and powers of the Supreme Supervisory Board are as follows:
(a) - Annulling the elections or removing the board of directors of trade unions or chambers of guilds
(b) - Annulling the elections or removing the board of directors of trade unions or chambers of guilds of counties, on the proposal of the supervisory commission.
(c) - Annulling the elections or removing the board of directors of the Chamber of Guilds of Iran.
(d) - Examining disputes between the supervisory commission and the chamber of guilds or the Chamber of Guilds of Iran.
(e) - Determining the directive for supervising the manner of issuing business licenses at the national level.
(f) - Determining the directive for supervising the proper performance of legal duties and creating coordination between the supervisory commissions, trade unions and the Chamber of Guilds of Iran and the chambers of guilds of the counties, and supervising their activity within the limits of the provisions of this Law.
(g) - Providing appropriate executive solutions for the supply of goods and services of guild units in accordance with the laws and regulations in force in the country.
(h) - Examining and determining the guilds subject to the Trade Union System Law of the country
(i) - Preparing and approving the necessary directives relating to the manner of pricing the goods and services of guild units
Article 56 - The Supreme Supervisory Board may delegate a portion of its duties to the supervisory commissions of the provincial centers.
The penalty for overcharging, having regard to the number of repetitions during each year, is as follows:
The offender, in addition to being required to pay the damages caused to the buyer or consumer, shall be fined, on the first occasion, twice the amount of the overcharge, and, on the second occasion, four times the amount of the overcharge.
On the third occasion, he shall be fined six times the amount of the overcharge, and, in addition to paying the fine, a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of two weeks.
On the fourth occasion, he shall be fined eight times the amount of the overcharge, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of one month.
On the fifth occasion and thereafter, he shall be fined ten times the amount of the overcharge, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of two months. Also, for a period of six months, his business license shall be suspended and the place of business shall be closed.
Article 58 - Short measure/short weight: This means the supply or sale of goods or the rendering of a service in an amount less than the prescribed quantity or standard.
The penalty for short measure, having regard to the number of repetitions during each year, is as follows:
The offender, in addition to being required to pay the damages caused to the buyer or consumer, shall be fined, on the first occasion, twice the amount of the shortfall, and, on the second occasion, four times the amount of the shortfall.
On the third occasion, he shall be fined six times the amount of the shortfall, and, in addition to paying the fine, a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of two weeks.
On the fourth occasion, he shall be fined eight times the amount of the shortfall, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of one month.
On the fifth occasion and thereafter, he shall be fined ten times the amount of the shortfall, and for a period of two months a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender. Also, for a period of six months his business license shall be suspended and the place of business shall be closed.
Note - Failure to provide after-sales services during the warranty (guarantee) period by the party bound thereto shall be deemed short measure, and the offender shall, in addition to performing the relevant service, also be sentenced to the fines referred to in this Article. The basis for calculating the value of after-sales services shall be the expert valuation of the services in question, determined by experts of the Consumer and Producer Protection Organization.
Article 59 - Fraud: This means the supply or sale of goods or the rendering of a service that, in terms of quality or quantity, does not conform to the specifications of the goods or service declared or requested.
The penalty for fraud, having regard to the number of repetitions during each year, is as follows:
The offender, in addition to being required to pay the damages caused to the buyer or consumer, shall be fined, on the first occasion, an amount equal to twice the difference in value between the goods or service declared or requested and the goods supplied or sold or the service rendered, and, on the second occasion, four times the said difference.
On the third occasion, he shall be fined six times the difference, and, in addition to paying the fine, a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender for a period of two weeks.
On the fourth occasion, he shall be fined eight times the difference, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender for a period of one month.
On the fifth occasion and thereafter, he shall be fined ten times the difference, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender for a period of two months. Also, for a period of six months his business license shall be suspended and the place of business shall be closed.
Note1 - If the buyer requests the return of the goods that were the subject of the fraud, the seller, in addition to paying the prescribed fine, is obligated to accept the goods and refund the amount received to the buyer, and, if he refuses, the guild unit shall be closed until the ruling is fully executed.
Note 2 - If a more severe penalty is prescribed in other laws for the fraudulent act, the fraudulent person shall be sentenced to that penalty.
Note 3 - The supply, keeping for the purpose of sale, and sale of goods without the Iran Standard mark, and the provision of services without the approval of the Institute of Standards and Industrial Research of Iran, where the standard for the goods or services has been made mandatory, shall be subject to the provisions of this Article.
Note4 - The sale of goods past their expiry date shall be deemed fraud, and the perpetrator shall be sentenced to the fine prescribed in this Article. If the goods or services supplied are, in the opinion of an expert, unfit for use, the fine and damages shall be calculated on the basis of the price at which they were supplied.
Article 60 - Hoarding: This means the keeping of goods in bulk, as determined by the competent authorities, and refusing to supply them for the purpose of overcharging or causing harm to society after the announcement of the necessity of supply by the Ministry of Commerce or other relevant legal authorities.
The penalty for hoarding, having regard to the number of repetitions during each year, is as follows:
First occasion - Requiring the hoarder to supply and sell all of the hoarded goods, and a cash fine equal to seventy percent (70%) of the current price of the hoarded goods
Second occasion - Requiring the hoarder to supply and sell all of the hoarded goods, and a cash fine equal to three times the current price of the hoarded goods, and posting a banner or sign over the entrance of the place of business identifying him as a guild offender, and closing the place of business for a period of one month
Third occasion: Requiring the hoarder to supply and sell all of the hoarded goods, and a cash fine equal to seven times the current price of the hoarded goods, and posting a banner or sign over the entrance of the place of business identifying him as a guild offender, and closing the place of business for a period of three months
Note1 - Failure to report the monthly inventory of goods to the relevant trade union by producers and wholesale and retail distributors who keep their goods in bulk in a warehouse or any other location shall be deemed a violation only with respect to goods that the supervisory commission deems necessary, and offenders shall be treated in accordance with the relevant regulations.
Note 2 - For the purpose of detecting a violation, where there is evidence indicating the accuracy of a report and the necessity of entering the place of concealment or hoarding of goods, if the inventory referred to in Note (1) of this Article has not been reported, the branches of the State Discretionary Punishments Organization, as the case may be, in compliance with the legal regulations and under the supervision of the provincial director-general or the head of the county office of discretionary punishments, shall issue permission to enter the said location, and the law enforcement force is obligated to implement the order for notification and enforcement of the rulings of the branches of the State Discretionary Punishments Organization.
Article 61 - Supply outside the network: This means the supply of goods or the rendering of a service contrary to the criteria and networks determined by the Ministry of Commerce or the relevant executive agency.
The penalty for supply outside the network, having regard to the number of repetitions during each year, is as follows:
(a) - First occasion - Requiring the supply of the goods or the rendering of the service within the network and a cash fine equal to twice the current value of the goods or service removed from the network at the time of the violation.
(b) - Second occasion - Requiring the supply of the goods or the rendering of the service within the network and a cash fine equal to four times the current value of the goods or service removed from the network at the time of the violation.
(c) - Third occasion - Requiring the supply of the goods or the rendering of the service within the network and a cash fine equal to six times the current value of the goods or service removed from the network at the time of the violation and posting a banner or sign over the entrance of the place of business identifying him as a guild offender for a period of one month.
Note: The executive bylaw for this Article, regarding the manner of implementation, the manner of allocating and paying a discovery fee to the officers or relevant agency, and the keeping of the goods, shall be prepared by the Chamber of Guilds of Iran in cooperation with the relevant agencies, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from the date the Law becomes effective.
Article 62 - Supplying and selling smuggled goods: The transportation, keeping, supply and sale of smuggled goods by guild units is prohibited and the offender shall, having regard to the number of repetitions during each year, be fined as follows:
(a) - First occasion - A cash fine equal to twice the current price of the smuggled goods and confiscation of the smuggled goods on hand in favor of the State.
(b) - Second occasion - A cash fine equal to five times the current price of the smuggled goods, confiscation of the smuggled goods on hand in favor of the State and posting a banner or sign over the entrance of the place of business identifying him as a guild offender for a period of one month.
(c) - Third occasion - A cash fine equal to ten times the current price of the smuggled goods , confiscation of the smuggled goods on hand in favor of the State and posting a banner or sign over the entrance of the place of business identifying him as a guild offender and closing the place of business for a period of six months.
(d) - If a more severe penalty is prescribed in other laws for the supply and sale of smuggled goods, the offender shall be sentenced to that penalty.
Article 63 - Failure to comply with the pricing and distribution criteria: This means the failure to submit the documents required for implementing the pricing and distribution criteria to the legal authorities without a justifiable excuse within three months from the date of customs clearance of the imported goods or service or taking possession of the domestic production for that category of goods and services that are subject to pricing by the relevant legal authorities.
Note - The determination of whether the excuse is justifiable rests with the Ministry of Commerce.
The penalty for failure to comply with the pricing and distribution criteria, having regard to the number of repetitions during each year of the violation, is as follows:
(a) - First occasion - A cash fine equal to half the official price of the goods or service.
(b) - Second occasion - A cash fine equal to twice the official price of the goods or service.
(c) - Third occasion - A cash fine equal to four times the official price of the goods or service and posting a banner or sign over the entrance of the place of business identifying him as a guild offender and closing the place of business for a period of one month.
Article 64 - Compulsory sale: This means the compulsory sale of one or more types of goods or service together with another item of goods or service.
The penalty for compulsory sale is as follows:
(a) - For the compulsory sale of goods, requiring the seller to take back the goods and a cash fine equal to five times the sale price of the imposed goods.
(b) - For the compulsory sale of a service, compensation for the damages caused to the buyer and a cash fine equal to five times the amount of the compulsory service.
Article 65 - Failure to display the price: This means failing to affix a price label to the goods, failing to use a service fee rate sign at the place of business or trade, or displaying the price in a manner that is not visible to customers.
The fine for failure to display the price for each occasion of the violation is two hundred thousand Rials.
Article 66 - Failure to issue an invoice: This means refraining from issuing an invoice that conforms to the characteristics set out in Article (15) of this Law.
The fine for failure to issue an invoice for each occasion of the violation is two hundred thousand Rials.
Article 67 - If, as a result of the occurrence of the violations set out in this Law, damage is caused to third parties, then, at the request of the person sustaining the damage, the offending guild individual, in addition to the fines prescribed in this Law, shall also be sentenced to compensate for the losses caused to the person sustaining the damage.
Note: Any guild individual who does not keep a copy of the purchase invoice for the goods in his guild unit, or who refuses to present it to inspectors, shall be sentenced to a fine of five hundred thousand (500,000) Rials.
Article 68 - Failure to observe the provisions of Articles (16) and (17) and the regulations referred to in clause (k) of Article (37) of the Law by a guild individual shall be deemed a violation, and the offender shall be sentenced to a cash fine of two million (2,000,000) Rials on the first occasion, five million (5,000,000) Rials on the second occasion, and ten million (10,000,000) Rials on the third occasion and thereafter.
Article 69 - The sale of goods through a lottery drawing is prohibited. Offenders shall, in addition to compensating for the damage caused, be sentenced to a fine equal to three times the amounts received.
Article 70 - If natural or legal persons cause damage to persons through an extraordinary sale or an installment sale, they shall, in addition to compensating for the damage caused to the buyer, be required to pay a cash fine equal to the amount received or the current price of the goods or service supplied.
Note - The executive bylaw for this Article shall, within six months from the date of approval of this Law, be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Article71 - For the purpose of facilitating transactions, registration and documentation, supervision of prices and transparency in economic exchanges, guild individuals supplying goods or services are obligated, in accordance with the prioritization of occupations announced each year, to use the mechanized sales register system ( posse ). The equivalent of the expenses incurred for the purchase, installation and setup of the sales register device, whether hardware or software, by the owners of the said occupations, shall be deductible from the taxable income of the said taxpayers in the first year of use.
Failure of the owners of the said occupations to use the sales register in any year shall result in the loss of the tax exemptions prescribed in the Law for the relevant year.
Note: The determination of the guilds subject to this requirement, the prioritization and manner of using the register, and the manner of providing its information to the relevant authorities, shall be in accordance with a bylaw prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Tax Affairs Organization and the Chamber of Guilds of Iran, and approved by the Council of Ministers within a maximum of three months from the date this Law becomes effective.
Article 72 - Buyers and consumers, and also the inspectors and observers referred to in Article (52) of this Law, may submit, send or announce their complaint or report regarding violations under this Law to the relevant trade unions .
Trade unions are obligated, within a maximum of ten days, to examine the complaint or report of a violation received, and, if it is established that the guild individual committed no violation or the complainant withdraws, to close the case, and, if a violation is established or the complainant objects, to submit the case, in the provincial center, to the State Discretionary Punishments Organization, and, in the counties, to the offices subordinate to the said organization.
The State Discretionary Punishments Organization and its subordinate offices in the counties are obligated, within a maximum of two weeks, to examine the case at a session to which the complainant and the respondent are invited, and to issue the appropriate ruling in accordance with the provisions of this Law.
Note1 - The issuance of a ruling regarding violations under this Law, other than the cases set out in Note (2) of this Article, shall be carried out directly by the heads of the branches of the State Discretionary Punishments Organization, with the complainant and the respondent invited.
The attendance of representatives of the Organization of Industry, Mine and Trade and of the relevant chamber of guilds or trade union at the hearings on the violations referred to in this Note is not prohibited. Appeals regarding the violations referred to in this Note shall be conducted in accordance with the regulations of the State Discretionary Punishments Organization.
Note 2 - The initial examination of violations under Articles 57 (overcharging), 58 (short measure), 59 (fraud), 60 (hoarding) and 63 (failure to implement the pricing and distribution criteria), in cases where the subject matter of the complainant's complaint or the inspector's report indicates a violation exceeding three million (3,000,000) Rials, shall be conducted by a board composed of one of the heads of the branches of the State Discretionary Punishments Organization, a representative of the chamber of guilds and a representative of the Organization of Industry, Mine and Trade, with the complainant and the respondent invited.
The aforementioned threshold may be changed each year based on the annual inflation rate, on the proposal of the Ministry of Industry, Mine and Trade and approval of the Council of Ministers.
If either of the parties appeals, an appellate board composed of one of the heads of the appellate branches of the State Discretionary Punishments Organization, a representative of the chamber of guilds of the county and a representative of the office of Industry, Mine and Trade of the county shall examine the matter.
The representatives of the chamber of guilds and the office of Industry, Mine and Trade of the county on the appellate board relevant to each case must be persons other than the representative of the said agencies on the board of first instance that examined that same case.
Sessions of the boards of first instance and appeal are valid with the presence of all three official members, and the rulings issued are valid with two votes in favor.
Note 3 - The procedures for hearings, including notification, holding of sessions, objection and enforcement of rulings, shall be conducted in accordance with the regulations of the State Discretionary Punishments Organization.
Note 4 - Regarding the violations under Note (2), if there is no office of Industry, Mine and Trade or chamber of guilds in the relevant county, representatives of the nearest county shall participate in the session.
Note 5 - If it is not possible to form a hearing board in a county, upon the determination of the head of the provincial State Discretionary Punishments Organization, one of the hearing boards of a neighboring county or of the provincial center shall undertake the prescribed duties.
Note 6 - The administration of the affairs of the authorities of first instance, appeal and branches, and the responsibility for holding hearing sessions, rests with the State Discretionary Punishments Organization of the county or province. Also, the responsibility for coordinating and examining violations of the boards, issuing and notifying rulings, and training inspectors and observers, rests with the State Discretionary Punishments Organization.
The manner of supervision and inspection, preparation of reports, enforcement of rulings, and examination of complaints and violations under this Law, and the preparation of its executive and financial directive, shall be in accordance with this Law.
Note7 - Income arising from fines collected shall be deposited into the Treasury account, and an equivalent amount shall be included in the annual budgets and, after covering the financial burden of Article (44) of this Law, shall be placed by the Ministry of Industry, Mine and Trade equally at the disposal of the State Discretionary Punishments Organization, the Chamber of Guilds of Iran and the Ministry of Industry, Mine and Trade, to be spent in implementing this Law.
Note 8 - Either of the parties, if objecting to the rulings issued by the State Discretionary Punishments Organization, may bring an action before the Administrative Justice Court.
Article72 - bis: The Judiciary, the Law Enforcement Force of the Islamic Republic of Iran, all ministries and executive agencies, institutions, organizations, State-owned companies, other State agencies and companies to which the application of a law requires express mention or specification of the name, non-governmental public institutions and the organizations affiliated with the State Organization for Registration of Deeds and Property, and the banks, are obligated to cooperate with the State Discretionary Punishments Organization in enforcing rulings on violations under this Law.
Article 73 - From the time this Law becomes effective, the examination of violations by guild individuals and the determination of their fines shall take place only pursuant to the provisions of this Law. Laws and regulations conflicting with this Law, including resolutions of the Expediency Discernment Council of the System regarding government discretionary punishments relating to guilds and guild units under this Law, are hereby repealed.
Article74 - The amount of the cash fines determined in this Law may be adjusted each year based on the annual inflation rate, on the proposal of the Ministry of Industry, Mine and Trade and confirmation of the Council of Ministers.
Note: The members referred to in this Article shall, for so long as they remain members of the board of directors of the trade union or of the board of directors of the chamber of guilds of the county, be covered by the Social Security Law.
Article 76 - Each of the members of the boards of directors of trade unions and the boards of directors of the chambers of guilds of the counties and of the Chamber of Guilds of Iran shall be deemed a trustee with respect to the funds and property of the trade union, chamber of guilds and the Chamber of Guilds of Iran, and the funds placed at their disposal in implementing this Law and other laws and regulations.
Article77 – For the purpose of supporting hand-woven carpet weavers and similar crafts, the supervisory commissions are permitted, as the case may be, to proceed to form provincial and county trade unions for the said weavers and similar crafts.
These trade unions are under the supervision of the supervisory commission of their own provincial center and county.
Article 78 - For the purpose of strengthening production guilds and developing the country's non-oil exports, on the proposal of the supervisory commission and approval of the Supreme Supervisory Board, export trade unions shall be formed in the cities that are provincial centers or in Tehran, on a provincial or national basis.
The activity of these trade unions shall be governed by a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Article 79 - The Ministry of Commerce is obligated, subject to clause (e) of Article (55) of this Law , to proceed to issue a business license for the persons who are named, provided that they have a place of business that they own or rent:
(a) - A war disabled veteran, the spouse of a war disabled veteran, one of the children of a deceased war disabled veteran, and one of the children of a war disabled veteran who is unable to work.
(b) - A freed prisoner of war, the spouse of a freed prisoner of war, one of the children of a deceased freed prisoner of war, and one of the children of a freed prisoner of war who is unable to work.
(c) - All members of the families of martyrs, including spouse, child, parents, sister and brother.
The executive bylaw for this Article shall be prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Martyrs Foundation, the Foundation of Veterans of the Islamic Revolution and the Headquarters for Freed Prisoners of War, and approved by the Minister of Commerce.
Note 1 - The issuance of a business license after receiving a letter of introduction from the relevant institution and establishing the necessary conditions shall be for one time only.
Note 2 - Trade unions are obligated to accept the holder of the business license as a guild individual. Also, all relevant organizations are obligated to grant facilities and services equal to those of the other guild individuals who are members of that trade union to the holder of the business license.
Note 3 - The guild individuals referred to in this Article may not have another occupation, or have received a preliminary approval or an establishment license from other ministries , unless the subject of the preliminary approval or establishment license is related to the activity for which they have applied for a business license.
Note 4 - Guild individuals referred to in this Article may, if they relocate to another county or province, subject to revocation of the previous business license, receive a replacement business license at the new location, subject to the provisions of this Article.
Article 80 - The issuance of a business license for premises with an administrative or workshop use is not prohibited.
Article 81 - The law enforcement force of the country is obligated to extend the necessary cooperation in implementing this Law to the trade unions, the chambers of guilds of the counties and the Chamber of Guilds of Iran.
The manner of cooperation shall be as set out in a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Ministry of the Interior and the law enforcement force, and approved by the Minister of Commerce.
Article 82 - If a guild individual, owing to a change in consumption patterns or needs, or unforeseen imposed events, loses the ability to continue his guild activity, he may, upon obtaining the opinion of the owner and confirmation of the supervisory commission and while preserving the use of the place of business, engage in another guild activity at the same location.
Article 83 - Municipalities are obligated, in the event of the demolition of places of business, in implementing approved plans , to refrain from collecting the fees incurred for the issuance of a construction permit for the new location. If a replacement is offered by the municipalities, its current value must not be less than the current value of the demolished place of business.
Article 84 - Individual or collective seasonal or non-seasonal clearance sales of guild units or individuals shall be governed by a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Holding a clearance sale without observing the criteria set out in that bylaw , shall subject the guild unit to the penalty set out in Article (68) of this Law.
Article 85 - The holding of collective market days of guild units or individuals shall be based on a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Article 86 – Large multi-purpose stores that offer a diverse assortment of goods and services required by the public in a single suitable location, and large chain stores under centralized management and a single trade name that engage in supplying goods and services in at least two stores, are subject to this Law and must, at a minimum, be members of one of the relevant trade unions and obtain a business license.
Note - The authority for issuing the operating license of the stores referred to in this Article is the Ministry of Commerce.
Article87 - The activity of guild individuals in cyberspace (cyber) requires obtaining a business license from the relevant trade union.
Note: The manner of issuing the license and the manner of supervising such guild activities shall be in accordance with an executive bylaw prepared by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board and the Ministries of Intelligence and of Communications and Information Technology, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade within a maximum of three months from the date this Law becomes effective.
Article 88 - The Secretariat of the Supreme Supervisory Board is obligated to, in cooperation with the secretariat of the Supreme Council of Free Trade-Industrial Zones, proceed to prepare the executive bylaw governing the formation and activity of guild organizations in the free zones of the country, so that, after approval by the Minister of Commerce, it may be implemented.
Article 89 - All importers of goods who import goods on a commercial basis and intend to distribute or sell their imported goods, shall, if they engage in supplying the goods directly to the consumer, be required to obtain a business license in accordance with the provisions of this Law.
Article 90 - Ministries, institutions, organizations or State-owned companies, and other State agencies to which the application of a law requires express mention or specification of the name, and non-governmental public institutions, which, pursuant to the laws in force, are required or permitted to supply goods or services directly to consumers, whether they do so through premises and facilities belonging to themselves or to other persons, are excluded from the scope of this Law.
However, compliance with the other laws and regulations in force and the prices determined for the goods and services by the relevant legal authorities , is mandatory. The State agency or non-governmental public institution concerned, within the scope of its legal duties and powers, shall bear the responsibility for supervision and control and other matters relating to the administration of the premises. If such activities are delegated to natural or legal persons, or their performance takes place in partnership with the private sector, they shall be subject to the Trade Union System Law and its regulations.
Article91- Natural or legal persons, whether governmental or non-governmental, who are, pursuant to the laws in force, required to obtain an activity license or an establishment, operation or employment license from ministries, institutions, organizations or State-owned companies and other State agencies to which the application of a law requires express mention or specification of the name, and also non-governmental public institutions, if they engage in supplying goods or services to retailers or consumers, are obligated, in addition to obtaining the activity license or permit, also to proceed to obtain a business license from the relevant trade union.
Note 1 - Obtaining a business license from the trade union shall not preclude the exercise of the supervision prescribed in the laws in force by any of the aforementioned State agencies or non-governmental public institutions over them.
Note 2 - All guild units located in the municipal fruit and vegetable markets, entry and exit terminals, passenger terminals, airports, railway and metro stations, mosques and cultural and religious sites, if they engage in supplying goods and services to the public, are subject to this Law and are obligated to obtain a business license from the relevant trade unions under this Law.
Article 92 - The Social Security Organization may, only in the event of a complaint by any of the employees of guild units alleging non-payment of insurance premiums during their period of employment by guild individuals, rely on the opinion of an inspector or the contents of the statutory records of the guild individual, and collect the insurance premium.
This amount, if the violation of the guild individual is established, shall be equal to the unpaid insurance premium of the employed complainant plus a fine of an amount equal to twice that. If the amount of the fine is less than one hundred thousand Rials, the cash fine shall be equal to one hundred thousand Rials.
Article 93 - A chamber of guilds shall not be dissolved except in cases where it is negligent in performing its assigned duties, or acts contrary to the public interest and the prescribed duties. In such case, the supervisory commission shall announce the matter, citing sufficient reasons, to the Supreme Supervisory Board.
If the Supreme Supervisory Board, after examining the reasons of the parties , deems dissolution necessary, it shall announce the matter to the Minister of Commerce for approval.
Trade unions are obligated, within one month from the date of dissolution of the chamber of guilds, to introduce their representatives for the purpose of reforming the chamber of guilds.
The dissolution of the Chamber of Guilds of Iran shall likewise be on the proposal of the Supreme Supervisory Board and approval of the Minister of Commerce.
The chambers of guilds of the counties are obligated, within one month from the date of dissolution of the Chamber of Guilds of Iran, to introduce their representatives for the purpose of reforming the Chamber of Guilds of Iran.
If either of the parties objects, they may refer to the competent judicial authorities.
Article 94 - The executive bylaw referred to in Article (29), clause (j) of Article (30) and Note (3) of Article (37) of this Law shall be approved by the Council of Ministers on the proposal of the Ministries of Economic Affairs and Finance and of Commerce.
Article 95 - The Ministry of Commerce is obligated to send an annual report on the performance of this Law to the Economic and the Plan, Budget and Audit Commissions of the Islamic Consultative Assembly.
Article 95 - bis 1: The examination of violations by members of the boards of directors of trade unions and the boards of directors of the chambers of guilds of counties, based on complaints and reports received bearing the particulars of the complainant and the person reporting, rests with the supervisory commissions.
Article 95 - bis 2: The examination of guild violations of all guild individuals shall be pursuant to the provisions of this Law, and all conflicting general and special laws are hereby repealed.
Article 96 - From the date this Law becomes effective, the Trade Union System Law approved on 1359/4/13 by the Revolution Council and all its subsequent amendments and additions, and the Law on Creating the Necessary Facilities for Issuing Business Licenses for War Disabled Veterans, Freed Prisoners of War and the Honorable Families of Martyrs approved on 1368/12/13, and « Articles (14), (15), (17) and (22) of the Law on Protection of the Rights of Consumers approved on 15/7/1388 », and other conflicting laws, are hereby repealed and rendered void.)
The foregoing Law, comprising ninety-six articles and ninety-two notes, was approved at the public session of Sunday, the twenty-fourth of the month of Esfand, one thousand three hundred and eighty-two, of the Islamic Consultative Assembly , and was confirmed by the Guardian Council on 1382/12/28.
The following text is in the amending law of the Trade Union System Law, under the title Article 57
Article57 - The executive bylaws of this Law regarding:
1 - Determination of the mobile guilds referred to in Article(3)
2 - The manner of issuing, renewing and replacing temporary and permanent business licenses referred to in Article(12)
3 - Note(7) of Article(21)
4 - The manner of holding the elections referred to in Note(3) of Article(22)
5 - The description of the duties of the inspector, including supervision over the performance of the board of directors of the trade union and also preparation of an inspection report for the relevant chamber of guilds of the county, referred to in Article(23)
6 - The amount and manner of receiving financial resources, referred to in the clauses of Article (37 bis)
7 - The description of duties, the manner of holding elections and the financial resources of the commissions referred to in Note (4) of Article(45)
8 - The conditions for reporting inventory referred to in Note(2) of Article(60)
9 - Article(91)
shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Article1: From the date this Law becomes effective, the name «Guild Affairs Assembly» is changed to «Chamber of Guilds of the County», the name «Guild Affairs Assembly of the Provincial Center» is changed to «Chamber of Guilds of the Provincial Center», and the name «National Guild Council» is changed to «Chamber of Guilds of Iran».
Trade Union System Law of the Country, with the Latest Amendments Approved on 1392/6/12 by the Islamic Consultative Assembly
Chapter One - Definitions
Chapter Two - Guild Individual
Chapter Three - Trade Unions
Chapter Four - Chamber of Guilds
Chapter Five - Chamber of Guilds of Iran
Chapter Six - Supervisory Commission
Chapter Seven - Supreme Supervisory Board
Chapter Eight - Violations and Penalties
Chapter Nine - Other Provisions
Chapter One - Definitions
Article 1 - Trade Union System: A set of rules and regulations that determines matters relating to the organization, duties, powers, scope and rights of guild individuals and guild units, in accordance with this Law.Article 2 - Guild Individual: Any natural or legal person who invests in one of the guild activities, including production, conversion, purchase, sale, distribution, services and technical services, and who, as a craftsman and holder of a self-employed trade or occupation, whether personally or through the agency of others, establishes a place of business or provides a means of business, and offers all or part of the goods, products or services thereof, directly or indirectly, in whole or in part, to the consumer, shall be recognized as a guild individual.
Note - Guilds that are governed by a special law are excluded from the scope of this Law. A special law is a law under which the manner of issuing an activity license, the regulation and coordination of the affairs of the relevant units, supervision, inspection and the handling of violations by the individuals and units covered thereby are explicitly determined in the text of the relevant law.
Article 3 - Guild Unit: Any economic unit whose activity is carried out at a fixed location or by a mobile means, and which has been established by a guild individual or individuals upon obtaining a business license, shall be recognized as a guild unit.
The executive bylaw for determining the mobile guilds referred to in this Article shall be prepared, within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note 1 - The operation of mobile guild units at a fixed location, upon obtaining a business license for that same location, is not prohibited.
Note 2- Premises that meet the conditions required for the establishment of several guild units may be used as a fixed place of business, by one or more guild individuals, after obtaining a business license from the relevant trade union or unions.
The executive bylaw for this Note shall be prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Chamber of Guilds of Iran and the Law Enforcement Force of the Islamic Republic of Iran, and shall be approved by the Minister of Industry, Mine and Trade within three months from the date this Law becomes effective.
Note 3- Offices that provide services to mobile guild units are considered guild units.
Article 4- Guild: Means a group of individuals whose activities are of the same nature. Guilds covered by this Law are divided, according to the type of their activity, into two groups: production-technical services, and distribution-services.
Article 5- Business License: A license which, pursuant to the provisions of this Law, is granted for the purpose of commencing and continuing a business or trade, on a temporary or permanent basis, to a guild individual or individuals, for a specified location or a specified means of business.
Note1- A temporary business license is issued only once. The validity period of a temporary business license is one year, and that of a permanent business license is five years.
Note 2- The trade union is obligated, upon the expiry of the validity period of a business license, to issue a one-month notice for the conversion of the temporary license into a permanent license or for the renewal of the permanent license, and if the license is not converted or renewed, the guild unit shall be deemed a unit without a license.
Article 6- Specialized and Technical License: A certificate that indicates the possession of the skill to perform specialized or technical work and is issued by the competent authorities.
Article 7- Trade Union: A legal entity formed of individuals from one or more guilds having the same or similar activity, for the performance of the duties and responsibilities provided for in this Law.
Article 8- Chamber of Guilds of the County: A chamber composed of the heads of the trade unions of each county, for the performance of the duties and responsibilities provided for in this Law.
Article 9- Chamber of Guilds of Iran: A chamber formed of representatives of the boards of directors of the chambers of guilds of the counties of the country, with the aim of strengthening the foundations of the trade union system, in Tehran.
Article10- Supervisory Commission: A commission formed for the purpose of establishing communication and creating coordination between the trade unions and the chamber of guilds of the county with governmental organizations and agencies, in line with their duties and powers, and also for supervising the trade unions and the chamber of guilds of each county.
Article11- Supreme Supervisory Board: A board formed for the purpose of planning, directing, creating coordination and supervising all trade unions, the chambers of guilds of the counties, the Chamber of Guilds of Iran and the supervisory commissions, and which is the highest authority for supervising the affairs of the guilds of the country.
Chapter Two - Guild Individual
Article12- Guild individuals are obligated, prior to establishing any type of guild unit or engaging in a business or trade, to obtain a business license.The executive bylaw on the manner of issuing, renewing and replacing temporary and permanent business licenses referred to in this Article shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note1- Deleted 1392/06/12.
Note2- All agencies from which trade unions request inquiries for the purpose of issuing a business license are obligated to announce their final and conclusive opinion within fifteen days from the date of receipt of the inquiry. Failure to announce an opinion within the prescribed time limit shall be deemed a positive opinion.
Note3- The issuance of more than one business license to any guild individual meeting the legal conditions, for one or more places of business, subject to the introduction of an agent, is permissible in accordance with the executive bylaw referred to in this Article.
Note4- Where several persons jointly manage a single guild unit, they shall jointly bear responsibility for the affairs of the unit.
Note5- In the event that a guild unit is inactive for more than six months without notice to the relevant trade union, or the place of business or the type of activity is changed by the holder of the business license, or the guild premises holding a business license are transferred to another person, the trade union is obligated, after a fifteen-day notice to the said guild unit, to revoke the business license.
Article13- The issuance of a business license for specialized and technical occupations requires the applicant to obtain a specialized and technical license from the relevant authorities.
If the applicant does not meet the conditions required for obtaining a specialized and technical license, the presence of one employed person holding a specialized and technical license at the guild unit shall suffice for the issuance of a conditional business license in the name of the applicant.
Note- The types of specialized and technical occupations shall be as set out in a bylaw prepared by the Secretariat of the Supreme Supervisory Board in coordination with the relevant ministries and organizations and consultation with the chambers of guilds of the provincial centers, and shall be approved by the Minister of Industry, Mine and Trade.
Article14- Guild individuals are obligated each year to pay the membership dues of the relevant trade union.
Article15- Guild individuals supplying goods and services are obligated, by affixing a label on the goods, or by installing a sign at the place of business or trade, to announce the unit price of the goods or the wage of the service clearly and in writing and in a manner visible to all.
Note1- Every guild individual must, in exchange for receiving a price, fee or wage, deliver to the customer an invoice including the name and address of the guild unit, the date, the amount received, and the type and specifications of the goods sold or the services rendered.
Note2- The chamber of guilds of the county may, with the approval of the supervisory commission of the provincial center, exempt certain guilds or occupations, up to a specified amount, or certain others for which issuing an invoice is difficult, from the obligation to issue an invoice.
Note3- Guild individuals who supply their goods wholesale must use printed invoices and must also write the purchaser's particulars thereon.
Note4 - The guild individual is responsible for the conformity of the quality and quantity of any type of goods supplied or service rendered with the sum or wage received as stated in the invoice.
Article16- Owners of public places are obligated, as determined by the chamber of guilds of the county and approved by the supervisory commission, to:
(a)- prepare a price list of the food and foodstuffs offered for consumption by customers on special forms and make it available to customers, and deliver an invoice to the customer on that basis.
(b)- post the rates of their food and foodstuffs on a special board at the place of business, in a manner visible to all.
Article17- Guild individuals are obligated to observe and implement the laws and regulations in force in the country, including guild, disciplinary, health, safety, technical protection and workplace beautification laws and regulations, and the directives relating to the pricing of goods and services communicated by the relevant legal authorities.
Note1- Guild individuals are obligated, before employing persons who go to homes and premises to perform services, to notify the trade union thereof, so that the trade union, after obtaining the opinion of the law enforcement force, may take the necessary action to issue a photo identification card indicating the specialty.
Note2- Guild individuals are not permitted, in order to attract customers, to advertise falsely regarding products, goods or services.
Otherwise, they shall be dealt with pursuant to Article (68) of this Law.
Note3- The publication of any advertisement by any means by a guild individual lacking a valid business license is prohibited, and the offender shall be sentenced to a cash fine of from one million (1,000,000) Rials to two hundred fifty million (250,000,000) Rials.
Mass media, printing houses and multimedia production institutions are obligated, before accepting an order to produce or publish any advertisement, to request a copy of the applicant's business license; otherwise, they shall be sentenced to the cash fine referred to in this Note.
Article18- If the holder of a business license wishes to transfer his place of business to another person, he must submit his written request to the trade union.
If the trade union considers the person introduced to meet the legal conditions, it shall, subject to the other regulations, issue a new license in the name of the person introduced, after revoking the previous business license.
Note- If the license holder requests a change of the business license to another trade, in addition to completing the legal procedures, an inquiry and settlement of accounts with the previous trade union is required.
Failure of the previous trade union to respond within fifteen days from the date of the inquiry shall be deemed a favorable opinion.
Article19– If the holder of a business license becomes incapacitated, the guardian may, having regard to the interests of the incapacitated person and in accordance with the provisions of this Law, proceed to manage or transfer the guild unit.
Article20– In the event of the death of the holder of a business license, the customary rights arising from the guild unit belong to the heirs.
If the heirs or their legal representative so wish, provided they meet the individual conditions, they may, within a period of two years, proceed to obtain a business license in accordance with the regulations.
After the expiry of the prescribed time limit, the deceased's license shall become void.
Chapter Three - Trade Unions
Article21- In every county where guild units exist with similar or homogeneous occupational activities, guild individuals shall, in accordance with this Law, proceed to form a trade union.Note1- The trade union has legal personality and is non-profit, and it acquires official status after registration with the Ministry of Industry, Mine and Trade.
The model bylaw of the trade unions shall be prepared by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board and shall be approved by the Supreme Supervisory Board.
Note2- The minimum number of guild units required for the formation of a trade union in the country is as follows:
(a)- In Tehran, 300 units
(b)- In counties with a population of more than two million, 200 units
(c)- In counties with a population of more than one million and less than two million, 150 units
(d)- In counties with a population of more than five hundred thousand and less than one million, 100 units
(e) - In counties with a population of less than five hundred thousand, 50 units
Note3- The supervisory commission of each county, in cooperation with the chamber of guilds of the county, is obligated to merge trade unions whose number of guild units covered is less than the prescribed minimums.
Note4- If the formation of a single trade union for all the cities or districts of a county is not possible in the determination of the supervisory commission of the provincial center, the manner of administering the affairs of the guild units of those cities or districts shall be governed by a bylaw prepared by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, which shall be approved by the Minister of Industry, Mine and Trade after confirmation by the Supreme Supervisory Board, within a maximum of six months from the date this Law becomes effective.
Note5- If it is necessary, in the determination of the supervisory commission of the provincial center, to form a trade union from the guild units of a county whose number has not reached the minimum prescribed for the formation of a trade union, then, upon approval of the Supreme Supervisory Board, a trade union shall be formed with the same number of existing units.
Note6- If it is necessary, in the determination of the supervisory commission of the provincial center, to form a trade union in the provincial center from the guild units existing in the counties of that same province, then, upon approval of the Supreme Supervisory Board, a trade union shall be formed in the provincial center. This trade union shall be treated in the same manner as the other trade unions referred to in this Article.
Note7- If the number of guild units in any province does not reach the minimum prescribed in this Article for the formation of a trade union, then, upon the proposal of the chamber of guilds and confirmation of the Minister of Industry, Mine and Trade, a trade union of guild units shall be formed at the national level.
The executive bylaw referred to in this Note shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Article22- Trade unions are administered by a board of directors elected by the members of the trade union. The number of members of this board shall be five principal members and two alternate members for trade unions having fewer than one thousand member guild units, and seven principal members and three alternate members for trade unions having more than one thousand member guild units.
Note1- The term of office of the members of the boards of directors of trade unions is four full years from the date of election. The members of the board of directors are elected by secret and direct vote of the members of the trade union.
The said members may not serve on the board of directors of the trade union for more than two consecutive terms or four alternating terms.
Note2- The supervisory commission of each county is obligated to make the arrangements for holding the election six months before the end of each term of the board of directors.
Note3- The elections of trade unions shall be valid in the first round with the presence of at least one third of the members, and, if the said quorum is not attained, in the second round with the presence of at least one quarter of the members.
The executive bylaw on the manner of holding the elections referred to in this Note shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note4- If, as a result of the resignation, removal, death, illness, incapacity or deprivation of social rights of a member or members of the board of directors, that board, notwithstanding the replacement of alternate members, falls below the quorum prescribed in this Article, the supervisory commission is obligated, within six months, to hold an election to determine the replacement members.
Until the election is held, persons from among the members of the same guild who meet the legal conditions for administering the affairs of the trade union shall be nominated by the chamber of guilds of the county, so that, after approval by the supervisory commission, they may be appointed as replacement members to the principal or alternate membership of the board of directors.
If less than two years remain of the term of office of the board of directors, the term of office of the replacement members shall continue until the end of the term of office of the board of directors.
Resigned members of the board of directors, if, in the determination of the supervisory commission, they resigned for the purpose of disrupting the election, and removed members of that board, may not be candidates in the next following election of the board of directors of the trade union.
Note5- Persons appointed pursuant to Notes (3) and (4) of this Article shall have all the powers, rights and duties of the board of directors, except for membership on the board of directors of the chamber of guilds of the county.
Note6- The candidacy of employees of trade unions, of the chamber of guilds of the county and of Iran, and of executive agencies referred to in Article (5) of the Civil Service Management Law, in the elections of the board of directors of trade unions is contingent upon their resignation from their previous position prior to registering as candidates in the election.
Official announcement of the acceptance of the resignation of the employees referred to in this Article is mandatory prior to commencing work on the board of directors of the trade union.
Article22 bis- The conditions for candidates for membership on the board of directors of trade unions are as follows:
1- Citizenship of the Islamic Republic of Iran.
2- Belief in, and practical commitment to, the system of the Islamic Republic of Iran.
3- Absence of an effective criminal record.
4- Absence of any prohibition on dealing with property, such as incapacity, bankruptcy and insolvency.
5- Absence of addiction to narcotics.
6- Absence of a reputation for corruption.
7 - Possession of at least a diploma degree, for persons without prior experience of membership on the board of directors of a trade union.
8- Maximum age at the time of registration as a candidate, seventy-five years.
9- Possession of a valid permanent business license.
10- Trustworthiness and integrity.
Note1- A committee composed of representatives of the Ministry of Industry, Mine and Trade, the State Discretionary Punishments Organization, the Law Enforcement Force of the Islamic Republic of Iran, and two persons from the chamber of guilds of the county shall, within one month, verify the aforementioned conditions with the competent authorities, including the Ministry of Intelligence, the Law Enforcement Force, the National Organization for Civil Registration, and the Judiciary.
The representatives of the chamber of guilds of the county on this committee must not themselves be candidates in the election. Decisions on this committee shall be made by majority vote, and the result shall be announced to the applicant.
The duty of this committee is to ascertain the accuracy of the matters set forth in the aforementioned clauses through examination of supporting documents and review of records and evidence.
Note2- Persons whose qualification has been rejected by the committee referred to in this Article may, within one week from the date of notification of the said committee's decision, request a re-examination.
The authority for re-examination is the supervisory commission of the county.
Article23- In trade unions, the elected persons are determined, in order, based on the relative majority of the votes obtained, comprising one chairman, two vice- chairmen (first and second), one secretary and one treasurer. Simultaneously with the holding of the election of the members of the board of directors of the trade union, an election shall be held for the selection of two inspectors (principal and alternate).
The executive bylaw setting out the duties of the inspector, including supervision over the performance of the board of directors of the trade union and also the preparation of an inspection report for the relevant chamber of guilds of the county, referred to in this Article, shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Note1- If the elected person is not prepared to accept the position determined for him, there is no impediment to changing his position to one whose attainment requires a smaller number of votes.
Note2- In the event of a tie in votes between two or more members of the board of directors of the trade union, their positions shall be determined by drawing lots, by the chairman of the supervisory commission or his representative, in the presence of a majority of the members of the board of directors of the trade union.
Note3- If all the elected persons so request, their positions shall be determined through the holding of an internal election in the presence of the chairman or the representative of the supervisory commission.
Article24- The board of directors of each trade union is obligated to use the services of one person, who holds at least a bachelor's degree, on a full-time basis as executive manager.
In counties with a population of less than one million, there is no impediment to employing persons with a diploma as executive manager.
The executive manager is the implementer of the resolutions of the board of directors and is elected by it, and shall be deemed to have resigned upon the installation of a new board of directors. There is no impediment to using the services of the same manager in subsequent terms.
Article25- If necessary, the supervisory commission of the provincial center shall, at the request of the relative majority of the trade unions of the counties of that same province, and after consulting the chamber of guilds of the provincial center, proceed to form a provincial assembly for the trade unions of that province.
This assembly shall consist of representatives of the boards of directors of the trade unions of the counties, and shall be formed for the purpose of exchanging views regarding guild problems and affairs, making proposals, and establishing the necessary communication and coordination with the relevant authorities and centers.
Note- The number of representatives of each county shall be one for every five trade unions, and they shall be elected by the vote of the chairmen of the trade unions. The term of office of the members of the board of directors of the provincial assembly is two years.
Article26- Whenever a person wishes to commence a guild activity, he must first refer to the relevant trade union and submit his written application and obtain a receipt.
The trade union is obligated, within the framework of the regulations, to announce its opinion regarding the rejection or acceptance of the application in writing to the applicant, within a maximum of fifteen days, counting only non-official-holiday days.
Failure to announce an opinion within the said period shall be deemed acceptance of the application. If the application is accepted by the trade union, the applicant must, within a maximum of three months from that date, complete the documents required by the trade union and submit them to the trade union. Otherwise, the applicant shall be treated as a new applicant.
The trade union is obligated, after receiving all the required documents and in accordance with the criteria, to, within fifteen days, issue the business license and deliver it to the applicant.
Furthermore, the applicant for the business license is obligated, within six months from the date of receiving the business license, to open the place of business.
Note1- If the trade union rejects the application of the applicant for a business license or refrains from issuing the business license, it must announce the matter to the applicant in writing, citing documented reasons.
If the applicant objects thereto, he may submit his written objection within twenty days from the date of receiving the response to the relevant chamber of guilds of the county.
The chamber of guilds is obligated to examine the applicant's objection within fifteen days and announce its final opinion to the relevant trade union for implementation.
Note2- If the trade union or the applicant objects to the opinion of the chamber of guilds of the county, they may, within twenty days from the time of notification of the opinion of the chamber of guilds, refer their objection to that opinion of the said chamber to the supervisory commission.
The supervisory commission is obligated to announce its opinion within one month. The opinion of the supervisory commission in this regard is valid and enforceable, unless the Supreme Supervisory Board overturns the opinion of the supervisory commission within one month after receiving the objection.
In this case, the opinion of the Supreme Supervisory Board is final and binding. If either party objects, they may refer the matter to the competent judicial authorities.
Note3- For guilds whose number has not reached the minimum required for the formation of a trade union or which lack a trade union, the provision of a business license and other guild affairs shall be carried out through the homogeneous trade union or the chamber of guilds of the relevant county, as determined by the supervisory commission.
Note4- Guild units that are relocated as being polluting or a nuisance shall continue to remain members of the trade union of which they were previously members, even if they are situated within a new geographical boundary.
Article27- A place of business established by any natural or legal person for which a business license has not been issued shall be sealed, at the request of the trade union and with the confirmation of the chamber of guilds of the county, by the law enforcement force.
Note1- Before the established place of business is sealed, the person who established it shall be given a period of ten to twenty days to remove the goods present at the location.
Note2- Persons who break the seal or lock and seal of premises closed pursuant to this Law and use the said premises in any manner whatsoever for business, shall be sentenced to the penalties prescribed in the Islamic Penal Code.
Note3- Payment of duties by the persons referred to in this Article shall not establish any guild rights whatsoever.
Note4- If a guild unit lacking a business license is not identified, or the relevant trade union does not request that it be sealed, the chamber of guilds of the county and the Law Enforcement Force of the Islamic Republic of Iran are obligated to identify and seal units lacking a business license.
Note5- In the case of home-based occupations, other occupations, and distribution and consumer cooperatives formed pursuant to other laws and regulations, action shall be taken in accordance with those same laws and regulations.
Article28- A guild unit shall be temporarily closed for a period of from one week to six months only in the following cases, after undergoing the procedures set out in the bylaw to be approved by the Minister of Industry, Mine and Trade:
(a)- Engaging in another occupation or occupations at the place of business, other than that stated in the business license or authorized by the supervisory commission.
(b)- Closing the place of business without a justifiable reason for a period of at least fifteen days, for that category of guilds which, in the determination of the Supreme Supervisory Board, would cause hardship for the consumer.
Note- The determination of whether the reason is justifiable rests with the chamber of guilds of the county.
(c)- Failure to pay membership dues to the trade union in accordance with the criteria determined in the bylaw approved by the supervisory commission.
(d)- Failure to implement the resolutions and lawful directives of the Supreme Board and the supervisory commission which have been communicated to the guild units by the trade unions.
Note- The determination of non-implementation rests with the chamber of guilds of the county.
(e)- Failure to perform the duties of guild units under this Law.
Note1- The temporary closure of a guild unit, upon announcement by the trade union, is carried out directly through the law enforcement force.
Note2- Any guild individual whose business unit is closed may lodge a complaint with the supervisory commission.
The opinion of the supervisory commission, which shall be announced within a maximum of two weeks, is binding. If the guild individual objects, he may refer the matter to the competent judicial authorities.
Note3- Compensation for damages caused to a guild unit as a result of an unjustified closure with the authorization of the trade union or other authorities shall, on the basis of the opinion of the supervisory commission, rest with the person who issued the order.
Note4- In cases where the closure of a guild unit, as determined by the supervisory commission of the county, causes hardship for the consumer, the said guild unit shall be sentenced to a cash fine of from two million (2,000,000) Rials to twenty million (20,000,000) Rials.
Article29- Trade unions may undertake the collection of taxes, duties and service charges of ministries, municipalities and government-affiliated organizations, in accordance with the regulations and laws in force, pursuant to the concluded contract and in exchange for receiving a commission, and shall immediately deposit the amounts collected on account of taxes, duties or service charges into the relevant legal account.
Note- If no action is taken by the trade unions, the chamber of guilds of the county may, by concluding a contract and in exchange for receiving a commission, undertake the performance of the responsibilities prescribed in this Article.
Article30- The duties and powers of trade unions are as follows:
(a)- Submitting proposals to the chamber of guilds of the county for the preparation, formulation or amendment of the criteria for issuing business licenses and the various licenses required for occupations
(b)- Implementing the resolutions and directives of the Supreme Supervisory Board and the supervisory commission which are communicated to the trade unions within the framework of this Law
Note- The chamber of guilds of the county is obligated to communicate the resolutions and directives of the Supreme Supervisory Board and the supervisory commission to the trade unions within five days from the date of receipt.
After the expiry of this time limit, the Secretariat of the Supreme Supervisory Board and the supervisory commission may directly communicate their resolutions and directives to the trade unions for implementation.
(c)- Submitting proposals regarding guild affairs to the chamber of guilds of the county
(d)- Issuing business licenses upon receipt of the application and documents of applicants, in accordance with the relevant laws and regulations
(e)- Revoking business licenses and closing places of business in accordance with the provisions of this Law, announcing the same to the supervisory commission, and preventing the continued operation of guild units that are established without a business license pursuant to Article (27) of this Law, or whose license is revoked for any reason
(f)- Preparing the budget for the following year and submitting it, by the end of the month of Dey of each year, to the chamber of guilds of the county for review and approval
(g)- Preparing the annual balance sheet and submitting it, by the end of the month of Khordad of each year, to the chamber of guilds of the county for review and approval
(h)- Creating the facilities necessary for the training required by guild individuals, independently or with the assistance of governmental or non-governmental organizations
(i)- Forming commissions for handling complaints, resolving disputes, inspecting guild units, technical and educational commissions, and other commissions approved by the Supreme Supervisory Board
Note1- The members of the said commissions number between three and five persons, who are determined from among members holding a business license, on the proposal of the trade union and with the approval of the relevant chamber of guilds of the county.
Note2- The executive bylaw for this clause shall be prepared by the Secretariat of the Supreme Supervisory Board and the chambers of guilds of the provincial centers, and shall be approved by the Minister of Industry, Mine and Trade.
Note3- In the event of a guild dispute arising between guild individuals and the trade union, the matter shall be referred to the chamber of guilds of the county for examination and issuance of a ruling.
The objecting party may, in respect of the ruling issued, submit its objection to the supervisory commission within twenty days.
The opinion of the supervisory commission shall be final and binding. If either of the parties objects, they may refer the matter to the competent judicial authorities.
(j)- Collecting taxes, duties and service charges as agent on behalf of ministries, municipalities and government-affiliated organizations
(k)- Coordinating with the municipality and the city council for the purpose of creating guild towns and the gradual concentration of goods and wholesale transactions in designated urban squares and centers, in proportion to the needs of the city, in accordance with the regulations and criteria approved by the supervisory commission
(l)- Submitting proposals for the purpose of determining the price of goods and services, guild boundaries, and the number of guild units required each year for the issuance of business licenses, to the chamber of guilds of the county for review and approval by the supervisory commission
(m)- Other matters provided for in this Law
Note- In the districts and cities subordinate to the county center, where, as announced by the trade unions and approved by the Supreme Supervisory Board, the performance of guild services through the trade union is not possible, the relevant government offices, municipalities, affiliated organizations and offices of the chambers of guilds of the counties are, as the case may be, permitted to perform the said services.
(n)- Holding training courses on the rules of commerce and business, independently or with the assistance of the Guild Basij of the country, prior to the issuance and renewal of the business license of guild members
(o)- Trade unions having more than two thousand members and extensive guild markets may establish representative offices in various locations to assist and facilitate the handling of the affairs of clients.
Article31- The financial resources of each trade union are as follows:
(a)- Membership dues of guild individuals in the trade union
(b)- Funds received in exchange for non-mandatory services, such as technical and educational services, to guild members
(c) - Assistance received from natural or legal persons
(d) - Commission for the collection of taxes, duties and service charges of ministries, municipalities and government-affiliated organizations
(e)- A percentage of the funds received on account of the issuance and renewal of business licenses
Note1- Trade unions are obligated, at the time of issuing and renewing business licenses, to collect certain amounts from guild individuals and to deposit a percentage thereof into the account of the chamber of guilds of the county (referred to in Clause 1 of Article37 bis) and another percentage into the account of the Chamber of Guilds of Iran (referred to in Clause 1 of Article 47).
The amount of the sums received and the percentage share of the chambers of guilds of the county and of Iran, and the manner of collecting the said funds, and the other clauses of this Article, in proportion to the situation of the trade union, the type of occupation and the city, shall be permissible only within the framework of a bylaw which shall be prepared, on the proposal of the Chamber of Guilds of Iran and in cooperation with the chambers of guilds of the provinces, by the Secretariat of the Supreme Supervisory Board, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from the date this Law becomes effective.
Note2- Trade unions are obligated to deposit twenty percent (20%) of the amounts received pursuant to this Article into the account of the chamber of guilds of the county.
Amounts collected for the purpose of building construction and holding training courses, in the form of contributions received from members, are, with the confirmation of the chamber of guilds of the county, exempt from the provisions of this Note.
Chapter Four - Chamber of Guilds
Article32- The chamber of guilds of each county is composed of the chairmen of the trade unions of the production-technical services and distribution-services guilds.Note 1- The chamber of guilds of the county has non-profit and non-commercial legal personality and acquires official status after registration with the Provincial Organization of Industry, Mine and Trade.
Note2- In counties that have two chambers of guilds, the supervisory commission is obligated, after the expiry of the legal term of office of the board of directors, to merge the said chambers with one another.
The property, assets, rights and obligations of the former chambers shall, following the merger, be transferred to the new chamber under the supervision of the said supervisory commission.
Note 3- If guild affairs assemblies are merged, all property, assets, rights and obligations of the former assemblies shall be transferred to the chamber of guilds under the supervision of the supervisory commission.
Note 4 - If a chamber of guilds is divided, all of its property, assets, rights and obligations shall be transferred, in proportion to the number of members, under the supervision of the supervisory commission, to the new assemblies.
Article33- In provincial centers and counties, the board of directors of the chamber of guilds of the county shall have five principal members, comprising, in order, one chairman, two vice-chairmen (first and second), one secretary and one treasurer, and two alternate members.
Two of the principal members of the board of directors are elected from among the production-technical services guilds, two from the distribution-services guilds, and one from among those obtaining a majority of votes.
Article 34 - Meetings of the chamber of guilds shall be held and shall be valid with the presence of at least two thirds of the members, and the decisions taken shall be valid with a majority of one half plus one of the votes of those present at the meeting.
Note - The term of office of the representative of each trade union on the relevant chamber of guilds shall last until the end of the term of his office on the board of directors of the trade union.
In the event of the death, illness, deprivation of social rights, resignation, incapacity or removal of any representative, the trade union shall, in accordance with Articles (22) and (23) of this Law, proceed to introduce another representative for the remaining term to the chamber of guilds.
Article 35 - The chamber of guilds of the county shall, at the first meeting of each term, elect the board of directors of the chamber for a period of four years.
There is no impediment to the re-election of the said members, within the limits of Article (12).
Article 36- The manner of electing the board of directors of the chamber of guilds, the duties of the board of directors, the manner of holding meetings and the number of its commissions, and other regulations relating to the administration of the chamber of guilds and the remuneration for their services shall be as set out in a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in consultation with the chambers of guilds of the provincial centers, and shall be approved by the Minister of Commerce.
Article 37- The duties and powers of the chamber of guilds are as follows:
(a) - Creating coordination between the trade unions, supervising their performance, and guiding the guilds.
(b) - Formulating and approving the financial, employment, administrative, educational and organizational bylaws of the trade unions and amendments thereto.
(c) - Expressing an opinion on the special internal criteria of the trade unions under its coverage for the issuance of business licenses, for the review and approval of the supervisory commission.
(d) - Supervising the proper performance of the actions of the trade unions regarding the issuance of business licenses in terms of conformity with the provisions of this Law and its bylaws.
(e) - Confirming, selecting and introducing representatives of the trade unions to the tax affairs offices, the tax dispute resolution boards and other authorities to which the introduction of a representative on behalf of the guilds is made pursuant to law.
(f) - Implementing the resolutions of the Supreme Supervisory Board, the supervisory commission and the Chamber of Guilds of Iran, pursuant to the provisions of this Law
(g) - Supervising the implementation of the technical, health, safety, disciplinary, protective, insurance, beautification and other regulations relating to guild units that are established by the relevant authorities. Also cooperating with law enforcement officers in enforcing the regulations.
Note - If guild individuals encounter the objection of the owner of the property in performing the disciplinary criteria that are determined in special cases and communicated through the chamber of guilds, and also in implementing health, safety or beautification regulations, they may obtain the approval of the chamber of guilds and, at their own expense, take the appropriate action.
(h) - Examining the objections of guild individuals to the decisions of the trade unions.
(i) - Selecting and introducing one representative from among the members of the board of directors to the supervisory commission for supervising the proper conduct of the elections of the boards of directors of the trade unions.
(j) - Proposing the formation of a new trade union or the merger of trade unions or the division of one trade union into two or more trade unions for a decision by the supervisory commission.
(k) - Determining the type and price of the goods and services that the individuals of each guild may sell, supply or provide, and proposing it for a decision by the supervisory commission and announcing the resolution of the commission to the trade unions for communication to guild individuals with the aim of preventing guild overlap.
(l) - Collecting the necessary information and statistics by appropriate means for determining the boundaries and number of guild units proportionate to the population and needs and submitting it to the supervisory commission for a decision.
(m) - Arranging the working hours and holiday days of guild units having regard to the nature and type of their work and submitting a plan for a decision by the supervisory commission.
Note to clause (m) - For the purpose of creating uniformity of procedure between the supervisory commissions of the counties, the directive on the manner of arranging the working hours and holiday days of guild units shall be based on a directive prepared, on the proposal of the Chamber of Guilds of Iran and in cooperation with the law enforcement force, by the Secretariat of the Supreme Supervisory Board, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from this Law becoming effective.
(n) - Cooperating and assisting other chambers of guilds and the Chamber of Commerce, Industries and Mines of Iran and the Chamber of Cooperatives.
(o) - Approving the budget, balance sheet and financial statements of trade unions after examining them and supervising the financial operations of trade unions.
(p) - Grading guild units, where necessary, in accordance with the criteria and regulations prepared by the Ministry of Commerce in consultation with the law enforcement force and the relevant trade unions and approved by the supervisory commission.
(q) - Implementing the scientific, educational, cultural and research programs required to raise the level of awareness of the boards of directors of trade unions, in cooperation with the relevant executive agencies and private sector and the Guild Basij of the country, within the framework of the regulations
(r) - Preparing the annual balance sheet and financial statements and submitting it within two months after the end of each financial year to the supervisory commission for review and approval.
Note - The supervisory commission is obligated to examine the balance sheet and financial statements within one month and announce the result to the chamber of guilds. Approval of the balance sheet shall be deemed a settlement for the performance period of the chamber of guilds.
(s) - Preparing the budget for the following year and submitting it by the first of Bahman of each year to the supervisory commission for approval and supervising its implementation.
Note - The supervisory commission is obligated, by the end of the month of Bahman, to review the proposed budget of the chamber of guilds and announce it after approval.
(t) - Other matters provided for in this Law.
(u) - Forming inspection and supervision units for the purpose of supervising the performance of guild units and examining complaints
(v) - Membership of the chairmen of the chambers of guilds of the counties and provincial centers on the administrative council of the counties and provincial centers
Note 1 - The administration of the affairs of the chamber of guilds, and also the follow-up and implementation of the resolutions of the assembly of the chamber of guilds, and also the responsibility for follow-up and implementation of clauses (a), (d), (e), (g), (h), (i), (l), (n), (p) and (q) of this Article, shall be delegated to the board of directors of the chamber of guilds, and other duties and powers delegated to the general assembly of the members of the chamber of guilds.
Note 2 - The chamber of guilds shall provide the necessary cooperation with the Ministry of Education regarding the teaching of the skills of the work-knowledge branch.
Note 3 - Chambers of guilds are authorized to take action, for forming a guild bank, a credit institution, a benevolent loan fund, a credit cooperative company and other monetary, banking, financial and credit institutions, in accordance with the laws and regulations in force in the country.
Article 37 - bis: The financial resources of the chamber of guilds of the county are as follows:
1 - Twenty percent (20%) received from the income of trade unions
2 - A percentage of the funds arising from guild fines and violations referred to in Note (7) of Article (72) of this Law
3 - Funds received in exchange for providing non-mandatory services to natural and legal persons, whether governmental or non-governmental
Article 38- In counties where certain trade unions, due to lacking the necessary facilities and capabilities, are unable to undertake the issuance of business licenses, the responsibility for issuing business licenses shall be temporarily delegated to the chamber of guilds, on the proposal of that trade union and approval of the supervisory commission.
If the problem is resolved, the responsibility for issuing business licenses shall be placed upon the trade union again, on the proposal of the same trade union and approval of the supervisory commission.
Article 39- The duties of the inspection commission of the chamber of guilds are as follows:
(a) - Inspecting matters relating to trade unions for the purpose of ascertaining compliance with guild criteria and regulations and preparing the necessary reports.
Note - The commission is obligated to submit the results of its examination and reports through the board of directors of the chamber of guilds for review by the supervisory commission.
(b) - Inspecting and handling complaints and objections that are received by the chamber of guilds and submitting the necessary report to the chamber of guilds.
Article 40 - The officials of the chamber of guilds and trade unions are obligated to provide the necessary facilities for performing the duties that are assigned to the inspection commission pursuant to this Law.
Chapter Five - Chamber of Guilds of Iran
Article41 - For the purpose of strengthening the foundations of the trade union system, organizing the guilds of the country and participating in policymaking, decision-making and management of guild affairs, a chamber called the Chamber of Guilds of Iran shall be formed in Tehran.This chamber has independent, non-commercial, non-profit legal personality and has no branches.
Article 42 - The Chamber of Guilds of Iran is composed of representatives of the boards of directors of the chambers of guilds of the counties of the country.
The number of representatives of the chambers of guilds of each province on the Chamber of Guilds of Iran is one, and for every twenty thousand guild units, one additional representative shall be added, who shall, under the supervision of the supervisory commission of the provincial center and by secret vote of the members of the boards of directors of the chambers of guilds of the counties of that province, be elected and introduced to the Secretariat of the Supreme Supervisory Board.
The number of representatives of Tehran province shall be a maximum of twenty, and of the other provinces a maximum of ten.
Note 1 - Half of the representatives in each case shall always be from the production - technical services guilds and the other half from the distribution - services guilds.
Note 2 – The expenses of the members of the Chamber of Guilds of Iran in respect of attendance and performance of assigned duties shall be determined, having regard to the budget of the chamber, in the bylaw referred to in Article (46) of the Law, and they shall not be entitled to receive any amount other than the foregoing.
Note 3 - The chairman of the chamber of guilds of the provincial center is one of the representatives of that province on the Chamber of Guilds of Iran.
Note 4 - Whenever a new province is formed pursuant to law, the current representatives of the relevant provinces on the Chamber of Guilds of Iran shall continue their membership and activity until the end of the term.
Article43 - The board of directors of the Chamber of Guilds of Iran is composed of seven persons, comprising three from the production-technical services guilds and three from the distribution-services guilds, who are elected by secret vote of the members of the Chamber of Guilds of Iran for a period of four years.
The seventh member is determined, on the proposal of the Ministry of Industry, Mine and Trade and with the approval of the Supreme Supervisory Board, from among persons committed to and knowledgeable of guild matters.
Note 1- The term of office of the board of directors of the Chamber of Guilds of Iran may not exceed the remaining term of their membership on the board of directors of the chamber of guilds.
Upon the expiry of the term of office of each member, another member shall, subject to the provisions of this Article, take his place.
Text added to the beginning of Note (2): Members of the Chamber of Guilds of Iran, in order to be elected to the board of directors of the chamber, must have prior experience of one term of membership on the board of directors of the Chamber of Guilds of Iran or of a chamber of guilds of a county.
Note 2 - The manner of reviewing the qualification of, and holding the election of, the board of directors of the Chamber of Guilds of Iran shall be as set out in a bylaw that shall be prepared on the proposal of the chambers of guilds of the provincial centers and shall be approved by the Minister of Commerce.
Article 44 - Within fifteen days after the election of the board of directors of the Chamber of Guilds of Iran, this board shall hold a meeting and elect from among its members one chairman, two vice-chairmen (first and second), one secretary and one treasurer. The periodic meetings of the Chamber of Guilds of Iran shall be held at the premises of the Chamber of Guilds of Iran or any other location announced to the members in writing.
Article 45 - The duties and powers of the Chamber of Guilds of Iran are as follows:
1 - Communicating the executive and supervisory directives approved by the Supreme Supervisory Board to the chambers of guilds of the counties
2 - Providing advisory opinions on guild matters to the Ministry of Industry, Mine and Trade and other executive agencies
3 - Organizing matters related to guilds and participating in market regulation
4 - Preparing the annual budget of the chamber and submitting it by the first of Bahman of each year to the Secretariat of the Supreme Supervisory Board for review and approval by the Supreme Supervisory Board
5 - Preparing the annual financial balance sheet and submitting it by the end of the month of Ordibehesht of each year to the Secretariat of the Supreme Supervisory Board for
review and approval by the Supreme Supervisory Board
6 - Supervising the performance of the chambers of guilds of the counties and provincial centers and managing their inspection and supervision of guild units
7 - Other matters assigned by the Supreme Supervisory Board and the Ministry of Industry, Mine and Trade, in line with the delegated powers, within the framework of this Law
Note1 - The Chamber of Guilds of Iran may delegate a portion of its duties and powers to the chambers of guilds of the provinces and counties.
Note2 - The directives referred to in this Article must be formulated in such a manner as not to entail interference with the legal duties and powers of the Supreme Supervisory Board, the supervisory commissions, the trade unions and the chambers of guilds of the provincial centers and counties.
Note3 - The chairman of the Chamber of Guilds of Iran shall become a member of the Council for Dialogue between the Government and the Private Sector.
Note4 - The Chamber of Guilds of Iran may, in performing its duties, form specialized guild commissions composed of members of the trade unions of that guild throughout the country.
Article 46 - The manner of administration, the expenditure of the funds of the Chamber of Guilds of Iran and the reimbursement of the acceptable expenses arising from the membership of members on the council, shall be as set out in a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in consultation with the chambers of guilds of the provincial centers and shall be approved by the Minister of Commerce.
Article47: The financial resources of the Chamber of Guilds of Iran are as follows:
1 - Three percent (3%) of the income of the chambers of guilds of the counties
2 - Funds received on account of the provision of non-mandatory technical and educational services
3 – Voluntary and gratuitous public contributions
4 - Funds derived from the printing and sale of published journals, books and pamphlets for the purpose of raising the level of information and awareness of the members of the boards of directors of trade unions and guild individuals
5 - Income referred to in Note (7) of Article (72) of this Law
Note: The amount and manner of collection of the foregoing items shall be in accordance with a bylaw prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Chamber of Guilds of Iran, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from this Law becoming effective.
Chapter Six - Supervisory Commission
Article48 - The supervisory commission in the counties of each province shall be formed as follows:(a) - In the counties of the provincial centers, composed of the directors-general and heads of the provincial organizations and agencies, or their deputies where they exist, as follows:
1 - Industry, Mine and Trade (chairman of the commission)
2 - Tax Affairs
3 - Health, Treatment and Medical Education
4 - Government Discretionary Punishments
5 - Law Enforcement Force
6 - Standard and Industrial Research
7 - Consumer Protection Association
8 - Guild Basij
9 - Chamber of Commerce, Industries, Mines and Agriculture of the Province
10 - Chamber of Cooperatives of the Province
11 - Chairman of the Islamic Council of the Province
12 - Chairman and Vice-Chairman of the Chamber of Guilds of the Provincial Center
13 - The informed and fully authorized representative of the Governor-General
(b) - In the other counties of each province, composed of the heads or relevant deputies of the following offices and agencies, where they exist:
1 - Industry, Mine and Trade (chairman of the commission)
2 - Tax Affairs
3 - Health, Treatment and Medical Education
4 - Government Discretionary Punishments
5 - Law Enforcement Force
6 - County Consumer Protection Association
7 - Chamber of Commerce, Industries, Mines and Agriculture of the County
8 - Chamber of Cooperatives of the County
9 - Guild Basij
10 - Chairman and Vice-Chairman of the Chamber of Guilds of the County
11 - The informed and fully authorized representative of the Governor
12 - Chairman of the Islamic Council of the County
Note 1 - Meetings of the aforementioned commissions shall be valid with the presence of at least seven members, and decisions shall be valid with an absolute majority of the votes of those present.
Note 2 - The supervisory commission may invite competent and expert persons, and also the representative of the relevant governmental or public agencies, without having the right to vote, to attend its meetings.
Note3 - The supervisory commissions of the provincial centers shall have a secretariat that is based in the Provincial Organization of Industry, Mine and Trade. The administrative and financial organization and the manner of operation of the aforementioned secretariats shall be in accordance with a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in consultation with the Provincial Organizations of Industry, Mine and Trade, and shall be approved by the Supreme Supervisory Board within three months from the date this Law becomes effective.
Article 49 - The duties and powers of the supervisory commission are as follows:
(a) - Deciding on the merger of trade unions or the division of one trade union into two or more trade unions, determining guild categories, and approving the formation of a new trade union if necessity is determined, or upon consultation with the chamber of guilds of the county
Note - The status of the property, assets, rights and obligations of a trade union that is divided into two or more trade unions shall be determined in accordance with a bylaw prepared by the Secretariat of the Supreme Supervisory Board on the proposal of the Chamber of Guilds of Iran, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of six months from the date this Law becomes effective.
(b) - Supervising the elections of trade unions and chambers of guilds.
(c) - Examining and inspecting the performance of trade unions and chambers of guilds and verifying the conformity of their actions performed with the laws and regulations.
(d) - Examining the budget, balance sheet and financial statements of the chamber of guilds and approving them.
(e) - Other matters that are provided for in this Law.
Note 1 - The supervisory commission is obligated to implement the decisions of the Supreme Supervisory Board within the limits of its legal duties and powers.
Note 2 - The supervisory commission of each county is obligated, based on available resources and for the purpose of observing the public interest and preserving the rights of others, at the beginning of each year, based on the directive determined by the Supreme Supervisory Board, to determine the number of units required for each guild in each county and to communicate it to the relevant trade unions for the issuance of business licenses.
Article 50 - The responsibility for creating the necessary coordination and cooperation between the supervisory commissions, trade unions and the chamber of guilds of the province rests with the chairman of the supervisory commission of the county that is the provincial center.
The chairman of the supervisory commission of the county that is the provincial center is obligated, by holding meetings and gatherings and taking the necessary measures, to provide the basis for performing the affairs.
Article51- The supervisory commission is obligated to determine, for a specified period and in accordance with the pricing directive of the Supreme Supervisory Board, the price of public and monopoly goods and services and of subsidized and essential basic goods, the pricing of which the Supreme Supervisory Board deems necessary, and to announce it to the relevant chamber of guilds.
The price of goods and services determined by the Islamic Consultative Assembly, the Government or the Economic Council shall be binding upon the commission.
The chamber of guilds of the county is obligated to publish the matter through the mass media for public information, and to announce it through the trade unions to guild individuals and units. All guild individuals and units are required to observe the prices determined by the supervisory commission.
Article 52- The supervisory commission is obligated, for the purpose of supervising guild units, to appoint inspectors and observers from among its trusted persons. The report of the inspectors and observers may be pursued before the competent legal authorities.
Identification cards shall be issued for the inspectors and observers by the supervisory commission.
Note - The Secretariat of the Supreme Supervisory Board is obligated, within six months after this Law becomes effective, to prepare the executive bylaw on the manner of selecting and financing the inspectors and observers referred to in this Article and on the manner of supervising and dealing with their violations, and to have it approved by the Minister of Industry, Mine and Trade.
Contents
Article 53 – The Supreme Supervisory Board shall be formed with the following composition:(a) - The Minister of Industry, Mine and Trade (chairman of the Board)
(b) - The Minister of Culture and Islamic Guidance
(c) - The Minister of the Interior
(d) - The Minister of Health, Treatment and Medical Education
(e) - The Minister of Justice
(f) - The Minister of Economic Affairs and Finance
(g) - The Chairman of the Supreme Council of Provinces
(h) - The Commander of the Law Enforcement Force of the Islamic Republic of Iran
(i) - The board of directors of the Chamber of Guilds of Iran
(j) - The Chairman of the Chamber of Commerce, Industries, Mines and Agriculture of Iran
(k) - The Secretary-General of the Chamber of Cooperatives of Iran
(l) - The representative of the Guild Basij of the country
(m) - Two representative members of the Economic Commission of the Islamic Consultative Assembly, elected by the Assembly, as observer members without the right to vote
Note 1 - Meetings of the Supreme Supervisory Board shall be valid with the presence of a relative majority of the members.
Note 2 - Other ministers shall, based on the agenda of the meeting, attend the meetings with the right to vote.
Note 3 - The Supreme Supervisory Board may invite competent and expert persons to attend its meetings without having the right to vote.
Article 54 - The Supreme Supervisory Board has a secretariat that is based in the Ministry of Commerce.
The secretariat is considered the executive arm of the Supreme Supervisory Board and, in addition to coordinating affairs, is responsible for the duties of preparing and drafting the documents required for approval by the Board and submitting proposals.
The administrative organization and financial affairs and the manner of administration of the secretariat shall be as set out in a bylaw that shall be approved by the Minister of Commerce.
Article 55 - The duties and powers of the Supreme Supervisory Board are as follows:
(a) - Annulling the elections or removing the board of directors of trade unions or chambers of guilds
(b) - Annulling the elections or removing the board of directors of trade unions or chambers of guilds of counties, on the proposal of the supervisory commission.
(c) - Annulling the elections or removing the board of directors of the Chamber of Guilds of Iran.
(d) - Examining disputes between the supervisory commission and the chamber of guilds or the Chamber of Guilds of Iran.
(e) - Determining the directive for supervising the manner of issuing business licenses at the national level.
(f) - Determining the directive for supervising the proper performance of legal duties and creating coordination between the supervisory commissions, trade unions and the Chamber of Guilds of Iran and the chambers of guilds of the counties, and supervising their activity within the limits of the provisions of this Law.
(g) - Providing appropriate executive solutions for the supply of goods and services of guild units in accordance with the laws and regulations in force in the country.
(h) - Examining and determining the guilds subject to the Trade Union System Law of the country
(i) - Preparing and approving the necessary directives relating to the manner of pricing the goods and services of guild units
Article 56 - The Supreme Supervisory Board may delegate a portion of its duties to the supervisory commissions of the provincial centers.
Chapter Eight - Violations and Penalties
Article 57 - Overcharging: This means the supply or sale of goods or the rendering of a service at a price higher than the prices determined by the relevant legal authorities, failure to implement the pricing regulations and criteria, and performing any type of act that results in an increase in the price of the goods or service to the detriment of the buyer.The penalty for overcharging, having regard to the number of repetitions during each year, is as follows:
The offender, in addition to being required to pay the damages caused to the buyer or consumer, shall be fined, on the first occasion, twice the amount of the overcharge, and, on the second occasion, four times the amount of the overcharge.
On the third occasion, he shall be fined six times the amount of the overcharge, and, in addition to paying the fine, a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of two weeks.
On the fourth occasion, he shall be fined eight times the amount of the overcharge, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of one month.
On the fifth occasion and thereafter, he shall be fined ten times the amount of the overcharge, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of two months. Also, for a period of six months, his business license shall be suspended and the place of business shall be closed.
Article 58 - Short measure/short weight: This means the supply or sale of goods or the rendering of a service in an amount less than the prescribed quantity or standard.
The penalty for short measure, having regard to the number of repetitions during each year, is as follows:
The offender, in addition to being required to pay the damages caused to the buyer or consumer, shall be fined, on the first occasion, twice the amount of the shortfall, and, on the second occasion, four times the amount of the shortfall.
On the third occasion, he shall be fined six times the amount of the shortfall, and, in addition to paying the fine, a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of two weeks.
On the fourth occasion, he shall be fined eight times the amount of the shortfall, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender, for a period of one month.
On the fifth occasion and thereafter, he shall be fined ten times the amount of the shortfall, and for a period of two months a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender. Also, for a period of six months his business license shall be suspended and the place of business shall be closed.
Note - Failure to provide after-sales services during the warranty (guarantee) period by the party bound thereto shall be deemed short measure, and the offender shall, in addition to performing the relevant service, also be sentenced to the fines referred to in this Article. The basis for calculating the value of after-sales services shall be the expert valuation of the services in question, determined by experts of the Consumer and Producer Protection Organization.
Article 59 - Fraud: This means the supply or sale of goods or the rendering of a service that, in terms of quality or quantity, does not conform to the specifications of the goods or service declared or requested.
The penalty for fraud, having regard to the number of repetitions during each year, is as follows:
The offender, in addition to being required to pay the damages caused to the buyer or consumer, shall be fined, on the first occasion, an amount equal to twice the difference in value between the goods or service declared or requested and the goods supplied or sold or the service rendered, and, on the second occasion, four times the said difference.
On the third occasion, he shall be fined six times the difference, and, in addition to paying the fine, a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender for a period of two weeks.
On the fourth occasion, he shall be fined eight times the difference, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender for a period of one month.
On the fifth occasion and thereafter, he shall be fined ten times the difference, and a banner or sign shall be posted over the entrance of the place of business identifying him as a guild offender for a period of two months. Also, for a period of six months his business license shall be suspended and the place of business shall be closed.
Note1 - If the buyer requests the return of the goods that were the subject of the fraud, the seller, in addition to paying the prescribed fine, is obligated to accept the goods and refund the amount received to the buyer, and, if he refuses, the guild unit shall be closed until the ruling is fully executed.
Note 2 - If a more severe penalty is prescribed in other laws for the fraudulent act, the fraudulent person shall be sentenced to that penalty.
Note 3 - The supply, keeping for the purpose of sale, and sale of goods without the Iran Standard mark, and the provision of services without the approval of the Institute of Standards and Industrial Research of Iran, where the standard for the goods or services has been made mandatory, shall be subject to the provisions of this Article.
Note4 - The sale of goods past their expiry date shall be deemed fraud, and the perpetrator shall be sentenced to the fine prescribed in this Article. If the goods or services supplied are, in the opinion of an expert, unfit for use, the fine and damages shall be calculated on the basis of the price at which they were supplied.
Article 60 - Hoarding: This means the keeping of goods in bulk, as determined by the competent authorities, and refusing to supply them for the purpose of overcharging or causing harm to society after the announcement of the necessity of supply by the Ministry of Commerce or other relevant legal authorities.
The penalty for hoarding, having regard to the number of repetitions during each year, is as follows:
First occasion - Requiring the hoarder to supply and sell all of the hoarded goods, and a cash fine equal to seventy percent (70%) of the current price of the hoarded goods
Second occasion - Requiring the hoarder to supply and sell all of the hoarded goods, and a cash fine equal to three times the current price of the hoarded goods, and posting a banner or sign over the entrance of the place of business identifying him as a guild offender, and closing the place of business for a period of one month
Third occasion: Requiring the hoarder to supply and sell all of the hoarded goods, and a cash fine equal to seven times the current price of the hoarded goods, and posting a banner or sign over the entrance of the place of business identifying him as a guild offender, and closing the place of business for a period of three months
Note1 - Failure to report the monthly inventory of goods to the relevant trade union by producers and wholesale and retail distributors who keep their goods in bulk in a warehouse or any other location shall be deemed a violation only with respect to goods that the supervisory commission deems necessary, and offenders shall be treated in accordance with the relevant regulations.
Note 2 - For the purpose of detecting a violation, where there is evidence indicating the accuracy of a report and the necessity of entering the place of concealment or hoarding of goods, if the inventory referred to in Note (1) of this Article has not been reported, the branches of the State Discretionary Punishments Organization, as the case may be, in compliance with the legal regulations and under the supervision of the provincial director-general or the head of the county office of discretionary punishments, shall issue permission to enter the said location, and the law enforcement force is obligated to implement the order for notification and enforcement of the rulings of the branches of the State Discretionary Punishments Organization.
Article 61 - Supply outside the network: This means the supply of goods or the rendering of a service contrary to the criteria and networks determined by the Ministry of Commerce or the relevant executive agency.
The penalty for supply outside the network, having regard to the number of repetitions during each year, is as follows:
(a) - First occasion - Requiring the supply of the goods or the rendering of the service within the network and a cash fine equal to twice the current value of the goods or service removed from the network at the time of the violation.
(b) - Second occasion - Requiring the supply of the goods or the rendering of the service within the network and a cash fine equal to four times the current value of the goods or service removed from the network at the time of the violation.
(c) - Third occasion - Requiring the supply of the goods or the rendering of the service within the network and a cash fine equal to six times the current value of the goods or service removed from the network at the time of the violation and posting a banner or sign over the entrance of the place of business identifying him as a guild offender for a period of one month.
Note: The executive bylaw for this Article, regarding the manner of implementation, the manner of allocating and paying a discovery fee to the officers or relevant agency, and the keeping of the goods, shall be prepared by the Chamber of Guilds of Iran in cooperation with the relevant agencies, and shall be approved by the Minister of Industry, Mine and Trade within a maximum of three months from the date the Law becomes effective.
Article 62 - Supplying and selling smuggled goods: The transportation, keeping, supply and sale of smuggled goods by guild units is prohibited and the offender shall, having regard to the number of repetitions during each year, be fined as follows:
(a) - First occasion - A cash fine equal to twice the current price of the smuggled goods and confiscation of the smuggled goods on hand in favor of the State.
(b) - Second occasion - A cash fine equal to five times the current price of the smuggled goods, confiscation of the smuggled goods on hand in favor of the State and posting a banner or sign over the entrance of the place of business identifying him as a guild offender for a period of one month.
(c) - Third occasion - A cash fine equal to ten times the current price of the smuggled goods , confiscation of the smuggled goods on hand in favor of the State and posting a banner or sign over the entrance of the place of business identifying him as a guild offender and closing the place of business for a period of six months.
(d) - If a more severe penalty is prescribed in other laws for the supply and sale of smuggled goods, the offender shall be sentenced to that penalty.
Article 63 - Failure to comply with the pricing and distribution criteria: This means the failure to submit the documents required for implementing the pricing and distribution criteria to the legal authorities without a justifiable excuse within three months from the date of customs clearance of the imported goods or service or taking possession of the domestic production for that category of goods and services that are subject to pricing by the relevant legal authorities.
Note - The determination of whether the excuse is justifiable rests with the Ministry of Commerce.
The penalty for failure to comply with the pricing and distribution criteria, having regard to the number of repetitions during each year of the violation, is as follows:
(a) - First occasion - A cash fine equal to half the official price of the goods or service.
(b) - Second occasion - A cash fine equal to twice the official price of the goods or service.
(c) - Third occasion - A cash fine equal to four times the official price of the goods or service and posting a banner or sign over the entrance of the place of business identifying him as a guild offender and closing the place of business for a period of one month.
Article 64 - Compulsory sale: This means the compulsory sale of one or more types of goods or service together with another item of goods or service.
The penalty for compulsory sale is as follows:
(a) - For the compulsory sale of goods, requiring the seller to take back the goods and a cash fine equal to five times the sale price of the imposed goods.
(b) - For the compulsory sale of a service, compensation for the damages caused to the buyer and a cash fine equal to five times the amount of the compulsory service.
Article 65 - Failure to display the price: This means failing to affix a price label to the goods, failing to use a service fee rate sign at the place of business or trade, or displaying the price in a manner that is not visible to customers.
The fine for failure to display the price for each occasion of the violation is two hundred thousand Rials.
Article 66 - Failure to issue an invoice: This means refraining from issuing an invoice that conforms to the characteristics set out in Article (15) of this Law.
The fine for failure to issue an invoice for each occasion of the violation is two hundred thousand Rials.
Article 67 - If, as a result of the occurrence of the violations set out in this Law, damage is caused to third parties, then, at the request of the person sustaining the damage, the offending guild individual, in addition to the fines prescribed in this Law, shall also be sentenced to compensate for the losses caused to the person sustaining the damage.
Note: Any guild individual who does not keep a copy of the purchase invoice for the goods in his guild unit, or who refuses to present it to inspectors, shall be sentenced to a fine of five hundred thousand (500,000) Rials.
Article 68 - Failure to observe the provisions of Articles (16) and (17) and the regulations referred to in clause (k) of Article (37) of the Law by a guild individual shall be deemed a violation, and the offender shall be sentenced to a cash fine of two million (2,000,000) Rials on the first occasion, five million (5,000,000) Rials on the second occasion, and ten million (10,000,000) Rials on the third occasion and thereafter.
Article 69 - The sale of goods through a lottery drawing is prohibited. Offenders shall, in addition to compensating for the damage caused, be sentenced to a fine equal to three times the amounts received.
Article 70 - If natural or legal persons cause damage to persons through an extraordinary sale or an installment sale, they shall, in addition to compensating for the damage caused to the buyer, be required to pay a cash fine equal to the amount received or the current price of the goods or service supplied.
Note - The executive bylaw for this Article shall, within six months from the date of approval of this Law, be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Article71 - For the purpose of facilitating transactions, registration and documentation, supervision of prices and transparency in economic exchanges, guild individuals supplying goods or services are obligated, in accordance with the prioritization of occupations announced each year, to use the mechanized sales register system ( posse ). The equivalent of the expenses incurred for the purchase, installation and setup of the sales register device, whether hardware or software, by the owners of the said occupations, shall be deductible from the taxable income of the said taxpayers in the first year of use.
Failure of the owners of the said occupations to use the sales register in any year shall result in the loss of the tax exemptions prescribed in the Law for the relevant year.
Note: The determination of the guilds subject to this requirement, the prioritization and manner of using the register, and the manner of providing its information to the relevant authorities, shall be in accordance with a bylaw prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Tax Affairs Organization and the Chamber of Guilds of Iran, and approved by the Council of Ministers within a maximum of three months from the date this Law becomes effective.
Article 72 - Buyers and consumers, and also the inspectors and observers referred to in Article (52) of this Law, may submit, send or announce their complaint or report regarding violations under this Law to the relevant trade unions .
Trade unions are obligated, within a maximum of ten days, to examine the complaint or report of a violation received, and, if it is established that the guild individual committed no violation or the complainant withdraws, to close the case, and, if a violation is established or the complainant objects, to submit the case, in the provincial center, to the State Discretionary Punishments Organization, and, in the counties, to the offices subordinate to the said organization.
The State Discretionary Punishments Organization and its subordinate offices in the counties are obligated, within a maximum of two weeks, to examine the case at a session to which the complainant and the respondent are invited, and to issue the appropriate ruling in accordance with the provisions of this Law.
Note1 - The issuance of a ruling regarding violations under this Law, other than the cases set out in Note (2) of this Article, shall be carried out directly by the heads of the branches of the State Discretionary Punishments Organization, with the complainant and the respondent invited.
The attendance of representatives of the Organization of Industry, Mine and Trade and of the relevant chamber of guilds or trade union at the hearings on the violations referred to in this Note is not prohibited. Appeals regarding the violations referred to in this Note shall be conducted in accordance with the regulations of the State Discretionary Punishments Organization.
Note 2 - The initial examination of violations under Articles 57 (overcharging), 58 (short measure), 59 (fraud), 60 (hoarding) and 63 (failure to implement the pricing and distribution criteria), in cases where the subject matter of the complainant's complaint or the inspector's report indicates a violation exceeding three million (3,000,000) Rials, shall be conducted by a board composed of one of the heads of the branches of the State Discretionary Punishments Organization, a representative of the chamber of guilds and a representative of the Organization of Industry, Mine and Trade, with the complainant and the respondent invited.
The aforementioned threshold may be changed each year based on the annual inflation rate, on the proposal of the Ministry of Industry, Mine and Trade and approval of the Council of Ministers.
If either of the parties appeals, an appellate board composed of one of the heads of the appellate branches of the State Discretionary Punishments Organization, a representative of the chamber of guilds of the county and a representative of the office of Industry, Mine and Trade of the county shall examine the matter.
The representatives of the chamber of guilds and the office of Industry, Mine and Trade of the county on the appellate board relevant to each case must be persons other than the representative of the said agencies on the board of first instance that examined that same case.
Sessions of the boards of first instance and appeal are valid with the presence of all three official members, and the rulings issued are valid with two votes in favor.
Note 3 - The procedures for hearings, including notification, holding of sessions, objection and enforcement of rulings, shall be conducted in accordance with the regulations of the State Discretionary Punishments Organization.
Note 4 - Regarding the violations under Note (2), if there is no office of Industry, Mine and Trade or chamber of guilds in the relevant county, representatives of the nearest county shall participate in the session.
Note 5 - If it is not possible to form a hearing board in a county, upon the determination of the head of the provincial State Discretionary Punishments Organization, one of the hearing boards of a neighboring county or of the provincial center shall undertake the prescribed duties.
Note 6 - The administration of the affairs of the authorities of first instance, appeal and branches, and the responsibility for holding hearing sessions, rests with the State Discretionary Punishments Organization of the county or province. Also, the responsibility for coordinating and examining violations of the boards, issuing and notifying rulings, and training inspectors and observers, rests with the State Discretionary Punishments Organization.
The manner of supervision and inspection, preparation of reports, enforcement of rulings, and examination of complaints and violations under this Law, and the preparation of its executive and financial directive, shall be in accordance with this Law.
Note7 - Income arising from fines collected shall be deposited into the Treasury account, and an equivalent amount shall be included in the annual budgets and, after covering the financial burden of Article (44) of this Law, shall be placed by the Ministry of Industry, Mine and Trade equally at the disposal of the State Discretionary Punishments Organization, the Chamber of Guilds of Iran and the Ministry of Industry, Mine and Trade, to be spent in implementing this Law.
Note 8 - Either of the parties, if objecting to the rulings issued by the State Discretionary Punishments Organization, may bring an action before the Administrative Justice Court.
Article72 - bis: The Judiciary, the Law Enforcement Force of the Islamic Republic of Iran, all ministries and executive agencies, institutions, organizations, State-owned companies, other State agencies and companies to which the application of a law requires express mention or specification of the name, non-governmental public institutions and the organizations affiliated with the State Organization for Registration of Deeds and Property, and the banks, are obligated to cooperate with the State Discretionary Punishments Organization in enforcing rulings on violations under this Law.
Article 73 - From the time this Law becomes effective, the examination of violations by guild individuals and the determination of their fines shall take place only pursuant to the provisions of this Law. Laws and regulations conflicting with this Law, including resolutions of the Expediency Discernment Council of the System regarding government discretionary punishments relating to guilds and guild units under this Law, are hereby repealed.
Article74 - The amount of the cash fines determined in this Law may be adjusted each year based on the annual inflation rate, on the proposal of the Ministry of Industry, Mine and Trade and confirmation of the Council of Ministers.
Chapter Nine - Other Provisions
Article 75 - Trade unions and chambers of guilds of counties may, for the services of the members of their board of directors or board of directors, in accordance with a bylaw prepared on the proposal of the Chamber of Guilds of Iran by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Industry, Mine and Trade within a maximum of six months from the date this Law becomes effective, budget for and pay amounts from their income in the annual budget.Note: The members referred to in this Article shall, for so long as they remain members of the board of directors of the trade union or of the board of directors of the chamber of guilds of the county, be covered by the Social Security Law.
Article 76 - Each of the members of the boards of directors of trade unions and the boards of directors of the chambers of guilds of the counties and of the Chamber of Guilds of Iran shall be deemed a trustee with respect to the funds and property of the trade union, chamber of guilds and the Chamber of Guilds of Iran, and the funds placed at their disposal in implementing this Law and other laws and regulations.
Article77 – For the purpose of supporting hand-woven carpet weavers and similar crafts, the supervisory commissions are permitted, as the case may be, to proceed to form provincial and county trade unions for the said weavers and similar crafts.
These trade unions are under the supervision of the supervisory commission of their own provincial center and county.
Article 78 - For the purpose of strengthening production guilds and developing the country's non-oil exports, on the proposal of the supervisory commission and approval of the Supreme Supervisory Board, export trade unions shall be formed in the cities that are provincial centers or in Tehran, on a provincial or national basis.
The activity of these trade unions shall be governed by a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Article 79 - The Ministry of Commerce is obligated, subject to clause (e) of Article (55) of this Law , to proceed to issue a business license for the persons who are named, provided that they have a place of business that they own or rent:
(a) - A war disabled veteran, the spouse of a war disabled veteran, one of the children of a deceased war disabled veteran, and one of the children of a war disabled veteran who is unable to work.
(b) - A freed prisoner of war, the spouse of a freed prisoner of war, one of the children of a deceased freed prisoner of war, and one of the children of a freed prisoner of war who is unable to work.
(c) - All members of the families of martyrs, including spouse, child, parents, sister and brother.
The executive bylaw for this Article shall be prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Martyrs Foundation, the Foundation of Veterans of the Islamic Revolution and the Headquarters for Freed Prisoners of War, and approved by the Minister of Commerce.
Note 1 - The issuance of a business license after receiving a letter of introduction from the relevant institution and establishing the necessary conditions shall be for one time only.
Note 2 - Trade unions are obligated to accept the holder of the business license as a guild individual. Also, all relevant organizations are obligated to grant facilities and services equal to those of the other guild individuals who are members of that trade union to the holder of the business license.
Note 3 - The guild individuals referred to in this Article may not have another occupation, or have received a preliminary approval or an establishment license from other ministries , unless the subject of the preliminary approval or establishment license is related to the activity for which they have applied for a business license.
Note 4 - Guild individuals referred to in this Article may, if they relocate to another county or province, subject to revocation of the previous business license, receive a replacement business license at the new location, subject to the provisions of this Article.
Article 80 - The issuance of a business license for premises with an administrative or workshop use is not prohibited.
Article 81 - The law enforcement force of the country is obligated to extend the necessary cooperation in implementing this Law to the trade unions, the chambers of guilds of the counties and the Chamber of Guilds of Iran.
The manner of cooperation shall be as set out in a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board in cooperation with the Ministry of the Interior and the law enforcement force, and approved by the Minister of Commerce.
Article 82 - If a guild individual, owing to a change in consumption patterns or needs, or unforeseen imposed events, loses the ability to continue his guild activity, he may, upon obtaining the opinion of the owner and confirmation of the supervisory commission and while preserving the use of the place of business, engage in another guild activity at the same location.
Article 83 - Municipalities are obligated, in the event of the demolition of places of business, in implementing approved plans , to refrain from collecting the fees incurred for the issuance of a construction permit for the new location. If a replacement is offered by the municipalities, its current value must not be less than the current value of the demolished place of business.
Article 84 - Individual or collective seasonal or non-seasonal clearance sales of guild units or individuals shall be governed by a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Holding a clearance sale without observing the criteria set out in that bylaw , shall subject the guild unit to the penalty set out in Article (68) of this Law.
Article 85 - The holding of collective market days of guild units or individuals shall be based on a bylaw that shall be prepared by the Secretariat of the Supreme Supervisory Board and approved by the Minister of Commerce.
Article 86 – Large multi-purpose stores that offer a diverse assortment of goods and services required by the public in a single suitable location, and large chain stores under centralized management and a single trade name that engage in supplying goods and services in at least two stores, are subject to this Law and must, at a minimum, be members of one of the relevant trade unions and obtain a business license.
Note - The authority for issuing the operating license of the stores referred to in this Article is the Ministry of Commerce.
Article87 - The activity of guild individuals in cyberspace (cyber) requires obtaining a business license from the relevant trade union.
Note: The manner of issuing the license and the manner of supervising such guild activities shall be in accordance with an executive bylaw prepared by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board and the Ministries of Intelligence and of Communications and Information Technology, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade within a maximum of three months from the date this Law becomes effective.
Article 88 - The Secretariat of the Supreme Supervisory Board is obligated to, in cooperation with the secretariat of the Supreme Council of Free Trade-Industrial Zones, proceed to prepare the executive bylaw governing the formation and activity of guild organizations in the free zones of the country, so that, after approval by the Minister of Commerce, it may be implemented.
Article 89 - All importers of goods who import goods on a commercial basis and intend to distribute or sell their imported goods, shall, if they engage in supplying the goods directly to the consumer, be required to obtain a business license in accordance with the provisions of this Law.
Article 90 - Ministries, institutions, organizations or State-owned companies, and other State agencies to which the application of a law requires express mention or specification of the name, and non-governmental public institutions, which, pursuant to the laws in force, are required or permitted to supply goods or services directly to consumers, whether they do so through premises and facilities belonging to themselves or to other persons, are excluded from the scope of this Law.
However, compliance with the other laws and regulations in force and the prices determined for the goods and services by the relevant legal authorities , is mandatory. The State agency or non-governmental public institution concerned, within the scope of its legal duties and powers, shall bear the responsibility for supervision and control and other matters relating to the administration of the premises. If such activities are delegated to natural or legal persons, or their performance takes place in partnership with the private sector, they shall be subject to the Trade Union System Law and its regulations.
Article91- Natural or legal persons, whether governmental or non-governmental, who are, pursuant to the laws in force, required to obtain an activity license or an establishment, operation or employment license from ministries, institutions, organizations or State-owned companies and other State agencies to which the application of a law requires express mention or specification of the name, and also non-governmental public institutions, if they engage in supplying goods or services to retailers or consumers, are obligated, in addition to obtaining the activity license or permit, also to proceed to obtain a business license from the relevant trade union.
Note 1 - Obtaining a business license from the trade union shall not preclude the exercise of the supervision prescribed in the laws in force by any of the aforementioned State agencies or non-governmental public institutions over them.
Note 2 - All guild units located in the municipal fruit and vegetable markets, entry and exit terminals, passenger terminals, airports, railway and metro stations, mosques and cultural and religious sites, if they engage in supplying goods and services to the public, are subject to this Law and are obligated to obtain a business license from the relevant trade unions under this Law.
Article 92 - The Social Security Organization may, only in the event of a complaint by any of the employees of guild units alleging non-payment of insurance premiums during their period of employment by guild individuals, rely on the opinion of an inspector or the contents of the statutory records of the guild individual, and collect the insurance premium.
This amount, if the violation of the guild individual is established, shall be equal to the unpaid insurance premium of the employed complainant plus a fine of an amount equal to twice that. If the amount of the fine is less than one hundred thousand Rials, the cash fine shall be equal to one hundred thousand Rials.
Article 93 - A chamber of guilds shall not be dissolved except in cases where it is negligent in performing its assigned duties, or acts contrary to the public interest and the prescribed duties. In such case, the supervisory commission shall announce the matter, citing sufficient reasons, to the Supreme Supervisory Board.
If the Supreme Supervisory Board, after examining the reasons of the parties , deems dissolution necessary, it shall announce the matter to the Minister of Commerce for approval.
Trade unions are obligated, within one month from the date of dissolution of the chamber of guilds, to introduce their representatives for the purpose of reforming the chamber of guilds.
The dissolution of the Chamber of Guilds of Iran shall likewise be on the proposal of the Supreme Supervisory Board and approval of the Minister of Commerce.
The chambers of guilds of the counties are obligated, within one month from the date of dissolution of the Chamber of Guilds of Iran, to introduce their representatives for the purpose of reforming the Chamber of Guilds of Iran.
If either of the parties objects, they may refer to the competent judicial authorities.
Article 94 - The executive bylaw referred to in Article (29), clause (j) of Article (30) and Note (3) of Article (37) of this Law shall be approved by the Council of Ministers on the proposal of the Ministries of Economic Affairs and Finance and of Commerce.
Article 95 - The Ministry of Commerce is obligated to send an annual report on the performance of this Law to the Economic and the Plan, Budget and Audit Commissions of the Islamic Consultative Assembly.
Article 95 - bis 1: The examination of violations by members of the boards of directors of trade unions and the boards of directors of the chambers of guilds of counties, based on complaints and reports received bearing the particulars of the complainant and the person reporting, rests with the supervisory commissions.
Article 95 - bis 2: The examination of guild violations of all guild individuals shall be pursuant to the provisions of this Law, and all conflicting general and special laws are hereby repealed.
Article 96 - From the date this Law becomes effective, the Trade Union System Law approved on 1359/4/13 by the Revolution Council and all its subsequent amendments and additions, and the Law on Creating the Necessary Facilities for Issuing Business Licenses for War Disabled Veterans, Freed Prisoners of War and the Honorable Families of Martyrs approved on 1368/12/13, and « Articles (14), (15), (17) and (22) of the Law on Protection of the Rights of Consumers approved on 15/7/1388 », and other conflicting laws, are hereby repealed and rendered void.)
The foregoing Law, comprising ninety-six articles and ninety-two notes, was approved at the public session of Sunday, the twenty-fourth of the month of Esfand, one thousand three hundred and eighty-two, of the Islamic Consultative Assembly , and was confirmed by the Guardian Council on 1382/12/28.
The following text is in the amending law of the Trade Union System Law, under the title Article 57
Article57 - The executive bylaws of this Law regarding:
1 - Determination of the mobile guilds referred to in Article(3)
2 - The manner of issuing, renewing and replacing temporary and permanent business licenses referred to in Article(12)
3 - Note(7) of Article(21)
4 - The manner of holding the elections referred to in Note(3) of Article(22)
5 - The description of the duties of the inspector, including supervision over the performance of the board of directors of the trade union and also preparation of an inspection report for the relevant chamber of guilds of the county, referred to in Article(23)
6 - The amount and manner of receiving financial resources, referred to in the clauses of Article (37 bis)
7 - The description of duties, the manner of holding elections and the financial resources of the commissions referred to in Note (4) of Article(45)
8 - The conditions for reporting inventory referred to in Note(2) of Article(60)
9 - Article(91)
shall be prepared within three months from the date this Law becomes effective, by the Chamber of Guilds of Iran in cooperation with the Secretariat of the Supreme Supervisory Board, and shall, after confirmation by the Supreme Supervisory Board, be approved by the Minister of Industry, Mine and Trade.
Article1: From the date this Law becomes effective, the name «Guild Affairs Assembly» is changed to «Chamber of Guilds of the County», the name «Guild Affairs Assembly of the Provincial Center» is changed to «Chamber of Guilds of the Provincial Center», and the name «National Guild Council» is changed to «Chamber of Guilds of Iran».