The Regulation on Commercial Advertisements of Goods and Services is published in the Official Gazette number 1402 dated April 4, 2021. The regulation has been enacted based on article 49 of the Consumer Protection Law. The objectives of this regulation are to create the opportunity for publishing and distributing real commercial advertisements of goods and services and to support the consumers by preventing the publication of untrue or misleading commercial advertisements of goods and services.
Regulation on the Services of Digital Network for Televisions is published in the Official Gazette number 1402 on April 4, 2021. This regulation has been enacted based on article 63 of the Telecommunications Services Regulation Law. The objectives of this regulation are the effective use of radio frequency spectrum as a scarce national resource, compliance with international treaties and obligations regarding the transfer of the analog system to digital, empowering the telecommunication sector and promote competition, public access to more television networks, and improving the quality of broadcasting.
The Regulation on Construction Permits and Prevention of Construction Violations is published in the Official Gazette number 1400 dated March 14, 2021. The objectives of this regulation are to provide the basis for applying construction standards; prevent construction violations; provide the basis for the construction of buildings based on the type of the land; control the density of the buildings taking into consideration the population in the cities; facilitate investment through the construction of buildings in the cities; simplify the process of permitting construction buildings; protect infrastructure and public service facilities; enforce safety principles during construction, and protect the environment.
The Law on Sale of Used Goods of Governmental Entities is published in the Official Gazette number 1403 on March 4, 2021. This law is enacted pursuant to sub-article four of Article 75 of the Constitution. The objectives of this law are arranging affairs related to the sale of used goods of the government entities, preventing the storage of unusable goods in the government entities, ensuring transparency in the sale of used goods of government entities, providing the private sector with access to the raw materials needed for production, providing investment in national development programs, creating employment opportunities and strengthening the government's financial strength.
The Cabinet approved the Regulation on Management of Public Investment in its meeting on August 24, 2020. The Regulation was published in Official Gazette 1390 dated October 31, 2020. This regulation is applicable to all publicly funded development projects and has 10 chapters and 52 Articles. The regulation specifies the steps for the development of public investment projects, categorization of the projects, analysis, and evaluation of the projects, inclusion of the project in the budget bill, creation of a budget code for such projects, supervision, and reporting, and establishes Public Investment Projects Preparation Fund.
The Cabinet approved the Regulation on Case Management in its meeting of August 24, 2020. The regulation is published in Official Gazette 1390 dated October 31, 2020. The Regulation establishes a leadership board for the management of the system and regulates the duties and responsibilities of the Board and its relevant entity members. The regulation also clarifies how the system should function and be managed, and accordingly specifies the obligation for the use of the system for managing and accelerating proceedings of legal and criminal cases, enhancing/improving and expediting access to legal cases and criminal case, electronic registration of legal and criminal cases, strengthening and ensuring transparency and accountability, and ensuring the security of the case management system.
The Law on Electronic Transactions and Signatures came into force based on a Presidential Legislative Decree dated August 29, 2020. The law is published in Official Gazette 1389 dated October 15, 2020. The purposes of this law are the provision of a legal framework for the electronic transaction and signatures, validation of electronic transactions, signatures, and correspondences, provision of the ground for the expansion of electronic transactions and correspondences, and provision of grounds for development and promotion of the digital ecosystem.
The Parliament recently approved the Presidential Legislative Decree based on which the Law on Procedure of Obtaining Rights came into force. The approved law was published in Official Gazette 1386 dated October 1, 2020. The law defines the process for submission of a petition for obtaining rights, and how the petition is processed. It also specifies the duties of legal departments with regard to the applications for obtaining rights and defines how a right to immovable property is obtained, how courts’ final judgments are executed and establish a coordination committee so that rights can be obtained through coordination of the relevant entities, when required or necessary.
The Parliament approved a Presidential Legislative Decree based on which the Small Claims Procedure—Annex 3 of the Commercial Procedure Code—came into force. The approved Small Claims Procedure is published in Official Gazette 1386 dated October 1, 2020. Based on the Small Claims Procedure, the commercial cases with a disputed amount of less than AFN 100,000 will be decided by a single judge with no appeal stage. Upon implementation of this Procedure by commercial courts, commercial disputes are expected to be solved in a speedy manner with less bureaucracy and will attract the entrepreneurs and traders to file lawsuits in courts rather than solving them through traditional means.
The Cabinet in its Resolution dated June 22, 2020, approved the Model Statute of the State-Owned Companies. The Model Statute came into force based on a Presidential Order dated July 25, 2020. The State-Owned Companies (SOCs) Law sets the approval of the Model Statute by the Cabinet as one of the pre-conditions for the establishment of SOCs or change of the legal status of enterprises to SOCs. Upon approval and publication of the model statute in the official Gazette, new SOCs may be formed using the model statute and completion of other requirements and approval referred in details in the SOCs Law. This will accelerate the process for the establishment of SOCs and paves the ground for the private sector to be shareholders in the SOCs which will function in different sectors all around the country.
The Cabinet approved the Regulation on Joint Committee of Media and Government with the aim to ensure support and safety of the journalists and/or persons involved in the media sector. The Regulation is published in the Official Gazette No 1374. The regulation establishes a Central Joint Committee of Media and Government in Kabul and Provincial Joint Committees in provinces. The Central Committee is authorized to assess and evaluate the threats against journalists and media activists and recommendations of the provincial committees, supervise the use of the Media Support Fund, and decisions making regarding cases between the media and security forces.
The Law on Expropriation of Lands for TAPI Gas Pipeline Project Route was published in the Official Gazette number 1371 on March 15, 2020. This law was enacted pursuant to Article 40 of the Constitution to provide ground for better implementation of the Turkmenistan, Afghanistan, Pakistan, and India (TAPI) Gas Pipeline project and to meet the lenders’ requirements. The Afghan government in particular the Ministry of Mines and Petroleum worked on the draft law for the expropriation of the lands in the TAPI project.
The Law on Limited Liability Companies was enacted pursuant to Article 10 of the Constitution, to regulate the affairs related to the establishment of limited liability companies and to facilitate investment, economic development, and trade development. This law entered into force on 12/12/1396 (March 03, 2019) and was published in Official Gazette No. 1292.
The Law on Municipality was enacted pursuant to Article 141 of the Constitution to regulate affairs of the Municipalities and entered into force on 23/07/1397 (October 15, 2018) after its publication in Official Gazette No. 1316.
The Law on Processing the Legislative Documents was enacted pursuant to Articles 56 and 95 of the Constitution to regulate affairs related to processing, publication, and enforcement of legislative documents and to raise awareness of the employees and officials of the government and citizens regarding the approved legislative documents. This Law entered into force on 06/07/1397 ( September 28, 2018) after its publication in Official Gazette No. 1313.
The Minerals Law was enacted pursuant to Article 9 of the Constitution. This law entered into force on 14/06/1397 (September 05, 2018) and was published in Official Gazette No. 1315.
The Public-Private Partnership Law was enacted pursuant to Articles 9(2) and 10 of the Constitution. This Law entered into force on 14/06/1397 (September 05, 2018) and was published in Official Gazette No. 1322.
The Law on Oil and Gas (Hydrocarbons) was enacted pursuant to Article 9 of the Constitution to regulate affairs related to determining State ownership and control of hydrocarbons, the preservation, utilization and granting concession rights, the execution of contracts, exploration activities, development, and production of oil and gas. This law entered into force on 14/06/1396 (September 05, 2017) and was published in Official Gazette No. 1277.
The Regulation on Establishment and Operation of Civil Aviation Air Transportation Institution was enacted pursuant to Article 8 of the Law on Civil Aviation, to regulate issues related to the establishment of aviation companies, to direct the activities of the civil aviation companies to be in compliance with the national and international standards, to ensure the safety of the national flights in accordance with the norms of the International Civil Aviation Union, controls and supervises the establishment and activities of the civil aviation companies. This Regulation was published in Official Gazette No. 1263 on 20/04/1396 (July 07, 2017).
The Penal Code was enacted to regulate the “Ta zeeri” crime and penalties. Those committing crimes of “Hodod”, “Qessass” and “Diat” shall be punished in accordance with the provisions of Islamic religious law (the Hanafi religious jurisprudence). This Code entered into force nine months after its publication on 25/02/1396 (May 15, 2017) in Official Gazette Extraordinary Issue No. 1260.
The Law on Expropriation of Land was enacted pursuant to Article 40(4) of the Constitution. This law entered into force on 14/12/1395 (March 04, 2017) and was published in Official Gazette No. 1258.
The Law on Managing Land Affairs was enacted pursuant to Article 9(2) of the Constitution. This law entered into force on 14/12/1395 (March 04, 2017) and was published in Official Gazette No. 1254.
The Value Added Tax Law was enacted pursuant to Article 42 of the Constitution. This law entered into force on 01/10/1395 (December 21, 2016) and was published in Official Gazette No. 1209. Articles 4 (2), 6 (1)2, 7(1), and 35(1) of this law were amended in 2017. and can be accessed in Official Gazette No. 1244.
The Law on International Treaties and Convention was enacted pursuant to Articles 7, 92(5) and 90(5) of the Constitution to regulate affairs related to engagement of the Government of the Islamic Republic of Afghanistan in treaties, agreements, contracts, and protocols with other governments and international organizations. This Law came into force upon its publication in Official Gazette No. 1236 dated 19/08/1395 (November 09, 2016). The amendments of this law can be accessed in Official Gazette No. 1257 and 1269.
The Election Law was enacted pursuant to Articles 33 and 156 of the Constitution to regulate affairs related to the Presidential, National Assembly, Provincial Council, District Council, Village Council, Mayoral and Municipal Council elections. This Law entered into force on 06/11/1395 (September 01, 2016) and was published in Official Gazette No. 1226.
The Law on Procurement was enacted pursuant to Article 75 of the Constitution to regulate public procurement of goods, services, and construction, to ensure transparency and economic conditions in the procurement process as well as to provide bidding opportunities to eligible bidders. This law entered into force on 21/05/1395 (August 11, 2016) after its publication in Official Gazette No. 1223.
The Customs Act was enacted pursuant to Article 42 of the Constitution in order to ensure the collection of state revenues by the national customs authorities, to provide for the organization of customs and supervision and control of export and import of goods in Afghanistan. This act entered into force on 07/05/1395 (July 28, 2016) and was published in Official Gazette No.1235.
The Regulation on Water Quality Control and Maintenance was enacted pursuant to Articles 29 and 31 of Water Law and was published in Official Gazette No. 1212 dated 25/02/1395 (May 14, 2016).
The Regulation on Private Museums was enacted pursuant to Articles 2 and 53(3) of the Law on Preservation of the Historic and Cultural Heritage of Afghanistan. This regulation entered into force on 30/01/1395 (April 18, 2016) after its publication in Official Gazette No. 1210.
The Tax Administration Law was enacted pursuant to Article 42 of the Constitution to manage tax administration affairs, to provide methods of collection of taxes and set out the rights and obligations of taxpayers and the taxation administration. This law entered into force on 27/08/1394 (November 18, 2015) after its publication in Official Gazette No. 1198.
Law on Civil Higher Education was enacted in the light of Article 79 of the Afghanistan Constitution to develop the quality of Higher Education for the purpose of strengthening human resources, Ensuring rights and privileges of the members of the academic cadres, determining obligations and responsibilities of the academic cadres in relation to the training and educating of students, promoting and developing training, academic, and research activities and strengthening spirit/moral of national unity among youths. The law has been published in the Official Gazette no. 1195 dated (October 31, 2015).
The Law on Travel and Residence of Foreign Citizens in the Islamic Republic of Afghanistan was enacted pursuant to Article 57 of the Constitution to regulate affairs of the foreigners traveling within the territory of Afghanistan. This law entered into force on 11/07/1394 (October 03, 2015) and was published in Official Gazette No.1185.
The Law on Banking of Afghanistan entered into force on 26/05/1394 (August 17, 2015) and was published in Official Gazette No 1197.
The Law on Commercial Contracts and Selling Property was enacted pursuant to Article 11 of the Constitution, to regulate commercial contracts and secure the rights and legal privileges of the contracting parties. This law was enacted on 28/07/1393 (October 20, 2014) upon its publication in Official Gazette No. 1150.
The Criminal Procedure Code was enacted to govern the practice and procedure of criminal cases at the courts. This law entered into force one month after its publication in the Official Gazette No. 1132 dated 15/02/1392 (May 5, 2014). The amendments and annexes of this code can be accessed in Official Gazette No. 1146, 1190 and 1286.
The Government Cases Law enacted pursuant to Articles 51 and 120 of the constitution to protect public properties. This law entered into force on 30/06/1392 (September 21, 2013) and was published in Official Gazette No. 1115 dated 30/06/1392 (September 21, 2013).
The Law on Structure and Authority of Attorney General Office was enacted pursuant to Article 134(3) of the Constitution, to regulate the whole structure of prosecutors’ offices including their authorities and responsibilities, internal affairs, criminal liabilities and etc. This Law entered into force on 22/04/1392 (July 13, 2013) and was published in Official Gazette No. 1117.
The Law on Civil Aviation was enacted to regulate civil aviation in the country. This law entered into force on 26/09/1391 (December 16, 2012) after its publication in Official Gazette No. 1093. Article 11 of this was amended in 2016, this document includes the amended text.
The Law for Regulating Telecommunication Services was enacted pursuant to Articles 10 and 37 of the Constitution in order to promote and develop telecom services. This law was entered into force on 24/04/1389 (May (July 15, 2010) and published in the Official Gazette No. 1031.
The Law on the Elimination of Violence Against Women was enacted pursuant to Articles 25 and 54 of the Constitution, to ensure the legal and Sharia rights of women, and was entered into force upon its publication on 10/5/1388 (August 01, 2009) in the Official Gazette No. 989. The amendments in this law can be accessed in Official Gazette No. 1286.
The Law on the Independent Commission for Overseeing the Implementation of the Constitution entered into force on 9/4/1388 (June 30, 2009), to regulate the activities, duties, and organization of the Independent Commission for Overseeing the Implementation of the Constitution, and can be accessed in the Official Gazette No. 986.
The Law on Secured Transaction of Movable and Immovable Property in Banking law was enacted pursuant to Article 64(11) of the Constitution. This law entered into force on 10/03/1388 (May 31, 2009) and was published in Official Gazette No. 990.
The Income Tax Law entered into force on 28/12/1387 (March 18, 2009) after its publication in Official Gazette No. 976. The amendments of this law can be accessed in Official Gazette No. 1181, 1103, 1115, 1118, 1206, and 1251.
The Labor Law was enacted pursuant to Article 48 of the Constitution to regulate and clarify the obligations, rights, leaves, privileges, and social security of employees. This law entered into force on 05/09/1387 (November 25, 2008) and was published in Official Gazette No. 966. Amendment to Article 61 of this law can be accessed in Official Gazette No.1230.
The Insurance Law was enacted pursuant to Article 10 of the Constitution, to regulate affairs relating to insurance. This law entered into force on 01/05/1387 (July 22, 2008) and was published in Official Gazette No. 954.
The Law on the sale of Immovable Properties to Diplomatic Representations of Foreign Countries and International Organizations was enacted pursuant to Article 41 of the Constitution in order to regulate the affairs related to selling immovable properties to diplomatic missions of foreign countries and international organizations. This Law entered into force on 27/03/1387 (June 16, 2008) and was published in Official Gazette No. 947.
The Civil Servants Law was enacted pursuant to Article 50(4) of the Constitution to establish sound administration, implement reforms in the administrative system, and regulate the activities of the Civil Service. This law entered into force on 26/03/1387 (June 15, 2008) and was published in Official Gazette No. 951. Amendments to Articles 9 to 11, 28 and the last paragraph of article 4 can be accessed in Official Gazette No. 992, 1071, 1180, 1230, 1278, and 1294.
The Advocates Law was enacted pursuant to Article 31 of the Constitution to regulate the rights and duties as well as other responsibilities of advocates. This law entered into force three months after its publication on 26/09/1386 (December 17, 2007) in Official Gazette No. 934.
The Regulation on Regulating the Affairs of the Prisons and Detention Centers was enacted to ensure the rights of detainees and prisoners in detention centers and prisons. This regulation entered into force on 12/09/1386 (December 03, 2007) after its publication in Official Gazette No. 935.
The Law of Prisons and Detention Centers was enacted to ensure the rights of detainees and prisoners in the detention centers and prisons. The law entered into force upon its publication in Official Gazette No. 923 dated 10/04/1386 (July 01, 2007).
The Law on Commercial Mediation and Arbitration was enacted to facilitate and encourage prompt, fair, and neutral resolution of commercial disputes through arbitration and mediation. This law entered into force on 28/10/1385 (January 18, 2007) and was published in Official Gazette No. 913.
The Private Investment Law was enacted to encourage and protect the domestic and foreign private investment. This law entered into force on 15/09/1384 (December 06, 2005) and was published in Official Gazette No. 869. The Amendments to this law can be accessed in Official Gazette No. 985 and 1230.
The Regulation on Recruitment of Foreigners in Afghanistan Institutions was enacted pursuant to Article 4 of the Afghan Labor Law. This Regulation addresses the conditions of recruitment of foreigners in Afghan institutions. This regulation entered into force on 30/04/1384 (July 21, 2005) after its publication in Official Gazette No. 858.
The Law of Firearms, Equipment, and Explosive Materials was enacted to regulate the acquisition, maintenance, shipment, production, purchase, sale, import, and export of weapons, ammunition, and explosives. This law came into force on 31/03/1384 (June 21, 2005) after its publication in the Official Gazette No. 855.
The NGO’s law was enacted to regulate the activities of domestic and foreign non-government organizations, to establish internal monitoring of the NGOs, and to regulate the liquidation of property and dissolution of the NGOs in the country. This Law entered into force on 25/03/1384 (June 15, 2005) and was published in Official Gazette No. 857.
The Law on Investigation on Children’s Violations was enacted pursuant to Article 54 of the Constitution and International Conventions for protecting human rights and in particular the interests of children. The Law regulates the investigation process of misconduct committed by juveniles. This Law was entered into force on 19/12/1383 (March 09, 2005 and was published in Official Gazette No. 846. The amendment of Article 6 of this law can be accessed in Official Gazette No. 1128.
The Law on Preservation of the Historic and Cultural Heritage of Afghanistan entered into force on 31/02/1383 (May 20, 2004) after its publication in Official Gazette No 828.
The Constitution of Afghanistan entered into force on 14/10/1382 (January 04, 2004) after its publication in Official Gazette No. 818.
The Da Afghanistan Bank Law was enacted pursuant to Article 79 of the Constitution to regulate bank affairs in the country. This law entered into force on 20/08/1382 (November 11, 2003) after its publication in Official Gazette No. 1197.
The Civil Procedure Code was enacted to regulate affairs related to civil cases in Afghan courts. This Code was entered into force one month after its publication in Official Gazette No.722 dated 31/05/1369 ( July 24, 1990). The amendment in Article 179 of this code can be accessed in Official Gazette No. 1128.
The Civil Code provides legal standards for the conduct of individuals, legal persons, the rights and obligations of persons regarding personal identities, property in civil, marriage, family, business, trade, and labor relations. This Code entered into force one month after its publication in Official Gazette No. 353 dated 15/10/1355 (January 05, 1977).
The International Convention on the Elimination of All Forms of Racial Discrimination adopted and opened for signature and ratification by General Assembly resolution 2106 of December 21, 1965, and entered into force on January 04, 1969, pursuant to Article 19.
The provisions of the Commercial Code are applicable to all commercial transactions and commercial disputes. This Code entered into force two months after its publication in Official Gazette dated 21/09/1334 (December 13, 1955).
Disclaimer!
In Afghanistan, the Dari/Pashto version of the law is the official version.
English translations are provided for reference purposes only and are not official.
These translations have been collected from a variety of sources and their accuracy may vary.
We recommend consulting the official version before relying on a translation.
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