The Ministry of Economy and Commerce of Kyrgyzstan has initiated amendments to the government resolution «On Regulating Trade Activities in the Kyrgyz Republic». The draft document has been submitted for public discussion.
The ministry noted that the practice of charging a separate service fee—typically 5–15 percent of the bill—listed separately and often not included in the base cost of the order, has become widespread in the catering sector.
This practice raises serious concerns in terms of tax regulation, consumer protection, and business transparency. It is important to emphasize that a service charge is not an independent service but an integral part of the overall catering service.
Consumers have the right to know the exact cost of services before placing an order. Separating the price into a base cost and additional charges misleads customers and violates principles of fair commercial practice.
Lack of price transparency prevents consumers from making informed choices and may lead to dissatisfaction or disputes.
«It should be noted that relations between clients and catering establishments are of a civil-law nature and are regulated by contracts, which may be concluded in written or oral form under the Civil Code of the Kyrgyz Republic. According to paragraph 141 of the Rules on Trade in Certain Types of Goods in the Kyrgyz Republic, approved by a government resolution, catering establishments have the right to establish additional conditions for visitors, provided these do not contradict the law. However, if a service fee is not specified in the menu, including such a charge in the final bill constitutes a violation of the Law» On Consumer Protection" (Articles 7, 9, 27)," the background statement says.
In the absence of clearly defined legislation regulating service charges, the Cabinet of Ministers is entitled to set unified rules for providing catering services to protect consumer rights.
The proposed revision of paragraph 141 includes:
- Charging separately for service, serving dishes, table setting, or other actions of service staff, apart from the main cost of the order, will not be allowed;
- The cost of all elements of catering services must be included in the prices listed in menus, price lists, or other documents available to consumers before placing an order;
- The final bill must not differ from the amount calculated based on the publicly available price list, except in cases of voluntary tips.
Regulating the practice of separate service charges is as a necessary step to improve business transparency, strengthen the tax system, and protect consumer rights.
According to the ministry, such measures will help create a fairer, more transparent, and more sustainable system of providing catering services in the country.
