Published and draft legislation - Peru

General Grocery Storekeepers Law

Act 30877

This regulation defines "grocery stores" as retail businesses selling basic goods, predominantly food and beverages, mainly serving the daily needs of households.

The new Act 30877 acknowledges the social utility of small grocery storekeepers, distributing or selling basic goods, as micro or small enterprises that generate direct and indirect employment, representing a basic economic unit that is essential for community development. As such, it declares that 12 August be declared an annual "Storekeeper Day" in recognition of this activity.

Similarly, the act stipulates that local governments must encourage grocery stores to come into the formal economy by simplifying and speeding up the paperwork involved in the various registration, inspection, supervision and subsequent verification procedures. Thus, provisional operating licenses will be granted automatically, once the corresponding zoning and compatibility of use has been approved. This provisional license will be valid for twelve (12) months. When the license falls due, if no irregularity has been detected or, if detected, this has been corrected, the definitive municipal operating license must be issued automatically and at no cost, within ten (10) calendar days. The act makes the provision that no fees will be charged for renewing, legalizing, supervising, updating data or for anything else relating to this paperwork, with the exception of penalties, if there are any, in compliance with the Municipal Taxation Act.

In addition, through action in the sector and on the part of regional or local governments, technical assistance and training for grocery storekeepers will be provided, in the areas they need, so that these basic economic units can join the formal economy and improve their competitiveness; the training they receive should in particular cover: (i) business organization and associations; (ii) business management; (iii) encouragement for their inclusion in the social security system by voluntary contributions to the Office for the Standardization of Welfare (ONP); (iv) Access to financing; and (v) Legal, employment and tax assistance.

In the area of access to financing, the Act specifies that the State will encourage this through microfinance institutions regulated by the Banking, Insurance & Pension Fund Management Authority, and other appropriate means.

Likewise, when it comes to training on tax matters, it establishes that the State will support information campaigns about different tax regimes under which grocery store owners can do business. To that end, the National Customs and Tax Administration Authority (SUNAT) will adopt the technical, regulatory, operating and administrative measures necessary to support their activity and in fulfillment of its role as the administrative, tax collection and supervisory body.

Finally, as a further benefit, the act stipulates that grocery stores in the formal economy with annual sales of under 150 tax units, will pay public services at the residential rate, as an incentive for going into the formal economy and to help the survival of this basic local trade unit. It will do this provided that the store provides a neighborhood service and is located in areas that are suitable for residential use, when most of the business in question is located in part of the living space