August 2011

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We continue to inform you about the news, amendments and modifications introduced in the legislation of the Republic of Moldova in August 2011.

Amendments and modifications of legislation in next fields:

Entrepreneurship
1. As a result of the amendment and completion of the Code of Administrative Offences of the Republic of Moldova No. 218-XVI of October 24, 2008, control bodies will have additional grounds to hold liable economic operators and people responsible for them.

2. Also, the Offences Code of the Republic of Moldova No. 218-XVI of October 24, 2008 was added new contraventions in the field of mandatory social state insurance. Thus, the National Social Insurance House will draw up minutes of finding the following administrative offences:

3. The National Commission of Financial Market issued the Decision on the approval of the form and content of specialized reports of insurers (reinsurers). Through the nominated Decision there were approved the forms and the content of the Report on the basic activity of the insurer (reinsurer), the Report on technical reserves of the insurer (reinsurer) and the Report on solvency margins and liquidity ratio of the insurer (reinsurer). Insurers (reinsurers) were required to present the mentioned reports to the National Commission of Financial Market until the date of 25 of the month following the reporting year. (Decision of the National Commission of Financial Market No. 26/15 of July 7, 2011, Official Monitor of the Republic of Moldova No. 135-138 of August 19, 2011).

Labor legislation
Government Decision on minimum health and safety requirements for use of work equipment by employees at work was published. By this Decision, there were approved the regulations establishing general minimal health and safety requirements for the use of work equipment by employees, as well as minimal health and safety requirements applicable to work equipment. The given Decision enters into force on January 1, 2013 (Government Decision No. 603 of August 11, 2011, Official Monitor of the Republic of Moldova No. 135-138 of August 19, 2011).

Banks and banking activity
With purpose of improving the legal framework regarding transactions on Securities Market of the banking system, there was amended art. 15 of the Law of Financial Institutions No. 550-XIII of July 21, 1995, setting out expressively the cases where transfer of rate from the bank capital is to be made exclusively with prior written permission of the National Bank of Moldova. Failure to comply with this requirement will lead to absolute nullity of such transactions. At the same time, there was introduced a change to the Law on Securities Market No. 199-XIV of November 18, 1998 in the result of which the transfer of banks’ shares in terms of art. 15 of the Law on Financial Institutions will be registered only after presentation of prior written permission of the NBM, also being established that the transfer of ownership of securities will made only if court decisions are irrevocable. (Law No. 184 of August 27, 2011, Official Monitor of the Republic of Moldova No. 146 of August 28, 2011.

Regulations in various fields
1. In order to facilitate the external trade and to simplify customs procedures at import and export of goods to/from the customs territory of the Republic of Moldova, on the basis of the Regulation on customs clearance procedure at residence there started the implementation of a new procedure of customs clearance – at residence. This simplified procedure allows customs clearance of goods to be carried out at the residence of the interested person, in places of goods loading or unloading or places designated by the Customs Service. Access to this procedure of clearance at residence is given by the Customs Service to the interested person by issuing an Order with the clause for the applicant on meeting a series of conditions. In this way the applicant must:

At the examination of the request for the access to the customs clearance procedure at residence it will be taken into account the information and opinions presented by other public authorities regarding the applicant. (Main State Tax Inspectorate, Ministry of Internal Affairs, Center for Combating Economic Crimes and Corruption, etc.). (Order of the Customs Service No. 214-O of August 1, 2011, Official Monitor of the Republic of Moldova No. 131-133 of August 12, 2011).

2. The legal framework regulating organization and functioning of the judicial system was amended.

3. The Government approved the Regulation on registration of contracts of assessment, license, pledge and franchising regarding industrial property objects. According to this Regulation, contracts of assessment, license, pledge and franchising regarding industrial property are registered at the State Agency on Intellectual Property of Moldova at the request of the Contracting Parties. The Regulation sets out the conditions of application for registration of the above mentioned contracts, the rules applied to the documents to be enclosed with the application form, the procedure for examining applications and registration of contracts, the procedure of registration of contract changes, removal of information of some contracts registration, data published in the Official Industrial Property Gazette of the Republic of Moldova, as well as the rules governing activities related to the mentioned procedures. (Government Decision No. 612 of August 12, 2011, Official Monitor of the Republic of Moldova No. 135-138 of August 19, 2011).     

4. With purpose of enhancing consumer protection and of eliminating the obstacles in defending their rights, changes and additions were made in a series of legislative acts on consumer protection that will come into force on January 1, 2012:

5. The National Energy Regulation Agency approved the Regulation on quality of electricity transmission and distribution services. The given Regulation sets out quality indicators which reflect the continuity of electricity supply and quality of relations between the transmission system operator, operators of electricity distribution networks and final consumers, as well as consequences of non-compliance with the established minimal values of quality indicators. In case of failure to ensure quality indicators (scheduled or unscheduled interruption exceeding the allowed duration, issue of permits for connection in terms maximum of 15 calendar days, reconnection to the power grid within two days from the date of payment for reconnection, etc.), the transmission system operator and the operator of electricity distribution network is obliged to pay the ultimate potential or existing consumer  a compensation or to reduce the tariff for electricity distribution or transmission services. (Decision of National Energy Regulation Agency No. 406 of February 25, 2011, Official Monitor of the Republic of Moldova No. 131-133 of August 12, 2011).

6. The Regulation – Organization and Functioning of Private Medical-Sanitary Institutions was approved. (Order of the Ministry of Health No. 609 of July 27, 2011, Official Monitor of the Republic of Moldova No. 128-130 of August 5, 2011).

7. It was published the Regulation on issue of technical notice certifying the degree of execution of construction and compliance of construction works with project documentation. The Regulation sets out the modality and procedure for issuing the mentioned technical notice by the State Construction Inspection. (Order of the Ministry of Regional Development and Construction of Moldova No. 41 of June 29, 2011, Official Monitor of the Republic of Moldova No. 128-130 of August 5, 2011).