Amending And Supplementing Certain Acts In Regulating The Licensing Of Entrepreneurial Activity

Original Language Title: pentru modificarea și completarea unor acte legislative în domeniul reglementării prin autorizare a activității de întreprinzător

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967343/pentru-modificarea-i-completarea-unor-acte-legislative-n-domeniul-reglementrii-prin-autorizare-a-activitii-de-ntreprinztor.html

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Parliament adopts this organic law.
Art. I. - Article 30 of Law no. 845-XII of 3 January 1992 on entrepreneurship and enterprises (Gazette Parliament of Moldova, 1994, no. 2, Art. 33), as amended, paragraph 1 shall read as follows:
"1. The organization, the decision of the founder / general meeting may temporarily suspend their activities for a period not exceeding 3 years, if no debt to the central government and to other creditors. Information on absence / existence of the debt to the national budget is obtained by the relevant state registration and tax authorities of the automated information system of the Tax Inspectorate of State "current account of the taxpayer", through the platform of interoperability set by the government without the involvement of the applicant . "
Art. II. - Tax Code no. 1163-XIII of 24 April 1997 (republished in the Official Gazette of the Republic of Moldova, special edition of February 8, 2007), as amended, is amended and supplemented as follows:
1. Article 5:
paragraph 28) reads as follows:
"28) Tax Code - the taxpayer's personal identification number issued in the manner established by this Code. It is considered tax code and requires no award in the manner prescribed by this Code:
a) the identification number assigned by the state entity empowered with the right of state registration and indicated the decision on registration of legal entities and individual entrepreneurs subject to registration State, according to Law no. 220-XVI of 19 October 2007 on state registration of legal entities and individual entrepreneurs;
B) the identification number assigned by the state entity empowered with the right of state registration and indicated in the registration certificate of legal entities subject to state registration, according to Law no. 837-XIII of 17 May 1996 on public associations;
C) personal code (IDNP) indicated on the back of the ID of the individual citizen of the Republic of Moldova;
D) series and passport number of the individual Moldovan national who has no ID card, and if does not hold a passport, the tax code is the serial number of the birth certificate or other ID;
E) personal code (IDNP) indicated on the back of the residence permit of individuals holding foreign citizens in Moldova taxable objects or has tax liabilities, and in the absence of the residence permit tax code is serial number (without spaces) of the passport of the person's country of origin. "
paragraph 30) in the end the words:" the award number by the tax will be based on demand analysis and children on documents confirming subdivisions are submitted by taxpayers. No other documentation is required by the taxpayer or issuing documents (certificates, licenses, confirmations, etc.) by the fiscal body. "
Paragraph 42) reads as follows:
" 42) Certificate of fiscal code assignment - document confirming the decision to tax records. The certificate award tax code is issued as prescribed by this Code, except for taxpayers that the tax code is given pursuant to section. 28) letter a), b), c), d) and e). "
2. Article 8 (2), point b) is in the end the words "except taxpayers that the tax code is given pursuant to art. 5 points. 28) letter a), b), c), d) and e). Taxpayers who are registered by the bodies empowered state registration records are made to the fiscal body that according to information provided by these bodies. "
March. Item 1 of Annex. 3 Title IX, the words "preliminary opinion and" exclusive.
Art. III. - Law no. 451-XV of 30 July 2001 on regulating the licensing of entrepreneurial activity (republished in the Official Gazette of the Republic of Moldova, 2005, no. 26-28, art. 95), as amended, is amended as follows:
1. Article 8 (1), paragraph 10) is repealed.
2. Article 13 (1), the figures "10)" are excluded.

Art. IV. - Article 182 of Law no. 283-XV of 4 July 2003 on private detective and security (Official Gazette of the Republic of Moldova, 2003, no. 200-203, art. 769), as amended, letter e) shall read as follows:
"e) the affidavit on lack of criminal record."
Art. V. - Law no. 119-XV of 22 April 2004 on plant protection products and fertilizers (Official Gazette of the Republic of Moldova, 2004, no. 100-103, art. 510), as amended, is amended and supplemented as follows:
1. In Article 3, the term "trader" is excluded.
2. Article 12:
in paragraph (1) letter a) shall read as follows:
"a) authorization to operate a warehouse for storing plant protection products and fertilizers;"
at (11) the words "For holding the license" is replaced by "on the activity";
Paragraph (12) shall be repealed;
In paragraph (13):
in the introduction, after the words "free" the words "indefinitely";
Point b) repealed;
In paragraph (2), the word "license" is replaced by "authorization of the warehouse for storing plant protection products and fertilizers"
In paragraph (3):
in the introductory word "license" is replaced by "authorization to operate a warehouse for storing plant protection products and fertilizers"
In points a) -c), the words "licensee" shall be substituted with the word "titular"
Point d), the words "license for that activity" is replaced by "operating permit for keeping the deposit of plant protection products and fertilizers"
Paragraph is completed with the letter f) as follows:
'f) violation of operating requirements warehouse for storing plant protection products and fertilizers. "
March. Article 21 (3), the words "Licensing Chamber" are excluded.
4. Article 23:
(11) reads as follows:
"(11) harmlessness certificate is issued, upon request, based on laboratory test results or based on their own statement regarding compliance with terms of plant protection products and fertilizers provided for in art. 231. "
in paragraph (5) the words" certificate of harmlessness and the certificate of conformity "are replaced by" issued by the competent authority of the exporting plant. Fresh fruits and vegetables must be accompanied by a certificate / official document, which ensures safety of respecting the maximum permissible limits for pesticide residues and nitrate content issued by the competent authority of the exporting plant. "|| | 5. Article 231 reads as follows:
"Article 231. The self-declaration
on compliance with terms
of plant protection products and

fertilizers (1) self-declaration of compliance rules for the use of plant protection products and fertilizers is an official document, presented by the operator subdivisions of the National Agency for Food Safety, which confirms compliance declarant appropriate .
(2) The National Agency for Food Safety develop, approve and publish on its website the official model on their own statement.
(3) The self-declaration submitted by the farmer who performs treatments with plant protection products and fertilizer incorporation is accompanied by the following documents:
a) a copy of the register of the use of plant protection products and fertilizers per year, registered and sealed the territorial subdivision of the National Agency for Food Safety, whose model is presented in Appendix. 4;
B) copies of receipts or invoices confirming the purchase of plant protection products and fertilizers.

(4) farmers who performs treatments with plant protection products and fertilizers and the incorporation of a legal entity providing services in plant protection keep records of the use of plant protection products and fertilizers in the Register of use of plant protection products and fertilizers. Entries in the Register shall be carried out and signed by the responsible official document and is in the process of quality control phytosanitary treatments. "
June. Annex. 3 is repealed.
Art. VI. - Law no. 220-XVI of 19 October 2007 on state registration of legal entities and individual entrepreneurs (Official Gazette of the Republic of Moldova, 2007, no. 184-187, art. 711), as amended, is amended and supplemented as follows :
1. In Article 9 (7), the word "and" is replaced by "and in collaboration with" and the text "verification costs are borne by the depositor." Excluded.
2. Article 18 (2) is in the end the words' according to data presented by Tax Inspectorate of State registration authority of the state automated information system "current account of the taxpayer", through the platform of interoperability set by the Government, without registrant involvement ".
March. Article 24 (11) in the end the words' according to data presented by Tax Inspectorate of State registration authority of the state automated information system "current account of the taxpayer", through the platform of interoperability set by the Government, without registrant involvement ".
4. Article 26 (2) is in the end the text: "Information on the absence / existence of the debt to the national budget is obtained by the relevant state registration of the automated information system of the Tax Inspectorate of State" current account of the taxpayer " through the platform of interoperability set by the Government. "
May. Article 31 (1) a) is in the end the words' according to data presented by Tax Inspectorate of State registration authority of the state automated information system "current account of the taxpayer", through the platform of interoperability established by government without the involvement of the applicant ".
Art. VII. - Law no. 221-XVI of 19 October 2007 on veterinary work (republished in the Official Gazette of the Republic of Moldova, 2013, no. 125-129, art. 396), as amended, is amended as follows:
1. In Article 2, the term 'opinion veterinary import, export or transit "reads as follows:
" notice veterinary import / export - official document issued by the National Agency for Food Safety, under which it the importation or exportation of goods subject to state veterinary control; ".
2. Article 331:
title and paragraph (1) the "export or transit" is replaced with the words "or export";
In paragraph (2), the words' import / export / transit "is replaced by" import / export ";
In paragraph (3):
in the introductory part, the words "export or transit" is replaced with the words "or export";
Point i) shall be repealed;
To (8), the text ', export or transit "is replaced by" or export "and the text" export or transit "- the words" or export ";
In paragraph (10), the text "and Transit - 8 days from date of issue" shall be excluded.
March. Annex. 10:
the title and the content of opinion, the words "IMPORT / EXPORT / TRANSIT" is replaced by "import / export";
Point 4 is excluded.
Art. VIII. - Article 26 (6) of Law No plant kingdom. 239-XVI of 8 November 2007 (Official Gazette of the Republic of Moldova, 2008, no. 40-41, art. 114), the words "harvest timber cutting in the forest vegetation" is replaced by "cutting in the forest and the forest vegetation outside the forest ".
Art. IX. - Article 27 (5) of Law no. 163 of 9 July 2010 authorizing the execution of construction (Official Gazette of the Republic of Moldova, 2010, no. 155-158, art. 549), as amended, the words "for public works of national interest" are excluded.

Art. X. - Law no. 228 of 23 September 2010 on plant protection and phytosanitary quarantine (Official Gazette of the Republic of Moldova, 2010, no. 241-246, art. 748), as amended, is amended as follows:
1. Article 2:
concept of 'expertise quarantine "shall read as follows:
" laboratory expertise - a set of methods and investigative measures authorized by an inspector or, where appropriate, by an accredited laboratory in order identification of quarantine and noncarantină; "
concept" plant import permit (transit) "shall be excluded.
2. Article 3, paragraph 2) f) the text "of the plant import permit (transit)," shall be excluded.
March. Article 4:
in paragraph (4):
point h) to read as follows:
"h) issue the phytosanitary certificate, phytosanitary certificate for re-export through subdivisions district / municipal and sanitary control stations -veterinar and border protection for plants, plant products and related goods subject to phytosanitary quarantine; "
point i) the text" phytosanitary import permits (transit) / "shall be excluded;
Point q) the words "the certificate expertise quarantine" shall be excluded;
In paragraph (5), points a) and d) is repealed.
4. In Article 8 i) the text "phytosanitary import permits (transit)," shall be excluded.
May. Article 10 (1), points c) and d) shall read as follows:
"c) visual and physical control pest identification, establishment of contaminants (leaves, soil) and document preparation on the inspection;
D) checking documents phytosanitary control of plants, plant products and related goods subject to phytosanitary quarantine, the place of manufacture, delivery of the decision on compliance with phytosanitary requirements. "
June. Article 19:
in paragraph (1) the "presentation phytosanitary import permit (transit) issued by the phytosanitary control, indicating import conditions, product use, and" shall be excluded;
(3) reads as follows:
"(3) In order to ensure phytosanitary control at import (transit) plants, plant products and related goods subject to phytosanitary quarantine, the importer shall submit to the National Agency Food Safety, at least 24 hours before the import operation, in electronic format, an affidavit intention import, indicating the points of entry. "
in paragraph (5), point d) will follows:
"d) refusal to import (transit)".
July. Article 21 reads as follows:
"Article 21. Marketing plants and
plant products imported

domestic marketing of plants and plant products imported into the domestic market shall be based on the passport of imported goods subject to quarantine control. "
August. The title of Chapter VII, the words "PROTECTION OF IMPORT LICENSE (TRANSIT)." Is excluded.
September. Article 26 (5):
in the introduction, the digits "24" is replaced with the digits "48";
Letters d), f) and h) is repealed.
10. Article 261:
title and paragraph (1) shall read as follows:
"Article 261. Phytosanitary control units
transportation and other goods
Related subject to

phytosanitary quarantine (1) To obtain phytosanitary certificate, phytosanitary control calls exporter of transport units and other related goods subject to phytosanitary quarantine and provides access to the goods concerned for inspection. Phytosanitary control of transport units and other related goods subject to phytosanitary quarantine part of the procedure for issuing a phytosanitary certificate. "
In paragraph (2), the words' application for" exclusive;
(3) reads as follows:
"(3) The phytosanitary control of transport units and other related goods subject to phytosanitary quarantine ends with the preparation of the control immediately after it; a copy of the subdivision shall be forwarded responsible for issuing phytosanitary certificate and another copy shall be handed over free of charge to the applicant. "

11. Articles 32 and 321 shall be repealed.
12. Annex. 2 is as follows:
Annex 2


13. Annex. 5 (recto and verso) is repealed.
14. Throughout the Law, the words "expertise quarantine" shall be substituted with the words "laboratory expertise."
Art. XI. - Law no. 160 of 22 July 2011 regulating the licensing of entrepreneurial activity (Official Gazette of the Republic of Moldova, 2011, no. 170-175, art. 494), as amended, is amended and supplemented as follows: 1
. Article 2 to the notion "enabling act" text "and / or grants the applicant" is replaced by "and meeting the conditions set by law, confirming the investiture of the applicant".
2. Article 4:
in paragraph (1), point c) to read as follows:
"c) confirm and / or certify professional skills of employees of enterprises, which are valid only for the undertaking's also indispensable for work entrepreneurial held by it; This act can not be used by the employee in question to another company with similar activity. "
article is filled with (11) - (14) as follows:
" (11) is a permissive Act means of intervention to be used equivalently authority empowered by other means and techniques of intervention of public authorities, taking into account the principle of proportionality.
(12) Establish an enabling act must be consistent, necessarily, with one or more permissive risks that this act can cover them and which are not addressed by other means of intervention of public authorities, including other permissive documents.
(13) The emergence of rights and / or obligations confirmed by a permissive act takes place only by virtue of the applicant meeting the requirements and conditions set out expressly and exhaustively by law. The will expressed by the issuing authority can not act permissive underlies the emergence of rights and duties, it only confirms meeting the requirements and conditions set by law, unless the law expressly grants the task once the public authority concerned. The issuing authority may reject the application, refuse to issue permissive act and initiate the procedure for suspension and / or revocation of the act unless the applicant meets permissive and non-compliant and / or conditions expressly established by law in respect of permissive document in question.
(14) Confirmation on paper or on another support act is merely permissive proof of the existence of the act and the rights in respect of a specific entity. Issuing support and / or its destruction does not make the existence of rights and obligations which are confirmed by this support. All issuing authorities are obliged to keep records, including electronic acts and permits issued to provide direct access, including electronic, these registers control bodies and other public authorities in the required amount of duties and tasks of these authorities. "
Paragraph ( 2) is in the end the text: "When the (proposal) an act enabling new is required to examine and propose the elimination of one or more of permits in force issued by the same authority or acts covering all or some of the same risks , regulatory areas and / or entrepreneurial activity. Completing the nomenclature proposal said any new enabling act will be accompanied by adjusting and completing the legislative framework in force with sufficient procedural and substantive provisions for the regulation proposed by the permissive act correspond to the principles and rigors of this law. "
Paragraph ( 3) is in the end the words "and unique governmental portal of public services";
Article is supplemented by paragraphs (4) and (5) as follows:
"(4) The issuing authorities are obliged to submit for inclusion or include all information on permissive documents issued by them and documents / formalities relating to the procedure for requesting and issuing single government portal of public services (www.servicii.gov.md) and to ensure that the portal shall be used as electronic single window for requesting of permits. Ensuring functionality and regulating the legal status and the use of unique governmental portal of public services is attributed to the Government.

(5) The licensing authority has the right to suspend and / or revoke permissive act and to reject the applicant's request in order to sanction if it violates the conditions or does not pay some obligations not within the specific list of requirements and / or conditions set by the law to act permissive concerned. "
March. Article 6:
in paragraph (1), after "the letter" the words "through dedicated information systems" and the words "digital signature" is replaced by "qualified advanced electronic signature";
Article is filled with (11) - (13) as follows:
"(11) The issuing authorities are obliged to implement, where appropriate, the possibility of requesting and receiving of permits remote. To this end, the applicant has the right to transmit electronically (without digital signature application), copies of the requested documents attached to the application. In this case, the electronic version of children may not serve as grounds for rejecting the application.
(12) In the case indicated in para. (11) The licensing authority may require the issuance of the document permissive or for up to 30 days from the date of issue, to be made available original documents, copies of which were attached to the request sent away (electronically) to verify the authenticity of the children concerned.
(13) At the request of permissive document, the applicant is entitled to declare the information required in accordance with Law no. 161 of 22 July 2011 on the implementation of one-stop shop for entrepreneurial activity, without attaching documents confirming the request. "
In paragraph (4) the words" In this case, the enabling act "shall be substituted with the words" In this case in the docket of the issuing authority and the act permissive, "and the words" endorsement longer validity period can be applied to act permissive before the expiry of his "- the words" endorsement longer validity period can be applied to the deadline ";
(6) reads as follows:
"(6) The licensing authority is required to take, in accordance with Law no. 71-XVI of 22 March 2007 on registers, register of permits it issued and the register of applications received. The issuing authority is obliged to provide public access, including via the Internet, the data from those records, in compliance with the rigors required by the legislation on protection of personal data. "
4. Article 9:
(2) in the end the words: "Payments established for issuing permissive act and issue related services shall not exceed the cost of preparing and issuing permissive document in question and the provision of related services or all of the income from those payments shall not exceed the costs of issuance of permits. "
(4) reads as follows:
" (4) the funds collected from issuance of permits and re-conclusion indicated in the Annex fees for documents permissive and services related to issuance provided by the issuing authority shall be paid into the state budget in accordance with the laws governing the types of activities and establish the methodology for calculating charges, with the exception of cases established by law. "
May. In the Annex:
compartment "State Tax Inspectorate", positions 2, 3, 11, 12 and 14 are excluded;
Compartment "Customs Service", the 3, 10 to 12 and 15 are excluded;
Compartment "Ministry of Economy", positions 1-3 are excluded;
Compartment "State Inspectorate for Technical Supervision of Industrial Dangerous", positions 1, 2 and 4 are excluded;
Compartment "Ministry of Agriculture and Food Industry", positions 4, 10, 14, 23-25 ​​and 33 are excluded;
To section "Interior Ministry", positions 1-6, 8-11 and 17 are excluded;
Compartment "Ministry of Transport and Roads Infrastructure", the 1, 5 and 6 are excluded;
Compartment "Civil Aviation Authority", the 2, 9-16, 20-36 and 39 are excluded;
Compartment "SE" Naval Register "positions 3-17, 19 and 21-32 are excluded;

The section "Public Institution" Harbor Master Giurgiulesti "positions 1-4, 7, 8 and 10 to 13 are excluded;
Compartment "State Agency for Intellectual Property", positions 1, 2 and 4 are excluded;
Section "Ministry of Culture" shall be excluded;
The section "Information Technologies and Communications Ministry / State Enterprise" Radiocommunications ", position 1 is excluded;
Compartment "Ministry of Environment", item 7 shall be excluded;
Compartment "Fishery Service ', position 2 is excluded;
Compartment "National Centre for Terminology", positions 1 and 2 are excluded.
Art. XII. - In order to achieve the objective "Business: with clear rules" established by Law no. 166 of 11 July 2012 approving the National Development Strategy "Moldova 2020" and in accordance with the general obligation for periodic review established by art. 3 of Law no. 161 of 22 July 2011 on the implementation of one-stop shop for entrepreneurial activity, with a view to decrease the burden of existing business, but also to streamline costs and effort in the process of regulation by permissive, including licenses, will undertake the following measures:
1. Central public administration authorities issuing of permits, including licenses, initiate a wide-ranging review of the appropriateness of permits in question, including licensing, compliance of these acts principles of business regulation, streamline and simplify the application process and issuing of such acts, which involves the following steps:
1) identify the full spectrum of permits, including licenses, procedures and materials such violations;
2) determining the timeliness and maximum reduction of their number by:
a) elimination of the regulatory framework if it finds duplication with other acts or mechanisms of intervention and / or their lack of opportunity;
B) elimination by merging with other acts that have similar purpose;
C) transforming the act of notification procedures and / or official registration;
D) converting the confirmation procedure act and / or the exchange of information between authorities (without the involvement of the applicant) in the proceedings for a related measure;
3) establishing the minimum number of permits, licenses including, indispensable for effective regulation of business activity, which would enable each authority to perform their duties and achieve their goals with minimum burden for business;
4) The maximum reduction of the burden of permits, including licenses which have not been eliminated and efficient way to request and release them through:
a) maximum reduction procedures and required documents to the applicant;
B) reducing the maximum area of ​​application (the categories of persons or types of activities) and / or increase the maximum shelf-life;
C) correlation examination of, and payment for expenses incurred by the issuing authority to act (taking into account the related allocations from the state budget), and ensuring predictability and transparency of costs for obtaining the permissive document, including the license;
D) establishment of PSCs and / or implementation of one-stop solutions to facilitate application, issue and receipt, including the exchange of information between authorities and automated data exchange between authorities through free platform for interoperability set by the Government; implementation of electronic document circulation, standardize and streamline document management within the authority and between authorities;
5) correlating legal licenses, including licenses which have not been eliminated and how the regulatory regime of their legal regulatory principles established by Law no. 160 of 22 July 2011 on regulating the licensing of entrepreneurial activity, Law no. 451-XV of 30 July 2001 on regulating the licensing of entrepreneurial activity, Law no. 161 of 22 July 2011 on the implementation of one-stop shop for entrepreneurial activity, Law no. 235-XVI of 20 July 2006 on the basic principles of regulation of entrepreneurial activity and other relevant laws.
2. The review process optimization program will be initiated after this Law and shall be held within six months of the following public authorities:

1) National Commission of Financial Market;
2) Broadcasting Coordinating Council;
3) National Centre for Terminology;
4) The National Agency for Energy Regulation;
5) National Regulatory Agency for Electronic Communications and Information Technology;
6) Intelligence and Security;
7) Government for permissive documents including licenses granted by:
a) Ministry of Economy (the authorities, institutions and enterprises subordinated);
B) Ministry of Finance (the authorities, institutions and enterprises subordinated);
C) Ministry of Justice (the authorities, institutions and enterprises subordinated);
D) Ministry of Interior (with authorities, institutions and enterprises subordinated);
E) The Ministry of Regional Development and Construction (with authorities, institutions and enterprises subordinated);
F) Ministry of Agriculture and Food Industry (the authorities, institutions and enterprises subordinated);
G) Ministry of Transport and Roads Infrastructure (with authorities, institutions and enterprises subordinated);
H) Ministry of Environment (with authorities, institutions and enterprises subordinated);
I) Ministry of Education (the authorities, institutions and enterprises subordinated);
J) Ministry of Culture (the authorities, institutions and enterprises subordinated);
K) Ministry of Health (with authorities, institutions and enterprises subordinated);
L) Ministry of Information and Communication Technology (with authorities, institutions and enterprises subordinated);
M) State Agency for Intellectual Property;
N) Tourism Agency;
A) National Agency for Food Safety;
P) Land Relations and Cadastre Agency;
Q) Civil Aviation Authority.
March. Process review and optimization will be provided by the Government. By the end of the review process and optimization, the government will prepare and submit to the Parliament:
a) draft legislation amending and supplementing the approval of the proposed optimization results and their subsequent implementation;
B) draft new Nomenclature of permissive acts, which will be divided into three parts: authorization (permissive documents that refer to grant certain rights to the certification activity and meeting certain conditions by the operator), certificates (of permits that refers to the conformity of the goods and / or services) and licenses, the project was accompanied by proposals for amending related laws.