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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-the tax code no. 1163-XIII of 24 April 1997 (reprinted in the Official Gazette of the Republic of Moldova, special edition of 8 February 2007), with subsequent amendments and additions, is modified and completed as follows: 1. In article 336 paragraph 14), the words "shall be confirmed by a valid certificate" shall be replaced with the words "shall be confirmed by a valid confirmation."
2. In article: 3484, paragraph 4 shall read as follows: "(4) The payment, Transport Ministry and reinforce progressive access to road infrastructure shall issue a receipt certifying payment of the fee. Confirmation form and the list of documents which are issued confirmation shall be determined by the central body in the field of transport. "in paragraph 5, the word" certificate "shall be replaced with the word" confirmation ".
3. In article 3485: (1) to be completed in the final text ", as well as for each consecutive period of 180 days, including incomplete periods following the first 180 days";
in paragraph 4, the word "certificate" shall be replaced with the word "confirmation";
in paragraph 5, the word "certificates" shall be replaced with the word "confirmations".
4. Title IX, annex. 21 shall read as follows: "annex. 21 fee for using roads Republic of Moldova by vehicles not registered in the Republic of Moldova (label) the object of taxation





Period, days





Fee, euros









Vehicles classified under heading 8703 and trailers attached to them, classified within heading 8716





7





4









15





8









30





16









90





45









180





85









Vehicles classified under heading 8703 and trailers attached to them, classified within heading 8716, introduced into the customs territory by individuals residing in any State and holding the driving licence issued in the country where they domicile, declared through action within the customs territory of the Republic of Moldova more than 180 over a period of 12 consecutive months





180

is payable for each consecutive period of 180 days, including incomplete periods following the first 180 days "









Art. II.-Annex 2. in law No. din20 1380-XIII of November 1997 on customs tariff (republished in the Official Gazette of the Republic of Moldova, Special Edition from January 1, 2007), with subsequent amendments and additions shall be completed with a new position with the following contents: 22.





Escorting vehicle autocătre border customs organ to be removed from the customs territory of the Republic of Moldova





0.15 EUR/km













Art. III.-Article from 1841 customs code of the Republic of Moldova nr. 1149-XIV of July 20, 2000 (reprinted in the Official Gazette of the Republic of Moldova, Special Edition from January 1, 2007), with subsequent amendments and additions shall be completed as follows: under paragraph (1), in the introductory part, the words "declared by" insert text action "and placed under customs regime of temporary admission for a period of up to 180 days out of a period of 12 consecutive months";
Article shall be supplemented by paragraphs (4) to (7) with the following contents: "(4) by way of derogation from paragraph 1. (1) (a). c), means of transportation introduced into the customs territory by individuals residing in any State and holding the driving licence issued in the country where they domicile, declared through action, can be found in the customs territory of the Republic of Moldova for a period longer than that laid down in this article.
The means of transport in question cannot be located on the territory of the Republic of Moldova for a period in excess of the term of Office of the means of transportation under customs regime of temporary importation laid down in article 21. 69. (5) the means of transport declared by doing the customs territory for which the deadline has expired in accordance with the provisions of this code are identified, apprehended and brought by the police, the border police or mobile teams to the nearest customs office or by the border customs, the deed being recorded in the minutes.
(6) if the casualty by the police of the means of transport to the Customs Office, escorting the means of transport to the customs body for the border to be brought out of the customs territory of the Republic of Moldova is assured by the Customs Office within 24 hours from the date of the casualty thereof.
(7) the costs of escorts of means of transport car are determined in accordance with the fee set out in the law on customs tariff. Costs of retrofit and escorts are covered by the individual who failed to comply with the time limit of the means of transportation within the customs territory. "
Art. IV.-in article 10 (3) of law No. 1569-XV of 20 December 2002 on the way of introduction and withdrawal of goods from the territory of the Republic of Moldova by individuals (Official Gazette of the Republic of Moldova, 2002, nr. 185-189, art. 1416), with subsequent amendments and additions, in the introductory part, the words "temporary admission" insert the words "for a period of up to 180 days out of a period of 12 consecutive months."
Art. V.-Article 53 of law No. 131-XVI of 7 June 2007 on the safety of road traffic (republished in the Official Gazette of the Republic of Moldova, 2015, 11-21, art. 6), with amendments and additions thereto, shall be amended and shall be completed as follows: to be completed with (21) and (22) with the following contents:

"(21) movement is prohibited on public roads for motor vehicles with registration number plates in Transnistria and Bender in the case of drivers of motor vehicles who hold a driving licence of the Republic of Moldova, delivered in the manner determined by national law, and reside in the territory of the Republic of Moldova, as well as the movement of motor vehicle registration number plates from a foreign State not recognised by the Republic of Moldova.
(22) Notwithstanding paragraph 21 allow the movement of vehicles on public roads with registration number plates in Transnistria and Bender in the case of drivers of motor vehicles who hold a driving licence of the Republic of Moldova, delivered in the manner determined by national law, and reside in the territory of the Republic of Moldova, if the vehicles are owned by operators in Transnistria and Bender municipality and if drivers are employed by motor vehicles them. "in paragraph (5) shall be repealed.
Art. Vi.-offences of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), with amendments and additions thereto, shall be amended and shall be completed as follows: 1. Article 2873 is completed with paragraph 5 with the following: "(5) the application and enforcement of administrative penalty does not relieve the offender from the performance of the obligation for which failure has been applied. In this case, the offender shall pay the sticker according to the annex. 21 to Title IX of the tax code, including in the size established for each consecutive period of 180 days, and for the incomplete periods following the first 180 days. "
2. In article 423 paragraph 1, after the words "Offences referred to in article" insert text "2873,".
3. In article 438 (1): the letter c) shall read as follows: "c) expired for 180 days of temporary importation of means of transport within the territory of the Republic of Moldova, except the means of transportation is introduced into the customs territory by a natural person residing in any foreign State and holding the driving licence issued in the home country;" paragraph is completed with the letter d) with the following contents : d) does not have a domicile in one of the administrative-territorial units of Transnistria or Bender, hold the driving licence of the Republic of Moldova, delivered in the manner determined by national law, and drive a car with the registration number plate from one of territorial-administrative units of Transnistria or Bender, except in the case provided for in article 10. 53 para. (22) of the law on the safety of road traffic. "
4. article 439 supplemented (21) with the following contents: "(21) in the case of expiry of the customs territory of the means of transport declared by the action, it is brought to the nearest customs office."
Art. VII.-in article 7 of law No. 283 of 28 December 2011 on border police (Official Gazette of the Republic of Moldova, 2012, no. 76-80, art. 245), with the subsequent amendments and completions, paragraph 1 shall be supplemented by the letter v) with the following content: "v) to stop and control of the existence and validity of the reinforce progressive access, and in case of expiry of the customs territory of the means of transport declared by the action , to detain and bring it to the nearest customs office or by the border customs, the deed being recorded in the minutes. Retrofit costs of means of transport to the Customs office or the customs border, in the size set by the Government, are borne by the individual who failed to comply with the time limit of the means of transportation within the customs territory. "
Art. VIII.-Article 25 of law No. 320 of 27 December 2012 on the activity and status of the police Police (Official Gazette of the RM, no. 13, 42-47, art. 145), with subsequent amendments and additions (5) shall be supplemented with 151 points) and 152) with the following content: "151) to stop traffic and control of the existence and validity of the reinforce progressive access, and in case of expiry of the customs territory of the means of transport declared by the action , to detain and bring it to the nearest Customs Office, the deed being recorded in the minutes. Retrofit costs of means of transport to the Customs Office, in the size established by the Government, are borne by the individual who failed to comply with the time limit of the means of transportation within the customs territory;
152) to stop traffic and verify the right of the driver of the automobile with the registration number plate from one of the administrative-territorial units from the left bank of Nistru River and Bender municipality or the right of the driver of the means of transportation with the registration number plate from a foreign State to circulate on the public roads of the Republic of Moldova ".
Art. IX.-by way of derogation from the provisions of the fiscal code no. 1163-XIII of 24 April 1997, of the customs code of the Republic of Moldova nr. 1149-XIV of July 20, 2000 and law No. 1569-XV of 20 December 2002 on the way of introduction and withdrawal of goods from the territory of the Republic of Moldova by individuals:

1. during the period from 1 January 2017 until 1 April 2017, physical persons-residents who have entered the territory of the Republic of Moldova until November 1, 2016 means of transportation are classified in heading 8703, regardless of the term of exploitation, which were declared by action in accordance with article 1841 from customs code of the Republic of Moldova nr. 1149-XIV of 20 July 2000 and article 10 (3) of law No. 1569-XV of 20 December 2002 on the way of introduction and withdrawal of goods from the territory of the Republic of Moldova by individuals, and individuals who have held until November 1, 2016 in possession or in use means of transportation are classified in heading 8703, regardless of the term of operation, with the registration number plates from the territorial administrative units of Transnistria and Bender are entitled to place them under customs regime of import excise payment in the amount of 30% of the share of excise duty laid down for the year 2016, with the presentation of the certificate attesting the payment of such items and reinforce progressive access in accordance with the legislation in force. Means of transport operating term greater than 10 years shall be applied in the amount of excise duty share 30% excise tax for the year 2016 for 10 years.
2. the obligation of submission of the certificate attesting the payment of reinforce progressive access does not apply in respect of means of transport with registration number plates from administrative-territorial units from the left bank of Nistru River and municipality Bender.
Art. X.-by way of derogation from the provisions of article 3484 (2) and (4) of the tax code no. 1163-XIII of 24 April 1997, as approved by the points payment of taxes for the use of roads Republic of Moldova by vehicles not registered in the Republic of Moldova, classified under heading 8703, and the trailers attached to them, classified within heading 8716, during finalisation and implementation of the Ministry of transport and road infrastructure of computing mechanism control, collection and reinforce progressive access, but not later than 1 April 2017, it designates when and where a customs body.
Art. XI.-the Government, within a period of up to 1 April 2017, will change and will approve normative acts necessary for the implementation of the provisions of this law.
Art. XII.-(1) this law shall enter into force on January 1, 2017, with the exception of article V, article VI, paragraph 3, and article VIII, which will be implemented on April 1, 2017.
(2) means of transport not registered in the Republic of Moldova, which were introduced into the customs territory of the Republic of Moldova through a Declaration through the action until the entry into force of this law, the term Declaration of action through 180 days commencing from the date of entry into force of this law.