Law On Central Government Specialist

Chapter I - General Dispositions

Article 1. Object and purpose of law
    (1) This Act establishes the institutional system of central government and general arrangements governing its operations, basic principles of organization and functioning of central government and legal relations arising from the work of ministries and State Chancellery other central administrative authorities.
    (2) The purpose of this Law is to ensure a democratic, legal, efficient and transparent organization and functioning of central government.

    Article 2. Scope
    (1) Under the present law are ministries, State Chancellery, other central administrative authorities subordinate to the Government and organizational structures of their remit (subordinate administrative authorities, public services decentralized and subordinated and public institutions in the ministry , Office of State and other central administrative authority has as founders).
    (2) The provisions of this Law shall apply to autonomous government authorities to the extent that they are not regulated and not inconsistent with the special laws governing the respective authorities.

    Article 3. Government units central
    Specialized central public administration is organized in a single system or a ministry or other central administrative authority, or organizational structure of their remit can not be outside that system.

    Article 4. Basic principles of organization and functioning of the central public administration
    Specialized central government operates the following principles:
    1) Organizational:
    a) institutional hierarchy;
    b) delimitation of the development and promotion of policies to implement their functions;
    c) clear assignment of responsibilities and powers, avoiding ambiguity, duplication and overlap;
    d) deconcentration of public services;
    e) simplify and clarify the institutional structure;
    2) operation:
    a) legal;
    b) effectiveness in achieving objectives and tasks set;
    c) management of public property economically efficient use of public funds;
    d) strategic planning;
    e) institutional collaboration;
    f) ensuring public internal financial control;
    g) responsibility for the activity;
    h) streamlining and expeditious procedures and administrative activities;
    i) efficient public service;
    j) ensuring access to information, the publication of a public government data and transparency in decision making.

    Article 5. Applying the principles of administration central public
    Central public administration principles are applied:
    a) the exercise by the Government of the legality and appropriateness of the activities of ministries, other central administrative and organizational structures of their remit;
    b) the review and evaluation by the Government of the quality of public services provided by ministries, other central administrative and organizational structures of their remit;
    c) the exercise by ministries and other central administrative authorities of hierarchical control over the legality and appropriateness of business organizational structures within their jurisdiction and to review and assess the quality of public services that they provide;
    d) the implementation by the competent administrative court in accordance with the law, the judicial control of legality of administrative acts issued by ministries, other central administrative and organizational structures of their remit.

    Article 6. Relations of cooperation under central government and conflict resolution specialist of competence
    (1) Ministries and other central administrative authorities are in a relationship of cooperation in areas of common interest in achieving the mission and purpose of the exercise of their tasks and duties.
    (2) In preparing the draft legislation and regulations, ministries and other central administrative authorities collaborate by creating working groups and / or in the approval procedure and examination of projects in accordance with the law.
    (3) To resolve matters according to their nature and / or assignment under Government, requires close interaction, cooperation between ministries and other central administrative authorities, shall, if necessary, through institutional collaboration agreements.
    (4) Conflicts of competence and misunderstandings in relations between ministries and other central administrative authorities are examined and resolved in the manner set out in Government Regulation.

    Article 7. Collaborative relationship with the local government
    Ministries and other central administrative authorities working with local authorities and their representative associations established in accordance with the law, ensuring consultation and effective involvement of associations to participate in decision making as required by law.

    Article 8. Collaborative relationships with civil society
    Ministries and other central administrative authorities collaborate with civil society, ensuring access to information, publication of a public and transparent government decision-making process, as required by law.

Chapter II - Characteristics of the Organization and Operation of ministries and organizational structure within their jurisdiction. State Chancellery


     Article 9. Ministries

(1) Ministries are central organs of state that carries out government policy in sectors which are entrusted.
    (2) Ministries shall be organized only in subordination to the Government and operates under the Constitution of the Republic of Moldova, the Law. 64-XII of 31 May 1990 on the Government and this law.
    (3) shall be divided between ministries issues related to state policies in different areas, responsibility for which lies with the development and promotion of Government in accordance with the Constitution and laws of the Republic of Moldova, except in areas that are entrusted leaders autonomous administrative authorities established by Parliament.

    Article 10. Method for creating, reorganizing and dissolution of ministries
    (1) Ministries shall be established, reorganized and dissolved the Parliament in accordance with this law and in accordance with Law no. 64-XII of 31 May 1990 on the Government.
    (2) Proposals for the establishment of ministries shall include the legal arguments on their formation, mission, core functions, personnel and structure of ministries and the necessary budgetary allocations to ensure their work.
    (3) Foundation ministries are carried out in accordance with the priority and the primary tasks of government activity, established in its business.
    (4) Proposals for the reorganization or dissolution of ministries should include arguments on the need and opportunity for reorganization or dissolution, and proposals relating to acquisition or transfer their skills.
    (5) Ministry is reorganized by merger (merger and absorption), dismantling (splitting and separation) or transformation in accordance with the law providing for its reorganization.
    (6) fusion ministry to another ministry or another central administrative authority has the effect of termination of the merger participant Ministry full competences and transfer it to that authority is following the merger.
    (7) absorption results in termination of the ministry absorbed and full transfer of its powers to acquiring authority.
    (8) Division of the Ministry has the effect of terminating its existence and its powers transferred to two or more ministries and / or other central administrative authorities that exist or be established.
    (9) Separation ministry has the effect of transferring some of its powers, without his existence to cease, to a ministry or to several ministries and / or other existing central administrative authorities or provided.
    (10) Transformation Ministry has the effect of changing its legal form of organization in other central administrative authority and transfer its powers to the authority.
    (11) Change the name of the ministry does not consider its reorganization.
    (12) Dissolution ministry brings up its liquidation procedure, except in cases of merger and dismantling that have the effect of termination of the ministry, without triggering the liquidation thereof.
    (13) Ministry continues to exist after the dissolution to the extent necessary for its liquidation.
    (14) On the coming into force of the law which provides for the dissolution of the ministry, it can not carry out activities involving the exercise of public power and are exclusively human resource management activities and support activities of secretarial and administration of property located in management.

    Article 11. Minister
    (1) The ministry is exercised by the Minister, that:
    a) determine the objectives and strategic directions of activity of the ministry, from the program of the Government, decide on ways of achieving them;
    b) approve the programs and plans of the ministry, and reports on their implementation;
    c) ensure coordination, supervision and control of government into the business entrusted to carry out the mission and ministry to fulfill its functions;
    d) to organize the financial management and control and internal audit function within the ministry;
    e) exercise the right of making expenditures in accordance with the approved allocations for the ministry in the annual budget law;
    f) participate, with a deliberative vote at meetings of government and voting issues on the agenda of meetings;
    g) decide on the initiation and submit to the Government to review draft laws and normative fields of activity entrusted the ministry;
    h) sets out its opinion on draft laws and regulations issued by other ministries, central and public authorities, and on other issues discussed in the sessions of the Government;
    i) approve opinions on draft laws and regulations that touch on areas of work entrusted to the ministry, developed by other ministries, other central administrative authorities and public authorities, and signing resolutions and ordinances adopted by the Government in cases prescribed by law;
    j) to negotiate and sign international treaties of the Republic of Moldova in accordance with the full powers granted by Law established. 595-XIV of 24 September 1999 on International Treaties of the Republic of Moldova;
    k) issues in order consisting of one person within its jurisdiction;
    l) determines the areas of activity of the deputy minister / deputy ministers;
    m) approve internal regulations of the central divisions of the ministry;
    n) Appoint public officials, amend, suspend and terminate the employment contracts of civil servants from the central, including those with special status under Law no. 158-XVI from July 4, 2008 on public service and civil servant status and, respectively, under special laws;
    a) employ and dismiss personnel under contract labor legislation;
    p) gives the degree of qualification of civil servants, including those with special status, provides incentives and disciplinary sanctions under the law;
    q) has the Government for examination and reorganization proposals for the establishment of organizational structures within the competence of the ministry, within the limits provided in the budget allocations for maintenance of the ministry concerned and proposals for their solution;
    r) appointments to amend, suspend and terminate the employment contracts (labor) and deputy heads of organizational structures within the competence of the ministry, unless it is the responsibility of the Government, under special legislation;
    s) to submit proposals to decorate with state awards to staff from the ministry, under the law;
    t) is the ministry, without a specific mandate in its relations with central and local government authorities, other public authorities, civil society representatives, individuals and legal entities in Moldova and abroad;
    u) approve or amend the State central office personnel within the ministry of labor remuneration fund and of the maximum established by the Government;
    v) exercise other powers as are assigned in accordance with law.
    (2) The appointment, the Minister has powers to obtain membership of the Government and their termination, other issues the minister as a member of government activity are established in the Constitution, the Law no. 64-XII of 31 May 1990 on the Government, the Law no. 199 of 16 July 2010 on the status of high public officials in this law.

    Article 12. Deputy
    (1) In the operation of the ministry, the minister is assisted by one or more deputy ministers who are directly subordinated.
    (2) The number of deputy ministers is established by the Government proposed by the Minister.
    (3) The Deputy Minister is appointed and dismissed by the Government proposed by the Minister, except that deputy ministers are appointed defense and removal from office by the President of Moldova, the Government proposal.
    (4) The Deputy Minister is responsible for the activity established by the Minister and is liable for failure or improper performance of his duties.
    (5) In case of infringement of vice, to sanction his proposal is submitted to the Government by the Minister for consideration and adoption of the decision or, if deputy ministers of defense - President of Moldova.
    (6) The order of the Minister on the establishment of industries, Deputy Minister:
    a) participate in determining the objectives and strategic activity ministry in the areas of responsibility;
    b) coordinate development programs and business plans of the ministry, reports on their implementation on areas of responsibility;
    c) the Minister proposes to initiate draft legislation and regulations in the areas of responsibility;
    d) exercise the powers of the Minister of conducting his ministry in the absence or inability to exercise its powers by the Minister, of which the Prime Minister to notify;
    e) attend meetings of the Government, with an advisory, if delegated by the Minister and in other cases established by law;
    f) indicated by the Minister, representing the ministry in dealing with central and local government authorities and other public authorities, civil society representatives, individuals and legal entities in Moldova and abroad;
    g) exercise other powers delegated by the Minister.

    Article 13. Secretary of State
    (1) Secretary of State is a civil servant for senior managers, appointed in professional in accordance with Law no. 158-XVI from July 4, 2008 on public service and civil servant status.
    (2) Secretary of State provides functional connections between the Ministry and the body of civil servants and of the internal subdivisions of the central ministry.
    (3) Secretary of State:
    a) ensure the development quality of ministry programs and plans;
    b) develop and propose ways to implement the objectives and strategic directions of activity of the ministry;
    c) coordinate subdivisions of the Ministry to achieve the objectives and strategic directions of activity of the ministry;
    d) coordinate organizational structures within the competence of the ministry and provides operational cooperation between the Minister and their leaders;
    e) a link function of the internal subdivisions of the central ministry and organizational structures of responsibility of the ministry;
    f) monitoring and evaluating performance objectives and strategic directions of activity of the ministry, and report on their implementation;
    g) monitors the implementation of laws and regulations that have been initiated by the Ministry;
    h) providing drafting legislation and regulations, is responsible for their quality in terms of compliance with legal requirements for developing, funding, approval, inspection, and completion of their expertise;
    i) ensure coordination of draft laws and regulations that touch on areas of work entrusted to the ministry, developed by other ministries, central and public authorities;
    j) Exercise other powers and responsibilities of service in accordance with the rules of organization and functioning of the ministry or the minister entrusted.

    Article 14. Administrative authorities ministries
    (1) To ensure the implementation of government policy in some sub areas or spheres of activity entrusted to a ministry, under its administrative authority can be created legal form of agencies, government service and state inspectors.
    (2) administrative authorities of ministries are public legal persons.
    (3) The Agency is a separate organizational structure of a ministry administrative system, which is managing the performance of certain sub areas or spheres of activity of the ministry.
    (4) the State Service is a separate administrative system organizational structure of a ministry that is for public services administrative (state registration, the issuance of documents necessary to initiate and / or conduct business in other areas).
    (5) State Inspectorate is a separate organizational structure of a ministry administrative system, which is exclusively for the performance of state supervision and control sub fields or spheres of activity of the ministry.
    (6) The administrative authorities responsible to ministries can be organized as a decentralized public services, has a central body and regional divisions.
    (7) Decision on the establishment, reorganization and dissolution of the administrative authorities of the responsibility of government ministries, the proposal of the Minister, or the competence of Parliament, in the cases expressly established by special legislation.

    Article 15. Peculiarities of organization and operation of administrative authorities of ministries
    (1) mission, core functions, main tasks, the general rights and other issues on the organization of ministries administrative authorities are established in accordance with this Law, other laws and regulations, organization and operation regulations approved the Government.
    (2) In matters related to achieving its mission, the administrative authorities of ministries have administrative autonomy, financial and decision, except as provided by law.
    (3) The Minister cancels regulations of administrative authorities of the ministry issued in violation of law or inappropriate reasons.
    (4) The Government shall determine the classification of public services provided to individuals and state legal services subordinate to ministries, the fees paid for services rendered and how and directions for use of special means after their kind, unless it takes the competence of Parliament, in accordance with Law no. 160 of 22 July 2011 regulating the licensing of business activity.
    (5) administrative authority of the ministry is headed by the Director, Public appointed and dismissed or removed from public office under the law, the Minister, unless otherwise determined by special legislation.
    (6) Director of ministry administrative authority:
    a) exercise the administrative authority;
    b) coordinates and controls the activity of subdivisions of administrative authority for their creation
    c) is liable, the minister for the task and fulfill the functions of administrative authority;
    d) to organize the financial management and control and internal audit function in the administrative authority;
    e) establishes the responsibilities of Deputy Director / Deputy Directors of administrative authority;
    f) sign the documents on matters within the competence of administrative authority;
    g) to confer degrees of qualification of civil servants, provide incentives and apply disciplinary staff administrative authority under the law;
    h) perform other duties appropriate to the functions assigned to the administrative authority, in accordance with special legislation governing relations in the sub-fields or spheres of activity entrusted to it.
    (7) The administrative authority of the ministry director is assisted by one or more deputies, whose number is determined by the Government, proposed by the Minister.
    (8) The Deputy Director is appointed and dismissed public or government dismissed by the minister, at the proposal of administrative authority, unless otherwise determined by special legislation.

    Article 16. State Chancellery
    (1) State Chancellery organizes the work of the Government and is headed by Secretary General of Government who reports directly to Prime Minister.
    (2) The Secretary General of Government has similar status to that of the Minister and is assisted by one or more deputy secretary general, appointed and dismissed by the Government, the Prime Minister's proposal.
    (3) State Chancellery:
    a) provide organizational assistance to government activity, particularly by organizing meetings of government conduct, providing training materials for the Government meeting in accordance with law, perform secretarial work of the Government;
    b) provide the strategic planning process of the Government in accordance with program priorities of the Government and national development strategies;
    c) coordinating public policy planning and development policy documents, background checks and disclosure compliance policy documents developed, monitor their implementation by ministries and other central administrative authorities;
    d) develop, coordinate and monitor policies within local and central public administration reform;
    e) coordinate the management of public service and civil servants and provide evidence of the national civil service and civil servants;
    f) coordinate and provide planning, monitoring, management and evaluation of external assistance provided by international organizations and donor countries, including projects of interest to country;
    g) coordinate and monitor the execution of laws and regulations, the provisions of the Government and the Prime Minister indicated;
    h) inform the public about government activity;
    i) perform functions set and other laws and regulations and the tasks assigned by the Government and the Prime Minister.
    (4) provides the State Chancellery, the device, carrying out procedures for continuity of government documents, being the connecting link and stable government.

Characteristics of the Organization and Operation of the Other Central Administrative Authorities


Article 17.
Other central administrative authorities subordinated to the Government
    (1) To achieve the state policy in a particular field or sphere of activity, not for the direct ministries, and to solve problems in which the powers of ministries overlap or complement, according to this law and accordance with Law no. 64-XII of 31 May 1990 on the Government, under the Government can be created and other central administrative authorities.
    (2) Other administrative authorities operate on the principle of unified leadership exercised by their CEOs, who are appointed and dismissed by the Government or, in cases expressly provided by special legislation, the President of the Republic of Moldova on the proposal government.
    (3) other central administrative activity is coordinated and controlled by the government through Deputy Prime Minister or one of the deputy prime ministers appointed by the Government.

    Article 18. Method for creating, reorganizing and other administrative dissolution central
    (1) other central administrative authorities subordinate to the Government are established, reorganized and dissolved the Parliament, at the Prime Minister, in accordance with this law, Law no. 64-XII of 31 May 1990 on the Government and international treaties of the Republic of Moldova.
    (2) If the establishment, reorganization and dissolution of other central administrative authorities apply the provisions of art. Article 10. (2) - (14).

    Article 19. Director General of other authorities central administrative
    Director General of other central administrative authorities:
    a) provide the central coordination and supervision of other central administrative authority, organizational structures and monitoring activities under the care of it;
    b) to organize the financial management and control and internal audit function in other central administrative authority;
    c) exercise the right of making expenditures in accordance with the approved allocations for other central administrative authority in the annual budget law;
    d) provide for coordination Deputy Prime Minister or Deputy Minister designated:
    - The annual work plan and other central administrative authorities for approval, measures to implement the strategic directions of its activity;
    - Draft laws and regulations whose author is another central administrative authority, which shall be submitted, as required, to the Government;
    - Draft of the regulations of other central administrative authorities;
    - Proposals for the establishment and reorganization of organizational structures within the competence of other central administrative authorities, within the limits provided in the budget allocations for maintenance of that authority and to dissolve their proposals to be submitted, as required, to the Government;
    e) negotiate and sign international treaties of the Republic of Moldova in accordance with the full powers granted as set forth in Law no. 595-XIV of 24 September 1999 on International Treaties of the Republic of Moldova;
    f) establish the duties and responsibilities of deputy / assistant general managers, submit Deputy Prime Minister or Deputy Minister appointed proposals for disciplinary action against them to be presented, as required, to the Government;
    g) Appoint public officials, amend, suspend and terminate the employment contracts of public servants, including those with special status under Law no. 158-XVI from July 4, 2008 on public service and civil servant status and, respectively, of special laws;
    h) employ and dismiss personnel under contract labor legislation;
    i) the qualification degree of public servants, including those with special status, provides incentives and disciplinary sanctions according to law;
    j) provide for coordination Deputy Prime Minister or Deputy Minister appointed proposals on the structure of other central administrative authorities to be presented later to the Government;
    k) appointments to amend, suspend and terminate the employment contracts (labor) and deputy heads of organizational structures subordinated to other central administrative authorities unless it is the responsibility of the Government, under special laws;
    l) submit proposals to decorate with state awards to personnel of other central administrative authorities under the law;
    m) is, without a specific mandate, other central administrative authority in relations with central and local government authorities, other public authorities, civil society representatives, individuals and legal entities in Moldova and abroad;
    n) sign, within its competence, order and other documents provided by law, issued by other central administrative authority;
    a) approve or amend the rule of the central staff of other central administrative authorities within the limits of labor remuneration fund and of the maximum established by the Government;
    p) exercise other powers assigned in accordance with the law.

    Article 20. Deputy general manager of another central administrative
    (1) The Director General of other central administrative authorities is assisted by one or more deputies, whose number is determined by the Government upon proposal of the Director General of other central administrative authorities, coordinated by Deputy Prime Minister or Deputy Minister designated.
    (2) Deputy Director General of other central administrative authorities is appointed and dismissed public or public dismissed under the law, the Government and reports directly to the Director General.
    (3) Establishing duties Director General and Deputy Directors-General allocation of functions between the order is made under the Director General of other central administrative authorities.
    (4) deputy director-general or deputy general managers of other central administrative authorities, in accordance with the order of establishment / distribution of business:
    a) exercise the powers of the Director General relating to the management of other central administrative authorities for his absence or inability to exercise his powers, a fact which is notify First Deputy Minister or Deputy Minister appointed;
    b) is, generally indicated by the Director, other central administrative authority in relations with central and local government authorities, other public authorities, civil society representatives, individuals and legal entities in Moldova and abroad;
    c) exercise other powers in accordance with powers delegated by the Director General.

    Article 21. Coordination and control of other central administrative authorities by First Deputy Prime Minister and Deputy Prime Ministers
    (1) The other central administrative authorities is coordinated and controlled by First Deputy Prime Minister and Deputy Prime Minister designated by the Government by:
    a) coordination of draft laws and regulations, including policy documents whose author is another central administrative authority prior to their submission to the Government for examination;
    b) exercise control over the activity of other central administrative authorities and the implementation of state policy or sphere of activity entrusted to it.
    (2) to coordinate the activity of other central administrative authorities, Deputy Prime Minister or Deputy Minister designated issue decisions that determine:
    a) main strategic business goals and other central administrative authorities, arising from the tasks defined in the program of the Government and other tasks before the Government made, and actions to control the implementation of state policy it or sphere of activity that is responsible;
    b) list of issues to be reflected in reports of other central administrative authorities to the Government, form and frequency of their presentation.
    (3) In exercising control of the other central administrative authorities, Deputy Prime Minister or Deputy Minister designated:
    a) decisions on inspection activity other central administrative authorities;
    b) instructs the Director General of other central administrative authorities on raising efficiency and authority to ensure fulfillment of resolutions, ordinances and orders of the Government and its business address other problems.

Chapter IV - Provisions Common to the Organization Ministries and Other Work of Central Administrative Authorities


Article 22. The legal framework of activity of the Ministry and other administrative central
    (1) In his work, each ministry or other central administrative authority shall follow the Constitution, the Law no. 64-XII of 31 May 1990 on Government and other relevant laws, Presidential decrees, orders, decisions and orders of the Government and its rules of organization and functioning of Government.
    (2) structure-type regulation on organization and operation of the ministry, other central administrative bodies and administrative authorities of their jurisdiction, shall be approved by the Government.

    Article 23. Legal status of the ministry and other central administrative authorities
    (1) Ministry and other central administrative authority are public legal persons, based in Chisinau, and have the name, seal with coat of arms of Moldova, treasury and bank accounts and other attributes authorities public, established in legislation.
    (2) Ministry and other central administrative authority obtain legal status since entry into force of Government resolutions approving the regulations on organization and operation or the time specified in the regulations concerned.
    (3) Ministry and other central administrative authority lost legal status since entry into force of Government decisions on the repeal Government decisions that have been approved regulations on the organization and operation or the time specified in the regulations concerned.

    Article 24. Mission Ministry and other authorities central administrative
    (1) defines the role of each ministry and mission of each other central administrative authorities in the institutional system of central government and strategic vision on the implementation of state policy in the areas of activity they are responsible.
    (2) Mission shows the main directions and areas of competence of the Government, established by Law no. 64-XII of 31 May 1990 on the Government, which are assigned to a ministry or other central administrative authorities, and the provisions of special legislation governing relations in sectors assigned to them.
    (3) Mission Ministry and other central administrative authorities expressly establishes regulations on the organization and functioning of, respectively, of other central administrative authorities.
    (4) Ministries and other central administrative authorities in charge of local society to achieve those interests which are outside their fields of activity of local authorities, established by Law no. 435-XVI of 28 December 2006 on administrative decentralization.

    Article 25. Basic functions of the ministry and other central administrative authorities
    (1) basic functions of a ministry and other central administrative authorities are administrative activities are carried out regularly, to ensure the full realization of their mission, with a compulsory result of which the beneficiary is a foreign topic for that authority (people corporate and other public authorities).
    (2) In order to achieve its mission, ministry and other central administrative authority may perform, in sectors that are responsible for the following functions:
    a) development of state policy in the areas of competence - development, ensuring the implementation, monitoring and evaluation of public policies and reporting on their implementation and cooperation with other public authorities in matters related to areas that are responsible;
    b) legal government regulation - preparing and submitting to the Minister or Director General to issue departmental documents that establish binding rules of their repeated application to an indeterminate number of cases identical for all legal and natural persons;
    c) supervision and state control - all actions taken by continuous or periodic review of information related to legal and natural persons, without interfering in their work, and, respectively, verifying their compliance with the legal provisions made within and in accordance with law;
    d) provision of public services - legal relationship which manifests itself through interaction ministry or other central administrative authorities, public service and the recipient of such services is exercised by the successive execution of certain actions and / or by adopting certain individual administrative acts ;
    e) management of the competence - the key tool for coordinating and monitoring the activity of organizational structures of responsibility of the ministry or other central administrative authorities of implementing the state policy in certain fields or spheres of activity they are responsible;
    f) General functions - functions typical of any ministry or other central administrative authority, exercise their obligation as provided in special legislation.
    (3) basic functions of each ministry and each other central administrative authorities are established in the regulations on organization and operation, taking into account the provisions of par. (2).

    Article 26. The main tasks of the ministry and of other central administrative authorities
     (1) define the powers exercised by a direct action ministries and other central administrative authority to carry out their basic functions, the concrete results of operations data and indicate their areas of application or the final beneficiaries of the results of those actions.
    (2) To achieve the basic functions of their duties, the Ministry and other central administrative authority:
    a) prepare and submit to the Government to review draft laws and regulations, including draft documents for public policy in areas entrusted to them;
    b) draft texts of international treaties of the Republic of Moldova and interdepartmental treaties concluded with similar bodies in other countries within the competence established by law;
    c) provides that the obligations, rights achievement Moldova Republic resulting from international treaties that have as their object their fields and seek their execution by the other party to the treaty;
    d) maintain relationships with ministries and central administrative authorities of foreign counterparts to perform their functions;
    e) submit budget proposals to the Ministry of Finance;
    f) prepare and submit to the Minister or Director General to issue departmental documents;
    g) supervise and carry out state of the law in their fields;
    h) issue permissive individuals and businesses to practice business activity or other activities provided by law, related to its essential business activity and in accordance with Law no. 160 of 22 July 2011 regulating the licensing of business activity;
    i) carry out or organize the expertise of state;
    j) keep records made pursuant to law;
    k) controls the activity of the decentralized administrative and public services and public institutions subordinated that they have as founders;
    l) exercise, on behalf of the Government and under a Government Decision, the founder of the business functions of state and manages the state stake in joint stock companies set up their areas and monitors their activities in accordance with law ;
    m) control the integrity and efficient use of state assets in their fields;
    n) provides civil administration and civil servants, including those with special status;
    a) consider proposals, requests and petitions individuals and businesses in accordance with law;
    p) exercise other powers to carry legislation, the Presidential decrees, decisions and orders of the Government.
    (3) The main responsibilities of each ministry and each other central administrative authorities are established in the regulations on organization and operation, taking into account the provisions of par. (2).

    Article 27. General rights of the ministry and of other central administrative authorities
    In the exercise of their ministry and other central administrative authority shall have the following general rights:
    a) to request and receive from other ministries, central and public authorities and the local government, information required to perform functions and exercise;
    b) establish advisory councils, special committees, working groups involving representatives of other ministries, other central administrative authorities and public authorities, local authorities, academics, civil society and specialists for drafting legislation and regulations, policy documents, to perform examinations and provide advice and to examine other issues related to their fields;
    c) work with local authorities to implement at local level of government policy in areas entrusted to them and solve common problems;
    d) to convene meetings on issues related to their fields;
    e) carry out, within and in accordance with legal powers, state control of the law in their fields and apply the penalties provided by law in case of violation;
    f) to submit proposals to the Government on the establishment, reorganization or dissolution in their subordinate administrative authorities and decentralized public services, and public institutions that they have as founders, to ensure the implementation and fulfillment of their mission;
    g) to found, to restructure, reorganize and dissolve pursuant to a decision by the Government, state enterprises, companies owned or partly state and holding state law and the function of founder ( co-founder) in their administration;
    h) to delegate, if necessary, in its discretion, some functions or duties of administrative authorities and public services subordinated decentralized and public institutions that they have as founders, if not contrary to law;
    i) to repeal acts contrary to law or administrative authorities, public services subordinated decentralized and public institutions that they have as founders;
    j) to submit, in accordance with law, recourse actions against civil servants and staff who have caused damage to public property and state budget;
    k) to exercise other rights under special legislation governing relations in sectors assigned to them.

    Article 28. Responsibility of Ministers and Directors General other authorities central
    (1) Each minister and director general of other central administrative authorities are obliged to fulfill its mandate in accordance with the Moldovan Constitution and the laws and regulations and in accordance with the program of the Government.
    (2) Ministers in their capacity as members of the Government, are responsible for policy, jointly with other members, to work and acts of the Government to Parliament.
    (3) Ministers are personally responsible to the prime minister for work and ministry that I head for the fields of activity entrusted to it.
    (4) The executive heads of other central administrative authorities are personally responsible for activities that lead authority to the Deputy Prime Minister or Deputy Prime Minister responsible for coordination and control its activity, and together with them to the Prime Minister .
    (5) Ministers and CEOs of other central administrative authorities, the primary enforcement budget has personal responsibility for their use of allowances approved authorities they run and optimal management of public funds.
    (6) In cases provided by law, in addition to personal responsibility, ministers and executive heads of other central administrative disciplinary, civil or criminal, even after their term expires.

    Article 29. The administrative system of the Ministry and other administrative central
    (1) The administrative system of a ministry and other central administrative authorities reflects their mission and determine the scale, volume, complexity and specific features that made the ministry or other central administrative authority.
    (2) The administrative system of a ministry and other central administrative authorities to integrate all their structural subdivisions, including the central ministry or other central administrative and organizational structures of their remit.
    (3) Depending on the nature of duties, some ministries and other central administrative authorities may have subordinated structures abroad, established in accordance with legislation.
    (4) Subsequent changes in the administrative system of a ministry and other central administrative authorities can be made as set forth in their proposal, within budgetary allocations with the corresponding state budget, identifying sources of funds covering necessary for the proposed changes to employment within staff costs approved budget for the corresponding year.

    Article 30. The central ministry and other central administrative
    (1) central unit is all internal divisions of the ministry or other central administrative authorities. Internal divisions may be formed under the ministry or other central administrative authority apart.
    (2) central unit is made for the exercise of ministry or other central administrative authorities related to ensuring organizational activity of the Minister or Director General, the drafting of laws and regulations, including the draft policy documents, for collaboration with other public authorities and government regulation and legal and management their sphere of competence.
    (3) Chart of the Ministry and other central administrative authorities approved by the Government.
    (4) The structure of the central ministry or other central administrative authorities can create services, departments, divisions and general directions without legal personality.
    (5) The services are organized for the performance of homogeneous functions of the central apparatus, which, by virtue of their specificity, require distinct organizational separation of powers does not allow union other internal divisions.
    (6) Sections are organized for the performance of homogeneous functions of the central apparatus for requesting a unified leadership. Department can operate either autonomously or within a department or general directions.
    (7) directions are the main internal subdivisions of the central office of a ministry or other central administrative authorities, organized for the fulfillment of complementary activities. Department can operate either autonomously or in a general way and may include several sections and / or services that require coordination unit.
    (8) General Directorate is an autonomous internal subdivision may be held in the central office of a ministry or other central administrative authorities responsible for complex fields, for carrying out activities that bring together multiple tasks of internal divisions and requires a global coordination. Under general direction can be organized directions, departments or services.
    (9) The Government may establish the obligation to introduce the central office of a ministry or other central administrative authorities of autonomous internal subdivisions (unit of analysis, monitoring and evaluation of public policy, European integration unit, Legal Service, Human Resources, internal audit unit, the unit of information and communication media), which will be directly subordinated to the Minister or Director General. Framework of internal subdivision regulations shall be approved by the Government.
    (10) rules establishing internal subdivisions of the central ministry or other central administrative authorities established by the Government.
    (11) internal subdivisions of the central ministry or other central administrative authorities operate under regulations approved by the head of the ministry or other central administrative authorities concerned.

    Article 31. Public autonomous services / in ministry and other authorities central administrative
    (1) To ensure the performance of its functions and provide public services that people are responsible ministry or other central administrative authority can be decentralized public services it manages directly and decentralized public services which are subordinated in as separate organizational structures.
    (2) The establishment, reorganization or dissolution of decentralized public services, determine the structure and of the maximum within the competence of their government and made the proposal of the Minister or Director General, if special legislation provide otherwise.
    (3) decentralized public services are located within the territorial and administrative units can be grouped area.
    (4) decentralized public services managed directly by ministries and other central administrative authorities are not assigned to a legal person.
    (5) decentralized public services of ministries and other central administrative authorities have legal personality. In cases expressly established by special legislation, have independent legal status of the central and decentralized branches of public services.
    (6) Regulations on organization and operation of decentralized public services approved by the Minister or the Director General, unless it is the responsibility of the Government, under special legislation.
    (7) Regulations on organization and functioning of public services deconcentrated subdivisions approved by the head of deconcentrated public service in question under such a regulation approved by the Minister or the Director General.
    (8) heads of decentralized public services are called in the public and released or removed from public office under the law, the Minister or the Director General. In cases established by law, public appointment and dismissal from the public issue or public service leaders within the competence of decentralized government, proposed by the Minister or Director General.

    Article 32. Public institutions the ministry or other central administrative authority founder acts as
    (1) For carrying out administrative functions, social, cultural, educational and other public functions non-commercial, which is responsible ministry or other central administrative authority, except as normative-legal regulation, surveillance and control State and other functions involving the exercise of public power in their sphere of competence of public institutions can be established.
    (2) public institutions under the care of the ministry or other central administrative authorities are established, reorganized and dissolved by the Government upon the proposal of the ministry or other central administrative authorities or, in cases established by law by President Republic of Moldova, the Minister or Director General.
    (3) Ministry or another central administrative authority in its field of competence is a public institution shall, on behalf of the state function of its founder.
    (4) The Government shall determine the classification of public services provided to individuals and public institutions legal responsibility of the ministries and other central administrative authorities, the fees paid for services rendered and how and directions for use of special means by their types , unless it is the responsibility of Parliament, in accordance with Law no. 160 of 22 July 2011 regulating the licensing of business activity.
    (5) The heads of public institutions under the care of the ministry or other central administrative authorities engage and dismiss, according to the legislative, the Minister or the Director-General, if legislation governing the institutions that do not provide otherwise.

    Article 33. Colleges ministry and other authorities central administrative
    (1) To discuss problems related to work and policies promoted by the ministry or other central administrative authority for implementation of activities and information on their future projects within the ministry or other central administrative authorities can function as advisory bodies, colleagues.
    (2) Decision on the establishment of the college ministry or other central administrative authorities and its nominal numerical and take the Government upon proposal of the Minister or Director General or, in cases provided for by law by the President of the Republic of Moldova or the Minister or the Director-General.
    (3) College ministry or other central administrative authorities have the following composition: Minister (college president), and deputy secretary of state or chief executive (college president) and Assistant Directors General, Chief Cabinet Minister or chief executive councilors, heads of subdivisions internal autonomous of the central ministry or other central administrative authorities and leaders in the field of organizational structures of responsibility.
    (4) The composition of the college ministry or other central administrative authorities can be included representatives of other central public authorities, leaders of the specialty divisions of the Executive Committee of the UTA Gagauzia, the proposal of the Governor U.T.A. Gagauzia, as well as academics and civil society.
    (5) In his work, college ministry or other central administrative authorities shall follow the regulations approved by the Minister or Director General.
    (6) College ministry or other central administrative authorities shall meet whenever necessary, was convened by the minister or director general.
    (7) Solutions identified and recommendations made following discussions within the college ministry or other central administrative authorities must be approved by simple majority vote of Board members present at the meeting and presented the Minister or Director-General for that decision.

    Article 34. Regulations of the ministry and other central administrative authorities
    (1) the purpose of achieving their mission and to fulfill their functions, the Ministry and other central administrative authority shall, by law, normative administrative acts and individual in accordance with relevant administrative procedures.
    (2) normative administrative acts of the ministry or other central administrative authorities are issued for the purpose of implementing legislation, Presidential decrees, resolutions and ordinances.
    (3) Ministries and other central administrative authorities shall publish own normative administrative acts under the law.
    (4) Government is entitled to request the issuing authority to revoke or suspend or repeal the law, regulations of the Ministry and other central administrative authorities do not comply with legislation, Presidential decrees, decisions and orders of the Government or because The inappropriate.
    (5) The administrative acts of the ministry and other central administrative authorities can be challenged by natural and legal persons in the Government or the competent administrative court established by Law no. 793-XIV of 10 February 2000.

Chapter V - Insurance Business Ministries Administrative and Other Central Authorities


Article 35. Funding and technical and material the activities of ministries and other authorities central administrative
     Funding and technical and material support to the activities of ministries and other central administrative authorities from the funds provided in the state budget law for the corresponding year and proceeds from other sources, according to law.

     Article 36. Wage conditions and guarantees social staff within ministries and other authorities central administrative
     Conditions of pay and social benefits of staff in ministries and other central administrative authorities are established by law on public sector pay system and that the salary system for civil servants.

Chapter VI - Final and Transitional Dispositions

     Article 37
     (1) This Law shall enter into force six months after publication.
     (2) Government within six months of publication of this Law:
     a) Submit proposals to bring legislation in line with this law;
     b) bring its legislation in conformity with this law;
     c) Develop and adopt necessary regulations to implement this law.
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