Showing posts with label moldova legislation. Show all posts
Showing posts with label moldova legislation. Show all posts
APROVED
by Decision of the National Bank of Moldova Council of administration
16.12.1999 (OM no.10-11 of 27.01.2000)

1. GENERAL DISPOSITIONS
1.1.Basis. The Regulation on cash checkbook use has been worked out pursuant to Art. 5,11,26,48 of the Law on the National Bank of Moldova no.548-XIII of July 21, 1995.
1.2.Destination. This Regulation determines the compulsory elements and the cash checkbook
use.
1.3.Application. The provisions of this Regulation shall be compulsorily applied:
a) at the issue of cash checkbooks;
b) at the issue by the National Bank of Moldova of cash based on the cash check to its clients;
c) at the issue by banks of cash from the accounts of the holders of bank accounts based on
the check from the cash checkbook.
[p. 1.3 modfiied by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
[p. 1.3 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]
1.4. Terms used:
The check from the cash checkbook (see Attachment 1) represents a payment instrument through which the check issuer instructs the bank to issue a certain amount of cash money to the mandatory indicated in the check or to the issuer himself/herself. The check shall be filled in on a pattern form of primary document with special record regime, maintenance and use, which is a leaf from cash checkbook.
The check issuer is the legal or physical person practicing entrepreneurial activity and issuing
the cash check. Check issuing represents the check filling in by hand and authentification by the issuer.
The mandatory of the issuer is the person authorized by the issuer to present the cash check to the bank and to receive the amount indicated in the check. The person authorized by the issuer must be the issuer’s employee.
Holder of the bank account is the legal or physical person practicing entrepreneurial activity and on whose name the bank account is opened.
Primary distribution of cash checkbooks by the National Bank of Moldova represents the delivery against payment of cash checkbooks to banks upon their request in order to meet the needs of the holder of the bank account.
The National Bank is the only institution of the Republic of Moldova authorized to print and ensure the primary distribution of cash checkbooks to banks.
[p. 1.4 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
[p. 1.4 modified by the Decision of the Council of Administration of the NBM no. 380 din 15.12.2005]

2. PRIMARY DISTRIBUTION OF CASH CHECKBOOKS
BY THE NATIONAL BANK OF MOLDOVA
2.1 The primary distribution of cash checkbooks by the National Bank of Moldova to banks (to be further distributed to the holders of bank accounts opened with the bank) shall be performed upon their request based on a letter bearing the following: the name of the bank, date and registration number, date of cash checkbooks receipt, signatures of persons vested with the right of the first and second signatures and the round stamp of the bank according to the specimens of signatures and the stamp mark.
[p. 2.1 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]
2.1.1. The responsible officer of the accounting department of the National Bank of Moldova, after having verified the veracity and the correctness of the letter, shall conclude the invoice form, according to which the bank shall pay for the requested cash checkbooks. The invoice shall be concluded in two copies and authentified with the signatures of authorized persons and the round stamp of the National Bank of Moldova, applied on the first copy of the invoice. The first copy of the invoice shall be submitted to the bank to pay off the indicated amount.
The second copy and the letter shall be kept with the responsible accountant of the National Bank of Moldova up to the moment the bank pays for the cash checkbooks and on the day of the payment for the cash checkbooks it shall be sewn in the file with the documents of the operational day according to the file classified list.
[p. 2.1.1. modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]
2.1.2 On the day of money means registration on the account of the National Bank of Moldova
the accountant of the National Bank of Moldova shall indicate the payment, the date and the signature
on the letter of the bank as a confirmation of the payment performance and shall subsequently send the
letter to the Treasury and Vault Operations Division.
[p. 2.1.2 modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]
2.2 The cash checkbooks shall be issued based on the letter from the bank to the bank’s authorized person, through the “Authorization” – pattern form M-2, approved by the Joint Order of the Department of Statistics of the Republic of Moldova and the Ministry of Finance of the Republic of Moldova no.24/36 of March 25, 1998.
The authorization must be authenticated by the signatures of the persons vested with the right of first and second signatures and the bank’s round stamp, which shall comply with the specimens as by the List of specimen of signatures and of the round stamp kept with the National Bank of Moldova.
[p. 2.2 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]
2.2.1. Based on the letter of the bank and on the related banking documents received from the NBM responsible accountant, as well as on the authorization presented by the bank’s authorized person, the Treasury and Vault Operations Division shall carry out the following operations:
a) verification of the identity of the bank’s authorized person, indicated on the submitted
authorization containing the data of the identity card;
b) filling in the form “Letter for cash checkbooks provision” (Attachment 3) in two copies, authentified by signatures of the authorized persons of the National Bank of Moldova, indicating the bank’s name and code, the date of provision, name and surname of the bank’s authorized person, series, numbers of cash checkbooks (from no._____ to no._____ ), the number of cash checkbooks in the series, total number of cash checkbooks: the first copy of the “Letter for cash checkbooks provision” shall be sewn in the file with the documents of the day of the Treasury and Vault Operations Division; the second copy shall be handed over to the bank’s authorized person;
c) filling in and issuing of the “Permission of values taking out from the National Bank of
Moldova”.
The bank’s authorized person shall verify the correspondence of data (numbers) of cash checkbook in the presence of the cashier of the National Bank of Moldova and shall, subsequently, sign both copies of the “Letter for cash checkbooks provision”. The cash checkbooks purchased from the National Bank of Moldova shall be reflected in the bank’s bookkeeping on the same operational day and shall be stored within its treasury, pursuant to the provisions set out by the normative acts in force.
[p. 2 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

3. DISTRIBUTION OF CASH CHECKBOOKS
BY COMMERCIAL BANKS
[Title of p.3 in the wording of the Decision of the Council of Administration no.184 of 31.07.2002]
3.1. The distribution of cash checkbooks by banks to the holders of bank accounts shall be carried out based on their request (see Attachment 2).
The territorial treasuries shall get the number of cash checkbooks necessary for the respective public institutions’ service from the bank they are served by based on their request (see Attachment 2).
[p.3.1 modified by the Decision of the Council d Administration of the NBM no.184 of 31.07.2002]
3.2. The cash checkbooks shall be issued by the bank to the holder of the bank account or to the person authorized by him/her based on the request of the cash checkbook receipt (Attachment 2) enclosing the copy of the identity card of the holder of the bank account or of the authorized person.
The request of cash checkbooks receipt shall be worked out in one copy and shall be certified by the signatures of persons vested with the right of the first and second signature and the round stamp of the holder of the bank account in compliance with the specimens from the List of specimen of signatures and of the round stamp kept with the bank.
[p. 3.2 modified by the Decision of the Council of Administration of the NBM no.6 of 16.01.2003]
[p. 3.2 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
[p. 3.2 modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]
3.3. After the request of the holder of the bank account was approved by the manager and the chief-accountant of the bank, the cashier shall hand over the cash checkbooks to the responsible accountant of the bank.
Upon the receipt of cash checkbooks from the cash department, the responsible accountant of the bank shall perform the following:
a) verification of the compliance and the presence of the number of check forms in the checkbook;
b) verification of the sequence of numbers of the check forms from the checkbook;
c) filling in the cover of the cash checkbook (see Attachment 1) under columns “series”, “from no.”, “to no. ”, “account no.” The following data, accordingly: series, number of the first check form from the checkbook, number of the last check form from the checkbook and number of the bank account of the holder of the account opened with the given bank;
d) entering the name of the holder of the bank account, complete legal address according to the list of specimen of signatures and of the round stamp, and in compliance with the registration certificate issued according to the provisions of the laws in force on the front of each check in the top left corner, under the name and the acronym of the National Bank of Moldova within the space marked by two dotted lines, of which the first line lies over the inscription “(name of the check issuer)”;
e) application of the bank’s rectangular stamp on the checkbook cover within the space marked by dotted line, under which the inscription (“space for the stamp of the bank”) is printed and on each separate check within the space marked by dotted line, under which the inscription (“stamp of the bank”) is printed. The rectangular stamp of the bank must contain the following data: name, code and legal address;
f) filling in the account number, fiscal code of the holder of the bank account, as well as the
bank’s code on the front of each check, accordingly, in the top right corner within the spaces marked
by continuous lines, under which the inscriptions “(account no.)”, “(fiscal code)”, “(bank’s code)” are
printed and registering the cash checkbook into the list of specimen of signatures and of the round stamp of the holder of the bank account;
g) handing over the cash checkbooks to the cashier to be issued to the person authorized by the holder of the bank account.
Upon the receipt of the cash checkbooks from the responsible accountant, the cashier shall verify the identity of the holder of the bank account or of the person authorized by the holder of the bank account, to whom the cash checkbooks are issued against the signature on the request and shall
apply own signature on the request form, which, subsequently, is sewn in the file with the cash department’s documents of the operational day.
[paragraph 3 of p.3.3 modifed by the Decision of the Council of Administration of the NBM no.6 of 16.01.2003]
Upon the receipt of the cash checkbooks, the person authorized by the holder of the bank account shall verify the compliance of data (numbers) of cash checkbooks in the presence of the bank’s cashier.
[p. 3.3 in the wording of the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4. REQUIREMENTS RELATED TO THE CASH CHECKBOOK’S CHECK
FILING IN AND USE BY THE ISSUER
[Title of p.4 in the wording of the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.1. The check shall be filled in strictly according to the provisions of this Regulation.
4.2. The check shall be hand-written and signed by the issuer in blue or black ink only. The text
of the check shall not be rectified or erased.
4.3. Upon the check issue it is necessary to strictly observe the sequence of cash checkbook’s
forms.
4.4. The check shall be cut out from the cash checkbook only after issuance.
4.5. The working life of the check is 10 working days. The date of issue shall not be taken into
consideration.
4.6 In case an error was committed upon the check issuance, the check form shall be considered void. The void check form shall be kept in the cash checkbook. The issuer shall write ”Void” corner wise on the void check form, indicating the date and applying the signature.
4.7 In case of a new fiscal code assignment or the round stamp change of the issuer, the cash checkbook shall be returned according to the provisions under p.4.39 of this Regulation and a new cash checkbook shall be issued.
[p. 4.7 modifed by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
[p. 4.7 modifed by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]
[Pts. 4.8, 4.9 are excluded by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.10 The special marking following the inscription “Amount in lei” is meant to filling in the amount in figures. The space for entering the amount in figures is provided with separators of number order and separator for decimal figures. The amount in figures shall be aligned to the right, while the remaining clear space shall be cut up by the issuer with two continuous lines to avoid frauds.
The spaces marked by continuous lines, under which the inscriptions ”(place of issue)”,
“(date)”, ”(month with letters)”, ”(year)” are printed, shall be filled in by the issuer with the place of the check issue, the issue date, month and year.
4.11 The name and the surname of the check issuer’s mandatory shall be entered according to the identity card data in the space marked by a rectangle following the inscription “Pay” on the line under which the inscription “(name, surname of the manadatory)” is printed.
[p. 4.11 completed by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.12 The check issuer shall enter the amount in words starting with a capital letter and aligning to the left of the space followed by the word “lei”, the amount of bani in figures and the word “bani” without being separated in the space marked by a rectangle containing the inscription “amount in words”. The vacant space following the word “bani” shall be cut up with two continuous lines.
4.13 In the space marked by a rectangle containing the inscription “Signatures of the issuer” followed by two continuous lines on which the first and the second signatures of the check issuer or of the fund manager shall be applied according to the list of specimen of signatures and of the round stamp.
4.14 The inscription “Stamp of the issuer” indicates the place of the check issuer’s round stamp application which must correspond to the specimen of the list of specimen of signatures and of the round stamp handed over to the bank. The issuer shall apply the stamp only after having filled in all the check’s elements (on the front and back sides), and verified them and after the check has been signed by the responsible persons.
4.15 The round stamp of the fund manager shall be applied by the fund manager at the issue of the check from the cash checkbook for the cash receipt on the inscription “Stamp of the issuer” and shall correspond to the specimen of the list of specimen of signatures and of the round stamp handed over to the bank. The stamp shall be applied by the fund manager only after all check’s elements have been filled in (on the front and back sides), and verified and after the check has been signed by responsible persons.
C H E C K S T U B :
4.16 The check stub elements shall be filled in at the same time with the check filling in.
4.17 The special marking following the inscription “Amount in lei” shall be filled in with the amount in figures. Separators of number order and a separator for decimal figures are provided for the space assigned for entering the amount in figures. The amount in figures shall be aligned to the right, while the vacant space shall be cut up by the issuer with two continuous lines to avoid frauds.
4.18 The vacant space above the continuous lines, under which the inscriptions “(date)”, ”(month with lettres)”, ”(year)” are printed, shall be filled in by the issuer with the check issue date, month and year.
4.19 The vacant space above the continuous line, under which the inscription “(name and surname)” is printed, shall be filled in by the issuer with the name and the surname of the check issuer’s mandatory according to the identity card data.
[p. 4.19 completed by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.20 The space marked by two continuous lines under the inscription ”Signatures of the issuer” is provided for the first and the second signature according to the list of specimen of signatures and of the round stamp of the issuer.
4.21 Upon the issue of the check from the cash checkbook for the cash receipt by the fund manager, the space marked by two continuous lines under the inscription ”(signatures of the issuer)” is provided for the first and the second signature of the fund manager according to the list of specimen of signatures and of the round stamp handed over to the bank.
4.22 The check issuer’s mandatory shall apply his/her own signature to confirm the receipt of the check from the issuer under the inscription “Signature of the mandatory for the check receipt” in the space marked by one continuous line, under which the inscription “(signature)” is printed.
[p. 4.22 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.23 The issuer’s mandatory shall fill in the space marked by continuous lines, under which the inscriptions “(date)”, ”(month with letters)”, ”(year)” are printed, with the date, the month and the year of the check receipt from the issuer.
C H E C K B A C K :
4.24 The space marked by three continuous lines, with the inscription “(name of the public institution)” under the first line, shall be filled in by public institutions served by territorial treasuries or the fund depositary according to the registration certificate.
4.25 The first and the second signature of authorized persons of the public institution, the fund
depositary, acccording to the list of specimen of signatures and of the round stamp shall be applied in
the space marked by two continuous lines under the inscription “Authorized signatures”.
4.26 The round stamp of the public institution served by the territorial treasury or the fund
depositary shall be applied on the inscdription “Stamp of the public institution“.
4.27 Columns “Symbol” and “Purpose of the payment (for legal persons)/ Units, notes (for
banks)”, Amount (lei), “Art”, “Para” shall be filled in by the issuer according to the provisions of
normative acts in force.
4.28 The space marked by a rectangle with the inscription "Signatures of issuer” shall be filled in with the first and the second signature according to the list of specimen of signatures and of the round stamp of the issuer.
4.29 As a confirmation of cash receipt, following the inscriptuion ”Received the amount indicated on the check”, the mandatory of the issuer shall enter his/her surname and sign above the inscription “Signature”.
4.30 The data of the identity card: type of the identity document, series, number, name of the issuing institution, date, month, year and place of issue are entered by the check issuer into the spaces marked by continuous lines following the inscription “Data related to the identification of the issuer’s mandatory”, after the inscriptions “Presented”, ”Series”, “No.”, “Issued by”, “Place of issue”.
[p.4.30 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.31 The bank’s officer who has verified the check shall apply his/her signature in the space
marked by continuous line following the inscription ”Verified controller” below the inscription
“Disposition of the bank”.
[p. 4.31 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.32 The space marked by three continuous lines following the inscription “To be paid”, under which the inscriptions “(date)”, “(month with letters)”, “(year)” are printed, shall be filled in by the responsible accountant with date, month, year of the check payment. The accountant responsible for the cash check verification shall apply as confirmation his/her signature in the space marked by a continuous line following the inscription “Responsible accountant”.
4.33 The space marked by a continuous line following the inscription “Paid to cashier” shall be
filled in with the signature of the cashier who issued the cash money.
4.34 The back of the check stub marked by a continuous line following the inscription “no.”
from under the inscription “Collection order” shall be filled in with the number of the order of
collection in the issuer’s cash office.
4.35 The space following the inscription “from”, marked by three continuous lines, under which the inscriptions “(date)”, “(month with letters)”, “(year)” are printed, shall be filled in with the date of conclusion of the order of collection in the issuer’s cash office.
4.36 The space marked by a continuous line under the inscription “Chief-accountant” shall be filled in with the signature of the chief-accountant of the check issuer as confrimation of cash receipt in the issuer’s cash office.
4.37 The check issuer is obliged to keep the stubs of used checks, void checks and unused checks according to the provisions of normative acts in force.
[p. 4.37 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]
4.38 In case of closing the bank account or of a receipt of a new cash checkbook, the holder of the bank account must return to the bank the cash checkbook attached to the request on cash checkbook return (Attachment 4), where the numbers of unused (void, blank) checks are indicated. The checkbook shall contain all the stubs of used checks, as well as all unused (void, blank) checks with their stubs.
[p..4.38 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.39 After having verified the veracity and the correctness of the request of the holder of the
bank account conclusion related to the cash checkbook return, the bank’s responsible officer:
a) shall verify the availability of the unused (void, blank) checks, as well as of all the stubs of
used, unused (void, blank) checks, shall collate them with the request data and confirm their compliance by his/her own signature;
b) shall cancel the unused checks from the cash checkbooks cutting out with triangles the places for signatures, after which shall return to the issuer of the check the stubs of used checks, while the cash checkbook with unused checks is sewn in the file with the documents of the day attached to the request;
c) shall enter the date of cash checkbook return and the account closing date into the list of
specimen of signatures and of the round stamp.
[p. 4.39 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
4.40. In case of check loss from the cash checkbook, the issuer (the issuer’s mandatory) must immediately notify the paying bank, indicating the check’s number, series and the issue date of the check or of the cash checkbook.
Based on the information received, the paying bank shall stop the issue of cash from the account of the issuer. The lost cash check shall be registered into a special register.
[p.4.40 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.200]
[p. 4.40 modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]

5. ISSUANCE OF CASH BASED ON THE CASH CHECK
FROM THE BANK ACCOUNT OF CHECK ISSUER
[Title of p.5 in the wording of the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]
5.1. The primary conditions of check examining and receiving for execution by the bank are as follows:
a) the existence of sufficient available money means on the account of the check issuer for the issuance of the cash amount;
b) the check effective validity term;
c) the availability of the payment document related to mandatory payments transfer as in accordance with the provisions of the normative acts in force.
d) the availability of the identity card and of the copy of the identity card of the issuer’s mandatory or of the issuer (in case the cash is issued to the issuer himself/herself);
[p. 5.1 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]
[pct. 5.1 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]
5.2. If the primary conditions are met, the bank officer shall verify:
a) the check safety features;
b) the correctness of the check conclusion according to the provisions of this Regulation;
c) the legality of cash destination requested as in accordance with the normative acts in force;
d) the correspondence of the amount written in words with the amount in figures;
e) the identity of the issuer’s signatures and of the round stamp, and, in case of investment funds
and depositary, with those from the list of specimen of signatures and of the round stamp kept with the
bank;
f) the correspondence of data related to the identity of the issuer’s mandatory or of the issuer (in,.case the cash is issued to the issuer himself/herself) indicated on the check with data of the identity card and shall apply as confirmation his/her signature on the copy of the identity card in the presence of the mandatory or of the issuer;
[p. 5.2 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]
[p. 5.2 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]
[p. 5.2 completed by the Decsion of the Council of Administration of the NBM no. 380 of 15.12.2005]
5.3 Afterf having verified the data, the bank officer:
a) shall apply the signature on the line following the inscription "Verified Controller";
b) shall register the check in the cash expense register, which is verified at the end of the
operational day in common with the cashier responsible of cash issuance;
c) shall pass the check and the copy of the identity card of the issuer’s mandatory or of the issuer himself/herself (in case the cash is issued to the issuer) to be verified by the responsible officer with the right of signature for the cash issuance;
[p. 5.3 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]
[p.5.3 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]
5.4 The officer with the right of signature:
a) shall verify the correctness of the check filling in according to the provisions of this
Regulation, the correspondence of the copy of the identity card to the original, as well as the registration of the check into the cash expense register;
b) shall verify the legality of the cash destination requested according to the normative acts in force, and indicate the data of check payment;
c) shall apply the signature on the line following the inscription "Responsible accountant";
d) shall pass internally the check and the copy of the identity card of the issuer’s mandatory or of
the issuer (in case the cash is issued to the issuer himself/herself) to the payment vault.
[p. 5.4 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]
[p. 5.4 modified by the Decsion of the Council of Administration of the NBM no. 380 of 15.12.2005]
5.5 The issuance of cash by the bank to the holders of bank accounts shall be carried out as in accordance with the provisions under p.5 of this Regulation and of the Regulation on cash operations within the banks of the Republic of Moldova, approved by the Decision of CA of NBM no.47 of February 25, 2000, with further modifications and completions, the Instruction on the way of conclusion of the Statistic Report on the volume of cash operations at the financial institutions of the Republic of Moldova, form no.01006/1, no.44, approved by the Decision of CA of NBM no. 31 of August 26, 1997 and other normative acts in force.
[p. 5.5 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]
[p. 5.5 modified by the Decsion of the Council of Administration of the NBM no. 380 of 15.12.2005]
6. FINAL DISPOSITIONS
6.1 This Regulation enters into force on March 1, 2000.
6.2 Starting with the day of this Regulation enforcement the use of cash checkbooks of the USSR state bank shall be banned.
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Order of the Government of the Republic of Moldova from August 7, 2013 of No. 574

About the private and state partnership for services of the dialysis

Based on Items and), b) and e) Articles 11 of the Law No. 179-XVI from July 10, 2008 about the private and state partnership (The official monitor of the Republic of Moldova, 2008, No.165-166, Art. 605), with subsequent changes and amendments, the Law No. 411-XIII from March 28, 1995 about health protection (The official monitor of the Republic of Moldova, 1995, No. 34, Art. 373), with subsequent changes and amendments, and according to the Order of the Government No. 424 from June 6, 2012. "About approval of services of the dialysis for the private and state partnership" (The official monitor of the Republic of Moldova, 2012, No. 126-129, Art. 462) the Government decides:


  1. To offer for the private and state partnership of service of the dialysis, provided by dialysis divisions (centers) in public medico-sanitary organizations.
  2. To approve the purposes and conditions of the private and state partnership for services of the dialysis, and also general requirements to selection of the private partner it (is applied).
  3. To the Ministry of Health in coordination with bodies of local public authority to provide proper carrying out procedure of the choice of the private partner in compliance with Regulations on standard procedures and general terms of selection of the private partner, the approved Order of the Government No. 476 from July 4 2012г., to conclude the agreement on the private and state partnership, and also to perform monitoring of its implementation.
  4. The national company of medical insurance annually to conclude the service provision agreement of the dialysis within compulsory medical insurance.
  5. To recommend to Kishineu's Local government board, Local government board of Belts, People's assembly of Gagauzia and regional councils Kakhul, Ungen, Edinets, Droky, Forty and Keushen to consider feasibility of decision making about participation in the project of the private and state partnership for services in the dialysis in the corresponding administrative and territorial units.
  6. Control over the implementation of this resolution to assign to the Ministry of Health, the Ministry of Economics within official competences.

Prime Minister
Yury Lyanke
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PREAMBLE 

THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States’,
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’ and THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ‘the EURATOM’
on the one part, and
THE REPUBLIC OF MOLDOVA
on the other part,
Hereafter jointly referred to as ‘the Parties’
  • CONSIDERING the common values and strong links of the Parties, established in the past through the Partnership and Cooperation Agreement and being developed within the framework of the European Neighbourhood Policy and the Eastern Partnership, and recognizing the common desire of the Parties further to develop, strengthen and extend their relations; 
  • ACKNOWLEDGING the European aspirations and the European choice of the Republic of Moldova; 
  • RECOGNISING that the common values on which the European Union is built – namely democracy, respect for human rights and fundamental freedoms, and the rule of law – lie also at the heart of political association and economic integration as envisaged in this Agreement; 
  • TAKING into account that this Agreement will not prejudice and leaves open the way for future progressive developments in EU-Republic of Moldova relations; 
  • ACKNOWLEDGING that the Republic of Moldova as a European country, shares a common history and common values with the Member States of the European Union, and is committed to implementing and promoting those values; which for the Republic of Moldova inspire its European choice; 
  • RECOGNISING the importance of the joint EU-Moldova ENP Action Plan of February 2005 in strengthening EU-Republic of Moldova relations and in helping to move the reform and approximation process in the Republic of Moldova forward, thus contributing to gradual economic integration and deepening of political association; 
  • COMMITTED to strengthening respect for fundamental freedoms, human rights, including the rights of persons belonging to minorities, democratic principles, the rule of law, and good governance; 
  • RECALLING in particular their will to promote human rights, democracy and the rule of law, including by cooperating to that end within the framework of the Council of Europe; 
  • WILLING to contribute to the political and socio-economic development of the Republic of Moldova, through wide-ranging cooperation in a broad spectrum of areas of common interest, including in the field of good governance, justice, freedom and security, trade integration and enhanced economic cooperation, employment and social policy, financial management, public administration and civil service reform, civil society participation, institution building and the reduction of poverty and sustainable development; 
  • COMMITTED to all the principles and provisions of the UN Charter, the Organisation for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, the concluding documents of the Madrid and Vienna Conferences of 1991 and 1992 respectively, and the Charter of Paris for a New Europe of 1990, as well as the United Nations Universal Declaration of Human Rights of 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950; 
  • RECALLING their will to promote international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating to that end within the framework of the United Nations (UN) and the Organisation for Security and Cooperation in Europe (OSCE); 
  • RECOGNISING the importance of the active participation of the Republic of Moldova in regional cooperation formats; 
  • DESIROUS to further develop regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the Common Foreign and Security Policy (CFSP) of the European Union, including the Common Security and Defence Policy (CSDP); 
  • TAKING ACCOUNT of the European Union’s willingness to support the international effort to strengthen the sovereignty and territorial integrity of the Republic of Moldova and to contribute to the reintegration of the country; 
  • RECOGNISING the importance of the commitment of the Republic of Moldova to a viable settlement to the Transnistrian conflict, and the EU's commitment to supporting post-conflict rehabilitation; 
  • COMMITTED to preventing and combating all forms of organised crime, trafficking in human beings and corruption, and to stepping up cooperation in the fight against terrorism; 
  • COMMITTED to deepening their dialogue and cooperation on mobility, migration, asylum and border management in the spirit of the EU external migration policy framework aiming at cooperation on legal migration, including circular migration and tackling illegal migration, as well as ensuring the efficient implementation of the readmission agreement; 
  • RECOGNISING the gradual steps being taken towards a visa-free regime for the citizens of the Republic of Moldova in due course, provided that the conditions for well-managed and secure mobility are in place; 
  • – CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title V of the Treaty on the Functioning of the European Union (TFEU) bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified the Republic of Moldova that the United Kingdom or Ireland is bound as part of the European Union in accordance with Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No. 21 the European Union together with the United Kingdom and/or Ireland shall immediately inform the Republic of Moldova of any change in their position, in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark, in accordance with the Protocol No. 22 on the position of Denmark annexed to the Treaties; 
  • COMMITTED to the principles of free market economy and confirming the readiness of the European Union to contribute to the economic reforms in the Republic of Moldova; 
  • COMMITTED to respecting environmental needs, including trans-boundary cooperation on, and implementation of, multilateral international agreements; and to respecting the principles of sustainable development; 
  • DESIROUS to achieving gradual economic integration in the EU Internal Market as stipulated in this Agreement, inter alia through a Deep and Comprehensive Free Trade Area (DCFTA), as an integral part of this Agreement; 
  • WILLING to create a Deep and Comprehensive Free Trade Area, which will provide for far-reaching regulatory approximation and market access liberalisation, in compliance with the rights and obligations arising out of the World Trade Organisation (WTO) membership of the Parties; and to the transparent application of those rights and obligations; 
  • BELIEVING that this Agreement will create a new climate for economic relations between the Parties and above all for the development of trade and investment, and will stimulate competition, which are factors crucial to economic restructuring and modernisation; 
  • COMMITTED to enhancing the security of energy supply, facilitating the development of appropriate infrastructure, increasing market integration and regulatory approximation towards key elements of the EU acquis, and promoting energy efficiency and the use of renewable energy sources; 
  • ACKNOWLEDGING the need for enhanced energy cooperation, and the commitment of the Parties to implement the Energy Community Treaty; 
  • WILLING to improve the level of public health safety and protection of human health as a precondition for sustainable development and economic growth; 
  • COMMITTED to enhancing people-to-people contacts, including through cooperation and exchanges in the fields of research and development, education and culture; 
  • COMMITTED to promoting cross-border and inter-regional cooperation, in the spirit of good neighbourly relations; 
  • RECOGNISING the commitment of the Republic of Moldova to progressively approximating its legislation in the relevant sectors with that of the European Union, and to implementing it effectively; 
  • RECOGNISING the commitment of the Republic of Moldova to developing its administrative and institutional infrastructure to the extent necessary to enforce this Agreement; 
  • TAKING account of the willingness of the European Union to provide support for the implementation of reforms, and to use all available instruments of cooperation and technical, financial and economic assistance in this endeavour; 
HAVE AGREED AS FOLLOWS: 

29.11.2013
The full text of the article can be found here:
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According to Appendix No.1 to Requirements for the assurance of  personal data security at their processing within the information  systems of personal data the personal data categories are the following: 

Personal data which directly or indirectly identify a natural person, in particular, by  reference to an identification number (personal code), to one or more specific elements  of his physical, physiological, psychological, economic, cultural or social identity fall  into two categories: common and special. 

Special category of personal data is the information revealing racial or ethnic origin,  political or religious believes, personal data concerning health or sexual life, as well as   data relating to criminal conviction of a physic person.

Common category is the information that reveals: 
1) name and surname; 
2) gender; 
3) date and place of birth; 
4) citizenship; 
5) IDNP; 
6) image; 
7) voice; 
8) family situation; 
9) military situation; 
10) geographic location data/ traffic data; 
11) nickname/alias; 
12) family members’ personal data; 
13) driving license data; 
14) data from matriculation certificate; 
15) economic and financial situation; 
16) data of owned assets; 
17) banking data; 
18) signature; 
19) civil status data; 20) pension file number; 
21) social security number (CPAS); 
22) medical insurance code (CPAM); 
23) phone/fax number; 
24) cell phone number; 
25) address (domicile/residence); 
26) e-mail address; 
27) genetic data; 
28) biometric and anthropometric data; 
29) finger print identification data; 
30) profession and/or work place; 
31) professional occupation - diploma - education; 
32) habits/preferences/behaviors; 
33) physical characteristics. 

In cases of common personal data processing, personal data holders will include in  personal data security policy and will implement the requirements set up for the 1st  security level of personal data information systems - (N-1). 

In cases of special category of personal data processing, personal data holders,  additionally to the set requirements for the 1st security level, will include in security  policy of personal data and will implement requirements established for the 2nd security  level of personal data information systems - (N-2). 

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Torture and other ill-treatment

 In spite of changes to the law, impunity for torture and other ill-treatment continued. Of 128 complaints received by the Prosecutor General’s Office in connection with incidents following demonstrations in April 2009, only 43 had reached the courts and only three police officers had been convicted by the end of 2012. In all three cases the officers received suspended sentences.

Parliament passed amendments to the Criminal and Criminal Procedural Codes in November to bring Moldova closer to its obligation to eradicate torture. The maximum sentence for torture was increased from 10 to 15 years, the statute of limitations for torture was abolished, and those convicted of torture were no longer eligible for amnesties or suspended sentences. Other procedural changes required police to record the state of health of detainees upon arrival at the place of detention and provide them with written confirmation of the reasons for the arrest.

On 8 May, the Supreme Court rejected an appeal by Eugen Fedoruc against his detention in Chişinău Psychiatric Hospital, and in July his detention was extended for a further six months. Eugen Fedoruc was first held by the police on 2 April 2011 in connection with a series of murders. He alleged that he was tortured when he was held in Chişinău General Police Directorate from 16 April to 17 June 2011. He said he had been suspended with his hands and legs bound together and given electric shocks to force him to confess. He was then transferred to Chişinău Psychiatric Hospital for 10 days for psychiatric assessment, and remained in detention until December. Eugen Fedoruc had been previously treated as an outpatient for schizophrenia, but his doctor said in June 2012 that he was calm and presented no threat to the public, and that there was no reason for him to be held as an inpatient. The torture allegations were not investigated.

Discrimination

 In May, Parliament passed a Law on Ensuring Equality, due to come into effect on 1 January 2013. However, provisions fell short of international standards by omitting sexual orientation, gender identity and state of health from the list of forbidden grounds of discrimination. Discrimination against some individuals and groups continued.

In February, I.H., a 48-year-old HIV-positive woman, with severe deterioration of a hip joint (osteonecrosis), was refused a hip replacement operation on the grounds that she was HIV-positive. On 21 November 2011, the Deputy Director of the Traumatology and Orthopaedics Hospital in Chişinău told her that such surgery could not be performed on HIV-positive patients. The NGO the Institute for Human Rights and the UN Development Programme human rights representative both intervened, pointing out that hip replacement operations were regularly carried out on HIV-positive patients throughout the world and that such surgery did not result in complications if the immune system before the operation was healthy. The hospital refused to carry out the operation.

In March, in the run-up to the passage of the Law on Ensuring Equality, several local councils across the country adopted discriminatory measures against different groups in their communities. Bans on “aggressive propaganda of non-traditional sexual orientation” targeted LGBTI individuals, and Muslims were discriminated against through bans on public Muslim worship. Only one council repealed its decision upon intervention by the Ombudsperson.

On 12 June, the European Court of Human Rights ruled that the banning of an LGBTI demonstration in May 2005 had violated the right to freedom of assembly as well as the right not to be discriminated against, and ordered the Moldovan government to pay the organizers, GenderDoc-M, €11,000 within three months.

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No. 844 of 26.07.2007
Under the Law No.264-XV of 15 July 2004 on the electronic documents and digital signatures (Monitorul Oficial of the Republic of Moldova, 2004, no.132-137, art.710) and with the purpose to ensure the creation of the integrated system of documents for the public authorities, the Government decides:

  1. The endorsement of the concept of the integrated system of electronic documents 
  2. To appoint the State Enterprise "Center of Special Telecommunications» as an Integrated System Operator of electronic documents within public authorities, and will implement this system to ensure operation, safety, maintenance and modernization of its further.
  3. Establishment of the beneficiary integrated system of electronic documents of the Government's public authorities.
  4. Ministry of Information, together with the Security and Information Service of
  5. Republic of Moldova will ensure the development and implementation of the integrated system of documents electronic public authorities in accordance with the concept adopted; within a month, will develop and submit for approval an action plan on creating integrated system of electronic documents within the public authorities and emergency actions necessary to create a Government Center.
  6. Control over the execution of this decision is the responsibility of the Government.


PRIME MINISTER  - Vasile Talev

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A new ‘anti-propaganda’ law, similar to those recently enacted in Russia, was discussed and adopted away from public scrutiny and entered into force on 12 July. Politicians specifically sought to avoid debating the bill in public.

Moldovan flagMoldova’s Contravention Code now forbids the “distribution of public information [...] aimed at the propagation of prostitution, paedophilia, pornography or of any other relations than those related to marriage or family”.

The Code will punish the above with fines of up to 8,000 Leu (€ 480), and a possible suspension of activities ranging from three months to a year.

Uncharacteristically for Moldova, the bill did not benefit from a public consultation, and civil society wasn’t informed of the discussions.

Similar laws exist in Russia (at the federal level as well as in ten regions), Lithuania, and are debated in Ukraine.

Last month, the European Commission for Democracy through Law explained ‘anti-propaganda laws’ breached the European Convention on Human Rights, which is legally binding on Moldova.

In May 2012, the European Parliament had also specifically told Moldova to back away from adopting such legislation.

Monica Macovei MEP, Co-Chair of the EU-Moldova Parliamentary Cooperation Committee, reacted: “It is unfortunate that Moldova would adopt a law containing homophobic provisions, especially in secret. I hope the Moldovan judiciary will strike it down, in line with Moldova’s international human rights obligations and the EU Charter on Fundamental Rights.”

Marije Cornelissen MEP, Member of the LGBT Intergroup, added: “This isn’t the Moldova I know, which can be tolerant and accepting. Recently the government made progress by annulling similar regional laws in order to comply with human rights standards.”

“I hope this law will be annulled soon as well. If it isn’t, it could cast a long shadow over Moldova’s visa liberalisation proces with the EU.”
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A wide variety of stakeholders and international representatives met in the Republic of Moldova on the 17 June to discuss progress towards the implementation of the WHO Global Code of Practice on the International Recruitment of Health Personnel.

The technical discussion aimed to promote debate on effective policy options to strengthen the national health workforce and health systems and to foster commitment of all national stakeholders to implement the Code in the country. The Global Code aims to strengthen health systems by establishing and promoting voluntary principals and practices for an ethical international recruitment of health personnel.

In his opening speech, Minister of Health Dr Andrei Usatîi said: “As a source country, Moldova has actively participated in all negotiations regarding the development of the principles and objectives of the Code. The Republic of Moldova has been facing a worrying shortage of health professionals in the last few years and this has led to the establishment of the Analysis and Planning Department of Human Resources in Health, in the framework of the National Centre for Health Management. We hope that these actions will improve the management of the mobility of health professionals. Thereafter we hope there will be an impact on those leaving and those returning home, as well as on the development of the health system in our country.”

The discussion reached various conclusions, in particular:
  • Accurate, up to date data is vital;
  • There is a need for more intensive collaborations between various national and international stakeholders;
  • The Code should be promoted by the distribution of materials translated into local language;
  • Continuous capacity building for the Ministry of Health and medical institutions is essential;
  • Bilateral agreements should be signed between Republic of Moldova and the countries the health care workers are going to, concerning recognition of qualifications, technical assistance, circular migration, etc.

Jarno Habicht, WHO Representative to the Republic of Moldova said: ‘’This is a unique opportunity to have a variety of relevant stakeholders all in the same room, including representatives from government ministries, international organizations, civil society organizations, health care managers from different levels, and many others. This gives us an opportunity to have a constructive and transparent dialogue, with a view to future actions where cross-sections working groups would be relied on. This is an opportunity to discuss how to manage migration and turn it into circular mobility of the health professionals returning to benefit Moldova. At the same time we need to recognize various aspects of the dialogue, such as free movement of persons, human rights, well-performing health systems, inequalities and human resources for health.”

Representatives from the Norwegian Directorate for Health, WEMOS Foundation from the Netherlands and an EU-funded project from Italy shared the experiences of those countries in implementing, reporting and monitoring the Code.

The meeting was part of the biennial collaborative agreement (BCA) 2012–2013 between the Ministry of Health of the Republic of Moldova and WHO/Europe. The technical discussion and the ongoing process of strengthening the capacity of the Republic of Moldova to manage the migration of Moldovan health professionals are related to the EU-funded project “Better Managing the Mobility of Health Professionals in the Republic of Moldova”.
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