Kristina Gurulea.
Legal Department director "Ecofin-Audit-Service" Audit Firm, Master in Law.
Legislative news: "Fin-Consultant" Monitoring.
We continue to inform you about the news, amendments and modifications introduced in the legislation of the Republic of Moldova within October 2010.
Entrepreneurship
1. It has been adopted in new edition the Law on internal trade. The given law determines the general principles of unleashing the trade activity within the territory of the Republic of Moldova and regulates the activities within the trade area, determines the core requirements for carrying out these activities, modes of organizing trade, central specialized bodies’ competences and the empowerments of local public authorities in the matter of trade. The law comes into effect on April 22, 2011, except for the articles regulating the duties in the area of trade activity of the National Agency for Consumers’ Protection (article 5, line 3) and the necessity of the trader’s possession of professional skills in the give area (article 13, line 2 and line 6, letter (a)), which will come into effect on January 1, 2012. (Law No. 231 as of September 23, 2010, Official Monitor of the Republic of Moldova No. 206-209 as of October 22, 2010).
2. The Government approved the Regulation on the mode of indicating price the goods offered to consumers through trade. According to the Regulation, in the view of completely, correctly and precisely informing consumers about the price for products and for allowing them easily compare it, vendors are obliged to indicate for certain products offered to consumers for sale the (final price per unit of measure and a certain quantity, including VAT and all additional taxes), as well as sale price per unit of measure (final price, including VAT and all additional taxes, valid for one kilogram, liter, meter, square meter, cubic meter or for a quantitative unit). The stipulations of the Regulations come into effect on January 1, 2011,while for trade units the area of which exceeds 50 square meters – starting with January 1, 2013.
(Government Decision No. 966 as of October 18, 2010, Official Monitor of the Republic of Moldova No. 206-209 as of October 22, 2010).
3. The companies specialized in electronic communications (electronic communication network service provides) shall pay in 2011 the payment for regulation and monitoringon a level of 0.2% of the volume of income come from the activities practiced in the area of electronic communications (which makes up by 0.03% more than the amount of the given payment established for the year 2010). Payments for regulation and monitoring will be transferred to the National Agency for Regulation in Electronic Communications and Information Technology quarterly, until the date of 15 of the immediately following month of the quarter meant. (Decision of the National Agency for Regulation in Electronic Communications and Information Technology No. 31 as of October 22, 2010, Official Monitor of the Republic of Moldova No. 211-212 as of October 29, 2010).
4. There have been introduced amendments and modifications in the Regulation on permission, inspection and realization of means transporting weights and dimensions exceeding the admissible limits,approved by the Government Decision No. 1073 as of October 1, 2007, being expressed in new edition – the admissible limits of weight per axis for transport means carrying out transportations on public roads in the Republic of Moldova. To remind that the Regulation sets out that the circulation on public roads of transport means with weights and/or dimensions exceeding admissible limits is possible only in exceptional cases, for the transportation of indivisible objects, on the basis of spcial authorization for transportation issued by the body empowered by the central public administration in the area of transports and road management. (Government Decision No. 979 as of October 19, 2010, Official Monitor of the Republic of Moldova No. 210 as of October 26, 2010).
5. The National Commission of Financial Market approved the Regulation on the Fund of stabilization of savings and loan associations. The regulation determines the mode of formation, management and use of fund of stabilization of the savings and loan associations and is applicable to the savings and loan associations holding the B and C category licenses. (Decision of the National Commission of Financial Market No. 24/16 as of June 25, 2010, Official Monitor of the Republic of Moldova No. 206-209 as of October 22, 2010).
Tax legislation
1. According to article 97, line 4 of the Tax Code, the taxable value of the taxable trade goods, performed by the taxed subject, can not go lower than the expenses for producing the goods. In the situation when the contributor registered as VAT payer sells goods at a cheaper price than its expenses for producing these goods, he is obliged to pay VAT not from the value of goods sold, but from the value formed of expenses for producing the given goods. By the amendments introduced in the Tax CodeNo. 1163-XIII as of April 24, 1997 (republished in the Official Monitor of the Republic of Moldova, special edition as of February 8, 2007), an exception on the mentioned rule was established, and namely – it has been counted the raw agricultural production of individual manufacturing, traded by te economic entities which are agricultural producers, against which the rule concerning taxable value of the trade transactions involving taxable goods. (Law No. 233 as of September 24, 2010, Official Monitor of the Republic of Moldova No. 206-209 as of October 22, 2010).
2. In the view of implementing the article 103 (7) from the Tax Code, which determines that VAT is not applied on raw material, on completing items and materials and accessories necessary for the production process, imported by the blinds’ organizations and society enterprises, societies of deaf and societies of deaf, according to the list and mode established by the Government, the Government approved the Regulation on the mode of offering exemption from VAT on the import of raw material, materials, completing material and items and accessories necessary to the individual production process by blind people’s organization and society enterprises, societies of deaf people and societies of disabled people. (Government Decision No. 929 as of October 8, 2010, Official Monitor of the Republic of Moldova No. 200-201 as of October 12, 2010).
3. Starting with November 1, 2010, there have been introduced in circulation new sample applications of primary documents with special regime “Fiscal invoice” and “Fiscal invoice annex”, application form of the Certificate of attribution of series and range of numbers to primary documents with special regime “Fiscal invoice”, printed independently by VAT payers holding a computerized system of primary evidence. Also, it has been published in new edition the Instruction on the mode of completing the sample application of primary document with special regime “Fiscal invoice”. According to the Instruction, the first sample of fiscal invoice (which used to be in the vendor’s archive) will be kept by the purchaser of goods (services), is destined for the registration of goods and, according to stipulations of Tax Code, ensures the right to include into account the VAT from purchases. As a result, the distribution of goods, signature and application of seal to the beneficiary on the provider’s sample is compulsory. Also, it has been determined that in case of distributions taxable with excise-tax and the ones taxed with VAT at reduced share, in column 10.1 it is compulsory to include the information regarding the nomenclature according to the Nomenclature of Goods of the Republic of Moldova approved by the Government Decision No. 1525 as of December 29, 2007. The given order came into force on November 1, 2010. At the same time, it has been allowed to use fiscal invoice samples, valid until the coming into force of the given Order, until the total run-out of stocks kept by tax-payers ad the National Tax Service. (Order of the Ministry of Finance No. 115 as of September 6, 2010, Official Monitor of the Republic of Moldova No. 194-196 as of October 5, 2010).
4. It has been published the Sample Application of primary document with special regime “Act of acquisition of goods”,approved by the Ministry of Finance, as well as the Instruction on the mode of completing it. The sample applications “Act of acquisition of goods”, approved by the Common Order of the National Bureau of Statistics of the Ministry of Finance No. 22/36 as of March 22, 1999, will be used until the run-out of stocks. (Order of the Ministry of Finance No. 130 as of September 30, 2010, Official Monitor of the Republic of Moldova No. 210 as of October 26, 2010).
5. In the view of ensuring the execution of the Agreement “Compact” between the Republic of Moldova and the United States of America, through the Corporation Millenium Challeges, signed at January 22, 2010, on the implementation of the Program of full assistance “Compact”, destined to the of policies and programs that contribute to the progress of the Republic of Moldova in the view of realizing lasting economic growth and reduction of poverty, the Government approved the Regulation on the mode of applying fiscal and customs facilities defined in “Compact” Agreement. The facilities established refer to: exemption from VAT for the distribution of goods (except for petroleum goods), works and services performed by tax-payers, which is a result of their entrepreneurial activity in the Republic of Moldova; exemption from VAT, excise-tax, customs tax customs clearance tax at the import of goods (except for petroleum goods) in the Republic of Moldova; the application and restitution of VAT and excise-tax at the import and/or distribution of petroleum goods realized on the Republic of Moldova; exemption of income tax payment, contributions to social insurance and compulsory medical assistance insurance primes etc. (Government Decision No. 949 as of October 12, 2010, Official Monitor of the Republic of Moldova No. 206-209 as of October 22, 2010).
Labour legislation
1. There have been introduced amendments into the Mode of calculating average salary, approved by Government Decision No. 426 as of April 26, 2004.The amendments aim the mode of calculating average salary which follows to be paid to employees, which are remunerated according to agreement, or on time basis, non-working days, which coincide with the days of weekly pause. Also, it has been specified that the average salary mentioned is not paid to wagers which are remunerated on agreement basis or on time basis who, during a calendar month which contains non-working days, didn’t work as a result of cancellation of individual agreement according to Article 76, article 77 letter (a), (e), article 78 and 80 of the Labour Code or were on additional education holiday, or on unpaid holiday, regardless of its lasting. The average salary paid to remunerated employees on agreement basis or on unit of time basis for non-working holidays which coincide with the days of weekly pause shall not be included at the calculation of average salary. (Government Decision No. 1001 as of October 20, 2010, Official Monitor of the Republic of Moldova No. 211-212 as of October 29, 2010).
2. As a result of the amendment of the Regulation on remuneration of work for certain categories of employees for whom reduced time of working time was established, approved by Government Decision No. 1254 as of November 15, 2004, it has been introduced a provision according to which the reduced working time of 35 hours are established for employees combining education in institutions of higher education and institutions of average specialty. (Government Decision No. 1001 as of October 20, 2010, Official Monitor of the Republic of Moldova No. 211-212 as of October 29, 2010).
Regulations in various fields
1. It has been published, in new edition the Law on author right and related rights.The Law regulates the relations emerging during the creation and exploitation of literary, artistic and scientific works (author rights), of interpretations, phonograms, videogram and broadcasts of broadcasting organizations (related rights), as well as other rights which are recognized in relation with intellectual activity from the literary, artistic or scientific area. The mentioned law will come into effect on February 1, 2011. (Law No. 139 as of July 2, 2010, Official Monitor of the Republic of Moldova No. 191-193 as of October 1, 2010).
2. The Government approved the Regulation on the mode of determining the amount of taxes for the execution of acts of law enforcement officers and expenses for executing procedures. The amount of taxes for executing the acts of law enforcement officer and the expenses for executing procedures, starting with 2012, will be adjusted annually, until February 15, to the inflation rate index of the previous year. (Government Decision No. 886 as of September 23, 2010, Official Monitor of the Republic of Moldova No. 191-193 as of October 1, 2010).
3. Also, it has been approved the Regulation on the issuing social guarantees to permanent donators of blood and/or sanguine components. (Government Decision No. 970 as of October 18, 2010, Official Monitor of the Republic of Moldova No. 206-209 as of October 22, 2010).
4. In the view of classifying uniformly the same sort of goods, and for making the control of goods crossing the border of the Republic of Moldova more efficient and for identifying them in accordance with the Nomenclature of Goods, the Customs Service approved the Methodological norms regarding the classification of pharmaceutical products, based on medicinal plants. (Order of the Customs Service No. 357-O as of October 1, 2010, Official Monitor of the Republic of Moldova No. 200-201 as of October 12, 2010).
5. The National Energy Regulatory Agency approved the Regulation on the mdoe of measuring natural gases for trade purposes.The Regulation defines the conditions within which the measuring is made, at distribution measure places of products made of natural gases, imported, exported, in transition, transported, distributed, supplied, consumed and defines the categories of gas measuring systems. The provisions of the Regulation are applied on relations with legal entities, where producers, transport network operator, distribution network operators, supplies and consumers participate in, including at the issuance of notifications of connection to natural gas network, mounting and exploitation of measuring equipment. (Decision of the National Energy Regulatory Agency No. 385 as of August 12, 2010, Official Monitor of the Republic of Moldova No. 211-212 as of October 29, 2010).








President of Association of Auditors and Management Consultants from the Republic of Moldova, General Director of audit company „Ecofin-Audit-Service” SRL, editor in chief of "Fin-Consultant" magazine, economist, Mr. Ion Prisacaru has signed a new original book, which has recently appeared at the publishing house ”Gunivas” – “Return to roots”.
In March 2012, Audit firm „Ecofin-Audit-Service” SRL, became partner – member, of international network Crowe Horwath International.
On 02.02.2012, during the award ceremony for “Brand of the year - 2011” contest, Ecofin-Audit-Service Ltd was awarded the “Mercuriul de aur (Golden Mercury)” Grand Prix for the “Financial Institutions, Products and Services” category, Socially Responsible Brand Nomination. 
