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 July 2010.
Entrepreneurship
1. It has been modified and amended the Government Decision on the measures of coordination and regulation by the state of prices (tariffs) No. 547 as of August 4, 1995. Fresh, refrigerated and congelated fish was excluded from the list of important goods, sold at free prices with the application of limited trade margin. Also, there have been concretized other positions included in the mentioned List. (Government Decision No. 666 as of July 23, 2010, Official Monitor of the Republic of Moldova No. 129-130 as of July 27, 2010).
2. As a result of the completion of the Parliament Decision No. 137-XVIII as of December 29, 2009 on the approval of the mode of using means from the subsidizing fund destined to agricultural manufacturers, it has been determined the possibility to offer subventions, including – for using products phyto-sanitary (pesticides) use and fertilizers (mineral fertilizers). (Parliament Decision No. 172 as of July 9, 2010, Official Monitor of the Republic of Moldova No. 121-123 as of July 16, 2010).
3. The government approved the Regulation on the procedure of submitting, examining and registering geographical indicators, names of origin and origin names and guaranteed traditional lines. The mentioned regulation determined the procedure norms and conditions of submitting the application for registering geographical origin, geographical position or a guaranteed traditional line; mode of completing the application form; conditions due to which individuals and legal can be assimilated to a group; the norms related to the documents submitted; the content of task book; delimitation of geographical area, description of the product and method of its products etc. (Government Decision No. 610 as of July 5, 2010, Official Monitor of the Republic of Moldova No. 119-120 as of July 13, 2010).
4. There has been modified and amended the Law on Free Economic Zones No. 440-XV as of July 27, 2001, thereby being determined that when daily inland goods destined to non-profit purposes are introduced, having the total value indicated in accompanying documentation, which will surpass 300 euros, inclusively, the customs declaration will not be submitted. Also, it has been decided that on the territory of free economic zones transfer transactions among residents can be performed in foreign currency. These and other amendments have been introduced by the Law No. 175 as of July 9, 2010. (Official Monitor of the Republic of Moldova No. 131-134 as July 30, 2010).
5. The National Commission of Financial Market approved the Regulation on the mode of liquidating savings and loan associations. The mentioned regulation sets out the requirements and procedures of formation, administration and use of liquidity funds of licensed savings and loan associations. (The National Commission of Financial Market No. 13/11 as of April 2, 2010, Official Monitor of the Republic of Moldova No. 110-113 as of July 2, 2010).
6. The Ministry of Constructions and Regional Development issued an Order on the observance of quality of works and mounting-works and realization of investments for dwelling blocks construction and buildings destined for social-cultural purposes, through which it has been enumerated the list of works that follow to be executed at dwelling blocks, list of works that need to be included in investment agreements for construction of dwells and dwelling blocks and buildings destined for social-cultural purposes within these blocks. Also, it has been forbidden the exploitation of objects before their final giving-to-exploitation. (Order of the Ministry of Constructions and Regional Development No. 63 as of June 23, 2010, Official Monitor of the Republic of Moldova No. 117-118 as of July 9, 2010).
7. It has been approved the Regulation Technical “Milk and diary products”. This stipulates the essential exigencies for quality, packaging, labeling, transportation and depositing for consumption milk and diary products of both local and import origin. (Government Decision No, 611 as of July 5, 2010, Official Monitor of the Republic of Moldova No. 119-120 as of July 13, 2010).
Tax legislation
1. Reasoning from the fact that cadastral bodies didn’t valuate as a whole the categories of trade and industrial goods, there have been modified and amendment the Law for the application of Title VI from the Tax Code (republished in the Official Monitor of the Republic Moldova, special edition as of February, 2007). Thus, the legislator determined that the real-estate goods that haven’t been valuated by territorial cadastral bodies according to estimation value will be taxed on the basis of stipulations of the mentioned law and not on Tax Code, at the same time being determined the taxation limits. This and other modifications and amendments to the mentioned law are applied since January 1, 2010. (Law No. 128 as of June 18, 2010, Official Monitor of the Republic of Moldova No. 121-123 as of July 16, 2010).
2. In the view of making clearer the mode of completing table 22 in the VAT Declaration, approved through the Order of the National Core Tax Inspectorate “on the approval of Declaration application on VAT application declaration” No. 128 as of 29.06.2006, it has been determined that the mentioned table will be completed only for the tax period for which tax declaration was submitted only for the tax period in which the demand for VAT restitution was submitted, thus indicating the VAT amount requested for restitution and stipulated in the application of restitution. (Order of the National Core Tax Inspectorate Of the Republic of Moldova No. 119-120 as of July 13, 2010).
3. It has been modified the List of unleashing technical assistance project, which come under the incidence of international treaties for the application of exemptions from income taxes, excise-duties, customs taxes, as well as application of zero rate for VAT for the goods and services destined to them, as well as List of Loans and grants, offered by the Government of the Republic of Moldova or offered under state guarantee, at the expense of the loans issued by international financial bodies (including, from the Government’s share), at the expense of grants offered to the institutions financed by the budget, destined to realization of investment assistance projects, at the expense of which the goods (works and services) exempted from customs tax, tax for customs clearance, 0 VAT rate will be bought or imported, approved by Government Decision No. 246 as of April 8, 2010 “on the mode of applying 0 rate for VAT on the trade of goods, services conducted on the territory of the country and of fiscal and customs facility application for unleashing technical assistance and investment projects, which come under the incidence of international treatments to which the Republic of Moldova is a part of”. (Government Decision No. 658 as of July 22, 2010, Official Monitor of the Republic of Moldova No. 129-130 as of July 27, 2010).
4. As a result of modifications of the Title IV of the Tax Code No. 1163-XIII as of April 25, 1997 (republished in the Official Monitor of the Republic of Moldova, special edition as of February 8, 2007), the mode of excise-duty taxation for jewelry and precious items and their parts, made of previous metals or of faced metals or doubled with previous metals, thereby being determined that the excise follows to be paid reasoning from the weight of jewelry and not from its cost. At the same time, in the view of ceasing illegal activity on internal market with the given articles introduced on the territory of the country by individuals, it has been amended article 4 from the Law No. 1054-XIV as of June 16, 2000 for applying Title IV from the Tax Code (republished in the Official Monitor of the Republic of Moldova, special edition as of February 8, 2007). Thus, individuals who give jewelry items for state labeling without justifying documents (copy of customs declaration DV-6 and on TV-14, another payment document confirming the payment of excise-taxes) will be obliged to pay excise-taxes according to the shares stipulated by the legislation, until the presentation of goods for state labeling on the basis of payment check issued by the National Chamber of Supervision on Labeling, where valuation data, share and size of excise duties and banking requisites are registered, including – the account to which transfer follows to be transferred. (Law No. 141 as of July 2, 2010, Official Monitor of the Republic of Moldova No. 131-134 as of July 30, 2010).
Labour legislation
The Ministry of Informational Technologies and Communications, the Federation of Trade Unions in Communications and the Federation of Employers in Communication concluded the Collective Convention on the level of Communication sector for the years 2010-2012. The mentioned convention determines the organization, remuneration and standardization of labour of the employees from communications area, working time and resting time, as well as guarantee of labour force utility. (Registration at the Ministry of Labour, Social Protection and Family as of June 9, 2010, under No. 7, Official Monitor of the Republic of Moldova No. 131-134 as of July 30, 2010).
Banks and banking activity
1. It has been republished the Law on financial institutions No. 550-XIII as of July 1995. (Official Monitor of the Republic of Moldova No. 110-113 as of July 2, 2010).
2. It has been modified and amended the Law No. 62-XVI as of March 21, 2008, on currency regulation, thereby establishing the right of making on the territory of the country payments and transfers in foreign currency among residents, for leasing operations where one of the parties is a legal person exercising the activity of insurance, leasing, micro-finance, for transactions related to its activity. Also, rights of the banks licensed to issue credit in foreign currency to the advantage of resident legal entities conducting export of goods (including, leasing objects) and services for money in foreign currency; to the benefit of legal entities conducting insurance, leasing, micro-finance activity. (Law No. 116 as of June 17, 2010, Official Monitor of the Republic of Moldova No. 124-125 as of July 20, 2010).
Regulations in various fields
1. It has been adopted and published the Law on free manifestation. The mentioned law aims guaranteeing the exercising of the right to freely express, as well as establish a balance between the assurance of the right of free manifestation and defense of honour, dignity, professional reputation and private life and person’s family. The Law regulates the procedure of examination of causes regarding defaming, limits measure of of action insurance which can be applied in these cases, specifies the task of each parties’ probation, explains the mode of publishing of invalidation and reply, mode of valuating moral damage caused by defaming etc. Also, the law regulates the procedure of examination of causes on the defense of private life and family. (Law No. 64 as of April 23, 2010, Official Monitor of the Republic of Moldova No. 117-118 as of July 9, 2010).
2. It has been published the Law on Law Enforcement Officers. The given law determines the status, taks and responsibilities of law enforcement officers, mode of professional organization and administration, their relations with public authorities, with public and private organizations. Through the mentioned law, it has been reformed the system of executionof legal decision by liberalizing the profession of law enforcement officer and institution of a system of private law enforcement officers. Also, just like in present, law enforcement officers are persons performing public activity, being empowered by the state with the rights to execute legal decisions. Despite the fact that the activity of law enforcement officer is a licensed one, it won’t be considered an entrepreneurial activity. As against the mode of organizing presently the activity of law enforcement officers, who activate within the existing execution offices in every circumscription of degrees of jurisdiction, private law enforcement officers will carry out their activity within an office where they would be able to act only within the territorial circumscription the office is located in. (Law No. 113 as of June 17, 2010, Official Monitor of the Republic of Moldova No. 126-128 as of July 23, 2010).
3. It has been amended and completed the Law on public associations No. 837-XIII as of May 17, 1996. The amendments concerning the status of public utility of public associations: conditions for conferring the status of public utility, structure and duties of the certifying commission, procedure of examination of demands regarding the attribution of status of public utility, withdrawal of certificate, control of public association’s conforming to the status of public utility etc. We are emphasizing that the certificate of public utility feeds the theme of exempting the public association of taxes and other payment duties, as well as for offering the support from state, for offering tax facilities in accordance with the legal and normative acts in force. (Law No. 111 as of June 4, 2010, Official Monitor of the Republic of Moldova No. 131-134 as of July 30, 2010).
4. The legislation allows to adjust the value of public acquisition agreements, concluded on one year or so, according to the procedure determined by the Government. In connection with the above-mentioned, the Government approved the Regulation on periodical adjustment of value of public acquisition agreements with further execution, concluded for one year or so, which aim to establish and apply a unique transparent and efficient method for adjusting the mentioned agreements. (Government Decision No. 640 as of July 19, 2010, Official Monitor of the Republic of Moldova No. 129-130 as of July 27, 2010).
5. It has been modified article 4 from the Law on the normative price and mode of selling-buying land No. 1308-XIII as of July 25, 1997. The amendments refer to the fixation of sales price of an area under private property, which can not be formed as an independent real-estate object. Consequently, the legal power decided that the area, according to position parameters, ca not be formed as an independent real estate object, which is sold through competition or tenders to holders of neighbouring areas. In case there is one holder of neighbouring area, sales-buying of lands which can not be formed as independent real estate objects is made at the normative price of the land. This stipulation is also referring to land rent affairs. (law No. 153 as of July 8, 2010, Official Monitor of the Republic of Moldova No. 131-134 as of July 30, 2010).
6. As a result of the amendments operated in the Law on public tax No. 1216-XII as of December 3, 1992 and in the Code of civil procedure of the Republic of Moldova No. 225-XV as of May 30, 2003, the degree of jurisdiction, at the demand of interested party, depending on the financial situation and presented probes in this matter, will have the right to issues completely or partially of the state tax payment not only individuals, as it used to be up to the present, but also legal entities. (Law No. 107 as of June 4, 2010, Official Monitor of the Republic of Moldova No. 126-128 as of July 23, 2010).
7. In the view of preventing the damaging of road layers under environmentally-high temperature level, the Ministry of Transports and Road Infrastructure forbade the circulation of heavy-tonnage transport means exceeding over 20 tons on national roads with road layers made of asphalted concrete from 11 am to 6 pm, at temperatures higher than 30 degrees Celsius. The mentioned restrictions are not referring to the transport means that carry out passenger transportation, or transportation of food and material necessary for liquidating force majeur situations. (Order of the Ministry of Transport and Road Infrastructure No. 189/174 as of June 16, 2010, Official Monitor of the Republic of Moldova No. 110-113 as of July 2, 2010).
8. The National Confederation of Trade Unions from Moldova approved the Instruction regarding the mode of payment and book-keeping of taxes of registration and monthly dues as syndicate member. The mentioned instruction refers to trade unions and elective bodies of all levels, as well as on all entities, and establishes taxes of registration and monthly trade-union-member due; the mode of establishing monthly incomes and types of salaries, bonuses and other payments, out of which monthly dues are paid; the mode of payin dues, etc. According to the Instruction, the tax of registration into trade union is paid at 1% quantum of the average monthly income of trade-union member, calculated in a month that is previous to the one of getting registered into trade union. The quantum of monthly due of a trade-union member is determined by the status of the national-sectorial trade-union centre. (Decision of the Committee of the Con-federal Committee of the National Confederation of Trade Unions from Moldova No. 9-19 as of May 27, 2010, Official Monitor of the Republic of Moldova No. 121-123 as of July 16, 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. 
