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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 8, 2018 No. 414

About measures for consolidation of data centers in public sector and rationalization of administration of the state information systems

(as amended on 11-12-2019)

Based on Items b) and e) article 7 of the Law No. 136 of July 7, 2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), article 32 of the Law No. 98 of May 4, 2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537), with subsequent changes and amendments, Item e) parts (1) article 6 of the Law No. 121-XVI of May 4, 2007 on management of public property and its privatization (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401), with subsequent changes and amendments, article 12 of the Law No. 246 of November 23, 2017 on the state and municipal companies (The official monitor of the Republic of Moldova, 2017, Art. No. 441-450, 750), with subsequent changes and amendments, and Items a) and f) parts (2) and parts (3) article 22 of the Law No. 467-XV of November 21, 2003 on informatization and the state information resources (The official monitor of the Republic of Moldova, 2004, Art. No. 6-12, 44), with subsequent changes, DECIDES: the Government

1. Reorganize by transformation the state company "Center of Special Telecommunications" into Public organization "Service of Information Technologies and Cybernetic Safety".

2. The state office to perform function of the founder of Public organization "Service of Information Technologies and Cybernetic Safety" on behalf of the Government.

3. The public organization "Service of Information Technologies and Cybernetic Safety" is successor of the rights and obligations of the state company "Center of Special Telecommunications".

4. To transfer property of the state company "Center of Special Telecommunications" to Public organization "Service of Information Technologies and Cybernetic Safety" according to the Regulations on procedure for transfer of objects of public property approved by the Order of the Government No. 901 of December 31, 2015. (The official monitor of the Republic of Moldova, 2016, No. 1, the Art. 2), with subsequent changes and amendments.

5. Reorganize the state company "Centrul Informa? ional Agricol" by merge (absorption) to Public organization "Service of Information Technologies and Cybernetic Safety".

6. The rights and obligations of the attached legal entities completely pass to the accepting legal entity - Public organization "Service of Information Technologies and Cybernetic Safety".

7. Release of employees in connection with reorganization of the state company "Center of Special Telecommunications" and state company "Centrul Informa?" to perform ional Agricol according to the existing labor law in case of impossibility of its translation.

8. To the absorbing legal entity to perform complete cession of property from the absorbed legal entities according to requirements of the Regulations on procedure for transfer of objects of public property approved by the Order of the Government No. 901 of December 31, 2015.

9. Expenses on reducing regular personnel in connection with absorption of the state company "Centrul Informa? ional Agricol" will be provided at the expense of own income of both reorganized companies transferred to Public organization "Service of Information Technologies and Cybernetic Safety".

10. The functions and services which are carried out and provided according to the existing regulations reorganized by legal entities pass to Public organization "Service of Information Technologies and Cybernetic Safety" with securing of observance of provisions of the Law No. 133 of July 8, 2011 on personal data protection.

11. Approve:

1) the Charter of Public organization "Service of Information Technologies and Cybernetic Safety", according to appendix No. 1;

2) changes and additions which are made to some orders of the Government, according to appendix No. 2;

3) the list of resolutions and orders of the Government which are recognized invalid, according to appendix No. 3;

4) the list of the organizations which owning/have data centers, subject to consolidation on general government technological framework (MCloud) in priority procedure according to appendix No. 4.

12. To public organization "Service of Information Technologies and Cybernetic Safety":

1) to provide transfer of remaining balance of financial resources from the bank accounts opened addressed to the suppliers providing paid services on the bank accounts opened on the single treasurer account of the Ministry of Finance in a month. After this term to use only bank accounts opened on the single treasurer account of the Ministry of Finance in the activities;

2) in 2-month time to develop and submit for approval to Council of organization structure and the extreme number of staff of Public organization "Service of Information Technologies and Cybernetic Safety".

13. State office:

1) to approve staff of Council of Public organization "Service of Information Technologies and Cybernetic Safety" in a month;

2) in 3-month time to develop and submit to the Government for approval Methodology of calculation of rates for the services provided by Public organization "Service of Information Technologies and Cybernetic Safety";

3) within 2 months of approval date of Methodology of calculation of rates for the services provided by Public organization "Service of Information Technologies and Cybernetic Safety" to develop and submit to the Government for approval the List of the services provided by Public organization "Service of Information Technologies and Cybernetic Safety" and rates for them;

4) in 6-month time, with assistance of Public organization "Service of Information Technologies and Cybernetic Safety" and Public organization "Agency of Electronic Control" to approve necessary changes in departmental regulations for the purpose of reduction in compliance with provisions of this resolution.

14. Before appointment of the director of Public organization "Service of Information Technologies and Cybernetic Safety" according to its Charter provided in appendix No. 1, position of the director of the relevant organization temporarily the CEO of the state company "Center of Special Telecommunications" which is in process of reorganization which will take all actions necessary for carrying out process of reorganization according to provisions of this resolution will perform.

15. Before approval of Methodology of calculation of rates for the services provided by Public organization "Service of Information Technologies and Cybernetic Safety", and the new rates calculated on their basis applicable fares on the services provided by the reorganized legal entities will be applied.

16. To the agency of the state services to make necessary changes to the state registers, according to the statement of the owner.

17. Donate from management of the organizations specified in appendix No. 4, in management of Public organization "Service of Information Technologies and Cybernetic Safety" the data centers of public property of the state and other means intended for work of the transferred property.

For the purposes of this resolution data centers mean infrastructure of data centers (conditioning, electricity, fire-proof systems, security systems, and other components), including the hardware (server, for storage, telecommunication, for ensuring cybernetic safety) and the software which ensure functioning of the specified infrastructures and the equipment with their licenses and complete documentation.

18. To the organizations specified in appendix No. 4, together with Public organizations "Service of Information Technologies and Cybernetic Safety":

1) to provide cession of property, specified in Item 17, according to the Regulations on procedure for transfer of objects of public property approved by the Order of the Government No. 901 of December 31, 2015;

2) to provide access for representatives of Public organization "Service of Information Technologies and Cybernetic Safety" to real estate units or their parts in which data centers are placed, specified in part 17, for accomplishment of functions by them for which they are responsible, according to provisions of this resolution;

3) to take necessary measures for ensuring transfer of real estate units or their parts in which data centers, from economic maintaining the organizations specified in appendix No. 4, in economic maintaining Public organization "Service of Information Technologies and Cybernetic Safety" according to the current legislation are located.

19. Transfer functions on technical management and servicing of the state information systems from the ministries, other central administrative authorities subordinated to the Government, the State office and organizational structures from the sphere of their competence (subordinated administrative authorities, deconcentrated public services and services, and also public organizations and the state companies subordinated to them in which the ministry, the State office or other central administrative authority acts as the founder), the public bodies / organizations and the autonomous state organizations subordinated to the Government or the functions founded by it, to Public organization "Service of Information Technologies and Cybernetic Safety", except for on management and servicing of the state information systems which are in ownership of the Ministry of Finance, Ministry of Internal Affairs Ministries of Defence and organizations subordinated to them, and also state information systems of Public organization "Agency of the State Services", as necessary.

20. Change the name of Public organization "Center of Electronic Control (E-Government)" to Public organization "Agency of Electronic Control".

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