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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 24, 2019 No. 228

About approval of the Regulations on procedure for maintaining registers of lease agreements

Based on part (2) Article 1294 of the Civil code of the Republic of Moldova No. 1107/2002 (repeated publication: The official monitor of the Republic of Moldova, 2019, Art. No. 66-75, 132) DECIDES: the Government

1. Approve Regulations on procedure for maintaining registers of lease agreements it (is applied).

2. In b letter) the subitem 7) Item 7 of the Regulations on conditions, procedure and the procedure of provision of means of National fund of development of the agricultural industry and the rural zone approved by the Order of the Government No. 455/2017 (The official monitor of the Republic of Moldova, 2017 No. 201-213, of the Art. 537), "To the law No. 198-XV of May 15, 2003 on lease in agricultural industry" to replace the text with the text to "The civil code of the Republic of Moldova No. 1107/2002".

3. Recognize invalid:

1) paragraphs of the second or eighth of Item 1 of the Order of the Government No. 72/2004 on accomplishment of the Law on lease in agricultural industry (The official monitor of the Republic of Moldova, 2014, 26-29, Art. 213) and appendices No. 1-7 to the resolution;

2) the Order of the Government No. 508/2004 about approval of Provisional regulations for inventory count of leasable agricultural property (The official monitor of the Republic of Moldova, 2004, Art. No. 83-87, 652).

4. This resolution becomes effective in two months of date of publication.

Prime Minister

Paweê Phillip

 

Countersigns:

Minister of Agriculture, regional development and environment

 

Nicolae Chubuk

Approved by the Order of the Government of the Republic of Moldova of April 24, 2019 No. 228

Regulations on procedure for maintaining registers of lease agreements

I. General provisions

1. The regulations on procedure for maintaining registers of lease agreements (further - the Provision) establish procedure for maintaining the register of the lease agreements signed for a period of up to 5 years inclusive (further - the register).

2. The register serves as means of accounting and systematization in bodies of local public information directorate about the lease rights.

3. The lease agreement is registered in the register which is kept by primeriya of the settlement within which territory there are leased parcels of land and other agricultural property.

4. According to provisions of the Law No. 71/2007 on registers the register is established by regional authority.

5. Without prejudice to provisions of the Law No. 133/2011 on data protection of personal nature data in the register are public.

6. Maintaining the register is performed manually or in electronic form, according to appendix to this Provision.

7. In the register data of lease agreements of the parcels of land and other agricultural property concluded for a period of up to 5 years inclusive the changes made to them and the termination of these agreements are registered.

8. The registrar shall:

1) to identify the personality of person submitting documents for registration;

2) to require submission of the documents provided in part (3) Article 1294 of the Civil code of the Republic of Moldova No. 1107/2002;

3) to make the decision on carrying out registration, modification and records in the register;

4) to correct the wrong data entered in the register;

5) to issue statements from the register.

9. The registrar has the right:

1) to request information necessary for registration in the register of records concerning lands of agricultural purpose and/or other agricultural property and the rights of lease to them;

2) it is reasonable to refuse issue, data recording and the rights in the register;

3) to perform other powers according to the law or this Provision.

10. The refusal in registration of the lease agreement in the provided time is reasoned by the order signed by the registrar.

11. Control of maintaining and storage of the register is performed according to provisions of article 31 of the Law No. 71/2007 on registers.

II. Requirements to the submitted documents, consideration term

12. In the submitted documents deletings, amendments, the crossed-out words either other corrections which are not stipulated or executed by pencil are not allowed.

13. The term of consideration of documents for registration of the lease agreement shall not exceed 15 days from the date of receipt of the last necessary document. In case of simultaneous registration more than 10 lease agreements provided by the same lessee, the specified term of consideration can be prolonged, according to the decision of the registrar, no more than for 10 days.

14. Documents for registration of the lease agreement are considered received by the registrar from the date of submission of the last necessary document.

15. If the registrar established authenticity of the documents submitted for registration, completeness of information containing in them, compliance of form and content of documents, it performs registration in the register, assigning to the lease agreement single registration number, according to the register.

16. After registration confirmation of lease according to part provisions (6) Article 1294 of the Civil code of the Republic of Moldova No. 1107/2002 two copies of the registered lease agreement are issued to the lessee, and one copy is stored in archive of body of local public authority according to the rules established in the order of the Public archive agency No. 57/2016 on approval of "The list of standard documents and terms of their storage for bodies of public management, organizations, the organizations and the companies of the Republic of Moldova" and Instructions on application of the List.

17. The bases for refusal in registration of the lease agreement (sublease) or the changes made to it:

1) the identity of person submitting the documents necessary for accomplishment of entries in the register cannot be determined;

2) one of the documents specified in part is not provided at least (3) Article 1294 of the Civil code of the Republic of Moldova No. 1107/2002;

3) the submitted documents contain deletings, amendments, the crossed-out words either other corrections which are not stipulated or executed by pencil;

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