ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 23, 2020 No. 712

About the Government electronic payment service (MPay)

Based on articles 16 and 22 of the Law No. 467/2003 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. Approve:

1) the Concept of government electronic payment service (MPay), according to appendix No. 1;

2) Regulations on procedure for functioning and use of government electronic payment service (MPay), according to appendix No. 2;

3) Regulations on procedure for maintaining the Register of personal accounts, according to appendix No. 3;

4) the List of priority public bodies / organizations for integration and use of government electronic payment service (MPay), according to appendix No. 4.

2. To provide to public organization "Agency of Electronic Control" as the owner of government electronic payment service (MPay) its functioning and development according to the legislation and international agreements which party is the Republic of Moldova.

3. To the ministries, the State office and other central administrative authorities and organizational structures subordinated to the Government which are in the sphere of their competence (subordinated administrative authorities, deconcentrated and subordinated public services, public organizations in which the ministry, the State office or other central administrative authority acts as the founder), bodies of public management / to the public organizations and the autonomous state organizations subordinated or the founded Government, within the competences provided by the law:

1) to use government electronic payment service (MPay) for collection of payments from physical persons and legal entities in the course of rendering services, taxation, duties, collection of payments on penalties and penalties (penalty fee) and other payments into the single treasurer account of the Ministry of Finance;

2) to use government electronic payment service (MPay) for distribution of the social benefits and other payments performed from budgets components of the national public budget, except for payments on the salary and also for return of payments to physical persons from the single treasurer account of the Ministry of Finance and from accounts of public organizations on self-government;

To register 3) in the Register of personal accounts information on payments for distribution from budgets components of the national public budget and payments for return to physical persons from the single treasurer account of the Ministry of Finance and from accounts of public organizations on self-government, for the purpose of distribution/return of payments and accounting of the owed / paid and returned payments;

To integrate 4), within 6 months from the effective date of this resolution, by own financial means the public services and information systems connected with process of collection of the payments specified in the subitem 1) including the developments which are in stage with government electronic payment service (MPay) if the law does not provide other;

To integrate 5) within 18 months from the effective date of this resolution by own financial means the public services and information systems connected with process of distribution of the payments specified in the subitem 2) including the developments which are in stage with government electronic payment service (MPay);

6) to provide agreement cancelation about rendering payment services without use of government electronic payment service (MPay);

7) for increase in efficiency of public expenses not to use and not to create the services similar to government electronic payment service (MPay).

4. Other authorities and public organizations, except specified in Item 3, including bodies of local public authority, can use government electronic payment service (MPay) according to this resolution.

4-1. The international organizations and non-profit organizations regulated by the Law No. 86/2020 on non-profit organizations, performing socially useful activities can use according to this resolution government electronic payment service (MPay) for distribution among physical persons of donations/grants within implementation of various social projects.

5. Physical persons and legal entities of private law can request from public organization "Agency of Electronic Control" on contractual basis rendering services in collection and return of payments through government electronic payment service (MPay).

6. To public organization "Agency of Electronic Control":

1) to approve contractual conditions and the size of the rates/commissions for rendering services through government electronic payment service (MPay) and the corresponding rules of use;

2) to create and provide maintaining the Register of personal accounts.

7. For the purpose of implementation of this resolution of the State office together with public organization "Agency of Electronic Control" annually to estimate the costs necessary for administration and continuous development of government electronic payment service (MPay) and to make to the Ministry of Finance offers on request of financial resources, according to provisions of the Law No. 181/2014 on public finance and budget and tax responsibility, for their inclusion in the law on the government budget for the corresponding year.

8. For the purpose of ensuring availability of payment methods the subjects specified in Item 3 can provide physical presence of payment service providers at the offices. The expenses connected with servicing (except for the commissions for collection of payments), are not subject of provision of government electronic payment service (MPay) and will become covered by subjects on contractual basis with payment service providers.

9. To the Ministry of Finance:

1) according to the petition of public organization "Agency of Electronic Control" to provide opening of accounts and/or to provide access to open accounts on the single treasurer account of the Ministry of Finance for implementation of processes of collection, return and distribution of payments by means of government electronic payment service (MPay);

2) together with the State office to provide in the law on the government budget for the corresponding year allocation of the budgetary funds necessary for servicing of payments and administration, functioning and continuous development of government electronic payment service (MPay);

3) to sign the service provision agreement on collection of payments with public organization "Agency of Electronic Control" for the purpose of collection of taxes, charges, penalties, penalties (penalty fee) and payments for the educational institutions financed from the national public budget;

4) not to allow registration by treasuries of agreements on collection of the payments provided in the subitem 1) of Item 3, of prisoners between the subjects specified in Item 3, and payment service providers.

10. In appendix No. 3 to the Order of the Government No. 760/2010 about public organization "Agency of Electronic Control" (Official monitor of the Republic of Moldova, 2010, Art. No. 150-152, 832), with subsequent changes, to make the following changes:

Line item of 1 table to state 1) in the following edition:

"1.

Government electronic payment service (MPay)

On contractual basis";

2) line items 1.1, 1.2, 1.3 tables and the note to recognize invalid.

11. Recognize invalid:

1) the Order of the Government No. 280/2013 about some measures for implementation of the Government electronic payment service (MPay) (The official monitor of the Republic of Moldova, 2013, No. 109, the Art. 358), with subsequent changes;

2) the Order of the Secretary general of the Government No. 512-Ac/2015 on some measures for execution of provisions of the Order of the Government No. 280 of April 24, 2013, with subsequent changes and amendments (The official monitor of the Republic of Moldova, 2015, Art. No. 281-290, 803).

12. This resolution becomes effective from the date of publication.

Countersign: Deputy Prime Minister, Minister of Finance

Sergey Pushkutsa

Minister of Economy and Infrastructure

Sergey Raylyan

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of September 23, 2020 No. 712

Concept of the Government electronic payment service (MPay)

Introduction

In the course of interaction with citizens and economic agents main objective of the Government is provision of the effective payment mechanism of payments (obligations) to the national public budget, and also distribution of payments from the national public budget.

For realization of this purpose in 2013 the government electronic payment service (MPay) (further - the service MPay) within the program of E-transformation of management financed by the World Bank was implemented.

Thus, from the point of view of collection of payments in the national public budget, at the moment the service MPay is used as the single payment mechanism of public services, taxes, charges, penalties, penalties (penalty fee) and other payments in the national public budget and allows citizens and economic agents to make payments any available legal payment method. However the service MPay is not used widely therefore it is necessary to extend it in all public organizations levying payments.

From the point of view of distribution of payments from the national public budget, the service MPay will develop for ensuring distribution of payments from the national public budget to physical persons. Receivers of payments from the national public budget will have freedom and convenience of the choice of any payment service provider connected to the service MPay through any available legal payment method and in any point of the country.

The service MPay is also intended to provide promotion of electronic payments which, according to the met expectations of citizens, shall provide cost optimization, transparency of payments, elimination of tax avoidance and corruption.

Chapter I General provisions

1. The service MPay represents information system which will be used as the single mechanism of collection and distribution of payments.

2. The service MPay is intended:

1) for collection of payments into the single treasurer account of the Ministry of Finance (further - EKS) from physical persons and legal entities of public and private law;

2) for distribution of payments from budgets - components of the national public budget and from accounts of the public organizations on self-government served in EKS and also for return of payments to physical persons with EKS;

3) for distribution by the international organizations and non-profit organizations regulated by the Law No. 86/2020 on non-profit organizations, donations/grants among physical persons within implementation of various social projects.

3. The mechanism of distribution of payments within the service MPay is provided through the Register of personal accounts.

4. The purpose of development of the service MPay is provision to authorities and public organizations, and also physical persons and legal entities of private law of effective, reliable and modern software solution for collection, return and distribution of payments.

5. For the purposes of this Concept the following concepts are used:

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