ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 9, 2022 No. 152

About approval of the Regulations on management of financial resources of National fund of regional and local development

Based on part (4) Article 3 and part (1) article 7 of the Law No. 27/2022 on National fund of regional and local development (The official monitor of the Republic of Moldova, 2022, No. 60, the Art. 76) DECIDES: the Government

1. Approve:

1) Regulations on management of financial resources of National fund of regional and local development, according to appendix No. 1;

2) Regulations on the organization of tenders by determination, assessment and approval of the programs and projects of regional development offered to financing from National fund of regional and local development according to appendix No. 2;

3) Regulations on the organization of tenders by determination, assessment and approval of the projects in the field of local development within the National program "European Village" offered to financing from National fund of regional and local development according to appendix No. 3.

2. In the Order of the Government No. 127/2008 about measures for accomplishment of the Law No. 438-XVI of December 28, 2006 on regional development in the Republic of Moldova (Official monitor of the Republic of Moldova, 2008, Art. No. 34-36, 200), with subsequent changes, to make the following changes:

1) in Item 2 of the resolution the text "Regulations on forming and use of means of National Regional Development Fund according to appendix No. 4" to exclude;

2) in the subitem 4) Item 9 of appendix No. 3 of the word "Regulations on forming and use of means of National Regional Development Fund" shall be replaced with words "Provision on management of financial resources of National fund of regional and local development";

Appendix No. 4 to declare 3) invalid.

3. The projects financed from means of National ecological fund of Fund of energy efficiency, National fund of development of agricultural industry and the rural zone which is in implementation process on the date of entry into force of this resolution are subject to completion according to the current agreements about purchases signed before entry into force of this resolution.

4. To impose control over the implementation of this resolution on the Ministry of infrastructure and regional development.

5. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Countersign: Deputy Prime Minister, minister of infrastructure and regional development

Andrey Spynu

Minister of Finance

Dmitry Budiyanski

Minister of Justice

Serdzhiu Litvinenko

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of March 9, 2022 No. 152

Regulations on management of financial resources of National fund of regional and local development

Chapter I General provisions

1. The regulations on management of financial resources of National fund of regional and local development (further - the Provision) regulate procedure for the organization and management of the allocated financial resources, procedure for determination, assessment, selection, approval, the conclusion of agreements and monitoring of projects implementation of regional and local development, and also processes of assessment after realization.

2. The national fund of regional and local development (further - Fund) is founded, with allocation separately in the government budget, for financing of programs and projects of regional and local development.

3. The size of Fund affirms annually the law on the government budget.

4. Sources of forming of Fund are:

1) annual assignments from the government budget;

2) other sources which are not contradicting the legislation.

5. The body determining policy of regional development bears responsibility for effective management of fund, based on this provision and according to the approved decisions of National coordination council of regional and local development (further - Council).

6. The basic principles of allocation of financial resources from Fund on program implementation and projects of regional and local development are:

1) efficiency - rational use of natural, human, financial and production resources in all territory to the Republic of Moldova;

2) justice - the equal rights of access to economic, social and cultural values for all citizens of the Republic of Moldova, irrespective of their residence, taking into account aspect of gender equality and social integration;

3) duration - viability from the technical, financial and institutional points of view of the undertaken measures, programs and projects of regional development;

4) planning - development and implementation according to the National strategy of development for the Republic of Moldova and the National strategy of regional development of the measures, programs and projects of regional development having specifically formulated purposes, priorities and accurately certain mechanisms;

5) coordination - coordination, both on national, and at regional and local level, measures and tasks for support of regional and local development;

6) partnership - cooperation of bodies of the central and local public authority, the public and private sector, civil society in the course of activities for planning, development and strategy implementation of support of regional development;

7) transparency - provision of the complete information, the available public, about allocation, distribution and use of resources for strategy implementation, programs and projects of regional development.

7. For the purpose of this provision the concepts determined in the Law No. 438/2006 on regional development in the Republic of Moldova and in the Law No. 27/2022 on National fund of regional and local development and also the following concepts are used:

1) competitive selection - process of competitive selection of projects according to the fields of intervention during which the candidates corresponding to criteria can submit the application for financing of the projects which gained the highest number of points in tender and answering to general criterions of the acceptability;

2) selection according to the list - selection process of priority projects of regional development on the basis of documents of national industry policy according to set of the criteria characteristic of tender approved by Council;

3) the applicant - the legal entity who corresponds to the eligibility criterions stated in this Provision and requests financing from Fund, having submitted the application for financing;

4) energy audit - the systematic procedure directed to receipt of necessary information on the existing profile of energy consumption of the building or group of buildings, production process, industrial or commercial plant, private or public service, and also to determination and quantitative assessment of profitable opportunities of energy saving and submission of reports on results;

5) the beneficiary - the legal entity, the applicant on financing from sources Fonda to whom the investment means created as a result of project implementation will be transferred;

6) the request for financing - the form completed by the applicant for each project separately for the purpose of receipt of financing from Fund. In the request the project is in detail described, need of its realization is reasoned, actions, results, effect and influence of the project, and also other enclosed documents are specified;

7) development of the cities - component of regional development in which center there is functional city / the urban area which is marking out industry aspects of housing construction, city lands, economic development, improvement of utilities, environmental protections, etc.;

8) project duration - the period of implementation of the project during which expected activities are financed;

9) conceptual note - the form filled with the applicant in which the purpose and tasks, actions and the invested resources for certain period designed to satisfy real requirement and to lead to achievement of specific purpose are briefly described;

10) main objective - considerable change (medium-term or long-term) which is promoted by the project in the field of development (regional or local) at the national, industry or regional level (communication in the context of national, industry and/or regional/local politicians/strategy is specified);

11) specific purpose - the main field of intervention within the strategic program including group of the interconnected transactions directed to realization of main objective represented in the measured form;

12) the partner - the subject joining the project by means of the declaration on partnership which participates in development and project implementations and expenses connected with it are acceptable as well as acceptable expenses of the applicant. Therefore, partners of applicants shall correspond to the same eligibility criterions, as applicants;

13) partnership - the agreement connecting social, economic partners, etc.; formal or informal group / consolidation in which two or more parties decide to be effective together for achievement of common goal;

14) growth pole - the city area which is allocated with concentration of the population, economic, social and cultural activity, having the polarizing nature from the regional social and economic point of view and stimulating development of the adjacent territories;

15) the regional operational program - the document the politician for the medium-term period developed at the regional level;

16) the project - number of actions and investments of the resources during the certain period of time designed to satisfy real requirement and to lead to achievement of particular purpose;

17) the technical project / technical documentation - set of the documents prepared on the basis of the set subject and including the technical and economic calculations, drawings, instructions, etc. necessary for accomplishment for design, technical system, etc., which are subject of investments;

18) regulations of carrying out tender of projects - the technical information document for potential beneficiaries of Fund, complex information support for preparation of the request for financing according to specific requirements. Includes number of detailed rules of registration and submission of documents and forms under necessary conditions;

19) revival of the cities - the process of conclusion of crisis state of the degrading urban areas performed in a complex by means of territorially integrated actions performed by bodies of local public authority by means of effective local, regional, national partnership on the basis of the program of revitalization.

Chapter II Appointment of fund

8. Financial resources of Fund are allocated on:

1) financing of the programs and projects of regional and local development included in the Single program document;

2) expenses on the organization and activities of the agencies on regional development and the subject of program implementation and projects on regional and local development which affirm decisions of Council;

3) joint financing of the projects realized due to the external help.

9. Financial resources of Fund are used for financing of programs and projects for the following activities:

1) within programs of regional development:

a) increase in competitiveness and employment in regions of development;

b) development of the cities, economic and social recovery of the cities;

c) enhancement of regional technical and municipal infrastructure;

2) within programs of local development:

a) enhancement of local technical and municipal infrastructure;

b) construction and reconstruction of social infrastructure;

c) joint financing of the projects realized at the expense of external sources of the help.

10. Programs and projects of regional and local development represent certain set of the actions and actions directed to implementation on the basis of the documents of strategic planning at national and/or regional or local level promoting stimulation of competitiveness of regions, decrease inside - and interregional disproportions, to ensuring social unity and support of the balanced social and economic development of settlements, including on ensuring fair access to services and infrastructure to persons experiencing difficulties in case of movement and to persons with limited opportunities.

Chapter III Institutional base with powers on management of the funds allocated to fund

11. For the purpose of achievement and realization of state policy in the field of regional and local development, the Government has the following powers:

1) suggests Parliament to approve by the law on the government budget the financial resources allocated to Fund;

2) is approved by procedure for forming and use of financial resources of Fund;

3) is approved by regulations on selection and approval of programs and projects of regional and local development;

4) approves the concept and regulations on project management information system of regional and local development.

12. Council has the following powers:

1) performs the powers provided by the Regulations on the organization and functioning of Council approved by the order of the Government;

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