ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 6, 2023 No. 652

About approval of the Regulations on adoption of long-term obligations

Based on part (3-1) articles 66 of the Law No. 181/2014 on public finance and budget and tax responsibility (The official monitor of the Republic of Moldova, 2014, Art. No. 223-230, 519), with subsequent changes, DECIDES: the Government

1. Approve Regulations on adoption of long-term obligations it (is applied).

2. Financing of long-term obligations to perform at the expense of means of the government budget in the expense limits predicted for the corresponding years on these purposes.

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

Approved by the Order of the Government of the Republic of Moldova of September 6, 2023 No. 652

Regulations on adoption of long-term obligations

I. General provisions

1. The regulations on adoption of long-term obligations (further - the Provision) establish procedure for application and area in which adoption of long-term obligations is allowed.

2. In this Provision the concept "long-term obligations" which means the amount of future payment obligation, taking into account accomplishment of terms of the contract / purchase agreements of goods, works and services which term of realization exceeds one year, in the expense limits predicted for the corresponding years on these purposes is used.

3. For the purposes of this provision purchases of the following goods, works / services are acceptable:

1) development of regulating documents in construction;

2) development of engineering designs and performance of works on strengthening of infrastructure of protection against floods;

3) weapon, ammunition, systems of arms, military equipment, spare parts and the accompanying accessories;

4) rescue means and mechanisms, special purpose vehicles, including for transportation of special categories of passengers;

5) legal services in representative office of the state or the public power within the arbitration or conciliatory procedure performed in other state or in arbitral, or arbitration international instance or within judicial productions in degrees of jurisdiction, tribunals or bodies of the public power of other state or in the international degrees of jurisdiction or organizations.

II. Procedure for permission of adoption of long-term obligations

4. Adoption of long-term obligations is preceded by the following actions:

1) the central body of the public power, proceeding from need of acceptance on itself long-term obligations, represents to the Ministry of Finance motivated request with appendix of supporting documents and calculations, in the expense limits provided by the budgetary forecast for the corresponding medium-term period according to appendix No. 1;

2) the request about adoption of long-term obligations is sent within three months from the effective date of the order of the Government about approval of the budgetary forecast for the medium-term period;

3) in request elements of budget classification in which expenses for this purpose are predicted are without fail specified;

4) the Ministry of Finance reviews requests and constitutes the list of the central bodies of the public power to which acceptance on itself long-term obligations, within no more than one month after the expiration specified in Item 2 is authorized.

5. Annually within four months from the effective date of the order of the Government about approval of the budgetary forecast for the medium-term period the Minister of Finance approves by the order the list of the central bodies of the public power to which acceptance on itself long-term obligations is authorized, according to the sample provided in appendix No. 2, and informs the relevant central organs of the public power.

6. The acceptability of long-term obligations is established on the basis of the following criteria:

1) adoption of long-term obligations is allowed only for the purchases provided in Item 3;

2) the request about adoption of long-term obligations does not exceed limit of the estimated expenses of the budget for the corresponding years and provided in the budgetary forecast for the corresponding medium-term period;

3) the purpose and need of adoption of long-term obligations are accurately determined, reasoned and correspond to strategy and/or programs and projects of development of the central body of the public power.

7. Process of adoption of long-term obligations is performed with the following provisions:

The maximum term of adoption of long-term obligations constitutes 1) three fiscal years and cannot be prolonged;

2) agreements on public procurements are not transferred from one assumed long-term obligation to another;

3) the total amount of agreements does not exceed the limit allowed for adoption of obligations.

8. Long-term obligations are not assumed if it is precisely determined that duration of engineering procedure of production of goods, rendering service or performance of work exceeds three fiscal years.

III. Management of long-term obligations

9. In case of adoption of the long-term obligation of the procedure of selections/purchases are performed according to the legislation.

10. The agreement is registered without fail in one of regional treasuries of the Ministry of Finance and becomes effective from registration date or from other later date provided in the agreement.

11. Regional treasuries exercise control according to the order of the Minister of Finance on approval of the list of the central bodies of the public power to which acceptance on itself long-term obligations within the budgetary appropriations approved for this purpose for the first year - in the law on the annual budget and on the next years - in the expense limits approved in the Budgetary forecast for the corresponding medium-term period is authorized.

12. The agreement contains without fail the schedule of the payments distributed for validity, which are not exceeding limit of the approved budgetary appropriations. Change of the schedule of payments is performed by amending by agreement of the parties.

13. The central body of the public power shall review works schedules / deliveries of goods proceeding from budgetary appropriations in the first two years and contractual relations with suppliers of goods and services the last year and to cut down expenses if within fiscal year budgetary appropriations were reduced as a result of change of the budget.

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