ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 21, 2023 No. 1028

About organization, the organization and functioning of the Agency of cyber security

Based on Items b) and e) the article 7 ZakonaNo. 136/2017 about the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, parts (1) and (7) article 14 of the Law No. 98/2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537), with subsequent changes, parts (1) Article 7 and part (1) article 9 of the Law No. 48/2023 on cyber security (The official monitor of the Republic of Moldova, 2023, Art. No. 151-153, 225) DECIDES: the Government

1. Found the Agency of cyber security, administrative authority subordinated to the Ministry of Economic Development and digitalization and to assign competent authority at the national level in the field of cyber security and the body responsible for management of crises in area of cyber security at the national level.

2. Approve:

1) Regulations on the organization and functioning of the Agency of cyber security, according to appendix No. 1;

2) Structure of the Agency of cyber security, according to appendix No. 2.

3. Establish the extreme number of staff of the Agency of cyber security in number of 45 units with the annual salary fund according to the legislation.

4. To the Ministry of Economic Development and digitalization within no more than 2 months from the effective date of this resolution to organize competitions on substitution of the state positions of the director and deputy director of the Agency of cyber security and to assign to positions of persons who won tender according to the Law No. 158/2008 on the state position and the status of the government employee.

5. To the director of the Agency of cyber security, with assistance of the Ministry of Economic Development and digitalization:

1) within 2 months from the moment of position assignment:

a) provide state registration of the Agency of cyber security;

b) approve the staff list of the Agency of cyber security and provide its registration by the State office according to the legislation;

c) approve the scheme of employee occupation of the Agency of cyber security and provide its registration in the Ministry of Finance according to the legislation.

2) within 5 days from the moment of approval and registration of the staff list by the State office, for the purpose of selection of three government employees – heads of the Agency of cyber security to create tender committee which in structure along with the director and, occasionally, the deputy director of the Agency of cyber security, to include at least three representatives of central office of the Ministry of Economic Development and digitalization with activities, the corresponding competence of the Agency of cyber security;

3) within 2 months from the date of creation of the tender committee provided by the subitem 2) to assign persons declared winners to the leading state positions;

4) within 5 days from the date of assignment to positions of persons specified in the subitem 2) to create tender committee as a part of the Agency of cyber security and to initiate carrying out tenders on substitution of the state positions in the Agency of cyber security according to Regulations on substitution on competitive basis of the state position, approved by the Order of the Government No. 201/2009.

6. To the state office, the Ministry of Economic Development and digitalization, together with the Agency of public property, within 1 month from the date of entry into force of this resolution to identify and in accordance with the terms of the Regulations on transmission order of objects of public property approved by the Order of the Government No. 901/2015, to provide cession of property, the Agency of cyber security, necessary for activities.

7. In the Order of the Government No. 143/2021 about the organization and functioning of the Ministry of Economic Development and digitalization (Official monitor of the Republic of Moldova, 2021, Art. No. 206-208, 341), with subsequent changes, to make the following changes:

Item 6 of appendix No. 1 to add 1) with subitem 10-1) of the following content:

"10-1) cyber security;"

2) appendix No. 4 to add with Item 2 following of content:

"2. Agency of cyber security".

8. This resolution becomes effective from the date of publication, except for Item provisions 7, of the subitem 2), the subitem 3) of Items c) and d) and the subitem 5) of Items a), c), d), g), h), k), m) and p) appendices No. 1, becoming effective since January 1, 2025.

9. To impose control of execution of this resolution on the Ministry of Economic Development and digitalizations.

Appendix №1

to the Order of the Government of the Republic of Moldova of December 21, 2023 No. 1028

Regulations on the organization and functioning of the Agency of cyber security

Chapter I. General provisions

1. The regulations on the organization and functioning of the Agency of cyber security (further – the Provision) determine mission, sphere of activity, functions, obligations, the rights and procedure for the organization of activities of the Agency of cyber security (further – the Agency).

2. The agency is the administrative authority subordinated to the Ministry of Economic Development and digitalization, has the status of the legal entity of the public law with form of business of the agency, with the headquarters in municipium of Chisinau.

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