ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 6, 2024 No. 743

About quality assurance in construction

Based on part (6) Article 129 and part (1) article 338 of the Town-planning and construction code No. 434/2023 (The official monitor of the Republic of Moldova, 2024, Art. No. 41-44, 61), with subsequent changes, DECIDES: the Government

1. Approve:

1.1. Regulations on certification of the specialists performing activities in the field of construction according to appendix No. 1;

1.2. Regulations on verification of the project documentation and technical expertize of projects and constructions according to appendix No. 2.

2. To consider the certificates of certification issued according to Regulations on professional certification of the specialists performing activities in construction the approved Order of the Government No. 329/2009, valid before the expiration on which they were issued.

3. According to the procedure of departure from Item 7 of the Regulations on certification of the specialists performing activities in the field of construction, the heads of construction and responsible for test authority, certified till 2009 to allow to certification after passing of professional development course by them according to the specialized programs in the declared area of certification approved with the central industry body in the accredited educational institutions or training centers accredited in the field of the related activity on condition of accomplishment of other requirements established by the regulatory base. The professional development course according to specialized programs in the declared area of certification shall be complete no later than three years from the effective date of this resolution. The certificate on the termination of professional development course according to specialized programs in the declared area of certification is valid for all subsequent certifications in the respective area and specialty.

4. The order of the Government No. 726/2024 o introduction of amendments to the Resolution No. 360/1996 on the state control of quality in construction and recognition voided the Orders of the Government No. 285/1996 about approval of the Regulations on acceptance of construction works and equipment in place (The official monitor of the Republic of Moldova, 2024, Art. No. 457-458, 850) to add with Item 3 following of content:

"3. This resolution becomes effective since January 30, 2025.".

5. Recognize invalid some orders of the Government according to appendix No. 3.

6. This resolution becomes effective since January 30, 2025, except for Item 4, which becomes effective since December 5, 2024.

Countersigns: Minister of infrastructure and regional development of the Republic of Moldova

Andrey Spynu

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of November 6, 2024 No. 743

Regulations on certification of the specialists performing activities in the field of construction

Chapter I. General provisions

1. The regulations on certification of the specialists performing activities in the field of construction (further – the Provision), establish the general regulatory base, procedure for the organization and implementation of these activities for the purpose of observance of the main requirements imposed to constructions established in part (2) article 335 of the Town-planning and construction code No. 434/2023, and also for the purpose of ensuring compliance with provisions of regulations and technical standards in construction depending on category of responsibility of construction.

2. Regulations of this provision are obligatory for execution by bodies of public management, investors, owners, researchers, designers, builders, producers and suppliers of construction products, and also the specialists in verification of projects responsible for test authority, heads of construction and technical experts performing activities in the field of construction in the territory of the Republic of Moldova.

3. For the purposes of this provision the following determinations are applied:

3.1. certification – activities for assessment of professional competence, recognition of technical aptitudes, education and the working experience of physical person necessary for implementation of specific type of activity in the field of the construction regulated by provisions of regulations and relevant regulating documents in the field of construction during the certain period of time;

3.2. the designer – the physical person certified for implementation of designing of constructions, construction works, and having legitimate right for implementation of the corresponding type of activity;

3.3. checking projects – the physical person certified for implementation of verification of the project documentation on compliance to construction technical regulations concerning the main requirements;

3.4. the technical expert – the physical person certified for conducting examination of the project documentation which underwent testing and technical expertize of constructions;

3.5. the head of construction – the physical person certified for control of quality of construction works, appointed the investor;

3.6. responsible for test authority – physical person, authorized to exercise supervision and control over the implementation of construction works on construction site, appointed the builder;

3.7. adults are the specialists who reached age at which they can establish employment relationships and/or participate in programs of professional training in accordance with the terms of the legislation and submit the application for passing of certification for one of the specialties provided in this Provision.

4. Certifications are subject the following specialists in the field of construction:

4.1. the specialists performing project activities including the designers of arrangement of the territory and town planning checking projects and technical experts, originators and checking estimate documentation for construction works;

4.2. responsible for test authority and heads of construction;

4.3. responsible for test authority and heads of construction whose activities are integrated to accomplishment of the specialized construction works and works connected with the equipment;

4.4. specialists of test laboratories in the field of construction;

4.5. architects and specialists in the field of town planning and arrangement of the territory – employees of bodies of local public authority;

4.6. inspectors of National inspectorate for test authority.

5. The following obligations and obligations concerning quality of constructions are assigned to the certified specialists in the field of construction:

5.1. observance of the regulations and technical regulations relating to types of activity on which they underwent certification;

5.2. implementation and maintenance of system of quality assurance in the area across which they passed certification.

6. Persons specified in item 4 (further – specialists), shall pass once in 5 years of the program of continuous professional training for adults for programs of advanced training approved with the central industry body of public management in the field of construction (further – the central industry body) and with the organizations in the field of construction and designing and the accreditations which are subject to assessment for obtaining or temporary authorization on functioning in accordance with the terms of the law. Duration of these programs is established according to the Regulations on education of adults approved by the Order of the Government No. 222/2024.

7. At will the specialist can undergo certification for one or several declared areas, in case of observance of the conditions concerning education and the working experience corresponding to each declared area.

8. Certification of the specialists performing activities in the field of construction is carried out once in 5 years by the ad certifying commissions created by the central industry body with issue of the certificate of certification, the certificate and seal.

9. The specialists who are performing activities in the field of construction and underwent the certification having the right to perform the following types of activity:

9.1. development, check and examination of documentation on arrangement of the territory and to town planning;

9.2. development, check and examination of the project documentation for receipt of construction permit for the purpose of realization of provisions of the working project;

9.3. construction of constructions, accomplishment of construction works;

9.4. management of construction works and their check at all stages;

9.5. laboratory testing in the field of construction;

9.6. conducting technical expertize of engineering networks and related elements of infrastructure;

9.7. conducting technical expertize of the existing constructions, including in case of their partial demolition.

10. Persons having the certificates issued by authorized institutions of member states of the European Union are recognized the specialists certified for implementation of the types of activity specified in Item 9, except as specified when the legislation of the Republic of Moldova establishes special compulsory provisions, and foreign specialists from the states which are not members of the European Union are subject to certification on the same conditions, as citizens of the Republic of Moldova.

11. For confirmation of the certificates specified in Item 10, and the rights to implementation of the types of activity specified in Item 9, of person represent the appropriate certificates translated to Romanian and legalized by the notary to ad certifying commission of the central industry body for registration and confirm knowledge of provisions of the legislation and regulating documents in the declared area during the written estimation organized by ad certifying commission. In case the legislation of the Republic of Moldova establishes additional requirements, persons shall confirm compliance to these requirements according to the procedure, established by the central industry body.

12. The ad certifying commission within 30 days passes the decision on recognition of the document on certification and enters the applicant in the list of the certified specialists. In case of change of the documents submitted according to Item 11, the applicant shall notify on it ad certifying commission.

13. The specialists having the higher education in the declared area of certification and at least 5 years of work experience in the respective area as a part of the central industry bodies, administrative authorities and public organizations performing powers and realizing policy of the state in this area, administrative authorities with control functions, the bodies given authority regulation and control, research establishments, institutions of higher education and also architects – employees of bodies of local public authority can be certified as designers, authors of estimate documentation, heads of construction and responsible for test authority.

Chapter II. Procedure for carrying out certification of specialists

14. For certification passing the applicant submits the following documents through single window:

14.1. the statement according to appendix No. 1;

14.2. the copy of the diploma about the higher education or, in case of responsible for test authority, – the diploma about postaverage vocational training in the declared area of certification;

14.3. summary;

14.4. the list of the most significant works performed in the declared areas of certification;

14.5. photo 3x4;

14.6. confirmation of 7-year work experience as the designer based on the existing certificate – in case of certification as checking projects or technical expert;

14.7. confirmation of availability of scientific and pedagogical rank if that is available;

14.8. the copy of the residence permit in the territory of the Republic of Moldova – in case of foreign citizens.

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