of December 8, 2006 No. 393-XVI
About approval of Methodology of calculation of rates for the services provided by the Agency of the state services and its territorial structures
The parliament adopts this ordinary law.
Art. 1. - Approve Methodology of calculation of rates for the services provided by the Agency of the state services and its territorial structures it (is applied).
Art. 2. - To the government:
- in a month to approve rates for the services provided by the Agency of the state services and its territorial structures and to bring the regulations into accord with this law;
- to submit within three-months term to Parliament of the offer on introduction of amendments to the Law on the state fee, the Law on procedure for calculation of payment for notarial services and the Tax code directed to reduction of total cost of real estate transactions, ensuring accumulating of means for the purpose of the servicing and loan repayment provided for implementation of the First cadastral project at the expense of the state fee.
Chairman of the parliament
1.1. This Methodology is developed according to provisions of the Law on the inventory of real estate of N1543-XIII of February 25, 1998, national accounting standards and other regulations of the Republic of Moldova and aims at establishment of single method of determination, approval, application and review of rates for the services provided by the Agency of the state services and its territorial structures.
1.2. The basic concepts used in this Methodology are:
rate - the amount levied for service provision;
flat fare - the rate established in fixed amount (in lei);
the differential tariff - rate which is established depending on the market value of real estate specified in the real estate register, calculated for the purpose of the taxation;
urgency coefficient - the coefficient specifying in how many time the payment for urgency of the provided service exceeds rate.
1.3. This Methodology establishes:
a) structure and procedure for determination of rates for the services provided by the Agency of the state services and its territorial structures including:
structure and procedure for cost determination and the expenses included in calculation of rates;
level of profitability of activities of the Agency of the state services;
procedure for establishment of assignments for creation of the Guarantee fund for the purpose of ensuring compensation of the possible damage caused to owners of the rights to real estate units by branches of the Agency of the state services;
b) approval procedure, applications and review of rates for the provided services.
1.4. The mechanism used in case of determination and regulation of rates is based on the following principles:
a) covering of costs and maintenance costs of the Agency of the state services;
b) the profitable activities of the Agency of the state services allowing to provide necessary conditions for provision of services;
c) maintenance of the Guarantee fund at the level providing compensation of the possible damage caused to owners of the rights to real estate units by territorial structures of the Agency of the state services;
d) the customer service delivery at the actual prices.
1.5. This Methodology is applied to establishment of rates for services which are only within the competence of the Agency of the state services and its territorial structures.
2.1. Structure of rate for the provided services
2.1.1. The rate (T) for the services provided based on provisions of this Methodology includes:
Ct - total costs and expenses on service provision;
R - profitability rate at the percent 12,6 level from costs and expenses;
DFG - contributions to the Guarantee fund;
Dt - the financial variation registered previous tariff year of "t-1" which needs to be included in rate of year of "t" as result of variations between the parameters considered in case of establishment of rates for year of "t-1", and actually developed parameters (changes in regulations, the inflation indexes, etc.).
2.2. Determination of rate for the provided services
2.2.1. (1) the Rate for registration of the property right to real estate units in the course of primary selective and current registration and for newly created real estate units (appendix Items 1-3 1), except for the services specified in Item 2.2.3 of this Methodology it is determined as the work of percentage size of the differential tariff and the market value of the real estate unit calculated for the purpose of the taxation.
(2) in the absence of the market value calculated for the purpose of the taxation, the rate is calculated as follows:
a) for the parcels of land - as the work of percentage size of the differential tariff and standard price of the earth according to the Law on standard price and procedure for purchase and sale of the earth of N1308-XIII of July 25, 1997;
b) for individual apartment houses with extensions, apartments, the isolated rooms, other structures - as the work of the percentage size of the differential tariff and the inventory project cost of real estate determined for implementation of transactions and which is written down in the cadastral register, corrected to market value by application of coefficients: 0,5 - for the rural zone; 0,8 - for the city area, except for municipiums of Chisinau and Belts; 9,2 - for municipium of Chisinau and 4,1 - for municipium of Belts;
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