LAW OF THE REPUBLIC OF MOLDOVA

of December 15, 2006 No. 405-XVI

About the budget of the national social insurance for 2007

The parliament adopts this organic law.

Section I GENERAL PROVISIONS

Art. 1. - The budget of the national social insurance for 2007 affirms according to the income in the amount of 5177946,3 of one thousand lei, on expenses as the amount of 5291025,3 of one thousand lei, with deficit in the amount of 113079,0 of one thousand lei.

Art. 2. - The budget reserve fund of the national social insurance is established as of December 31, 2007 in the amount of 135000,0 thousand lei.

Art. 3. - (1) the Code of the income and expenses of the budget of the national social insurance is provided in appendix 1.

(2) the Budget of the national social insurance provided in programs is given in appendix 2.

Section II PROCEDURE OF PAYMENTS AND PAYMENTS of FEES of COMPULSORY NATIONAL SOCIAL INSURANCE AND SPECIFIC ASPECTS, OTNOSYASHCHIESYA K to the INCOME AND EXPENSES

Art. 4. - Rates of fees of compulsory national social insurance, terms of their transfer are provided to the budget of the national social insurance and submission by payers of reports on charge, use and transfer of fees of compulsory national social insurance, and also types of insured social benefits in appendix 3.

Art. 5. - From rate of fees of the compulsory national social insurance provided for the employers in the sphere of agricultural industry specified in appendix Item 1.3 3, part of rate in the amount of 4 percent salary fund it is transferred into the budget of the national social insurance by means of transfers from the government budget.

Art. 6. - (1) the Individual fee of compulsory national social insurance brought by the insured persons working according to the individual employment contract or other agreements on performance of works or rendering services, the persons working at elective offices or appointed in executive bodies, notaries public, judges, prosecutors, parliamentary lawyers is established in the amount of 4 percent of the salary and other payments.

(2) the Monthly calculation base of individual fees of compulsory national social insurance cannot exceed the triple size of the average monthly salary on economy. The size of the average monthly salary on economy predicted for 2007 affirms the Government.

Art. 7. - (1) the Categories of persons which are not listed in appendix 3, including owners of the entrepreneurial patent can be insured based on the individual contract signed with National cash desk of social insurance with payment of fees of the national social insurance in the amount of 2318 lei a year, but at least 1/12 these amounts monthly that grants to the payer the right to minimum pension and benefit for burial. Paying fees of the national social insurance in the amount of 16684 lei a year, but at least 1/12 these amounts monthly, the payer has the right to pension of the national social insurance and benefit for burial.

(2) Uninsured persons can be insured retroactively (since 1999) based on the individual agreement signed with National cash desk of social insurance that on condition of payment of fees of the national social insurance for every year in the amount of provided by part (1) this Article the current fiscal year, grants it the right to minimum pension and benefit for burial.

Art. 8. - (The Payers in the budget of the national social insurance including financed from the national public budget shall list 1) in the corresponding size, according to the procedure and the terms established in appendix 3, budget payments of the national social insurance on accrued payroll and other payments.

(2) Fees are considered paid from the moment of their transfer by financial institution to the account of the Central Treasury of the Ministry of Finance.

(3) Along with issue of financial resources for salary payment financial institutions exercise control of money transfer in the budget of the national social insurance by payers, including behind observance of terms of transfer of fees by them.

Art. 9. - Types of benefits, compensations and other payments to some categories of the population which financing is performed at the expense of means of the government budget through National cash desk of social insurance are provided in appendix 4.

Art. 10. - Payment types and the income from which, in departure from provisions of article 23 of the Law on the state system of social insurance N489-XIV of July 8, 1999, fees of compulsory national social insurance are not estimated are provided in appendix 5.

Art. 11. - (1) Payers in the budget of the national social insurance quarterly represent to territorial subdivisions of National cash desk of social insurance reports on charge, use and transfer of fees of compulsory national social insurance on the form developed by National cash desk of social insurance. For the purpose of implementation of control of timeliness of transfer of fees of compulsory national social insurance by the State Tax Administration the National cash desk of social insurance submits to this service within 35-day term after the termination of reporting quarter information according to the procedure, established by National cash desk of social insurance and the Main state tax authorities.

(2) Non-presentation at the scheduled time by the payer of the reports and documents concerning conducting individual accounting, calculations and documents on charge, use and transfer of fees of compulsory national social insurance, and also understating of the size of fees attract application of sanctions against officials according to provisions of the Code of Administrative Offences.

(3) Failure to pay of fees of compulsory national social insurance attracts at the scheduled time charge of penalty fee in the amount of 0, of percent from outstanding amount for each day of delay, including date of transfer of debt. Charge of penalty fee for delay, its reflection in financial accounting and in the report on charge, use and transfer of fees of compulsory national social insurance is performed by the payer. The penalty fee is not charged for the period stays on consideration of documents on the transfer of fees from one account on another.

(4) the Penalty fee for failure to pay the current fees of compulsory national social insurance at the scheduled time for employers in the sphere of agricultural industry, irrespective of type of property and form of business, is charged since November 1, 2007.

(5) Understating of the size of fees of compulsory national social insurance attracts imposing of penalty in the amount of the understating amount.

(6) Understating or concealment of the salary fund and other payments from which fees of compulsory national social insurance are subject to charge attracts imposing of penalty in the amount of the amount of fees added on the amount of understating or concealment.

(7) In addition to the penalty imposed according to parts (5) and (6) this Article, the amount by which fees of compulsory national social insurance are underestimated is levied from payers, or the amount of the contributions assessed on the amount by which the calculation base was underestimated and on them is charged penalty fee for untimely transfer of the corresponding amount of the budget of the national social insurance.

(8) the Sanctions provided by parts (5), (6) and (7) this Article, are applied by employees of the State Tax Administration.

(9) the Amounts of fees of compulsory national social insurance paid not in full for certain period are distributed according to individual accounts of insured persons in proportion to the amounts added for social insurance of each person.

(10) the National cash desk of social insurance and its territorial subdivisions have the right to exercise control of reliability of the documents confirming insured years of service and the insured income, issued by authorized bodies.

Art. 12. - (1) the Means which came to the budget of the national social insurance (including the penalty fee and penalties added on fees of compulsory national social insurance), accumulate on the special bank account of the Central Treasury of the Ministry of Finance, are daily transferred into the special bank account of National cash desk of social insurance and used according to this law.

(2) derivation of budget funds of the national social insurance on the purposes provided by the government budget and budgets of administrative and territorial units, and also derivation of social insurance by their National cash desk on others by what the purposes provided by this law is not allowed.

Art. 13. - (1) the Central Treasury of the Ministry of Finance transfers the amounts provided by this law from the government budget into the budget of the national social insurance on special bank accounts of National cash desk of social insurance for accumulating of the amounts transferred from the government budget and their use to destination.

(2) Pension payment, benefits and compensations for the account of means of the government budget is performed after transfer of the corresponding amounts from the government budget on special bank accounts of National cash desk of social insurance for accumulating of the amounts transferred from the government budget.

Art. 14. - (1) Address compensations, monthly public welfare payments, benefits to families with children, compensations and financial support to participants of recovery from the accident on the Chernobyl NPP and to members of their families, personal monthly public welfare payments for special merits before the state are granted to persons having the right to these social payments from the government budget through the state system of social insurance by National cash desk of social insurance and are paid through Banca de Economii bank based on the agreement signed with National cash desk of social insurance according to the existing regulations.

(2) Temporary disability benefits and benefits on motherhood are estimated and paid to persons working according to the individual employment contract in the place of the main work at the expense of the fees of compulsory national social insurance paid by the employer to the budget of the national social insurance.

(3) the Social payments specified in appendix 1 (except for specified in parts (1) and (2) this Article), provided to persons having the right to their obtaining through the state system of social insurance are charged by National cash desk of social insurance, and provided to the unemployed - territorial agencies of employment of the population and are paid through the state company "Polta Moldovei" and financial institutions according to the agreement signed according to National cash desk of social insurance or National employment agency of the population.

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