ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 14, 2007 No. 932

About privatization of the parcels of land which are in public property of the state

In pursuance of the Law on management of public property and its privatization No. 121-XVI of May 4, 2007. (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401) and based on Item 1) article 12 of the Law on the Government No. 64-XII of May 31, 1990 (repeated publication: The official monitor of the Republic of Moldova, 2002, Art. No. 131-133, 1018), with subsequent changes and amendments, the Government of POSTANOVLYAET

1. Approve:

Regulations on procedure for carrying out commercial tenders on privatization of the parcels of land which are in public property of the state according to appendix No. 1;

The list of the privatizeable parcels of land which are in public property of the state, taken away under construction according to appendix No. 2.

2. Create the commission on carrying out commercial tenders on privatization of the parcels of land which are in public property of the state and approve its members according to appendix No. 3.

3. Determine that in case of release of members of the commission from the held public positions their functions as a part of the commission are performed by persons who are again appointed to the corresponding positions, without adoption of the new order of the Government.

4. The financial resources received from privatization of these parcels of land are transferred in full into the government budget for further distribution in accordance with the established procedure for needs of the corresponding industries.

5. Recognize invalid:

The order of the Government No. 385 of April 10, 2005. "About sale of the parcel of land" (The official monitor of the Republic of Moldova, 2007, Art. No. 51-53, 389);

The order of the Government No. 405 of April 12, 2007. "About sale of the parcel of land" (The official monitor of the Republic of Moldova, 2007, Art. No. 54-56, 428);

Appendix No. 1

to the Order of the Government of the Republic of Moldova No. 932 of August 14, 2007

Regulations on procedure for carrying out commercial tenders on privatization of the parcels of land which are in public property of the state

I. General provisions

1. This provision is developed in pursuance of provisions of Art. 54 of the Law N121-XVI of May 4, 2007 on management of public property and its privatization (The official monitor of the Republic of Moldova, 2007, 401) and establishes Art. N90-93,:

a) procedure for preparation and carrying out commercial tenders on privatization of the parcels of land which are in public property of the state, taken away under construction (further - the parcels of land);

b) payment procedure and conclusions of purchase and sale agreements.

2. Can participate in tender:

a) physical persons and legal entities of the Republic of Moldova;

b) private foreign physical persons and legal entities, stateless persons according to the current legislation;

c) associations of persons specified in Items a) and b) this Item.

3. During preparation and the organization of the tender Agency of Public Property under the Ministry of Economy and Trade (in dalneyshemagentstvo of public property) carries out the following fundamental obligations:

a) will organize preparation of documents, their acceptance and check together with the central industry bodies of public management;

b) develops and publishes the information message about exposure of the parcels of land to privatization;

c) informs applicants on conditions of participation in tender and on documentation on the exposed parcel of land;

d) informs applicants and civil society on results of tender;

e) develops the draft agreement of purchase and sale together with the central industry bodies of public management.

4. The commission on carrying out tenders on privatization of the parcels of land which are in public property of the state (further - the commission), performs the following main functions:

a) establishes sales terms and uses of the parcel of land after privatization, and also terms of carrying out tender;

b) establishes original price of sale of the parcels of land;

c) provides carrying out tender;

d) considers applications, sums up the results of tender and determines his winner;

e) constitutes protocols on carrying out and results of tender and represents them to the Agency of public property and the central industry bodies of public management.

5. Commission sessions are competent if at least two thirds of the members provided in the paragraph the second this Item participate in them. Decisions of the Commission are made by open voting simple majority of their voices. Decisions of the Commission are entered in protocols which are signed by all members of the commission who were present at meeting. The secretary is not member of the commission.

Representatives of the Ministry of Economy and Trade, Agency of public property to the Ministry of Economy and Trade, the Ministries of Finance, the Ministries of Justice, the Agencies of land relations and the inventory, the Agency of construction and development of the territories participate in all commission sessions, and other representatives of the central industry bodies of public management - only in case of privatization of the parcels of land which are in their use or in use of the companies which are under their supervision.

6. Commission session is held in 10-day time from expiry date of documents acceptance from applicants.

7. The commission has the right to consider the arrived offers and to make relevant decisions at one or several meetings.

8. Central industry bodies of public management:

provide preparation of document package concerning the parcel of land and represent it to the Agency of public property;

provide access to the parcel of land exposed on privatization;

bear responsibility for reliability and correctness of the provided materials and documents.

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