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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 4, 1991 No. 551

About approval of the Regulations on the organization of auctions for sale of industrial, agricultural and other output

(Resolution No. 56 as amended of 22.01.2007)

The government of the Republic of Moldova decides:

1. Approve the enclosed Regulations on the organization of auctions for sale of industrial, agricultural and other output.

2. Determine that about 5 percent of the profit on holding auctions sent to fund of support of the sector of the small and medium companies and provided further on returnable basis to entrepreneurs for investment into creation and development of production base of small enterprises in release of consumer goods, products of agricultural industry, food, medicines, construction materials and designs are not taxed.

 

Prime Minister of the Republic of Moldova Valeriu Murawski

N551 of October 4, 1991 is approved by the Order of the Government of the Republic of Moldova.

Regulations on the organization of auctions for sale of industrial, agricultural and other output

I. General provisions

1. This Provision determines the basic rules of holding auctions for sale to industrial, agricultural and other machinery, the rights and obligations of sellers, buyers and other participants of auction, procedure for distribution of the gained income.

2. The decision on sale of industrial, agricultural and other output at auctions is accepted by the physical persons and legal entities which are producers of these products or the bodies authorized on it by the Government of the Republic of Moldova.

3. At auctions can be on sale as for non-cash and so in cash:

1) producers of products - the industrial, agricultural and other output which is turned out over the state order and also products which are not included in the state order;

2) the bodies authorized by the decision of the Government of the Republic of Moldova - products determined by the Government of the Republic of Moldova.

Products on which the state establishes the fixed or regulated prices can be implemented at auctions only for the special government authorization of the Republic of Moldova.

Sale at auctions of products which free realization is prohibited or limited is not allowed.

4. As buyers at the auctions for sale of industrial, agricultural and other output held according to this Provision any physical persons and legal entities of the Republic of Moldova, other republics and the states can participate.

Information about persons who submitted auction participation applications is not subject to announcement prior to the auction.

II. Preparation for holding the auction

5. Any physical person or legal entity registered in accordance with the established procedure (in dalneyshempredpriyaty) which is the producer of products represented on auction according to the subitem 1 of Item 3 (seller) can be the organizer of auction or the physical person or legal entity (intermediary) is authorized by it. At the same time they shall have authorized legal capacity of implementation of wholesale or retail trade, other similar activities or have the special government authorization of the Republic of Moldova.

6. Organizers of auction, depending on the importance and complexity of products provided on auction, can use one of the following forms of its carrying out:

open auction without preliminary qualification;

open auction with qualification;

the limited auction.

7. The open auction without preliminary qualification will be organized in one stage with participation of not limited number of suppliers who satisfy the conditions established by his organizers.

8. The open auction with qualification will be organized in two stages: at the first stage all interested suppliers, and at the second stage only the suppliers allowed by organizers of auction, meeting requirements imposed to them participate.

This form of auction is used in cases when the buyer wants to have advance guarantees (workmanship, delivery dates and others) from potential suppliers. For this purpose at the first stage organizers of auction on the basis of technical and economic and products and suppliers other information constitute the list of "skilled suppliers" whose products are allowed to auction.

9. The limited auction is held in cases when:

products, proceeding from its specifics, can be delivered, as a rule, by limited number of suppliers;

the preliminary auction which did not end with the conclusion of the contract was organized;

there are reasons, special on that: urgency, need of observance of trade secret, etc.

The notification about auction is performed through the invitations addressed directly to the suppliers elected buyers.

10. If sellers delegate functions of the organizer of auction to the intermediary, between them the written agreement in which are provided is signed:

the necessary information on products sold at auction, represented by the intermediary and procedure for its bringing to participants of auction;

starting price of products;

holding the auction term;

sizes and procedure for provision of advance payment and commission fee to the intermediary;

cross liabilities, conditions of agreement cancelation and property responsibility of the parties;

other conditions on discretion of the seller and intermediary.

11. In case of holding open auction organizers shall publish in seal the notification on it at least in 30 days prior to day of its opening.

The announcement of auction shall contain at least the following information:

name of the organizer and his address;

participation conditions;

method of receipt of documentation of auction and other necessary information;

number and time of possible submission of offers on participation in sales of products at auction, the address to which they shall go.

12. To expected participants of auction - buyers or at the request of those organizers direct the information messages containing the following data:

date, time and venue of auction;

the name and amount of products sold at auction;

starting (starting) price of these products;

payment method, conditions, provisions of payment by installments if it is provided by the seller;

the pledge amount if that is provided by the organizer and necessary account details on which it shall be listed;

amount of the state tax;

address and final term of adoption of auction participation applications;

date, time and procedure for acquaintance with products;

phone for refining or receipt of the additional information;

other information on discretion of the organizer of auction.

13. For the organization and holding the auction the auction commission under the chairmanship of the head - the organizer of auction which structure is determined by his organizers is created.

In structure of the commission on holding the auction - sales of works inventive and arts and crafts, antiques of handiworks of national national crafts shall enter experts - art critics.

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