ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 29, 2008 No. 483

About approval of the Regulations on procedure for letting of idle assets

Based on Item c) parts (1) Article 6 and article 17 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, N 90-93, Art. 401) DECIDES: the Government

1. Approve Regulations on procedure for delivery in employment of idle assets it (is applied).

2. Determine that determination of the amount of rent of property of the state/municipal companies and commercial societies with completely or mainly the public capital will be performed according to the procedure established in the law on the government budget for the corresponding year.

3. To bodies of the central and local public authority to bring the regulations regulating procedure for letting of idle assets into compliance with this resolution.

Approved by the Order of the Government of the Republic of Moldova of March 29, 2008 No. 483

Regulations on procedure for letting of idle assets

I. General provisions

1. This provision establishes procedure for letting of rooms which can be used not under housing, fixed assets and other assets, except for lands (further - property).

2. Action of regulations on procedure for letting of idle assets (further - provision) extends to the state/municipal companies, public bodies / public organization on self-financing, commercial societies with completely or mainly the public capital (further - the companies).

3. The rent is established in the employment contract on all hired assets. The amount of rent cannot be less municipal size, calculated according to the law on the government budget for the corresponding year.

4. The financial resources received from letting of property are used by the company (except for the budget bodies / budgetary institutions) first of all for repayment of debts to the national public budget, and the means which remained after these payments according to the decision of council are invested in development of the company.

5. The income of public bodies / public organizations on self-financing received from letting of idle assets are special means and are used according to the law on the budget for the corresponding year and the profit and loss budgets constituted and approved in accordance with the established procedure.

6. The companies operating by the principle of self-financing include the income and expenses connected with letting of property in general financial result which are reflected in Sections profit and losses and are assessed with tax according to the procedure, established by the legislation.

7. The budget bodies / budgetary institutions are exempted from payment for use of non-residential premises of the organizations financed from the same budget. They pay only utility bill, the electric power and other services. In these cases based on the agreement of the room are transferred to free use based on the decisions made by bodies or organizations in which management/use there are respective rooms.

8. The idle property of the state/municipal companies, budget bodies / budgetary institutions, commercial societies with completely or mainly the public capital can be rented from prior consent of the central or local public authorities (further - authorized bodies). In the permission issued by authorized body object (the name of property) which is rented the duration of the agreement, the area of real estate, purpose of its use, the amount of annual payment for hiring is specified.

Change, treaty extension of hiring can be performed with the consent of body which issued permission to its conclusion.

9. The sublease can be performed only with the consent of the lessor and authorized body. The duration of the agreement of subhiring cannot exceed employment contract term. Opportunity and conditions of delivery of the hired property or its part in the sublease make a reservation in the employment contract.

II. Procedure for property leasing

10. The property which is in management of the state/municipal companies can be rented according to the decision of administrative board only with the consent of body which performs function of the founder of the company.

The property which is under authority of the budget bodies / budgetary institutions is rented with the consent of body under which supervision the organization is.

The idle property of commercial societies with completely or mainly the public capital can be rented according to the decision of council of society only with the consent of the body managing the block of shares or public share in the relevant society.

The property which is public property of the state or administrative and territorial units, being in management of commercial societies or other legal entities can be rented only with the consent of body in which management there is this property.

11. Commercial societies in which property there is property have rights of the lessor or it is appropriated to the companies, public bodies / to public organizations on self-financing or to commercial societies under which authority the property which is rented if the Government or local council does not solve other is.

12. The term of hiring of idle property of the state/municipal companies and commercial societies with completely or mainly the public capital, the objects which are not included in lists, not privatizeable, shall not exceed one year.

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