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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 24, 1998 No. 470

About approval of the Regulations on procedure for carrying out offsets in the course of execution of the State Budget and Regulations on treasury personalized obligations and treasurer debentures and modification and amendments in the Order of the Government of the Republic of Moldova No. 243 of March 3, 1998

(as amended on on July 27, 2009)

In pursuance of the Law on the budget for 1998 and the Order of the Government of the Republic of Moldova N 243 of March 3, 1998. "About urgent measures for accomplishment of the Law on the budget for 1998" the Government of the Republic Moldova DECIDES:

1. Approve:

Regulations on procedure for carrying out offsets in the course of execution of the State Budget according to the appendix N 1;

Regulations on treasury personalized obligations and treasurer debentures according to the appendix N 2.

2. Recommend to bodies of local public authority to apply Regulations on procedure for carrying out offsets in the course of execution of the State Budget when calculating between the public organizations financed from the local budgets, and economic agents according to the list of goods and services approved by bodies of local public authority on account of repayment of their tax debt, to charges and other receipts in local budgets, the taxes (the income tax, the value added tax) except for regulating.

3. For the purpose of payment of the electrical energy delivered to the Republic of Moldova by suppliers from Ukraine to authorize the Ministry of Finance to issue personalized treasury obligations or treasurer debentures worth up to 50 (fifty) million pour with their transfer to the state company "Moldtranselectro" or economic agents who paid off debts to the specified suppliers within remaining balance of budgetary appropriations for the corresponding year.

To the Ministry of Finance to convert personalized treasury obligations into treasurer debentures with condition of accomplishment of all requirements for their release.

4. Bring in the subitem of "f" of Item 1 of the Resolution of the Government of the Republic of Moldova N 243 of March 3, 1998. "About urgent measures for accomplishment of the Law on the budget for 1998" to make the following changes and additions:

in paragraph one of the word "personalized treasury obligations" to add with the words "and treasurer debentures" and further in the text;

state paragraph two in the following edition:

"use temporarily free remaining balance of extrabudgetary funds of budgetary institutions for implementation of priority expenses of the government budget with the subsequent return them within fiscal year. The treasury of the Ministry of Finance is allocated with the right to withdraw from accounts of special means of public organizations quarterly, no later than the 25th following after reporting quarter, excess of the income over the expenses provided in the approved estimates on special means;

add the subitem with the following two paragraphs:

"carry out mutual offsettings according to obligations of organizations of the budget system for communication services for water, the sewerage and sanitary cleaning, for services of laundries and service of private security for debt repayment of suppliers of these services in payments to the budget;

carry out mutual offsettings with Social fund on account of the transfers from the government budget provided on address compensations to the population in connection with increase in the prices and rates for electrical energy and the natural gas used for the purpose of heating".

 

Prime Minister of the Republic of Moldova

Ion Chubuk

Appendix No. 1

to the Order of the Government of the Republic of Moldova No. 470 of April 24, 1998

Regulations on procedure for carrying out offsets in the course of execution of the State Budget

I. SUBJECTS OF OFFSETS

1. This provision is developed according to the Law on the budget for 1998 N 1446-XIII of December 27, 1997 and the Order of the Government of the Republic of Moldova N 243 of March 3, 1998. "About urgent measures for accomplishment of the Law on the budget for 1998".

2. Subjects of offset are:

a) debts on payments of economic agents in the government budget, including according to the regulating income;

b) debt of public organizations to economic agents on the expenses specified in this provision.

c) transfers to local budgets;

d) transfers on the production purposes;

e) capital transfers;

f) the loans granted from the government budget to local budgets

3. To offsetting the debt on excises (except for Article 43 and Item m) article 54 of the Law on the budget for 1998), to penalties and penalty fee on all payment types, and also on advance payments is not accepted.

4. It is not offset on the goods which are stored.

5. Between public organization and the companies suppliers of energy resources are carried out:

a) direct offsets according to obligations of public organizations for the used energy resources, including from transfers on irrigation of lands, and also on compensation of the losses suffered by the companies of heat power complex in connection with leave of heat energy to the population, and on payments of the specified companies in the budget or for the credits of the Ministry of Finance and the state guarantees;

b) offsets when the companies of heat power complex act as intermediaries in relation to the companies delivering them heat energy and the electric power (the woodworking companies, the sugar plants, etc.), with repayment by the last of obligations to the budget;

c) according to the petition of the economic agent on the difference amount in rates for energy resources which is subject to compensation from the government budget offset to suppliers of goods and services with repayment of obligations to the budget by them is made.

6. Also carrying out the following offsets is allowed:

a) for the delivered agricultural products for the state needs on account of repayment of the technical credits obtained in 1998 according to Item m) article 54 of the law;

b) between the organizations and the organizations financed from the government budget, the Tehagroleasing leasing company for the delivered agricultural products and materials on account of repayment of the technical loan granted by the Ministry of Finance according to Item and) article 31 of the Law, and also based on part 1 of article 43 of the Law and the petition of the Tehagroleasing leasing company, between the Tehagroleasing leasing company and Tracom joint-stock company on account of repayment of debts of Tracom joint-stock company to economic agents, with debt repayment of the last according to obligations to the budget;

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