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LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2008 No. 179-XVI

About public and private partnership

(as amended on 27-11-2020)

For the purpose of assistance to attraction of private investments for projects implementation of the state value, increase in efficiency and quality of social jobs, services and other types of activity of social significance, and also for effective use of national property and public money

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Scope of the law

This law establishes the basic principles of public and private partnership, form and methods of its realization, procedure for creation and functioning, the right and obligation of the state and private partners.

Article 2. Basic concepts

In this law the following basic concepts are used in value:

the state partner - the legal entity of the public law or the consolidation of such persons establishing partnership within public and private partnership;

the private partner - the legal entity of private law or physical person and/or consolidation of such persons which became according to the law the participant of public and private partnership;

public and private partnership - the agreement signed between the state and private partners for the long period of time for implementation of activities of public interest based on capability of each partner to dispose as appropriate of resources, risks and the income;

public interest - any benefit which form and value are determined by the decision of the state partner, received for benefit of the state partner, and also persons living and/or working at the territory of the Republic of Moldova;

the offerer - the legal entity of private law or physical person and/or consolidation of such persons proposing to establish public and private partnership;

the offer - the written proposal submitted by the offerer to the state partner on initiation or establishment of public and private partnership.

Chapter II. Basic principles of public and private partnership

Article 3. The principles applied in the relations in the field of public and private partnership

The relations in the field of public and private partnership are based on the principles:

a) equalities of approach, impartiality and nondiscrimination;

b) transparencies;

c) proportionality;

d) balances;

e) ensuring competition;

f) freedoms of the agreement;

g) cooperation.

Article 4. Principle of equality of approach, impartiality and nondiscrimination

(1) the State partner provides equal approach to all offerers within any element or stage of the procedure of the choice of the private partner. In all cases criteria of the choice of the private partner shall be accurate and non-discriminatory.

(2) Technical requirements shall provide to offerers equal access and not create unjustified obstacles or limit the competition.

Article 5. Principle of transparency

(1) in the course of establishment of public and private partnership the state partner guarantees the objective choice of the private partner, at the same time providing the greatest possible extent of informing the population taking into account the purpose, nature and the importance of subject of public and private partnership.

(2) the State partner shall provide the publication of information messages in the Official monitor of the Republic of Moldova. Contents of other documents and data on the procedure of the choice of the private partner are published on the web page of the Agency of public property (further - the Agency), and also on other web pages at the discretion of the state partner.

(3) Within the procedure of the choice of the private partner the state partner provides to all offerers access to the same information irrespective of, it belongs or does not treat, in his opinion, process of preparation of offers or participation in the procedure of the choice or information on conditions and criteria of the choice of the private partner.

(4) Commission sessions at the choice of the private partner are open, and final results of the choice are published in the Official monitor of the Republic of Moldova and on the web page of the agency.

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